Vehicle Code § 21209 VC – Driving on a Bike Lane

California Vehicle Code § 21209 VC prohibits motorists in California from driving a vehicle on a bicycle lane except under limited circumstances. If you unlawfully drive on a bike lane, you must pay a fine of $238.00.

There are four important points to know about VC 21209.

1. You can only drive on a bike lane to: (1) park; (2) enter or leave a roadway; or, (3) prepare for a turn from an intersection.
2. If you violate Vehicle Code 21209 VC, you will also receive one point on your DMV driving record. You could potentially get a negligent operator license suspension if you receive a certain number of points in a given amount of time.
3. Legal defenses are available if you violate Vehicle Code 21209 VC. It’s in your best interests, though, to consult with an attorney before raising one.
4. You must not ignore a California ticket for driving on a bicycle lane. If you do, you risk getting charged with failure to appear, per California Vehicle Code 40508.

Our California car accident attorneys will highlight the following in this article:

• 1. Vehicle Code 21209 VC – Motor vehicles in California bicycle lanes
• 2. The penalties for driving in a bike lane
  • 2.1. Fine
  • 2.2. Points on your DMV driving record
• 3. Legal defenses if a driver violates VC 21209
  • 3.1. Common defenses for driving in a bike lane
  • 3.2. Contact a lawyer for help
• 4. Violation of Vehicle Code 21209 VC and traffic school
• 5. Driving on a bicycle lane and criminal charges
• 6. Ignoring a ticket for violating VC 21209
  • 6.1. Violation of Vehicle Code 40508 VC
  • 6.2. Penalties for violating VC 40508
• 7. Violations of VC 21209 and subsequent lawsuits
  • 7.1. Lawsuits filed by bike riders
  • 7.2. Potential finding of negligence against you
• 8. Laws related to Vehicle Code 21209 VC
  • 8.1. Riding bicycles within bike lanes
  • 8.2. Bicyclists riding on the right-hand side of the road
  • 8.3. Unauthorized vehicles prohibited on trails and paths

1. Vehicle Code 21209 VC – Motor vehicles in California bicycle lanes

California Vehicle Code 21209 states that you shall not drive a vehicle in a bike lane except as follows:

• To park where parking is permitted;
• To enter or leave the roadway; or,
• To prepare for a turn within 200 feet from the intersection.¹

Please note that VC 21209 does not prohibit the use of motorized bicycles in bike lanes.² However, you must ensure that you drive at a speed that is reasonable under the circumstances.³

2. The penalties for driving in a bike lane

If you violate Vehicle Code 21209, you receive two penalties. These include:

1. A fine; and,
2. Points on your DMV driving record.

2.1. Fine

If you drive on a bike lane, you will receive a ticket for doing so and must pay a corresponding fine.

The fine for violating VC 21209 is approximately $238.00.⁴

2.2. Points on your DMV driving record

If you drive on a bike lane in violation of Vehicle Code 21209 VC, you will receive one point on your DMV driving record.⁵ Points put on your driver’s record are ultimately reported to your insurance carrier. The result is typically an increase in your insurance rates for several years.

A problem also occurs when points accumulate over time. If you accumulate a certain number of points within a 1-,2- or 3-year period, the DMV can declare you a negligent driver. If this happens, the DMV can either suspend or revoke your driving privileges.

Please note, however, that either of these actions will require a California DMV hearing.

3. Legal defenses if a driver violates VC 21209

If you receive a ticket for driving on a bike lane, you do not have to automatically plead guilty to it, or admit you were at fault. You can always challenge traffic tickets by raising a legal defense. But, if this is done, it’s best to gain the assistance of an attorney.

3.1. Common defenses for driving in a bike lane

There are three common defenses for violating Vehicle Code 21209 VC. These are:

1. You drove on a bike lane but did so under one of the exceptions in VC 21209. That is, you drove on a bike lane to either: park, enter or leave the roadway, or, turn from an intersection.
2. There was an emergency that required you to drive in a bike lane.
3. The officer made a mistake.

Please know that if you raise a legal defense, you will require evidence to support your position. The best evidence typically includes:

• Witnesses
• Photographs
• Surveillance video

3.2. Contact a lawyer for help

You can represent yourself if you challenge a ticket for driving on a bike lane. However, it’s in your best interests to contact a California attorney for help.

It’s beneficial to work with a lawyer for three main reasons. These are:

1. Prosecutors typically offer better deals if you have a lawyer.
2. Defense attorneys know how to get charges reduced and dismissed.
3. If you have an attorney, you do not have to go to court. Your lawyer can go on your behalf.

4. Violation of Vehicle Code 21209 VC and traffic school

If you violate VC 21209, you do not have to attend traffic school. But, you can volunteer to do so.

You can choose to go to traffic school if:

1. You have a valid driver’s license;
2. The offense occurred while you were driving a noncommercial vehicle; and,
3. The ticket is for an infraction that is a moving violation.

If you choose to attend traffic school, you must still pay your fine.⁶ However, you generally should not get any points on your driving record if you complete the school.⁷

5. Driving on a bicycle lane and criminal charges

Criminal charges do not get filed if you violate Vehicle Code 21209 VC. This is because it’s not a crime to drive on a bike lane.

Violations of VC 21209 are infractions under California law. Violators are not subject to incarceration or any other criminal penalties.

6. Ignoring a ticket for violating VC 21209

You should not ignore a ticket for violating Vehicle Code 21209 VC. Two things happen if this occurs. These are:

1. You violate a new law, California Vehicle Code 40508 VC, for the failure to appear in court on a traffic citation; and,
2. You may receive penalties for violating VC 40508.

6.1. Violation of Vehicle Code 40508 VC

Upon receiving a traffic ticket in California, you are obligated to sign a written promise to appear in court.

If you willfully fail to appear as promised, you violate Vehicle Code 40508 VC.⁸ You willfully fail to appear when you are willingly a no-show. It is not a defense if you did not intend to break the law.⁹

It also does not matter whether you are guilty or innocent of the underlying traffic citation.¹⁰ You violate Vehicle Code 40508 just by breaking a promise to:

• Appear in court,
• Appear to pay bail,
• Pay bail in installments,
• Pay a fine within the time authorized, or
• Comply with any condition of the court.¹¹

6.2. Penalties for violating VC 40508

Violation of Vehicle Code 40508 VC is a misdemeanor. The penalties are:

• Up to six months in county jail, and/or
• A fine of up to $1,000.¹²

7. Violations of VC 21209 and subsequent lawsuits

If you drive on a bike lane, in violation of Vehicle Code 21209, you may injure a bicycle rider. If this occurs, you expose yourself to:

1. A lawsuit filed by the bike rider; and,
2. A potential finding of negligence against you.

7.1. Lawsuits filed by bike riders

Bicycle accidents are a common occurrence in California. They can be caused by reckless drivers, dangerous road conditions, or careless pedestrians.

Given the frequency of bike accidents, bicycle accident lawsuits in California are also a common occurrence.

If a bike rider is injured after getting struck by you driving in a bike lane, they can file a lawsuit against you.

If successful, the bicycle rider may be able to recover damages for:

• Physical injuries;
• Bicycle damages;
• Lost wages; and/or,
• Medical bills.

In addition, if a bicycle rider was killed in an accident, the surviving family members may be able to file a California wrongful death lawsuit for damages.

7.2. A potential finding of negligence against you

If you violate Vehicle Code 21209, you may very well injure another party – a bicycle rider, a pedestrian, another motorist, etc. If so, the injured party may file a personal injury lawsuit against you. And, you may be found “negligent.”

California law defines “negligence” as the failure to use reasonable care to prevent harm to oneself or to others. Regarding auto accidents, negligent drivers are at fault for the accident and may have to pay for any damages caused.

Proving negligence in a personal injury case can sometimes be difficult. In California though, you are considered “negligent per se” if you violate a statute.

Negligence “per se” is a legal theory in which negligence is presumed based upon your violation of a statute or ordinance.

This means you would be negligent per se if driving a vehicle on a bike lane because you would be in violation of VC 21209.

Please note, however, that even if you are negligent per se, you may still be able to recover for any damages you incur. This is because of California’s comparative fault laws.

8. Laws related to Vehicle Code 21209 VC

There are three laws related to VC 21209. These include:

1. Riding bicycles within bike lanes;
2. Bicyclists riding on the right-hand side of the road; and,
3. Unauthorized vehicles prohibited on trails and paths.

8.1. Riding bicycles within bike lanes

California Vehicle Code 21208 states that you must ride your bicycles within bike lanes whenever they have been established.¹³

VC 21208 does provide four exceptions to this rule. You may leave a bike lane when:

1. Overtaking and passing another biker, a vehicle, or a pedestrian.
2. Preparing for a turn at an intersection or into a driveway.
3. Necessary to avoid a hazardous condition.
4. Approaching a place where a right turn is authorized.¹⁴

A violation of Vehicle Code 21208 results in a fine of $197.00. No points are placed on your DMV driving record.¹⁵

8.2 Bicyclists riding on the right-hand side of the road

According to Vehicle Code 21202, if you are operating a bicycle on a California roadway, you must ride as close as practicable to the right-hand curb of the roadway.¹⁶

VC 21202 does provide four exceptions to this rule. You can disobey the rule when:

1. Overtaking and passing another biker.
2. Preparing for a left turn at an intersection or into a driveway.
3. Necessary to avoid unsafe conditions.
4. Approaching a place where a right turn is authorized.¹⁷

A violation of Vehicle Code 21202 VC results in a fine of $197.00. No points are assessed to your driving record.

8.3 Unauthorized vehicles prohibited on trails and paths

In California, you are prohibited from driving unauthorized vehicles on trails and paths.

California Vehicle Code 23127 says that you may drive an “unauthorized vehicle” on any state, county, city, private, or district path/trail that is marked with proper signage.¹⁸

The term, “unauthorized vehicle,” means any motor vehicle that is driven without the written permission of the owner of the trail or path, or, the owner’s agent.¹⁹

As to what is proper signage under this section, VC 23127 says that the signs on a trail or path must:

1. Be located at a path’s entrances, exits and at one-mile intervals along the trail/path; and,
2. Show that no unauthorized vehicles are allowed on the path/trail.²⁰

VC 23127 applies to hiking trails, horseback riding trails, and bike paths.²¹

Vehicle Code 23127 states:

Any person who violates this section is guilty of a misdemeanor.²²

A misdemeanor is a criminal charge. In California, a misdemeanor is more serious than an infraction, but less serious than a California felony.

Standard California misdemeanors are punishable by:

1. Up to six months in jail; and/or,
2. A fine of up to $1,000.²³

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