AMENDED IN ASSEMBLY JANUARY 28, 1998

CALIFORNIA LEGISLATURE 1997-98 REGULAR SESSION

ASSEMBLY BILL No. 1412

Introduced by Assembly Members Ducheny, Morrow,
Granlund, Bordonaro, Cardoza, and Oller
(Coauthors: Senators Monteith and Peace)

February 28, 1997

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

LEGISLATIVE COUNSEL'S DIGEST

AB 1412, as amended, Ducheny. Motorcycles: helmets.
Under existing law, it is unlawful for any person to operate
a motorcycle, motor-driven cycle, or motorized bicycle if the
driver or any passenger is not wearing a safety helmet.
Existing law also makes it unlawful to ride as a passenger on
a motorcycle if the driver or any passenger is not wearing a
safety helmet.

This bill would make the above prohibitions applicable only
to persons under 18 years of age and to persons 18 years of age
or older who cannot show proof of current medical insurance
that covers the potential costs of personal injuries. The bill
would also delete a statement of legislative intent regarding
the wearing of safety helmets.

Vote: majority.

Appropriation: no.
Fiscal committee: yes.
State-mandated 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) (1) A driver under 18 years of age and any
passenger under 18 years of age shall wear a safety helmet
meeting requirements established pursuant to Section
27802 when riding on a motorcycle, motor-driven cycle,
or motorized bicycle.

(2) A driver 18 years of age or older and any passenger
18 years of age or older shall wear a safety helmet when
riding a motorcycle, motor-driven cycle, or motorized
bicycle, unless that driver and passenger can show proof
of current medical insurance that covers the potential
costs of personal injuries that may be incurred when
riding 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 cycle, 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 personÕs head that is fastened with the helmet
straps and that is of a size that fits the wearing personÕs
head securely without excessive lateral or vertical
movement.



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