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The Motorcycle Helmet

Veh. Code 27803 — every driver and passenger, fastened and fitted

In California, a driver and any passenger must wear a safety helmet meeting the state's requirements when riding on a motorcycle, motor-driven cycle or motorized bicycle on the highways.

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Wearing it means fastened and fitted. Wearing a safety helmet means having one on the head that is fastened with the helmet straps and of a size that fits securely without excessive lateral or vertical movement.

The driver answers for the passenger. It is unlawful to operate a motorcycle if the driver or any passenger is not wearing a helmet, and unlawful to ride as a passenger if the driver or any passenger is not wearing one.

The assumptionWhat the law actually does
The assumptionA helmet on the head is enoughWhat the law actually doesIt has to be fastened with the straps and fit securely
The assumptionOnly the person without a helmet is breaking the lawWhat the law actually doesThe driver and a passenger both commit the offense

Licensing, endorsement and equipment rules for motorcycles, and the separate rules for mopeds and electric bicycles, are not on this page. Whether a particular helmet meets the standard, or an exception applies to a particular rider, is a question for a licensed California attorney.

Sources for this section (1)
  1. Veh. Code 27803 — Motorcycle safety helmets

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.

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