Comments on: I live a long way from Long Beach

By: Cyclelicious

Cyclelicious — Fri, 05 Nov 2010 18:51:00 +0000

The vehicle impound rules are spelled out in CVC 22651 through 22711. These are “Division 12” codes.

CVC 21200 says that bicycle riders are subject to the provisions of the California Vehicle Code in Divisions 10, 11, 16.7, 17, and 18. Division 12 codes are completely inapplicable. There’s zero authority in state law to impound bikes.

By: JustAnotherCyclist

JustAnotherCyclist — Fri, 05 Nov 2010 03:43:00 +0000

Interesting – I was not aware of that exclusion! I’m searching out a reference for that – any pointers you may have would be greatly appreciated.

By: Cyclelicious

Cyclelicious — Thu, 04 Nov 2010 22:18:00 +0000

The issue of bike confiscation is not from legalities regarding brakes, but from Long Beach’s lack of any legal authority to actually impound bikes. Under California law, when a police officer cites a driver for a vehicle equipment problem, the driver is allowed to drive the vehicle home. There are very specific rules under state law on how and when vehicles may be impounded (driver arrested, vehicle parked illegally, that kind of stuff), and the Long Beach equipment citations meet *none* of those requirements.

Furthermore, BICYCLES ARE SPECIFICALLY EXCLUDED FROM THE PROVISIONS OF CALIFORNIA’S VEHICLE IMPOUND LAW. The city of Long Beach acted completely outside of its legal authority in taking those bikes.