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The California DMV law contains a section (21212) dedicated to Bicycle riders, skateboard riders, scooter riders, and roller skates including in-line roller blades.

On Wednesday, September 17, 2008, over 20 students were given 'Traffic Citations that mandate a court appearance that requires each cited student and their parent(s) to appear in Juvenile Traffic Court before a judge.

Here is the text of the DMV code 21212.

21212

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(a) 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.

(b) 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 manufacturer's certification that the helmet conforms to the applicable safety standards.

(c) 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) 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) Except as provided in subdivision (d), a violation of this section is an infraction punishable by a fine of not more than twenty-five dollars ($25).

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) 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, 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).

Added Ch. 1000, Stats. 1993. Effective January 1, 1994.


Amended Sec. 6, Ch. 674, Stats. 1996. Effective January 1, 1997.


Amended Sec. 1, Ch. 475, Stats. 2002. Effective January 1, 2003.

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Parent Replies to "Bicycle helmet laws for students 18 and under."

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ifosterboys
ifosterboys September 25, 2008
Re: Bicycle helmet laws for students 18 and under.
I agree with starting your toddler with helmets even thought it may not seem necessary. This way it becomes automatic, like a seatbelt....and the other thing is, as much as I don't like it, I wear my helmet too, to model safe practice. And of course, I end up with "helmet hair" but I know I have to practice what I preach or I can't expect my kids to take me seriously.
MagnetMom
MagnetMom September 21, 2008
Re: Bicycle helmet laws for students 18 and under.
I find it interesting that in my city there is very little enforcement of the helmet law. My children wore/wear helmets for safety and because it's the law. Unfortunately, many children ride up and down the sidewalks with no helmets, and I've even seen patrols drive by and ignore the situation.

I'm not interested in ticketing parents to penalize them as much as I want to see the kids obey the law for their own safety.
lilhawk
lilhawk September 18, 2008
Re: Bicycle helmet laws for students 18 and under.
I also make my children wear their helmets, however, I know several other parents that feel that if their child is just riding, ect. on their own street that the child should not be forced to wear it. I strongly disagree. Unfortunately, in my state they have yet to truly enforce any helmet law. I think they are waiting for the fatality rate to go up.
tjlove
GreatSchools Staff tjlove September 18, 2008
Re: Bicycle helmet laws for students 18 and under.
Helmets and protective gear are so important for obvious reasons. I make my two-year-old wear a helmet when she rides her tricycle. Which is slightly ridiculous because at this point she can't even pedal and usually just gets off to push it. But this way she gets used to wearing it.
I'm going to assume that the students who were issued citations were high school age. I can imagine that wearing a helmet isn't all that "cool."
BunnyDesigns
BunnyDesigns September 18, 2008
Re: Bicycle helmet laws for students 18 and under.
I found an excellent bike helmet that meets all the required standards and my son really likes it. I bought the Pro-Tech ACE Classic for $29.00 + tax. You can find it on the internet.

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