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  1. #1

    Unhappy CVC 21212 (A) Violation but Was Riding on the Sidewalk

    Im 15 and i wasn't wearing a helmet while operating a bicycle (I did have a helmet, but i hanged it on my handle bars because i didnt want to wear it) A police officer gave me a ticket, but i was riding on the sidewalk. But as this violation specifies:

    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 TRIAL 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.

    I've heard that riding on the sidewalk is illegal? Im not sure about that. The police officer could have warned me, but he was mad because i had headphones on and did not hear him! I have such bad luck. Anyways. Is there any way i can fight off this ticket? My parents cant afford to pay this ticket. I know that i didnt provide enough information so if anyone would like more information just reply. PLEASE HELP ME!

  2. #2
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: CVC 21212 (A) Violation but Was Riding on the Sidewalk

    I suggest taking advantage of VC 21212(d), which says, "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."

    That's a freebie, and you can only take advantage of it this time.

    You cannot, for example, argue that the Vehicle Code knows about "sidewalks" (VC 21210) but neither 21212(a) nor SHC 890.4 mention "sidewalk", lose, then use the VC 21212(d) exemption next time. It is only offered for your first charge.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: CVC 21212 (A) Violation but Was Riding on the Sidewalk

    Here is the section:

    21212. (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.


    And, a "street" ....

    590. "Street" is a way or place of whatever nature, publicly
    maintained and open to the use of the public for purposes of
    vehicular travel. Street includes highway.

    And, thus, a "highway" ...
    360. "Highway" is a way or place of whatever nature, publicly
    maintained and open to the use of the public for purposes of
    vehicular travel. Highway includes street.

    And, finally, a "sidewalk" ...
    555. "Sidewalk" is that portion of a highway, other than the
    roadway, set apart by curbs, barriers, markings or other delineation
    for pedestrian travel.

    Note that a "sidewalk" is part of the "highway" (aka "street").
    The officer could have also cited you for the earphones and riding on the sidewalk. You got lucky.

    Next time, don't dangle the helmet on the handlebars, WEAR IT. The law does not say you have to wear it only when you want to, it says you SHALL wear it.

    And, fear not, if your parents do not have the money, the court may allow you to work it off in community service. Most judges do not wish to saddle parents with the child's burden, anyway.

  4. #4
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: CVC 21212 (A) Violation but Was Riding on the Sidewalk

    Quote Quoting cdwjava
    590. "Street" is a way or place of whatever nature, publicly
    maintained and open to the use of the public for purposes of
    vehicular travel. Street includes highway.
    And, thus, a "highway" ...
    555. "Sidewalk" is that portion of a highway, other than the
    roadway, set apart by curbs, barriers, markings or other delineation
    for pedestrian travel.

    Note that a "sidewalk" is part of the "highway" (aka "street").
    I suggest that arguing that those definitions are contradictory.

    "Street" is open to the public for the purposes of vehicular traffic.

    "Sidewalk" is for pedestrian traffic, yet is a "portion of a highway".

    I still suggest he take advantage of VC 21212(d).

  5. #5
    Join Date
    Apr 2011
    Location
    California
    Posts
    98

    Default Re: CVC 21212 (A) Violation but Was Riding on the Sidewalk

    First thing... you should be wearing your helmet. I've had friends hit by cars while riding their bikes and they probably would've died had they not been wearing helmets.

    Depending on what City/County you live in, there will be varying laws on whether or not bicyclists can ride on the sidewalk. You can always call your City Hall or Public Works department to find out.

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