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Helmet Laws

Here is are the current laws that all students riding scooters, bikes, skateboards and skates should abide by:

 

California Helmet Law for
Bicycles, Scooters, Skateboards and Skates
An act to amend Section 21212 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
Senate Bill 1924, O'Connell. Vehicles.
Existing law requires a person under 18 years of age to wear a properly
fitted and fastened bicycle helmet while operating a bicycle or riding upon a
bicycle as a passenger upon the streets or any other public bicycle path.
This bill would also require that persons under 18 years of age wear a
helmet while operating a nonmotorized scooter or skateboard, while
wearing in-line or roller skates, or while riding upon a nonmotorized
scooter or skateboard as a passenger. Because this bill would expand the
scope of an existing crime, it 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.
The people of the state of California do enact as follows:
SECTION 1. Section 21212 of the Vehicle Code is amended to read:
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).
SECTION 2.
No reimbursement is required by this act pursuant to Section 6 of Article
XIII B of the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California Constitution.
Bill Number SB 1924
Chaptered Bill Text Chapter 475
Filed with Secretary of State September 11, 2002
Approved by Governor September 11, 2002
Passed the Senate August 29, 2002
Passed the Assembly August 20, 2002
Amended in Assembly June 25, 2002
Amended in Senate April 11, 2002
Introduced by Senator O'Connell February 22, 2002
Coauthors: Senator Speier and Assembly Member Dutra