current helmet law:
It is unlawful for a driver of a motorcycle or a motorized bicycle
to carry any other person thereon, except on a seat securely
fastened to the machine at the rear of the driver and provided
with footrests, or in a sidecar attached to a motorcycle and
designed for the purpose of carrying a passenger. Every passenger
on a motorcycle or a motorized bicycle shall keep his feet on
the footrests while such vehicle is in motion.
No person shall drive any two-wheel motorcycle:
(a) Equipped with a seat so positioned that the driver, when
sitting astride the seat, cannot reach the ground with his feet.
(b) Equipped with handlebars so positioned that the hands of
the driver, when upon the grips, are at or above his shoulder
height when sitting astride the seat.
The department may adopt reasonable regulations establishing
specifications and standards for safety helmets offered for
sale, or sold, for use by drivers and passengers of motorcycles
and motorized bicycles as it determines are necessary for the
safety of those drivers and passengers. The regulations shall
include, but are not limited to, the requirements imposed by
Federal Motor Vehicle Safety Standard No. 218 (49 C.F.R. Sec.
571.218) and may include compliance with that federal standard
by incorporation of its requirements by reference. Each helmet
sold or offered for sale for use by drivers and passengers of
motorcycles and motorized bicycles shall be conspicuously labeled
in accordance with the federal standard which shall constitute
the manufacturer's certification that the helmet conforms to
the applicable federal motor vehicle safety standards.
(b) No person shall sell, or offer for sale, for use by a driver
or passenger of a motorcycle or motorized bicycle any safety
helmet which is not of a type meeting requirements established
by the department.
A driver and any passenger shall wear a safety helmet meeting
requirements established pursuant to Section 27802 when riding
on a motorcycle, motor-driven cycle, or motorized bicycle.
(b) 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 as required by subdivision (a).
(c) It is unlawful to ride as a passenger on a motorcycle, motor-driven
cycles, or motorized bicycle if the driver or any passenger
is not wearing a safety helmet as required by subdivision (a).
(d) This section applies to persons who are riding on motorcycles,
motor-driven cycles, or motorized bicycles operated on the highways.
(e) For the purposes of this section, "wear a safety helmet"
or "wearing a safety helmet" means having a safety
helmet meeting the requirements of Section 27802 on the person's
head that is fastened with the helmet straps and that is of
a size that fits the wearing person's head securely without
excessive lateral or vertical movement.
(f) This section does not apply to a person operating, or riding
as a passenger in, a fully enclosed three-wheeled motor vehicle
that is not less than seven feet in length and not less than
four feet in width, and has an unladen weight of 900 pounds
or more, if the vehicle meets or exceeds all of the requirements
of this code, the Federal Motor Vehicle Safety Standards, and
the rules and regulations adopted by the United States Department
of Transportation and the National Highway Traffic Safety Administration.
(g) In enacting this section, it is the intent of the Legislature
to ensure that all persons are provided with an additional safety
benefit while operating or riding a motorcycle, motor-driven
cycle, or motorized bicycle.