The Short Version
Whenever the red lights are flashing, you pull over and the police car stops
behind you, legally, technically, you are "under arrest." You will find the
Vehicle Code uses the term "under arrest" interchangeable with "pulled
over and ticketed."
Emphasis on this page is added for clarity and simplicity.
behind you, legally, technically, you are "under arrest." You will find the
Vehicle Code uses the term "under arrest" interchangeable with "pulled
over and ticketed."
Emphasis on this page is added for clarity and simplicity.
California Vehicle Code
Division 12
Helmets ( the "helmet seller" law)
27802. (a) The department may adopt reasonable regulations establishing specifications and
standards for safety helmets offered for sale, or sold, for use by drivers and passengers of
motorcycles and motorized bicycles as it determines are necessary for the safety of those
drivers and passengers. The regulations shall include, but are not limited to, the requirements
imposed by Federal Motor Vehicle Safety Standard No. 218 (49 C.F.R. Sec. 571.218) and may
include compliance with that federal standard by incorporation of its requirements by
reference. Each helmet sold or offered for sale for use by drivers and passengers of
motorcycles and motorized bicycles shall be conspicuously labeled in accordance with the
federal standard which shall constitute the manufacturer's certification that the helmet
conforms to the applicable federal motor vehicle safety standards.
(b) No person shall sell, or offer for sale, for use by a driver or passenger of a motorcycle or
motorized bicycle any safety helmet which is not of a type meeting requirements established by
the department.
The helmet law for "riders"
27803. (a) A driver and any passenger shall wear a safety helmet meeting requirements
established pursuant to Section 27802 when riding on a motorcycle, motor-driven cycle, or
motorized bicycle.
(b) It is unlawful to operate a motorcycle, motor-driven cycle, or motorized bicycle if the driver
or any passenger is not wearing a safety helmet as required by subdivision (a).
(c) It is unlawful to ride as a passenger on a motorcycle, motor-driven cycles, or motorized
bicycle if the driver or any passenger is not wearing a safety helmet as required by subdivision
(a).
(d) This section applies to persons who are riding on motorcycles, motor-driven cycles, or
motorized bicycles operated on the highways.
(e) For the purposes of this section, "wear a safety helmet" or "wearing a safety
helmet" means having a safety helmet meeting the requirements of Section 27802 on
the person's head that is fastened with the helmet straps and that is of a size that fits
the wearing person's head securely without excessive lateral or vertical movement.
(f) In enacting this section, it is the intent of the Legislature to ensure that all persons are
provided with an additional safety benefit while operating or riding a motorcycle, motor-driven
cycle, or motorized bicycle.
Division 12
Helmets ( the "helmet seller" law)
27802. (a) The department may adopt reasonable regulations establishing specifications and
standards for safety helmets offered for sale, or sold, for use by drivers and passengers of
motorcycles and motorized bicycles as it determines are necessary for the safety of those
drivers and passengers. The regulations shall include, but are not limited to, the requirements
imposed by Federal Motor Vehicle Safety Standard No. 218 (49 C.F.R. Sec. 571.218) and may
include compliance with that federal standard by incorporation of its requirements by
reference. Each helmet sold or offered for sale for use by drivers and passengers of
motorcycles and motorized bicycles shall be conspicuously labeled in accordance with the
federal standard which shall constitute the manufacturer's certification that the helmet
conforms to the applicable federal motor vehicle safety standards.
(b) No person shall sell, or offer for sale, for use by a driver or passenger of a motorcycle or
motorized bicycle any safety helmet which is not of a type meeting requirements established by
the department.
The helmet law for "riders"
27803. (a) A driver and any passenger shall wear a safety helmet meeting requirements
established pursuant to Section 27802 when riding on a motorcycle, motor-driven cycle, or
motorized bicycle.
(b) It is unlawful to operate a motorcycle, motor-driven cycle, or motorized bicycle if the driver
or any passenger is not wearing a safety helmet as required by subdivision (a).
(c) It is unlawful to ride as a passenger on a motorcycle, motor-driven cycles, or motorized
bicycle if the driver or any passenger is not wearing a safety helmet as required by subdivision
(a).
(d) This section applies to persons who are riding on motorcycles, motor-driven cycles, or
motorized bicycles operated on the highways.
(e) For the purposes of this section, "wear a safety helmet" or "wearing a safety
helmet" means having a safety helmet meeting the requirements of Section 27802 on
the person's head that is fastened with the helmet straps and that is of a size that fits
the wearing person's head securely without excessive lateral or vertical movement.
(f) In enacting this section, it is the intent of the Legislature to ensure that all persons are
provided with an additional safety benefit while operating or riding a motorcycle, motor-driven
cycle, or motorized bicycle.
| California Law makes helmet violations "fix-it" tickets (correctable). California Vehicle Code Division 17 Notice to Correct Violation for Specified Infractions 40303.5. Whenever any person is arrested for any of the following offenses, the arresting officer shall permit the arrested person to execute a notice containing a promise to correct the violation in accordance with the provisions of Section 40610 unless the arresting officer finds that any of the disqualifying conditions specified in subdivision (b) of Section 40610 exist: (a) Any registration infraction set forth in Division 3 (commencing with Section 4000). (b) Any driver's license infraction set forth in Division 6 (commencing with Section 12500), and subdivision (a) of Section 12951, relating to possession of driver's license. (c) Section 21201, relating to bicycle equipment. (d) Any infraction involving equipment set forth in Division 12 (commencing with Section 24000 (Where the helmet law is found.)), Division 13 (commencing with Section 29000), Division 14.8 (commencing with Section 34500), Division 16 (commencing with Section 36000), Division 16.5 (commencing with Section 38000), and Division 16.7 (commencing with Section 39000). Amended Ch. 258, Stats. 1992. Effective January 1, 1993. Notice to Correct Violation 40610. (a) (1) Except as provided in paragraph (2), if, after an arrest, accident investigation, or other law enforcement action, it appears that a violation has occurred involving a registration, license, all-terrain vehicle safety certificate, or mechanical requirement of this code, and none of the disqualifying conditions set forth in subdivision (b) exist and the investigating officer decides to take enforcement action, the officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator’s promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency. (2) If any person is arrested for a violation of Section 4454, and none of the disqualifying conditions set forth in subdivision (b) exist, the arresting officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator's promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency. In lieu of issuing a notice to correct violation pursuant to this section, the officer may issue a notice to appear, as specified in Section 40522. (b) Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section or a notice to appear shall be issued as provided in Section 40522, unless the officer finds any of the following: (1) Evidence of fraud or persistent neglect. (2) The violation presents an immediate safety hazard. (3) The violator does not agree to, or cannot, promptly correct the violation. (c) If any of the conditions set forth in subdivision (b) exist, the procedures specified in this section or Section 40522 are inapplicable, and the officer may take other appropriate enforcement action. (d) Except as otherwise provided in subdivision (a), the notice to correct violation shall be on a form approved by the Judicial Council and, in addition to the owner’s or operator’s address and identifying information, shall contain an estimate of the reasonable time required for correction and proof of correction of the particular defect, not to exceed 30 days, or 90 days for the all-terrain vehicle safety certificate. Amended Sec. 27, Ch. 908, Stats. 2004. Effective January 1, 2005. |
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There is no such animal as a 'DOT Approved' helmet.
You got ticketed for not wearing a DOT Approved helmet?
What is a DOT Approved helmet?
How does the DOT answer that question?
Click on each of the links to letters written by the DOT below:
Letter 1
Letter 2
Letter 3
Letter 4
Letter 5
Letter 6
Letter 7
Letter 8
Letter 9
Letter 10
Letter 11
Letter 12
Letter 13
Letter 14
Letter 15
Letter 16
All the above letters were written by the D.O.T responding to questions people had
about vehicle equipment. No "Department Of Transportation Approved" helmets
exist on this planet. The D.O.T. could not say it more clearly than they have.
DOT/NHTSA even told the CHP in a letter quit using the term DOT Approved
If your officer said, or your ticket says you did not wear an "approved" helmet,
he's right. There is no such thing. You should not be fined by the government for
not complying with a law it is impossible to comply with.
There is no such animal as a 'DOT Approved' helmet.
You got ticketed for not wearing a DOT Approved helmet?
What is a DOT Approved helmet?
How does the DOT answer that question?
Click on each of the links to letters written by the DOT below:
Letter 1
Letter 2
Letter 3
Letter 4
Letter 5
Letter 6
Letter 7
Letter 8
Letter 9
Letter 10
Letter 11
Letter 12
Letter 13
Letter 14
Letter 15
Letter 16
All the above letters were written by the D.O.T responding to questions people had
about vehicle equipment. No "Department Of Transportation Approved" helmets
exist on this planet. The D.O.T. could not say it more clearly than they have.
DOT/NHTSA even told the CHP in a letter quit using the term DOT Approved
If your officer said, or your ticket says you did not wear an "approved" helmet,
he's right. There is no such thing. You should not be fined by the government for
not complying with a law it is impossible to comply with.
CHP policy on helmet enforcement. Focus on c, "Procedure" part (3).
| Letter from CHP explaining it is legal to manufacture your own helmet. |
| Now read these 8 pages from a Superior Court Judge, Judge Barton. The Judges in your county should be ready to rule the same way, and for the same reasons. |
| So, put it all together, and you have a law that allows you to manufacture your own helmet for your own personal use in California. You certify that it meets the standards (if you believe it does). This is how every manufacturer's helmets get the DOT labels on the back, which makes the helmets legal in California in the eyes of the law (and therefore must be legal in the eyes of the officer). If an officer thinks your helmet is not in line with the standards (FMVSS 218) he should not be determining that it is legal or illegal before or during the traffic stop (in other words, he can't determine that at all. Read this. Procedure part (3)). If you are wearing a helmet or not, and you get a ticket, it must be written by the officer as a fix-it ticket (correctable). Take the correctable citation and a helmet to a law enforcement officer and get the ticket signed off. The case should be dismissed and there is usually a $10.00 administrative fee in California. So, the question you might ask yourself - How will I make my helmet, and what will it look like when it's done? Let us know what your headgear looks like after you manufacture and certify it. Email a picture of your motorcycle safety helmet you made. Here is the Best of the Best headgear manufacturers We've seen. |
| So, after I got a ticket for violating the helmet law even though I was wearing a helmet I made, the first step was to go to the office the arresting officer works out of, and file a complaint against the officer for violating the law, because he wrote the ticket as 'not correctable'. California law is clear - a violation of the helmet law MUST be written as correctable. If the officer does not write the ticket as correctable, he has violated your 14 Amendment (Constitutional) Rights to Due Process. |
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-What is a helmet and what does the California helmet law require?
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Have you noticed? There is NO mention anywhere of a CHINSTRAP being required.
This imaginary requirement is a common mistake made by law enforcement officers.
Have you noticed? There is NO mention anywhere of a CHINSTRAP being required.
This imaginary requirement is a common mistake made by law enforcement officers.
The California Courts must rely heavily on the Buhl v Hannigan decision, and
the Bianco v CHP decision.
the Bianco v CHP decision.
| Congratulations to Cal, from Citrus Heights, CA, for the creativity and ingenuity to come up with the design and manufacturing skill for this extremely lightweight, but still legal headgear. This design utilizes the aerodynamic shape and close fit to give a rider the sensation that the headgear isn't even there. 6-17-07 |
| This unique design, worn by Luke, of Orangevale, California, is as lightweight as it gets. And yes, the symbol is a real tattoo. We believe it would be difficult to convince a Traffic Commissioner or Law enforcement Officer that the manufacturer intended this gear for use on the road, but the burden of proof is on the accuser, right? The pen above the left ear and the stud in the right earlobe are not a part of the headgear. Cool head, Luke. |
6-1-08
| BOLT of California At A Glance |
Correspondence from Erika Z. Jones Chief Counsel, NHTSA
http://isearch.nhtsa.gov/files/3315o.html
"Please note that Federal law does not prohibit the helmet's owner
or any other person that is not a manufacturer, distributor, dealer,
or repair business from removing the label from motorcycle helmets.
Thus, the owner of a motorcycle helmet is permitted to remove the
label from his or her helmet for any reason without violating any
provision of Federal law."
A good document to take with you to court if defending yourself against a helmet
ticket, if the officer says your helmet is illegal because it's missing the DOT
label.
http://isearch.nhtsa.gov/files/3315o.html
"Please note that Federal law does not prohibit the helmet's owner
or any other person that is not a manufacturer, distributor, dealer,
or repair business from removing the label from motorcycle helmets.
Thus, the owner of a motorcycle helmet is permitted to remove the
label from his or her helmet for any reason without violating any
provision of Federal law."
A good document to take with you to court if defending yourself against a helmet
ticket, if the officer says your helmet is illegal because it's missing the DOT
label.
Here is the 6th Appellate Court ruling stating the CHP was
wrong, and we were right - helmet violations are fix-it tickets.
wrong, and we were right - helmet violations are fix-it tickets.