Article Index

Important CA Vehicle Code Topics

Here are some sections of the California Vehicle code that relate to topics important to motorcycles. To look-up or read any section of the code, go to the CA Vehicle Code site. Below are some interesting sections to motorcyclists.

 


Slow Moving Vehicles

How many times have you been stuck on a twisty canyon road behind a "slow" car or truck wishing there was something you could do. Well, you may not be able to do much (other than gas it and go by) but when you get a chance to speak to the offending driver politely inform them of the California driving code below.

21656. On a two-lane highway where passing is unsafe because of traffic in the opposite direction or other conditions, any vehicle proceeding upon the highway at a speed less than the normal speed of traffic moving in the same direction at that time, behind which five or more vehicles are formed in line, shall turn off the roadway at the nearest place designated as a turnout by signs erected by the authority having jurisdiction over the highway, or wherever sufficient area for a safe turnout exists, in order to permit the vehicles following it to proceed. (Amended by Stats. 2015, Ch. 265, Sec. 1. (AB 208) Effective January 1, 2016.)

California Law section 21656


Lane Splitting

Many motorcyclists, new to California, have asked me about "lane splitting". One day, in 1995, I thought I should know in black and white (as in per the law) what really is the deal in this state. It turned out to be a tough one. I read everything I could. I learned there was no "lane splitting" law. Therefore, no prohibition on lane splitting.

Since then, things have changed. Now there are sections in the California Law that apply. In 2017 the legislature added provisions to enable the CHP to establish "guidelines", which they did, then rescinded. But, we have in law a legal description of splitting and, given the CHP is authorized to develop guidelines, an implication that the behavior is legal.

Be aware that such parts of the law as "...entirely within a single lane..." have been used by law officers to ticket motorcyclists splitting with their handlebars (or some other bike component) partly in each lane.

21658. Whenever any roadway has been divided into two or more clearly marked lanes for traffic in one direction, the following rules apply: (a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.

(b) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of the traffic device. (Amended by Stats. 1975, Ch. 450.)

21658.1. (a) For the purposes of this section, “lane splitting” means driving a motorcycle, as defined in Section 400, that has two wheels in contact with the ground, between rows of stopped or moving vehicles in the same lane, including on both divided and undivided streets, roads, or highways.

(b) The Department of the California Highway Patrol may develop educational guidelines relating to lane splitting in a manner that would ensure the safety of the motorcyclist and the drivers and passengers of the surrounding vehicles.

(c) In developing guidelines pursuant to this section, the department shall consult with agencies and organizations with an interest in road safety and motorcyclist behavior, including, but not limited to, all of the following:

(1) The Department of Motor Vehicles.

(2) The Department of Transportation.

(3) The Office of Traffic Safety.

(4) A motorcycle organization focused on motorcyclist safety.

(Added by Stats. 2016, Ch. 141, Sec. 1. (AB 51) Effective January 1, 2017.)

California Law section 21658.1


Earplugs

For those of you concerned about hearing damage, and therefore wear earplugs when riding, here is the California law as it pertains to you.

27400. A person operating a motor vehicle or bicycle may not wear a headset covering, earplugs in, or earphones covering, resting on, or inserted in, both ears. This prohibition does not apply to any of the following:

(a) A person operating authorized emergency vehicles, as defined in Section 165.

(b) A person engaged in the operation of either special construction equipment or equipment for use in the maintenance of any highway.

(c) A person engaged in the operation of refuse collection equipment who is wearing a safety headset or safety earplugs.

(d) A person wearing personal hearing protectors in the form of earplugs or molds that are specifically designed to attenuate injurious noise levels. The plugs or molds shall be designed in a manner so as to not inhibit the wearer’s ability to hear a siren or horn from an emergency vehicle or a horn from another motor vehicle.

(e) A person using a prosthetic device that aids the hard of hearing.

(Amended by Stats. 2015, Ch. 451, Sec. 55. (SB 491) Effective January 1, 2016.)

California Law section 27400


Headlight Modulators

The legality of headlight modulators comes into question occasionally, and both CHP officers and local constables tend to be unaware of the legal status of these devices. Put simply, they are legal throughout the United States and Canada.

Section 108 of the Federal Motor Vehicle Safety Standards regulates modulated headlights. California Vehicle Code 25250-25251 specifically allows them. And, Title 49 of United States Code 30103(b1) forbids any state from prohibiting them.

Here are the California Law specifics:

25251.2. Any motorcycle may be equipped with a means of modulating the upper beam of the headlamp between a high and a lower brightness at a rate of 200 to 280 flashes per minute. Such headlamps shall not be so modulated during darkness. (Added by Stats. 1980, Ch. 35, Sec. 1. Effective March 7, 1980.)

California Law section 25251.2


HOV Lanes

Although it seems obvious to most of us, there are those who doubt the eligibility of motorcycles to use High Occupancy Vehicle, or "diamond", lanes. In fact, and logically, motorcycles are indeed eligible (by Federal mandate, in cases of Federally-funded highways). Here is the official word from the CA Vehicle Code:

21655.5. (a) The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may authorize or permit exclusive or preferential use of highway lanes for high-occupancy vehicles. [...]

(b) [...] A motorcycle, a mass transit vehicle, a blood transport vehicle that is clearly and identifiably marked as such on all sides of the vehicle, or a paratransit vehicle that is clearly and identifiably marked on all sides of the vehicle with the name of the paratransit provider may be operated upon those exclusive or preferential use lanes unless specifically prohibited by a traffic control device.

California Law section 21655.5


Three-wheeled Vehicles and Helmets

While in California, riding in a Polaris Slingshot or similar and you believe that because it has a seat belt you don't need a helmet, wrong.

27803. (a) 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.

(Amended by Stats. 1997, Ch. 710, Sec. 4. Effective January 1, 1998.)

California Law section 27803

First, while the Slingshot does weight 1,750 lbs so more than the 900 lb minimum, it is not fully enclosed. Second, and more importantly, the vehicle does not meet applicable Federal Motor Vehicle Safety Standards as documented both in the owner's manual and on a safety sicker in the cockpit.

The SLINGSHOT vehicle does NOT comply with Federal Motor Vehicle Safety Standards (FMVSS) and regulations of the United States Department of Transportation (DOT) applicable to passenger cars in the USA.

So, wear your helmet and fasten your seat belt when operating a Slingshot or similar vehicle in California.