BILL NUMBER: AB 483

INTRODUCED BY Assembly Member Floyd

FEBRUARY 24, 1997

An act to amend Sections 27802 and 40000.15
of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 483, as introduced, Floyd. Motorcycle helmets: misdemeanor.

(1) Existing law makes it an infraction for any person to 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 of the California Highway
Patrol, including certain federal safety standards.

This bill would include manufacture of the described safety helmet
within the above prohibited activities and would make a violation of
the above, as revised, a misdemeanor, rather than an infraction.
The bill would make conforming changes. Because the bill would
impose increased duties on local criminal justice systems, the bill
would create a state-mandated local program.

This bill would also make it a crime, thereby imposing a
state-mandated local program, for any person to manufacture, sell, or
advertise the sale of, a helmet that does ont meet the requirements
established by the department without complying with certain
labelling and disclosure requirements.

(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.

This bill would provide that no reimbursement is required by this
act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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
{+ , motor-driven cycle, +} 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 {+ manufacture, +} sell, or offer for sale,
for use by a driver or passenger of a motorcycle {+ , motor-driven
cycle, +} or motorized bicycle any safety helmet which is not of a
type meeting requirements established by the department.

(c) (1) A helmet that does not meet the requirements established
by the department shall be labeled permanently and legibly, in a
manner that can be read easily, with letters at least three-eights of
an inch (1 cm.) high, in a color that contrasts with the background
of the helmet, reading: "This Helmet Does Not Comply with Federal
and State Safety Laws." This message shall be printed on the outside
of the helmet and no person shall modify or cover the message.

(2) Any person who manufactures, sells, or advertises the sale of,
a helmet described in paragraph (1) shall comply with paragraph (1)
and shall disclose to the purchaser or in the advertisement that the
helmet does not comply with federal and state safety laws.

(d) A violation of this section is a misdemeanor. +}

SEC. 2. Section 40000.15 of the Vehicle Code is amended to read:

40000.15. A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction:

SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.

Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.

Status...



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