A bill has passed the California Senate exempting people wearing religious or cultural headdresses such as turbans and patrols from wearing helmets while riding motorcycles.
Introduced by Senator Brian Dahl (R-Bieber) invoicesaid he was approached by bikers from the Sikh community who wanted to be able to practice their religious beliefs while riding motorcycles. There are no helmets that can be fitted with headdresses.
“They want to be able to practice their faith without discrimination. The constitution allows us to do that,” Mr Dale said on Friday.
About 211,000 Sikhs live in California, nearly half of the nation’s entire community, according to the latest U.S. Census data.
The bill passed the state Senate on Wednesday and is now on its way to Congress.
Eighteen states, including California, have since adopted universal helmet laws. Federal safety penalties were abolished in 1995.
The California Highway Patrol enforces a universal helmet law that carries fines of up to $250 or one year of probation for violators. Dale said the rule doesn’t intentionally discriminate against religion, but it does limit how certain communities can participate in the practice.
“The turban I’m wearing is about seven meters long. It’s more than just a head covering,” said a member of the Sikh community. said at a Senate committee hearing.. “We can’t ride our bikes, we can’t practice our religion.”
According to the orthodox Sikh code of conduct, the Sikh Rehat Mariada, men wear turbans as a symbol of humility, and children wear patkas (cloth head coverings fastened with cords). .
“They’re not asking for waivers just because they don’t want to wear helmets,” Dale said. “It’s very personal to them and their faith.”
The Southern California Automobile Club opposes the bill, citing concerns that it would undermine the state’s universal motorcycle helmet law.
“The auto club supports the helmet law because it saves lives and reduces serious injuries in traffic accidents involving motorcycles,” a spokesperson said in an emailed statement. “Everyone has the right to self-expression, including when riding a motorcycle or other form of transportation, but rider safety should always be a priority.”
More than 5,500 motorcyclists died in 2020 and more than 180,000 were injured in motorbike accidents. according to US Centers for Disease Control and Prevention.
Helmets were found to reduce the risk of head injuries in a crash by 69%.
The California State Legislature, Association of County Health Executives, also opposes Dale’s bill, Senate Bill 847.
“CHEAC understands that the wearing of turbans and patokas is a very important religious expression, and rather than undermine existing helmet laws and jeopardize the safety of riders, the We encourage innovation and fairness in the design of helmets to accommodate,” said Association Executive Michelle Gibbons. The director wrote in an email.
Dahle acknowledged concerns about road safety and said the bill’s focus was freedom of religious expression, although motorcycles generally offered little protection.
“This is an opportunity to give them freedom of religion and allow them to live the American Dream and ride a motorcycle without having to wear a helmet without a turban,” Dale said.
He said his office is looking at ways to distinguish which motorcycles are eligible for the exemption, such as a mark on a driver’s license or a check box on a driver’s application form.
Sikhs and other groups are not exempt from helmet laws in other states because of their religious practices, according to an analysis of the bill. Several Canadian provinces, including Alberta, British Columbia, Manitoba and Ontario, exempt Sikhs from helmet laws. Exemptions are also granted in the UK and India.
