Helmet Law for Bicyclists

Excerpted from California Vehicle Code, 
January 2, 2003. 

21212.  (a) A person under 18 years of age shall not operate a
bicycle, a non-motorized scooter, or a skateboard, nor shall they wear
in-line or roller skates, nor ride upon a bicycle, a non-motorized
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, non-motorized 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, non-motorized 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
un-emancipated 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, non-motorized 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).

This page was last updated on 10/17/2007