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| 1 | + | Amended IN Assembly June 19, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 847Introduced by Senator DahleFebruary 17, 2023 An act to amend Section 27803 27802 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 847, as amended, Dahle. Vehicles: motorcycle: safety helmet exception.Existing law authorizes the Department of the California Highway Patrol to adopt regulations establishing specifications and standards for safety helmets offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles. Existing law requires the regulations to include specified federal standards.This bill would authorize the department, notwithstanding the provisions mentioned above, to adopt a regulation certifying a helmet offered for sale, or sold, that substantially complies with, but does not meet, the requirements imposed by the specified federal standards if the helmet is designed for the purposes of compliance with a drivers or passengers religious beliefs or practices.Existing law requires a driver and a passenger to wear a safety helmet meeting certain requirements when riding on a motorcycle, motor-driven cycle, or motorized bicycle. This bill would exempt from this requirement a person who wears a turban or patka as an expression of the persons religious belief and practice when riding on a motorcycle, motor-driven cycle, or motorized bicycle.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 27802 of the Vehicle Code is amended to read: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 that shall constitute the manufacturers certification that the helmet conforms to the applicable federal motor vehicle safety standards.(b) No A person shall not sell, or offer for sale, for use by a driver or passenger of a motorcycle or motorized bicycle any safety helmet which that is not of a type meeting requirements established by the department.(c) Notwithstanding subdivision (a), the department may adopt a regulation certifying a helmet offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles that substantially complies with, but does not meet, the requirements imposed by the federal motor vehicle safety standards if the helmet is designed for the purposes of compliance with a drivers or passengers religious beliefs or practices.SECTION 1.Section 27803 of the Vehicle Code is amended to read: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 on the persons head that is fastened with the helmet straps and that is of a size that fits the wearing persons head securely without excessive lateral or vertical movement.(f)This section does not apply to a person operating, or riding as a passenger in, a fully enclosed three-wheeled motor vehicle that is not less than seven feet in length and not less than four feet in width, and has an unladen weight of 900 pounds or more, if the vehicle meets or exceeds all of the requirements of this code, the Federal Motor Vehicle Safety Standards, and the rules and regulations adopted by the United States Department of Transportation and the National Highway Traffic Safety Administration.(g)This section does not apply to a driver or passenger who wears a turban or patka as an expression of the persons religious belief and practice when riding on a motorcycle, motor-driven cycle, or motorized bicycle.(h)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. | |
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| 3 | + | Amended IN Assembly June 19, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 847Introduced by Senator DahleFebruary 17, 2023 An act to amend Section 27803 27802 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 847, as amended, Dahle. Vehicles: motorcycle: safety helmet exception.Existing law authorizes the Department of the California Highway Patrol to adopt regulations establishing specifications and standards for safety helmets offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles. Existing law requires the regulations to include specified federal standards.This bill would authorize the department, notwithstanding the provisions mentioned above, to adopt a regulation certifying a helmet offered for sale, or sold, that substantially complies with, but does not meet, the requirements imposed by the specified federal standards if the helmet is designed for the purposes of compliance with a drivers or passengers religious beliefs or practices.Existing law requires a driver and a passenger to wear a safety helmet meeting certain requirements when riding on a motorcycle, motor-driven cycle, or motorized bicycle. This bill would exempt from this requirement a person who wears a turban or patka as an expression of the persons religious belief and practice when riding on a motorcycle, motor-driven cycle, or motorized bicycle.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly June 19, 2023 | |
| 6 | 6 | ||
| 7 | - | Enrolled September 19, 2023 | |
| 8 | - | Passed IN Senate September 14, 2023 | |
| 9 | - | Passed IN Assembly September 13, 2023 | |
| 10 | 7 | Amended IN Assembly June 19, 2023 | |
| 11 | 8 | ||
| 12 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 13 | 10 | ||
| 14 | 11 | Senate Bill | |
| 15 | 12 | ||
| 16 | 13 | No. 847 | |
| 17 | 14 | ||
| 18 | 15 | Introduced by Senator DahleFebruary 17, 2023 | |
| 19 | 16 | ||
| 20 | 17 | Introduced by Senator Dahle | |
| 21 | 18 | February 17, 2023 | |
| 22 | 19 | ||
| 23 | - | An act to amend Section 27802 of the Vehicle Code, relating to vehicles. | |
| 20 | + | An act to amend Section 27803 27802 of the Vehicle Code, relating to vehicles. | |
| 24 | 21 | ||
| 25 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 23 | ||
| 27 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 25 | ||
| 29 | - | SB 847, Dahle. Vehicles: motorcycle: safety helmet exception. | |
| 26 | + | SB 847, as amended, Dahle. Vehicles: motorcycle: safety helmet exception. | |
| 30 | 27 | ||
| 31 | - | Existing law authorizes the Department of the California Highway Patrol to adopt regulations establishing specifications and standards for safety helmets offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles. Existing law requires the regulations to include specified federal standards.This bill would authorize the department, notwithstanding the provisions mentioned above, to adopt a regulation certifying a helmet offered for sale, or sold, that substantially complies with, but does not meet, the requirements imposed by the specified federal standards if the helmet is designed for the purposes of compliance with a drivers or passengers religious beliefs or practices. | |
| 28 | + | Existing law authorizes the Department of the California Highway Patrol to adopt regulations establishing specifications and standards for safety helmets offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles. Existing law requires the regulations to include specified federal standards.This bill would authorize the department, notwithstanding the provisions mentioned above, to adopt a regulation certifying a helmet offered for sale, or sold, that substantially complies with, but does not meet, the requirements imposed by the specified federal standards if the helmet is designed for the purposes of compliance with a drivers or passengers religious beliefs or practices.Existing law requires a driver and a passenger to wear a safety helmet meeting certain requirements when riding on a motorcycle, motor-driven cycle, or motorized bicycle. This bill would exempt from this requirement a person who wears a turban or patka as an expression of the persons religious belief and practice when riding on a motorcycle, motor-driven cycle, or motorized bicycle. | |
| 32 | 29 | ||
| 33 | 30 | Existing law authorizes the Department of the California Highway Patrol to adopt regulations establishing specifications and standards for safety helmets offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles. Existing law requires the regulations to include specified federal standards. | |
| 34 | 31 | ||
| 35 | 32 | This bill would authorize the department, notwithstanding the provisions mentioned above, to adopt a regulation certifying a helmet offered for sale, or sold, that substantially complies with, but does not meet, the requirements imposed by the specified federal standards if the helmet is designed for the purposes of compliance with a drivers or passengers religious beliefs or practices. | |
| 36 | 33 | ||
| 34 | + | Existing law requires a driver and a passenger to wear a safety helmet meeting certain requirements when riding on a motorcycle, motor-driven cycle, or motorized bicycle. | |
| 35 | + | ||
| 36 | + | ||
| 37 | + | ||
| 38 | + | This bill would exempt from this requirement a person who wears a turban or patka as an expression of the persons religious belief and practice when riding on a motorcycle, motor-driven cycle, or motorized bicycle. | |
| 39 | + | ||
| 40 | + | ||
| 41 | + | ||
| 37 | 42 | ## Digest Key | |
| 38 | 43 | ||
| 39 | 44 | ## Bill Text | |
| 40 | 45 | ||
| 41 | - | The people of the State of California do enact as follows:SECTION 1. Section 27802 of the Vehicle Code is amended to read: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 that shall constitute the manufacturers certification that the helmet conforms to the applicable federal motor vehicle safety standards.(b) A person shall not sell, or offer for sale, for use by a driver or passenger of a motorcycle or motorized bicycle any safety helmet that is not of a type meeting requirements established by the department.(c) Notwithstanding subdivision (a), the department may adopt a regulation certifying a helmet offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles that substantially complies with, but does not meet, the requirements imposed by the federal motor vehicle safety standards if the helmet is designed for the purposes of compliance with a drivers or passengers religious beliefs or practices. | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1. Section 27802 of the Vehicle Code is amended to read: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 that shall constitute the manufacturers certification that the helmet conforms to the applicable federal motor vehicle safety standards.(b) No A person shall not sell, or offer for sale, for use by a driver or passenger of a motorcycle or motorized bicycle any safety helmet which that is not of a type meeting requirements established by the department.(c) Notwithstanding subdivision (a), the department may adopt a regulation certifying a helmet offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles that substantially complies with, but does not meet, the requirements imposed by the federal motor vehicle safety standards if the helmet is designed for the purposes of compliance with a drivers or passengers religious beliefs or practices.SECTION 1.Section 27803 of the Vehicle Code is amended to read: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 on the persons head that is fastened with the helmet straps and that is of a size that fits the wearing persons head securely without excessive lateral or vertical movement.(f)This section does not apply to a person operating, or riding as a passenger in, a fully enclosed three-wheeled motor vehicle that is not less than seven feet in length and not less than four feet in width, and has an unladen weight of 900 pounds or more, if the vehicle meets or exceeds all of the requirements of this code, the Federal Motor Vehicle Safety Standards, and the rules and regulations adopted by the United States Department of Transportation and the National Highway Traffic Safety Administration.(g)This section does not apply to a driver or passenger who wears a turban or patka as an expression of the persons religious belief and practice when riding on a motorcycle, motor-driven cycle, or motorized bicycle.(h)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. | |
| 42 | 47 | ||
| 43 | 48 | The people of the State of California do enact as follows: | |
| 44 | 49 | ||
| 45 | 50 | ## The people of the State of California do enact as follows: | |
| 46 | 51 | ||
| 47 | - | SECTION 1. Section 27802 of the Vehicle Code is amended to read: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 that shall constitute the manufacturers certification that the helmet conforms to the applicable federal motor vehicle safety standards.(b) A person shall not sell, or offer for sale, for use by a driver or passenger of a motorcycle or motorized bicycle any safety helmet that is not of a type meeting requirements established by the department.(c) Notwithstanding subdivision (a), the department may adopt a regulation certifying a helmet offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles that substantially complies with, but does not meet, the requirements imposed by the federal motor vehicle safety standards if the helmet is designed for the purposes of compliance with a drivers or passengers religious beliefs or practices. | |
| 52 | + | SECTION 1. Section 27802 of the Vehicle Code is amended to read: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 that shall constitute the manufacturers certification that the helmet conforms to the applicable federal motor vehicle safety standards.(b) No A person shall not sell, or offer for sale, for use by a driver or passenger of a motorcycle or motorized bicycle any safety helmet which that is not of a type meeting requirements established by the department.(c) Notwithstanding subdivision (a), the department may adopt a regulation certifying a helmet offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles that substantially complies with, but does not meet, the requirements imposed by the federal motor vehicle safety standards if the helmet is designed for the purposes of compliance with a drivers or passengers religious beliefs or practices. | |
| 48 | 53 | ||
| 49 | 54 | SECTION 1. Section 27802 of the Vehicle Code is amended to read: | |
| 50 | 55 | ||
| 51 | 56 | ### SECTION 1. | |
| 52 | 57 | ||
| 53 | - | 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 that shall constitute the manufacturers certification that the helmet conforms to the applicable federal motor vehicle safety standards.(b) A person shall not sell, or offer for sale, for use by a driver or passenger of a motorcycle or motorized bicycle any safety helmet that is not of a type meeting requirements established by the department.(c) Notwithstanding subdivision (a), the department may adopt a regulation certifying a helmet offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles that substantially complies with, but does not meet, the requirements imposed by the federal motor vehicle safety standards if the helmet is designed for the purposes of compliance with a drivers or passengers religious beliefs or practices. | |
| 58 | + | 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 that shall constitute the manufacturers certification that the helmet conforms to the applicable federal motor vehicle safety standards.(b) No A person shall not sell, or offer for sale, for use by a driver or passenger of a motorcycle or motorized bicycle any safety helmet which that is not of a type meeting requirements established by the department.(c) Notwithstanding subdivision (a), the department may adopt a regulation certifying a helmet offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles that substantially complies with, but does not meet, the requirements imposed by the federal motor vehicle safety standards if the helmet is designed for the purposes of compliance with a drivers or passengers religious beliefs or practices. | |
| 54 | 59 | ||
| 55 | - | 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 that shall constitute the manufacturers certification that the helmet conforms to the applicable federal motor vehicle safety standards.(b) A person shall not sell, or offer for sale, for use by a driver or passenger of a motorcycle or motorized bicycle any safety helmet that is not of a type meeting requirements established by the department.(c) Notwithstanding subdivision (a), the department may adopt a regulation certifying a helmet offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles that substantially complies with, but does not meet, the requirements imposed by the federal motor vehicle safety standards if the helmet is designed for the purposes of compliance with a drivers or passengers religious beliefs or practices. | |
| 60 | + | 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 that shall constitute the manufacturers certification that the helmet conforms to the applicable federal motor vehicle safety standards.(b) No A person shall not sell, or offer for sale, for use by a driver or passenger of a motorcycle or motorized bicycle any safety helmet which that is not of a type meeting requirements established by the department.(c) Notwithstanding subdivision (a), the department may adopt a regulation certifying a helmet offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles that substantially complies with, but does not meet, the requirements imposed by the federal motor vehicle safety standards if the helmet is designed for the purposes of compliance with a drivers or passengers religious beliefs or practices. | |
| 56 | 61 | ||
| 57 | - | 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 that shall constitute the manufacturers certification that the helmet conforms to the applicable federal motor vehicle safety standards.(b) A person shall not sell, or offer for sale, for use by a driver or passenger of a motorcycle or motorized bicycle any safety helmet that is not of a type meeting requirements established by the department.(c) Notwithstanding subdivision (a), the department may adopt a regulation certifying a helmet offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles that substantially complies with, but does not meet, the requirements imposed by the federal motor vehicle safety standards if the helmet is designed for the purposes of compliance with a drivers or passengers religious beliefs or practices. | |
| 62 | + | 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 that shall constitute the manufacturers certification that the helmet conforms to the applicable federal motor vehicle safety standards.(b) No A person shall not sell, or offer for sale, for use by a driver or passenger of a motorcycle or motorized bicycle any safety helmet which that is not of a type meeting requirements established by the department.(c) Notwithstanding subdivision (a), the department may adopt a regulation certifying a helmet offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles that substantially complies with, but does not meet, the requirements imposed by the federal motor vehicle safety standards if the helmet is designed for the purposes of compliance with a drivers or passengers religious beliefs or practices. | |
| 58 | 63 | ||
| 59 | 64 | ||
| 60 | 65 | ||
| 61 | - | 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 that shall constitute the manufacturers certification that the helmet conforms to the applicable federal motor vehicle safety standards. | |
| 66 | + | 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 that shall constitute the manufacturers certification that the helmet conforms to the applicable federal motor vehicle safety standards. | |
| 62 | 67 | ||
| 63 | - | (b) A person shall not sell, or offer for sale, for use by a driver or passenger of a motorcycle or motorized bicycle any safety helmet that is not of a type meeting requirements established by the department. | |
| 68 | + | (b) No A person shall not sell, or offer for sale, for use by a driver or passenger of a motorcycle or motorized bicycle any safety helmet which that is not of a type meeting requirements established by the department. | |
| 64 | 69 | ||
| 65 | 70 | (c) Notwithstanding subdivision (a), the department may adopt a regulation certifying a helmet offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles that substantially complies with, but does not meet, the requirements imposed by the federal motor vehicle safety standards if the helmet is designed for the purposes of compliance with a drivers or passengers religious beliefs or practices. | |
| 71 | + | ||
| 72 | + | ||
| 73 | + | ||
| 74 | + | ||
| 75 | + | ||
| 76 | + | (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. | |
| 77 | + | ||
| 78 | + | ||
| 79 | + | ||
| 80 | + | (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). | |
| 81 | + | ||
| 82 | + | ||
| 83 | + | ||
| 84 | + | (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). | |
| 85 | + | ||
| 86 | + | ||
| 87 | + | ||
| 88 | + | (d)This section applies to persons who are riding on motorcycles, motor-driven cycles, or motorized bicycles operated on the highways. | |
| 89 | + | ||
| 90 | + | ||
| 91 | + | ||
| 92 | + | (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 on the persons head that is fastened with the helmet straps and that is of a size that fits the wearing persons head securely without excessive lateral or vertical movement. | |
| 93 | + | ||
| 94 | + | ||
| 95 | + | ||
| 96 | + | (f)This section does not apply to a person operating, or riding as a passenger in, a fully enclosed three-wheeled motor vehicle that is not less than seven feet in length and not less than four feet in width, and has an unladen weight of 900 pounds or more, if the vehicle meets or exceeds all of the requirements of this code, the Federal Motor Vehicle Safety Standards, and the rules and regulations adopted by the United States Department of Transportation and the National Highway Traffic Safety Administration. | |
| 97 | + | ||
| 98 | + | ||
| 99 | + | ||
| 100 | + | (g)This section does not apply to a driver or passenger who wears a turban or patka as an expression of the persons religious belief and practice when riding on a motorcycle, motor-driven cycle, or motorized bicycle. | |
| 101 | + | ||
| 102 | + | ||
| 103 | + | ||
| 104 | + | (h)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. |