Quoted message said:Hello-
Last weekend I got cited for not wearing a helmet up near Saratoga gap
(in the Bay area, CA).
Waterman Gap?
Quoted message said:I can and do appreciate the value of a helmet and (almost) always wear
one as I do commute by bike.
I've been looking around and have found posts that mention that the
MROSD law about helmet use is not legal based on two CVC Codes:
Where you cited for a violation of the CVC?
Most likely you were cited for a violation of the MidPen "land use
regulations.
The two you should be concerned with are:
200.2
Any person entering upon District Lands shall abide by the rules and
regulations of the District, the regulations or provisions of any sign
or posted notice, the terms and conditions of any permit, the lawful
order or other instruction of any District ranger or peace officer
appointed by the Board, the laws of the State of California, any
Federal law, and all applicable county and other local ordinances.
502.3 Helmet Violations.
a) No person eighteen years or older shall operate a bicycle or
unicycle or similar device upon District Lands unless that person is
wearing a properly fitted and fastened bicycle helmet.
Quoted message said:CVC 21212 - helmets are only required for people under 18
Here's the problem with that ... the CVC does not say that "only" those
under 18 are required. It does say that:
a) A person under 18 years of age shall not operate a
bicycle, or ride upon a bicycle as a passenger, upon a street,
bikeway, as defined in Section 890.4 of the Streets and Highways
Code, or any other public bicycle path or trail unless that person is
wearing a properly fitted and fastened bicycle helmet ...
The CVC specifically requires that those under 18 shall wear a helmet,
but it does not specifically say that those over 18 are exempt.
Quoted message said:CVC 21 - No local authority shall enact or enforce any ordinance on the
matters covered by this code unless expressly authorized herein.
And that is here your case falls apart. While the CVC requires those
under 18 to wear a helmet, it does not expressly exempt those over 18
.... so MidPen's rule is not "covered" by the CVC. Look at it this way
.... MidPen can not exempt those under 18 from wearing a helmet since
the CVC requires it. On the other hand since the CVC doen't explicitly
exempt those over 18 from wearing a helmet, then MidPen can cover it's
ass and require it.
Quoted message said:Has anyone been able to fight this ticket either by mail or in person?
There was a small faction in ROMP who was opposed to the reg when it
was passed ~ 11 years ago IIRC. After a decade of hearing the
occassional case .... you are basically screwed.
Quoted message said:Also, does anyone know what the fines are up to these days in San
Mateo?
You can always plead ignorance, and first time ... blap blap blap ...
who knows it might swing your way ... then again the reg's are usually
posted at the trail head ... so you might want to plead illiteracy.
Oh yah and join ROMP
R
