UPDATE California mandatory bicycle helmet law and retroreflective clothing bill [Senate Bill 192 2015]
As for the California Senate Bill 192 introduced in February 2015 discussed in our earlier post a number of bicycle advocacy groups came out of the woodwork against this bill much like the mandatory motorcycle helmet bills. The changes are set forth below as of this posting, so it looks like the clothing part is gone as well. The revised bill language is now asking the state’s Office of Traffic Study (OTS) to work with the California Highway Patrol (CHP) to investigate helmet use and report back the findings in early 2017. Robert Oakes, the legislative director of the bill sponsor stated that "The hope is that OTS and the CHP can examine current bicycle helmet use and accident reports to determine what percentage of adults do not wear a helmet when they ride a bike, and also determine how many deaths and injuries would have been prevented if those riders had been required to wear helmets". The "theory" is that many injuries or deaths in car vs bike scenarios would not be prevented with just helmets but of course what really needs to be examined closely at are long term traumatic brain injuries (but not necessarily fatal) that occur due to the lack of a helmet regardless of the circumstances of the crash or other injuries that would not be prevented using a helmet (such as injuries to other body parts).
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.
YESNO
SECTION 1.Section 21212 of the Vehicle Code is amended to read:21212.
(a)(1)A
person shall not operate a bicycle, or ride upon a bicycle 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.
(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 nonmotorized scooter or a skateboard, nor wear in-line or roller
skates, nor ride upon 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
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 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 (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
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.
Amended IN Senate April 09, 2015 |
CALIFORNIA LEGISLATURE—
2015–2016 REGULAR SESSION
Senate Bill | No. 192 |
Introduced by Senator Liu |
February 10, 2015 |
An act to amend Section 21212 of add and repeal Section 21213 of the Vehicle Code, relating to bicycles.
LEGISLATIVE COUNSEL'S DIGEST
SB 192, as amended, Liu.
Bicycles: helmets.
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.
require the Office of Traffic Study, in coordination with the
Department of the California Highway Patrol, to conduct a comprehensive
study of bicycle helmet use, including specified information, and to
report the study’s findings to the Senate Committee on Transportation
and Housing and the Assembly Committee on Transportation by January 1,
2017.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 21213 is added to the Vehicle Code, to read:21213.
(a) The Office of Traffic Study, in coordination with the department, shall conduct a comprehensive study of bicycle helmet use, including, but not limited to, determining the percentage of California bicyclists who do not wear helmets, and the fatalities or serious injuries that could have been avoided if helmets had been worn. A report of the study’s findings shall be submitted to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation by January 1, 2017.
(b) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January, 1, 2021.
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