Because the bill would impose increased duties on local criminal justice systems, the bill would create a state-mandated local program. This bill would also make it a crime, thereby imposing a state-mandated local program, for any person to manufacture, sell, or advertise the sale of, a helmet that does not meet the requirements established by the department without complying with certain labeling and disclosure requirements. This bill would specify that the above-described provisions of existing law applicable to motorcycle and motorized bicycle safety helmets, and the provision of the bill described above, do not apply to bicycle helmets, as specified. The bill would also make clarifying changes. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. Existing law further provides for rights of ingress, egress, and support through the common areas of common interest developments. This bill would provide that any provision of the governing documents of a common interest development which prohibits the operation of any motorcycle, as specified, by a resident or homeowner within the development shall be void and unenforceable. It would also provide that these documents shall not contain any restriction regarding the parking and storage of a motorcycle that is not applicable to all motor vehicles permitted within the common interest development. Under existing law, it is unlawful for any person to operate a motorcycle, motor-driven cycle, or motorized bicycle if the driver or any passenger is not wearing a safety helmet.