California has put in place a complete set of bicycle legislation aimed at the protection of cyclists and safe sharing of roads by bicycles and motor vehicles. Whether you are a regular commuter, a weekend rider, or a recreational one, knowing these laws can help you remain safe, outsmart legal issues, and defend your rights in case of an accident.
This guide presents the major bike laws in California, such as helmet use requirements, road traffic rules, safety laws, and legal protections of cyclists.
Bicycles as Vehicles Under California Law
In California, bicycles are legally considered vehicles, meaning that cyclists have the same rights and responsibilities as motorists. Cyclists must obey traffic signals, stop signs, and all other road laws that apply to drivers unless a specific bicycle law states otherwise.
Where Can Cyclists Ride?
California law outlines specific rules regarding where bicycles can and cannot be ridden:
- Roadways: Cyclists can ride on most roads and highways, except where prohibited by signs.
- Bike Lanes: When available, cyclists must use a designated bike lane if moving slower than traffic unless they are:
- Avoiding hazards or debris
- Making a left turn
- Passing another cyclist or vehicle
- Approaching a place where right turns are allowed
- Sidewalks: Rules on riding bicycles on sidewalks vary by city. Some areas allow it, while others prohibit it, especially in business districts.
- Freeways: Bicycles are generally not allowed on freeways unless there is a specific sign permitting them.
Helmet Laws in California
- For Minors: Riders under the age of 18 are required to wear a helmet when riding a bicycle.
- For Adults: Helmets are not legally required for cyclists over 18, but wearing one is strongly recommended for safety.
Traffic Laws That Apply to Cyclists
Since bicycles are considered vehicles under California law, cyclists must follow general traffic laws, including:
- Obeying Traffic Signals and Signs: Cyclists must stop at red lights and stop signs, just like motorists.
- Right of Way Rules: Bicyclists must yield to pedestrians at crosswalks and follow the same right-of-way rules as other vehicles.
- Hand Signals for Turns: Cyclists must use hand signals to indicate turns and lane changes:
- Left arm extended straight out = left turn
- Left arm bent upward or right arm extended straight out = right turn
- Left arm bent downward = stopping or slowing down
- Speed Limits: Cyclists must travel at a safe speed and not ride recklessly.
- Riding in the Same Direction as Traffic: Bicycles must travel on the right side of the road and in the same direction as vehicle traffic.
Lights and Reflectors for Night Riding
California law requires bicycles to have proper lighting and reflectors when riding at night to ensure visibility. The legal requirements include:
- Front Light: A white light visible from at least 300 feet ahead.
- Rear Reflector: A red reflector visible from at least 500 feet.
- Pedal Reflectors: White or yellow reflectors on the pedals, visible from the front and rear.
Wheel Reflectors: White or yellow reflectors on the wheels for added visibility.
Is It Legal to Ride a Bicycle While Using Headphones?
California law prohibits cyclists from wearing headphones or earbuds in both ears while riding. However, using a single earbud or an open-ear headset is allowed.
Drunk or Impaired Cycling Laws
- Biking Under the Influence (BUI): It is illegal to ride a bicycle while under the influence of alcohol or drugs.
- Penalties for BUI: A BUI offense can result in a fine of up to $250. While a BUI does not lead to a DUI charge that affects a driver’s license, it can still be used against a cyclist in an accident claim.
Legal Protections for Cyclists in California
California law provides several legal protections for cyclists to help prevent accidents and ensure safer roads.
- Three Feet for Safety Act: Motorists must maintain a minimum distance of three feet when passing a bicyclist. If that distance is unsafe, the driver must slow down and pass only when it is safe.
- Right to the Full Lane: If a lane is too narrow for a bicycle and a car to share safely, cyclists can legally take the full lane for safety.
- Hit-and-Run Laws: Drivers who hit a cyclist and flee the scene face severe penalties, including criminal charges.
What Happens if a Cyclist Is Hit by a Car?
If a cyclist is injured in an accident due to a driver’s negligence, they have the right to seek compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Bicycle repairs or replacement
Cyclists should document the accident, gather evidence, and consult a bicycle accident lawyer to ensure they receive fair compensation.
Legal References:
- Espejo v. The Copley Press, Inc. (2017) 13 Cal.App.5th 329. See also ABC Test, California Department of Labor.
- California Labor Code 2775 LAB. See also California Civil Jury Instructions (CACI) No. 2705. See also, for example, Bowen v. Burns & McDonnell Engineering Co., Inc. (Cal.App. 2024) .
- California Labor Code 2775 LAB.
- California Labor Code 2775(b)(1)(A) LAB.
- Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (2018) 4 Cal.5th 903, 958. See also Vazquez v. Jan-Pro Franchising Internat. (2021) 10 Cal. 5th 944.
- Dynamex, supra note 5, citing Western Ports v. Employment Security Department (2002) 41 P.3d 510.
- Dynamex, supra note 5, citing Fleece on Earth v. Department of Employment & Training (2007) 181 Vt. 458.
- Dynamex, supra note 5, citing Great Northern Construction, Inc. v. Dept. of Labor (2016) 161 A.3d 1207.
- Dynamex, supra note 5, at 959-961.
- Dynamex, supra note 5, citing Dole v. Snell (10th Cir. 1989) 875 F.2d 802.
- Dynamex, supra note 5, at 959.
- Alamo Foundation v. Secretary of Labor (1985) 471 U.S. 290.
- Dynamex, supra note 5, at 961-3.
- Dynamex, supra note 5, at 962. Going into business for oneself often involves taking the following steps: incorporating as a business, advertising, obtaining any necessary business licenses, and making offers to provide business services to the public.
- Dynamex, supra note 5, citing Brothers Construction Co. v. Virginia Employment Commission (1998) 494 S.E.2d 478.
- Dynamex, supra note 5, citing Southwest Appraisal Group, LLC v. Administrator, Unemployment Comp. Act (2017) 155 A.3d 738.
- California Labor Code 2780 LAB. Examples include recording artists or their managers, songwriters, lyricists, composers, or proofers, record producers and directors, musical engineers and mixers, musicians and musical groups, vocalists, and photographers working in the music industry.
- California Labor Code 2782 LAB.
- California Labor Code 2783 LAB.
- Same.
- Same. The licensed professionals include lawyers, architects and landscape architects, engineers, accountants, and private investigators.
- Same.
- Same.
- Same.
- California Labor Code 2778 LAB.
- Same.
- Same.
- Same.
- Same.
- Same.
- California Labor Code 2776 LAB.
- California Labor Code 2777 LAB.
- California Labor Code 2778 LAB.
- California Labor Code 2779 LAB.
- California Labor Code 2781 LAB.
- S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Some of those factors of the Borello test are:
- whether the worker is in a distinct occupation or business,
- whether the type of work normally happens under the direction of the employer or by a specialist without supervision,
- how much skill is necessary for the work,
- who supplies the tools and workspace,
- whether or how much the worker invested in their tools or helpers,
- how long the services will be performed,
- whether the worker is compensable based on time spent on the job or upon the job’s completion,
- whether the work is within the purported employer’s regular business,
- whether the parties believe that they are creating an employer-employee relationship, and
- whether the worker can profit or lose from the work based on their managerial skill.
None of these factors are dispositive. - Same.
- Dynamex, supra note 5, at 954.
- Dynamex, supra note 5, at 956, footnote 23. Because the Dynamex decision changed independent contractor misclassification law, it had a huge impact on ridesharing companies like Uber and Lyft that rely on delivery drivers and taxi-like drivers.
- California Labor Code 2785 LAB.
- Daniel Wiessner, 9th Circuit weighs claims that Uber was targeted by Calif. contractor law, Reuters (March 20, 2024).
- California Code of Civil Procedure 338 CCP; California Code of Civil Procedure 337 CCP. While independent contractors do not enjoy these legal and financial benefits, they have more control in how they work. True independent contractors can: choose which days and hours to work, choose and use their own equipment, and take breaks whenever they want. Actual independent contractors only have to satisfy the companies that they contract with in the products and services that they provide. True independent contractors cannot be told how to provide them. They are central to the current gig economy. This is why independent contractor misclassification is a problem in employment law: Employers classify workers as independent contractors but treat them as employees. By doing so, they can control the work that is provided while also avoiding the legal obligations that are owed to employees.
- California Labor Code 226.8 LAB.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
