November 13, 1995

IS CALIFORNIA'S HELMET LAW A FARCE?

Introduction:

After three years of harassment, where the meaning of California's helmet law has come under close scrutiny and attack by disgrumbled motorcyclists, a clear picture of the law has come forward. This view of the law is so candid, and so simple, it has escaped practically everyone but those that live and breathe to defeat a law that represents the essence of big government stealing the rights of the citizens through lies and deceit.

The Farce:

The helmet law does not require you to "wear a helmet" as we have been led to believe. A close examination of the law reveals that it only applies to people riding motorcycles who are wearing "safety helmets" sold or offered for sale in California.

We Have Been Snowed!!

WOULD YOU AGREE: (A California Vehicle Code book helps)

1. That the helmet law, CVC 27803, requires you to wear a "safety helmet"?

2. That CVC 27803(a) defines a "safety helmet" as something meeting the requirements of CVC 27802?

3. That CVC 27802 ONLY sets the standards for "safety helmets" sold or offered for sale in California?

4. That CVC 27803(a) only sets the requirements for wearing "safety helmets" as referred to in CVC 27802 as "safety helmets" sold or offered for sale in California?

5. That a person can only violate CVC 27803(a) by violating CVC 27802?

6. That if you are riding a motorcycle in California and wearing a "safety helmet" that was not sold or offered for sale in California you are not in violation of CVC 27803?

7. That if you are riding a motorcycle in California and wearing a "safety helmet" that was purchased in another state that you cannot violate CVC 27803?

8. That CVC 27803 CANNOT and DOES NOT require you to ONLY wear a "safety helmet" sold or offered for sale in California? (See note below)

9. That if CVC 27803 cannot require you to wear a "safety helmet" only sold or offered for sale in California, that it cannot require you to wear a "safety helmet" under CVC 27802 either, because that would require you to purchase a helmet sold or offered for sale in California?

10. That a motorcyclist NOT WEARING A HELMET cannot be in violation of a law that only sets the standards for "safety helmets" sold or offered for sale in California?

THEREFORE, if you think you have to "wear a helmet" while riding a motorcycle in California, think again.


Note: Federal law prohibits state regulations that exceed federal safety standards. Also, this information is not legal advice, but provided to promote free thought.

Submitted by:
Geoffrey D. Smith


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