Posted in California,Motorcycle Accidents,Personal Injury on October 9, 2017
As a motorcyclist in California, it’s your duty to know the laws that apply to you and obey them. It’s also your right to stand up for yourself when you know you were following the rules and still ended up in an accident. Having a thorough understanding of California’s motorcycle helmet law can give you confidence and control when you hit the open road and a solid foundation should you need to hire a Bakersfield motorcycle accident lawyer and file a personal injury claim. You’ll know exactly when you were in the right. Here’s an overview of what you should know.
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Do You Need a Helmet in California?
Yes. California is one of 19 states that require all motorcyclists to wear helmets. California Vehicle Code Section 27803 states that a driver and any passenger shall wear a helmet that meets federal safety standards when riding on a motorcycle, motor-driven cycle, or motorized bicycle. It is unlawful for a driver or a passenger not to wear a helmet at any time while on a motorcycle in California. The law applies to motorcyclists on rural and urban roads and highways. It is a statewide, universal law that applies to all ages.
“Wearing a safety helmet,” means the helmet must comply with federal laws, and fit snugly on your head. Look for the Department of Transportation (DOT) sticker when purchasing a helmet, or another indication that the manufacturer complied with federal safety standards in the creation of the helmet. The helmet must be of a size that fits the wearer’s head securely, without excessive movement, and fastened with helmet straps. The law does not apply to those on fully enclosed three-wheel motor vehicles over seven feet in length and four feet in width.
While California’s current law makes it mandatory for everyone to wear a motorcycle helmet, the law could be changing in the future. In 2011, Assemblyman Chris Norby introduced Assembly Bill 695. AB 695 proposes an amendment to the existing motorcycle helmet law, wherein a person who is 21 years or older who has either completed a safety training program or received authorization to operate the vehicle with a class M1 license or endorsement for two or more years would not have to wear a motorcycle helmet. This amendment is currently pending.
Penalties for Not Wearing a Helmet
Motorcyclists and their passengers can face fines and penalties for failing to wear approved helmets while operating in California. The law states that an enforcement officer has the right to either charge the individual with a simple equipment violation or a greater penalty. An equipment violation is a $10 fine with a proof of correction, according to the California Vehicle Code. The California Highway Patrol, however, states that a violation of the helmet law is an immediate safety hazard and is therefore not correctable.
If the officer were to follow the CHP’s guidelines, you could face up to $250 in fines and one year of probation. It’s largely up to the arresting officer, as the laws are unclear. Avoid any penalties and protect your personal safety by wearing a motorcycle helmet in California. It’s currently the law, and it could save your life.