Appellate court decision interpreting CVC sections 231, 21200, and 24016

[William Hooper]

The Court of Appeal for the Sixth Appellate District (which covers
Monterey, San Benito, Santa Clara, and Santa Cruz counties) recently
issued an opinion interpreting California Vehicle Code sections 231,
21200, and 24016, relating to bicycles and electric bicycles.

The California DMV and a trial court had found that section 13353,
requiring driver's license suspension for refusing an alcohol test,
applied to a person riding a class 2 electric bicycle. The appellate
court reversed, holding in essence that the words "An electric bicycle
is a bicycle" in section 231 and "an electric bicycle is not a motor
vehicle" in section 24016 mean what they say, and that section 21200
doesn't apply the entire Vehicle Code to bicycle riders but instead
applies only the divisions and sections it specifies.

The case is Beale v. Dept. of Motor Vehicles, H052612, decided May 21:

https://www4.courts.ca.gov/opinions/documents/H052612.PDF

I learned of it from an article in the Metropolitan News-Enterprise, "No
Driver's License Suspension for Man Who Rode Electric Bicycle While
Intoxicated—C.A.," May 26:

http://www.metnews.com/articles/2026/licensesuspension_05262026.htm

William Hooper

[Serge Issakov]

That “interpretation” makes perfect sense to me. It’s not even an interpretation. It’s simply stating what these sections clearly say. 

Serge

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[Clinton Sandusky]

Thanks for sharing this! I'm not surprised.

Of course, and was stated in the Appeal Courts' decision, there is also California Code, VEH 21200.5. which in part says:

• "Any person arrested for a violation of this section may request to have a chemical test made of the person’s blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person’s blood..." Meaning law enforcement cannot require a bicyclist to take a test!

Also, within the CVC anytime the term "motor vehicle" appears it does NOT apply to bicycles or electric bicycles (including as noted in CVC 24016 (b)).

Conclusion, both DMV personnel and the arresting officer were stupid as to what a legally compliant electric bicycle is, DUI laws, and the officer's legal authority!

I've always said that sometimes we need to "educate the enforcers!"

Clint

Retired LEO, Police Cyclist & Instructor

E-Bike Expert, Educator, Instructor, Author & Consultant

CABO, District 8 Rep,

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