Bill Text: CA AB1205 | 2009-2010 | Regular Session | Introduced

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Bill Title: Vehicles: motorcycles: safety helmets: exceptions.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1205 Detail]

Download: California-2009-AB1205-Introduced.html

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BILL NUMBER: AB 1205	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Logue
   (Coauthors: Assembly Members Adams, Duvall, Garrick, and Miller)
   (Coauthors: Senators Denham, Ducheny, and Huff)

                        FEBRUARY 27, 2009

   An act to amend Section 27803 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1205, as introduced, Logue. Vehicles: motorcycles: safety
helmets: exceptions.
   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 driver who is 18
years of age or older who has either completed a motorcyclist safety
training program, or has been issued a class M1 license or
endorsement, or a comparable license from another jurisdiction, for 2
years or more.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
   AB 1205, as introduced, Logue. Vehicles: motorcycles: safety
helmets: exceptions.
   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 driver who is 18
years of age or older who has either completed a motorcyclist safety
training program, or has been issued a class M1 license or
endorsement, or a comparable license from another jurisdiction, for 2
years or more.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
   AB 1205, as introduced, Logue. Vehicles: motorcycles: safety
helmets: exceptions.
   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 driver who is 18
years of age or older who has either completed a motorcyclist safety
training program, or has been issued a class M1 license or
endorsement, or a comparable license from another jurisdiction, for 2
years or more.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
   AB 1205, as introduced, Logue. Vehicles: motorcycles: safety
helmets: exceptions.
   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 driver who is 18
years of age or older who has either completed a motorcyclist safety
training program, or has been issued a class M1 license or
endorsement, or a comparable license from another jurisdiction, for 2
years or more.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 27803 of the Vehicle Code is amended to read:
   27803.  (a) A driver and  any   a 
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   a
 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   cycle  , or
motorized bicycle if the driver or  any   the
 passenger is not wearing a safety helmet as required by
subdivision (a).
   (d) This section applies to  persons   a
person  who  are   is  riding on
 motorcycles, motor-driven cycles, or motorized bicycles
  a motorcycle, motor-driven cycle, or motorized bicycle
 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 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) 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 who is 18 years of age or older and meets either of the
following requirements: 
    (1)     Has completed a motorcyclist safety
training program that complies with Section 2932. 
    (2)     Has been issued a class M1 license
or endorsement, or a comparable license from another jurisdiction,
for two years or more.  
   (g) 
    (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.

  SECTION 1.  Section 27803 of the Vehicle Code is amended to read:
   27803.  (a) A driver and  any   a 
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   a
 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   cycle  , or
motorized bicycle if the driver or  any   the
 passenger is not wearing a safety helmet as required by
subdivision (a).
   (d) This section applies to  persons   a
person  who  are   is  riding on
 motorcycles, motor-driven cycles, or motorized bicycles
  a motorcycle, motor-driven cycle, or motorized bicycle
 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 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) 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 who is 18 years of age or older and meets either of the
following requirements: 
    (1)     Has completed a motorcyclist safety
training program that complies with Section 2932. 
    (2)     Has been issued a class M1 license
or endorsement, or a comparable license from another jurisdiction,
for two years or more.  
   (g) 
    (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.

  SECTION 1.  Section 27803 of the Vehicle Code is amended to read:
   27803.  (a) A driver and  any   a 
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   a
 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   cycle  , or
motorized bicycle if the driver or  any   the
 passenger is not wearing a safety helmet as required by
subdivision (a).
   (d) This section applies to  persons   a
person  who  are   is  riding on
 motorcycles, motor-driven cycles, or motorized bicycles
  a motorcycle, motor-driven cycle, or motorized bicycle
 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 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) 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 who is 18 years of age or older and meets either of the
following requirements: 
    (1)     Has completed a motorcyclist safety
training program that complies with Section 2932. 
    (2)     Has been issued a class M1 license
or endorsement, or a comparable license from another jurisdiction,
for two years or more.  
   (g) 
    (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.

  SECTION 1.  Section 27803 of the Vehicle Code is amended to read:
   27803.  (a) A driver and  any   a 
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   a
 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   cycle  , or
motorized bicycle if the driver or  any   the
 passenger is not wearing a safety helmet as required by
subdivision (a).
   (d) This section applies to  persons   a
person  who  are   is  riding on
 motorcycles, motor-driven cycles, or motorized bicycles
  a motorcycle, motor-driven cycle, or motorized bicycle
 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 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) 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 who is 18 years of age or older and meets either of the
following requirements: 
    (1)     Has completed a motorcyclist safety
training program that complies with Section 2932. 
    (2)     Has been issued a class M1 license
or endorsement, or a comparable license from another jurisdiction,
for two years or more.  
   (g) 
    (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.