California Helmet Laws for Children Riding Off-Road Dune Buggies

Wearing helmets while using any off-road vehicle, including a dune buggy, is required on all public lands in the state of California, regardless of age. This law was implemented into the California Vehicle Code in 1989, and continues to stand 22 years later in 2011. Generally, the law is not enforced for off-roading on private land.

  1. Specifics of the Law

    • Section 38505 of the California Vehicle Code explicitly states that a helmet compliant with the same regulations for motorcycle helmets must be warn at all times while operating any off-road vehicle. Off-road vehicles are defined as any motorized vehicle designed specifically for usage on trails, including but not limited to quads, motocross vehicles and dune buggies.

    The Law for Helmets on Motorcycles

    • The California state law for helmets to be worn by motorcyclists is described in section 27802 of the California Vehicle Code. The code explains that the state has established guidelines for retailers of helmets, to be sure that the equipment is safety certified. As motorcycles can only be driven by individuals 16 years of age or older, there is little "child" overlap. Helmets which match the guidelines set by the Federal Motor Vehicle Safety Standards must be worn at all times, regardless of age, while operating the motorcycle.

    Ban on OHVs modeled to youth

    • A law passed by the Consumer Product Safety Commission, the Consumer Product Safety Improvement Act of 2008, bans the sale of off highway vehicles (OHVs) tailored specifically to children. Enforcement of the law has been stayed, or temporarily halted, through May 2011, when it will again go into effect. This law has caused a significant uproar in the OHV community, especially among vendors, who believe their rights are being violated and their businesses compromised.

    Related laws governing the use of OHVs by minors

    • The California Vehicle Code also states, in section 38503, that no minor can operate an off-road vehicle until they have obtained safety certification within California, or an appropriate equivalent in another state. If a minor is under the direct supervision of an adult who has safety certification (i.e., an adult is riding with the minor at all times), the minor is permitted to drive.