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"Riding Bike on Sidewalk" at Night for Safety Reasons, and Got A Ticket?
My boyfriend and I were riding on the sidewalk one night, because there was quite a bit of traffic, no bike lane, and lots of parked cars on the street, providing us with little to no "safe room" in the street for "proper" cycling. We have been riding bikes this way for as long as we can remember (we are each 19 at the time), never having been stopped or told riding a bike on the sidewalk is illegal. I feel the $235 (each) is outrageous, because we were riding on the sidewalk in a safe manner. There were absolutely no pedestrians we were endangering, we weren't traveling at excessive speeds, we weren't being reckless, and we felt our safety was not guaranteed riding in the street under the afore mentioned conditions.
What I would like to know is: Is there any way I get our tickets dismissed or at least drastically reduced? I have looked up the legality of the situation, and CVC (California Vehicle Code) 21650 states:
"(g) This section does not prohibit the operation of bicycles on any shoulder of a highway, on any sidewalk, on any bicycle path within a highway, or along any crosswalk or bicycle path crossing, where the operation is not otherwise prohibited by this code or local ordinance."
I can't find anywhere where it says if the City of Woodland, CA (where tickets were issued) follows this code or not.
Since we were being safe, and attempting to keep ourselves out of harms' way (and making sure the traffic did not have to move over the diving bumps in the road, like they had to while we were in the street), shouldn't these tickets be dropped?
I'm very worried about getting marks on my Driver's License- being so young, and barely able to afford necessities such as food, clothes, ect. already, and trying to save up for a car- I don't want to get screwed over on future insurance over something so (in my opinion) stupid. Also, wouldn't being found "guilty" of a "TrafficViolation" give me issues with trying to get a second job, an apartment, any kind of loan, a car, ect.? I have never been given any kind of ticket before, never (knowingly) broken any law before, was never informed of this law to begin with, have always been the model citizen, ect.
Also- With all my bills, and only having a part-time job, even *if* I manage to make $300/paycheck, I would not be able to save up enough money to pay both tickets before the set court date (I have to pay both, because my boyfriend has no job, and is a full-time college student). I would be able to pay 1 in full, and just under half of the other. I get paid again two days after the date, and would be able to make up the difference, but wouldn't I have to pay the full amount on the set court date, if the charges aren't dropped?
Any advice?
For those who believe riding in the street is "safer" for x-reason- did you not read the part where we felt unsafe in the street, due to lack of room in the street, and felt we were creating unsafe circumstances for motorists (having to move out of their lane, into on-coming traffic)?
As for wearing reflective clothing/ having lights, ect.- we didn't get cited for those, now did we? I'm not stupid- obviously I care about my safety, as well as the safety of others.
We were not putting anyone's lives at risk, weren't cited for breaking any other law (lack of lights/ on wrong side of street/ lack of helmets/ running a stop sign or red light/ ect.), and were acting in accordance to the California Vehicle Code, ensuring our own safety as well as the safety as others.
Thinking it's more dangerous to ride on the sidewalk, due to cars doing whatever-have-you is completely ridiculous! Riding in the street, with parked cars and traffic creating zero safety room, whe
10 Answers
- ?Lv 79 years agoFavorite Answer
Quote, "For those who believe riding in the street is "safer" for x-reason- did you not read the part where we felt unsafe in the street, due to lack of room in the street, and felt we were creating unsafe circumstances for motorists (having to move out of their lane, into on-coming traffic)?"
Passing a cyclist by moving into the oncoming traffic lane is LEGAL - as long as no one is coming. That's EXACTLY what motorists should do. READ the law! I wouldn't ride on the sidewalks where I live if YOU paid me to. Filled with cracks, broken glass & other debris.
You probably won't change your mind - so why should I bother? Don't do the crime if you can't do the time (or pay the fine). Bicycles are "VEHICLES" - the same as any other car, truck, bus or motorcycle. People like you give us real cyclists a B-A-D name. Have a nice day.
- BeeryLv 79 years ago
It's illegal in many places to ride on the sidewalk. This is not just because it endangers pedestrians. Studies have shown, time and time again, that riding on the sidewalk is more dangerous than riding in the road - especially at night. On the sidewalk, you are less visible to motorists and therefore between 2 and 12 times more likely to be hit at an intersection. Sure, the sidewalk looks safe, but it is not.
Ride in the road, where you can be seen. If you ride in the dark, always wear reflective clothing and use front and rear bike lights that conform to the requirements of the law.
In California, unfortunately state law permits sidewalk cycling. Local laws may vary, and this must be a local law under which you were charged.
You can certainly try to get your tickets reduced or the charge dismissed, but you would have to have some convincing story. If I were the judge, I would never reduce the ticket or dismiss the charges if your only excuse was that the sidewalk seemed safer, because your belief is incorrect - you were behaving recklessly and in a way that endangered you.
What I would do is this: I would say that when I was cycling on the sidewalk, I believed it was safer to do so. I would explain that, since researching it, I now realize what I did was unsafe and I believe I have learned my lesson. In light of this, I would respectfully ask the judge for a lesser fine, and I would ask him to consider my financial situation.
Cycling violations cannot result in points against your driver's license.
Re: Additional Details:
I don't merely 'believe' cycling on the road is safer than riding on the sidewalk - I know it. Feeling unsafe and being unsafe are two different things, and the feeling in this case is wrong. You felt something was safer when in fact it was more dangerous. Safe cycling practices are not based on people's feelings - they are based on what is actually safe.
A 1996 study (see source below) determined the likelihood of a bicycle accident by facility type (including sidewalks). The study found that riding on the road is not only safer—but much safer—than riding on these other types of facilities.
The study found that cyclists are 25 times more likely to experience an accident when riding on a sidewalk than riding on a major street—even one that neither has a designated bike lane nor is designated as a bike route.
As for lights and reflective clothing, you couldn't be cited for not having those while riding on the sidewalk - it's not illegal to use the sidewalk while unlit. As far as the law is concerned, you are allowed to wear a ninja suit while using the sidewalk. It's only when you use the road that lighting is required.
As for your assertion that you're not stupid, you seem incapable of seeing that there's a difference between how safe you feel and how safe you really are. That does not illustrate intelligence, and it is why you got into the situation that is going to cost you so much money in court.
You were indeed putting people's lives at risk - your own! You were not ensuring your safety - you were jeopardizing it. The fact that you 'felt' safer does not mean you were safer. As I explained before, you were less safe.
@Bill D: Not all states leave the question of sidewalk bicycling to local governments. Most states do allow such ordinances, but (as I understand it) some do not. Minnesota and Missouri, for example, require all ordinances to conform with state law and void ordinances that conflict with state law (and sidewalk cycling is specifically regulated by state law in Missouri). Some have more nuanced laws that prevent local laws from being stricter than state laws - Iowa is an example. I think it would be better if traffic law was the same throughout the US so that sidewalk cycling could be banned everywhere (as it is in the UK). Anyway, I don't think I said that all other states disallowed local ordinances. I only said that local laws in California may vary (as California does allow local ordinances)
Source(s): http://www.bicyclinglife.com/Library/Moritz2.htm http://www.bikexprt.com/streetsmarts/usa/index.htm http://www.labreform.org/blunders/index.html http://www.cyclistview.com/ - Bill DLv 59 years ago
First, the legal stuff:
You're probably out of luck. Woodland Municipal Code 5.19 says: "No person shall ride a bicycle upon a sidewalk within the central traffic district." Were you in the central traffic district? Were there signs indicating that sidewalk bicycling is prohibited? Read the full text of the law and see if you can find a loophole.
http://www.cityofwoodland.org/municipal_code//_DAT...
California state law does allow local governments to regulate bicycling on the sidewalk. It's CVC 21100(h)
http://www.dmv.ca.gov/pubs/vctop/d11/vc21100.htm
Secondly, the safety stuff.
You actually are safer in the road when you know how to ride properly in the road. When the lanes are narrow and there isn't enough room, you have a legal right to use the full lane. Read CVC 21202(a)(3). Motorists will have to change lanes to go around. Since it was evening, you also need lights. See my references.
http://www.dmv.ca.gov/pubs/vctop/d11/vc21202.htm
@Beery: As near as I can tell, all states leave the question of sidewalk bicycling to local governments, the same as California.
@Beery: Minnesota does allow local regulation of sidewalk cycling. See Minnesota Statute 169.222(d). Both Minnesota and Missouri ban bicycles on sidewalks in business districts but allow it otherwise. I haven't found an explicit allowance or prohibition of local regulation of sidewalk bicycling in Missouri yet. Do you have a reference?
@mary kay: What city do you live in? Bicyclists are allowed to ride on the road in all 50 states. Some states allow local regulation of the roads. Most do not. California does not. As far as I know, the only town in the U.S. that bans bicycles on the road is Black Hawk, Colorado. This is particularly odd given that the speed limit on their main road is 20mph.
Source(s): http://sheldonbrown.com/commute/index.html http://www.bikexprt.com/bikepol/facil/sidepath/sid... http://en.wikipedia.org/wiki/Bicycle_law_in_Califo... http://www.bikexprt.com/streetsmarts/usa/index.htm http://cyclingsavvy.org/ http://www.bikeed.org/ http://www.bikeleague.org/programs/education/cours... http://www.youtube.com/user/CyclistLorax Effective Cycling by John Forester, ISBN 0262560704 Cyclecraft by John Franklin, ISBN 0117064769 - ?Lv 69 years ago
When you learn how to ride a bicycle the correct way, come back & let us know. Pay the fine. Stay off the sidewalks. Sidewalks are for pedestrians. Streets are for vehicles.
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- Anonymous5 years ago
Be honest, be polite, and don't make up excuses. So, don't tell the judge "There should be a handbook saying it's illegal". Actually, there already is a "handbook" for that because it's a law. Apologize and promise to follow the law from now on. Somehow I think that you tried to argue with the police officer because otherwise he would have let you get off with a warning... Don't argue!
- Vinegar TasterLv 79 years ago
Pay the fine(s) and ride in the street like everyone else. That's why they sell head / tail lights for bicycles.
This won't affect your car license.
- John MLv 79 years ago
Go to court with your boyfriend and explain your situation to the judge. I have had tickets reduced before when I was in college. Parking tickets.
- DSLv 79 years ago
Ya you can totally fight this ticket. Definitely take it to a judge and explain how it was dark, heavy traffic, parked cars, no bike lane, and no pedestrians on the sidewalk. Maybe take some pictures of the street to show how narrow it is when theres some cars parked on the side of it. Also emphasize that you were going slow while on the sidewalk.
The guy who gave you a ticket is a moron.
- 9 years ago
Wow! Thats insane! In my city its ONLY legal to ride a bike on the sidewalk (unless there is a bike lane on the road). See if you can get it reduced, and good luck.