California 2023-2024 Regular Session

California Senate Bill SB847 Latest Draft

Bill / Enrolled Version Filed 09/19/2023

                            Enrolled  September 19, 2023 Passed IN  Senate  September 14, 2023 Passed IN  Assembly  September 13, 2023 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 27802 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 847, 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.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 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.

 Enrolled  September 19, 2023 Passed IN  Senate  September 14, 2023 Passed IN  Assembly  September 13, 2023 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 27802 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 847, 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Enrolled  September 19, 2023 Passed IN  Senate  September 14, 2023 Passed IN  Assembly  September 13, 2023 Amended IN  Assembly  June 19, 2023

Enrolled  September 19, 2023
Passed IN  Senate  September 14, 2023
Passed IN  Assembly  September 13, 2023
Amended IN  Assembly  June 19, 2023

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Senate Bill 

No. 847

Introduced by Senator DahleFebruary 17, 2023

Introduced by Senator Dahle
February 17, 2023

 An act to amend Section 27802 of the Vehicle Code, relating to vehicles. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 847, 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 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.

## Digest Key

## Bill Text

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.

The people of the State of California do enact as follows:

## 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.

SECTION 1. Section 27802 of the Vehicle Code is amended to read:

### SECTION 1.

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.

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.

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.



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.