California mandatory bicycle helmet law and retroreflective clothing bill [Senate Bill 192 2015]
Read the update to this posting here.
This is an interesting bill (reprinted below as of this posting) just introduced February 10, 2015 here in the California Legislature. Most states bicycle helmet laws only require helmets for minors (under 18). This proposed law goes well beyond that requiring helmets for all riders. Typically the motorcycle helmet laws in various states cover riders of all years and those don't seem to be well received by riders. The fine proposed in this bill is $25.00 but with all the penalty assessments tacked on to fines these days the fine amount is usually 1/3 of the total price of the violation. There is also a "retroreflective" clothing requirement in here. That of course is going to be tricky as well as most bike clothing that is "highly visible" still may not comply with the American National Standard (ANSI) for High-Visibility Safety Apparel and Headwear. So I don't see this going anywhere fast but who knows. They finally got the Three Foot Passing law passed after 2 or three attempts.
Also below the California bill, a Wyoming bill (HB 0206 introduced 2015) now also has its own take on what clothing ("...high visibility fluorescent orange, green or pink color clothing...") should be worn. Fortunately the two states are not right next to each other otherwise you would have to change clothing as you crossed state lines ! Better call the Fashion Police.
This is an interesting bill (reprinted below as of this posting) just introduced February 10, 2015 here in the California Legislature. Most states bicycle helmet laws only require helmets for minors (under 18). This proposed law goes well beyond that requiring helmets for all riders. Typically the motorcycle helmet laws in various states cover riders of all years and those don't seem to be well received by riders. The fine proposed in this bill is $25.00 but with all the penalty assessments tacked on to fines these days the fine amount is usually 1/3 of the total price of the violation. There is also a "retroreflective" clothing requirement in here. That of course is going to be tricky as well as most bike clothing that is "highly visible" still may not comply with the American National Standard (ANSI) for High-Visibility Safety Apparel and Headwear. So I don't see this going anywhere fast but who knows. They finally got the Three Foot Passing law passed after 2 or three attempts.
Also below the California bill, a Wyoming bill (HB 0206 introduced 2015) now also has its own take on what clothing ("...high visibility fluorescent orange, green or pink color clothing...") should be worn. Fortunately the two states are not right next to each other otherwise you would have to change clothing as you crossed state lines ! Better call the Fashion Police.
| California Senate Bill No. 192 |
| Introduced by Senator Liu |
February 10, 2015 |
An act to amend Section 21212 of the Vehicle Code, relating to bicycles.
LEGISLATIVE COUNSEL'S DIGEST
Existing law prohibits a person under 18 years of age from operating a bicycle, riding on a bicycle as a passenger, or riding in a trailer towed by a bicycle unless the person is wearing a bicycle helmet meeting specified standards. A violation of those provisions is an infraction punishable by a fine of not more than $25.
This bill would require every person, regardless of age, to wear a bicycle helmet when operating a bicycle, riding on a bicycle as a passenger, or riding in a trailer towed by a bicycle. The bill would also require a person engaged in these activities in the darkness to wear retroreflective high-visibility safety apparel, as specified. Because a violation of this requirement would be a crime, the bill would impose a state-mandated local program.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 21212 of the Vehicle Code is amended to read:21212.
(a) (1) A person
(2) A person shall not engage in the activities described in paragraph (1) in the darkness, as defined in Section 280, unless that person is wearing high-visibility safety apparel, which may include a vest, jacket, or shirt, that is retroreflective and meets the requirements of the American National Standard for High-Visibility Safety Apparel and Headwear, published by the American National Standards Institute/International Safety Equipment Association or standards subsequently established by those entities.
(b) A person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, or a skateboard, nor shall they wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle safety standards described in subdivision (a).
(c) Any helmet sold or offered for sale for use by operators and passengers of bicycles, nonmotorized scooters, skateboards, or in-line or roller skates shall be conspicuously labeled in accordance with the standard described in subdivision (a) which shall constitute the manufacturer’s certification that the helmet conforms to the applicable safety standards.
(d) No person shall sell, or offer for sale, for use by an operator or passenger of a bicycle, nonmotorized scooter, skateboard, or in-line or roller skates any safety helmet which is not of a type meeting requirements established by this section.
(e) Any charge under this subdivision shall be dismissed when the person charged alleges in court, under oath, that the charge against the person is the first charge against that person under this subdivision, unless it is otherwise established in court that the charge is not the first charge against the person.
(f) (1) Except as provided in subdivision (d) (e), a violation of this section is an infraction punishable by a fine of not more than twenty-five dollars ($25).
(2) The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this section shall be jointly and severally liable with the minor for the amount of the fine imposed pursuant to this subdivision.
(g) Notwithstanding Section 1463 of the Penal Code or any other provision of law, the fines collected for a violation of this section shall be allocated as follows:
(1) Seventy-two and one-half percent of the amount collected shall be deposited in a special account of the county health department, to be used for bicycle, nonmotorized scooter, skateboard, and in-line and roller skate safety education and for assisting low-income families in obtaining approved bicycle helmets for children under the age of 18 years of age, either on a loan or purchase basis. The county may contract for the implementation of this program, which, to the extent practicable, shall be operated in conjunction with the child passenger restraint program pursuant to Section 27360.
(2) Two and one-half percent of the amount collected shall be deposited in the county treasury to be used by the county to administer the program described in paragraph (1).
(3) If the violation occurred within a city, 25 percent of the amount collected shall be transferred to and deposited in the treasury of that city. If the violation occurred in an unincorporated area, this 25 percent shall be deposited and used pursuant to paragraph (1).
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.
2015 STATE OF WYOMING 15LSO-0538
HOUSE BILL NO. HB0206
Bicycles on roadways.
Sponsored by: Representative(s) Northrup, Burkhart, Hunt, Jaggi, Paxton and Steinmetz
HOUSE BILL NO. HB0206
Bicycles on roadways.
Sponsored by: Representative(s) Northrup, Burkhart, Hunt, Jaggi, Paxton and Steinmetz
A BILL for AN ACT relating to regulation of traffic on roadways; requiring bicyclists using roadways to wear colored clothing and carry photo identification; requiring lights on the rear of the bicycle as specified; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 31-5-704 by creating new subsections (d) and (e) and 31-5-706 by creating a new subsection (d) are amended to read:
31-5-704. Riding on roadways and designated paths.
(d) Persons riding bicycles upon a roadway shall wear not less than two hundred (200) square inches of high visibility fluorescent orange, green or pink color clothing visible from the front and the rear of the bicycle.
(e) Persons riding bicycles upon a roadway shall carry a government issued form of photo identification that includes the person's name, address and date of birth.
31-5-706. Lamps and other equipment.
(d) In addition to the lamps and reflectors required under this section, every bicycle shall be equipped at all times with a light emitting device, such as a strobe light or flashing light, on the rear of the bicycle.
Section 2. This act is effective July 1, 2015.
31-5-704. Riding on roadways and designated paths.
(d) Persons riding bicycles upon a roadway shall wear not less than two hundred (200) square inches of high visibility fluorescent orange, green or pink color clothing visible from the front and the rear of the bicycle.
(e) Persons riding bicycles upon a roadway shall carry a government issued form of photo identification that includes the person's name, address and date of birth.
31-5-706. Lamps and other equipment.
(d) In addition to the lamps and reflectors required under this section, every bicycle shall be equipped at all times with a light emitting device, such as a strobe light or flashing light, on the rear of the bicycle.
Section 2. This act is effective July 1, 2015.
