Road Rules: Addressing Traffic Safety in Santa Monica

The streets of Santa Monica are often a place of conflict, as drivers compete for asphalt, pedestrians try to get across in one piece and cyclists attempt to squeeze in wherever they can fit. Some of this conflict comes from carelessness, impatience, frustration and roadway design. But oftentimes, it also comes from ignorance or confusion about what the rules of the road really are.

To have a truly sustainable city, being able to get around by foot and bike is an essential component. However, if some people live in fear of walking or cycling in the city, which is often the case presently, it not only undermines sustainability, it effects the quality of life in the community.

Pedestrians are the most vulnerable road users, and the most common problem faced while walking is drivers failing to yield while pedestrians cross the street. When drivers do stop, some often stop far too close for comfort, and sometimes one car will stop while another will try to go around and pass, which can be very dangerous.

I remember a particular nasty failure-to-yield while crossing at the crosswalk by with my wife. We were walking our tandem across to resume riding on the other side. The driver in the first lane was yielding just fine and courteously, and then a car in the second lane nearly drove into us, braking at the last second (violating California Vehicle Code 21950), with cell phone in hand (violating CVC 23123). Our hearts racing a little at this point, we continued to cross, and then a third driver swung out of nowhere and nearly hit us, having used the center turn lane to make an illegal pass of the car that had stopped in front of us (violating CVC 21460.5). This person also had their cell phone out.

On a recent trip to Boulder, Colorado, I was absolutely in shock as I walked around. They take yielding to pedestrian laws very seriously there, and it shows. Whenever I stepped off a curb, I felt like I had a 100-foot forcefield, as cars would all slow and stop with large, comfortable distances. Being an L.A.-area native, it felt like being in some alternative universe.

While confusion in the local streets abounds on many fronts, no mode of transportation seems more poorly understood than bicycling. Our poor education on the rights, responsibilities and best practices of bicycling starts with neglect in school, where formally comprehensive bike education courses in America mostly vanished decades ago. Before many such programs disappeared, as car traffic grew and grew, some schools went through a phase of teaching that bicyclists always belong on the sidewalk, something that is illegal in cities like Santa Monica (SMMC 3.12.540).

When someone goes through the process of getting a driver's licence, there is no testing of knowledge of bicycling regulations or how to safely interact with cyclists on the road. The only diagram in the California Driver Handbook concerning bicyclists is basically a crude drawing suggesting not to hit one. Since the mis-education around bicycling is so widespread, bad behavior and practices reinforce themselves, creating a road culture that is often entirely separate from the law.

The consequences of this confusion about bikes can be seen on the street, the sidewalk or the beach path, and can be heard through complaints voiced by members of the community. There is a lot more finger-pointing than working toward real solutions, a lot of misquoting of the actual rules of the road, and a lot of biases that do not reflect an understanding of what it's like in each mode of travel.

I cannot address every issue concerning the legal complexities of bicycling in a single column, but hopefully I can give some insight on the confusion, contention and misconceptions I experience, hear and read about most frequently. I want to get this information out both for the sake of creating more understanding in the community, but frankly out of self-interest as well. As a bicyclist, I sometimes tire of having to explain my rights to people.

First of all, a cyclist's right to the roadway is one that has existed since before automobiles existed. It has continually been protected by the Supreme Court under the interpretation of the fundamental right to travel, explained by cycling lawyer Bob Mionske in the excellent book Bicycling and the Law. Under California law, as with the law in other states, bicyclists have all the rights and responsibilities of a motor vehicle driver (CVC 21200), and so, in essence, all the same rules that motorists must abide by apply to cyclists as well. There are a few specific laws governing bikes specifically, and there are obviously different equipment requirements as well.

So yes, cyclists must ride with traffic, not against it, they must give proper right of way, stop at signs and signals, etc. Cyclists do need a headlight at night, and while many are surprised to know that a taillight is not required at night on a bike in California, a rear reflector is required. It is highly advisable to have both a headlight and taillight at night, though, for maximum visibility. Helmets are not mandatory unless you are a minor, but I always ride with one.

Cyclists are obligated under CVC 21202 to ride as far to the right edge of the road as is practicable. The keyword there is "practicable." Law-enforcement representatives often misquote the word as "possible." It is possible to ride in the gutter with broken glass and other road debris, but it certainly is not practicable. Also important under this provision are a number of sections that specify exceptions to the rule, such as making left turns, passing other cyclists or vehicles, and avoiding various hazards such as debris or opening car doors—all of which makes it dangerous to ride at the right edge.

Lanes that are considered sub-standard, defined as lanes too narrow to safely share side by side with car traffic, are also considered a hazard. This means that in many places, due to narrow lane width and the presence of parked cars, cyclists are not obligated to ride to the right of the roadway and may ride in the center of the lane, a concept known as "controlling the lane."

It’s also a common misconception that cyclists riding side by side is illegal. There is in fact no such law in the California vehicle code, though sometimes it is falsely suggested to be the case by some, such as sheriffs in Malibu. Just as motorcyclists are allowed to ride side by side within a lane, so too are cyclists. Most bicyclists generally do not ride side by side, but when they do, they need to remain in the right lane and should be courteous in letting other traffic pass. If enough cars back up, it can be considered obstructing traffic when there are not additional lanes and space to safely pass.

So what about bike lanes? Bike lanes are lanes that, as the name implies, are for bicycling through traffic only. However, drivers may merge into and turn from bike lanes where there is parking, driveways and intersections. Cyclists are required to ride in them when they are present (CVC 21208), though most streets do not have them. Like the obligation to ride to the right, there are also exceptions to having to ride within a bike lane. Cyclists are permitted to leave a bike lane or ride out of the bike lane when there are obstacles blocking the lane, to make left turns, to pass other cyclists or if automobile traffic is no faster than the speed of the bicyclist. Leaving the lane, one is obligated to signal intentions to other traffic.

Some people have also taken to using bike lanes for jogging, but CVC 21966 states that “No pedestrian shall proceed along a bicycle path or lane where there is an adjacent adequate pedestrian facility."

One of the lesser-understood regulations concerning bike lanes is that, according to CVC 21717, drivers must merge into bike lanes before making permitted turns and never turn across the bike lane. If you think of a bike lane as another lane like any other, you would never make a right turn across another adjacent lane of traffic. But drivers do this with bike lanes all the time. It can result in a T-bone situation known as the "right hook," where a car turns right in front of a bicyclist who does not have any room to evade the broadside of the car and has insufficient time to stop.

I hear many drivers complain about cyclists not following some rules, like not stopping at stop signs, which is indeed a legitimate cause for concern. However, there are many rules that drivers break with impunity. That needs to be seriously addressed as well but is often rationalized from a driving-centric perspective.

For example, speeding is an extremely common offense. It happens on nearly every street, especially at night, when the calm of reduced traffic congestion gives way to the roar of racing down empty streets. Even going a little over, say 5 or 10mph, may seem insignificant to the driver who just wants to buy a few seconds of extra time. However, according to the National Highway Traffic Safety Administration, at 40mph, striking a pedestrian results in an 80 percent chance of death. Being hit at 30mph, there is an 80 percent chance they will survive. To the pedestrian, that “just a little over” can actually be a very serious matter.

Everyone needs to be more mindful of each other and the rules of the road—drivers, cyclists and pedestrians alike. I encourage people to check out classes offered through the Sustainable Streets. The organization is currently partnered with West Hollywood, but has plans to expand and include other Westside cities and neighborhoods, including Santa Monica. They teach the best practices for safe cycling in traffic, and it can be a really eye-opening and empowering experience. Even if you never plan to ride a bike regularly, it might give you a better understanding of being on the other side of the windshield.

I do feel that motorists ultimately have the biggest responsibility in promoting safety since drivers are in the position to cause the greatest harm. When drivers don’t know the rules of the road, they sometimes lash out and try to intimidate cyclists in fits of rage. I cannot count the number of times I have been screamed or honked at for doing nothing at all wrong under the law. Then, when some cyclists flee the road to ride the sidewalks as a response to such harassment, we get the string of complaints about sidewalk riding by those on foot. While yes, a cyclist riding on the sidewalk in Santa Monica is in the wrong—outside Santa Monica the rules are more fuzzy, which adds much confusion—ultimately, I believe it is a failure of our transportation system and our culture that cyclists have a right to the road under law, but frequently do not feel they belong there or are welcomed there.

If we want a green city, a humane city—one that is both sustainable and offers safe mobility for all street users—we are going to have to do more to address traffic safety. There is no magic bullet. It will take every citizen and every level of government working together. It will take better infrastructure and better education. It will take effective enforcement and needed legal reforms. It will take cooperation and personal responsibility.

We’re all in this together. Be safe out there.

[On Monday at 11:53 a.m., "practical" was corrected to read "practicable" in the 13th paragraph.]