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Helmet
Laws in California
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MANDATORY
MOTORCYCLE HELMET
LAW IN CALIFORNIA |
STATUTE:
California
Vehicle Code, Division
12, Chapter 5, Article
7, Section 27803.
"(a)
A driver and any
passenger shall wear a
safety helmet meeting
requirements
established pursuant
to Section 27802 when
riding on a
motorcycle,
motor-driven cycle, or
motorized bicycle.
"(b) It is
unlawful to operate a
motorcycle,
motor-driven cycle, or
motorized bicycle if
the driver or any
passenger is not
wearing a safety
helmet as required by
subdivision (a).
"(c) It is
unlawful to ride as a
passenger on a
motorcycle,
motor-driven cycles,
or motorized bicycle
if the driver or any
passenger is not
wearing a safety
helmet as required by
subdivision (a).
"(d) This section
applies to persons who
are riding on
motorcycles,
motor-driven cycles,
or motorized bicycles
operated on the
highways. "(e)
For the purposes of
this section, 'wear a
safety helmet' or
'wearing a safety
helmet' means having a
safety helmet meeting
the requirements of
Section 27802 (see
:Standards"
below) on the person's
head that is fastened
with the helmet straps
and that is of a size
that fits the wearing
person's head securely
without excessive
lateral or vertical
movement. "(f) In
enacting this section,
it is the intent of
the Legislature to
ensure that all
persons are provided
with an additional
safety benefit while
operating or riding a
motorcycle,
motor-driven cycle, or
motorized
bicycle."
FINE:
In
California . . .
it depends on who you
ask.
The
LAW says (in pertinent
part):
Section
40303.5:
"Whenever
any person is
arrested for any
of the following
offenses, the
arresting officer
shall permit the
arrested person to
execute a notice
containing a
promise to correct
the violation in
accordance with
the provisions of
40610 unless the
arresting officer
finds that any of
the disqualifying
conditions
specified in the
subdivision (b) of
Section 40610
exist: . . . (d)
Any infraction
involving
equipment set
forth in Division
12 (commencing
with Section
240000) . . .
(Note: which
includes section
27803, the helmet
law.)"
Section
40610(b) states:
"Pursuant
to subdivision
(a), a notice to
correct violation
shall be issued as
provided in this
section . . .
unless the officer
finds any of the
following:
"(1)
Evidence of
fraud or
persistent
neglect.
"(2) The
violation
presents an
immediate safety
hazard.
"(3) The
violator does
not agree to, or
cannot, promptly
correct the
violation."
Therefore,
a violation of
California's helmet law
is -- as a matter or Law
according to the
language of the statutes
-- an equipment
violation, and carries
with it only a need to
show "proof of
correction" and the
payment of a $10
fine. However, . . .
The
CHP (California Highway
Patrol) says:
CHP
Enforcement Bulletin
#42, issued in May,
1994, states that a
violation of CVC 27803
constitutes an
"immediate safety
hazard" and is
therefore not
correctable as
provided in Section
40303.5 (see above). The
California Judicial
Council affirmed this
edict, and for the most
part the California
courts pretty much
disregard everything but
the wishes of the CHP .
. . and that includes
disregarding the Law.
So,
the fine for violation
of California's helmet
law can be anything from
$10 and "proof of
correction" up to
$250.00 and one year's
probation. It all
depends on who you ask!
STANDARDS:
California
Vehicle Code, Division
12, Chapter 5, Article
7, Section 27802.
"(a)
The department may
adopt reasonable
regulations
establishing
specifications and
standards for safety
helmets offered for
sale, or sold, for use
by drivers and
passengers of
motorcycles and
motorized bicycles as
it determines are
necessary for the
safety of those
drivers and
passengers. The
regulations shall
include, but are not
limited to, the
requirements imposed
by Federal Motor
Vehicle Safety
Standard No. 218 (49
C.F.R. Sec. 571.218)
and may include
compliance with that
federal standard by
incorporation of its
requirements by
reference. Each helmet
sold or offered for
sale for use by
drivers and passengers
of motorcycles and
motorized bicycles
shall be conspicuously
labeled in accordance
with the federal
standard which shall
constitute the
manufacturer's
certification that the
helmet conforms to the
applicable federal
motor vehicle safety
standards. "(b)
No person shall sell,
or offer for sale, for
use by a driver or
passenger of a
motorcycle or
motorized bicycle any
safety helmet which is
not of a type meeting
requirements
established by the
department."
COURT
DECISIONS:
"
. . . it is clear the
law requires only that
the consumer wear a
helmet bearing a
certification of
compliance." Buhl
v. Hannigan 16 Cal.App.
4th 1612 (1993).
"
. . . the statement in
Buhl that consumer
compliance with the
state law only requires
the consumer to wear a
helmet bearing the DOT
self-certification
sticker does not apply
when a helmet has been
shown not to conform
with federal standards
and the consumer has
actual knowledge of this
fact." Bianco v.
California Highway
Patrol, 24 Cal.App. 4th
1113 (1994).
"The
courts held that
citations should only be
issued in two
situations: (1) when a
helmet was not certified
by the manufacturer at
the time of sale or (2)
when a rider wearing a
helmet certified by the
manufacturer at the time
of sale has actual
knowledge of a showing
of a determination of
non-conformity with
federal standards. . . .
or (3) Other competent
objective evidence from
independent laboratory
testing that the helmet
does not meet FMVSS
218." Easyriders v.
Hannigan (887 F.SUPP.
240).
CURRENT
ACTIVITY:
| AB
1200
- Helmet Mod
bill 18 and over
with medical
insurance.
Author:
Assemblyman John
Longville (D) of
Riverside. |
| |
Jan. 12, 2004 -
Failed Trans
Comm 9 to 10.
Needed 11 to
pass out of
committee.
Controversial
Organ donar
amendment was
struck prior to
vote per
Longville.
Mar. 06 -
Referred to Com.
on TRANS.
Feb. 24 - Read
first time.
Feb. 23 - From
printer. May be
heard in
committee March
25.
Feb. 21 -
Introduced. To
print. |
PAST
ACTIVITY:
May
30, 2002
- AB 2700 Helmet
Mod bill defeated in
House.
April
18, 2002
- HR 2700 -
Amended - with 1,000,000
insurance rider. Outrageous!
April
1, 2002 - HR 43
- Resolved that May 2002
deemed Motorcycle Safety
Awareness month.
Feb
22, 2002
- HR 2700 -
Introduced - Helmet Mod
Bill. 21 and over.
April
17, 2001 - SB 1057
- Helmet Mod Bill that
would limit the current
mandatory helmet
provisions to riders and
passengers 17 years of
age or less. | Bill Text
May
18, 1999 - SB 1197,
failed in the Senate
Trans Committee 3-yes to
2-no. Seven votes needed
to proceed. ABATE plans
to bring it back in
January.
AB
975,
the CMSP bill, is being
held in the Assembly
Appropriations Suspense
File, pending the
completion of the
budget, and is going to
be included in the State
Budget.
AB
1515,
Vet's motorcycle license
plates, passed out of
the Assembly on consent,
and is headed for Senate
Transportation, where it
will face a tough fight.
May
11, 1999 - SB 1197 -
Repeal Bill withdrawn by
ABATEPC.
Feb
26, 1999 - SB 1197
- A bill to repeal the
California Helmet Law
entirely. This is not a
modification bill.
Author: Senator Bill
Morrow. Principal
coauthors: Assembly
members Brett Granlund
(R) and Rico Oller (R),
Dennis Cardoza (D) and
Denise Ducheny (D).
SB
1197, as introduced,
Morrow. Motorcycles:
helmets. Under existing
law, it is unlawful for
any person to operate a
motorcycle, motor-driven
cycle, or motorized
bicycle if the driver or
any passenger is not
wearing a safety helmet.
Existing law also makes
it unlawful to ride as a
passenger on a
motorcycle if the driver
or any passenger is not
wearing a safety helmet.
This bill would repeal
these provisions. Vote:
majority. Appropriation:
no. Fiscal committee:
yes. State-mandated
local program: no.
STATE
WEBSITES:
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