Can you ride a bike, motorcycle or scooter without a helmet in California? What the law says

Hanh Truong
·2 min read
29

Before you take a ride on your bike, you might want to check if you have to strap on a helmet.

Reader Noralee Bauthues-Stewart asked The Sacramento Bee: When are helmets required when riding bicycles, motorcycles, skateboards and scooters? Are there differences in the law based on age?

California has several laws on when and who needs to wear head gear on the road, and the state may be adding to its list of regulations. The legislature is currently reviewing Senate Bill 847, and if passed, it would grant a religious exemption for motorcycle headwear, as Sikhs and others’ faith requires them to wear a turban or patka.

See the breakdown of current laws:

Motorcycle and other motor-driven bikes

Under the California Vehicle Code 27803, passengers and riders of motorcycles, motor-driven cycles, or motorized bicycles must wear a helmet.

According to the Department of Motor Vehicles, serious and fatal motorcycle accidents are due to head injuries and wearing a helmet can help mitigate this.

Helmets need to be compliant with U.S. DOT Federal Motor Vehicle Safety Standard and you can find the U.S. DOT certification on the headgear.

Laws on motorcycle helmets vary by state. Only three states don’t have laws on this, according to the Insurance Institute for Highway Safety: Illinois, Iowa and New Hampshire.

Electric scooters

Electric scooters are scattered throughout the city — you can find them littered on the sidewalk or catch someone zooming past you on the street.

Before you take one out on a ride, you’ll need a helmet if you’re under 18 years old, under California Vehicle Code 21235.

Regular bikes and scooters

Helmets are required for children 18 years and under on bikes, non-motorized scooters, skateboards and roller or in-line skates, under California Vehicle Code 21212.

If you’re on private property, then a helmet is optional, Kreeger Law Firm stated on its website. Otherwise, they are required on sidewalks, trails, parks and bike paths.

“However, the state of California strongly suggests that all bicycle riders always wear helmets, regardless of age or location,” the law firm stated.

If you have a child in a carrier or attachment on the bike, they’ll need a helmet, too.

Penalties for not wearing a helmet

Helmet violations can result in a fine of $25, according to the Vehicle Code.

Parts of the fines will be allocated to the county health department for safety education and helping low-income families access helmets, and the city and county treasury.

Fines for motorcycle helmet violations can go up to $250 and/or one year of probation, according to HerLawyer.

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