Bicycle Law(s)?

[JoeyMac323]

Does a bicyclist ? while on the sidewalk ? have to travel the same direction as traffic? What about when reaching a crosswalk at an intersection? If it is a violation, what section would it fall under?

PS: What are some VC violations for stopping bicyclists?

Thanks!
:biggrin:

[SweetTaterPie]

Does a bicyclist ? while on the sidewalk ? have to travel the same direction as traffic? What about when reaching a crosswalk at an intersection? If it is a violation, what section would it fall under?

PS: What are some VC violations for stopping bicyclists?

Thanks!
:biggrin:

Joey:
Visit your local Dept. of Motor Vehicles for a copy of the California Vehicle Code. If you have a Chippie friend, hit him/her up for a possible used copy. Begin reading around Section 21200 and you'll find many of the laws that pertain to bicycle operation on highways/roadways. I am not aware of a single statute that mandates a direction for operation of a bicycle on a sidewalk. There are prohibitions against leaving a bicycle lying on a sidewalk, or parked on a sidewalk, so that pedestrian traffic is impeded by it. Also, a bicyclist must travel the same direction as motor vehicle traffic, while on a highway, and must abide by the same rules of the road. Bicycle lanes must be used when present. Lots more on the subject for you to read in the book mentioned above. Good luck!

[Tom]

Or you can do a search here - http://www.leginfo.ca.gov/calaw.html

[dw]

If I'm not mistaken, JoeyMac earlier said he was a reserve officer and may be looking for some input on traffic.

Many municipalities have ordinances relating to bicycle operation on sidewalks -- many flat out ban it.

[JoeyMac323]

If I'm not mistaken, JoeyMac earlier said he was a reserve officer and may be looking for some input on traffic.

Many municipalities have ordinances relating to bicycle operation on sidewalks -- many flat out ban it.

Exactly - we naturally do not have as much training in respect to the VC. That is the main reason why I joined this forum: to learn from the experts! :smile:

If I remember correctly, we do in fact have ordinances prohibiting bicycle operation in certain parts of the town (that may just be skate boards however).

Or you can do a search here - http://www.leginfo.ca.gov/calaw.html

Thanks. I use this site all the time - it is a great tool.



Joey:
Visit your local Dept. of Motor Vehicles for a copy of the California Vehicle Code. If you have a Chippie friend, hit him/her up for a possible used copy. Begin reading around Section 21200 and you'll find many of the laws that pertain to bicycle operation on highways/roadways. I am not aware of a single statute that mandates a direction for operation of a bicycle on a sidewalk. There are prohibitions against leaving a bicycle lying on a sidewalk, or parked on a sidewalk, so that pedestrian traffic is impeded by it. Also, a bicyclist must travel the same direction as motor vehicle traffic, while on a highway, and must abide by the same rules of the road. Bicycle lanes must be used when present. Lots more on the subject for you to read in the book mentioned above. Good luck!

Thanks for the input.

In reference to a bicyclist having to travel in the same direction on a highway as motor vehicle traffic ... Since VC 360 defines a "highway" to include the sidewalk I would infer the bicyclist must operate the bicycle in the same direction as motor vehicle traffic would. Do you agree?

[Mac]

In reference to a bicyclist having to travel in the same direction on a highway as motor vehicle traffic ... Since VC 360 defines a "highway" to include the sidewalk I would infer the bicyclist must operate the bicycle in the same direction as motor vehicle traffic would. Do you agree?
Joey - check out 21202 VC. It says that if you're operating a bicycle upon a roadway at a speed less than the normal speed of traffic, you're required to ride as near the right-hand edge of the roadway as practicable. Section 530 defines "roadway" as that portion of the highway primarily improved, designed or ordinarily used for vehicular travel. Section 555 specifically exempts a sidewalk from the definition of "roadway", and there's no VC section which specifically addresses whether or not you may ride a bicycle upon a sidewalk. A bicycle does not fall within the definition of a "vehicle" under 670 VC because it is propelled exclusively by human power; however, 21200 VC says that bicycles are subject to all laws in Division 10 except those laws which, by their very nature, have no application.

Therefore: there's no specific section prohibiting a bicycle from being operated on a sidewalk. If it is operated within the "roadway", it's required to ride as near the right-hand edge as possible (21202 VC), and must be operated in the same direction as traffic (21650.1 VC); however, 21650.1 specifically addresses "roadway" (back to 530 VC) or the shoulder of a highway....it says nothing about sidewalks.

Clear as mud?

[JoeyMac323]

Clear as mud?

Yup! Thanks for the detailed report.

[Mac]

I guess the bottom line is that you'll have to dig for a city/town ordinance if you want to take action against bicycles riding on sidewalks. The VC isn't much help there.

[dw]

By the way, when searching the VC, I prefer to use the .pdf version ( http://www.dmv.ca.gov/pubs/vctop/vcpdf/vehcode.pdf ), as the search is much more friendly in Acrobat.

[JoeyMac323]

By the way, when searching the VC, I prefer to use the .pdf version ( http://www.dmv.ca.gov/pubs/vctop/vcpdf/vehcode.pdf ), as the search is much more friendly in Acrobat.

Solid find, I appreciate it.

[2100VC]

Ok I'm going to see if I can make this even more confusing.

First off, there is a law which prevents the operation of bicycles (as well as motor vehicles) on the sidewalk.

21663. Except as expressly permitted pursuant to this code,
including Sections 21100.4 and 21114.5, no person shall operate or
move a motor vehicle upon a sidewalk except as may be necessary to
enter or leave adjacent property

The term motor vehicle includes bicycle because:

21200. (a) Every person riding a bicycle upon a highway has all the
rights and is subject to all the provisions applicable to the driver
of a vehicle by this division, including, but not limited to,
provisions concerning driving under the influence of alcoholic
beverages or drugs, and by Division 10 (commencing with Section
20000), Section 27400, Division 16.7 (commencing with Section 39000),
Division 17 (commencing with Section 40000.1), and Division 18
(commencing with Section 42000), except those provisions which by
their very nature can have no application.

"This division" means Division 11 aka Rules of the Road.

Second, 21206 states:

This chapter does not prevent local authorities, by
ordinance, from regulating the registration of bicycles and the
parking and operation of bicycles on pedestrian or bicycle
facilities, provided such regulation is not in conflict with the
provisions of this code.

The question is....is a sidewalk a "pedestrian facility" and if so, wouldn't an ordinance be in conflict with the code?

Just a thought!

2100vc
;)

[chp36]

[quote=2100VC]
The term motor vehicle includes bicycle because:


Motor Vehicle Defined: 415(a) V.C.--A "motor vehicle" is a vehicle that is self propelled.

Bicycle Defined: 231 V.C.--A bicycle is a device upon which any person may ride, propelled exclusively by human power through a belt, chain, or gears, and having one or more wheels.

Clearly by definition, a bicycle is not a motor vehicle. :confused:

[2100VC]

See.... I guess I did create confusion.

As I said earlier, 21200 makes bicycles follow the same rules of the road as vehicles. I understand that a bicycle is not a motor vehicle or even a vehicle for that matter but they are considered one for the purpose of following rules of the road.

Example:

22450. (a) The driver of any vehicle approaching a stop sign at the
entrance to, or within, an intersection, or railroad grade crossing
shall stop at a limit line, if marked, otherwise before entering the
crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at
the entrance to the intersecting roadway or railroad grade crossing.

It says vehicle...but wait a bicycle isn't a vehicle....so does that mean that they don't have to stop at stop signs? You betcha they do. If a bicyclist fails to stop at a stop sign, speed, fail to yield right of way to a ped or run a red light, they get a cite for the exact same violation as the driver of a vehicle would get. There does not have to be a separate law for bicycles and stop signs.

Therefore, 21663 does apply and bicycles may only operate on the sidewalk to enter or exit property (i.e. driveways). Because of Section 21200, 21663 reads like this when it comes to bike enforcement.:

21663. Except as expressly permitted pursuant to this code,
including Sections 21100.4 and 21114.5, no person shall operate or
move a bicycle upon a sidewalk except as may be necessary to
enter or leave adjacent property

2100vc :shock:

FYI

670. A "vehicle" is a device by which any person or property may be
propelled, moved, or drawn upon a highway, excepting a device moved
exclusively by human power or used exclusively upon stationary rails
or tracks.

[JoeyMac323]

See.... I guess I did create confusion.

As I said earlier, 21200 makes bicycles follow the same rules of the road as vehicles. I understand that a bicycle is not a motor vehicle or even a vehicle for that matter but they are considered one for the purpose of following rules of the road.

Example:

22450. (a) The driver of any vehicle approaching a stop sign at the
entrance to, or within, an intersection, or railroad grade crossing
shall stop at a limit line, if marked, otherwise before entering the
crosswalk on the near side of the intersection.
If there is no limit line or crosswalk, the driver shall stop at
the entrance to the intersecting roadway or railroad grade crossing.

It says vehicle...but wait a bicycle isn't a vehicle....so does that mean that they don't have to stop at stop signs? You betcha they do. If a bicyclist fails to stop at a stop sign, speed, fail to yield right of way to a ped or run a red light, they get a cite for the exact same violation as the driver of a vehicle would get. There does not have to be a separate law for bicycles and stop signs.

Therefore, 21663 does apply and bicycles may only operate on the sidewalk to enter or exit property (i.e. driveways). Because of Section 21200, 21663 reads like this when it comes to bike enforcement.:

21663. Except as expressly permitted pursuant to this code,
including Sections 21100.4 and 21114.5, no person shall operate or
move a bicycle upon a sidewalk except as may be necessary to
enter or leave adjacent property

2100vc :shock:

FYI

670. A "vehicle" is a device by which any person or property may be
propelled, moved, or drawn upon a highway, excepting a device moved
exclusively by human power or used exclusively upon stationary rails
or tracks.


Anyone ever use this as PC to stop a bicycle?

[Slim]

Who cares, just make it a consentual encounter and hook'em for 11550.

[JoeyMac323]

Who cares, just make it a consentual encounter and hook'em for 11550.

Good enough for me.

[MotorInLA]

Interesting? we actually had a discussion about this particular topic in our traffic section recently, as it pertained to a TC we had involving a bicycle riding on the sidewalk. I would have to agree with chp36 that a bicycle is not governed by sections that pertain specifically to a motor vehicle (i.e. VC 21663), as a motor vehicle is a lesser and included part of ?vehicles?.

However, if you read the language of VC 21650 closely, it specifies ?Upon all highways (which by definition includes the sidewalks), a vehicle shall be driven upon the right half of the roadway?? As bicycles are bound by the rules that apply to vehicles, a bicycle being operated on the ?highway? shall be driven upon the right half of the roadway (not upon the right half of the highway). This section therefore indirectly states that bicycles are not to be operated on the sidewalk.

My 2 cents?