Neither Re
Answer
The short answer is yes if you are under the age of 18.
The current law in California regarding bicycle helmets applies only to those under the age of 18. Even so, I have taken a couple of spills off of a bicycle in my adult years and I am glad I was wearing a helmet.
Here is the section from the Vehicle Code:
21212. (a) 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.
(b) 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.
(c) 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.
(d) 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, 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, 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).
The short answer is yes if you are under the age of 18.
The current law in California regarding bicycle helmets applies only to those under the age of 18. Even so, I have taken a couple of spills off of a bicycle in my adult years and I am glad I was wearing a helmet.
Here is the section from the Vehicle Code:
21212. (a) 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.
(b) 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.
(c) 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.
(d) 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, 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, 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).
Bicycle Helmets and what you think?
Matt E
So, Just wondering what you all think of them? The helmet safety standards are very wierdly tested and helmets dont really protect you from a side hit like a hit from center of the top. Anyhow, if its a law in some states for children up to 16 and in other states, that even adults have to wear them, why are they not standard with the bicycle that you buy? I mean, cars automatically come with safety belts because they have been proven to help with safety during accidents, and because its the law to wear them so why arent bikes not fitted with a free helmet voucher? Besides the whole companies trying to make extra money do you know why this is not a law yet?
Answer
Helmets are NOT like seatbelts in cars, they are separate and vary widely in design and price. Furthermore, there is no national law saying every bike rider must wear a helmet. The manufacturuer of the bike isn't the manufacturer of the helmet, so how do costs get assigned? How much does the voucher cover? Does the helmet manufacturuer get paid if the bike buyer doesn't want a helmet? etc, etc.
It makes more sense the way it is. If the law says helmet everyone picks what they want/can afford (all have to meet safety standards despite cost differences). If they don't have to have one/choose not to there is no extra cost. To do otherwise puts costs up for everyone.
Helmets are NOT like seatbelts in cars, they are separate and vary widely in design and price. Furthermore, there is no national law saying every bike rider must wear a helmet. The manufacturuer of the bike isn't the manufacturer of the helmet, so how do costs get assigned? How much does the voucher cover? Does the helmet manufacturuer get paid if the bike buyer doesn't want a helmet? etc, etc.
It makes more sense the way it is. If the law says helmet everyone picks what they want/can afford (all have to meet safety standards despite cost differences). If they don't have to have one/choose not to there is no extra cost. To do otherwise puts costs up for everyone.
Powered by Yahoo! Answers
Title Post: CA Bicycle helmets. Is it a requirement to wear a helmet when riding a bicycle in California (Palm Springs)?
Rating: 100% based on 9998 ratings. 5 user reviews.
Author: Unknown
Thanks For Coming To My Blog
Rating: 100% based on 9998 ratings. 5 user reviews.
Author: Unknown
Thanks For Coming To My Blog
Tidak ada komentar:
Posting Komentar