Clarifying the Facts: Our Response to Recent Reporting
Recently, KPBS published a story that included information about bike infrastructure along Santa Fe Drive that didn’t fully reflect the actual rules of the road. Our Advocacy & Community Manager, Ian Hembree, reached out to reporter Jake Gotta to clarify several points and request a correction. Below is Ian’s full response, which outlines the evidence supporting cyclist’s rights and explains why accurate reporting matters when discussing transportation safety.
Hope you're doing well! Thanks so much for publishing that story on Encinitas removing a protected bike lane in front of San Dieguito Academy! I do have one small edit I'd like to suggest. In the article, Mayor Bruce Ehlers describes a situation that can lead to a right hook, and he provides some advice on what drivers should do to avoid right hooks. This is great, except the advice Mayor Ehlers gives is actually in violation of California Vehicle Code. When drivers of motor vehicles merge into the bike lane in order to make a turning movement (what the mayor calls blocking the bike path) they are legally obligated to yield to bicyclists, those directly in front of them and those that are following closely behind in the bike path. The suggestion to take control of the interference zone so the bicycle stays behind them is actually illegal and dangerous. Here is one law group that has gone through the trouble to outline the right-of-way rules for bicycles in California, and the following quote is relevant for this discussion, "Similarly, right-turning drivers must yield to cyclists traveling straight in bike lanes or on the roadway shoulder."
An educational slide that explains the scenario in question (from our Bike Friendly Driver course)
Our organization frequently teaches classes for riders to understand how to safely ride a bike, and for drivers to understand the rules of the road when interacting with a bicycle. I'm sending a screenshot from that class which displays the same idea.
It is our opinion that this whole debacled has been partially driven by a misunderstanding of transportation, and the mayor's lack of knowledge of basic traffic laws demonstrates this. An edit outlining that his suggestion is illegal, and not to follow it, may be warranted. Thanks for your time. Happy to answer any questions on this.

