California Motorcycle Helmet Law
This list of California motorcycle helmet laws is a reference only and you should always refer to the California D.O.T. for current requirements. Please e-mail us if you believe our California motorcycle helmet law information is out of date or otherwise incorrect.
California has full motorcycle helmet laws for all motorcycle riders!
In California, anyone who drives
or rides on a motorcycle must wear a safety helmet that meets the
requirements of California's Department of Motor Vehicles. Because
these requirements can change, those who take to California highways
on a motorcycle should check with the Department of Motor Vehicles
before taking to the road. In addition, California law requires
all motorcycle drivers and passengers to fasten their helmets with
a helmet strap that fits the wearer's head securely.
The only exception to California's
helmet law is for those driving or operating a fully-enclosed, three-wheeled
vehicle that is not less than 7 feet long and not less than 7 feet
wide and weighs 900 pounds or more
STATUTE: California Vehicle
Code, Division 12, Chapter 5, Article 7, Section 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 (see :Standards" below) 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) 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."
The LAW says (in pertinent part):
Section 40303.5:
"Whenever any person is
arrested for any of the following offenses, the arresting officer
shall permit the arrested person to execute a notice containing
a promise to correct the violation in accordance with the provisions
of 40610 unless the arresting officer finds that any of the disqualifying
conditions specified in the subdivision (b) of Section 40610 exist:
. . . (d) Any infraction involving equipment set forth in Division
12 (commencing with Section 240000) . . . (Note: which includes
section 27803, the helmet law.)"
Section 40610(b) states:
"Pursuant to subdivision (a), a notice to correct violation
shall be issued as provided in this section . . . unless the officer
finds any of the following:
"(1) Evidence of fraud or persistent neglect.
"(2) The violation presents an immediate safety hazard.
"(3) The violator does not agree to, or cannot, promptly correct
the violation."
Therefore, a violation of California's helmet law is -- as a matter
or Law according to the language of the statutes -- an equipment
violation, and carries with it only a need to show "proof of
correction" and the payment of a $10 fine. However, . . .
The CHP (California Highway
Patrol) says:
CHP Enforcement Bulletin #42,
issued in May, 1994, states that a violation of CVC 27803 constitutes
an "immediate safety hazard" and is therefore not correctable
as provided in Section 40303.5 (see above). The California Judicial
Council affirmed this edict, and for the most part the California
courts pretty much disregard everything but the wishes of the CHP
. . . and that includes disregarding the Law.
So, the fine for violation of
California's helmet law can be anything from $10 and "proof
of correction" up to $250.00 and one year's probation. It all
depends on who you ask!
STANDARDS:
California Vehicle Code, Division
12, Chapter 5, Article 7, Section 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 which shall constitute
the manufacturer's certification that the helmet conforms to the
applicable federal motor vehicle safety standards.
"(b) No person shall sell, or offer for sale, for use by a
driver or passenger of a motorcycle or motorized bicycle any safety
helmet which is not of a type meeting requirements established by
the department."
MISCELLANEOUS MOTORCYCLE LAWS
State Funded Rider Education
Available for all eligible applicants.
Required under age 21.
May waive skills test for successful completion of rider ed.
Daytime Use Of Headlight
Required by law for vehicles manufactured during or after 1978.
Modulating headlight permitted.
Passenger Seat
Required if carrying a passenger.
Passenger Footrests
Required if carrying a passenger.
Helmet Speakers
Single earphone only.
Mirror
Required by law.
Periodic Safety Inspection
Random inspections, required by law.
65 MPH Speed Limit
In effect on designated rural interstate highways.
CALIFORNIA:DISCRIMINATION
ON THE BASIS OF CLOTHING OR CLUB MEMBERSHIP IS ILLEGAL
The Unruh Civil Rights Act (C-C
Section 51 et seq) provides that "All persons within the jurisdiction
of this state are free and equal, and no matter what their sex,
race, color, religion, ancestry, national origin or blindness or
other physical disability are entitled to the full and equal accommodations,
advantages, facilities, privileges or services in all business establishments
of every kind whatsoever." Any person whose exercise or enjoyment
of rights secured by the Constitution or laws of the United States
has been interfered with, or attempted to be interfered with may
institute and prosecute a civil action for injunctive and other
appropriate equitable relief, including the award of compensatory
monetary damages. The Supreme Court ruled in the case of Cohen V.
California 403 US 15 (1971) that individuals have the constitutional
right under the First Amendment to wear clothing which displays
writing or designs. In addition, the right of an individual to freedom
of association has long been recognized and protected by the United
States Supreme Court Thus, a person's right to wear the clothing
of his choice, as well as his right to belong to any club or organization
of his choice is constitutionally protected and persons or establishments
who discriminate on the basis of clothing or club membership are
subject to lawsuit.
Zina has summarized all the
sections of the California
Vehicle Code that mention motorcycles: She did a great job.
Here goes:
Brakes
2420. Upon request of the California Highway Patrol, manufacturers
of motorcycles shall furnish a certification of gross brake horsepower
to the department. If any manufacturer of motorcycles fails to comply
with such request within 30 days of the request, no dealer shall
sell the particular make and model of motorcycle for which the certification
was requested.
(z) For the chronologically impaired, 30 days is roughly the period
between rent check payments.
26301.5. Every passenger vehicle manufactured and first registered
after January 1, 1973, except motorcycles, shall be equipped with
an emergency brake system so constructed that rupture or leakage-type
failure of any single pressure component of the service brake system
shall not result in complete loss of function of the vehicle's brakes
when force on the brake pedal is continued.
(z) Motorcyclists may drag their feet on the ground should all brakes
fail.
26311. (a) Every motor vehicle shall be equipped with service brakes
on all wheels, except as follows:
(5) Any sidecar attached to a motorcycle.
(6) Any motorcycle manufactured prior to 1966. Such motorcycle shall
be equipped with brakes on at least one wheel.
(z) Any motorcycle manufactured prior to 1940. Such motorcycle shall
get a prize for even running.
26450. Every motor vehicle shall be equipped with a service brake
system and every motor vehicle, other than a motorcycle, shall be
equipped with a parking brake system.
(z) Motorcyclists shall park on hot asphalt when at all possible
to take advantage of this readily-available parking brake system.
California Motorcycle
Safety Fund
2931. A motorcyclist safety program is hereby established in the
Department of the California Highway Patrol, to be administered
by the commissioner.
(z) As a part of the safety program, minivan drivers will be specially
instructed on how not to take their eyes off the road when slapping
at rowdy underaged passengers.
2932. The commissioner may do all of the following:
(a) Provide financial or other support to projects aimed at enhancing
motorcycle operation or safety.
(b) Sponsor and coordinate efforts aimed at increasing motorists'
awareness of motorcyclists.
(c) Sponsor research into effective communication techniques to
reach all highway users on matters of motorcyclist safety.
(d) Establish an advisory committee of persons to assist in the
establishment of a comprehensive program of motorcycle safety.
(e) Adopt standards for course content, contact hours, curriculum,
instructor training and testing, and instructional quality control,
and setting forth a maximum amount for course fees for the novice
rider training course specified in subdivision (g) of Section 12804.9.
(z) Acknowledge the utter futility of (b) and (c).
2934. (a) The California Motorcyclist Safety Fund is hereby created
in the State Treasury.
(z) The fund will be kept in a clean coffee can located under the
commissioner's desk.
2935. The Department of Motor Vehicles shall collect a fee of two
dollars ($2) upon initial registration and renewal of registration
of every motorcycle. These additional fees shall be deposited in
the California Motorcyclist Safety Fund.
(z) The fees may also be deposited into an elected official's personal
bank account on an as-needed basis.
2938. This article shall remain in effect only until January 1,
2003, and as of that date is repealed unless a later enacted statute
deletes or extends that date. (z) In summary, after January 1, 1998,
nothing will change for motorcyclists.
Carpool Lanes
21655.5. (b) The Department of Transportation and local authorities,
with respect to highways under their respective jurisdictions, shall
place and maintain, or cause to be placed and maintained, signs
and other official traffic control devices to designate the exclusive
or preferential lanes, to advise motorists of the applicable vehicle
occupancy levels, and, except where ramp metering and bypass lanes
are regulated with the activation of traffic signals, to advise
motorists of the hours of high-occupancy vehicle usage. No person
shall drive a vehicle upon those lanes except in conformity with
the instructions imparted by the official traffic control devices.
A motorcycle may be operated upon those exclusive or preferential
use lanes unless specifically prohibited by a traffic control device.
(z) Traffic control devices include, but are not limited to, ladders,
mattresses, and rolls of carpeting.
CHP Footwear
2269. (a) The commissioner shall provide, as safety equipment, boots
to each member of the California Highway Patrol who is assigned
to ride motorcycles. This safety equipment shall remain the property
of the state. Items lost or damaged because of the negligence of
the officer shall be replaced by the officer at his or her expense.
(z) Subsequent wearers of previously used boots will be issued a
free can of athlete's foot powder by the state.
Closed Course Transportation
38022. Notwithstanding the provisions of Section 4000, motorcycles
issued a special transportation identification device pursuant to
Section 38088 may be transported upon a highway to and from a closed
course. (Per section 38014 a "closed course" is a speedway,
racetrack, or a prescribed and defined route of travel on or off
a highway that is closed to all motor vehicles other than those
of participants.)
38088. (a) Upon payment of the fee specified in Section 38232, the
department shall issue to the owner of a motorcycle, which the owner
has certified as being used exclusively in racing events on a closed
course, a special transportation identification device for the purpose
of identifying the motorcycle while it is being transported
upon a highway to and from racing events on a closed course. Such
device may be either a plate or a sticker, whichever is determined
by the department to be the most appropriate.
(b) Such device is nonrenewable, nontransferrable, and becomes invalid
when the vehicle for which it was issued is sold or dismantled.
(c) A certificate of ownership may not be issued in conjunction
with a special transportation identification device.
Dealership Requirements
24014. (a) No dealer shall sell, offer for sale, or display, any
new, assembled motorcycle on its premises, unless there is securely
attached to its handlebar a label, approved by the Department of
Motor Vehicles, furnished by the manufacturer, on which the manufacturer
shall clearly indicate the following:
(1) The recommended retail price of the motorcycle.
(2) The recommended price for each accessory or item of optional
equipment physically attached to the motorcycle at the time of its
delivery to the dealer.
(b) The dealer shall clearly indicate on the label, furnished by
the manufacturer, the following:
(1) The amount charged, if any, over and above the suggested retail
price for transportation to the dealership.
(2) The amount charged, if any, for the assembly, preparation, or
both, of the motorcycle.
(3) The amount charged, if any, for each dealer added accessory
or item of optional equipment.
(z) The sizable profit for which the dealership will extract from
the hapless buyer.
Definition of a Motorcycle
400. (a) A "motorcycle" is any motor vehicle having a
seat or saddle for the use of the rider, designed to travel on not
more than three wheels in contact with the ground, and weighing
less than 1,500 pounds.
(b) A motor vehicle that has four wheels in contact with the ground,
two of which are a functional part of a sidecar, is a motorcycle
if the vehicle otherwise comes within the definition of subdivision
(a).
(c) A motor vehicle that is electrically powered, has a maximum
speed of 45 miles per hour, and weighs less than 2,500 pounds, is
a motorcycle if the vehicle otherwise comes within the definition
of subdivision (a).
(d) A farm tractor is not a motorcycle. (e) A motor vehicle that
has an enclosed seating area for the driver and passenger, and is
used by local public agencies for the enforcement of parking control
provisions, is not a motorcycle.
(z) The fact that (d) or (e) needed to be clarified is hereby officially
noted as frightening.
Dismantling
5505. (a) This section applies to any vehicle reported to be a total
loss salvage and to any vehicle reported to have been dismantled.
(1) "Major component parts for motorcycles" includes the
engine or motor, transmission or transaxle, frame, front fork, and
crankcase.
(2) "Minor component parts for motorcycles" includes the
fairing and any other body molding.
(z) "Somewhere-in-between" component parts for motorcycles"
includes the kill switch, the odometer, the low-gas indicator light,
and whatever else.
11514. (a) An automobile dismantler's established place of business
shall have posted the license issued by the department and shall
have erected signs providing information relating to the automobile
dismantler. The sign shall indicate the nature of the dismantler's
business by inclusion of "Automobile Dismantler," "Automobile
Wrecker," "Motorcycle Dismantler," "Trailer
Dismantler," "Vehicle Dismantler," or a combination
of such designations on such sign.
(z) "Purveyor of Purloined Parts" and "Chop Till
You Drop" illustrate signs with insufficient information.
Driver/Passenger Positioning
27314. (a) No dealer shall sell any used passenger vehicle that
was manufactured on or after January 1, 1962, other than a motorcycle,
unless it is equipped with at least two seatbelts which are installed
for the use of persons in the front seat of the vehicle. (b) No
dealer shall sell any used passenger vehicle manufactured on or
after January 1, 1968, other than a motorcycle, unless it is equipped
with seatbelts for each seating position.
(z) No dealer shall sell seatbelts unless the car is provided without
additional cost.
27800. It is unlawful for a driver of a motorcycle or a motorized
bicycle to carry any other person thereon, except on a seat securely
fastened to the machine at the rear of the driver and provided with
footrests, or in a sidecar attached to a motorcycle and designed
for the purpose of carrying a passenger. Every passenger on a motorcycle
or a motorized bicycle shall keep his feet on the footrests while
such vehicle is in motion.
(z) Every passenger shall resist resting his foot on the chain while
the bike is in motion.
27801. No person shall drive any two-wheel motorcycle:
(a) Equipped with a seat so positioned that the driver, when sitting
astride the seat, cannot reach the ground with his feet.
(b) Equipped with handlebars so positioned that the hands of the
driver, when upon the grips, are at or above his shoulder height
when sitting astride the seat.
(z) Equipped with a gas tank so positioned that the driver, when
smoking and driving, blows up.
Engine Replacement
4161. (a) Whenever a motor vehicle engine or motor is installed,
the owner of the motor vehicle shall, within 10 days thereafter,
give notice to the department upon a form furnished by it containing
a description of the motor vehicle engine or motor installed.
(c) Whenever an application is made to the department to register
a replacement engine case for any motorcycle, the department shall
request the Department of the California Highway Patrol to inspect
the motorcycle to determine its proper identity. If the replacement
engine case bears the same identifying numbers as the engine case
being replaced, the original engine case shall be destroyed.
Fees
9105. The fees specified in this code need not be paid for on a
motorcycle, as long as it is not used for transportation for hire,
compensation, or profit, when owned by any disabled veteran or any
Congressional Medal of Honor recipient.
(z) The State of California will surreptitiously extract the money
from these people through other means.
9255. Upon application for the transfer of the title or any interest
of an owner, there shall be paid the following fees: (1) For a transfer
by the owner of an automobile or motorcycle..... $15
(4) When an application is presented showing a transfer by both
the owner and legal owner of an automobile or motorcycle..... $15
(z) For those unable to distinguish the difference between the previous
two..... $20
9268. In addition to any other registration fee, an additional fee
of one dollar ($1) shall be collected upon the original registration
of a motorcycle.
(z) The labor required to process the one dollar ($1) will cost
ten dollars ($10), but that is neither here nor there.
Golf Carts as Motorcycles
24001.5. A golf cart as defined in Section 345 shall only be subject
to the provisions of this division which are applicable to a motorcycle.
(z) A golf cart driver shall be automatically assigned a lifetime,
irrevocable M1 license if said driver is able to bank the cart onto
two wheels for a distance of no less than 50 yards.
Helmet Use
27802. (b) No person shall sell for use by a driver or passenger
of a motorcycle any safety helmet which is not of a type meeting
requirements established by the department.
(z) Foam-lined mixing bowls and plaster turbans are currently under
evaluation on Vespa-riding crash test dummies.
27803. (a) A driver and any passenger shall wear a safety helmet
when riding on a motorcycle, motor-driven cycle, or motorized bicycle.
(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).
(e) For the purposes of this section, "wear a safety helmet"
or "wearing a safety helmet" means having a safety helmet
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.
(z) Any cop who can detect excessive lateral or vertical movement
in a rider's helmet will be immediately promoted to captain.
Ignition Lock
23575. (a) (1) In addition to any other provisions of law, the court
may require that any person convicted of a first offense violation
of Section 23152 or 23153 [DUI] to install a certified ignition
interlock device on any vehicle that the person owns or operates
and prohibit that person from operating a motor vehicle unless that
vehicle is equipped with a functioning, certified ignition interlock
device.
(m) For purposes of this section, "vehicle" does not include
a motorcycle until the state certifies an ignition interlock device
that can be installed on a motorcycle. Any person subject to an
ignition interlock device restriction shall not operate a motorcycle
for the duration of the ignition interlock device restriction period.
(z) Sitting idly in a sidecar without an ignition interlock is permissible
under Section 23246.
Instructor Training
11102.5. (a) A motorcycle driving school operator shall meet the
following requirements: (4) Have worked for an established licensed
California driving school as a motorcycle driving instructor for
not less than 300 hours of actual motorcycle range and street teaching,
have taught 300 hours of actual motorcycle range and street instruction
under the guidance of the Motorcycle Safety Foundation, or have
been given comparable training instruction which is acceptable to
the department.
(z) 299 hours is acceptable if an additional cumulative hour has
been spent thumbing through motorcycle magazines while on the can.
License Plates
4850. (a) The department, upon registering a motorcycle, shall issue
to the owner one partially or fully reflectorized license plate.
(z) Whether the plate ends up being partially or fully reflectorized
depends on the condition of the rain forest at the time of plate
manufacturing.
4852. Motorcycle license plates shall measure seven inches in length
and four inches in width, and the characters on the plates shall
have a minimum height of one and one-half inches and a minimum width
of nine-sixteenths inches, and shall have a minimum spacing between
characters of three-sixteenths of an inch.
(z) The shape of a motorcycle plate is not provided, as the License
Plate Design Committee was participating in a team-building seminar
during the formalization of this specific code.
5004.5. Any owner of a motorcycle manufactured in the year 1942
or prior thereto shall be issued special license plates for the
motorcycle.
(z) The year 1942 was selected after intensive historical research
and a brief consultation with a Ouija board.
5060. (2) Special interest license plates authorized under this
article may be issued for use on a motorcycle. That license plate
shall contain a five digit configuration issued in sequential numerical
order or, pursuant to Section 5103, in a combination of numbers
or letters. There shall be a space to the left of the numerical
series for a distinctive design or decal and the characters shall
contrast sharply with the uniform background color. No motorcycle
plate containing a full plate graphic design is authorized. Those
particular special interest license plates that were issued prior
to the discontinuation provided by this paragraph may continue to
be used and attached to the vehicle for which they were issued and
may be renewed, retained, or transferred pursuant to this code.
5061. (a) Notwithstanding any other provision of law, if the department
permits the issuance of a special interest license plate for display
on a motorcycle, the department shall not approve any design for
that plate that incorporates either or both of the following:
(b) Any special interest license plate issued for display on a motorcycle
is subject to the same fees that are collected for the issuance
and retention of special interest license plates on other vehicles.
5101.3. (a) Any Pearl Harbor survivor may apply for special license
plates which shall run in a separate numerical series and shall
contain the words "Pearl Harbor Survivor." The plates
may be issued for any vehicle, except a vehicle used for transportation
for hire, compensation, or profit, or a motorcycle.
(z) After intensive testing with various type sizes, the License
Plate Design Committee determined there was no way to fit "Pearl
Harbor Survivor" onto a smaller plate.
Licensing
12804.9. (a) (1) The examination shall include all of the following:
(A) A test of the applicant's knowledge and understanding of the
provisions of this code.
(B) A test of the applicant's ability to read and understand simple
English used in highway traffic and directional signs.
(C) A test of the applicant's understanding of traffic signs and
signals.
(D) An actual demonstration of the applicant's ability to exercise
ordinary and reasonable control in operating a motor vehicle by
driving it under the supervision of an examining officer.
(I) Class C does not include any two-wheel motorcycle or any two-wheel
motor-driven cycle.
(4) Class M1. Any two-wheel motorcycle or motor-driven cycle. Authority
to operate vehicles included in a class M1 license may be granted
by endorsement on a class A, B, or C license upon completion of
an appropriate examination.
(i) No person under the age of 21 years shall be issued a class
M1 or M2 license or endorsement unless he or she provides evidence
satisfactory to the department of completion of a motorcycle safety
training program that is operated pursuant to Article 2 (commencing
with Section 2930) of Chapter 5 of Division 2.
(k) A class M license issued between January 1, 1989, and December
31, 1992, shall permit the holder to operate any motorcycle, motor-driven
cycle, or motorized bicycle until the expiration of the license.
(z) Failing a riding test on a 250cc beater has been clinically
proven to cause less shame than failing on a $10K sportbike.
12500. (b) No person shall drive any motorcycle, motor-driven cycle,
or motorized bicycle upon a highway, unless the person holds a valid
driver's license or endorsement issued under this code for that
class.
(z) Physically holding another person's license is not the correct
interpretation of subdivision (a).
12509. (a) The department may issue a motorcycle instruction permit
to any physically and mentally qualified person who meets the following
requirements: (d) Any person who is age 17 years and 6 months or
over may, in addition to operating a motor vehicle, also operate
a motorcycle, except that such person shall not operate a motorcycle
or a motorized bicycle during hours of darkness, shall stay off
any freeways which have full control of access and no crossings
at grade, and shall not carry any passenger except a qualified instructor.
(z) Any instructor willing to ride with a trainee shall be issued
a Medal of Valor.
Lights
24253. (b) All motorcycles manufactured and first registered after
January 1, 1971, shall be equipped so all taillamps, when turned
on, will remain lighted automatically for a period of at least one-quarter
hour if the engine stops.
(z) Should the taillamps remain lit on a motorcycle with a stopped
engine, it is recommended that the rider move away from the motorcycle
before it is plowed into by a drunk driver or by someone searching
for a cassette tape on the floor of his or her car.
24400. During darkness, every motor vehicle other than a motorcycle
shall be equipped with at least two lighted headlamps.
(z) Possession of one burned out headlamp is acceptable as long
as the driver feels remorse over its nonfunctionality.
24603. Every motor vehicle shall at all times be equipped with stoplamps
mounted on the rear as follows:
(b) Every such vehicle, other than a motorcycle, shall be equipped
with two stoplamps.
24606. (a) Every motor vehicle, other than a motorcycle, shall be
equipped with one or more backup lamps either separately or in combination
with another lamp.
(z) Motorcyclists moving in reverse fast enough for a backup light
to matter will be cited for unbridled stupidity.
24607. (b) Every vehicle, other than a motorcycle, shall be equipped
with at least two reflectors meeting the visibility requirements.
(z) As motorcycles are never seen in the first place, reflectors
are moot.
24951. (4) Motorcycles manufactured and first registered on or after
January 1, 1973 shall be equipped with a lamp-type turn signal system.
(z) As with motorists, use of these lamps may be entirely ignored
at the rider's discretion.
25251.2. Any motorcycle may be equipped with a means of modulating
the upper beam of the headlamp between a high and a lower brightness
at a rate of 200 to 280 flashes per minute. Such headlamps shall
not be so modulated during darkness.
(z) The exception is if the rider has been drinking; in such cases,
the flickering light will act as a warning to others that the rider
is about to deposit a wide swath of DNA on the road surface.
25451. Any motorcycle equipped with one lighted acetylene headlamp
complies with the provisions of this code concerning lighted headlamps
on motorcycles when the acetylene headlamp is fitted with a clear
plane glass front and a bright six-inch spherical mirror and a standard
acetylene one-half or five-eighths foot burner, projecting sufficient
light ahead to reveal any vehicle, person, or substantial object
upon the roadway within a distance of 115 feet.
(z) Riders of such motorcycles may also use a rotary-dial phone
while riding.
25650. Every motorcycle during darkness shall be equipped with at
least one and not more than two lighted headlamps.
(z) Riders with a third functional eye will be allowed a third lighted
headlamp, so long as the condition is validated by a practicing
optometrist.
25650.5. Every motorcycle manufactured and first registered on and
after January 1, 1978, shall be equipped with at least one and not
more than two headlamps which automatically turn on when the engine
of the motorcycle is started and which remain lighted as long as
the engine is running.
(z) Those who disconnect this feature will be cited or will broadside
a car that turns directly in front of them, whichever comes first.
Mirrors
26709. (a) Every motorcycle subject to registration in this state
shall be equipped with a mirror so located as to reflect to the
driver a view of the highway for a distance of at least 200 feet
to the rear of such vehicle. Every motor vehicle, except a motorcycle,
shall be equipped with not less than two such mirrors, including
one affixed to the left-hand side.
(z) Up to 95% obscuring of a rear view mirror by a motorcyclist's
arm and elbow is permissible.
Motorcycle-Only Road
527. (a) "Road" means any existing vehicle route established
before January 1, 1979, with significant evidence of prior regular
travel by vehicles, provided that "road" does not mean
any route traversed exclusively by bicycles, motorcycles, motor-driven,
or off-highway motor vehicles.
(z) Should anyone encounter a road traversed exclusively by motorcycles,
immediately alert the press.
Moving Vehicles, Attaching
to
1203. No person riding upon any motorcycle, motorized bicycle, bicycle,
coaster, roller skates, sled, or toy vehicle shall attach the same
or himself to any streetcar or vehicle on the roadway.
(z) Microwave carts and unicycles are acceptable until such time
an accident occurs and the State of California is held liable for
not including these items on the list.
21712. (e) No person shall knowingly drive a motor vehicle which
is towing any person riding upon any motorcycle, motorized bicycle,
bicycle, coaster, roller skates, sled, skis, or toy vehicle.
(z) Dollies and shopping carts are acceptable until such time an
accident occurs and the State of California is held liable for not
including these items on the list.
Noise Restrictions
23130. (a) No person shall operate a motor vehicle under any condition
of grade, load, acceleration, or deceleration in such a manner as
to exceed the following noise limit for the category of motor vehicle
within the speed limits specified in this section:
(2) Any motorcycle other than a motor-driven cycle at a speed limit
of 45 or less..... 82 dbA. Any motorcycle other than a motor-driven
cycle at a speed limit of 45 or more..... 86 dbA.
(b) The noise limits established by this section shall be based
on a distance of 50 feet from the center of the lane of travel within
the speed limit specified in this section. The Department of the
California Highway Patrol may provide for measuring at distances
other than 50 feet from the center of the lane of travel. In such
a case, the measurement shall be corrected so as to provide for
measurements equivalent to the noise limit established by this section
measured at 50 feet.
(z) 86 dbA is equivalent to the sound of a scream emanating from
a rider being cut off by a driver swerving for an offramp from two
lanes out.
23130.5.
(a) The noise limits, within a speed zone of 35 miles per hour or
less on level streets, or streets with a grade not exceeding plus
or minus 1 percent, shall be:
(2) Any motorcycle other than a motor-driven cycle..... 77 dbA
(z) 77 dbA is equivalent to the sound of a scream emanating from
a rider caught behind a dump truck which has just lost a 12 'x 12'
sheet of cardboard.
27150.8. The manufacturers of motorcycles and motorcycle accessories
shall certify to the department that the exhaust system is in compliance
with the standards and regulations adopted by the commissioner.
(z) Notarized documentation stating "Sounds okay, smells okay"
is not acceptable.
27200. (a) The Department of Motor Vehicles shall not register on
a dealer's report of sale a new motor vehicle which produces a maximum
noise exceeding the applicable noise limit at a distance of 50 feet
from the centerline of travel under test procedures established
by the Department of the California Highway Patrol.
(z) The Department of Motor Vehicle will probably not be able to
distinguish a vehicle that exceeds the noise limit from a hole in
the wall.
27201. For the purposes of Section 27200, the noise limit of 92
dbA shall apply to any motorcycle manufactured before 1970. (z)
For purposes of Section 27200, the noise limit of 1,200 dbA shall
apply to any motorcycle manufactured before 1876.
27202. For the purposes of Section 27200, the following noise limits
shall apply to any motorcycle, other than a motor-driven cycle,
manufactured:
(1) After 1969, and before 1973..... 88 dbA
(2) After 1972, and before 1975..... 86 dbA
(3) After 1974, and before 1986..... 83 dbA
(4) After 1985..... 80 dbA
(z) Every year thereafter, deduct 10 dbA until everyone is forced
to ride a moped.
Off Highway Vehicles
38010. Every motor vehicle specified in Section 38012 that is not
registered under this code because it is to be operated or used
exclusively off the highways shall be issued and display an identification
plate or device issued by the department.
(b) Subdivision (a) does not apply to any of the following: (8)
Any motorcycle manufactured in the year 1942 or prior.
38012. (b) As used in this division, "off-highway motor vehicle"
includes, but is not limited to, the following:
(1) Any motorcycle or motor-driven cycle, except for any motorcycle
which is eligible for a special transportation
identification device issued pursuant to Section 38088.
38022. Notwithstanding the provisions of Section 4000, motorcycles
issued a special transportation identification device pursuant to
Section 38088 may be transported upon a highway to and from a closed
course. (Per section 38014 a "closed course" is a speedway,
racetrack, or a prescribed and defined route of travel on or off
a highway that is closed to all motor vehicles other than those
of participants.)
38025. Motor vehicles issued a plate or device pursuant to Section
38160 may be operated or driven upon a highway but only as follows:
(e) Motorcycles identified pursuant to Section 38010 may be pushed
upon a highway, but not ridden, if the motorcycles have displayed
upon them a plate or device issued pursuant to Section 38160.
38160. The department, upon identifying an off-highway motor vehicle
subject to identification, shall issue to the owner a suitable identification
plate or device which is capable of being attached to the vehicle
in such a manner so as to not endanger the operator or passengers
of the vehicle, and which shall identify the vehicle for which it
is issued for the period of its validity.
38170. (a) Every off-highway motor vehicle subject to identification
shall have displayed upon it the identification number assigned
to the vehicle for which it is issued, together with the word "California"
or the abbreviation "CAL" and the year number for which
it is issued or a suitable device issued by the department for
validation purposes, which device shall contain the year for which
it is issued.
(1) On the left fork leg of a motorcycle, either horizontal or vertical,
and shall be visible from the left side of the motorcycle.
Parking
22502. (a) Motorcycles shall be parked with at least one wheel or
fender touching the right-hand curb. Where no curbs or barriers
bound any two-way roadway, right-hand parallel parking is required
unless otherwise indicated.
(e) Upon a one-way roadway, motorcycles, if parked on the left-hand
side, shall have either one wheel or one fender touching such curb.
Where no curb or barriers bound any such one-way roadway, parallel
parking on either side is required unless otherwise indicated.
(z) Where no picket fence bound a lawn, motorcyclists may park on
the lawn as long as one wheel touches a hedge.
Used Police Vehicles
27604. When a motor vehicle formerly used in law enforcement is
sold to any person and is used for purposes other than law enforcement,
the vehicle shall be painted or partially painted by the seller
or agency formerly using such vehicle so that it will no longer
resemble a law enforcement vehicle. The provisions of this section
do not apply to motorcycles without insignia.
(z) The riders of these motorcycles may don gold helmets so as to
dupe motorists into believing that they are the real thing.
27605. No person shall own or operate a motor vehicle painted in
a manner to resemble a motor vehicle used by a peace officer. The
provisions of this section do not apply to motorcycles without insignia.
(z) The riders of these motorcycles may keep the large sidecases
and sit smartly erect so as to dupe motorists into believing that
they are the real thing.
Windshield and Wipers
26700. (a) A passenger vehicle, other than a motorcycle, and every
bus, motortruck or truck tractor, and every firetruck, fire engine
or other fire apparatus shall be equipped with an adequate windshield.
(z) Motorcycles may be equipped with inadequate windshields.
26701. (c) No person shall operate a motorcycle manufactured after
January 1, 1969, equipped with a windshield containing glazing material
unless it is safety glazing material.
26706. (a) Every motor vehicle, except motorcycles, equipped with
a windshield shall also be equipped with a self-operating windshield
wiper.
(z) Motorcyclists may use their hands to smear the water around
on their faceplates.
California Moped Laws
(a) A "motorized bicycle" or "moped" is any two-wheeled or
three-wheeled device having fully operative pedals for propulsion by
human power, or having no pedals if powered solely by electrical
energy, and an automatic transmission and a motor which produces less
than 2 gross brake horsepower and is capable of propelling the
device at a maximum speed of not more than 30 miles per hour on level
ground.
(b) A "motorized bicycle" is also a device that has fully
operative pedals for propulsion by human power and has an electric
motor that meets all of the following requirements:
(1) Has a power output of not more than 1,000 watts.
(2) Is incapable of propelling the device at a speed of more than
20 miles per hour on ground level.
(3) Is incapable of further increasing the speed of the device
when human power is used to propel the motorized bicycle faster than
20 miles per hour.
(4) Every manufacturer of motorized bicycles, as defined in this
subdivision, shall provide a disclosure to buyers that advises buyers
that their existing insurance policies may not provide coverage for
these bicycles and that they should contact their insurance company
or insurance agent to determine if coverage is provided.
(c) The disclosure required under paragraph (4) of subdivision (b)
shall meet both of the following requirements:
(1) The disclosure shall be printed in not less than 14-point
boldface type on a single sheet of paper that contains no information
other than the disclosure.
(2) The disclosure shall include the following language in capital
letters:
"YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS
INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS
PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT."
It is unlawful for a driver of a motorcycle or a motorized bicycle to carry any other person thereon, except on a seat securely fastened to the machine at the rear of the driver and provided with footrests, or in a sidecar attached to a motorcycle and designed for the purpose of carrying a passenger. Every passenger on a motorcycle or a motorized bicycle shall keep his feet on the footrests while such vehicle is in motion.
A person shall not drive a two-wheel motorcycle that is equipped with either of the following:
(a) A seat so positioned that the driver, when sitting astride the seat, cannot reach the ground with his or her feet.
(b) Handlebars so positioned that the hands of the driver, when upon the grips, are more than six inches above his or her shoulder height when sitting astride the seat.
(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 which shall constitute the manufacturer's certification that the helmet conforms to the applicable federal motor vehicle safety standards.
(b) No person shall sell, or offer for sale, for use by a driver or passenger of a motorcycle or motorized bicycle any safety helmet which is not of a type meeting requirements established by the department.
(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) 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.
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