Passing on right while lanesplitting one lane street?

[twitchmonitor]

I was on a 2 way street, one lane each direction, with a row of parked cars on the outside. A police car pulled up to the stop sign sloooooowly in front of me. I pulled up beside it, on the passenger side. The cop car on my left, the parked cars on my right. After stoping, I pulled away and back into the center of the lane. At the next light, the car pulled up beside me and the cop asked me if I knew what I'd done was illegal.

To be honest, I didn't think it was. I've been looking through DVM/CHP codes and such, and I can't find anything to decide it one way or another. Is it illegal? What code makes it so?

[splat]

Did you two turn right, or did both of you continue straight?

[Junkie]

Was there a marked bike lane? If so, you can't ride in them. Otherwise, because it is lane SHARING, there don't need to be multiple lanes for it to be legal.

oh, and cops don't always know the law. I was at a friend's grandparents house and commented to the grandfather, who used to be a cop (for quite a while), that I had done all of my driving that day (several hundred miles) barefoot. he asked me if I knew it was illegal, and I replied that people have done thorough investigation and hadn't managed to find any states that banned it (and that it was legal in CA).

of course, if they believe what you did was unsafe or are pissed off at you for some other reason, they can always find something to ticket you for.

[mnb]

If a cop tells you something is illegal, always ask them to cite section of the motor vehicle code. Ask nicely, like you want to be informed.

That way, you can look it up later. And if he can't cite one, that doesn't mean it IS legal, but it certainly raises doubt about it's illegailty.

[twitchmonitor]

Originally posted by splat
Did you two turn right, or did both of you continue straight?

We both went straight.

[twitchmonitor]

Originally posted by Junkie
Was there a marked bike lane? If so, you can't ride in them. Otherwise, because it is lane SHARING, there don't need to be multiple lanes for it to be legal.

oh, and cops don't always know the law. I was at a friend's grandparents house and commented to the grandfather, who used to be a cop (for quite a while), that I had done all of my driving that day (several hundred miles) barefoot. he asked me if I knew it was illegal, and I replied that people have done thorough investigation and hadn't managed to find any states that banned it (and that it was legal in CA).

of course, if they believe what you did was unsafe or are pissed off at you for some other reason, they can always find something to ticket you for.

Nope, no bike lane.

[twitchmonitor]

Originally posted by mnb
If a cop tells you something is illegal, always ask them to cite section of the motor vehicle code. Ask nicely, like you want to be informed.

That way, you can look it up later. And if he can't cite one, that doesn't mean it IS legal, but it certainly raises doubt about it's illegailty.

I hesitated when he asked me b/c I wanted to tell him that no, I wasn't aware that it was illegal. But since he seemed like he was ready to actually ticket me if he didn't like my reply, I didn't want to take the chance that he would think I was being a smartass.

[JPM]

This has been discussed in a couple of prior threads. There are two sections that can cover passing on the right.

http://www.dmv.ca.gov/pubs/vctop/d11/vc21754.htm

http://www.dmv.ca.gov/pubs/vctop/d11/vc21755.htm

Notice it does not say anything about being in a different lane so saying you are "lane sharing" does not make any difference.

[JPM]

Originally posted by mnb
If a cop tells you something is illegal, always ask them to cite section of the motor vehicle code. Ask nicely, like you want to be informed.

That way, you can look it up later. And if he can't cite one, that doesn't mean it IS legal, but it certainly raises doubt about it's illegailty.

Most officers will be happy to tell you the section. But also be aware, if you are just getting a warning in might as well be as easy to say "Ok" and drive off and continue on with your life. However it may make the officer think that as long as he / she is taking up the time to tell / show you it might be just as easy to write it down on a paper that you sign your name to so you have a hard copy of the section.

And you can always ask your helpful LEO’s on BARF.

[Junkie]

Originally posted by JPM
This has been discussed in a couple of prior threads. There are two sections that can cover passing on the right.

http://www.dmv.ca.gov/pubs/vctop/d11/vc21754.htm

http://www.dmv.ca.gov/pubs/vctop/d11/vc21755.htm

Notice it does not say anything about being in a different lane so saying you are "lane sharing" does not make any difference. 21754b seems to allow passing on the right in a residential or business area where there is enough room, and I believe that is why you said someone else on here was not at fault when someone turned onto the roadway without seeing them and hit them.

as for 21755 - well, that is a catch-all that is up to officer discretion it sounds like.

[twitchmonitor]

Originally posted by Junkie
21754b seems to allow passing on the right in a residential or business area where there is enough room, and I believe that is why you said someone else on here was not at fault when someone turned onto the roadway without seeing them and hit them.

as for 21755 - well, that is a catch-all that is up to officer discretion it sounds like.

Sounds like 21755 is telling me that it WAS ok. I passed at a VERY low speed.

[Dove]

Thank you!

Printed and I will be showing the judge next month.

:)

[zpyro]

Much like my situation, except there were no parked cars on the side. I was not cited for breaking any laws.

[zpyro]

Originally posted by Junkie
21754b seems to allow passing on the right in a residential or business area where there is enough room, and I believe that is why you said someone else on here was not at fault when someone turned onto the roadway without seeing them and hit them.
Probably talkin about me. Hard to see me when ya don't look in the first place:laughing

[VroomVroomVroom]

atleast you weren't on the side walk!

.... passing on the right has never felt legal when I do it, shoulders, sharing or around a left hand turning vehicle.......... mainly because I remember it being beaten to death in the DMV driving manual......... I am wondering how you thought that was legal

[SoarAndEnvision]

That's a FAT ticket in LA - so I'm assuming it's the same here. When you're on the right it's assumed your turning.

Funny story - my rider friend told me that 2 weeks after I started riding and passing on the right at EVERY SINGLE RED LIGHT. He was like "Naumy what the hELL are you doing?"

But yeah, I think the fine is 3 digits easy.

[Dove]

Originally posted by VroomVroomVroom
atleast you weren't on the side walk!

.... passing on the right has never felt legal when I do it, shoulders, sharing or around a left hand turning vehicle.......... mainly because I remember it being beaten to death in the DMV driving manual......... I am wondering how you thought that was legal

:wtf

[Dove]

Originally posted by SoarAndEnvision
That's a FAT ticket in LA - so I'm assuming it's the same here. When you're on the right it's assumed your turning.

Funny story - my rider friend told me that 2 weeks after I started riding and passing on the right at EVERY SINGLE RED LIGHT. He was like "Naumy what the hELL are you doing?"

But yeah, I think the fine is 3 digits easy.

Isn't LA part of California?

[SoarAndEnvision]

ROFL last I heard - but you know some city's cops rail on different things - hey you makin' the pig tomorrow ?

[Dove]

Originally posted by SoarAndEnvision
ROFL last I heard - but you know some city's cops rail on different things - hey you makin' the pig tomorrow ?


Please reread all, beginning with the beginning of the beginning.

:teeth