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Anonymous
today me and my friend pulled over by a cop because we weren't wearing our bike helmets, and he gave us both citations. he said that we would get a letter in the mail from the court telling us what we would do, and for us to show the ticket to our parents. what happens? what is the penalty? what is the court going to make me do?
Answer
To answer your question:
Youth Bicycle Helmets: Minors
California 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).
Added Ch. 1000, Stats. 1993. Effective January 1, 1994.
Amended Sec. 6, Ch. 674, Stats. 1996. Effective January 1, 1997.
Amended Sec. 1, Ch. 475, Stats. 2002. Effective January 1, 2003.
http://www.dmv.ca.gov/pubs/vctop/d11/vc21212.htm
some further info...for future reference:
Bicycle deaths by helmet use, 1994-2005
No helmet Helmet Total*
Year Num % Num % Num
1994 776 97 19 2 796
1995 783 95 34 4 828
1996 731 96 27 4 761
1997 785 97 23 3 811
1998 741 98 16 2 757
1999 698 93 42 6 750
2000 622 90 50 7 689
2001 616 84 60 8 729
2002 589 89 54 8 663
2003 527 85 57 9 619
2004 602 83 87 12 722
2005 673 86 76 10 782
What are the laws in California of using a Scooter of 108cc engine?
SolidSnake
I want to buy a 2010 Honda Elite 110 which has a 108cc engine.
I am wondering what are the laws of owning and riding that scooter.
Also additional: Do you need to buy insurance, and pay another fees?
Answer
See link below.
"A motor-driven cycle is a motorcycle whose motor displaces less than 150 cubic centimeters."
"Motorcycles, Motor-Driven Cycles, Motorized Bicycles/Mopeds (Section 406(a) VC ) - A helmet meeting Federal Motor Vehicle Safety Standard 218, self-certified by the manufacturer and displaying a 'DOT' emblem must be worn by all riders of motocycles, motor-driven cycles, and motorized bicycles/mopeds."
"Motorcycle, motor-driven cycle, motorized bicycle/moped (Section 406(a) VC)
Must obtain an M-1 or M-2 endorsement on a driver's license.
M-1 allows the driver to operate a motorcycle, motor-driven cycle and moped
M-2 allows for operation of a moped or motorized bicycle only.
To obtain an M-1 or M-2 endorsement, the driver must:
Pass the appropriate written exam
Pass riding skills test (DMV will accept certificate of competence from an approved novice motorcyclist training program instead of skills test, such as the California Motorcyclist Safety Program).
If the individual is under 21 years of age, mandatory successful completion of a Basic Rider education course approved by the CHP is required, such as the Basic Rider course available through the California Motorcyclist Safety Program."
I am certain you will need insurance.
Good Luck
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