Do I Need to Wear a Helmet on a Motorcycle in California?

California’s helmet law is a critical piece of legislation designed to protect motorcyclists and their passengers. According to Vehicle Code Section 27803, it is mandatory for both the driver and any passenger to wear a U.S. Department of Transportation (DOT) approved helmet while operating or riding a motorcycle, motor-driven cycle, or motorized bicycle. This law highlights the importance of safety gear in reducing the risk of head injuries and fatalities on the road. Which is why, if a motorcyclist gets pulled over for not wearing a helmet it can potentially have them accumulate a series of potential penalties and serious legal consequences. 

When Did California Helmet Law Start?

The California motorcycle helmet law was enacted in 1992 and since its inception, the law has played a significant role in decreasing motorcycle-related fatalities and injuries. As head and brain injuries are some of the most common injuries found in motorcycle accidents, this law emphasized the state’s commitment to road safety. Although significant changes have been made, motorcycle deaths involving helmetless riders have still increased almost 10% from 2020 to 2021.

California Bicycle Helmet Law

Due to California’s commitment to safety, the helmet law is primarily limited to motorcyclists but it extends to bicyclists as well. According to California Vehicle Code Section 21212, bike riders under the age of 18 are required to wear a helmet while operating a bicycle on a public road or bicycle path. Any failure to do so will result in a punishable fine of $25 and any failure to pay the fines will result in more fines and further legal punishment.  

How Much Is a Ticket for Not Wearing a Helmet on a Motorcycle in California?

Riders caught without a DOT-approved helmet may face a ticket, fines, and potentially, court appearances. These penalties are designed to reinforce the importance of wearing a helmet every time you ride. In California, penalties for not wearing a motorcycle helmet can include fines as high as $200 and a probation period of up to one year if the rider’s actions prove to be reckless. Subsequent violations may incur more severe consequences. For instance, combining speeding with helmetless riding might attract a steeper fine or a charge of reckless driving. 

Helmet Laws State to State: A Comparative Overview

The United States has a mixed approach to helmet laws, with some states mandating helmet use for all riders and others having more relaxed requirements. States like California, New York, and Oregon require all motorcyclists to wear helmets, regardless of their age or experience. On the other hand, states like Illinois, Iowa, and New Hampshire have no helmet requirements for any riders. This diversity in laws reflects different perspectives on balancing safety with personal freedom.

Is a GoPro on a Helmet Illegal in California?

In California, there is no specific legislation that forbids attaching a camera, like a GoPro, to your helmet. Nonetheless, it’s essential to guarantee that any modifications, including camera attachments, do not compromise the helmet’s structural integrity or its designed safety features. Utilizing a helmet-mounted camera can be particularly advantageous in the event of an accident, as it can provide clear, first-person evidence of the incident. 

This footage can be invaluable in determining fault, showcasing the sequence of events leading up to the accident, and identifying any violations of traffic laws by involved parties. In disputes where fault is contested, video evidence can significantly influence the outcome, offering an unbiased account that might support your position during insurance claims or legal proceedings.

Which Type of Motorcycle Helmet is Not Allowed?

California law specifies that helmets must meet DOT standards. Helmets with spikes or “Mohawk” attachments that obstruct the rider’s view or could pose a hazard in the event of a crash are considered unsafe and, therefore, illegal. For more details on what constitutes an illegal motorcycle modification, including helmet modifications, refer to the DMV’s Motorcycle handbook or feel free to reach out to our motorcycle accident lawyers if you were involved in an accident involving bodily injury. 

What Should I Do If I Was Ticketed For Not Wearing a Motorcycle Helmet?

If you were ticketed for not wearing a motorcycle helmet in California, it is important that you pay the associated fines and court fees as soon as possible. If not, you risk gaining additional fees, court expenses, and possible legal trouble that will affect your driving privileges.  However, if you believe you are subjected to an unlawful traffic stop and would like to seek legal representation of the matter, contact us today by calling (213) 927-3700 or filling our contact form to schedule a FREE consultation with our compassionate and talented legal team.