California Bike Accident Injury Lawyers
VEHICLE CODE
VEHICLE CODE SECTION 21200-21212
ARTICLE 4. OPERATION OF BICYCLES
§ 21200 Rights and duties of riders; Peace officers
on bicycles
§ 21200.5 Riding bicycle under influence of alcohol
or drugs; Right to chemical test; Fine on conviction
§ 21201. Bicycle size and equipment requirements
§ 21201.3. Blue warning light on peace officer's
bicycle
§ 21201.5. Reflectorized equipment
§ 21202. Operation of bicycle on roadway
§ 21203. Hitching rides on vehicles
§ 21204. Manner of riding; Passengers
§ 21205. Carrying packages or other articles
§ 21206. Local regulation
§ 21207. Bicycle lanes
§ 21207.5. Motorized bicycles; Places where operation
prohibited
§ 21208. Permitted movements from bicycle lanes
§ 21209. Motor vehicles in bicycle lanes
§ 21210. Bicycle parking
§ 21211. Loitering on bikeway; Placing bicycle
or other object upon bikeway, path, or trail
§ 21212. Helmet requirements
§ 21200 Rights and duties of riders; Peace officers on bicycles
(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.
(b) (1) Any peace officer, as defined in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, operating a bicycle during the course of his or her duties is
exempt from the requirements of subdivision (a), except as those requirements
relate to driving under the influence of alcoholic beverages or drugs,
if the bicycle is being operated under any of the following circumstances:
(A) In response to an emergency call.
(B) While engaged in rescue operations.
(C) In the immediate pursuit of an actual or suspected
violator of the law.
(2) This subdivision does not relieve a peace officer
from the duty to operate a bicycle with due regard for the safety of
all persons using the highway.
§ 21200.5 Riding bicycle under influence of alcohol or drugs; Right to chemical test; Fine on conviction
Notwithstanding Section 21200, it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person's blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person's blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed. A conviction of a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250). Violations of this section are subject to Section 13202.5.
§ 21201. Bicycle size and equipment requirements
(a) No person shall operate a bicycle on a roadway unless it is equipped
with a brake which will enable the operator to make one braked wheel
skid on dry, level, clean pavement.
(b) No person shall operate on the highway any bicycle
equipped with handlebars so raised that the operator must elevate his
hands above the level of his shoulders in order to grasp the normal
steering grip area.
(c) No person shall operate upon any highway a bicycle
which is of such a size as to prevent the operator from safely stopping
the bicycle, supporting it in an upright position with at least one
foot on the ground, and restarting it in a safe manner.
(d) Every bicycle operated upon any highway during
darkness shall be equipped (1) with a lamp emitting a white light which,
while the bicycle is in motion, illuminates the highway in front of
the bicyclist and is visible from a distance of 300 feet in front and
from the sides of the bicycle; (2) with a red reflector on the rear
which shall be visible from a distance of 500 feet to the rear when
directly in front of lawful upper beams of headlamps on a motor vehicle;
(3) with a white or yellow reflector on each pedal visible from the
front and rear of the bicycle from a distance of 200 feet; and (4) with
a white or yellow reflector on each side forward of the center of the
bicycle, and with a white or red reflector on each side to the rear
of the center of the bicycle, except that bicycles which are equipped
with reflectorized tires on the front and the rear need not be equipped
with these side reflectors. Such reflectors and reflectorized tires
shall be of a type meeting requirements established by the department.
(e) A lamp or lamp combination, emitting a white
light, attached to the operator and visible from a distance of 300 feet
in front and from the sides of the bicycle, may be used in lieu of the
lamp required by clause (1) of subdivision (d).
§ 21201.3. Blue warning light on peace officer's bicycle
(a) A bicycle or motorized bicycle used by a peace officer, as defined
in Section 830.1 of, subdivision (a), (b), (c), (d), (e), (f), (g),
or (i) of Section 830.2 of, subdivision (b) or (d) of Section 830.31
of, subdivision (a) or (b) of Section 830.32 of, Section 830.33 of,
subdivision (a) of Section 830.36 of, subdivision (a) of Section 830.4
of, or Section 830.6 of, the Penal Code, in the performance of the peace
officer's duties, may display a steady or flashing blue warning light
that is visible from the front, sides, or rear of the bicycle or motorized
bicycle.
(b) No person shall display a steady or flashing
blue warning light on a bicycle or motorized bicycle except as authorized
under subdivision (a).
§ 21201.5. Reflectorized equipment
(a) No person shall sell, or offer for sale, a reflex reflector or
reflectorized tire of a type required on a bicycle unless it meets requirements
established by the department. If there exists a federal Consumer Product
Safety Commission regulation applicable to bicycle reflectors, the provisions
of that regulation shall prevail over provisions of this code or requirements
established by the department pursuant to this code relative to bicycle
reflectors.
(b) No person shall sell, or offer for sale, a new
bicycle that is not equipped with a red reflector on the rear, a white
or yellow reflector on each pedal visible from the front and rear of
the bicycle, a white or yellow reflector on each side forward of the
center of the bicycle, and a white or red reflector on each side to
the rear of the center of the bicycle, except that bicycles which are
equipped with reflectorized tires on the front and rear need not be
equipped with these side reflectors.
(c) Area reflectorizing material meeting the requirements
of Section 25500 may be used on a bicycle.
§ 21202. Operation of bicycle on roadway
(a) Any person operating a bicycle upon a roadway at a speed less than
the normal speed of traffic moving in the same direction at that time
shall ride as close as practicable to the right-hand curb or edge of
the roadway except under any of the following situations:
(1) When overtaking and passing another bicycle
or vehicle proceeding in the same direction.
(2) When preparing for a left turn at an intersection
or into a private road or driveway.
(3) When reasonably necessary to avoid conditions
(including, but not limited to, fixed or moving objects, vehicles, bicycles,
pedestrians, animals, surface hazards, or substandard width lanes) that
make it unsafe to continue along the right-hand curb or edge, subject
to the provisions of Section 21656. For purposes of this section, a
"substandard width lane" is a lane that is too narrow for a bicycle
and a vehicle to travel safely side by side within the lane.
(4) When approaching a place where a right turn
is authorized.
(b) Any person operating a bicycle upon a roadway
of a highway, which highway carries traffic in one direction only and
has two or more marked traffic lanes, may ride as near the left-hand
curb or edge of that roadway as practicable.
§ 21203. Hitching rides on vehicles
No person riding upon any motorcycle, motorized bicycle, bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any streetcar or vehicle on the roadway.
§ 21204. Manner of riding; Passengers
(a) No person operating a bicycle upon a highway shall ride other than
upon or astride a permanent and regular seat attached thereto.
(b) No operator shall allow a person riding as a
passenger, and no person shall ride as a passenger, on a bicycle upon
a highway other than upon or astride a separate seat attached thereto.
If the passenger is four years of age or younger, or weighs 40 pounds
or less, the seat shall have adequate provision for retaining the passenger
in place and for protecting the passenger from the moving parts of the
bicycle.
§ 21205. Carrying packages or other articles
No person operating a bicycle shall carry any package, bundle or article which prevents the operator from keeping at least one hand upon the handlebars.
§ 21206. Local regulation
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.
§ 21207. Bicycle lanes
(a) This chapter does not prohibit local authorities from establishing,
by ordinance or resolution, bicycle lanes separated from any vehicular
lanes upon highways, other than state highways as defined in Section
24 of the Streets and Highways Code and county highways established
pursuant to Article 5 (commencing with Section 1720) of Chapter 9 of
Division 2 of the Streets and Highways Code.
(b) Bicycle lanes established pursuant to this section
shall be constructed in compliance with Section 891 of the Streets and
Highways Code.
§ 21207.5. Motorized bicycles; Places where operation prohibited
Notwithstanding Sections 21207 and 23127 of this code, or any other provision of law, no motorized bicycle may be operated on a bicycle path or trail, bikeway, bicycle lane established pursuant to Section 21207, equestrian trail, or hiking or recreational trail, unless it is within or adjacent to a roadway or unless the local authority or the governing body of a public agency having jurisdiction over such path or trail permits, by ordinance, such operation.
§ 21208. Permitted movements from bicycle lanes
(a) Whenever a bicycle lane has been established on a roadway pursuant
to Section 21207, any person operating a bicycle upon the roadway at
a speed less than the normal speed of traffic moving in the same direction
at that time shall ride within the bicycle lane, except that the person
may move out of the lane under any of the following situations:
(1) When overtaking and passing another bicycle,
vehicle, or pedestrian within the lane or about to enter the lane if
the overtaking and passing cannot be done safely within the lane.
(2) When preparing for a left turn at an intersection
or into a private road or driveway.
(3) When reasonably necessary to leave the bicycle
lane to avoid debris or other hazardous conditions.
(4) When approaching a place where a right turn
is authorized.
(b) No person operating a bicycle shall leave a
bicycle lane until the movement can be made with reasonable safety and
then only after giving an appropriate signal in the manner provided
in Chapter 6 (commencing with Section 22100) in the event that any vehicle
may be affected by the movement.
§ 21209. Motor vehicles in bicycle lanes
(a) No person shall drive a motor vehicle in a bicycle lane established
on a roadway pursuant to Section 21207 except as follows:
(1) To park where parking is permitted.
(2) To enter or leave the roadway.
(3) To prepare for a turn within a distance of 200
feet from the intersection.
(b) This section does not prohibit the use of a motorized bicycle in
a bicycle lane, pursuant to Section 21207.5, at a speed no greater than
is reasonable or prudent, having due regard for visibility, traffic
conditions, and the condition of the roadway surface of the bicycle
lane, and in a manner which does not endanger the safety of bicyclists.
§ 21210. Bicycle parking
No person shall leave a bicycle lying on its side on any sidewalk, or shall park a bicycle on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic. Local authorities may, by ordinance or resolution, prohibit bicycle parking in designated areas of the public highway, provided that appropriate signs are erected.
§ 21211. Loitering on bikeway; Placing bicycle or other object upon bikeway, path, or trail
(a) 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.
(b) No person may place or park any bicycle, vehicle,
or any other object upon any bikeway or bicycle path or trail, as specified
in subdivision (a), which impedes or blocks the normal and reasonable
movement of any bicyclist unless the placement or parking is necessary
for safe operation or is otherwise in compliance with the law.
(c) This section does not apply to drivers or owners
of utility or public utility vehicles, as provided in Section 22512.
(d) This section does not apply to owners or drivers
of vehicles who make brief stops while engaged in the delivery of newspapers
to customers along the person's route.
(e) This section does not apply to the driver or
owner of a rubbish or garbage truck while actually engaged in the collection
of rubbish or garbage within a business or residence district if the
front turn signal lamps at each side of the vehicle are being flashed
simultaneously and the rear turn signal lamps at each side of the vehicle
are being flashed simultaneously.
(f) This section does not apply to the driver or
owner of a tow vehicle while actually engaged in the towing of a vehicle
if the front turn signal lamps at each side of the vehicle are being
flashed simultaneously and the rear turn signal lamps at each side of
the vehicle are being flashed simultaneously.
§ 21212. Helmet requirements
(a) A person under 18 years of age shall not operate a bicycle, a nonmotorized
scooter, or a skateboard, nor shall they wear in-line or roller skates,
nor ride upon a bicycle, a nonmotorized scooter, or a skateboard as
a passenger, upon a street, bikeway, as defined in Section 890.4 of
the Streets and Highways Code, or any other public bicycle path or trail
unless that person is wearing a properly fitted and fastened bicycle
helmet that meets the standards of either the American Society for Testing
and Materials (ASTM) or the United States Consumer Product Safety Commission
(CPSC), or standards subsequently established by those entities. This
requirement also applies to a person who rides upon a bicycle while
in a restraining seat that is attached to the bicycle or in a trailer
towed by the bicycle.
(b) Any helmet sold or offered for sale for use
by operators and passengers of bicycles, nonmotorized scooters, skateboards,
or in-line or roller skates shall be conspicuously labeled in accordance
with the standard described in subdivision (a) which shall constitute
the manufacturer's certification that the helmet conforms to the applicable
safety standards.
(c) No person shall sell, or offer for sale, for
use by an operator or passenger of a bicycle, nonmotorized scooter,
skateboard, or in-line or roller skates any safety helmet which is not
of a type meeting requirements established by this section.
(d) Any charge under this subdivision shall be dismissed
when the person charged alleges in court, under oath, that the charge
against the person is the first charge against that person under this
subdivision, unless it is otherwise established in court that the charge
is not the first charge against the person.
(e) Except as provided in subdivision (d), a violation
of this section is an infraction punishable by a fine of not more than
twenty-five dollars ($25).
The parent or legal guardian having control or custody
of an unemancipated minor whose conduct violates this section shall
be jointly and severally liable with the minor for the amount of the
fine imposed pursuant to this subdivision.
(f) Notwithstanding Section 1463 of the Penal Code
or any other provision of law, the fines collected for a violation of
this section shall be allocated as follows:
(1) Seventy-two and one-half percent of the amount
collected shall be deposited in a special account of the county health
department, to be used for bicycle, nonmotorized scooter, skateboard,
and in-line and roller skate safety education and for assisting low-income
families in obtaining approved bicycle helmets for children under the
age of 18 years, either on a loan or purchase basis. The county may
contract for the implementation of this program, which, to the extent
practicable, shall be operated in conjunction with the child passenger
restraint program pursuant to Section 27360.
(2) Two and one-half percent of the amount collected
shall be deposited in the county treasury to be used by the county to
administer the program described in paragraph (1).
(3) If the violation occurred within a city, 25
percent of the amount collected shall be transferred to and deposited
in the treasury of that city. If the violation occurred in an unincorporated
area, this 25 percent shall be deposited and used pursuant to paragraph
(1).
If you or your loved one has been injured in a bicycle accident in California, please contact a Bicycle Accident Injury lawyer at Van Der Walde & Associates to discuss your bike accident case.
