THE OFFICER DID`NT GET THE MEMO
http://www.boltofca.com/NutsandBolts.html
1. PURPOSE. Laws relating to the operation of certain other modes of transportation
require unique handling procedures when taking enforcement action. This chapter
provides direction to officers contemplating enforcement action against the operators of
these modes of transportation.
2. MOTORCYCLE HELMET REQUIREMENTS.
a. Authority.
(1) Section 27803 of the Vehicle Code (VC) was enacted to help reduce
injuries to passengers and operators of motorcycles, motor-driven cycles,
and/or motorized bicycles (including mopeds). Section 27803 VC requires all
operators and passengers of these vehicles to wear a motorcycle safety helmet,
certified by the manufacturer at the time of sale to meet federal standards, while
on a highway.
NOTE: Effective January 1, 1998, Section 27803(f) VC exempts a person
operating or riding in a fully enclosed three-wheeled motor vehicle that is not
less than seven feet in length and not less than four feet in width and has an
unladen weight of 900 pounds or more, if the vehicle meets or exceeds all of
the requirements of the VC, the Federal Motor Vehicle Safety Standards
(FMVSS) for motorcycles, and the rules and regulations adopted by the United
States Department of Transportation and the National Highway Traffic Safety
Administration from the requirement to wear a safety helmet.
(2) A motorcycle safety helmet is any helmet certified by the manufacturer at
the time of sale to meet FMVSS. The specific requirements are contained in
FMVSS 218 (49 CFR, Part 571). This standard requires that each helmet be
labeled permanently and legibly so that the label(s) can be read showing:
(a) Manufacturer's name.
(b) Model designation.
(c) Size.
(page) 4-1
HPM 100.68
--------------------------------------------------------------------------------------------------------------------------------------
(d) Month and year of manufacture.
(e) The symbol "DOT" should appear on the outer surface, in a color
that contrasts with the helmet color, on the bottom edge of the posterior
portion of the helmet.
(3) Proper use of the safety helmet is defined in Section 27803(e) VC. The
helmet shall be worn on the head with straps fastened and be of a size that fits
the wearing person's head securely, without excessive lateral or vertical
movement.
b. Policy.
Enforcement of Section 27803 VC shall apply to all persons whether
they are the operator of, or the passenger on, a motorcycle, a motor-driven cycle, or
a motorized bicycle operated on a highway. This includes an operator or passenger
of a three-wheel motorcycle and passengers seated in a sidecar attached to a
motorcycle or motorized bicycle.
c. Procedure.
(1) Section 27803(b) VC should be used to cite the operator of a motorcycle,
a motor-driven cycle, or motorized bicycle for not wearing a safety helmet that
meets federal standards, or for allowing a passenger to ride without a
motorcycle safety helmet.
(2) Section 27803(c) VC should be used to cite the passenger of a motorcycle
or motorized bicycle for not wearing a motorcycle safety helmet.
(3) As the result of several court decisions and the terms of a
partially-vacated injunction placed against the Department, it is extremely
difficult to cite motorcyclists for wearing helmets not in compliance with FMVSS
218. Therefore, officers shall not attempt to make this determination prior to or
during an enforcement stop. Additionally, officers shall not seize any helmet, or
purported helmet, as evidence to prove that a particular helmet worn by the
violator does not meet FMVSS 218.
(4) Officers shall focus enforcement action on the following:
(a) Motorcyclists not wearing a helmet.
(b) Motorcyclists wearing helmets which are obviously not motorcycle
helmets, such as styrofoam bicycle helmets or football helmets.
(5) Officers should not cite operators or passengers of a motorcycle, a motordriven
cycle, or motorized bicycle for nonuse of a helmet if that nonuse was
incidental to the off-highway use of the vehicle while crossing the highway.
HPM 100.68
