Fix-it-Tickets: New Bicycle Helmet Law

New California Law

California Highway Patrol has always been advocates for the safety of all forms of transportation, for all ages. Yet, they are now making efforts to increase the safety for children. While those of any age should be riding safely, there is a new law designated for those under the age of 18. This new California law (AB-3077) provides all law enforcement with the ability to write a “fix-it-ticket” to those under 18 who doesn’t wear a helmet while riding a bicycle, skateboard or skates. 

Fix-it-Tickets

The fix-it-tickets designed to encourage minors and their guardians to get a safety helmet – within a reasonable amount of time. “Fix-it-tickets” are unique because they are arranged to be correctable. This “fix-it-ticket” is correctable if the minor gets a helmet and completes a bicycle safety course within 120 days of that ticket being issued. The violation of this is an infraction punishable with a fine of up to $25. This does also fall onto the parent or legal guardian of the minor. This provision is jointly liable. 

The helmet must be within safety standards meaning it is the correct size for the child’s age and head size. It should fit snug to provide safety in the occurrence of a fall or other accident. Bicycle safety courses that can be completed are very informative about bike safety for all ages. 

Bicycle Safety

When laws like this arise, it is only done for the protection of the minor. These laws work to keep everyone safe on the road together. Often times kids (and adults too) might not feel a helmet is necessary. Helmets protect from traumatic brain injury during an accident. Serious brain injury can occur even when traveling at low speeds. Along with increased safety, there is another positive note about laws like this arising – Highway Patrol and other law enforcement agencies are recognizing the significance of all forms of transportation. 

Feel free to contact The Bicycle Lawyer about California laws and bicycling.

Bicycle Laws – Stop or Yield?

Bicycles are subject to all of the same laws as automobiles when riding on the road. For the most part, this is entirely for the safety of the cyclist, but it also helps keep traffic flowing and predictable. Although this has been the longstanding law, there is one key amendment that is taking shape early 2017 in California that could shake things up.

 

According to California Assembly Bill 1103, cyclists would be allowed to legally treat stop signs as yield signs.

“This bill would … authorize a person operating a bicycle approaching a stop sign, after slowing to a reasonable speed and yielding the right-of-way, to cautiously make a turn or proceed through the intersection without stopping, unless safety considerations require otherwise.”

While controversial, this bill may prove to increase the safety of the discerning cyclist if used properly. “The longer it takes for a bicyclist to pass through an intersection, the greater likelihood that they’ll get hit by an oncoming vehicle …” said Jay Obernolte, one of the assemblymen who introduced the new measure.

However, there are some that disagree:

“Joel West, an Oceanside resident who has worked in his community on transportation issues, said the bill is a bad idea that will encourage bad habits. If enacted, he predicts that instead of cautiously riding through stop signs, bicyclists will completely blow through them because the law gives them the discretion to determine what’s safe.”

No matter what the verdict is, it is evident that potential revisions are coming to the longstanding laws for cyclists on the road.

Don’t hesitate to contact Gary Brustin with any questions regarding local cycling laws.