Have you ever heard of a Bicycle Driver License? No? As a cyclist you know you should “Share the Road,” and follow your states Motor Vehicle code. And like a motorist you can expect to be pulled over by a peace officer at some point for disobeying the law, for example, for running a stop sign, red light, or for not having a bike light while riding at night.
But did you know that you could be arrested and your bike impounded if a peace officer pulls you over, and asks you to produce a valid state-issued driver license, or state-issued ID, and you don’t have one in your possession? Don’t expect to be sent happily on your way for refusing to produce proper identification, or for claiming you don’t have one. This is a sure way of finding yourself behind bars and having your bike impounded, perhaps for an extended period of time.
Seth Davidson, Esq.- By Danny Munson (c) 2016
According to attorney Seth Davidson, of Seth Davidson Law; “California law requires users of motor vehicles to provide their license for examination upon demand of a peace officer enforcing the provisions of the California vehicle code. That’s section 12951(b), by the way. However, since a bicyclist is not a driver of a motor vehicle, you may think that you get a pass. You’d be wrong.”
Mr. Davidson, added that, “California law explicitly makes the vehicle code applicable to bicyclists. Section 21200(a) says that every person riding a bicycle upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle except those provisions which by their very nature can have no application. In other words, if the driver of a motor vehicle has to show his license or ID to a cop who’s enforcing the vehicle code, so do you.”
While technically there’s nothing called a “Bicycle Driver License,” according to Mr. Davidson, “…if you ever get pulled over for breaking the law and can’t produce satisfactory ID to the peace officer, you can be arrested and your bike impounded, which is an end-run around “no bike driving license required” because it does in effect require you to have a license in the form of acceptable identification.”
Keep this warning in mind the next time you go out for a bike ride. Carry your government issued state driver license or state issued ID and be prepared to present it to a peace officer when asked. That’s the law! Now go out and enjoy your ride!