California Motorcycle Helmet Laws

The rules of the road regarding motorcycles are not well known. Here’s everything you need to know about California motorcycle helmet laws.

California has extensive helmet regulations to ensure the safety of drivers on the roads. Not only are helmets necessary, but the specific type of helmet, fit, and material are also critical in protecting riders from possible injury.

Are All Riders Required to Wear a Helmet?

California requires all riders to wear a helmet. As explained in Vehicle Code Section 27803, California’s mandatory helmet law states that 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.”

The law also extends beyond motorcycles, explicitly including all motorized bicycles and motor-driving cycles in its definition. The law helps ensure that anyone vulnerable to suffering a catastrophic or fatal injury is protected.

What kind of helmet satisfies the state’s helmet law?

Vehicle Code Section 27802 describes that the state has the right to establish safety specifications and standards for all helmets “offered for sale, or sold, for use by drivers and passengers.” At the very least, these standards will comply with safety regulations established by the federal government. Regulations provided by the Department of Transportation and National Highway Traffic Safety Administration outline the following minimum requirements for motorcycle safety helmets:

Helmet Weight: Helmets meeting minimum requirements should weigh approximately three pounds.
Sturdy, Riveted Chin Straps: Helmets must have a chin strap attached using sturdy rivets.
Inner Liner: Helmets must have a firm polystyrene foam liner approximately 1-inch thick lining the inside of the device.
Limited Protrusions: Helmets may not have any design features or functions that protrude more than two-tenths of an inch from the surface. Visor fasteners are acceptable, while spikes and other decorative features are prohibited.”

A DOT sticker can identify helmets that meet federal regulatory standards. California riders are encouraged to affix this sticker to their helmet to help law enforcement identify appropriate helmets.

What Are The Guidelines Surrounding How Helmets Should be Worn?

California law deems a motorcyclist to be fully wearing a helmet if:

The helmet’s straps are fastened
The helmet fits the person’s head securely, and
There is no lateral or vertical movement when fastened.

Therefore, riders violate California law by wearing a helmet but failing to fasten the chin straps or wearing a helmet that is too big.

In order to be protected, ensure that the helmet:

Meets U.S. DOT safety standards and has the manufacturer-applied DOT lettering on the back of the helmet.
Fits snugly all the way around.
Has no obvious defects such as cracks, loose padding, or frayed straps.
Is securely fastened on your head when you ride.

What Are The Consequences of Not Following California’s Helmet Law?

Potential Criminal Consequences

In California, it is illegal to ride on a motorcycle without an acceptable safety helmet. Not wearing a helmet is considered an immediate safety hazard by The California Highway Patrol, punishable by a fine of up to $250 and/or one year of probation.

Civil Consequences of Not Wearing a Helmet

Not wearing a helmet on a motorcycle can have much more devastating legal consequences than a minor fine and probation. If you are injured in an accident and were not wearing a helmet at the time, you could compromise your ability to recover monetary damages.

Accident victims who contribute to their accident or injury are not barred from recovering damages, as long as another person is also to blame. However, the number of damages you recover may decrease according to your degree of fault.

Contact Us

If you or a loved one would like to know more about California motorcycle helmet laws, get your free consultation with one of our attorneys today!