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SB-847 Vehicles: motorcycle: safety helmet exception.(2023-2024)



Current Version: 09/19/23 - Enrolled

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SB847:v97#DOCUMENT

Enrolled  September 19, 2023
Passed  IN  Senate  September 14, 2023
Passed  IN  Assembly  September 13, 2023
Amended  IN  Assembly  June 19, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 847

Introduced by Senator Dahle

February 17, 2023

An act to amend Section 27802 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 847, Dahle. Vehicles: motorcycle: safety helmet exception.
Existing law authorizes the Department of the California Highway Patrol to adopt regulations establishing specifications and standards for safety helmets offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles. Existing law requires the regulations to include specified federal standards.
This bill would authorize the department, notwithstanding the provisions mentioned above, to adopt a regulation certifying a helmet offered for sale, or sold, that substantially complies with, but does not meet, the requirements imposed by the specified federal standards if the helmet is designed for the purposes of compliance with a driver’s or passenger’s religious beliefs or practices.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 27802 of the Vehicle Code is amended to read:

27802.
 (a) The department may adopt reasonable regulations establishing specifications and standards for safety helmets offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles as it determines are necessary for the safety of those drivers and passengers. The regulations shall include, but are not limited to, the requirements imposed by Federal Motor Vehicle Safety Standard No. 218 (49 C.F.R. Sec. 571.218) and may include compliance with that federal standard by incorporation of its requirements by reference. Each helmet sold or offered for sale for use by drivers and passengers of motorcycles and motorized bicycles shall be conspicuously labeled in accordance with the federal standard that shall constitute the manufacturer’s certification that the helmet conforms to the applicable federal motor vehicle safety standards.
(b) A person shall not sell, or offer for sale, for use by a driver or passenger of a motorcycle or motorized bicycle any safety helmet that is not of a type meeting requirements established by the department.
(c) Notwithstanding subdivision (a), the department may adopt a regulation certifying a helmet offered for sale, or sold, for use by drivers and passengers of motorcycles and motorized bicycles that substantially complies with, but does not meet, the requirements imposed by the federal motor vehicle safety standards if the helmet is designed for the purposes of compliance with a driver’s or passenger’s religious beliefs or practices.