Crush of Trucks Blocking Bike Lanes Draws Chief of Police to Declare it Legal

Chief of Police Rules OK to Block Bike Lanes in Emeryville

Illegal to Block Lanes in Neighboring Cities

City Hall Scrambles to Protect Bikers, Thwart Chief's Ruling

Officials at Emeryville City Hall have been pushed into a tailspin by recent incendiary comments from the chief of police that claim people are allowed to block bike lanes with parked vehicles for up to 72 hours without fear of receiving a ticket from the police department. The comments came in a November 29th email from Chief Jeffery Jennings after a cascade of citizen complaints about trucks blocking our bike lanes and have pushed the city staff and the Council to search for new ways to keep the city’s bike lanes clear, the Tattler has learned.  Mr Jennings cites the California Vehicle Code as his authoritative source that it is “perfectly legal” for vehicles to block bike lanes, interestingly, the same source that neighboring cities use to declare the practice illegal.

Emeryville Chief of Police Jeffery Jennings
His unique reading of the California Vehicle Code
puts him at odds with chiefs of police in Berkeley,
Oakland, San Francisco and Hayward.

The City of Emeryville is scrambling, responding to the distressing pronouncement from Chief Jennings by exploring extra levels of protection for bicyclists such as painting all curbs in bike lanes red and/or adding ‘no parking’ signs alongside every bike lane.  Mr Jennings expressed to the Tattler that such actions would be enough for him to start directing his officers to ticket vehicles in those bike lanes.  

Attorneys contacted by the Tattler expressed surprise at Chief Jennings’ take on the vehicle code that has the added effect of voiding Emeryville’s new parking meter program by offering a plethora of free parking on any bike lane.  One attorney stated the snippets quoted from the California Vehicle Code by Mr Jennings seem to be cherry picked in such a way as to make vehicles blocking bike lanes legal.  

The November 29th statement legalizing bike lane blocking in Emeryville by Chief Jennings, cites CA Vehicle Code Div 11 Chapter 1 Article 4 Section 2121 which states:  No person may stop, stand, sit, or loiter upon any class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, or any other public or private bicycle path or trail, if the stopping, standing, sitting, or loitering impedes or blocks the normal and reasonable movement of any bicyclist.

The above language would protect bike lanes but Chief Jennings focuses on the Streets and Highways Code to make his determination that it is OK for vehicles to block the lanes, a move former Emeryville City Council member and practicing attorney John Fricke took issue with.  In a letter to the Tattler responding to the Chief, Mr Fricke was adamant, “The police chief's reliance on S&H Code section 890.4 is severely undermined by the fact that the S&H Code in general is not where vehicle prohibitions are placed.  For that, one must look to the Vehicle Code.  In addition, section 890.4 is part of a larger act that has as its main purpose the promotion of bicycle travel: the California Bicycle Transportation Act.  How ironic that the police chief cites this act as proof that trucks can block a bike lane.”, Mr Fricke wrote. 

Additionally, Mr Fricke notes “Subsection (b) is the general rule, no parking in the bike lane ("upon any bikeway" includes a Class II bikeway as defined in Streets and Highways Code section 890.4, which is the section  the police chief cites as evidence of a right to park in a bike lane).” 

The City of Emeryville’s Municipal Code also protects bike travel in town by making it illegal to block a bike lane.  Code 4-9.21 states “It shall be unlawful for the operator of any train, truck, or other vehicle to stop or park in such manner as to block or impede the flow of traffic”.  However Chief Jennings says the Emeryville Municipal Code is subordinate to the greater authority of the California Vehicle Code and so bicycle traffic may be impeded.

The Tattler contacted the police departments in Berkeley, Oakland, San Francisco and Hayward and all reported it is illegal for vehicles to block bike lanes in their respective cities.  Berkeley PD Officer Vaughn (#826) uses the same CA Vehicle Code Div 11 Chapter 1 Article 4 Section 2121 Chief Jennings does but he said, "We cite [vehicles] for that every day”.

The only vehicles allowed to block bike lanes according the the California Vehicle code are specifically utility trucks, newspaper delivery trucks, garbage trucks and tow trucks, and all while actively working only.

Bike safety studies have shown crossing over the solid white line of a bike lane, swerving out into a vehicle lane to avoid a vehicle blocking is the most dangerous legal move a bicyclist can make.  Emeryville, it would appear, will continue to be a place for this very dangerous movement made by bicyclists unless the City Council reverses Mr Jennings and his anti-bike directive.  

Chief Jennings is not some lone wolf it should be noted.  An October 29th 2020 Tattler story highlighted a recalcitrant Emeryville Police Department loath to issue citations for vehicles blocking our bike lanes, indicating this anti-bike culture predates Chief Jennings who was hired in December of that year.

For his part, Mr Jennings has downplayed the whole bike lane tumult.  Shrugging off the mounting controversy his legal-to-block-bike-lanes directive has caused, the Chief was nonchalant, ”If this is the worst problem that I have then I'm doing well” he told the Tattler.

Emeryville Police responded to calls concerning this truck with a large banner
parked on Shellmound Street, blocking the bike lane.  No tickets were written
because "It is legally parked" said one of the responding officers.

This banner could be placed on any one of the hundreds of trucks blocking our bike lanes 
every week in Emeryville.

Trucks blocking bike lanes
earns one Nora smile.

Blocking Bike Lanes: Code Should Reflect Public Safety Hazzard

Q: What Happens When Public Safety Fines Are Too Low?

A: Public Safety Goes Down

Opinion

Emeryville has a big problem.  Delivery trucks keep blocking our bike lanes, putting bikers in harm’s way as they swerve out into the adjacent traffic lanes to avoid colliding with the trucks.  It’s not a problem restricted to Emeryville of course but it’s a problem that begs for a solution nonetheless owing to the extreme danger to bicyclists when vehicles collide with them.  We suggest a modest correction to a large and unacceptable problem: increase the fines for vehicles blocking bike lanes from the existing $58 to at least $303.

As it stands right now, the Emeryville vehicle code provides for the same $58 fine for vehicles blocking a bike lane as blocking a vehicle traffic lane.  Both infractions are seen as equally egregious by our vehicle code.  But both are not equal.  Numerous studies have shown a bike swerving from a bike lane into a traffic lane as an exceptionally dangerous move….for the bicyclist.  Even at normal city vehicle speeds, the human body cannot absorb the kinetic energy of a 3000 pound vehicle's impact.  The result is extreme injury or death.  Compare that with the possible consequences of the other infraction; a vehicle rear-ending a delivery truck blocking the traffic lane.  In that case, even at normal city speeds, the bodies involved are encased in cocoons of steel with seatbelts and airbags.  The result of such collisions is vehicle damage but more importantly, little or no harm to people.

Our vehicle code should reflect this extreme difference in harm to human health and safety.  Fines for the two should not be equal.

$58 in Emeryville
Cost of doing business.

If a vehicle in Emeryville blocks an intersection wheelchair crossing, the fine is $303.  It’s bad for someone in a wheelchair when a vehicle blocks them; they have to travel as much as an extra two blocks in that case.  We in Emeryville think it’s terrible for drivers to inconvenience our neighbors in wheelchairs like that.  As a result, it’s bad for the driver….$303 bad.  But shouldn’t the possible maiming or killing of a bicyclist be considered at least as bad as inconveniencing someone?

What would the net result be of increasing the fine for a vehicle blocking a bike lane but keeping the fine the same for blocking a traffic lane?  It would mean delivery trucks will start blocking our traffic lanes instead of the bike lanes.  It will mean there will be unhappy drivers.  But with the fine rates as they are right now, there are unhappy bicyclists.  There are always losers whenever something is regulated in the public commons, it's true, but we should always strive to provide the greatest protection against the greatest threats to public safety.  

FedEx and other carriers violate parking laws routinely.  In fact, they simply write any parking tickets into their cost of doing business.  That’s well documented.  But they won’t spend extra money when they don’t have to.  Emeryville City Hall made fatal errors in not forcing developers to provide enough parking for delivery vehicles over the years when the buildings were approved.  That’s also well understood by now.  The solution though should not be at the expense of bicyclist’s bodies.  The delivery vehicles need to park in the only safe place available to them; in the middle of the street, keeping the bike lanes open. 

If the City Council moves to increase the fine for blocking bike lanes to reflect the desires of the people to have a municipal code that is interested in public safety in the foremost, we’re going to have a lot of angry (but safe) drivers around here.  And you know what?  That’s better than the existing angry bicyclists who risk their lives as they move around Emeryville.  

We understand the Council is under a lot of pressure from the business community to not implement our ten year old Bike Plan regarding bike boulevards.  They've made that clear.  But are they so craven, so indebted to businesses that they can't increase the paltry $58 fine for blocking bike lanes?  We imagine this existing public safety imperiling fee schedule has been heretofore unknown by the Council.  They know of it now.  This is an easy fix.  The next move is yours, City Council.