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Wearing a Helmet in California, here's what 1 officer says

13K views 13 replies 7 participants last post by  openair 
#1 ·
THIS IS GREAT.

My daughter just started dating a SWAT guy in LA. So naturally the first question I had my daughter ask him, as any father who owns a slingshot would ask of a CA cop dating his daughter, Do I have to wear a helmet in my Slingshot?

He came back with an answer that I never thought of that makes sense. He based his answer based on the license requirement for the Slingshot. His answer:

"Technically he does not have to wear a helmet in one of those. Per DMV you need a class C license to drive a slingshot. You need an m1 to drive a motorcycle."

Following this logic:

You need a C license to drive an auto and a M1 to ride a motorcycle.

Helmets aren't required for driving C license vehicles.

Helmets are required for riding M1 vehicles except for (f)

You need a C license to drive a Sling therefore:

NO HELMET REQUIRED.

The Honorable Judge Yochemate:)
 
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#7 ·
All three wheeled vehicles in CA only require a class C license. It does not change that they are motorcycles. What it means is that not all motorcycles require a motorcycle endorsement to drive them, but that does not change any other requirements for driving them (ie, helmet). If the motorcycle also meets the requirements of having 3wheels, >7'x4' and fully enclosed, then you are not required a helmet.
You could also look at as a passenger, they aren't required to have ANY license, so they shouldn't have to wear a helmet on any motorcycle.
 
#8 ·
I agree with you guys that the license issue is weak but if an officer didn't give me a ticket for that reason I wouldn't argue. :)

However, I still believe the law is too vague to enforce. See Garlic's reasoning below which only adds to the vagueness.
Oct 2, 2015

Garlic SlingerNew Member
My approach would be to have an attorney argue the citation contradicts sections 27803 (f) and (g). Once past the USDOT, FMVSS, and NHTSA motorcycle certifications for the model year the issue centers around "enclosed" in 27803(f). Section 27803 (g) provides the context of "enclosed"; a safety enclosure and not weather protection so the fact there is no roof is immaterial. As you are restrained (belted) within the fully enclosed safety structure (roll bars, perimeter frame) a helmet does not provide an additional safety benefit. Based on the Legislature's stated intent in 27803 (g) ("the intent of the Legislature to ensure that all persons are provided with an additional safety benefit") section 27803 does not apply.

That's the theory anyway. You're mileage may vary.
 
#9 ·
With sitting here reading all these arguments over this issue for nearly the past four years or so, the main contention that I have heard against the SlingShot not being recognized as being fully enclosed is that it does not have a structural windshield to protect in both a roll over and from frontal debris ......................

(Personally, I hope that a structural windshield never comes about for that would be just one more step to removing the SlingShot as a motorcycle and coming under the more restrictive automobile regulations. :( For me, wearing a helmet is a small price to pay so to keep the other freedoms that most of us so enjoy! :) )

Bill
 
#10 ·
THIS IS GREAT.

My daughter just started dating a SWAT guy in LA. So naturally the first question I had my daughter ask him, as any father who owns a slingshot would ask of a CA cop dating his daughter, Do I have to wear a helmet in my Slingshot?

He came back with an answer that I never thought of that makes sense. He based his answer based on the license requirement for the Slingshot. His answer:

"Technically he does not have to wear a helmet in one of those. Per DMV you need a class C license to drive a slingshot. You need an m1 to drive a motorcycle."

Following this logic:

You need a C license to drive an auto and a M1 to ride a motorcycle.

Helmets aren't required for driving C license vehicles.

Helmets are required for riding M1 vehicles except for (f)

You need a C license to drive a Sling therefore:

NO HELMET REQUIRED.

The Honorable Judge Yochemate:)
Cops are not an authority on law, you need to ask a lawyer. Additionally, the American Academy of Neurosurgeons has already weighed in on this and they NEVER recommend the use of a helmet when NOT USING A HANS device, while restrained, as in "wearing a shoulder/lap belt". Forces on the neck are increased 40 fold in both frontal and rear impact crashes, nearly assuring death of the driver when the added weight of a helmet is added to the driver's head. Unfortunately, our legislatures are so short sighted, most have not addressed this issue, and won't until they are sued for INCREASING chance of injury/death by REQUIRING a helmet when driving a 3 wheeled vehicle equipped with seat/shoulder belts. SO, NO helmet should EVER be required when driving a Slingshot, ANYWHERE.
 
#14 ·
Some years back, a safety editor for a motorcycle magazine had a running "argument" (if you can call a monthly letter exchange a running argument) about wearing helmets. Every reason to wear one was countered by the reader.
Finally, the magazine guy offered to meet the reader at a location chosen by the reader to settle the dispute once and for all. The deal was that each would get their choice of a baseball or softball bat, wooden or aluminum. The writer would wear his personal helmet, the reader would wear no helmet. The reader was offered first shot.
The reader OF COURSE never showed, nor did he ever write another letter to the magazine.
 
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