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AB-425 Vehicles: motorcycles: safety helmets: exceptions.(2007-2008)

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CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 425

Introduced  by  Assembly Member Adams
 (Coauthor(s): Assembly Member Parra)
 (Coauthor(s): Senator Ducheny)

February 16, 2007

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


LEGISLATIVE COUNSEL'S DIGEST


AB 425, as introduced, Adams. Vehicles: motorcycles: safety helmets: exceptions.
Existing law requires a driver and any 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 motorcycle rider training program, or has been issued a class M1 license or endorsement or a comparable license or endorsement from another jurisdiction, for 2 years or more.
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 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 motorcycle rider 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.