California Motor Vehicle Code

GREG WALKER: His road rash tells important story

On June 16, at approximately 6:30 a.m., I became a statistic. I am now one of the 51,000 pedal cyclists who, according to the National Highway Safety Administration, are injured or visit an emergency room each year due to motor vehicle crashes. My story is not exceptional, but rather ordinary.

I enjoy endurance sports and for the past several years I have dedicated myself to the sport of competitive cycling. Prior to that I ran half and full marathons, participated in many local fundraiser events and occasionally traveled to participate in "epic" type endurance events. I train with men and women who share the same passion that I do, a love of fitness.

All of us are productive members of the local community who work regular jobs: engineers, lawyers, physical therapists, construction managers, salespeople, nurses, educators, laborers -- you get the point. Some are students at the high school or collegiate level. None of us are professional cyclists nor do we aspire to make a living from our sport. (Although some have the talent. Watch for them to make a splash in the coming months and years.) We all have day jobs and with that in mind we train during the early morning hours, with a special regard for safety.

Maybe you heard about my accident. I was in a group of about 15 cyclists riding on Granite Road when a truck attempted to pass on a curve and, confronted with an oncoming car, veered to the right, knocking me down and triggering a pileup of bikes and bodies on the road. My road-rash injuries were serious enough to warrant a trip to Kern Medical Center, where I was treated and released.

These "bike vs. auto" accidents are all too common. Today, I am writing with the hope of educating our community about the safety issues that all individuals on bicycles face each day.

Being born and raised in this community, I am keenly aware of our reputation, both good and bad. Our city is ridiculed in almost every survey in the country, from air quality to "best places to meet single people." Some things we cannot change and we just accept as "life in Bakersfield." However, I believe that we have a responsibility to get involved in the areas that we are truly passionate about and capable of effecting positive change.

Many of the roads in Kern County and within the city of Bakersfield do not have widened shoulders or dedicated bike lanes. Paved roadways without these features compromise the safety of the individual or group and place riders and those utilizing our roadways for commuting or recreation at greater risk of injury.

Biker Illegally Stopped by a Cop - Motorcycle Blog | California ...

A biker called me a few days ago, and told me that he was stopped by a cop on a San Diego-area freeway while riding his special-construction motorcycle. The cop asked him what size his motor was.  It was 200cc, and the biker told him so.  I assume that the cop believed it was less than 150cc. (The legal distinction is that under the California Vehicle Code, a motorcycle with an engine smaller than 150cc is considered a "motor-driven cycle."  These are not legal on some California freeways.)  The cop ended up giving him a ticket for no proof of insurance, and no valid motorcycle endorsement on his drivers license. 

He is fighting the ticket, and asked for advice.  I told him that even with an attorney, these kinds of hearings can be very difficult to win.  It's essentially the cop's word against yours.  On top of that, the judge or magistrate can make rulings that are out of left field.  Below is a shortened version of the email I sent him on how to fight the ticket -- in this case, arguing that the stop was an illegal search and seizure:

Dear [Biker]:

Here is what I would try.  Question the cop as to why he stopped you.  Keep it simple.  You want to establish that he stopped you on nothing more than a hunch that the bike was not big enough for highway use.

ASK THESE QUESTIONS:

Do you recall pulling me over?
Why did you pull me over?
    [If he says you were swerving, ask if he gave you a breathalizer or a field sobriety test.]
    [If he says you were driving too slow, ask:]
          (1) how did you determine my speed?;
          (2) how fast was I going?; and
          (3) what is the minimum legal speed where you stopped me?]
    [If he says that your motorcycle looked illegal for highway use, ask:
          What are the requirements for a motorcycle to be legal for use on that freeway? 
               [If he answers 150cc, ask:]
                    How can you tell what is 200cc, what is 250cc, vs what is 125cc?

The Vehicle code, state of California

The Codes of California ...: pt. 1-2. Political code

Air pollution control law, compliance and enforcement

Henning's general laws of California, as amended and in force at the close of the forty-third session of the Legislature, 1919, including initiative and referendum acts adopted at the general election of 1920

The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909