|
|
|
|
<<<<<<<THIS
PAGE IS STILL UNDER
CONSTRUCTION>>>>>>>
MOTORCYCLE LAWS for
CALIFORNIA
Battery requirements, 24253
Brakes, 26311,
26454
Definition, 400
Equipment, position of, 27801
Footrests, 27800
Freeways, use on, 12509,
21960
Hand grips for, 27801
Handlebars, 27801
Headlamps on, 25251.2,
25451,
25650-25650.5
Helmet, 27802,
27803
Historical license plates, 5004.5
Instruction permit, 12509
Lanesharing/Lanesplitting, 21755 21658
License to operate, 12804.9
Mirrors, 26709
Noise limits, 27201-27202
Off-highway vehicle, 38041
Parking at a curb, 22502
Passenger, 12509,
27800
Plates for, 4850
Pre-1943 models, 5004.5
Price information requirements, 11712.5,
24014
Racing, 38022,
38088
Reflectors, 24607
Registration, 2935,
4150.2,
9268
Safety glass, 26705
Seat, 27800-27801
Sidecar, 26311,
27800
Special transportation device, 38022,
38088
Taillight, 24253,
24600
Windshields, 26701,
26705
MOTORCYCLE
SAFETY PROGRAM
Generally, 2930-2935 (2930,
2931,
2932,
2933,
2934,
2935)
|
|
Headlamps on Motorcycles
25650
Every motorcycle during darkness shall be equipped with at least
one and not more than two lighted headlamps which shall conform
to the requirements and limitations of this division. |
25650.5
Headlamps on Motorcycles Manufactured After 1978.
Every motorcycle manufactured and first registered on and after
January 1, 1978, shall be equipped with at least one and not
more than two headlamps which automatically turn on when the
engine of the motorcycle is started and which remain lighted as
long as the engine is running. This section does not preclude
equipping motorcycles used as authorized emergency vehicles with
a switch to be used to turn off the headlamp during emergency
situations or when the light would interfere with law
enforcement, if the switch is removed prior to resale of the
motorcycle. Amended Ch. 247, Stats. 1984. Effective January 1,
1985. |
|
Headlamps on Motor-driven Cycles
25651
.
The headlamp upon a motor-driven cycle may be of the single-beam
or multiple-beam type, but in either event, when the vehicle is
operated during darkness, the headlamp shall comply with the
requirements and limitations as follows:
(a) The headlamp shall be of sufficient intensity to reveal a
person or a vehicle at a distance of not less than 100 feet when
the motor-driven cycle is operated at any speed less than 25
miles per hour and at a distance of not less than 200 feet when
operated at a speed of 25 to not exceeding 35 miles per hour,
and at a distance of 300 feet when operated at a speed greater
than 35 miles per hour.
(b) In the event the motor-driven cycle is equipped with a
multiple-beam headlamp, the upper beam shall meet the minimum
requirements set forth above and the lowermost beam shall meet
the requirements applicable to a lowermost distribution of light
as set forth in subdivision (b) of Section 24407.
(c) In the event the motor-driven cycle is equipped with a
single-beam lamp, it shall be so aimed that when the vehicle is
loaded none of the high intensity portion of light, at a
distance of 25 feet ahead, shall project higher than the level
of the center of the lamp from which it comes.
Amended Ch. 1996, Stats. 1959. Effective September 18, 1959.
|
Headlight Modulators
The legality of
headlight modulators comes into question occasionally, and both
CHP officers and local constables tend to be unaware of the
legal status of these devices. Put simply, they are legal
throughout the United States and Canada. Section
108 of the Federal Motor Vehicle Safety Standards regulates
modulated headlights. California
Vehicle Code 25250-25251 specifically allows them. And Title
49 of United States Code 30103(b1) forbids any state from
prohibiting them. Here are the specifics:
25251.2. Any motorcycle may be equipped with a means of
modulating the upper beam of the headlamp between a high and a
lower brightness at a rate of 200 to 280 flashes per minute. Such headlamps shall not
be so modulated during darkness. |
Passengers: Equipment and Usage
27800 It is unlawful for a driver of a motorcycle or a motorized
bicycle to carry any other person thereon, except on a seat
securely fastened to the machine at the rear of the driver and
provided with footrests, or in a sidecar attached to a
motorcycle and designed for the purpose of carrying a passenger.
Every passenger on a motorcycle or a motorized bicycle shall
keep his feet on the footrests while such vehicle is in motion.
Amended Ch. 421, Stats. 1978. Effective January 1, 1979. |
|
Required Position
of Equipment
27801 A person shall not drive a two-wheel
motorcycle that is equipped with either of the following:
(a) A seat so positioned that the driver, when sitting astride
the seat, cannot reach the ground with his or her feet.
(b) Handlebars so positioned that the hands of the driver, when
upon the grips, are more than six inches above his or her
shoulder height when sitting astride the seat.
Amended Sec. 1, Ch. 280, Stats. 2004. Effective January 1, 2005.
|
|
Safety Helmet
Regulations
27802
(a) The department may adopt reasonable regulations establishing
specifications and standards for safety helmets offered for
sale, or sold, for use by drivers and passengers of motorcycles
and motorized bicycles as it determines are necessary for the
safety of those drivers and passengers. The regulations shall
include, but are not limited to, the requirements imposed by
Federal Motor Vehicle Safety Standard No. 218 (49 C.F.R. Sec.
571.218) and may include compliance with that federal standard
by incorporation of its requirements by reference. Each helmet
sold or offered for sale for use by drivers and passengers of
motorcycles and motorized bicycles shall be conspicuously
labeled in accordance with the federal standard which shall
constitute the manufacturer's certification that the helmet
conforms to the applicable federal motor vehicle safety
standards.
(b) No person shall sell, or offer for sale, for use by a driver
or passenger of a motorcycle or motorized bicycle any safety
helmet which is not of a type meeting requirements established
by the department.
Amended Ch. 163, Stats. 1985. Effective January 1, 1986.
|
|
Safety Helmets: Required
27803
.
(a) A driver and any passenger shall wear a safety helmet
meeting requirements established pursuant to Section 27802 when
riding on a motorcycle, motor-driven cycle, or motorized
bicycle.
(b) 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 as required by subdivision (a).
(c) It is unlawful to ride as a passenger on a motorcycle,
motor-driven cycles, or motorized bicycle if the driver or any
passenger is not wearing a safety helmet as required by
subdivision (a).
(d) This section applies to persons who are riding on
motorcycles, motor-driven cycles, or motorized bicycles operated
on the highways.
(e) For the purposes of this section, "wear a safety
helmet" or "wearing a safety helmet" means having
a safety helmet meeting the requirements of Section 27802 on the
person's head that is fastened with the helmet straps and that
is of a size that fits the wearing person's head securely
without excessive lateral or vertical movement.
(f) This section does not apply to a person operating, or riding
as a passenger 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
this code, the Federal Motor Vehicle Safety Standards, and the
rules and regulations adopted by the United States Department of
Transportation and the National Highway Traffic Safety
Administration.
(g) In enacting this section, it is the intent of the
Legislature to ensure that all persons are provided with an
additional safety benefit while operating or riding a
motorcycle, motor-driven cycle, or motorized bicycle.
Amended Ch. 32, Stats. 1991. Effective January 1, 1992.
Amended Sec. 4, Ch. 710, Stats. 1997. Effective January 1, 1998.
|
|
Lane
Splitting /Lane Sharing
Many motorcyclists new to California ask about "lane
splitting". There is no "lane splitting" law as
such. Perhaps the most relevant statute is CVC 21658, below.
Also CVC 21755. Be aware that phrasing like "...entirely
within a single lane..." has been used to justify
ticketing motorcyclists with their handlebars (or some other
bike component) partly in each lane.
21658.
Laned Roadways. Whenever any roadway has been divided into two
or more clearly marked lanes for traffic in one direction, the
following rules apply:
(a) A vehicle shall be driven as nearly as practical entirely
within a single lane and shall not be moved from the lane until
such movement can be made with reasonable safety.
(b) Official signs may be erected directing slow-moving traffic
to use a designated lane or allocating specified lanes to
traffic moving in the same direction, and drivers of vehicles
shall obey the directions of the traffic device.
21755
. Pass on Right Safely.
The driver of a motor vehicle may overtake and pass another
vehicle upon the right only under conditions permitting such
movement in safety. In no event shall such movement be made by
driving off the paved or main-traveled portion of the roadway.
The California
Highway Patrol website sez:
Can
motorcycle riders "split" lanes and ride between other
vehicles?
Lane splitting by motorcycles is permissible but must be done in
a safe and prudent manner.
|
|
HOV/Carpool/Diamond
Lane
21655.5
(a) The Department of Transportation and local authorities, with
respect to highways under their respective jurisdictions, may
authorize or permit exclusive or preferential use of highway lanes
for high-occupancy vehicles.
(b) A motorcycle, a mass transit vehicle, or a paratransit vehicle
that is clearly and identifiably marked on all sides of the
vehicle with the name of the paratransit provider may be operated
upon those exclusive or preferential use lanes unless specifically
prohibited by a traffic control device. [Emphasis added.]
|
|
Ear
Plugs
27400. A person operating a motor vehicle or bicycle may not wear
a headset covering, or earplugs in, both ears. This prohibition
does not apply to any of the following:
(a) A person operating authorized emergency vehicles, as defined
in Section 165.
(b) A person engaged in the operation of either special
construction equipment or equipment for use in the maintenance of
any highway.
(c) A person engaged in the operation of refuse collection
equipment who is wearing a safety headset or safety earplugs.
(d) A person wearing personal hearing protectors in the form of
earplugs or molds that are specifically designed to attenuate
injurious noise levels. The plugs or molds shall be designed in a
manner so as to not inhibit the wearer's ability to hear a siren
or horn from an emergency vehicle or a horn from another motor
vehicle.
(e) A person using a prosthetic device that aids the hard of
hearing.
Amended Sec. 45, Ch. 594, Stats. 2003. Effective January 1, 2004. |
California
Traffic Safety Program - Motorcycle
Safety
2930. (a) "Commissioner" means the Commissioner of the
California Highway Patrol. (b) "Fund" means the
California Motorcyclist Safety Fund. (c) "Program" means
the motorcyclist safety program established in this article.
2931. A motorcyclist safety
program is hereby established in the Department of the California
Highway Patrol, to be administered by the commissioner.
2932. The commissioner may,
through contracts with other public agencies or with private
entities, do all of the following: (a) Provide financial or other
support to projects aimed at enhancing motorcycle operation or
safety, including, but not limited to, rider training programs.
The rider training programs shall comply with criteria which the
commissioner, in consultation with other state agencies and
national motorcycle safety organizations, may adopt to provide
validated rider safety training programs in the state. (b) Sponsor
and coordinate efforts aimed at increasing motorists' awareness of
motorcyclists. (c) Sponsor research into effective communication
techniques to reach all highway users on matters of motorcyclist
safety. (d) Establish an advisory committee of persons from other
state and local agencies with an interest in motorcycle safety;
persons from the motorcycle industry; motorcycle safety
organizations; motorcycle enthusiast organizations; and others
with an interest in motorcycle safety, to assist in the
establishment of a comprehensive program of motorcycle safety. (e)
Adopt standards for course content, contact hours, curriculum,
instructor training and testing, and instructional quality
control, and setting forth a maximum amount for course fees for
the novice rider training course specified in subdivision (g) of
Section 12804.9.
2933. The commissioner shall not
directly manage or provide program services. Any program service
financed under this article shall be provided under contractual
arrangements or grant funding. All public agencies assisting or
providing program services under this article shall be fully
reimbursed for their costs by the commissioner. The commissioner
shall monitor and evaluate any contracts or grants executed
pursuant to this article to ensure that the provisions of the
contracts or grants are adhered to by the recipients.
2934. (a) The California
Motorcyclist Safety Fund is hereby created in the State Treasury.
The money in the fund is available, when appropriated by the
Legislature, to fund programs established pursuant to this article
and to defray related costs incurred. Moneys in the fund are and
shall be held as trust funds for the exclusive trust purposes
specified in this article. (b) The commissioner shall not in any
way encumber moneys in the fund beyond that amount which is
actually available in the fund at the time of encumbrance, and
shall not in any manner pledge or encumber future revenues to
accrue to the fund from any source.
2935. The Department of Motor
Vehicles shall, in addition to other fees, collect a fee of two
dollars ($2) upon initial registration and renewal of registration
of every motorcycle subject to registration fees. These additional
fees shall be deposited in the fund.
|
|
|