Local regulation of bicycle traffic

[Gary Cziko]

People,

Does CVC 21206 (see below) give local governments to prohibit bicycles on a public roadway undergoing repair where motor vehicle traffic is allowed to continue?

—Gary

California Vehicle Code Section 21206: “Local authorities may adopt rules and regulations by ordinance or resolution regarding the registration of bicycles and the parking and operation of bicycles on pedestrian or bicycle facilities and local streets and highways, including, but not limited to, the establishment of bicycle lanes as provided in Section 21207. Local action shall be consistent with the provisions of this code.” 

California Vehicle Code Section 21: “Except as otherwise expressly provided, the provisions of this code are applicable and uniform throughout the state and in all counties and municipalities therein, and no local authority shall enact or enforce any ordinance on the matters covered by this code unless expressly authorized herein.”

[Alan Wachtel]

Gary Cziko wrote:

Does CVC 21206 (see below) give local governments to prohibit bicycles on a public roadway undergoing repair where motor vehicle traffic is allowed to continue?

—Gary

California Vehicle Code Section 21206: “Local authorities may adopt rules and regulations by ordinance or resolution regarding the registration of bicycles and the parking and operation of bicycles on pedestrian or bicycle facilities and local streets and highways, including, but not limited to, the establishment of bicycle lanes as provided in Section 21207. Local action shall be consistent with the provisions of this code.” 

That is not what §21206 says. It 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." Nothing about local streets and highways.

Where did the language you quote come from? Could it be the old version of the law, before it was amended in 1976?

~ Alan

[Jim Baross]

Which "begs the question," when or may local authority prohibit bicycling where motor vehicle traffic is not prohibited other than on limited access freeways?

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[John Cinatl]

Greeting

If I remember correctly this topic came up a few months ago and I responded with the following..............

I think it answers Gary concerns........

Public Agencies and California State University System May Adopt Rules/Regulations for Bicycles

21113  [Note: Sub-sections (a) through (d) omitted for brevity]

(e) A transit development board may adopt ordinances, rules, or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, skateboards, and roller skates on property under the control of, or any portion of property used by, the board.

(f) A public agency, including, but not limited to, the Regents of the University of California and the Trustees of the California State University, may adopt rules or regulations to restrict, or specify the conditions for, the use of bicycles, motorized bicycles, skateboards, and roller skates on public property under the jurisdiction of that agency.

John Cinatl, MCRP

Retired - Caltrans D6 Bike/Ped Coordinator

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[William Sellin]

Re: Palos Verdes’ threat to prohibit bicycles on a public roadway open to vehicles or OC or Irvine having an ordinance that limits electric bicycles or eBikes to 28 mph regardless of higher posted speed limits for vehicles. 

Bill Sellin

714 943-3678

WASe...@gmail.com

"Most of the World 

        is either Downhill or Flat..."

On Jun 15, 2024, at 12:59 PM, John Cinatl <j.f.c...@sbcglobal.net> wrote:



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[Gary Cziko]

Alan,

That wording of CVC 21206 came from ChatpGPT-4o.

Yet another lesson to not trust (not yet at least) everything that AI provides.

--Gary

[Gary Cziko]

Alan and others,

From the Rancho Palos Verdes info about their City Council meeting coming up on Tuesday, June 18.

In consultation with the City Attorney’s Office, Staff recommends temporarily prohibiting
bicycles, motorcycles and other two-wheeled vehicles on PVDS in the landslide area until
land movement is significantly slowed. This prohibition will reduce the likelihood of injuries
and will also reduce the number of claims and lawsuits tendered to the City. Although the
City is very likely to prevail on claims because of the warning signs, significant resources
may still need to be expended in defending potential claims and lawsuits. Ultimately,
however, the City’s goal with the additional signs and the proposed prohibition is to
prevent any such injuries.

 

The City Attorney’s Office has reviewed the legality of temporarily prohibiting bicycles,
motorcycles, and other two-wheeled vehicles on PVDS while allowing cars, and
determined that the emergency conditions and the City’s proclaimed local state of
emergency likely give the City Council the power to implement such a prohibition on a
temporary basis until the area is stabilized. (emphasis added)

Note the use of the word "likely" in the second paragraph, an admission that the City Attorney is not sure it if the City has the authority to do this.

--Gary