Bicycling and the law Am I required to ride in a bike lane?

What the law says: Where a street or road has a bike lane, California Vehicle Code Section 21208 requires a bicyclist to use the lane when traveling slower than the flow of traffic. Moving out of the lane is permitted for passing another bicyclist, vehicle or pedestrian in the lane, avoiding debris or other hazards in the lane, making a left turn, or approaching a place where a right turn is authorized.

Riding outside the lane is permitted in these instances only when it's reasonably safe to do so and after the movement has been signaled. The rest of the story: State law and common roadway practice call for slower-moving traffic to travel on the far right of the roadway. Bike lanes provide a place for slower-moving bicycle traffic.

The exceptions listed in Sec. 21208 make clear that bike lanes do not isolate bicyclists from the need to be responsive to roadway conditions. Sec. 21208 implies, but does not directly state, that a bicyclist traveling with the speed of traffic may ride outside of a bike lane. The bicyclist who does so is subject to the same basic rules of lane positioning that apply to anyone riding on a road without a bike lane.

Since most motorists expect to see bicyclists riding to the far right (whether or not there's a bike lane), riding safely within the flow of traffic requires remaining visible to other vehicles and riding predictably according to the rules of the road. The take-away: Slower-moving bicyclists must use a bike lane where one is provided. A bike lane can be a safer place to ride, so long as the bicyclist knows the basic rules for responding to roadway conditions.

Do you have a legal question you'd like to see answered in a future issue of CalBike Report? Contact us! Many thanks to CBC board member and bicycle attorney Gary Brustin for reviewing this article.