California Motorcycle Law
Best California Motorcycle Accident Lawyer
California motorcycle accident victims are fortunate that THE Motorcycle Lawyer sm, Jason Waechter, is on your side. We are the motorcycle law firm that has perhaps represented more motorcycle accident clients than any other firm in California. Jason Waechter is nationally known as THE Motorcycle Lawyer sm
Of Special Interest to Bikers:
Best Motorcycle Rides in California
Most Dangerous Intersections in California for Motorcycle Accidents
Best California Motorcycle Lawyer
Before heading out, you should be familiar with California’s laws. Jason Waechter is nationally known as THE Motorcycle Lawyer sm and provides you with up to date information on California’s motorcycle laws.
California Motorcycle Helmet Law
With over 1,100 miles of Pacific coastline and diverse scenery, California is the perfect destination for motorcyclists. Experience mountain roads, twisted canyons, and interesting cities along the way. It is important to be familiar with California’s helmet law before your ride to avoid tickets and fines.
California is one of 18 states that require motorcyclists to wear helmets. According to the statute, your helmet must fit snugly on your head and be fastened with straps.
The helmet must also:
- Be in good condition with no obvious defects such as loose padding, cracks, or frayed straps.
- Meet U.S. DOT safety standards and have the DOT lettering from the manufacturer applied on the back of the helmet.
ARTICLE 7. Motorcycles [27800 - 27803] ( Article 7 enacted by Stats. 1959, Ch. 3. )
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.
Consequences of Not Wearing a Helmet Under California Law
Besides getting a ticket and paying a fine, there are more consequences of not wearing a helmet under California law.
If you get into a motorcycle accident while not wearing your helmet in California, it can negatively impact your case. The at-fault party in a motorcycle accident case may use a comparative negligence defense under California law.
So what does this mean for you?
California law allows the defendant (at-fault party) to say the victim contributed to their own injuries. If the court accepts this defense, the victim may receive less compensation for their injuries.
For example, under California’s comparative negligence law, if not wearing a helmet made you 30 percent liable for your injury, then you would receive $70,000 instead of a $100,000 award for your motorcycle accident claim.
For more information, contact a California motorcycle accident lawyer to learn more.
California Motorcycle License Requirements
You need an M-1 license to operate a motorcycle in California. The M-1 license covers any two-wheel motorcycle, motor-driven cycle, and motorized scooters. There are a few requirements you must meet to get your M-1 license in California. These requirements change depending on your age.
If you are 18 - 20 years old, you must:
- Have a Certificate of Completion of Motorcycle Training
- Complete a Driver License or Identification Card Application
- Pass a vision exam
- Fingerprints taken
- Pay the required fees
- Pass the knowledge and skills test
- Have an instruction permit for at least six months
If you are 21 and over, you must:
- Complete a Driver License or Identification Card Application
- Pass a vision exam
- Fingerprints taken
- Pay the required fees
- Pass the knowledge and skills test
ARTICLE 3. Issuance and Renewal of Licenses [12800 - 12819] ( Article 3 enacted by Stats. 1959, Ch. 3. )
12804.9. (a) (1) The examination shall include all of the following:
(A) A test of the applicant’s knowledge and understanding of the provisions of this code governing the operation of vehicles upon the highways.
(B) A test of the applicant’s ability to read and understand simple English used in highway traffic and directional signs.
(C) A test of the applicant’s understanding of traffic signs and signals, including the bikeway signs, markers, and traffic control devices established by the Department of Transportation.
(D) An actual demonstration of the applicant’s ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer.
(4) Class M1. A two-wheel motorcycle or a motor-driven cycle. Authority to operate a vehicle included in a class M1 license may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination.
Basically, if you are under 21 years of age, you are required to complete a California Motorcyclist Safety Program (CMSP). If you are over 21, the CMSP is not required but it is encouraged. To obtain your M-1 motorcycle license in California, apply at any DMV office that offers driver’s license services.
Penalties for Driving Without a Motorcycle License in California
Under California’s Vehicle Code 12500(a), driving without a valid motorcycle license can be charged as a California misdemeanor or a California infraction.
A misdemeanor penalty for driving without a motorcycle license includes:
- A fine up to $1,000 and/or
- Up to six months in jail
Mandatory Insurance
Besides having an M-1 license, you also need motorcycle insurance under California law. The law requires that all registered motorcycles have liability coverage to cover bodily injuries and property damages in case of a serious accident.
Motorcycle insurance must be purchased separately from your traditional vehicle insurance policy because your passenger vehicle insurance does not cover motorcycle crashes.
California law requires the following coverage:
- $5,000 for property damage
- $30,000 for bodily injury to others involved in the accident
- $15,000 for bodily injury incurred by another person
ARTICLE 2. Damages for Wrongs [3333 - 3343.7] ( Article 2 enacted 1872. )
3333.4. (a) Except as provided in subdivision (c), in any action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages if any of the following applies:
(1) The injured person was at the time of the accident operating the vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense.
(2) The injured person was the owner of a vehicle involved in the accident and the vehicle was not insured as required by the financial responsibility laws of this state.
(3) The injured person was the operator of a vehicle involved in the accident and the operator can not establish his or her financial responsibility as required by the financial responsibility laws of this state.
(b) Except as provided in subdivision (c), an insurer shall not be liable, directly or indirectly, under a policy of liability or uninsured motorist insurance to indemnify for non-economic losses of a person injured as described in subdivision (a).
(c) In the event a person described in paragraph (2) of subdivision (a) was injured by a motorist who at the time of the accident was operating his or her vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense, the injured person shall not be barred from recovering non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages.
Penalties for Not Having the Correct Insurance
Proposition 213 was passed in 1996. The purpose of the proposition was to lower the number of uninsured motorists on the roadways. Proposition 213 says if you do not have auto insurance and are injured in a crash (even if it is not your fault), then you cannot claim non-economic damages. Non-economic damages include disability or disfigurement, pain and suffering, and loss of consortium.
Here are a few different scenarios to clarify Prop 213:
- If you were driving an insured vehicle at the time of an accident, then Prop 213 does not apply.
- If you were a passenger, then Prop 213 does not apply.
- If you were a driver of a vehicle that was not covered by insurance, then Prop 213 does apply.
Other Penalties
The first offense for driving without insurance is a minimum fine of $100. Additional penalties and fees may be added to the fine, which can total up to $450. The driver may also face a one-year license suspension.
If you have been in a motorcycle accident and have questions about your case, contact THE Motorcycle Lawyer sm, Jason Waechter. A motorcycle accident lawyer will help you navigate your case while advocating for your rights.
Motorcycle Equipment Specifications
California has specific equipment requirements when it comes to motorcycles. The specifications include windshields and mirrors, handlebars, passenger seats, and noise restrictions. Make sure your motorcycle is compliant with California law before you head out.
Windshields and Mirrors
Your motorcycle must have a minimum of two mirrors, and one has to be on the left. Furthermore, one mirror must be positioned so that you can see at least 200 feet behind you.
CHAPTER 4. Windshields and Mirrors [26700 - 26712] ( Chapter 4 enacted by Stats. 1959, Ch. 3.)
26709. (a) Every motor vehicle registered in a foreign jurisdiction and every motorcycle subject to registration in this state shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of such vehicle. Every motor vehicle subject to registration in this state, except a motorcycle, shall be equipped with not less than two such mirrors, including one affixed to the left-hand side.
(b) The following described types of motor vehicles, of a type subject to registration, shall be equipped with mirrors on both the left- and right-hand sides of the vehicle so located as to reflect to the driver a view of the highway through each mirror for a distance of at least 200 feet to the rear of such vehicle:
(1) A motor vehicle so constructed or loaded as to obstruct the driver’s view to the rear.
(2) A motor vehicle towing a vehicle and the towed vehicle or load thereon obstructs the driver’s view to the rear.
(3) A bus or trolley coach.
(c) The provisions of subdivision (b) shall not apply to a passenger vehicle when the load obstructing the driver’s view consists of passengers.
Handlebars
The handlebars on your motorcycle must not be more than six inches above your shoulders while you are sitting on the motorcycle.
ARTICLE 7. Motorcycles [27800 - 27803] ( Article 7 enacted by Stats. 1959, Ch. 3. )
27801. A person shall not drive a two-wheel motorcycle that is equipped with either of the following:
(a) A seat so positioned that the driver, when sitting astride the seat, cannot reach the ground with his or her feet.
(b) Handlebars so positioned that the hands of the driver, when upon the grips, are more than six inches above his or her shoulder height when sitting astride the seat.
Passenger Seats
If you have a passenger on your motorcycle, make sure their seat is securely fastened behind the driver’s seat. Passengers must have footrests in place, which must be used while the motorcycle is in motion.
ARTICLE 7. Motorcycles [27800 - 27803] ( Article 7 enacted by Stats. 1959, Ch. 3. )
27800. 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.
The Noise Bill — SB 435
In September 2010, California Governor signed The Noise Bill -- SB 435. The bill prevents aftermarket exhaust pipes, which means you must use the original, federally-required emissions exhaust systems. If you do purchase aftermarket equipment, that equipment must have a readily-visible EPA stamp that certifies federal emissions compliance.
Penalties for Violating SB 435
The first violation is a fix-it ticket and a small fine, which is between $50-$100. Subsequent offenses may result in fines of $100 to $250.
California Traffic Laws
California is unique in that it is the only state in the United States to allow lane splitting. However, if you do decide to split lanes, there are some guidelines you need to follow.
California Highway Patrol provides information on safe practices for splitting lanes. These include:
- Stay alert and anticipate other motorists’ maneuvers
- Consider the environment around you
- It is safer to split lanes farthest to the left (lane numbers 1 and 2)
- Avoid splitting lanes when traffic is going 30mph or more
- Don’t drive more than 10mph faster than other traffic
- The danger increases with speed and an increase in speed difference between cars and motorcycles
- Don’t ride on the shoulder as this is not lane splitting
- Stay visible and don’t stay in the blind spots of vehicles
- Wear reflective gear and brightly colored gear
- Use high beams during daytime hours
ARTICLE 1. Driving on Right Side [21650 - 21664] ( Article 1 enacted by Stats. 1959, Ch. 3. )
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 Moving Violations
California traffic violations fall into two categories: infractions and misdemeanors. Infractions are basic traffic violations, such as speeding or running a red light. Misdemeanors are more serious than infractions and include violations, such as driving under the influence, driving without a license, or excessive speeding.
The following is the points breakdown for various moving violations in California.
| Violation | Points |
| Unlisted traffic violation (some exceptions) | 1 |
| At-fault accident | 1 |
| Driving while suspended or revoked | 2 |
| Under 21 years old with BAC of 0.05% or more | 2 |
| License restriction violation | 2 |
| Racing | 2 |
| Speeding 100mph or more on highway | 2 |
| Driving on the wrong side of highway | 2 |
| Flee and elude (wanton) an officer | 2 |
| Vehicular manslaughter or assault | 2 |
| Reckless driving | 2 |
| DUI | 2 |
| Failure to stop at accident (hit and run) | 2 |
Speeding
California’s speeding law has two types: absolute and prima facie speed limits.
According to California Vehicle Code 22356, absolute speed limits prohibit drivers from driving faster than:
- 5mph on two-lane undivided highways (unless otherwise marked)
- 65 mph on freeways and other highways (that are not marked for 70mph)
- 70mph on freeways marked for that speed
ARTICLE 1. Generally [22348 - 22366] ( Heading of Article 1 amended by Stats. 1959, Ch. 11. )
22356. (a) Whenever the Department of Transportation, after consultation with the Department of the California Highway Patrol, determines upon the basis of an engineering and traffic survey on existing highway segments, or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highway segments, that a speed greater than 65 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any state highway, or portion thereof, that is otherwise subject to a maximum speed limit of 65 miles per hour, the Department of Transportation, with the approval of the Department of the California Highway Patrol, may declare a higher maximum speed of 70 miles per hour for vehicles not subject to Section 22406, and shall cause appropriate signs to be erected giving notice thereof. The Department of Transportation shall only make a determination under this section that is fully consistent with, and in full compliance with, federal law.
(b) No person shall drive a vehicle upon that highway at a speed greater than 70 miles per hour, as posted.
(Repealed (in Sec. 26) and added by Stats. 1995, Ch. 766, Sec. 27. Effective January 1, 1996. This section became operative, by its own provisions, on the date described in Section 22366.)
Prima Facie (Presumed) Speed Limits
Prima facie speed limits are also known as presumed speed limits under California Vehicle Code 22352. Unless otherwise posted, the presumed speed limits are:
- 25mph in school zones, business, and residential districts
- 15 mph at highway intersections, alleys, railroad crossings, and intersections without 100 feet of visibility of approaching vehicles
ARTICLE 1. Generally [22348 - 22366] ( Heading of Article 1 amended by Stats. 1959, Ch. 11. )
22352. The prima facie limits are as follows and shall be applicable unless changed as authorized in this code and, if so changed, only when signs have been erected giving notice thereof:
(a) Fifteen miles per hour:
(1) When traversing a railway grade crossing, if during the last 100 feet of the approach to the crossing the driver does not have a clear and unobstructed view of the crossing and of any traffic on the railway for a distance of 400 feet in both directions along the railway. This subdivision does not apply in the case of any railway grade crossing where a human flagman is on duty or a clearly visible electrical or mechanical railway crossing signal device is installed but does not then indicate the immediate approach of a railway train or car.
(2) When traversing any intersection of highways if during the last 100 feet of the driver’s approach to the intersection the driver does not have a clear and unobstructed view of the intersection and of any traffic upon all of the highways entering the intersection for a distance of 100 feet along all those highways, except at an intersection protected by stop signs or yield right-of-way signs or controlled by official traffic control signals.
(3) On any alley.
(b) Twenty-five miles per hour:
(1) On any highway other than a state highway, in any business or residence district unless a different speed is determined by local authority under procedures set forth in this code.
Penalties for Speeding
Penalties for speeding vary depending on how much the motorist is speeding. For a motorist who is speeding, but is still under 100mph, the fines are as follows:
- $100 for exceeding the limit or safe speed by 26 miles per hour or more.
- $70 for exceeding the limit or safe speed by 16 to 25 miles per hour.
- $35 for exceeding the limit or safe speed by 1 to 15 miles per hour.
A motorist is driving over 100mph may have harsher penalties, which include:
- A maximum base fine of $500 and 30 days license suspension for the first offense.
- A maximum base fine of $750 and a six-month license suspension (or restricted license) for a second offense within three years.
- A maximum base fine of $1,000 and one-year license suspension (or restricted license) for a third time within five years.
Suspension or Revocation of License
If you accumulate the following point values, your driver’s license can be suspended or revoked. In addition, you could be considered a negligent driver.
- Eight or more points in 36 months
- Six or more points in 24 months
- Four or more points in 12 months
Reckless Driving
In California, reckless driving is considered “in willful or wanton disregard for the safety of persons or property.” The standard first offense for reckless driving has a penalty of five to 90 days in jail and/or $145 to $1,000 in fines.
Murder
Generally, a murder that is related to driving is considered second degree. This carries a sentence of 15 years to life in prison.
Consequences for Gross Vehicular Manslaughter While Intoxicated
This can be with or without being intoxicated. If you are charged with gross vehicular manslaughter while being intoxicated, you face four, six, or ten years in prison as it is a felony. If you have a prior manslaughter or DUI conviction, then the penalty increases to 15 years to life in prison. An example of this is a driver with a blood alcohol content of .08 or more who drives onto a sidewalk, hits a pedestrian, and kills them.
If you are charged with gross vehicular manslaughter (without being intoxicated) it is either a felony or a misdemeanor. The misdemeanor penalty is up to $1,000 in fines and one year in jail. The felony penalty is up to six years in prison. This is similar to gross vehicular manslaughter while intoxicated, except this doesn’t require the driver to be intoxicated.
Negligent Vehicular Manslaughter While Intoxicated
This is either a felony or a misdemeanor. If it is a misdemeanor, the penalty is up to $1,000 in fines and one year in jail. If it is a felony, the penalty is 16 months, two years, or four years in jail. An example of this is a driver who uses illegal drugs at a party, starts driving home and types a text while using a hands-free device, and hits a jaywalking pedestrian and kills them.
Misdemeanor Vehicular Manslaughter
The penalty for misdemeanor vehicular manslaughter is one year in jail and a maximum fine of $1,000. An example of this is a driver who is speeding on the highway, hits another car, and the driver of the other car is killed.
Get Started Now: Call THE Motorcycle Lawyer ℠
If you or a loved one has been in a California motorcycle accident we can help. Attorney Jason A. Waechter is nationally known. From handling many California motorcycle cases for injured bikers and their families, we have specialized knowledge of the law and defenses that are unique to motorcycle cases.
“I Ride, I Get It,”
Riding has helped Waechter defend against the prejudice and finger-pointing bikers often endure after a crash. Attorney Jason Waechter literally “wrote the book.” He is the author of the nationally used textbook for lawyers — Litigating Motorcycle Injury & Wrongful Death Cases.
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