_edited_edited.png)
Bicycle Laws in California
Bicycle laws in California fall into three broad categories. They address where cyclists can ride a bike, how they can or must equip a bike, and restrictions on how they can ride a bike (such as wearing helmets and riding a bike after drinking alcohol). A bicyclist has the same rights and responsibilities as a motor vehicle driver, according to Vehicle Code 21200 VC. Almost all violations of California's bicycle laws are punishable by a fine.
Bike riders are generally restricted to riding on the right side of the road and within bike lanes (if present). These rules are subject to exceptions, such as when a cyclist is turning left or when dangerous road conditions make compliance impossible. Unless a specific law states otherwise, bicycles are generally prohibited from bridges and freeways.
Generally speaking, bicycle "equipment" refers to the structure of a bicycle and its components and accessories. Among the rules of bike riding are that bikes must meet certain criteria, including being small enough to be controlled safely, having regular seats and handlebars, having fully functioning brakes, and having lights and reflectors for nighttime riding.
When operating their bikes in California, bikers must also comply with several rules. Cyclists are required to wear a helmet when riding a bike, cannot wear earplugs or headphones over both ears when cycling, must yield to pedestrians who are walking in crosswalks, must stop at stop signs, and must not be under the influence of drugs or alcohol while riding a bike.
Infractions are the most common California bicycle law violations. Infractions in California's criminal court system are not crimes like misdemeanors or felonies. Infractions, however, are violations of the law punishable by a fine.
Under the law, biking under the influence is a misdemeanor offense. Fines can be as much as $250 for the crime. Biking under the influence is different from most other misdemeanors because there is no county jail time involved.
Riding a Bike Legally
Bicycle riders in California have several rules regarding where they can ride their bikes. Among the rules are those regarding biking on the road, using bike lanes and paths, as well as riding on sidewalks, freeways, and toll bridges.
Specifically, the law also sets forth rules for people who ride mopeds, motorized bicycles, and electric bikes.
Biking on the Road
A cyclist may ride on any public road or roadway if he/she moves at the same speed as traffic. The bike rider must follow all traffic and safety laws in order for this to be true.
​
If you want to ride a bicycle, you must ride on the right side of the road and in the direction of the traffic. However, there may be exceptions to this rule. If a bike rider takes the lane, they can move from the right-hand side of the road into the middle of the lane when: overtaking and passing vehicles traveling in the same direction, preparing for a left turn, or if the right-hand half of the road is closed due to hazardous conditions (or another poor road condition), construction, or repair. They can also ride on a one-way street if the sidewalk is too narrow.
Bike Lanes and Paths
Bicyclists must ride in bike lanes on roadways when they are riding slower than traffic. Bikers may drift out of the bicycle lane and onto the road if they are overtaking and passing another bicycle, vehicle, or pedestrian, preparing for a left turn, or it is necessary to leave the bicycle lane to avoid debris or other hazardous conditions, and approaching an area where right turns are permitted.
​
However, a separated bikeway is not a “bike lane.” It is technically a “separated bikeway.” In this case, cyclists are free to travel outside of the separated bikeway for any reason. When a cyclist is riding on or within a bike path or lane, he or she cannot park or stop.
Sidewalks, Freeways, And Bridges
The local ordinances control whether bicycles are allowed to ride on sidewalks. The California Department of Transportation and local authorities must authorize cyclists to ride on freeways and toll bridges.
Electric Bikes
There are certain types of bicycles that can not be used on bike paths or bikeways, unless they are authorized by local ordinances: class-3 bicycles with a top speed of 28 mph, and gas-powered bicycles.
Unless signs prohibit it, slow-speed electric bikes can typically be driven anywhere regular bicycles may be driven. Class 1 and 2 electric bikes with a maximum speed of 20 mph are considered slow-speed electric bikes.
Rules on Bike Equipment
The state of California has laws governing bicycle equipment. The laws regulate the structure of a bike (for example, its size), the components and accessories of a bike.
Structural Requirements For Bikes
According to California law, a bike needs to be small enough so that riders can safely stop, stand on it, and start it.
A bike rider's seat must be permanently attached to his or her bike.A bike rider's seat must be permanently attached to his or her bike. The only exception is for a bike that is designed by a manufacturer to be ridden without a regular seat.
Passengers weighing less than 40 pounds must ride in a seat that restrains them and keeps them from moving parts if an adult is carrying them. It is the law that handlebars must be at or below the level of the rider's shoulders.
Bike Accessories
Upon reaching a dry, level, and clean surface, a rider must be able to make a one-wheel braked stop with his or her bicycle. During nighttime bicycle rides, bicycles must come equipped with the following reflectors: red reflectors (or flashing red lights) that go on the bike's rear, white lights or yellow reflectors that go on a bike's pedals or on the cyclist's shoes and ankles, white lights or yellow reflectors on the front half of the bicycle, and red or white reflectors on the rear half of the bicycle.
Worn Accessories or Attachments
Helmets are required for all bicyclists and bike passengers under the age of 18. The attachment of a headlight to a helmet is permissible at night. If they cover both ears, cyclists may not wear earplugs or headsets. If they cover just one ear, cyclists may wear them. The law allows hearing aids to be used on both ears.
The use of handheld devices while riding a bicycle is allowed for bike riders. However, cell phone use is not encouraged since it contributes to bike accidents and collisions.
When operating their bikes with items in their hands, cyclists can do so only as long as one hand is on the handlebars. Bikers cannot attach their bikes to any car while on the road. It is illegal to hitch rides, which is what is known as "hitching rides."
Pedestrians
Bicyclists must also yield right of way to pedestrians in marked crosswalks and unmarked crosswalks.
Pedestrians who are completely or partially blind and using a guide dog also have the right-of-way when bike riders are using a white cane. VC 21200 states that bike riders are held to the same level of responsibility as motor vehicle drivers. In California, this means bike riders must stop at stop signs. Often, they fail to do so. Bicyclists can't park their bicycles on a sidewalk laying on their side, or in a way that blocks pedestrians.
Alcohol And Drug Use
A person under the influence of alcohol, drugs, or both is prohibited from riding a bicycle on a public road, path, or highway in California. In California, it is a crime for a person to be "under the influence" of drugs or alcohol if his mental or physical abilities are so impaired that he is not able to drive with the caution of a sober driver. Considering all the facts of the case helps a judge or jury determine if a person is under the influence.
Violating Bicycle Laws
Infractions are the most common bicycle law violations in California.
California's justice system does not consider infractions to be crimes. Fines can be imposed for violations of the law. If a cyclist violates any law, the fine will vary, but is usually $250.00.
It is a criminal offense to cycle while impaired, however. Specifically, the crime is a misdemeanor, punishable with a fine up to $250.00, but without time in county jail.
It is also important to note that many violations of California's cycling laws will result in a point being recorded on the California DMV driving record.
Ultimately, a person's insurance provider receives a report of the points on their record. In most cases, the person's insurance rates increase for several years as a result.
Additionally, accumulating points over time can be problematic. California's DMV can suspend or revoke a person's driving privileges if they receive four points in 12 months, six points in 24 months, or eight points in 36 months.
Legal Defense
There is no automatic guilty plea or admission of fault required for cyclists who violate a California biking law.
There is always the possibility of raising a legal defense against a traffic ticket. It would be best for an experienced attorney to help the bicyclist if this were the case.
Facts and circumstances will vary in every case. As a result, defenses will vary in each case. The two most common defenses raised by cyclists in these kinds of cases are that there was an emergency that led to the cyclist disobeying the law and that the police officer who stopped the cyclist made a mistake.
Whatever defense a biker raises, it must be backed up with credible evidence. Photos, surveillance videos, and witness testimony are common examples.
Representation From a Lawyer
When challenging a bicycle ticket, bicyclists can represent themselves. It is usually in a cyclist's best interest to seek the assistance of a California defense lawyer.
​
A skilled lawyer is advantageous for three main reasons. Defense attorneys usually get reduced or dismissed charges for defendants who have attorneys. Also, if the defendant has an attorney, the defendant won't have to go to court - the lawyer can do so.