Legal Question in Traffic Law in California

If I got a ticket for not wearing a helmet while riding a low speed electric bicycle (motorized bicycle type 2) in California, should I fight it in court?

Federal law 15 USC 2085 defines low-speed electric bikes as bicycles and are to be governed under bicycle laws (i.e. no helmet needed to ride if you're 18 or older). However california law as in ca vc 24016 requires you to wear helmets if riding a motorized bicycle as described in ca vc 406.

What I'm basically asking is whether it would be worthwhile and successful to fight this citation based on the fact that federal law trumps state law, and according to the federal law regarding low-speed electric bikes no helmet was necessary in this situation.

Asked on 4/29/13, 12:24 am

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1 Answer from Attorneys

Robert Kubler The Kubler Law Firm

"based on the fact that federal law trumps state law," Your premise is not always true; states can have laws that provide greater protections than federal law.

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Answered on 4/29/13, 11:08 am

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