1.6 What is a unicycle under the law?
Description
This article is from the Unicycling FAQ, by Beirne Konarski with numerous contributions by others.
1.6 What is a unicycle under the law?
Note: These are the opinions of laymen, and should not be considered legal
advice.
United Kingdom
Someone recently posted on uk.rec.cycling implying that it is legal to ride
a bicycle on the pavement (US Sidewalk) as long as the wheel size doesn't
exceed 20". This got me wondering whether it was true, and if so what the
implications might be for unicyclists. So, it was back to the library to
look through the law books.
The Highway Code goes through the cycling laws and makes it fairly clear
that there should be no problem with riding on the road. But forget about
The Highway Code, what it *doesn't* give is a legal definition of a cycle.
That's what I managed to find:
'"Cycle" means a bicycle, tricycle, or cycle having four or more wheels, not
being in any case a motor vehicle.'
So cycle laws don't cover a unicycle. There is nothing about unicycles
anywhere in the road traffic legislation. I'm not going to wade through the
whole of English law looking for any reference to unicycling, so if anyone
knows of a reference elsewhere I'd be interested. It seems that it is quite
legal to ride a unicycle on the pavement in England. Does anyone know what
the law says in the rest of the UK?
If anyone fancies getting a copy of this definition (you never know when it
might be useful), my source is:
Halsbury's Laws of England, 4th edn, vol. 40 (Road Traffic), published in
1983 by Butterworths, London.
Danny Colyer/bs1dwc@bath.ac.uk
New Zealand
Before starting Unicycling New Zealand back in March 1993, I approached
Transit NZ to find out the real truth about unicycling in this country...
Several letters between myself and the Minister of Transport brought us both
to the following conclusion...
A bicycle, by NZ law, must have AT LEAST TWO wheels. ...well, that rules out
a standard unicycle instantly!
So was it a toy? In the book of NZ road religion, a toy may have a wheel
diametre no larger than 355mm (14inches) INCLUDING any tyre. ...rules out
the standard uni again!
therefore we came to the conclusion that in NZ, the unicycle, fell in to the
category of a "vehicle" by default. this means it is quite legal to ride the
unicycle on the roads, as you would any vehicle in this country,
accommodating the laws of hand signals at all times, and lights at night,
etc. No helmet is required (as compulsory with a bicycle in this country),
no brakes or steering etc.
I guess we are lucky as I believe unicycling is not cool with authorities in
some states in America... wot a bummer!
Ross Mackintosh romack@hn.planet.gen.nz
California
In California a bicycle can have one wheel, but it must also have gears, a
belt, or a chain, which means that a standard unicycle is not a bicycle.
From the "Words and Phrases Defined" division of the California Vehicle Code
(http://www.leginfo.ca.gov/.html/veh_table_of_contents.html):
231. A bicycle is a device upon which any person may ride,
propelled exclusively by human power through a belt, chain, or gears,
and having one or more wheels. Persons riding bicycles are subject
to the provisions of this code specified in Sections 21200 and 21200.5.
This definition does include giraffe unicycles, however, which is
unfortunate because elsewhere the law requires that bicycles be able to
leave skid marks when braking. Whether multi-wheel unicycles (in which only
one wheel touches the ground, but the wheels turn against each other to
propel the bottom wheel) are bicycles is an open issue.
A rider on a standard unicycle appears to be a pedestrian. Here is the
definition of a pedestrian in California, again from the California Vehicle
Code:
467. (a) A "pedestrian" is any person who is afoot or who is using
a means of conveyance propelled by human power other than a bicycle.
(b) "Pedestrian" includes any person who is operating a
self-propelled wheelchair, invalid tricycle, or motorized quadricycle
and, by reason of physical disability, is otherwise unable to move
about as a pedestrian, as specified in subdivision (a).
Several years ago the Gonzo Unicycle Madness club at Harvey Mudd College
(Claremont, CA) put the legal definitions of the bicycle and pedestrian on
their club shirts, with the title "Unicycling is not a Crime".
Beirne Konarski
Jennie Hango
Craig Rogers
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