Amended in Senate April 9, 2015

Senate Bill No. 192

Introduced by Senator Liu

February 10, 2015

An act to begin delete amend Section 21212 of end delete begin insert add and repeal Section 21213 of end insert 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 begin delete 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. end delete begin insert 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. end insert

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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.

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

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

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begin insert SECTION end insert begin insert 1. end insert   

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begin insert Section 21213 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

begin insert

begin insert 21213. end insert   

(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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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.

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