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March 8, 1996
BULLETIN NO. 59
MOTORCYCLE HELMET ENFORCEMENT
The California Highway Patrol (CHP) is disseminating this
information to inform California law enforcement agencies of the
impact of a permanent court injunction issued on may 25, 1996, by the
United S States District Court Southern District of California against
the CHP, the San County Diego Sheriff's Department and the Huntington
Beach Police Department The plaintiffs were motorcyclists who were
issued citations under the California motorcycle helmet law.
California Vehicle Code (CVC) 27803, for wearing motorcycle helmets
that allegedly did not comply with federal safety standards.
CVC 27803 makes safety helmets mandatory for all drivers and
passengers on motorcycles. Further, the law requires that a helmet may
not be worn unless it meets specifications set forth in Federal Motor
Vehicle S Safety Standard (FMVSS) No. 218 as stated in VC 27802. This
section also requires that each helmet sold . . . shall be
conspicuously labeled in accordance with the federal standard ....
This label (a Department of Transportation "DOT" sticker}
constitutes the manufacturer's serf-certification that the helmet
conforms forms to the applicable FMVSS.
In Buhl v.
Hannigan 16 Cal. App. 4th 1612 (1993), the court held that
the law requires only that the consumer wear helmet bearing
certification of compliance (e.g., the DOT sticker). Later, in Bianco
v. California Highway Patrol, 24 Cal. App. 4th 1113 (1994},
the court dealt with the situation where a rider knows that a
manufacturer' s certified helmet no longer complies with FMVSS 218,
but continues to wear the helmet. The court held that 'the statement
in Buhl that consumer compliance with the state law only requires the
consumer to wear a helmet bearing the DOT self certification slicker
does not apply when a helmet has been shown not to conform with
federal standards and the consumer has actual knowledge of this
fact." In EASYRIDERS FREEDOM F.I.G.H.T. v.
Hannigan (Case No. 93-0807-J), the courts held that citations
should only be issued in two situation: (1) when a helmet was not
certified by the manufacturer at the time of sale or (2) when a rider
wearing a helmet certified by the manufacturer at the time of sale has
actual knowledge Accordingly, CHP policy is
that officers may not stop or cite individuals solely for wearing
"beanie type" helmet with an affixed DOT sticker. Per the
injunction riders must have "actual knowledge that
the helmet worn was not certified by the manufacturer at the time of
sale, or the helmet was certified by the manufacturer at the time of
sale and the person being stopped has actual
knowledge of a showing of a determination of non- conformity
with federal standards." Officers who stop individuals for other
than helmet violations and suspect that the helmet the rider or
passenger is wearing does not meet FMVSS 218 should admonish them that
if they continue to ride a motorcycle while wearing an unlawful helmet
they may be cited. In accordance with the Court injunction citations
shall be limited to only those instances where the officer knows the
individual has actual knowledge that the
helmet being, worn is unlawful.
This information bulletin supersedes Information Bulletin
No. 34 dated June 1, 1992. An outline of the injunction
contained in the attachment.
OFFICE OF THE COMMISSIONER
OIP: 005
DISTRIBUTION: A E G S (All Chiefs of Police and Sheriffs)
ATTACHMENT
(replica)
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