This summer, a local television news station set up shop on Market Street in San Francisco to witness how often cyclists and scooter riders were taking up space on sidewalks reserved for pedestrians. It turned out to be often – like shooting fish in a barrel, the reporter wrote.
“A couple of times from behind me. Oh, where did that come from?” Lloyd Sparks, a pedestrian, told ABC7 about how he’s “constantly” startled by cyclists and scooter riders.
The news station points out, correctly, that in San Francisco city limits, it’s not legal to ride a bicycle on the sidewalk. Still, it’s a common sight. For some cyclists, riding on the sidewalk feels like a safer option than the city’s busy streets.
“When the bus is coming from this way you have to be careful about that and the bus is coming next to you, you have to be careful about that,” cyclist Abdo Dalali explained to the news station. Many share his sentiment. Even roads with bike lanes can feel dangerous when cars crowd the lane, fail to look when turning, and rideshare cars pull over and block the right of way.
While the rules in San Francisco are fairly straightforward, there are some myths that are often associated with riding a bicycle on the sidewalk. While some, like Dalali, see the sidewalk as a safer option, others are simply not aware of the rules, how they change from place to place, and what state law says.
The ABC7 report noted they did not witness any enforcement while they camped out on Market Street, but that doesn’t mean it doesn’t happen and that it won’t to you as a cyclist. Here’s what you need to know about the facts of local law and how they pertain to cyclists.
Myth Number One: There are no legal ramifications
It seems like a simple action, and if nobody is injured, how could a crime be committed? Unfortunately, being caught riding a bicycle on the sidewalk may come with a ticket and a fine. Depending on where you are, the fines and legal ramifications for riding a bicycle on the sidewalk may differ.
For example, in San Francisco city limits, cycling on the sidewalk is not permitted anywhere (SF Transportation Code Sec. 7.2.12.) But in other municipalities across the region – and the state – rules are different. In San Jose, for example, a local ordinance bans adults cycling on sidewalks in business districts.
Myth Number Two: State law dictates sidewalk cycling laws
While there is a state law regarding sidewalks and cyclists, it’s not as helpful as you might expect. The California Vehicle Code (CVC) §21206 says that it is up to city and county governments to establish and enforce laws of bicycles in pedestrian areas.
Ultimately, wherever you are riding, you’ll have to look to local law for guidance. This also means that you cannot receive a punishment from the state for riding on the sidewalk. Rather, local police will be the ones writing tickets and local justice systems will act as the prosecution. It’s much like receiving a ticket from your local police department. Municipalities often have different rules, so if you’re riding across jurisdictions, it’s a good idea to know the rules in each place.
Myth Number Three: Kids must always ride on the street, too
Like many places across the state, in San Francisco children under the age of 18 are allowed to ride on the sidewalk. However, if you are riding with children, make sure to be aware of your surroundings and make sure the sidewalk is indeed safer than the street. Busy sidewalks full of pedestrians may not be safe for older children, especially if they are riding fast or don’t have strong riding skills.
Myth Number Four: It’s the safest option
Fear of drivers and cars is one of the top reasons why people steer clear of cycling in the Bay Area. In 2017, SFMTA published a survey to better understand the attitudes of San Franciscans on cycling. The agency unveiled that nearly one-third of survey respondents said they can bike, but opt not to in San Francisco. Over half of those surveyed said they didn’t feel safe riding a bicycle near traffic and 70% cited traffic safety concerns as a reason why they don’t bike.
Our streets can be congested, hectic, and even dangerous to cyclists – but sidewalks can be, too. Pedestrians don’t often expect cyclists to be on the sidewalk – because it isn’t generally allowed – and so they aren’t watching for them as closely as a car might be on a road where cyclists are expected to be. Additionally, traffic in and out of businesses can cause hazards for cyclists.
This isn’t to say that roads don’t pose a danger, but the possibility of being involved in a crash still exists on a sidewalk, and you may be more likely to cause it. In municipalities where cyclists are allowed on sidewalks, it’s important to weigh the risks of the sidewalk versus the street. It’s not always a clear cut decision, so be sure to stay alert and focus on your surroundings.
Five: You don’t need a lawyer challenging a ticket
The truth is that the legal system is a complex thing and having an expert who knows the ins and outs, particularly in relation to laws that affect cyclists, can be extremely beneficial. Even with tickets for riding a bicycle on the sidewalk, there are nuances and considerations that vary from case to case.
If you are facing a penalty from riding on the sidewalk and want to challenge it, reach out to Bay Area Bicycle Law today for a free consultation. We’ll discuss the case and your options. Call (415) 466-8717 to get started.