California's Motorcycle Helmet Law: A Historical Perspective

Motorcycle helmets became mandatory in California on 1 January 1992, when the state adopted a universal helmet law, requiring all motorcycle riders and passengers to wear a helmet. This law is outlined in California's Vehicle Code Section 27803, which states that it is unlawful to operate a motorcycle, motor-driven cycle, or motorized bicycle if the driver or any passenger is not wearing a safety helmet.

California's universal helmet law

The universal helmet law in California ensures that anyone riding a motorcycle, regardless of their age, must wear a helmet. This is unlike the partial helmet laws in most other states, which only apply to specific groups such as minors, inexperienced drivers, or those without sufficient insurance coverage. California's law is comprehensive and applies to both drivers and passengers of motorcycles and motorized bicycles.

The state's helmet law is enforced by the California Highway Patrol, who can issue fines of up to $250 and/or one year of probation for not wearing a helmet while riding. The law also specifies the safety standards that helmets must meet, including weight, sturdy riveted chin straps, an inner liner made of polystyrene foam, and minimal protrusions. These standards are outlined by the Department of Transportation and the National Highway Traffic Safety Administration.

The effectiveness of California's universal helmet law is evident. In the year after its implementation, the state saw a remarkable 37.5% decrease in motorcycle accident deaths. Research has consistently shown that universal helmet laws significantly increase helmet use, leading to reduced injuries and death rates. According to the National Highway Traffic Safety Administration (NHTSA), states with universal motorcycle helmet laws have a helmet usage rate of nearly 90%, compared to under 40% in states without such laws.

The National Traffic and Motor Vehicle Safety Act of 1966

The Act created the National Highway Safety Bureau (now the National Highway Traffic Safety Administration) and was one of several government initiatives to address the six-fold increase in road deaths and eleven-fold increase in vehicles since 1925. The Act was signed into law by President Lyndon B. Johnson on September 9, 1966, who noted that while 29 American soldiers had died over the Labor Day weekend, 614 Americans died in car accidents.

The Act led to many changes in vehicle and highway design, with vehicles being built with new safety features such as headrests, energy-absorbing steering wheels, shatter-resistant windshields, and seat belts. Roads were improved with better delineation of curves, the use of breakaway sign and utility poles, improved illumination, and the addition of barriers separating oncoming traffic lanes and guardrails.

The Act also addressed several aspects of vehicle safety, including drunk driving laws, early seat belt and child safety seat regulations, and motorcycle helmet laws. While the Act did not force states to pass these laws, it did offer federal funding to states that adopted the recommended regulations. By 1975, nearly every state had fallen in line, except for California, which did not pass a law requiring riders to wear helmets until 1992.

The Highway Safety Act of 1967

In 1967, The Highway Safety Act was expanded to include a requirement that all states adopt universal laws for helmet use. This was the first federal attempt to regulate motorcycle rider safety. Before this, some states had enacted universal motorcycle helmet and safety laws in the 1950s and early 1960s, but there was no nationwide legislation.

The 1967 Act was a significant development in road safety, particularly for motorcyclists. It was part of a broader effort to improve safety standards and reduce fatalities and serious injuries on American roads. The Act addressed several aspects of vehicle safety, including drunk driving laws, early seat belt and child safety seat regulations, and, of course, motorcycle helmet laws.

The Act set out specific standards for motorcycle helmets to ensure their effectiveness in protecting riders. These standards included weight requirements, with helmets needing to weigh approximately three pounds. The design was also regulated, with helmets only allowed to have protrusions of up to two-tenths of an inch from the surface. This ensured that decorative features, such as spikes, would not compromise the safety of the helmet. The Act also mandated sturdy, riveted chin straps to securely fasten the helmet to the rider's head.

California's Vehicle Code Section 27803

The code defines "wearing a safety helmet" as having a helmet that meets the requirements of Section 27802 securely fastened on one's head with the helmet straps, without excessive lateral or vertical movement. This means that the helmet should fit snugly and not shift around when fastened. The code also outlines the consequences for failing to comply, which include a fine of up to $250 and/or one year of probation.

The safety specifications and standards for helmets are established by Section 27802, which gives the state the right to set these standards for helmets "offered for sale, or sold, for use by drivers and passengers." The minimum requirements for motorcycle safety helmets, as outlined by the Department of Transportation and the National Highway Traffic Safety Administration, include the following:

• Helmet Weight: Helmets should weigh approximately three pounds.
• Sturdy, Riveted Chin Straps: Helmets must have a chin strap that is securely attached using sturdy rivets.
• Inner Liner: Helmets must have a firm polystyrene foam liner that is approximately one inch thick and lines the inside of the helmet.
• Limited Protrusions: Design features or functions should not protrude more than two-tenths of an inch from the surface of the helmet. Fasteners for visors are acceptable, but decorative features like spikes are prohibited.

The National Highway Traffic Safety Administration's findings

The National Highway Traffic Safety Administration (NHTSA) has outlined the following minimum requirements for motorcycle safety helmets:

• Helmet weight: Helmets that meet minimum requirements should weigh approximately three pounds.
• Sturdy, riveted chin straps: Helmets must have a chin strap that is attached using sturdy rivets.
• Inner liner: Helmets must have a firm polystyrene foam liner approximately one inch thick lining the inside of the helmet.
• Limited protrusions: Design features or functions cannot protrude more than two-tenths of an inch from the surface of the helmet. Visor fasteners are acceptable, but spikes and other decorative features are prohibited.

The NHTSA also provides guidelines on how to wear a motorcycle helmet:

> All individuals must wear the helmet on their heads with the chin straps securely fastened.

The NHTSA has found that motorcyclists are overrepresented in fatal traffic crashes. In 2022, there were 6,218 motorcyclist fatalities, accounting for 15% of all traffic-related deaths. This is the highest number of motorcyclist deaths since 1975. The NHTSA also reports that per vehicle miles travelled in 2022, motorcyclists were about 22 times more likely than car occupants to die in a crash and four times more likely to be injured.

The NHTSA's data shows that wearing a helmet is one of the most effective ways to reduce the likelihood of serious injury or death in a motorcycle crash. Research indicates that helmets lower the risk of motorcycle rider fatalities by 22% to 42% and brain injuries by 41% to 69%. A 2013 study of hospital data in the National Trauma Data Bank found that, compared to helmeted riders, motorcyclists who did not wear helmets were more likely to be admitted to the Intensive Care Unit (ICU), more likely to require ventilation, and more likely to show signs of significant or severe injury.

The NHTSA is committed to promoting safe behaviours for motorcyclists and other motorists, as outlined in their Motorcycle Safety 5-Year Plan and public awareness campaigns like Rider Safety, Share the Road, and Ride Sober or Get Pulled Over.

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