If you are driving in California, Vehicle Code 21712 VC makes it an infraction to let another person ride in your trunk, a vehicle you are towing, or anywhere else unintended for passengers. Penalties include a fine and one DMV point.
Examples of VC 21712 violations include:
- Riding on a vehicle’s fender or running boards
- Riding in a pickup bed with no safety harness
- Riding in a semi-truck’s cargo bed
The language of the code section reads as follows:
VC 21712. (a) A person driving a motor vehicle shall not knowingly permit a person to ride on a vehicle or upon a portion of a vehicle that is not designed or intended for the use of passengers.
(b) A person shall not ride on a vehicle or upon a portion of a vehicle that is not designed or intended for the use of passengers.
(c) A person driving a motor vehicle shall not knowingly permit a person to ride in the trunk of that motor vehicle.
(d) A person shall not ride in the trunk of a motor vehicle.
(e) A person violating subdivision (c) or (d) shall be punished as follows:
(1) By a fine of one hundred dollars ($100).
(2) For a second violation occurring within one year of a prior violation that resulted in a conviction, a fine of two hundred dollars ($200).
(3) For a third or a subsequent violation occurring within one year of two or more prior violations that resulted in convictions, a fine of two hundred fifty dollars ($250).
(f) Subdivisions (a) and (b) do not apply to an employee engaged in the necessary discharge of his or her duty or in the case of persons riding completely within or upon vehicle bodies in the space intended for a load on the vehicle.
(g) A person shall not drive a motor vehicle that is towing a trailer coach, camp trailer, or trailer carrying a vessel, containing a passenger, except when a trailer carrying or designed to carry a vessel is engaged in the launching or recovery of the vessel.
(h) A person shall not knowingly drive a motor vehicle that is towing a person riding upon a motorcycle, motorized bicycle, bicycle, coaster, roller skates, sled, skis, or toy vehicle.
(i) Subdivision (g) does not apply to a trailer coach that is towed with a fifth-wheel device if the trailer coach is equipped with safety glazing materials wherever glazing materials are used in windows or doors, with an audible or visual signaling device that a passenger inside the trailer coach can use to gain the attention of the motor vehicle driver, and with at least one unobstructed exit capable of being opened from both the interior and exterior of the trailer coach.
Our California auto accident attorneys will highlight the following in this article:
- 1. Elements
- 2. Penalties
- 3. Defenses
- 4. Traffic School
- 5. Criminal Charges
- 6. Ignoring the Ticket
- 7. Personal Injury Lawsuits
- 8. Related Laws
VC 21712 is meant to deter risky behavior by both drivers and passengers.
1. The Elements
Vehicle Code 21712 prohibits you as a driver from doing three things:
- Allowing a person to ride in places not intended for passengers;1
- Allowing a person to ride in the trunk;2 or
- Allowing a person to ride in vehicles that you are towing (such as boats, campers, trailers, etc.).3
It does not matter whether the violation occurs on a public roadway or an off-street parking facility. Also, passengers as well as drivers can be ticketed for these violations.
Additional Rules and Exceptions
California courts and statutes have provided a few additional rules while analyzing this code section. These include:
- VC 21712 does not require all parts of a passenger’s body to be completely inside a vehicle.4
- Persons riding on the bed of a truck do not violate VC 21712 just because their feet or legs stick over the edge of the vehicle.5 However, the truck must have federally approved restraints that the passengers use.
- A motorcycle rider violates VC 21712 if they share the same seat with a person.6
- During parades, passengers can lawfully ride in cargo beds as long as it goes slower than eight miles per hour.
- People can ride in towed trailer designed to carry a vessel that is engaged in the launching or recovery of the vessel.
- Passengers can ride in an agricultural vehicle’s cargo bed traveling between fields less than one mile apart.
- There are also exceptions for authorized employees performing their job duties (for example, trash collecting).
Ultimately, Vehicle Code 21712 VC is meant to prevent people from hanging on outside portions of vehicles or riding in positions that create hazards.7
2. Penalties
As an infraction, violating VC 21712 carries two penalties in California:
- A fine and
- Points assessed to your DMV driving record.
The Fine
If your ticket was for letting someone ride in the trunk of a vehicle, the court will impose a base fine of:
- $100 for a first offense8
- $200 for a second offense, if it occurs within one year from the first offense9
- $250 for a third or a subsequent offense, if it occurs within one year from the second offense10
Meanwhile, if your ticket was for violating VC 21712 in any other manner (such as by towing a passenger), the fine is $238.11
In addition to these fines, the court will tack on fees and penalty assessments.
VC 21712 carries a fine and one DMV point.
DMV Points
Violating VC 21712 causes one point to go on your driving record.12 This may result in an increase in your insurance rates.
Note that the DMV will declare you a negligent operator if you accumulate
- four points in 12 months,
- six points in 24 months, or
- eight points in 36 months.
If this happens, the DMV can suspend or revoke your license. However, you can fight this at a California DMV hearing.
3. Defenses
Here at Shouse Law Group, we have handled literally thousands of traffic tickets, including ones for VC 21712 violations. In our experience, three effective defenses that can get these infractions dismissed include:
- There was an emergency that made following Vehicle Code 21712 impossible;
- The officer issued a ticket by mistake; or,
- Your vehicle was not moving.
No matter the defense used, we must support it with credible evidence such as eyewitnesses, surveillance video, and GPS records. In any case, it is critical to seek the help of an attorney because:
- Prosecutors give better deals to drivers with lawyers.
- Defense attorneys know how to get charges reduced and dismissed.
- You do not have to go to court as long as your attorney goes on your behalf.
Doing traffic school can prevent points going on your driving record
4. Traffic School
If you are ticketed for an illegal ride or tow, you are not required to attend traffic school.
The advantage of doing traffic school is that you should avoid having any points put on your driving record. However, you still will have to pay a fine.13
5. Criminal Charges
An unlawful ride or tow in violation of VC 21712 is only an infraction in California. This means it is not a crime and does not carry jail time.
6. Ignoring the Ticket
If you ignore your ticket for violating Vehicle Code 21712, you can be prosecuted under VC 40508 for failing to appear or pay your fines. This is a misdemeanor carrying:
- Up to six months in county jail, and/or
- A fine of up to $1,000.
It is not a defense that you did not intend to break the law or that you are not guilty of the underlying infraction.14
7. Personal Injury Lawsuits
If you injure another person while violating Vehicle Code 21712, the victim can sue you for negligence per se. In these cases, your negligence is presumed if the victim can show that you violated a law (such as VC 21712) meant to protect them.
Even if the victim was partially at fault for their injuries by not exercising a reasonable duty of care, they can still sue you. However, under California’s comparative fault laws, their final payout would be reduced in proportion to their degree of fault.
8. Related Laws
- Crossing double yellow lines (VC 21460)
- Driving on bike lanes (VC 21209)
- Driving on sidewalks (VC 21663)
- Driving through safety zones (VC 21709)
- Overloaded vehicles (VC 21700)
- Reckless driving (VC 23103)
- Runaway vehicle (VC 20002(b))
- Running a stop sign (VC 22450)
- Signaling when a driver stops or slows (VC 22109)
- Whipping or swerving towed vehicles (VC 21711)
Legal References:
- California Vehicle Code 21712 (a) VC.
- California Vehicle Code 21712 (c) VC.
- California Vehicle Code 21712 (g) VC.
- Albania v. Kovacevich (1941), 44 Cal. App. 2d 925.
- See same.
- James v. Myers (1945), 68 Cal. App. 2d 23.
- See Albania v. Kovacevich above.
- California Vehicle Code 21712 (e)(1) VC.
- California Vehicle Code 21712 (e)(2) VC.
- California Vehicle Code 21712 (e)(3) VC.
- See California DMV.
- See same.
- See California Courts website.
- California Vehicle Code 40508 VC.