Cycle News is a weekly magazine that covers all aspects of motorcycling including Supercross, Motocross and MotoGP as well as new motorcycles
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16 17 18 19 20 21 As a public service Cycle News presenls Ibe full lexHexcepl superceded paragraphs) of lbe new California molorcycle safety bill. We support all of Ihe bill strongly EXCEPT lines 10 through 15 on page 6(below). Readers are II'ged 10 wrile lellers 10 legislators and local newspaper edllOrs opposing this unwarranted abuse of Indi vidual volition. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 CA LI FO R NIA L EGI S LATU RE-1968 REGU LAR S ESS ION ASSEMBLY BILL No. 289 Introduced by Assemblymen Foran and Ded deh January 29, 1968 Th e people of the S tate of California do enact as follows: 1 2 3 4 5 6 7 8 9 10 - 2- 11 12 13 14 15 16 17 1 2 3 4 5 6 7 - 3- 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 SO 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 - 4- SECTION 1. Section 12509 of th e Vehicle Code is amended to read : 12509. ~ tit' trf.tfl. ~ -l;.wG+; (a) E xcept as provided in subdivision (f) of Section 12514 any person who is over the age of 17 years and 6 month s may apply to the department f or an instruction permit. Th e department for good cause may issue to th e applicant an instruction per mit which shall entitle th e applicant while having the perm it in his immediate possession to drive a motor vehicle, including a motorcycle subj ect to the limitations imposed by subdivision (d) of this section, upon the highways for a per iod not exceed ing six month s when , except in th e case of a motorcycle, accompanied by, and under the immediate sup ervision of, a California licensed driver 25 years of age or over j ~ ~ til Ii. e j eliP lieellse, ffitt, HIe IIJlf'lielillt Met! ~ lie l!6 lIeeel'llJlaRiea w!lett ellePlltillg Ii ff1et el'eyele not holding a probationary t ype license. The department may fur. ther restrict the permits as it may determine to be ap prop r iate to assure the safe operation of a moto r vehicle by the permittee. ( b) Th,e department may also issu e an instruction perm it to any . physically and mentally qualified .person age 15 years and 6 months or over who has successfully completed an· ap. proved course in automobilo driver education and is taking dri ver training as provided in Seotion 12507. T he instruction permit shall be restricted to th e operation of a motor vehicle other than a motorcycle either when taking th e driver training instruction of a kind referred to in Section 12507, or when practicing such instruction and accompanied by a lice1l8ed driver as protoided in subdivision (a). ( c) The department may also issue an i1l8truction permit to a person who has been issued a valid dri ver 's license to authorized the person to obtain driver training instruction and to practice such instruc tion in order to obtain an additional class driver's license or an C1Idorsement . (d ) Th e department may also issue an instruction perm it to any physically and mentally qualified person who is 15 years and 6 months or over and has successfully completed an approved course in automobile driv er education and is taking driver training instructions as provided in Section 12507 or to any physically and mentally qualified person who is over the age of 1 7 years and 6 months which shall enable the app licant while having th e permit in his immediate possession to drive a mot orcycle, except that such applicant shall only op· erate a motorcycle during th e daylight hours, shall stay off any I re ways which have full control of access and no crossings at grade and shall not carr y any passeng er except an instructor licensed unde r Chapt er 1 (comm encing wit h Section 11100) of Division 5. EC. 2. Sectio n 12654. of the Vehicle Code is r epealed. EQ. 3. Section 12 04 of the Vehicle Code is amended to r ead : 12804. (a ) The examination shall include a test of th e ap plicant 's knowledge and unders tanding of the provisions of t his code governing t he operation of vehi cles upon the high . ways, th e ability to read and understand simple English used in hig hway tr affic and dir ect ional signs, his understandin g of traffic signs and ienals an d the applicant shall be r equired to give an act ual demonstration of his ability to exercise ordinary and re onable control in operating a motor vehicle by driving th e SaDIe under th e npervision .of an examining officer and submit to an exam ination appropriate to the type of motor vehicle or combination of vehicles he desires a license to drive. The examination shall al 0 include a test of the hearing and eyesight of the ap plicant and such other matters as may be necessary to dete rmine t he applicant's mental and physi cal fitne to operate a motor vehicle upon the high ways and whether an y ground exists fo r r ef usal of a license unde r th is code. The examination for a cla 1 or class 2 license under subdivision (b) of this section shall also in clude a docto r 's r eport of a medical examination of th e applica nt. In establishing the r equiremen ts consider ation may be given to the standards 1 presently r equired of motor carrier drivers by the Interstate 2 Commerce Commi ion. An y physical defect of the ap plica nt 3 which In the opinion of the department is compensated to in 4 sure safe driving ability shall not prevent th e issuance of a . . 5 license to the applicant. 6 (b ) ~ I n accordance uoith the f ollowing classifications any 7 applicant for a d river 's license shall be r equ ir ed to submit to 8 an examinat ion appropr iate to th e type of motor vehicle or 9 combin ation of vehicles he desir es a license to drive Hi lleeeFa 10 ltflt'e willt the fellewing elassiHt IIt iollS : 11 (1) Class 1. Any combination of vehicles and includes th e 12 operation of all vehicles under class 2 and class 3. 13 (2) Class 2. Any bus, any" farm labor truck," any single 14 vehicle with th ree or more axles. any uch vehicle towing 15 an oth er vehicle weighing les than 6.000 pounds gross, and - 5- all v~hieles cov~red under cia s 3, except that a person holding a valid cl~ss 3 licen e on the effective date of thi act may drive a bus de igned to carry not mor e than 15 p enzers until uch t ime as th e license exp ires without obtai nin g a ~Iass 2 license. .(3 ) Class 3. Any two-axle vehicle; ~ Q btts tit' ~ ffiltep ~ and any' such vehieles vehicle t owin g an oth er vehicle weigh ing Ie than & ,000 poun ds gross, except a bus matorcycle O I I farm labor truc k ." r (4 ) Class 4. Any mot orcycl e. Authority to operate vehi. cles included in a class 4. license" mall be granted by endorseme1'lt on a class 1, 2 or 3 license upon completion of appropriGte examination. A person holdin g a valid class 1; class 2 or class 3 driver's license on the effective date of the amendm ellts to this section enacted at the 1968 Regular Session of th e L euislature may drive a motorcycle until such tim e as th e license expires without obtaining a class 4 license or endorsement. (c ) T he department may accept a certificate of driving experi ence in lieu of a driving 'test on cla 1 or 2 app licat ions when such certificate is issued by an employer of the applican t provided th e applican t has fir qualifi ed for a eln 3 license and also met the oth er examination r equirements for th e Iicen e for which he is npplyin e. Such certificate may be submitted as evidence of th e app licant 's exper ience or training in th e operation of th e types of equi pment covered by the license for which he is applying. SEC. 4. Section 14608 of the Vehicle Code is amended to r ead : 1460 . No person shall r ent a motor vehicle to another unless: . (a ) The person to whom th e vehicle is r ented is licensed under th is code or is a nonresident" who is licensed under the laws of the state or country of his residence. inspected the (b) The person ren ting to another person driver 's license of the person to whom th e vehicle' is··to be r ented and compa red the signature the reon with th e signature of such person written in his presence. lias (c ) A safety helmet of an approved type is offered to tM 1 2 person to whom a motorcycle is rent ed. This subdivisitm shall 3 become operative six months after the date upon which tlte reg· 4 uZati01l8 concerning safety helmets become effective. SEC. 5. Section 26701 of ·the Vehicle Code is amended to 5 6 read : 26701. (a) No person shall sell, offer for sale, or oper ate 7 8 any motor vehicle, except a motorcycle, manufactured after 9 J an uary I , 1936, unless it is equipped with safety glazing 10 material of a type approved by the department, wherever 11 glazing materials are used in partitions, doors, windows, 12 windshields, or wind deflectors. (b ) No person shall sell or offer for sale an y camp er manu13 14 factured after January 1, 1968, nor shall any person operate 15 a motor vehicle registered in this state which is equi pped with 16 such a camper, unless the camper is equipped with safety glaz17 ing material of a type approved by the dep artment wherever 18 glazing materials are used in outside windows and doors. (c) No person shall operate a motorcycle manufactured af· 19 20 ter J anuary 1, 1969, equipped with a windihield containing 21 glazing material unless $'Uch glazing material is of a type ap22 proved by the departm ent. 23 W (d) No person shall sell, offer for sale or operate an y 24 25 motor vehicle, equipped with red or amber glazing material in 26 any partitions, windows, windshields , or wind deflectors. 27 SEQ 6. Section 26705 of th e "Vehicle Code is repealed. . 31 SEC. 7. Sect ion 26705 of th e Veh icle Code is added, to read : 32 26705. On or after J anuary 1, 1969, no person shall sell or 33 offer for sale for use upon or as part of the equipment of a 34 motorcyc le an y mot orcycle windsh ield unless th e glazing mao 35 te rial used the rein is a type approved by the department. 36 SEC. 8. Section 27800 of the Vehicle Code is amend ed to 37 r ead : 38 27800. I t is unlawful for a dr iver of a motorcycle to carry 39 any other pers on there on, except on a seat securely fastened 40 to the machine in th e r ear of th e driver and provided with 41 footrests ftft4 ftaRagpips , or in a sidecar attached to a motor42 cycle and designed for the purpose of carrying a passenger. 43 SEQ. 9. Sect ion 27801 of th e Vehicle Code is r epealed. - 61 SEC. 10. Section 27801 of the Vehicle Code is added, to 2 r ead : 3 27 01. No person shall drive any two-wheel motorcycle : 4 (a ) E quipped with a seat so positioned that th e driver, 5 when sitt ing astride the seat, cannot r each the ground with his 6 f eet. 7 (b ) E quipped wit h han dlebars that are more than 15 inches 8 in height above that port ion of the seat occupie d by the rider 9 when occupie d and depressed by his weigh t. "~ 1 0 (c ) Unless he is wearing a f aceshield, goggles, or glasses. SEC. 11. Sect ion 27802 is added t o th e Vehicle Code, to "'~ 11 r ead : 1IIIIiII~ 12 13 27802. (a ) No person shall drive or be a passenger on a 14 two-wheel motorcy cle without wearing a securely fastened 15 safety helmet at all t imes th e motorcycle is being driven. 16 (b) Thir ty-six months after the date up on which regulations 17 specified in Section 27 03 become effective, th e safety helmets 18 r equired by this ect ion shall be of a. ty pe approved by the 19 department. 20 SEC. 12. Section 27803 is added to the Vehicle Code, to 21 r ead : 22 27803. (a ) The department shall adopt r easonable r egn23 lations establishing specifications and standards for the ap24 p roval of safety helmets as it dete rmi nes are necessary for the 25 protect ion of the safety of drivers and passengers . (b) No person shall sell or offer for sale any safety helmet 26 27 which is not of a type app roved by the departmen t. This sub28 division shall become operative six month s after th e da te upon 29 which th e r egulations become effective. U) ~ -. e, 1e ~, .... .... '@ ~ ~ Col ~ ~ U G