Bianco

Bianco v. California Highway Patrol

Good Law
1994 Cal. App. LEXIS 438·24 Cal. App. 4th 1113·29 Cal. Rptr. 2d 711·94 Daily Journal DAR 6038·94 Cal. Daily Op. Serv. 3193
Court of Appeal of CaliforniaMay 3, 1994D019372California3,568 words

Opinion

Opinion

Todd, J.

Steven W. Bianco, in propria persona, appeals from the denial of his second amended petition for writ of mandate in which he challenged (1) generally, the authority of the California Highway Patrol (CHP) to determine which motorcycle helmets are approved and unapproved under the state’s mandatory helmet law (Veh. Code, §§ 27802 and 27803) and (2) specifically, a bulletin issued by the CHP that stated the “beanie” helmet manufactured by E & R Fiberglass, Inc., of Tacoma, Washington, (E & R Fiberglass), failed to meet minimum standards as required by section 27802. Bianco contends the trial court made numerous errors in its findings of facts and there was no basis for denying his cross-complaint for injunctive and declaratory relief.

Facts

California’s mandatory motorcycle helmet law (§§ 27802 and 27803) went into effect on January 1, 1992. Section 27803, as amended in 1991, provides:

Section 27802 provides:

In his verified second amended petition for writ of mandate, Bianco alleges that he purchased a helmet manufactured by E & R Fiberglass with the intent to comply with the helmet law. The helmet bore a United States Department of Transportation (DOT)…

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