BILL NUMBER: AB 2268 ENROLLED 09/08/93 BILL TEXT PASSED THE ASSEMBLY SEPTEMBER 8, 1993 PASSED THE SENATE SEPTEMBER 7, 1993 AMENDED IN SENATE SEPTEMBER 1, 1993 AMENDED IN SENATE JULY 8, 1993 AMENDED IN ASSEMBLY JUNE 2, 1993 AMENDED IN ASSEMBLY MAY 4, 1993 AMENDED IN ASSEMBLY APRIL 19, 1993 INTRODUCED BY Assembly Member Caldera (Principal coauthor: Senator Torres) MARCH 5, 1993 An act to amend Section 21204 of, and to add Section 21212 to, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 2268, Caldera. Bicycles: safety helmets. (1) Existing law prohibits a person operating a bicycle upon a highway from allowing a person who is 4 years of age or younger, or weighs 40 pounds or less, to ride as a passenger on a bicycle unless that passenger is wearing a helmet meeting specified standards. This bill would, instead, prohibit a person under 18 years of age from operating, or riding upon a bicycle as a passenger, upon a street, bikeway, or other public bicycle path or trail unless the person is wearing a helmet meeting specified standards. The bill, commencing in 1995, would provide for fines to be imposed for violations of this prohibition and would require all the revenue derived from the fines to be allocated, as specified. The bill would, however, require that the charge against a person be dismissed if it is the first charge against that person for a violation of this prohibition. The bill would require any safety helmet sold or offered for sale to be conspicuously labeled in accordance with the specified standards and would prohibit the sale or offer for sale of any bicycle safety helmet which is not of a type meeting the safety standards. Since under other provisions of existing law, violation of the prohibitions and requirements imposed by this bill would be infractions, this bill would create new crimes, thereby imposing a state-mandated local program. (2) 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 21204 of the Vehicle Code is amended to read: 21204. (a) No person operating a bicycle upon a highway shall ride other than upon or astride a permanent and regular seat attached thereto. (b) No operator shall allow a person riding as a passenger, and no person shall ride as a passenger, on a bicycle upon a highway other than upon or astride a separate seat attached thereto. If the passenger is four years of age or younger, or weighs 40 pounds or less, the seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle. SEC. 2. Section 21212 is added to the Vehicle Code, to read: 21212. (a) A person under 18 years of age shall not operate a bicycle, or ride upon a bicycle as a passenger, upon a street, bikeway, as defined in subdivision (a) of Section 2373 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 the American National Standards Institute (ANSI Z 90.4 bicycle helmet standard) or the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling. 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. (b) Any helmet sold or offered for sale for use by operators and passengers of bicycles 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. (c) No person shall sell, or offer for sale, for use by an operator or passenger of a bicycle any safety helmet which is not of a type meeting requirements established by this section. (d) (1) A person who violates a requirement of this section in 1994 shall be warned of the violation by the enforcing official, but shall not be issued a notice to appear. (2) 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. (e) Except as provided in subdivision (d), a violation of this section is an infraction punishable by a fine of not more than twenty-five dollars ($25). 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. (f) 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 safety education and for assisting low-income families in obtaining approved bicycle helmets for children under the age of 18 years, 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. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.