|California Law makes helmet violations "fix-it" tickets (correctable).
California Vehicle Code
Notice to Correct Violation for Specified Infractions
40303.5. Whenever any person is arrested for any of the following offenses, the arresting officer
shall permit the arrested person to execute a notice containing a promise to correct the violation in
accordance with the provisions of Section 40610 unless the arresting officer finds that any of the
disqualifying conditions specified in subdivision (b) of Section 40610 exist:
(a) Any registration infraction set forth in Division 3 (commencing with Section 4000).
(b) Any driver's license infraction set forth in Division 6 (commencing with Section 12500), and
subdivision (a) of Section 12951, relating to possession of driver's license.
(c) Section 21201, relating to bicycle equipment.
(d) Any infraction involving equipment set forth in Division 12 (commencing with Section 24000
(Where the helmet law is found.)),
Division 13 (commencing with Section 29000), Division 14.8 (commencing with Section 34500),
Division 16 (commencing with Section 36000), Division 16.5 (commencing with Section 38000), and
Division 16.7 (commencing with Section 39000).
Amended Ch. 258, Stats. 1992. Effective January 1, 1993.
Notice to Correct Violation
40610. (a) (1) Except as provided in paragraph (2), if, after an arrest, accident investigation, or other
law enforcement action, it appears that a violation has occurred involving a registration, license, all-
terrain vehicle safety certificate, or mechanical requirement of this code, and none of the disqualifying
conditions set forth in subdivision (b) exist and the investigating officer decides to take enforcement
action, the officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the
violator’s promise to correct the alleged violation and to deliver proof of correction of the violation to
the issuing agency.
(2) If any person is arrested for a violation of Section 4454, and none of the disqualifying conditions
set forth in subdivision (b) exist, the arresting officer shall prepare, in triplicate, and the violator shall
sign, a written notice containing the violator's promise to correct the alleged violation and to deliver
proof of correction of the violation to the issuing agency. In lieu of issuing a notice to correct violation
pursuant to this section, the officer may issue a notice to appear, as specified in Section 40522.
(b) Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section
or a notice to appear shall be issued as provided in Section 40522, unless the officer finds any of the
(1) Evidence of fraud or persistent neglect.
(2) The violation presents an immediate safety hazard.
(3) The violator does not agree to, or cannot, promptly correct the violation.
(c) If any of the conditions set forth in subdivision (b) exist, the procedures specified in this section or
Section 40522 are inapplicable, and the officer may take other appropriate enforcement action.
(d) Except as otherwise provided in subdivision (a), the notice to correct violation shall be on a form
approved by the Judicial Council and, in addition to the owner’s or operator’s address and identifying
information, shall contain an estimate of the reasonable time required for correction and proof of
correction of the particular defect, not to exceed 30 days, or 90 days for the all-terrain vehicle safety
Amended Sec. 27, Ch. 908, Stats. 2004. Effective January 1, 2005.
|Letter from CHP explaining it is legal to manufacture your own helmet.
|Now read these 8 pages from a Superior Court Judge, Judge Barton.
The Judges in your county should be ready to rule the same way, and for the same reasons.
|So, put it all together, and you have a law that allows you to manufacture your
own helmet for your own personal use in California, or buy a helmet. If you
make yours, you certify that it meets the standards (if you believe it does). This is
how every manufacturer's helmets get the DOT labels on the back, which makes
the helmets legal in California in the eyes of the law (and therefore must be legal
in the eyes of the officer). Make sure your helmet gets the letters, "DOT" on the
If an officer thinks your helmet is not in line with the standards (FMVSS 218) he
should not be determining that it is legal or illegal before or during the traffic stop
(in other words, he can't determine that at all. Read this. Procedure part (3)).
If you are wearing a helmet (whatever the manufacturer says is a helmet), and you
get a ticket,
it must be written by the officer as a fix-it ticket (correctable).
Take the correctable citation and any helmet to a law enforcement officer and get
the ticket signed off.
The case should be dismissed and there is a $25.00 administrative (paperwork) fee
So, the question you might ask yourself -
How will I make my helmet, and what will it look like when it's done?
Let us know what your headgear looks like after you manufacture and certify it.
Email a picture of your motorcycle safety helmet you made. We'll post it here
for others to see.
|So, after getting a ticket for violating the helmet law even though it was a self-manufactured helmet, the
arresting officer needs a complaint filed against him for violating the law, because he wrote the ticket
as 'not correctable.' California law is clear - a helmet law violation IS eligible to be correctable.
If the officer does not write the ticket as correctable, he has violated your Constitutionally protected
Right to Due Process in the 14th Amendment.