California Motorcycling Laws and Resources

[tcfjr]

Licensing

• For California residents, an M1 license permits operation of any motorcycle, and an M2 license permits operation of only mopeds and motorized bicycles. California accepts motorcycle endorsements from other states, Canadian provinces, and most other countries.
  The California Motorcyclist Safety Program is administered by the California Highway Patrol and the Motorcycle Safety Foundation. The Basic Ridercourse is available for all prospective riders, but is required for all new riders under age 21. Fees for the Basic Ridercourse are $250 for riders age 21 and over, and $150 for riders under age 21. (VC 2934)
  
  The skills test section of the motorcycle license exam is waived if proof of satisfactory completion of the Basic Ridercourse is provided. (VC 12804.9)
  

Insurance

• Riders must have a minimum of 15/30/5 liability coverage (VC 16056). A driver involved in an accident who fails to prove existence of financial responsibility at the time of the accident will have the driver's license suspended for one year (VC 16070).

Equipment

• Headlights: Headlights must be on at all times when the engine is running (VC 25650.5). Modulating headlights (at 200 to 280 flashes per minute) are permitted during daylight (VC 25251.2).
  Brake lights: Brake lights may flash no more than four times within the first four seconds after braking begins, and must then go solid
  
  (VC 25251.5.c).
  
  Exhaust: A muffler is required and no cut-out or bypass is permitted. The maximum sound level for motorcycles manufactured after 1985 is 80dba (VC 27202).
  
  Mirror: At least one mirror is required (VC 26709).
  
  Turn signals: Turn signals are required (VC 24951).
  
  Radar detector: there are no restrictions on the possession or use of radar detectors.
  

Riding Gear

• Helmets: a safety helmet is required for all riders and passengers at all times (VC 27803). Eye protection is not required.
  Earphones: VC 27400 states:
  
  QUOTE
  
  A person operating a motor vehicle may not wear a headset covering, or earplugs in, both ears. This prohibition does not apply to: (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 vehicle.Most opinions (including the AMA's) are that it is not legal to wear in-ear headphones in both ears. The California Highway Patrol does not seem to actively enforce this section, but local police in smaller cities may do so.
  
  Earplugs: no restrictions; see Earphones.
  

Passengers

• Age: There are no age restrictions on passengers.
  Equipment: A passenger seat and footrests are required if carrying a passenger (VC 27800).
  
  Helmets: Passengers must wear helmets at all times (VC 27803).
  

Vehicle Code

• Lane sharing: Lane sharing is not referenced in the California Vehicle Code, and since it is not explicitly prohibited, lane sharing is permitted.
  In early 2013, the California Highway Patrol formalized a set of general guidelines for lane-sharing: California Lane-Splitting General Guidelines.
  
  Also see the Links section at the end for more details on lane sharing, especially this post on the Bay Area Riders Forum.
  
  Speed: California has a "basic speed law" that states: no person shall drive a vehicle upon a highway at a speed greater than reasonable or prudent having due regard for weather, visibility, traffic, surface conditions, and the safety of persons and property (VC 22350). For example, you can be cited for speeding for driving 35mph on a roadway posted 45mph if the conditions make 35mph unsafe.
  
  Unless otherwise posted, the maximum speed on a two-lane, undivided highway is 55mph (VC 22349).
  
  Convictions for driving over 100mph are punished as follows: first conviction is fine of up to $500, possible 30 day license suspension; second conviction within three years is fine of up to $750 and a mandatory license suspension; third conviction within five years is fine of up to $1000 and mandatory license suspension (VC 22348b). (Note: the statutory fines listed are minimums, and actual amounts owed will be much greater due to assessment of court and other fees.)
  
  DUI: The BAC limit is 0.08% for drivers age 21 and older, and 0% for drivers under age 21 (VC 23152b). Penalties for refusing a BAC test are severe (VC 23577). Operators possessing a Commercial Drivers License (CDL, or truck-drivers licenses) are held to the lower limit of 0.04%, regardless of the type of vehicle they may be operating.
  
  Parking: Motorcycles parked on a roadway with a curb must have one wheel or fender touching the curb (VC 22502a)
  
  Traffic violator school: (VC 42005) Most traffic citations can be resolved by attending traffic school, at the discretion of the judge. The entire fine must still be paid, along with the fees charged by the school, but the conviction is not reported to insurance companies if the traffic school course is completed satisfactorily.
  
  Drivers may only attend traffic school once every 18 months, in most counties. Drivers holding commercial licenses are not permitted to attend traffic violator school, even if they are cited while riding a motorcycle.
  
  Traffic school is not permitted for these types of citations: leaving the scene of an injury accident; leaving the scene of a property-damage accident without providing contact information; reckless driving; juvenile offenses involving alcohol; DUI. In many California counties, the courts have a written policy that you cannot attend traffic school if you are cited for exceeding the speed limit by more than 25mph.
  
  Construction areas: Traffic fines double in active construction zones (VC 42009).
  
  Right-turn on red: are permitted unless posted otherwise (VC 21453a). Left-turns on red from a one-way street onto another one-way street are permitted unless posted or prohibited otherwise (VC 21453b). If there are two right-turn lanes (or two left-turn lanes from a one-way street onto another one-way street), turns on red are permitted from either lane.
  
  Passing: Passing on the right is permitted on multi-lane highways, and when passing a vehicle making a left turn (VC 21754).
  
  HOV lanes: Motorcycles are permitted to use HOV/carpool lanes and HOV entrance ramps (VC 21655.5b, and US Code Title 23, Section 166 (23USC166)). Some toll roads and bridges do not charge motorcycles, either at all times or during certain times of day.
  
  Reporting of traffic convictions: California is a member of the Driver's License Compact, so in most cases traffic convictions are reported to the driver's home state or province. (Only the following states are not members of the DLC: Wisconsin, Tennessee, Georgia, Massachusetts, and Michigan.)
  

Roads

• Road conditions: Road conditions for state highways and interstates are available at this website: https://www.dot.ca.gov/cgi-bin/roads.cgi, or by calling 800-427-ROAD within California or 916-445-7623 outside California.
• Motorcycling roads: These web sites list California roads of special interest to motorcyclists:
  Pashnit a $20 yearly subscription gives access to extensive information and reviews on the top motorcycling roads in the state.
• Motorcycle Roads - free site with user-written reviews
• Open Road Journey
• MotoWhere

[*]Links

• 
  California Department of Motor Vehicles (DMV), Courts, and CHP
  Motorcycle Handbook (PDF)
• California Vehicle Code
• Uniform Bail and Penalty Schedules (PDF) tells you how much that ticket will cost you.
• CHP Motorcycle Safety Video

[*]Drivers License Compact - description of this agreement between states to share data on traffic convictions, with a table of when each state entered the compact.
[*]AMA Motorcycle Laws - state-by-state listing of various laws and regulations related to on- and off-road motorcycling.
[*]Lane Sharing

• CHP FAQ
• Motorcycle Cruiser article
• Bay Area Riders Forum (BARF) post, with a review of relevant laws and their real-life application.
• Laneshare.org

[*]Road Conditions

• 
  California Department of Transportation web site, or call 800-427-ROAD within California or 916-445-7623 outside California

[*]Traffic Info

• Real-time maps of traffic conditions, from sigalert.com:
• Los Angeles County
• Orange County
• San Diego
• San Francisco Bay Area
• Sacramento

• Live traffic cameras, from the CA DOT.

Version history

• 16-Sep-2008 14:46 - Original post
• 19-Sep-2008 11:10 - Added Traffic info block to Links section; added Uniform Bail Schedule and CHP Safety Video to DMV, Courts, CHP block of the Links section.
• 22-Sep-2008 23:01 - Added VC 21655.5b reference to HOV entry.
• 24-Sep-2008 16:06 - Added laneshare.org link to Lane Share block of the Links section.
• 25-Sep-2008 13:13 - Added sentence on 'no traffic school if more then 25mph over posted limit' to Traffic School block in the Vehicle Code section, per a tip from Bugnatr.
• 03-Oct-2008 16:30 - Added CA DOT road conditions web site and phone numbers to new Road Conditions block in the Links section, per GunMD's suggestion.
• 12-Jan-2009 18:00 - Expanded Right-turn on red entry in the Vehicle Code section to include details on turning left on a red light from a one-way street onto another one-way street, and turns-on-red from either of multiple turn lanes.
• 27-Jun-2009 12:30 - Added details on brake light modulation to the Equipment section.
• 21-Feb-2013 16:40 - Updated the Lane Sharing section with details on the newly-posted CHP guidelines; updated the DUI section with details on holders of commercial drivers licenses.
• If you find an error or have a suggestion on improving this post, please send a PM to tcfjr.
  
  ***ADMIN NOTE: This thread will be edited by the author to incorporate contributions by other members. Administrators then may delete those posts to keep the thread orderly. Please confine posts to contributory and verifiable information please. ***
  

 

[Ignacio]

Thank you Brian!

This entry represents the fourth state to have a Subject Matter Expert include details specific to a state. We've also had WA, OR, and NV done by board members familiar with particulars...and I have an open invitation to somebody that can provide a similar level of detail to another state. See this thread for more details.

 

[GunMD]

tcfjr,

Great info. This link might be an nice addition to your links area.

https://www.dot.ca.gov/cgi-bin/roads.cgi

 

[motorgod]

DUI: The BAC limit is 0.08% for drivers age 21 and older, and 0% for drivers under age 21 (VC 23152b).

I need to clarify this statement. 23152(b ) is the VC section that is charged when the BAC is known and over .08%. For example; if you are arrested for DUI and submit to a blood test the results are not imediately known and you are booked under 23152(a) VC. The 'a' section states that you are under the influence of alcohol or drugs. Later, when the blood test comes back the DA adds the "(b )" charge.

"23152(b ) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle."

The under 21 section is covered under 23136VC:

23136. (a) Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other provision of law.

23140 adresses a BAC over .05%:

23140. (a) It is unlawful for a person under the age of 21 years who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

(b ) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, under the age of 21 years and under the influence of, or affected by, an alcoholic beverage regardless of whether a chemical test was made to determine that person's blood-alcohol concentration and if the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle while having a concentration of 0.05 percent or more, by

weight, of alcohol in his or her blood.

Clear as mud?

 

[Potential]

I have a question, somewhat off-topic because it's not motorcycle-specific, but what is the legality of making a left turn on red from a one-way street to another one-way street? I see people do it all the time in downtown San Diego but don't know if it's legal or not.

 

[tcfjr]

I have a question, somewhat off-topic because it's not motorcycle-specific, but what is the legality of making a left turn on red from a one-way street to another one-way street? I see people do it all the time in downtown San Diego but don't know if it's legal or not.

From the California Vehicle Code:

21453. ( B) Except when a sign is in place prohibiting a turn, a driver, after stopping as required by subdivision (a), facing a steady circular red signal, may turn right, or turn left from a one-way street onto a one-way street. A driver making that turn shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to any vehicle that has approached or is approaching so closely as to constitute an immediate hazard to the driver, and shall continue to yield the right-of-way to that vehicle until the driver can proceed with reasonable safety.

In this example from Pasadena, CA, you can make a left-turn on a red-light from northbound Hudson Ave. onto westbound Union St.

In California, when there are two lanes that can make a right turn, you can make that turn against a red light from either of the two lanes (after yielding right-of-way to on-coming traffic, etc.). If there are two left-turn lanes from a one-way street onto another one-way street, you can also make that turn from either lane against a red-light.

 

[johnny80s]

Very cool. Thanks for posting.

 

[supertankerm60a3]

I do not know how many people this applies to but it does apply to me so I will mention it.

If the person involved possesses a Commercial Drivers License (CDL) (truck drivers license) then the allowable BAC is only .04%. This is the law regardless of weather the person involved is operating a commercial vehicle at the time.

Kinda keeps me in the "one and done" category.

 

[tcfjr]

Updated first post with new information on CHP's Lane Splitting Guidelines...