SB 192: Bicycles: helmets.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-04-30
Existing law prohibits a person under 18 years of age from operating a bicycle, riding on a bicycle as a passenger, or riding in a trailer towed by a bicycle unless the person is wearing a bicycle helmet meeting specified standards. A violation of those provisions is an infraction punishable by a fine of not more than $25.
This bill would require the Office of Traffic Safety, in coordination with the Department of the California Highway Patrol, to conduct a comprehensive study of bicycle helmet use, including specified information, and to report the studys findings to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation by January 1, 2017. by January 1, 2017, as specified.
Existing law prohibits a person under 18 years of age from operating a bicycle, riding on a bicycle as a passenger, or riding in a trailer towed by a bicycle unless the person is wearing a bicycle helmet meeting specified standards. A violation of those provisions is an infraction punishable by a fine of not more than $25.
This bill would require the Office of Traffic Study, Safety, in coordination with the Department of the California Highway Patrol, to conduct a comprehensive study of bicycle helmet use, including specified information, and to report the studys findings to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation by January 1, 2017.
Existing law prohibits a person under 18 years of age from operating a bicycle, riding on a bicycle as a passenger, or riding in a trailer towed by a bicycle unless the person is wearing a bicycle helmet meeting specified standards. A violation of those provisions is an infraction punishable by a fine of not more than $25.
This bill would require every person, regardless of age, to wear a bicycle helmet when operating a bicycle, riding on a bicycle as a passenger, or riding in a trailer towed by a bicycle. The bill would also require a person engaged in these activities in the darkness to wear retroreflective high-visibility safety apparel, as specified. Because a violation of this requirement would be a crime, the bill would impose a state-mandated local program. require the Office of Traffic Study, in coordination with the Department of the California Highway Patrol, to conduct a comprehensive study of bicycle helmet use, including specified information, and to report the studys findings to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation by January 1, 2017.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law prohibits a person under 18 years of age from operating a bicycle, riding on a bicycle as a passenger, or riding in a trailer towed by a bicycle unless the person is wearing a bicycle helmet meeting specified standards. A violation of those provisions is an infraction punishable by a fine of not more than $25.
This bill would require every person, regardless of age, to wear a bicycle helmet when operating a bicycle, riding on a bicycle as a passenger, or riding in a trailer towed by a bicycle. The bill would also require a person engaged in these activities in the darkness to wear retroreflective high-visibility safety apparel, as specified. Because a violation of this requirement would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)The Office of Traffic Safety, in coordination with the department, shall conduct a comprehensive study of bicycle helmet use, including, but not limited to, determining the percentage of California bicyclists who do not wear helmets, and the fatalities or serious injuries that could have been avoided if helmets had been worn. A report of the studys findings shall be submitted to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation in compliance with Section 9795 of the Government Code, by January 1, 2017.
(b)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January, 1, 2021.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
(a)The Office of Traffic Study, Safety, in coordination with the department, shall conduct a comprehensive study of bicycle helmet use, including, but not limited to, determining the percentage of California bicyclists who do not wear helmets, and the fatalities or serious injuries that could have been avoided if helmets had been worn. A report of the studys findings shall be submitted to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation by January 1, 2017.
(b)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January, 1, 2021.
(a)The Office of Traffic Study, in coordination with the department, shall conduct a comprehensive study of bicycle helmet use, including, but not limited to, determining the percentage of California bicyclists who do not wear helmets, and the fatalities or serious injuries that could have been avoided if helmets had been worn. A report of the studys findings shall be submitted to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation by January 1, 2017.
(b)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January, 1, 2021.
SECTION 1.Section 21212 of the Vehicle Code is amended to read:21212.(a)(1)A person shall not operate a bicycle, or ride upon a bicycle 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.
(2)A person shall not engage in the activities described in paragraph (1) in the darkness, as defined in Section 280, unless that person is wearing high-visibility safety apparel, which may include a vest, jacket, or shirt, that is retroreflective and meets the requirements of the American National Standard for High-Visibility Safety Apparel and Headwear, published by the American National Standards Institute/International Safety Equipment Association or standards subsequently established by those entities.
(b)A person under 18 years of age shall not operate a nonmotorized scooter or a skateboard, nor wear in-line or roller skates, nor ride upon a nonmotorized 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 safety standards described in subdivision (a).
(c)Any helmet sold or offered for sale for use by operators and passengers of bicycles, nonmotorized 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 manufacturers certification that the helmet conforms to the applicable safety standards.
(d)No person shall sell, or offer for sale, for use by an operator or passenger of a bicycle, nonmotorized scooter, skateboard, or in-line or roller skates any safety helmet is not of a type meeting requirements established by this section.
(e)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.
(f)(1)Except as provided in subdivision (e), a violation of this section is an infraction punishable by a fine of not more than twenty-five dollars ($25).
(2)The parent or legal guardian having control or custody of an unemancipated 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.
(g)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, nonmotorized scooter, skateboard, and in-line and roller skate safety education and for assisting low-income families in obtaining approved bicycle helmets for children under 18 years of age, 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).
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)A person under shall not operate a bicycle, or ride upon a bicycle 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.
(2)A person shall not engage in the activities described in paragraph (1) in the darkness, as defined in Section 280, unless that person is wearing high-visibility safety apparel, which may include a vest, jacket, or shirt, that is retroreflective and meets the requirements of the American National Standard for High-Visibility Safety Apparel and Headwear, published by the American National Standards Institute/International Safety Equipment Association or standards subsequently established by those entities.
(b)A person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, or a skateboard, nor shall they wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized 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 safety standards described in subdivision (a).
(b)
(c)Any helmet sold or offered for sale for use by operators and passengers of bicycles, nonmotorized 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 manufacturers certification that the helmet conforms to the applicable safety standards.
(c)
(d)No person shall sell, or offer for sale, for use by an operator or passenger of a bicycle, nonmotorized scooter, skateboard, or in-line or roller skates any safety helmet which is not of a type meeting requirements established by this section.
(d)
(e)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)
(f)(1)Except as provided in subdivision (d) (e), a violation of this section is an infraction punishable by a fine of not more than twenty-five dollars ($25).
(2)The parent or legal guardian having control or custody of an unemancipated 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)
(g)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, nonmotorized 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 of age, 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).
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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| Feb 10, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Feb 11, 2015 | From printer. May be acted upon on or after March 13. |
| Feb 19, 2015 | Referred to Com. on T. & H. |
| Apr 9, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H. |
| Apr 14, 2015 | Set for hearing April 28. |
| Apr 20, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H. |
| Apr 29, 2015 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 825.) (April 28). |
| Apr 29, 2015 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (April 28). |
| Apr 30, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| May 8, 2015 | Set for hearing May 18. |
| May 18, 2015 | May 18 hearing: Placed on APPR. suspense file. |
| May 23, 2015 | Set for hearing May 28. |
| May 28, 2015 | May 28 hearing: Held in committee and under submission. |
| Feb 1, 2016 | Returned to Secretary of Senate pursuant to Joint Rule 56. |
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Date
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Description
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Location
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Votes
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| May 18, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
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| Apr 28, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Transportation and Housing |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
SB 192 (Liu) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 192 (Liu) - Bicycles: helmets
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Version: April 30, 2015 |
Policy Vote: T. & H. 9 - 2 |
Urgency: No |
Mandate: No |
Hearing Date: May 18, 2015 |
Consultant: Mark McKenzie |
This bill meets the criteria for the referral to the Suspense File.
Bill Summary:
SB 192 would require the Office of Traffic Safety (OTS) to coordinate with the California Highway Patrol (CHP) to conduct a study of bicycle helmet use and submit a report of its findings to the Legislature by January 1, 2017.
Fiscal Impact:
One-time OTS costs of approximately $250,000 to conduct the bicycle helmet use study. (Federal funds, potential General Fund)
Background:
Existing law requires children under the age of 18 to wear a helmet while operating, or acting as a passenger upon, a bicycle, non-motorized scooter, inline skates, or skateboard. A violation of this provision is punishable by a fine of not more than $25. There are no requirements for adults to wear a helmet while riding a bicycle. From 2008 through 2012, there was an average of 109 bicyclist fatalities annually in California.
Existing law establishes the OTS within the California Transportation Agency. The OTS is responsible for developing the California Highway Safety Plan, which identifies major traffic safety problems and coordinates statewide multi-agency efforts to provide awareness, education, and enforcement programs aimed at reducing traffic fatalities and improving roadway safety for all users. For 2015, the OTS has $94 million in federal funding available to support 285 traffic safety grants to state and local agencies.
The National Highway Traffic Safety Administration (NHTSA) published a report in 2012 (Review of Studies on Pedestrian and Bicyclist Safety) that reviews the pedestrian and bicyclist safety research literature in print as of 2007. The report summarizes and synthesizes the key studies, evaluates existing knowledge and identifies research gaps, and provides recommendations for future direction. Relative to bicycle helmets, the report notes the following:
Helmet use reduces the risk of head injury, brain trauma, and upper face injuries. NHTSA has reported that helmets are 85% to 88% effective in reducing head and brain injuries.
Helmet use reduces the risk of head injury, brain trauma, and upper face injuries.
The majority of cyclist fatalities and bicycling-related injury disabilities were caused by head injuries
About 70% of fatal bicycle crashes are due to head injury, and yet only 20 to 25% of bicyclists wear helmets.
Estimates show that if every child 4 to 15 years old wore helmets, 39,000 to 45,000 head injuries and as many as 55,000 scalp injuries would be prevented.
Research should continue to evaluate the effects of the various helmet use laws in the United States and around the world.
Proposed Law:
SB 192 requires the OTS, in coordination with CHP, to conduct a comprehensive study of bicycle helmet use, including determining the percentage of Californians who do not wear helmets, and the fatalities or serious injuries that could have been avoided if helmets had been worn. The bill would also require OTS to report the study’s findings to the appropriate committees of the Legislature by January 1, 2017.
Staff Comments:
OTS estimates that the bicycle helmet use study would cost about $250,000, which could be funded with federal grant money, subject to confirmation by NHTSA. OTS also notes, however, that NHTSA has recently conducted a study of bicycle helmet use and concluded that the use of helmets reduces the risk of head injury, brain trauma, and upper face injuries. Given recent NHTSA work in this area, it is unclear whether federal grant funds would be available. To the extent other funding sources are unavailable, the costs for the study may be borne by the General Fund. Staff notes that the study envisioned by this bill appears to be more comprehensive than the review of research published by NHTSA, which may increase the likelihood that NHTSA would fund the study.
CHP notes that it would incur minor costs to provide existing data to OTS for the study.
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SB 192 (Liu) Page 4 of 4
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: SB 192 Hearing Date: 4/28/2015
Author: |
Liu |
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Version: |
4/20/2015 |
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Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Christine Hochmuth |
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SUBJECT: Bicycles: helmets
DIGEST: This bill requires the Office of Traffic Safety (OTS), in coordination with the California Highway Patrol (CHP), to conduct a comprehensive study of bicycle helmet use.
ANALYSIS:
Existing law:
Requires children under the age of 18 to wear a helmet while operating, or acting as a passenger upon, a bicycle, nonmotorized scooter, inline skates, or skateboard. A violation of this provision is punishable by a fine of not more than $25.
Requires any report mandated or requested by law to be submitted by a state or local agency to the members of either house of the Legislature generally, to be submitted as a printed copy to the Secretary of the Senate, as an electronic copy to the Chief Clerk of the Assembly, and as an electronic or printed copy to the Legislative Counsel.
This bill:
Requires OTS, in coordination with CHP, to conduct a comprehensive study of bicycle helmet use.
Requires the study to include, at a minimum, a determination of the percentage of California bicyclists who do not wear helmets and the fatalities or serious injuries that could have been avoided if helmets had been worn.
Requires the findings of the study to be submitted to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation by January 1, 2017.
Sunsets on January 1, 2021.
COMMENTS:
Purpose of the bill. Existing law (since 1997) requires anyone under 18 to wear a helmet when they are riding a bicycle. A youth riding without a helmet can be cited for an infraction and fined up to $25. California has not had a comprehensive examination of helmet use since the bill for youth helmets passed almost 20 years ago. Limited data is available from other countries with mandatory adult helmet laws, but the author contends that California would benefit from data specific to this state.
The author believes all bicycle riders should wear a helmet, but a wide variety of opinions currently exists about the potential benefits of helmet use. The author states that data from a study will help guide the Legislature in making decisions to protect bicycle riders and expand bicycle use.
Bicycle crashes and helmet studies. According to the Insurance Institute for Highway Safety, 741 bicyclists across the United States were killed in crashes in 2013. Sixty-three percent of these bicyclists were reportedly not wearing helmets. More than half a million emergency department visits were due to bicycle-related injuries. Adolescents (aged 15-24 years) and adults aged 45 years and older have the highest bicycle death rates, yet only children under the age of 18 are subject to mandatory helmet laws in certain states. (No state law requires adult bicyclists to wear helmets. Young riders are required to wear helmets in only 21 states and the District of Columbia.)
The Center for Disease Control reports that bicycle helmets reduce the risk of head and brain injuries in the event of a crash. However, opponents argue that while helmets may be safer in the event of a crash, they actually contribute to an increased likelihood of crashing. In fact, a study in the Journal of Accident Analysis & Prevention showed that drivers passed bicyclists wearing helmets an average of 3.5 inches closer, making helmeted cyclists more likely to get hit.
A comprehensive study that accounts for the unique challenges of California’s bicycle infrastructure will help legislators to determine whether a mandatory helmet law is beneficial for bicyclists.
The right people for the job? If this bill passes, CHP and OTS will be required to gather and provide data, but are they well suited to perform some of the statistical analyses that would be required? Tallying the incidence of crashes and whether or not a bicyclist was wearing a helmet would be within CHP’s jurisdiction; however, determining whether or not an injury or death could have been prevented by a helmet may be beyond the purview of both departments.
Submitting reports to the legislature. This bill requires that the findings of the report be submitted to the Senate Committee on Transportation and Housing and the Assembly Committee on Transportation. However, existing law requires that mandated reports be submitted to the Secretary of Senate, Chief Clerk of the Assembly, and Legislative Counsel.
The committee may wish to make an amendment requiring the report to be submitted in compliance with Section 9795 of the Government Code.
Other amendments. This bill currently sunsets four years after the study findings are due to the legislature.
The committee may wish to make an amendment revising the sunset date to January 1, 2018.
Related Legislation:
SB 1924 (O’Connell, Chapter 475, Statutes of 2002) — requires that persons under 18 years of age wear a helmet while operating a nonmotorized scooter or skateboard, while wearing inline or roller skates, or while riding upon a nonmotorized scooter or skateboard as a passenger.
AB 2268 (Caldera, Chapter 1000, Statutes of 1997) — prohibits a person under 18 years of age from operating or riding upon a bicycle as a passenger, upon a street, bikeway, or other public bicycle path or trail, unless the person is wearing a helmet meeting specified standards. Prior to this statute the limit was 4 years of age or under 40 pounds.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
POSITIONS: (Communicated to the committee before noon on Wednesday,
April 22, 2015.)
SUPPORT:
None received
OPPOSITION:
None received
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Discussed in Hearing
9MIN
Senate Standing Committee on Transportation and Housing
Bill Author
Bill Co-Author(s):