[Elist] FYI children on a motorcycle

John Del Santo mcbwaycool at yahoo.com
Sun Oct 9 13:47:59 PDT 2011

A woman at a meeting yesterday told a story about being stopped by a law enforcement officer when she had her child on her motorcycle as a passenger.    She was told that not only was in not legal.....but that the child should be "tethered" to the parent.  The Vehicle Code sections below explain that California does NOT have a minimum age for motorcycle passengers, and that all passengers including children must have (1) a seat that fits. (2) a helmet that fits. and (3) a set of passenger pegs that they can reach and use.   No type of a "tether" is recommended or required.  
California Vehicle Code  Section 27800 Passengers Equipment and Usage

Passengers: Equipment and Usage 
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. 

Amended Ch. 421, Stats. 1978. Effective January 1, 1979. 

CVC Section 27803 Safety Helmets Requiredd) 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 

California Vehicle Code 
V C Section 27315 Mandatory Seat Belt Law

(b) This section shall be known and may be cited as the Motor Vehicle Safety Act. 
(c) (1) As used in this section, "motor vehicle" means a passenger vehicle, a motortruck, or a truck tractor, but does not include a motorcycle.  ----------------------------------------------------
   John Del Santo
    ( 619 ) 223 - 0421
  At Intersections,  and 
  In Your Blind Spots,
 "Check Twice for Motorcycles".  

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