CVC 21712(a) - Unlawful Riding or Towing - Fine & Points

Understanding California Vehicle Code 21712(a)

What Is CVC 21712(a)?

California Vehicle Code Section 21712(a) addresses two distinct unsafe practices on public roads. First, it prohibits any person from riding on a vehicle or upon any portion of a vehicle not designed or intended for the use of passengers. Second, it prohibits any person from being drawn or towed by a vehicle while riding on a bicycle, skateboard, sled, skates, toy vehicle, or similar device.

This law exists to prevent dangerous behaviors that put both the person engaging in the activity and other road users at risk. The statute recognizes that vehicles have designated passenger areas for safety reasons, and that being towed while on wheeled or sliding devices creates unpredictable and hazardous situations on public roads.

Common Violations Under This Code

Riding on vehicle portions not designed for passengers includes sitting on the hood, roof, trunk, or tailgate of a moving vehicle. It also covers riding in the bed of a pickup truck without proper seating in certain circumstances, or hanging onto the outside of a vehicle while it is in motion.

Being towed or drawn by a vehicle includes holding onto a car while skateboarding, being pulled on roller skates behind a vehicle, or having a rope attached from a bicycle to a moving car. These activities are sometimes called "skitching" and are extremely dangerous.

Law enforcement officers cite this violation when they observe these unsafe practices occurring on public roads and highways.

Financial Consequences

The base fine for violating CVC 21712(a) is $35. However, California adds numerous fees, assessments, and surcharges to every traffic violation. These additional costs typically include state and county penalty assessments, court operations assessments, conviction assessments, and other fees.

After all assessments are added, the total amount you must pay usually ranges from $200 to $300 or more. The exact amount varies by county because some counties add local assessments. Your citation should show the total bail amount, which is what you would pay if you simply pay the ticket without contesting it.

These fees are mandatory and cannot be waived except in cases of demonstrated financial hardship, where a payment plan or reduction might be available through the court.

DMV Points and Your Driving Record

A conviction under CVC 21712(a) results in 1 point being added to your California DMV driving record. This point remains on your record for 36 months from the violation date.

Accumulating points can have serious consequences. If you accumulate 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months, the DMV may declare you a negligent operator and suspend your driving privilege.

The point will be visible to your insurance company when they review your driving record. Insurance companies typically review records at policy renewal time and may increase your premiums based on points and convictions.

Insurance Impact

Most insurance companies consider a moving violation with a point as a risk factor. Your insurance rates may increase following a conviction under CVC 21712(a). The increase varies by insurance company and your overall driving history.

Rate increases can last for three to five years, depending on your insurance company's policies. Over this period, you might pay hundreds or even thousands of dollars more in premiums.

Completing traffic school, when eligible, can help prevent your insurance company from seeing the conviction, potentially avoiding rate increases.

Traffic School Eligibility

California allows eligible drivers to attend traffic school to mask a point from insurance companies. If you complete an approved traffic school course, the DMV still records the conviction, but the point is confidential and not reported to insurance companies.

To be eligible for traffic school, you must have a valid driver's license, the violation must not be excluded by law, and you must not have attended traffic school for another violation within the past 18 months. The court has discretion to grant or deny traffic school.

You typically must request traffic school before your court deadline, pay the full fine plus a traffic school administrative fee (usually $50-65), and complete the course within the time allowed by the court (usually 60-90 days).

What to Check on Your Citation

Carefully review your citation for accuracy. Check that your name, address, and driver's license number are correct. Verify the violation code is listed as 21712(a) and not a different section.

Note the date, time, and exact location of the alleged violation. Check whether the officer described the specific conduct in the narrative section. Look for the courthouse address and your appearance or due date.

Any errors on the citation could be relevant to your defense, though minor clerical errors typically do not invalidate a citation.

Evidence to Gather

If you plan to contest the citation, gather evidence as soon as possible. Take photographs of the vehicle involved, showing the seating arrangements and any relevant features. If there were witnesses who can support your version of events, get their contact information and written statements.

If the citation involves a misunderstanding about where you were positioned in or on the vehicle, photographs and diagrams can be helpful. For example, if you were properly seated in the bed of a pickup truck in a manner that was legal, documentation of the seating arrangement matters.

Keep any documentation related to the vehicle, such as registration and photographs showing the interior or exterior configuration. If the officer's description of events is inaccurate, your own written account created soon after the incident can be valuable.

Your Options Before Paying

When you receive a citation for CVC 21712(a), you have several options. You are not required to simply pay the fine. Paying the fine is an admission of guilt and results in a conviction on your record.

Your options typically include: paying the fine (pleading guilty), pleading guilty and attending traffic school if eligible, pleading not guilty and requesting a trial, or requesting a Trial by Written Declaration.

Each option has different consequences and procedures. You must act before the deadline on your citation, or the court may issue a hold on your driver's license and add additional fees.

Trial by Written Declaration

California law allows you to contest most traffic violations through a Trial by Written Declaration under CVC 40902. This process allows you to submit your defense in writing without appearing in court.

To request this option, you must submit the proper form, pay bail (the full fine amount, which is refunded if you win), and provide your written statement explaining why you are not guilty. The officer submits a written statement as well, and a judge reviews both and issues a written decision.

If you lose the Trial by Written Declaration, you can request a new trial (trial de novo) and appear in court for a regular trial. This gives you two opportunities to contest the citation. Many drivers find this process more convenient than taking time off work for a court appearance.

Possible Defenses

Defenses to CVC 21712(a) depend on the specific circumstances. You might argue that you were in a portion of the vehicle that was designed for passengers. For example, properly seated in the bed of a pickup with appropriate seating might not violate the statute depending on the circumstances.

You might present evidence that you were not actually riding on the vehicle or being towed as the officer claimed. Mistaken identity or misperception by the officer could be relevant.

You might argue that the activity did not occur on a highway as defined by California law. The statute applies to highways, which is broadly defined but does not include purely private property.

Necessity or emergency could potentially be a defense if you can show that the conduct was required to avoid imminent harm.

Court Procedures

If you choose to contest the citation in court, you will need to appear on the date specified or request a Trial by Written Declaration. At an in-person trial, the officer must appear and testify. You have the right to cross-examine the officer and present your own testimony and evidence.

The burden of proof is on the prosecution to prove beyond a reasonable doubt that you violated the law. Traffic court operates more informally than criminal court, but the same basic rights apply.

If you lose at trial, you will be required to pay the full fine and will receive the point on your record. Some courts may still allow traffic school after a trial, but this is at the court's discretion.

Long-Term Considerations

A conviction under CVC 21712(a) becomes part of your permanent driving record. While the point drops off after 36 months, the conviction itself remains on your record for longer.

For commercial drivers, any moving violation can have serious employment consequences. Even one point can affect your insurability and employment status.

Multiple violations over time can lead to negligent operator treatment by the DMV, resulting in license suspension. Taking traffic violations seriously and addressing them properly protects your driving privilege and your finances.

Getting Help

You have the right to represent yourself in traffic court. You also have the right to hire an attorney, though this is not required for infractions. Some drivers hire traffic attorneys who specialize in fighting tickets.

The court clerk cannot give legal advice but can provide information about procedures and deadlines. Many courts have information on their websites about how to handle traffic citations.

If you cannot afford the fine, you may be able to request a payment plan or, in cases of true financial hardship, a fine reduction. You must make this request to the court and provide financial documentation.

Prevention

The best way to avoid a citation under CVC 21712(a) is to always ride inside vehicles in designated passenger areas with proper restraints. Never ride on the hood, roof, trunk, or tailgate of a moving vehicle.

Never allow yourself to be towed by a vehicle while on a skateboard, bicycle, skates, or similar device, no matter how fun or convenient it might seem. These activities are dangerous and illegal on public roads.

If you need to transport passengers, ensure your vehicle has adequate seating and that all passengers use seat belts or appropriate restraints. If you need to transport cargo in a pickup bed, secure it properly and do not ride with it while the vehicle is moving.