Vehicle Code § 21710 CVC – Coasting in Neutral in California

Vehicle Code 21710 CVC is the California statute that makes it a traffic violation for a driver to coast in neutral while going downhill. The law applies to both commercial drivers and non-commercial drivers. A violation of the code section is charged as an infraction and results in a traffic ticket in the amount of $238.

CVC 21710 states that “the driver of a motor vehicle when traveling on down grade upon any highway shall not coast with the gears of such vehicle in neutral.”

Examples of illegal acts

• driving a car down a Los Angeles hill and putting the gear in neutral.
• overtaking a vehicle while on a down grade and putting the car in neutral.
• going down a San Diego roadway, that is on a decline, and switching the vehicle into neutral to conserve gas.

Defenses

A defendant can raise a legal defense to challenge a moving violation under this statute. Common defenses include the defendant showing that:

• he/she was not on a downhill,
• the police made an error in giving the ticket, and/or
• he/she was on private property.

Penalties

A violation of California Vehicle Code 21710 is charged as an infraction. An infraction is a less severe crime than a misdemeanor or a felony.

The offense is punishable by a traffic ticket in the amount of $238.

Note that a penalty for some California traffic offenses is that the DMV charges a driver with a point against his or her driver’s license. However, a violation of this law results in no points on a motorist’s driving record.

This is a good thing since the accumulation of points can lead to:

• a license suspension,
• the revocation of driving privileges, or
• the California DMV declaring a driver a negligent operator.

Our California auto accident attorneys will highlight the following in this article:

• 1. When is coasting in neutral illegal in California?
• 2. Can I challenge a CVC 21710 citation?
  • 2.1. Not on a downhill
  • 2.2. Police error
  • 2.3. Private property
• 3. How much is the fine?
• 4. What happens if a motorist ignores a ticket?
• 5. How does violating this section affect a personal injury lawsuit?
• 6. Are there California laws related to this code section?
  • 6.1. Illegal U-turns in a business district – CVC 22102
  • 6.2. Failure to yield when making a left turn or a U-turn – CVC 21801
  • 6.3. Disobeying a sign, signal, or traffic control device – CVC 38300

1. When is coasting in neutral illegal in California?

Vehicle Code 21710 says that it is illegal for a driver of a vehicle to put the car in neutral when going down a hill.¹

The reason for the law is that coasting down a hill is unsafe as it prevents a motorist from making a sudden movement to avoid a hazard or emergency. Coasting also restricts one from braking.

Note that drivers often get cited for breaking this law along with other traffic offenses, including:

• DUI, and
• violating a speed limit.

Note, too, that this statute applies to both drivers of commercial vehicles and drivers of non-commercial vehicles.

2. Can I challenge a CVC 21710 citation?

Criminal defense attorneys, and law firms, use different legal strategies to challenge allegations of breaking these laws. Some include showing that:

1. the defendant was not traveling down a hill.
2. the police made an error.
3. an accused was on private property.

2.1. Not on a downhill

A driver is only guilty under this statute if he or she was traveling on a “downgrade.” This means going down a hill or a decline. A defense, therefore, is for an accused to say that he/she was in neutral going:

• uphill, or
• on a level section of roadway.

2.2. Police error

It is difficult for authorities to determine what gear a driver is operating a car in. This means there is the opportunity for police to “get it wrong” when they assert that a driver was in neutral on a downhill. A defense, then, is for an accused to say that the police issued a ticket in error as they made a mistake in their observations or conclusions.

2.3. Private property

This statute only applies to public roadways. A driver, therefore, cannot be guilty of coasting in neutral if he or she was operating a vehicle on private property.

3. How much is the fine?

A violation of CVC 21710 results in a traffic ticket in the amount of $238.

No points, though, get placed on a motorist’s driving record. This is good since DMV points can lead to:

• a driver’s license getting suspended, or
• the revocation of driving privileges.

A motorist who violates this statute may be eligible for traffic school.

4. What happens if a motorist ignores a ticket?

A driver cannot ignore a traffic ticket.

Ignoring a ticket results in a new crime, “failure to appear,” per Vehicle Code 40508 CVC.

If a person is issued a traffic ticket in California, he/she must sign a written promise to appear in court.

A party commits a crime if he/she willfully breaks this promise and fails to show in court while ignoring a ticket.²

The offense in question is charged as a misdemeanor. The crime is punishable by:

• custody for six months in county jail (as opposed to state prison), and/or
• a fine of up to $1,000.³

5. How does violating this section affect a personal injury lawsuit?

A driver that coasts in neutral runs the risk of causing an accident with another car (e.g., in a rear-end collision). If so, and the other driver suffers injuries in the accident, he/she can later file a personal injury lawsuit against the coasting motorist.

In this suit, the at-fault driver may be found “negligent.” Negligence means that the driver:

• is liable for the injuries, and
• must compensate the plaintiff for any injuries that he/she suffered.

California law says that a driver is “negligent per se” if he/she violates a statute. In the context of CVC 21710, this means a driver would be negligent per se in an accident if he/she:

1. caused the accident and injured another party, and
2. was coasting in neutral in violation of the statue.

6. Are there California laws related to this code section?

There are three offenses related to coasting in neutral. These are:

1. illegal U-turns – CVC 22101,
2. failure to yield when making a left turn or a U-turn – CVC 21801, and
3. disobeying a sign, signal, or traffic control device – CVC 38300.

6.1. Illegal U-turns in a business district – CVC 22102

Vehicle Code 22102 CVC makes it illegal for a person to make a U-turn in a business district, except at an opening or intersection where authorized.

Unlike coasting in neutral, a violation of this law results in one point against the offender’s driver’s license.

6.2. Failure to yield when making a left turn or a U-turn – CVC 21801

Vehicle Code 21801 CVC is the California statute that applies when a driver is turning left or completing a U-turn to the left and is facing oncoming traffic. The law says that a motorist in this situation must yield the right-of-way to approaching traffic up until he/she can complete the turn with reasonable safety.

As with a CVC 21710 violation, breaking this law means a ticket and a fine of $238.

6.3. Disobeying a sign, signal, or traffic control device – CVC 38300

Vehicle Code 38300 CVC is the California statute that makes it an offense for a driver to disobey any:

• traffic sign,
• signal, or
• traffic control device.

Some examples of “signs, signals, and devices” are:

• stop signs,
• red lights,
• speed limits (e.g., trucks speeding over 55 miles per hour), and
• do not enter signs.

Unlike a coasting in neutral charge, a ticket under this statute will result in one DMV point.

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