Last Saturday two cyclists were riding on Pacific Coast Highway in Malibu and were killed by a passing catering truck. The cyclists had been forced into traffic lanes by a construction barriers in the bike lane. If you haven’t already done so, read the complete story here.

As with any catastrophe, some people will point the finger at the victims. Fortunately, the sheriff’s department immediately put these thoughts to rest by their unequivocal statement affirming the right of the cyclists to be in the traffic lane and putting full fault with the driver that struck them.

However, and disappointingly, the first official action by the sheriff’s department following the accident has been to announce that they would be rigorously enforcing a rule ticketing riders riding two abreast in the roadway. Being a longtime rider in the area, I can tell you the only people to do this are organized groups of riders (typically early in the morning). Very little traffic is disrupted and it is much safer since it is easier for cars to see large groups of riders.

Our biggest problem with this announcement was that it is not part of a broader policy to increase bicycle safety on the Highway, for example by ticketing people who obstruct the bike lanes and cause the greatest dangers. Even if this policy would have been in effect it would not have saved the lives of the two riders. Regarding this topic, the following letter was sent to us by Susan Gans, a cycling rights advocate, and she asked us to share it with you:

Dear Friends in the Los Angeles Cycling Community:

I wanted to alert you to a recent development that may affect cyclists who ride on Pacific Coast Highway in Malibu. In response to the death last weekend of two cyclists on PCH, the Sheriff’s Department that patrols PCH throughout Malibu (as well as the other cities listed below) has announced that it will begin cracking down on and giving citations to cyclists who ride two (or more) abreast in the roadway. Unfortunately, it appears that the disorderly and sometimes rude conduct of a few unruly “packs” (their term), sometimes three or more abreast in the road, has cast us all in a negative light and prompted these draconian, dragnet measures.

They are relying on CA Vehicle Code Section 21202 (which requires cyclists to ride as far to the right as possible, except in specifically designated situations, such as to avoid a hazard or to pass another cyclist), and upon the code section which prohibits impeding the flow of traffic (since the speed limit in sections of PCH is 45 – 50 mph, any cyclists, other than perhaps Lance, would be slower than the flow of traffic when traffic is moving at or close to the max speed). While I do not know the fine involved, I believe the ticket would be a moving violation that goes on your driving record and also quite expensive (assuming the recipient was unsuccessful in contesting it).

I spoke to a sheriff and was able to clarify that they do not intend to ticket cyclists riding side by side in the shoulder (i.e., it is o.k. to ride side by side, as long as both are riding inside the shoulder). Still not clear is whether they will ticket only the “outside” cyclist who is actually in the roadway, if the other is in the shoulder. So, for the time being, unless and until we can get the department to back off or rescind this policy (and TRUST me, there are several people already at work on this), please heed this warning and single up whenever riding alongside another rider would require one rider moving into the roadway.

While this policy will certainly apply to Malibu, the same Sheriff’s Dept. has jurisdiction in Agoura Hills, Calabasas, Hidden Hills, Malibu, Westlake Village, Chatsworth Lake Manor, Malibu Lake, Topanga and West Hills. Thus, it is quite likely that the sheriffs in these localities will be citing cyclists there as well.

PLEASE FORWARD THIS WARNING TO YOUR CYCLING FRIENDS WHO ARE NOT IN MY ADDRESS GROUP, AS WELL AS TO SOCAL CYCLING WEBSITES.

You can stop reading here if you like, but for those who are tempted to reply to me or start a huge e-mail discussion on this topic, please continue reading, which I hope will cause folks to refrain from further comment, since I think the issues have been pretty thoroughly covered already.

I politely pointed out to the sheriff that his officers had publicly acknowledged that the driver was completely at fault in last weekend’s fatal accident, and that Scott and Stanislav had the right to be in the roadway, even if they were riding side by side (it is possible that one may have been attempting to pass the other, as permitted by law). I also asked him whether the sheriffs had considered the possibility that it is SAFER for cyclists to ride in a double paceline in a “pack” because they are much more visible to drivers than if they were strung out in a long line, and that the fact that so many cyclists on PCH do ride in a pack may be the reason why there have been so FEW fatalities to date. This did make him pause, but did not make him budge.

I also explained to him that to the extent that many drivers barely tolerate cyclists as is, or that those who are respectful of cyclists are often quite nervous about passing cyclists, the situation is exacerbated enormously when a driver has to pass 40 cyclists strung out in a very long line, instead of 20 rows of a double pace line – - easier to spot from a distance and much quicker to get around. That argument also failed to sway him.

I also said that I had been informed that another police department had launched a similar campaign a few years ago, and all of the tickets had been dismissed. However the sheriff told me that he has issued tickets to cyclists for violations of VC Section 21202 and they have all been upheld. (I sent an e-mail to cycling attorney Gary Brustin to get his opinion regarding the enforceability of such a citation but have not heard back yet).

I further explained to the sheriff that if they REALLY want to take actions that will actually HELP cyclists, they can (instead of giving tickets to skilled cyclists riding in a controlled paceline) go after the real menaces, i.e., (1) cars illegally parked in or intruding into the shoulder or in “no parking” zones, including delivery trucks and cars being washed and detailed; (2) people (e.g., contractors and repairmen) who place cones in the shoulder without authorization; and (3) “wrong way” cyclists. He agreed that those are problems, but it was clear that they are setting the “side-by-side” prohibition as their priority.

For what it’s worth, I honestly believe that the sheriffs are well intentioned. The sheriff to whom I spoke was at the scene last Saturday and was clearly shaken by it and said he never wants to see anything like that again in his life. I’m sure that cyclists who are accustomed to and skilled in riding in a double paceline will concur that this is a “knee-jerk” reaction not based in sound reasoning and certainly not likely to prevent a repeat of last week’s tragedy. However, it is what it is for now, and I just don’t want anyone to get a ticket. I also asked the sheriff to consider having a “grace period” during which cyclists would be given a warning rather than a ticket, but that proposal also sunk like a lead balloon.

So folks, be wise, be CAREFUL and be safe out there!

Susan Gans

Additional information on cycling in Los Angeles can be found at Velo Club La Grange.

technorati: malibu cycling

This entry was posted on Saturday, September 17th, 2005 at 10:16 pm by Insider and is filed under Off Topic. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.