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Harley Riders USA Forums » General Interest » Itís the Law » Cali helmet law question.


Itís the Law Lots of things affect the biker lifestyle. Hereís where to post updates and news about helmet laws, ground pounding loud pipes, and other important things about the law.



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Old 09-25-2008, 09:09 PM Top   #1 (permalink)
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Default Cali helmet law question.

Since I dont have to wear a helmet in AZ. was wonderin what would happen if I rode into Cali.,not wearing one. Would they just pull me over and tell me to wear one next time? Or would they write me up? Also, how much is the ticket for not wearing a helmet?
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Old 09-25-2008, 09:20 PM Top   #2 (permalink)
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OJ may have a more definitive answer for ya, but i'll quote vehicle code:

Section 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 40610 unless the arresting officer finds that any of the disqualifying conditions specified in the subdivision (b) of Section 40610 exist: . . . (d) Any infraction involving equipment set forth in Division 12 (commencing with Section 240000) . . . (Note: which includes section 27803, the helmet law.)"



Section 40610(b) states:


"Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section . . . 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."

BUT
CHP states that riding without a helmet (or a non-DOT helmet) does indeed constitute "an immediate safety hazard" and they don't consider it correctable. so it could be anywhere from a $10 fix it (and you'd have to show proof of correction) to a $250 fine.
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Old 09-26-2008, 02:48 PM Top   #3 (permalink)
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Hey Bum...sorry it took so long to get back to you...I just accidently ran across this thread and saw Murrays reply to you....this is how I replied to STRUMMER on the LEO thread.

DOT helmets are required in California...will you get stopped for not wearing one......depends where you are at the time and the agencies philosophies and culture. Not every agency makes this a priority, not every officer makes this priority. It's a toss up!!!

Most agencies don't bother non-DOT wearing riders unless that rider is causing attention to ones self. There have been some agencies in CA within the past few years, cities like Huntington Beach, Newport Beach, Laguna Beach, Long Beach have been known to stop and cite cyclists wearing non-DOT helmets but usually it's also for some other infraction such as loud pipes, burnouts, etc.

These are "problem cities" where the community has buried city council members with complaints and demanding something be done about the "renegade bikers"...well the perverbial shit ball rolls downhill to the "street grunt" and they are tasked with this type of enforcement..i.e. citing for non-DOT helmets, loud pipes, etc.

I always wear a DOT helmet so I've never been stopped. A friend of mine (L.E.O.) had been stopped just for his non-DOT helmet and was cited.

Just to be on the safe side and avoid the hassle...I'd recommend wearing one!
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Old 12-03-2008, 01:48 PM Top   #4 (permalink)
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Been there done that.. A very nice and incredibly handsome officer reminded me 14 miles in that might want to place on my Kranium Crate!! It was strapped right on the back seat!! I never saw the sign.

I thanked him, placed on my bucket and off I went. (He never said a word about the pipes either)

It always depends on his mood, but always make sure you are in a good one!!
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Old 03-24-2016, 09:27 AM Top   #5 (permalink)
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I have a real problem with this one and I wear a DOT helmet. Yeah, even before the law required one. My problem falls to hypocrisy. CVC 26708a states you can't put window tint on the drivers compartment left or right windows. Ok, my state says you can. I go to California and they don't bother me because I have out of state plates.

Now let's try helmets. They aren't required in Arizona and the bike is legally registered and insured in Arizona. So, go to California and get pulled over for no helmet. That dog don't hunt.
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Old 03-24-2016, 09:58 AM Top   #6 (permalink)
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I have a real problem with this one and I wear a DOT helmet. Yeah, even before the law required one. My problem falls to hypocrisy. CVC 26708a states you can't put window tint on the drivers compartment left or right windows. Ok, my state says you can. I go to California and they don't bother me because I have out of state plates.

Now let's try helmets. They aren't required in Arizona and the bike is legally registered and insured in Arizona. So, go to California and get pulled over for no helmet. That dog don't hunt.
It seems the two laws have different intent and then theres the fact that you can't just remove the tint when you cross state borders. Would you prefer they cite your tinted windows?
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Old 03-24-2016, 01:53 PM Top   #7 (permalink)
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Quote:
So, go to California and get pulled over for no helmet. That dog don't hunt.
...what can I say KOMMIFORNIASTAN is a fucked up state, I hate this place!!!

Whatever state you travel to and through it is ones responsibility to know and obey their laws. It's the same thing here....in Commie land one can split traffic, go to another state you can't and will get cited for it. Also, ignorance of the law IS NOT a defense....been tried thousands of times but never successful.
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Old 03-25-2016, 01:45 AM Top   #8 (permalink)
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It seems the two laws have different intent and then theres the fact that you can't just remove the tint when you cross state borders. Would you prefer they cite your tinted windows?
LOL!!! Truth is, I have run illegal tints on all my work vans for 20 some years. They very rarely address it. Usually when stopped for some other reason and the cop is aggravated or you aggravated him, he'll take the opportunity, otherwise they ignore it.
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Old 03-25-2016, 04:22 PM Top   #9 (permalink)
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It seems the two laws have different intent and then theres the fact that you can't just remove the tint when you cross state borders. Would you prefer they cite your tinted windows?
Having been a Ranger in 2 forests within Southern California it's always been my understanding both laws are considered public safety issues. In the case of tint it also falls back on Officer safety. Two separate laws with similar reasonings yet very different enforcement actions. However, the tint even within the various agencies of California is often considered a secondary offense in that if you're lit up for one offense you'll get it for the tint as well.

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Old 03-25-2016, 04:35 PM Top   #10 (permalink)
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...what can I say KOMMIFORNIASTAN is a fucked up state, I hate this place!!!

Whatever state you travel to and through it is ones responsibility to know and obey their laws. It's the same thing here....in Commie land one can split traffic, go to another state you can't and will get cited for it. Also, ignorance of the law IS NOT a defense....been tried thousands of times but never successful.

With respect to the phrase "ignorance of the law IS NOT a defense." In traffic law it depends on meeting the 3 E's of engineering, education and enforcement. In other words our bad that made you do bad. In the case of our friends at the US Treasury IRS, it is clearly published within tax law that ignorance of the law is in fact an excuse.

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Old 03-25-2016, 11:04 PM Top   #11 (permalink)
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If you folks ever get a few minutes look up People of the State of California v. Melody Robin Woods. The elements of this case acknowledged in the ruling make the arguement for helmet laws being unconstitutional because governments have yet to produce anything that indicates which helmets are approved hence leading to the "No list no law" debate.

The cout trial was held on September 2, 1992.

Further reading: Connally v. General Construction Company, US Supreme Court, 1926. This case brought about the Constitutional requirements of certainty. It established rules of fair play.

Basically it works like this. If the helmet had a DOT sticker on it and the consumer has no reference as to what is or isn't an approved helmet then all they have to go by is said sticker. Therefore, the consumer can not be held liable because the government has nothing to suggest a helmet with a DOT sticker is or isn't in compliance.

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Old 03-26-2016, 01:46 AM Top   #12 (permalink)
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Having been a Ranger in 2 forests within Southern California it's always been my understanding

*both laws are considered public safety issues. In the case of tint it also falls back on Officer safety.

Two separate laws with similar reasonings yet very different enforcement actions. However, the tint even within the various agencies of California is often considered a secondary offense in that if you're

lit up for one offense you'll get it for the tint as well.

Cheers, Noah
Spot on.
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Old 04-01-2016, 05:05 PM Top   #13 (permalink)
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re: the fine for helmet law in California... $10 fix it to $250 and probation. Just let it be know that California ALSO imposes a surcharge on top of the fine. This goes toward new courts, night court and security!

We we told cell phone tickets were only $25.... but people who got the tickets were outraged when they went to court and paid nearly $200!
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Old 04-06-2016, 05:37 PM Top   #14 (permalink)
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We we told cell phone tickets were only $25.... but people who got the tickets were outraged when they went to court and paid nearly $200!
200.00 dollars? Should be 2,000 an I bet they only do it once, which is about the time they run the bike over.
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Old 04-07-2016, 03:09 AM Top   #15 (permalink)
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200.00 dollars? Should be 2,000 an I bet they only do it once, which is about the time they run the bike over.
Should definitely be higher consequences.

I have no doubt, it will eventually get to a ridiculous point where the Gov has to act heavy highhandedly. Like the DUI. It's now a crime to use mouth wash and drive, but, the focking drunks kept on keepin' on and forced the issue. Not taking sides, just sayin' how it always happens.

This phone shit will be the same way. Albeit late for some unfortunate victims. It's just a focking shame that society has such little self control and lets narcissism and self importance out rule common sense, courtesy and responsibility.
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Old 04-08-2016, 07:55 AM Top   #16 (permalink)
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Should definitely be higher consequences.

I have no doubt, it will eventually get to a ridiculous point where the Gov has to act heavy highhandedly. Like the DUI. It's now a crime to use mouth wash and drive, but, the focking drunks kept on keepin' on and forced the issue. Not taking sides, just sayin' how it always happens.

This phone shit will be the same way. Albeit late for some unfortunate victims. It's just a focking shame that society has such little self control and lets narcissism and self importance out rule common sense, courtesy and responsibility.
In London a motor officer filters traffic on the likes of a KLR 650 looking for people with the phone in their hand. He taps on the window and that fickle finger says yur mine. Lol

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Old 04-08-2016, 09:57 AM Top   #17 (permalink)
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In London a motor officer filters traffic on the likes of a KLR 650 looking for people with the phone in their hand. He taps on the window and that fickle finger says yur mine. Lol

Cheers, Noah

I've seen cops driving with a phone in their ear.
The PD could make a fortune, I see it a lot and I'm not necessarily looking for it. It's just easy to see on the bike, imagine if they targeted it?
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Old 04-10-2016, 09:29 PM Top   #18 (permalink)
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And conversely, a motor cop can easily see inside the vehicle: seatbelt unfastened, cell phone texting, beer in the coffee holder, narcotics paraphernalia, etc. What motor officers are paid to do. and most are good at it!
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Old 04-11-2016, 04:17 AM Top   #19 (permalink)
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And conversely, a motor cop can easily see inside the vehicle: seatbelt unfastened, cell phone texting, beer in the coffee holder, narcotics paraphernalia, etc. What motor officers are paid to do. and most are good at it!
Tom, I'm not so sure they give a sh!t as far as making a stop just because of a phone. YET! Maybe some LEO's can chime in.

I just read that 41% of all accidents involved a focking phone. That's bullsh!t to have to worry about these self important azzholes on the phone along with everything else. Like eating, loud music, make-up, drinking, drugs, haphazard-reckless driving, and whatever else they do behind the wheel.
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Old 04-11-2016, 06:57 PM Top   #20 (permalink)
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Tom, I'm not so sure they give a sh!t as far as making a stop just because of a phone. YET! Maybe some LEO's can chime in.

I just read that 41% of all accidents involved a focking phone. That's bullsh!t to have to worry about these self important azzholes on the phone along with everything else. Like eating, loud music, make-up, drinking, drugs, haphazard-reckless driving, and whatever else they do behind the wheel.
Jesup H Christ Beard they're telling us to not text and drive yet they have so much crap in the infotainment systems who the hell wants to drive when they can play Warlords on the buttons from the frigging steering wheel. Hell, now they can watch a Mockingbird dvd while driving by just pulling the sun visor down. Now I know why they want autonomous cars.

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Old 04-12-2016, 03:06 AM Top   #21 (permalink)
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Jesup H Christ Beard they're telling us to not text and drive yet they have so much crap in the infotainment systems who the hell wants to drive when they can play Warlords on the buttons from the frigging steering wheel. Hell, now they can watch a Mockingbird dvd while driving by just pulling the sun visor down. Now I know why they want autonomous cars.

Cheers, Noah
True, but it all comes with a disclaimer.
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Old 06-04-2016, 06:17 AM Top   #22 (permalink)
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How about a leather doo-rag with a dot sticker on it.
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