California is one of nineteen states, along with the District of Columbia, that requires motorcyclists to wear a helmet meeting federal safety standards. Helmet use has been shown to significantly reduce fatal injuries to both motorcycle operators and their passengers. Even so, fewer states have kept mandatory helmet laws in recent years — at least one state repealed its law as recently as 2012. States like California, which require helmets for all riders and passengers regardless of age, are known as "universal helmet law states." By contrast, "partial helmet law states" only require helmets for riders under a certain age, such as nineteen.
There is no such thing as a minor "fender bender" in a motorcycle accident. According to the National Highway Traffic Safety Administration (NHTSA), roughly 80% of motorcycle crashes result in death or serious injury to the driver or passenger. A ten-year study of motorcycle accidents found that helmets saved more than 7,400 lives — while another 6,300 riders died from injuries that could have been prevented had they been wearing one.
California lawmakers enacted the state's helmet law specifically to protect motorcycle operators and their passengers. For that reason, the statute covers motor-driven cycles and motorized bicycles in addition to motorcycles.
When California's mandatory helmet law took effect in 1992, motorcycle-related fatalities dropped 37% the following year. Statistics also show that requiring helmets for all riders and passengers cuts the risk of head injury in a motorcycle accident by 69%.
Under California Vehicle Code Section 27803, every motorcycle operator and passenger must wear a helmet while riding a motorcycle, motorized bicycle, or motor-driven cycle. The requirement applies to passengers as well — it's unlawful for a helmeted passenger to ride with a driver who isn't wearing one. A rider who is properly helmeted can still be cited under the statute if their passenger is not.
There is some disagreement over the appropriate penalty for violating California Vehicle Code Section 27803. The California Highway Patrol takes the position that riders caught without a helmet can be fined — a stance that state courts have upheld. Others argue that violations should be treated as correctable equipment tickets, allowing riders to avoid the fine by fixing the issue.
The U.S. Department of Transportation sets minimum safety standards for all motorcycle helmets sold in the United States. Under Federal Motor Vehicle Safety Standard 218, those standards include:
Helmets that meet these DOT standards may carry a sticker certifying compliance.
California law requires motorcyclists and their passengers to wear helmets that comply with the DOT standards the state has adopted. Mounting a GoPro or similar camera on a helmet can create a legal gray area, since an attachment exceeding 5mm in length can compromise DOT compliance.
California Vehicle Code Section 27803(e) exists to keep riders from wearing a helmet in a way that technically satisfies the law without actually protecting them. Proper use means wearing the helmet on the head, securely fastening the chin strap to the helmet shell, and ensuring a snug fit that limits excessive side-to-side or up-and-down movement.
