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AB-695 Vehicles: motorcycles: safety helmets: exceptions.(2011-2012)

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Amended  IN  Assembly  January 04, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 695

Introduced  by  Assembly Member Norby

February 17, 2011

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


LEGISLATIVE COUNSEL'S DIGEST


AB 695, as amended, Norby. 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 person who is 18 21 years of age or older who has either completed a motorcyclist safety training program, or has been authorized to operate a vehicle pursuant to a valid class M1 license or endorsement, or a comparable license from another jurisdiction, for 2 years or more years.
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) Except as provided in subdivision (g), a driver and 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 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 cycle, or motorized bicycle if the driver or a passenger is not wearing a safety helmet as required by subdivision (a).
(d) This section applies to a person who is riding on 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 person who is 18 21 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 authorized to operate a vehicle pursuant to a valid class M1 license or endorsement, or a comparable license from another jurisdiction, for two years or more years.
(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.