Video Training Techniques and Rights Soon To Come
There is a bunch of good information below already--but we've learned so much more.

Your Bike Rights Package

Bikes are Fun

Bikes are Freedom

Bikes are an Environmental Imperative

Critical Mass--Just a bike ride!?

East Bay (Berkeley) Critical Mass turned four years old March of this year, 1997. The ride meets the second Friday of each month at the downtown Berkeley BART, gathering at 5:30 PM to leave when critical mass is achieved. Sadly, the local police have been present in large numbers for much of our history, and have been hostile. Motorists are also sometimes hostile. The combination is a recipe for disaster,the exact opposite of what Critical Mass is so much about: taking back the streets for a safe and fun ride. That's why we developed this pamphlet. Please distribute as much as you wish.

Why protect the East Bay Critical Mass?
Surely you've heard these objections:

Isn't it just a bunch of angry leftists?

East Bay Critical Mass has a rich and diverse history, and it is open to everyone. While the driving force of Critical Mass is that it is fun, bicyclist's issues are so unrealized, the state of global environmental policies is so bad, and the censorship of ideas so large, that the protest aspect of Critical Mass is always there to some degree.

Too confrontational?

Hundreds of bikes rolling down the street in a pack is an unusual event in this part of the world, but it doesn't have to be threatening. Riders can do a lot to keep the ride safe and have a positive impact on motorists by A) sticking together and not letting cars in, B) Trying to be friendly and soothe irate motorists, never escalating their confrontations, and C) Try to distribute literature to interested observers so they understand what on earth they've just witnessed.

It's just hedonistic?

What's so bad about having fun? In the process of getting together for our fun ride, we get a chance to meet and share ideas with other cyclists. In the cold and isolated streets of the auto culture, that's a valuable accomplishment.

Also, if we project an image of bicycling as fun, we're much more likely to inspire others to join us--and that could mean one fewer cars.

Doesn't it just give bikes a bad name and not accomplish anything positive?

Projecting a positive image is the responsibility of all the riders. No matter how Critical Mass comports itself, however, we break the silence to a population that often never gets a chance to contemplate these important issues of how we all live. Our very presence is a strong lobbying force--historically, street demonstrations are a crucial aspect of societal change. The Green Party of San Francisco declared that major accomplishments in that city would have been impossible without the Critical Mass. The San Francisco Bike Coalition had about 14 members when Critical Mass was born. It is of interest to note that just five years later they boast over 1,000 members! We demonstrate a constituency that can no longer be ignored. The effects of Critical Mass go much deeper than just the image motorists see.

That Freeway ride was a really bad idea.

On July 9th, 1993, approximately 100 cyclists spontaneously entered I-80 and travelled two exits before getting off. They secretly were surrounded by police on the University overpass and were arrested without warning, their bikes taken illegally without property receipts. While most riders viewed this as jubilant and ridiculous, some riders were targeted as organizers and suffered a lot more. There was a political context for the ride: Caltrans was proceeding with the illegal widening of I-80 in blatant violation of two environmental laws. Brilliantly, resiliently, Critical Mass has survived that long-ago incident and is no longer prone to such activities. Bike protests of that sort should be scheduled as different events.

Don't you guys just like to bait the cops?

Cops and cars are easily linked symbols of oppression, but it's in no one's interest (at Critical Mass) to simply cause incidents that ask for the police to interfere with our important and fun event. We must take responsibility to communicate this fact to riders who are overly jubilant or confrontational--typically a response of young males who've lived under the oppression of the automobile for years and have never felt such liberational glee before.

Therefore, for the survival and best effect of Critical Mass, we present:

Your Bike Rights Survival Package:

A proposed program of action, drafted by twenty of us:

1) Mellow riding, friendly to motorists, education rich

-- No perpetual u-turns at major intersections
-- Stop lone riders from confrontations with cars (before the cops do)
-- Focus on safety and no ugly incidents occurring
-- Make signs and illustrious flags, and hand out flyers to observers

2) Riders take voluntary initiative to keep the ride positive and growing

-- Make strip flyers to place on bikes
-- Mark your calendar, invite your friends, prioritize our ride
-- Keep phone lists and call folks to remind them of the ride
-- Usually there's a free spaghetti dinner with open discussion and a bike video or speaker at the Long Haul after the ride, 3124 Shattuck Avenue.

3) Train in your copwatching techniques

-- Know the principles of copwatching
-- Know your rights as a cyclist
-- Know our history
-- Stick together

4) Do not tolerate any police abuses at Critical Mass

-- Notify media immediately in the event of a major abuse
-- File complaints to the Police Review Commission
-- Notify the press, city council, and anyone concerned

Basic Group Safety:

  • The ride needs to stay together--a bike block--lest any automobile wedge itself into the ride, which is very dangerous. This means that the police and local government need to recognize Critical Mass as a "supervehicle" whose closest analogy is a train. There should be no need for special permits to be a large bike ride.

  • In San Francisco, they developed a system of corking in which some riders stay in intersections with signs saying thanks for waiting as the ride passes through.

  • If the police are being unreasonable, do not get off major roads even if it means stopping in front of police. Small roads are the places for police actions such as mass arrests.

  • There's always the option of splitting into many small groups of cyclists and biking legally all around downtown if an oppressive regime illegally bars Critical Mass rides.

  • Notify media immediately if something big happens. Perhaps the best way to do this is to call Free Radio Berkeley, (510) 665-1978, and ask them to announce the emergency and ask listeners to call all media. Bicyclists will be too busy to deal with that. On the Freeway ride, police apparently kept the television news from hearing that there was a mass arrest--it's up to us to get the story out.

Friendly organizations:

The Bicycle-Friendly Berkeley Coalition is all-around friendly. (510) 704-5599.
Bicycle Liberation Radio (104.1 FM, Fridays 9-Midnight) is zany and informative.
The BAATT Cave Bicycle Library: free use of bike tools, (510) 595-1803.
To touch bases after the ride: (510) 273-9288 has been offered by a rider.

Picture of Officer Bachman, BPD #12, trying to save face while victim, who was pulled backwards off his bike and hit his tailbone, lies in pain. The cyclist in the background--who is smiling!--is standing where the original wall of violent police came from--he is therefore presumed an under-cover officer.

Copwatching:

Berkeley has had such troubles with police at demonstrations and in everyday life that a major community organization, CopWatch , was formed. CopWatch conducts training courses with role playing and a lot of good information. Contact them at (510) 548-0425, or 2022 Blake Street in Berkeley, CA, 94704.

Knowing your rights can turn a bad situation into a good one. Do everyone a favor and empower yourself with this knowledge.

Basic Principles of Copwatching:

1) Be calm and matter of fact.

  • Do not engage the police, just observe

  • Record all information you can, especially police names and badge numbers--INSIST ON THIS UNTIL THEY GIVE IT TO YOU--they must supply you with this information. Don't forget to write down the basics: time, date, and location.

  • You are allowed to observe the police from a "safe distance". Don't let them force you away from the scene. Remember, if they have to arrest you because you were too close, you were obviously not more than they could handle.

  • Write down everything you can remember immediately after the fact, before you forget anything.

  • Verbally assert your rights firmly whenever you are challenged. Do not fight back if the police push you, just maintain your balance.

  • Take down witness names and give everyone a central contact number to get in touch with the information and how the case is going.

  • Use whatever recording methods available--tape, video, etc. Some states have restrictions on recording police but in California the police have no reasonable expectation of privacy while on the job. Record them all you want.

2) Don't let the police's tricks intimidate you.

3) Be careful for the victim who you are watching out for.

  • They probably don't want you to aggravate the cops

  • If you're videotaping, and you capture someone committing a crime, your videotape can be subpoenaed against them.

  • Don't take the bait and get into an argument. It's almost always to your disadvantage and to the victim's disadvantage. Everything can and will be used against you or the victim in court, in ways you may never have imagined (including blatant falsification). Speaking can diffuse a situation, however--be careful.

Your Rights as a Cyclist:

  • Much of California Law is available on the internet (at http://www.leginfo.ca.gov/calaw.html).
    At that site, you can take any of the laws below and get the exact wording by clicking on "Vehicle Code" on the menu and then typing in the number of the code you want to know more about, and then clicking on the "Search" button.
  • The California Vehicle Code is available from the DMV (boo) for just $3.00. (At Claremont DMV, save yourself time by going to window 3).
  • The Berkeley Municipal Code is available at the public library (and from the city).
  • See the last section of this paper for a summary of bike laws and ticket-fighting strategies.

As an individual, there are other rights that can help empower you as well.

Filing a complaint at the Police Review Commission:

After the third birthday ride of the East Bay Critical Mass on March 8th, 1996, cyclists decided that enough was enough. Officers had caused a major commotion, violently arresting someone for riding to the left in a passing zone on a quiet street. As of the April 1996 ride, officers have been informed that complaints will now be filed by cyclists (for several years, we've tolerated their abusiveness to avoid the paperwork and to deal with them individually). Their actions have become absolutely intolerable and their presence in such numbers (upwards of twenty with a paddy-wagon) absolutely unjustified. Estimates of the cost to the city for police overtime (upwards from $35.00 an hour) and court costs are at least several hundred thousand dollars to date.

Cyclists held an Ahzstoric meeting and have organized to call a public hearing at the Police Review Commission regarding police misconduct at the Critical Mass. The PRC will hopefully draft a proposal to improve things and send it to the City Council based on their findings.

What is it?

    The PRC is an allegedly third-party organization that reviews citizen complaints of police misconduct. Any case becomes a public record. You can go review complaints against officers and learn all the horrible things they've done.

Why to file:

How to file:

What happens:

Once again, don't expect any miracles, but it's a good idea to file.

How to get out of a ticket:

 Many tickets given to cyclists in Berkeley are false. Reading the law is a very good way to determine if you're innocent. There's a summary below of what a cyclist-positive interpretation of the can be. There's also a link to get the word-for-word laws.

Don't be afraid to go to trial over a ticket, and appeal if the judge is fails to recognize your innocence.

For Bridge Bikers, there are some special considerations.

Some major portions of bike law summarized:

  • Much of California Law is available on the internet (at http://www.leginfo.ca.gov/calaw.html).
    At that site, you can take any of the laws below and get the exact wording by clicking on "Vehicle Code" on the menu and then typing in the number of the code you want to know more about, and then clicking on the "Search" button. Note that some laws regarding your case or bike access may be in other sections.

    Warning: This is a summary and there could be errors. The actual letter of the law may have important information that is not provided here.

    ALSO WARNING: THIS SITE WAS NOT UPDATED FOR A LONG TIME! CHANGES TAKING PLACE AS OF NOVEMBER 13, 2002


    §231 Bicycles are traffic!
    §670 Vehicle defined: Surprise! You aren't a vehicle; excepting device moved exclusively by human power.
    §21200 a) You have to follow a bunch of (but not all of!!!) the normal vehicle laws if applicable; b) Cops can only break those laws for emergency calls, rescue operations, and immediate pursuit of an actual or suspected violator of the law. Therefore most of the shennanigans they do at CM are illegal. In any case, the officers must operate with due regard to safety of all persons using the highway.
    §21200.5 Don't bike while on drugs or alcohol. You can request a blood/breath test if cited for this. The cops aren't allowed to use drugs or alcohol while biking either (§21200b.1.a).
    §21201 Equipment Requirements: a) whatever your brakes, they must be able to make you skid on at least one wheel; b) handlebars so that hands are below shoulders; c) not too big, must be able to put foot down; d) to operate in darkness, need a white light (or combination of lamps) visible from 300 ft. and to the sides, and a bunch of reflectors: front (white or yellow), rear (red), pedals (white or yellow) visible to front and rear, and on sides towards front (white or yellow) and rear (white or red) of bike unless you have reflectorized tires.

    §21202 Operation on Roadway or, How to Take a Whole Lane Legally: a) If you're going less than normal traffic speed of traffic on the road at the time (we'll assume "normal speed" is the average speed, so if there are 100 bikes and two cars, the normal traffic speed at the time is BIKE SPEED), you must ride as close as practicable (away from opening doors of course) to the right of the road UNLESS: 1) passing; 2) left turn; 3) to avoid hazards including a substandard width lane (no space to share with a car safely); 4) when preparing to make a right turn in a right turn lane; b) can ride to left on one-way roads with 2+ traffic lanes. If C/M is a bunch of people passing or if we're going the normal speed of traffic, it's legal to take the whole road.
    §21203 Hitching rides--you can't grab onto a streetcar or vehicle on the roadway.
    §21204 No passengers unless they have their own seat. If four years old or under, or weight under 40 lbs., passenger must have special seat.
    §21205 When carrying stuff, must be able to have one hand on handlebars.
    §21208 Bike lane confinement: if slower than normal speed of traffic, must remain in bike lane unless: passing, making left turn, hazard, and must make signal to leave in the event that any vehicle may be affected by the movement.
    §21212 Youth helmet law: Under 18, you need a suitable helmet. Your first charge gets dismissed in court if you swear under oath that it's your first offense. Parent/guardian (if unemancipated) jointly and severably liable. This requirement also holds for people in restraining seats or in a trailer towed by the bicycle.
    §21650.1 Ride in the same direction as vehicles are required to.
    §21712 Unlawful riding and towing: Motor vehicles have restrictions on passengers in cargo space. Looks like bike carts are okay.
    §21960 Freeways a) Dept. of Trans. and local authorities may prohibit or restrict access to freeways. b) This is effective only with appropriate signs at entrances and along the freeway.
    §22110 Signals: this is for vehicles. Apparently only when changing from the bike lane to the vehicle lane do you ever have to signal (§21208). Don't ask me how you can signal to stop and turn right simultaneously, but it looks like the funky chicken dance.
    §22400 MINIMUM SPEED LAW. Citizen Corker! This law has been used falsely against Berkeley Critical Mass at least twice, to target corkers. But cyclists who block intersections for safety as the ride passes through are innocent under this law, which has a safety clause. You can stop or slow in front of other vehicles if it's "necessary for safe operation or in compliance with law". You can slow if it's "because of a grade" (hill).
    §23330 Toll crossings are no-no's unless a sign says it's okay. (But, a sign has to tell you that it's a toll crossing (§23300). Since pedestrians are supposed to walk in the opposite direction of traffic flow when on a roadway(§21956), and pedestrians are traffic so must be notified by sign too, peds can often enter the freeway in the reverse direction of traffic flow, even on otherwise restricted bridges, if no signage exists there.
    §27001 HORNS Someone using a horn except "when reasonably necessary to ensure safe operation" is violating the law. Using a horn can cause accidents and hurt the unprotected cyclist's ears, as well. Honking can be considered assault--especially when it indicates an intent to harm you.
    §27400. Wearing Headsets or Earplugs. You are in big trouble if you cover both ears, but one is ok. This applies everywhere the CVC can apply to, not just out on the road. Someone is doing a documentary on all the cyclists in Berkeley who have received tickets for this law. Meanwhile, car phones have been shown to have caused a significant increase in pedestrian and bicyclist fatality through automobilist negligence. (Note that if you can prop headphones just off your ear, or so one isn't covered, you're fine--tell the officer this when you're pulled over). NOTE: you *can* wear safety earplugs if they don't "inhibit the wearer's ability to hear a siren or horn from an emergency vehicle or a horn from another motor vehicle"--something to find for those bay bridge rides :). §27315 Seat belts are for motor vehicles, not for bicycles.
    §39000 Definition of a bicycle (just for this section on registration of bikes): any human-powered vehicle driven by belts, gears, or chains, with 2 or 3 wheels (unicycles are exempt!?), one of which is at least 20 in diameter, or a frame size larger than 14, or having four or more wheels. Strange, huh? This means you could turn a car into a bicycle. Just be sure to get the junk receipt so it's no longer a motor vehicle.
    §39001 License and registration. a) counties and cities must adopt a resolution in order to issue registration. Bikes must have a serial number unique to manufacturer in order to be registered.
    §39002 License requirement: a) Any city or county can make an ordinance requiring that to operate the bike, it must be licensed. b) Unlicensed bikes may than be further regulated. c) You can't mess with the license (mutilation, etc.).
    §39004 a) License and registration can't cost more than $3. Transfer certificate can't cost more than $1. Replacement of certificate, $1. Renewal, $1.
    §39005 Records: Cities and counties must maintain records of bikes registered during period of validity or until notified that bike is no longer to be operated (!). Good luck getting any information back, though.
    §39008 Recordation of Transfer: if selling or disposing, be sure to fill out the transfer inside ten days. If purchasing, apply for transfer inside ten days.
    §39011 No fine for license shall exceed ten dollars.
    Wahoo! Thanks to the California Bicycle Coalition and other advocates for changing this law! Note that the police still sometimes steal bicycles under this pretense even though it is no longer legal §39012 The licensing agency shall have the right to impound and retain possession of any bicycle in violation of this division, and may retain possession until compliance. A fine may also be imposed. This is the sucky trick the officers of the UCPD like to use selectively against activists, blacks, and punkers.
    §40303.5 Unless you're a persistently neglecting or some such, if arrested for §21201 (bicycle equipment), you must be allowed to execute a notice promising to correct the violation. Not sure if that's on the spot, and if so, you may have to request this of the arresting officer.

    Berkeley Municipal Code

    Berkeley Traffic Ordinance No. 3262 N.S. Note, this stuff was all input by hand! But the BMC is now finally online via http://ci.berkeley.ca.us/ . Note also that much of the BMC is bogus, illegal, unenforceable, or just plain outrageous -- like the part about making all bicycle violations misdemeanors! $211 fine, jury trial, and up to a year in jail for locking to a parking meter? Riding on the sidewalk? Gee if only cars were considered a public health issue... The funny thing is I didn't have this listed here when it was first typed up...and back then these were being treated as infractions, $19 fine...the law claims to have been passed in 1972, but perhaps someone doctored the books?

    §1.2 Bicycle: A light vehicle without a motor, having two wheels, handle bars and a seat or seats, and propelled by the operator.
    §1.15 Pedestrian: Any person afoot.
    §1.16 Police officer: Every officer of the PD of the city of Berkeley or any officer authorized to direct or regulate traffic or make arrests for violations of traffic regulations.
    §1.19 Traffic: Pedestrians, ridden or herded animals, vehicles, trains and other conveyances either singly or together while using any street for purposes of travel.
    §1.3 Coach. Any motor bus, motor coach, trackless trolley, or passenger stage used as a common carrier of passengers. (gee what'd they think if they knew about THE COUCH rather than the COACH? :)
    §1.7 GRADE SEPARATION. [Woah, evil anti-ped/bike/animal loophole!] Every structure by means of which any street passes over or under any stationary tracks or another street. [See 7. below].
    §2.2 OBEDIENCE TO POLICE OR AUTHORIZED OFFICERS. It shall be unlawful for any person to refuse or fail to comply with or to perform any act forbidden by any lawful order, signal, or direction of a traffic or police officer, of a member of the Fire Department, or a person authorized by the Chief of Police or by law.
    §2.6 AUTHORITY OF THE POLICE IN CROWDS. At places where large numbers of people and vehicles are to gather or have gathered, nothing in this ordinance shall be construed to prevent any police officer...from prohibiting any pedestrian from using any street or sidewalk... [YOU'RE STILL FREE TO TRAVEL IN A GROUP].

    §6. DRIVING THROUGH FUNERAL PROCESSIONS. It shall be unlawful for the operator of any vehicle to drive between the vehicles comprising a funeral procession or parade, provided that such vehicles are conspicuously so designated. The direction of all vehicles and traffic on any street over which such funeral procession or parade wishes to pass shall be entirely subject to the order of the Police Department.

    We had a funeral ride for Lexis the cat in the summer of 1995.
    §6.7 OBEDIENCE TO BARRIERS AND SIGNS.
    §6.13 It shall be unlawful for any person to ride, push, or wheel a bicycle on the Solano Avenue roadway between Del Norte Street and Contra Costa Avenue. [But note that the cars during rush hour are left way behind so taking a lane doesn't effectively block traffic, but not taking a lane excludes you, the cyclist.

    §7. [Unlawful for any ped to be in or upon any grade separation, except...pedestrian walks specifically designated...except...Police Dept. when engaged in law enforcement or traffic regulation.]
    §7.1 It shall be unlawful for any person to ride a bicycle upon any grade separation [!!!!!!!! so, what is a street and what is an animal?]

    Article VIII -- Pedestrian Regulations

    §8.1 It shall be unlawful for any pedestrian to cross a roadway in any business district other than by a crosswalk. Note that crosswalks don't have to be drawn on the street in California.
    §8.2 It is unlawful for any pedestrian to cross a roadway at any place other than by a route at right angles to the curb or by the shortest route tothe (sic) opposite curb except in a marked crosswalk.
    §8.3 It shall be unlawful for any person to stand in any roadway other than in a safety zone or in a crosswalk if such action interferes with the lawful movement of traffic and it shall be unlawful for any person to use any safety zone or divisional island for any purpose other than that necessary to provide temporary safety from moving vehicular traffic. This section shall not apply to an public officer or employee or employee of a public utility when necessarily upon a street or divisional island in line of duty.
    §8.4 Pedestrians to Obey Special Pedestrian Traffic Signals.

    Article XVII -- PENALTIES

    §17 Infractions unless otherwise stated in State law, but misdemeanors: 2.2 OBEDIENCE TO POLICE OR AUTHORIZED OFFICER; 2.2(a) OBSTRUCTION OR INTERFERENCE WITH POLICE OR AUTHORIZED OFFICER; 2.6 AUTHORITY OF POLICE IN CROWDS.

    Scenic routes are: Ashby, University, Shattuck north up through Arlington, ...

    Berkeley Municipal Code

    §14.04.160 STUNT RIDING [Perform or attempt to perform any acrobatic, fancy or stunt riding upon any public place, other than a street or highway, in the city--ut oh, lookout Pinkman! (Fortunately, Pink Man is a unicyclist, which basically means he's a pedestrian under the CVC)]. Be very aware that the police have used this to harass people who were "trick riding" on the public roadways, but that is not prohibited under this ordinance.
    §14.04.140 No person shall ride or operate...upon any playground, park, or school ground where children are playing, without the permission of the person having supervision of said playground, park, or school ground.
    §14.04.130 No Person shall ride or operate a bicycle on any sidewalk in the city except juveniles [not in front of schools, stores, or buildings used for business purposes], B. Single file. C. Pigz who determine in `good faith' that riding or operating a bicycle on the sidewalk is necessary to perform official duties. You will note that this doesn't mean they can violate state law, CVC §21200(b), above. Yet they do it routinely and hypocritically, endangering and sometimes striking pedestrians on the sidewalks as they flout the law even as they are routinely taking Berkeleyans to jail as a result of sidewalk riding stops.]

    Title I - General Provisions,
    Chapter 1.22, Human Rights Policy:

    §1.22.010 PROMOTION OF HUMAN RIGHTS POLICY. [This law explicitly provides for the rights of all people, and bicyclists are no exception. Police and judges/commissioners therefore violate this policy when they do not uphold equal rights and equal access for cyclists.]

    And never forget, stop signs should be yield signs, for cyclists!

    This list compiled by Jason Meggs, jmeggs@bclu.orgt and is designed for internet or physical distribution. You can send mail to Jason Meggs, Bicycle Civil Liberties Union, P.O. Box 15071, Berkeley, CA 94701-6071, Home/Facsimile: (510) 486-1528.

    Current web location: http://guest.xinet.com/bike/bike_rights_flyer.html.

    The BCLU web pages are located at http://www.bclu.org/