Bill Text: CA AB2392 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 2392

Introduced

Bill Title: Vehicles: motorcycle: safety helmet exception.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-15 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2392 Detail]

Download: California-2023-AB2392-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2392

Introduced by Assembly Member Soria

February 12, 2024

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

LEGISLATIVE COUNSEL'S DIGEST

AB 2392, as introduced, Soria. Vehicles: motorcycle: safety helmet exception.

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 person’s religious belief and practice when riding on a motorcycle, motor-driven cycle, or motorized bicycle.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES 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 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 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 or passenger who wears a turban or patka as an expression of the person’s religious belief and practice when riding on a motorcycle, motor-driven cycle, or motorized bicycle.
~~(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.