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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.