What happens if my bike alarm is triggered and I'm not around to stop it?
According to Section 22651.5 (a), a peace officer can remove a vehicle if he or she is unable to locate you 45 minutes from the time of arrival at the vehicle's location (and if the alarm's still wailing at that point).
Can I ride my motorcycle in the bike lane?
According to Section 21209 you can't drive a motor vehicle in a bike lane except 1) to park where parking is permitted, 2) to enter or leave the roadway, or 3) to prepare for a turn within a distance of 200 feet from the intersection.
Can I buy a bike from out-of-state with fewer than 7,500 miles?
From the DMV web site:
California law prohibits importing and/or registering a new vehicle (one with less than 7,500 miles at the time of purchase) unless it meets or is exempt from California Emission standards. If you acquire a 49 state vehicle (vehicle manufactured for all states except California) from another state or country and do not qualify for one of the exemptions, you cannot register your vehicle and must immediately remove it from this state.
Ducati only sells the "50 state" versions of their
motorcycles in
the U.S., which means any Ducati can be brought to California from out-of-state
regardless of the mileage. I have no idea if other motorcycle manufacturers sell
49- vs 50-state bikes.
More details here.
Can I wear earplugs while I ride?
From an AMA press release:
California SB 315 has been signed into law. Included in this bill was a provision to allow
for use of "foam" style non-custom earplugs by street motorcycle riders. Thanks are due to
State Senator Debra Bowen (Democrat, District 28, Redondo Beach) who worked closely with
the American Motorcyclist Association (AMA) to make this change in the law. The AMA is
asking riders to let Senator Bowen know they appreciate her assistance by sending her an
email. The new law takes effect January 1, 2004.
"Requiring motorcyclists who want to drown out road noise by
using ear plugs to buy custom-made plugs is an outdated law that makes absolutely no
sense," said Senator Bowen. "The test ought to be whether a rider using ear plugs can
still hear a car's horn or a siren from an emergency vehicle. If a set of ear plugs can
meet that test, then a rider ought to be able to use them, regardless of who makes them or
how they're made. The only people the custom-made requirement helps are, surprise, the
people who make custom ear plugs. It doesn't help riders and it doesn't help the police,
emergency vehicle operators, or other drivers who count on a motorcyclist to be able to
hear their horns or sirens. As long as over-the-counter plugs do the job, there's no
reason why ear plugs should have to be custom-made, so junking that requirement is a
common sense change that's long overdue."
The bill was signed on 9/28/03, chaptered on 9/29/03, and will
take effect on 1/1/04.
Can I listen to music through headphones while I ride?
As long as you're not covering both ears with a headset or earplugs, you're okay. You could try to convince the police officer that only one ear was being covered by headphones under your helmet, but good luck. Section 27400 addresses the covering of ears.
Is lane-splitting legal?
Here's the text (verbatim) from the CHP's site: "Lane splitting by motorcycles is permissible under California law but must done in a safe and prudent manner."
The text used to also include "The motorcycle should be traveling no more than 10 mph faster than surrounding traffic (without exceeding the speed limit) and not come close enough to that traffic to cause a collision."
but has since been removed. Perhaps they wanted to give cops more latitude to interpret what
they thought was safe so they removed it.
If you lane split, avoid weaving between the two lanes
and don't exceed traffic speed by more than 10 mph. The former could get you a
ticket for changing lanes without signaling while the latter could get you a
ticket for reckless driving.
Your odds of getting ticketed also increase if you lane
split between the carpool and fast lane. A double yellow line divides the two
lanes and those are illegal to cross (with rare exceptions that would never
occur on the freeway); I know of riders who have been specifically ticketed for
crossing the double yellow while lane splitting between those lanes.
Lane splitting on surface streets is probably not addressed in city or county laws so I
would do this with caution, as individual cops will decide whether or not they like what
they see. I split lanes on surface streets if I don't see any cops, but I stop immediately
if I spot one.
There's a little bit of information on "lane sharing" in the
DMV Motorcycle handbook.
They say to discourage its practice, but never say it's illegal.
Related note from Chris Nowak:
I actually got some conflicting information regarding special case lane splitting though, so I decided to call the CHP. I spoke to two offices (one in LA, and one in Orange County), to try to avoid the chances that I spoke to "that one guy" who didn't know what he was talking about.
Splitting lanes between the carpool lane and the fast lane: They both said it was OK.
They both advised not going over 30 mph or so (both were riders fortunately), advised safety, and warned that since there is more space in that area, there is a lot of debris that builds up over time that might cause you some trouble. They also advised that "technically" you can't cross the double yellow to get into that space, but go ahead if you're safe about it. It's really a safe way of keeping your bike moving in stopped traffic so you don't overheat.
Splitting lanes for metered entrance onto highway: It's OK, mostly.
Again, the usual warnings about be safe, leave space and all. Don't worry about the signs that restrict the number of vehicles, but if there's a stop light, obey it! if one lane has a light, and the other does not (as in car pool type scenarios), go ahead and pop into the carpool side and stream through.
Can I lane-split to the front of a metered onramp?
In the magazine "Friction Zone," a reader asked "Is it legal to lane split to a
metering light? In some areas there are two to three lanes when taking the onramp to the
freeway. I normally lane split right up to the limit line, come to a complete stop, and
proceed at the same time (but at a lower speed) as the car I share the lane with and move
in behind him. Am I doing anything wrong?"
The answer from Sargeant Price: "Splitting traffic is
not specifically addressed in the California Vehicle Code. However, nothing
prevents two vehicles from sharing the same traffic lane until it becomes
unsafe. Therefore, you can split traffic on an onramp to advance to the front.
However, once at the front of the line, there are usually regulatory signs that
limit the number of vehicles allowed to enter the freeway on each successive
green light. Usually these signs state "One vehicle per green each lane" or "Two
(or three) vehicles per green each lane.
"In the first scenario, this means if there are two metered lanes for
traffic, then only one vehicle from each lane may enter the freeway when the light turns
green. A motorcycle sharing a lane with another vehicle is in violation of the posted
provisions of the sign.
"In the second scenario a motorcyclist would not be in violation of the provisions of the
sign since he would be sharing the lane with another vehicle and more than one is allowed
for each lane. Be sure to read the signs in your area."
Where can I put my license plate?
So you've chopped your tail and you want to stick that license plate in a new and creative location. Here are some things to consider:
5200. (b) When only one license plate is issued for use upon a vehicle,
it shall be attached to the rear.
5201. License plates shall at all times be securely fastened to the
vehicle for which they are issued so as to prevent the plates from
swinging, shall be mounted in a position so as to be clearly visible,
and shall be maintained in a condition so as to be clearly legible.
The rear license plate shall be mounted not less than 12 inches nor
more than 60 inches from the ground.
I do know someone who had his license tucked way under his tail just above the front of the rear tire;
he got a ticket for this location. When it comes down to really unorthodox
placement, it all boils down to whether or not a cop who cares gets behind you.
What are my license requirements if I'm from another state or country?
Depends on if you're a resident or not. Section 516 points out that "resident" means any person who intends to live or be located in this state on more than a temporary or transient basis. Presence in the state for six months or more in any 12-month period suggests residency. If you're a resident, you'll have to jump through the legal hoops with the rest of the Californians to get a license. If you're not a resident, then you are merely subject to the same driving laws as residents are.
Section 12502 (a) states that a nonresident over the age of 18 years having in his or her immediate possession a valid driver's license issued by a foreign jurisdiction of which he or she is a resident may operate a motor vehicle in this state without obtaining a driver's license. I imagine that if you're licensed to ride a motorcycle in your home state or country, you're cleared to do it as a visitor in California.
If you want more information (of which there is much), search the California Vehicle Code using the keyword "resident."
Do I need the "M" endorsement for a motorcycle with a sidecar?
From Fred in Camarillo:
I've found a nice motorcycle with sidecar for sale. I don't have a current "M" CA license. Used to ride motorcycles.
When I went to inquire about insurance for this rig, my long-time agent, who also rides motorcycles, asked to see my motorcycle license. I told him I didn't have one, and that 3-wheelers could be ridden with a Class C license. He said he had never heard that. I recounted Governor Schwartzenneger's recent motorcycle-sidecar crash, and that the gov wasn't ticketed for driving without a motorcycle license. He didn't believe me.
In order to document the law to the insurance agent, I spent a couple hours searching the CA Vehicle Code website, but couldn't find a specific code number that says 3 wheel motorcycles can be ridden with a Class C license. I found the loophole law about 3 axle vehicles under 6000 lbs., but I felt that wasn't going to work with my agent.
I eventually tried googling for the CA Motorcycle Handbook 2007. In the section describing licensing requirements, there it was (pg 4). Below the Class M1 and M2 sections was a caveat indicating sidecar motorcycles and 3 wheel motorcycles can be ridden with a Class C license. I called the local Highway Patrol office and the officer chuckled when I told him my insurance agent didn't believe me. He confirmed a sidecar motorcycle can be ridden with a Class C license. I think I'll carry the CA Motorcycle Handbook in a pannier in case I ever need to show my driver license :)
What color lights can I have on my bike?
Section 25950 limits the colors of the lights and reflectors on vehicles to white, yellow, amber and red. Exceptions are made for certain vehicles such as law enforcement vehicles. Green is also acceptable on running boards and door-mounted courtesy lamps (if you have these on your bike, you might just own the biggest bike ever made).
Can I put flashing lights on my bike?
In general, flashing lights are not allowed unless you're indicating a turn or lane change, warning of a traffic hazard, or driving a vehicle with a special purpose. Here are a few exceptions: Section 25251.5 (a) and (b) allow a flashing amber light to be used to indicate deceleration. Subdivision (c) allows any stoplamp to be equipped so as to flash not more than four times within the first four seconds after applying the brakes. Section 25251.2 allows for modulating headlamps. (See Section 25251 of the California Vehicle Code for complete details on flashing lights.)
If a light won't turn green, can I run it?
This is a complicated question for which I could not
find any sort of answer in the California Vehicle Code. If a signal is defective
(like it's out),
you're supposed to make a full stop and then proceed through the intersection
when it's safe. But just because it's not picking up your motorcycle, does that
make it defective? Not really. If a cop sees you go through a light even though you've
been sitting there for an hour, you can still get a ticket because, bottom line,
you ran a red light and you had the "alternative" of turning right and trying
other convoluted routes. So what should you do? I don't want to tell you what
to do, but I will tell you what I would do: If
the light won't turn after two cycles (usually those left-arrow lights), I would proceed against the red light
only if
it's safe (and after looking around for the police). Here's a good
technical article on
traffic sensors and why they won't trip for a bicycle (which is relevant to
us).
If you happen to get ticketed for running a red under
these circumstances, have a friend videotape you sitting at the light that refuses to
turn. Show this to the judge and hope he or she lets you off.
What happens if you're sitting at a photo enforced
intersection that won't turn for you? Will it snap a picture of you if you've
been sitting there and decide to go against the red? I know
someone who has done it and the cameras did not go off. The web site "How Stuff
Works" has good info on red light
cameras: "In most systems, the computer will not activate the cameras if a
car is just sitting over the induction loops. To trigger the cameras, you have
to move over the loops at a particular speed. In most systems, there are two
loop triggers for each lane of traffic. When the triggers are both activated in
quick succession, the computer knows a car has moved into the intersection at
high speed. If there is more of a delay, the computer knows the car is moving
more slowly. If the car activates only the first trigger, the computer knows it
is stopped at the edge of the intersection."
Let me reiterate that I am not suggesting you run red
lights, ever. I'm just telling you what I, um, might do, which is not the
same as admitting that I've ever done it.
Can I park in a location where there is only one stall line to the left or right of me?
Other than stall lines for handicapped individuals, there is no talk about stall lines in the California Vehicle Code. This is something that's most likely handled by individual counties. In the case of San Diego County, Article 10, Section 72.150 indicates the following for angle parking: "...the Road Commissioner shall indicate at what angle vehicles should be parked by placing parallel white lines on the surface of the roadway. On such portions of such highways a person shall not stop, stand, or park any vehicle except between, at the angle indicated by, and parallel to both such adjacent white lines with the nearest wheel not more than one foot from the curb or edge of the roadway."
As a San Diegan, I can verify that the folks in them cute little carts are ready and willing to slap a ticket on your bike for angle parking in a spot that doesn't have a white line on both sides. Damned if you do, damned if you don't: If you take up an entire parking stall, car drivers (especially in places where parking is a precious commodity) give you grief about it. If you cut drivers some slack by parking in out-of-the-way places, odds are you'll get slapped with a ticket.
Can I park on the sidewalk?
Motorcycles are considered vehicles by the California Vehicle Code and are subject to
the same rules and regulations of any car, so motorcycles cannot park on any sidewalk that
is public land. In cities like San Francisco where parking is a problem, enforcement of
this law may be lax (as evidenced by a lot of scooters and motorcycles on the sidewalk).
Can I share a metered parking spot?
According to Sargeant Price in "Friction Zone": "As for parking at a meter, a
motorcycle's rear tire or fender must touch the curb; and yes, you must pay for the
parking space you are using. If you share the space with another car, you could be subject
to citation." Technically, it sounds like two bikes sharing a metered stall would be
subject to citation if all vehicles are treated equally.
I have heard of cops ticketing bikes sharing
spaces, particular where riders congregate and where they want to
discourage this congregation. In one instance, the riders decided that
if the cops were going to ticket them for more than one bike per
space, then they were going to park one bike per space, which meant
many spaces in an already too-hard-to-park area were unnecessarily
consumed. The cops stopped the ticketing and the riders went back to
multiple bikes per spot. Sometimes, only sometimes, reason does
prevail.
Can my pet be a passenger?
According to 23117 (a), no person driving a motor vehicle can transport an animal unless that animal is secured in a manner which will prevent it from being thrown, falling or jumping from the vehicle. The good news is your dog doesn't need a helmet. The bad news is you're going to have to duct tape it to the seat.
What's the youngest passenger I can carry?
I didn't find a specific age requirement, but by virtue of the fact that every passenger on a motorcycle must keep his or her feet on the footrests indicates that a child would at least require legs long enough to reach the pegs (Section 27800).
What if an owner has raised the footpegs so a child can reach them? Well, there's always Section 21712 (b) which states that "No person shall ride on any vehicle or upon any portion thereof not designed or intended for the use of passengers." I suppose you can mount footpegs just about anywhere, but it can be argued that wherever you put them, its new location wasn't designed for the use of passengers. Could be the equivalent of sewing your own set of seatbelts in your car.
Are pocket bikes (mini bikes) legal on public streets?
No. Pocket bikes do not meet requirements for a vehicle
identification number and without it, they cannot be registered so that makes
them illegal on the streets. There's a misconception that if a vehicle is less
than a certain number of cubic centimeters, it's not subject to licensing. That
exclusion is only applicable for electric scooters, not gasoline-powered
vehicles. If you want to learn all about vehicle requirements, go ahead and slog
through Title 49
of the Code of Federal Regulations.
Can I smoke while I ride?
Section 23111 points out that no person in any vehicle may throw or discharge any lighted or nonlighted cigarette, cigar, match, or any flaming or glowing substance. The mere fact that the ash is coming off a cigarette and freely drifting into the great wide open could get the smoker a ticket. (Why would I ask this question? Because I
often see riders with open face helmets smoking, and it is a peculiar sight indeed.)
Can I wear tinted visors after sunset?
There are those occasions when the sun has set and we're still on the road wearing a tinted visor. Section 26708 addresses shading and tinting devices on windows, but there is nothing prohibiting the wearing of tinted visors after sunset. Same thing goes for sunglasses.
Can the highway patrol write me a ticket on city streets and can city cops write me a ticket on the freeway?
I posed this question to San Diego motorcyclists and the answer - backed by experience
- is "yes." Any law enforcement official can write you up for a moving violation anywhere they darn well please. There is no freeway vs. city streets jurisdiction. So the next time you see
San Diego's finest toodling down the freeway, don't blow by them thinking only the highway patrol has the legal right to ask you, "Son (or in my case the surprised Miss?), do you know why I pulled you over?"
Is doing a wheelie illegal?
I found no laws indicating that all wheels of a vehicle must remain in contact with the ground.
However, you might get tagged for reckless driving, even though reckless driving is something done in "willful or wanton disregard for the safety of persons or property." If you're really good at doing wheelies, it doesn't seem any more reckless than using one hand to steer the bike...but
ultimately, cops are allowed to use their discretion and if they want to cite you, they'll
find a way. (See section 23103 for the complete wording on reckless driving.)
Story from a reader (Chris Fitzsimmons): "I received a citation from a city cop about 5 years ago. The comments on the ticket said I raised my front tire from the ground. He got me for exhibition of speed. Because this is a misdemeanor and I did not want to lose my firearm permit (for my job at the time) I got an attorney. My attorney advised me to admit it and give the judge a sob story about the possibility of losing my job. The judge, in his good graces, reduced my charge to an infraction 'unsafe start' (whatever the hell that means)."
What can I legally toss out my vehicle window?
Yes, this isn't a motorcycle thing, but it's weird enough to mention. The only items sanctioned in the California Vehicle Code as those which can be legally discharged from a vehicle is clear water and feathers from live birds. Hey, don't dead birds lose their feathers, too?
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