Opinion No. (1998)

DANIEL E. LUNGREN Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE HONORABLE ABEL MALDONADO, MEMBER OF THE CALIFORNIA STATE ASSEMBLY, has requested an opinion on the following question: Is a person whose employment requires that he operate a motorcycle and whose medical condition makes the wearing of a safety helmet a physical and functional hazard exempt from wearing a safety helmet while operating a motorcycle for work-related purposes? CONCLUSION A person whose employment requires that he operate a motorcycle and whose medical condition makes the wearing of a safety helmet a physical and functional hazard is not exempt from wearing a safety helmet while operating a motorcycle for work-related purposes. ANALYSIS In 1984, the Legislature adopted a mandatory motorcycle helmet law. (Stats. 1984, ch. 987, § 1.) Vehicle Code section 27803 1 provides in part: "(a) A driver and any passenger shall wear a safety helmet meeting requirements established pursuant to Section 27802 when riding on a motorcycle, motor-driven cycle, or motorized bicycle. "(b) It is unlawful to operate a motorcycle, motor-driven cycle, or motorized bicycle if the driver or any passenger is…