Agenda item 4, prohibiting bicycling on Palos Verdes Drive South

[Jim Baross]

On behalf of the California Association of Bicycling Organizations, I wish to communicate to you our opposition to the illegal proposal for the RANCHO PALOS VERDES CITY COUNCIL decision on June 18 regarding Regular Agenda Item 4:
"Consideration and possible action to temporarily prohibit bicycles, motorcycles, and other two-wheeled vehicles on Palos Verdes Drive South within the landslide area. (Recommendation: Adopt Resolution No. 2024-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, TEMPORARILY PROHIBITING TRAVEL BY BICYCLES, MOTORCYCLES, AND OTHER TWO-WHEELED VEHICLES ON PALOS VERDES DRIVE SOUTH WITHIN THE LANDSLIDE COMPLEX DUE TO THE ACCELERATED RATE OF LAND MOVEMENT.

We recommend that the City Council adopt alternative 1. "Do not adopt a resolution temporarily prohibiting bicycles, motorcycles, and other
two-wheeled vehicles on PVDS within the Landslide Complex."  

It's concerning that the shifting ground is affecting the safety of Palos Verdes Drive South. We hope that necessary action can be taken to eliminate this hazard. Meanwhile, if motor vehicle travel is allowed on the roadway, we insist that bicycle travel should also be permitted. According to the California Vehicle Code, a person riding a bicycle on a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle, except for some specific provisions.

While local regulations may exist, they cannot remove any rights listed in the state traffic laws unless expressly permitted by the state. Local authorities may only regulate the registration and operation of bicycles on bicycle facilities per the California Vehicle Code.

The California Vehicle Code governs all bicycling on public roads in this state. CVC 21200,
"Current as of January 01, 2023, (a)(1) A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Section 27400, Division 16.7 (commencing with Section 39000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions which by their very nature can have no application."

Although many counties, cities/towns, campuses, and military bases may have their own traffic regulations, usually known as ordinances or codes, these local regulations may not take away any rights listed in the state traffic laws unless the state expressly permits this option. Local authorities may only regulate the registration and operation of bicycles on bicycle facilities (Class I, II, IV) per California Vehicle Code 21206, which reads: "This chapter does not prevent local authorities, by ordinance, from regulating the registration of bicycles and the parking and operation of bicycles on pedestrian or bicycle facilities, provided such regulation is not in conflict with the provisions of this code."

For these reasons, we respectfully request that the City Council not adopt a local ordinance prohibiting bicycling on Palos Verdes Drive.

Jim Baross

President, Calif. Assoc. of Bicycling Organizations

Board Member, League of American Bicyclists

Sender notified by Mailtrack

06/18/24, 10:33:05 AM