"legal" definition of bicycle in CA

I think this has been discussed in the past, but I just wanted to bring
up once again and ask the forum members' opinion on the following
*actual* vehicle code which specifically defines a *bicycle*. This is
mostly out of curiousity.

If I read it correctly, an standard unicycle does *not* fit the legal
description of a bicycle. It seems pretty black and white with no gray
area, but just have a look at the code below, and tell me if you think
a judge could rule that a unicycle, (in CA) would be subject to the
same laws as a bike. I assume he would have to follow the letter of the
law as it is stated. (The first paragraph below is someone's opinion)

' California' (http://tinyurl.com/2qog2o)

In California a bicycle can have one wheel, *_but_ *it must also have
gears, a
belt, or a chain, which means that a standard unicycle is not a
bicycle.

From the "Words and Phrases Defined" division of the California Vehicle
Code: (the following was read to me by a police officer over the phone,
word for word as it appears below)


231. 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._ Persons riding bicycles are subject
to the provisions of this code specified in Sections 21200 and 21200.5.

This definition does include giraffe unicycles, however, which is
unfortunate because elsewhere the law requires that bicycles be able to
leave skid marks when braking. Whether multi-wheel unicycles (in which
only
one wheel touches the ground, but the wheels turn against each other to
propel the bottom wheel) are bicycles is an open issue.

* A rider on a standard unicycle appears to be a pedestrian.* Here is
the definition of a pedestrian in California, again from the California
Vehicle Code:

467. (a) A "pedestrian" is any person who is afoot or who is using
a means of conveyance propelled by human power other than a bicycle.

(b) "Pedestrian" includes any person who is operating a
self-propelled wheelchair, invalid tricycle, or motorized quadricycle
and, by reason of physical disability, is otherwise unable to move
about as a pedestrian, as specified in subdivision (a).


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Why do you want to know? Are you trying to break the law?

It is my understanding that a (non-chain driven) unicycle is not a
bicycle under California law, and we unicyclists fall into the
pedestrian category. Unicycling is so pedestrian?


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This whole definition thing is always so "iffy." There's the letter of
the law and the spirit of the law and some judges seem to switch back
and forth between the two and their whim. According to 467(a) it seems
that someone on a skateboard would be a pedestrian but we all know that
there are specific exclusions for skateboards. Fortunately, unicycles
will likely never be mainstream enough for anybody to bother with
writing specific bits of law regarding them, which in turn will always
give us at least a little wiggle room within the law.


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Don't we encourage illiteracey when we encourage "legal definitions"
that are illogical?

By definition, a bicycle must have exactly two wheels. If they want to
make laws that include all human powered cycles, they should use a term
other than "bicycle"

...preaching to the choir....I know.


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phlegm wrote:
Why do you want to know? Are you trying to break the law?


Either that or he's got a ticket that he's trying to fight.

A LEO isn't going to listen to legalese... that's the judge's job.


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I guess, according to this definition, geared uni's would also be
bicycles. Which would bring up a mess... A guy on a coker is not on a
bike, but the person next to him on a geared 29er is...

Which is why the letter of the law would probably fall apart in
court... Or, if it didn't... any case that got any publicity at all
would change the law.

I've been tempted to do things that are not strictly prohibited... Ride
on a goverment campus in town? Hrmmm... no bikes, no roller blades, no
skateboards... nothing about unicycles... I'm fine! But I don't, cuz I
know some government official will get his underwear in a bind, and I
will have caused problems for every unicyclist in the area...

Right now we can go either way... I could ride a 20" uni down a
sidewalk and no one would say anything... I could ride a 36" uni down
the side of the road and no one will say anything. Forcing the
unicycle to be defined will hurt limit the freedom of one of those
groups...

My 2 cents anyway...

-Keld


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Keldridge wrote:
I could ride a 20" uni down a sidewalk and no one would say anything...



That doesn't work everywhere. I had a cop tell me to not ride my 20"
freestyle on one of the main streets in downtown Monterey, CA. I
wasn't doing any tricks. I was just passing through to find somewhere
I could.


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I don't know about California law, but I agree with Keldridge - I
usually ride a 26x3" or a coker, and behave (and like to be treated) as
if I'm riding a bike, albeit relatively slowly. I wouldn't want
unicyclists to be strictly classed as pedestrians, or I couldn't ride
half my journey to work or any other trip involving roads. But on the
other hand if I'm just riding my 20" (which I very rarely do, but
that's not the point), it's way too slow to feel safe on the road, and
is much more suited to riding on the pavement (sidewalk).

I think pushing the point that a unicycle is not a bike (to get out of
a fine for riding a big wheel in a pedestrian area or inside a shop for
example, to stay on topic) is risking getting us banned from riding on
the road.

Rob


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Try taking a Giraffe on an airplane...
There it ::*is*:: a bicycle and subject to the extra fee.


now i take it apart and hide the peices...now it is \"not-a-bike\"


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A unicycle does not qualify as a pedestrian by your definition in 467.
In "a" it says "other than a bicycle" but in "b" there is a
clarification it says "and, by reason of physical disability, is
otherwise unable to move about as a pedestrian"; I don't know how you
could argue the physical disability required to use a unicycle rather
than travel on foot. I don't think a unicycle is a bicycle or
pedestrian by those definitions. The is probably another part of the
code that covers rollerblades, heelys, skateboards etc.


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