Senate BillNo. 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

SB 192, as introduced, 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.

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:

P2    1

SECTION 1.  

Section 21212 of the Vehicle Code is amended
2to read:

3

21212.  

(a) begin insert(1)end insertbegin insertend insert A personbegin delete underend deletebegin insert shall not operate a bicycle, or
4ride upon a bicycle as a passenger, upon a street, bikeway, as
5defined in Section 890.4 of the Streets and Highways Code, or any
6other public bicycle path or trail unless that person is wearing a
7properly fitted and fastened bicycle helmet that meets the standards
8of either the American Society for Testing and Materials (ASTM)
9or the United States Consumer Product Safety Commission
10(CPSC), or standards subsequently established by those entities.
11This requirement also applies to a person who rides upon a bicycle
12while in a restraining seat that is attached to the bicycle or in a
13trailer towed by the bicycle.end insert

begin insert

14(2) A person shall not engage in the activities described in
15paragraph (1) in the darkness, as defined in Section 280, unless
16that person is wearing high-visibility safety apparel, which may
17include a vest, jacket, or shirt, that is retroreflective and meets the
18requirements of the American National Standard for High-Visibility
19Safety Apparel and Headwear, published by the American National
20Standards Institute/International Safety Equipment Association
21or standards subsequently established by those entities.

end insert

22begin insert(b)end insertbegin insertend insertbegin insertA person underend insertbegin insert end insert18 years of age shall not operatebegin delete a bicycle,end delete
23 a nonmotorized scooterbegin delete,end delete or a skateboard, norbegin delete shall theyend delete wear in-line
24or roller skates, nor ride uponbegin delete a bicycle,end delete a nonmotorized scooterbegin delete,end delete
25 or a skateboard as a passenger, upon a street, bikeway, as defined
26in Section 890.4 of the Streets and Highways Code, or any other
27public bicycle path or trail unless that person is wearing a properly
28fitted and fastened bicycle helmet that meets thebegin delete standards of either
29the American Society for Testing and Materials (ASTM) or the
30United States Consumer Product Safety Commission (CPSC), or
31standards subsequently established by those entities. This
32requirement also applies to a person who rides upon a bicycle
33while in a restraining seat that is attached to the bicycle or in a
34trailer towed by the bicycleend delete
begin insert safety standards described in
35subdivision (a)end insert
.

begin delete

36(b)

end delete

37begin insert(c)end insert Any helmet sold or offered for sale for use by operators and
38passengers of bicycles, nonmotorized scooters, skateboards, or
P3    1in-line or roller skates shall be conspicuously labeled in accordance
2with the standard described in subdivision (a) which shall constitute
3the manufacturer’s certification that the helmet conforms to the
4applicable safety standards.

begin delete

5(c)

end delete

6begin insert(d)end insert No person shall sell, or offer for sale, for use by an operator
7or passenger of a bicycle, nonmotorized scooter, skateboard, or
8in-line or roller skates any safety helmetbegin delete whichend delete is not of a type
9meeting requirements established by this section.

begin delete

10(d)

end delete

11begin insert(e)end insert Any charge under this subdivision shall be dismissed when
12the person charged alleges in court, under oath, that the charge
13against the person is the first charge against that person under this
14subdivision, unless it is otherwise established in court that the
15charge is not the first charge against the person.

begin delete

16(e)

end delete

17begin insert(f)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insertExcept as provided in subdivisionbegin delete (d)end deletebegin insert (e)end insert, a violation of
18this section is an infraction punishable by a fine of not more than
19twenty-five dollars ($25).

20begin insert(2)end insertbegin insertend insertThe parent or legal guardian having control or custody of
21an unemancipated minor whose conduct violates this section shall
22be jointly and severally liable with the minor for the amount of
23the fine imposed pursuant to this subdivision.

begin delete

24(f)

end delete

25begin insert(g)end insert Notwithstanding Section 1463 of the Penal Code or any
26other provision of law, the fines collected for a violation of this
27section shall be allocated as follows:

28(1) Seventy-two and one-half percent of the amount collected
29shall be deposited in a special account of the county health
30department, to be used for bicycle, nonmotorized scooter,
31skateboard, and in-line and roller skate safety education and for
32assisting low-income families in obtaining approved bicycle
33helmets for children underbegin delete the age ofend delete 18 yearsbegin insert of ageend insert, either on a
34loan or purchase basis. The county may contract for the
35implementation of this program, which, to the extent practicable,
36shall be operated in conjunction with the child passenger restraint
37program pursuant to Section 27360.

38(2) Two and one-half percent of the amount collected shall be
39deposited in the county treasury to be used by the county to
40administer the program described in paragraph (1).

P4    1(3) If the violation occurred within a city, 25 percent of the
2amount collected shall be transferred to and deposited in the
3treasury of that city. If the violation occurred in an unincorporated
4area, this 25 percent shall be deposited and used pursuant to
5paragraph (1).

6

SEC. 2.  

No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8the only costs that may be incurred by a local agency or school
9district will be incurred because this act creates a new crime or
10infraction, eliminates a crime or infraction, or changes the penalty
11for a crime or infraction, within the meaning of Section 17556 of
12the Government Code, or changes the definition of a crime within
13the meaning of Section 6 of Article XIII B of the California
14Constitution.



O

    99