“Federal officials push for mandatory helmet laws” |
| Federal officials push for mandatory helmet laws Posted: 02 Dec 2010 07:36 PM PST Officials with the National Transportation Safety Board last month pushed for mandatory helmet laws for all motorcycle riders in the nation. The independent federal agency charged with determining the probable cause of transportation accidents, added motorcycle helmets to its list of most-wanted transportation improvements. Officials said they hope to impress the need for tighter regulation upon state governments, which now have jurisdiction when it comes to helmet laws. But reaction from locally involved motorcyclists questioned whether government involvement is needed or appropriate. Ron Andrews, president of the Golden Aspen Motorcycle Rally that draws thousands of tourists to Ruidoso each September, warned that past history shows once the government pokes its fingers into an issue, costs go up. "As a long-time motorcycle rider, I almost never ride without a helmet, but that's my personal choice," Andrews said Tuesday. "I've had two motorcycle wrecks in my life and managed to survive both, because I had a helmet on. But as far as the government forcing me to ride with a helmet, that usually means helmets will become more expensive because as with everything the government becomes involved in, the helmets then will have to pass wonderful tests. There are some great manufacturers out there that don't produce enough to send to the government for testing. I'm talking about some used by NASCAR. "As far as I can tell working with the National Motorcycle Association, the costs associated with caring for those suffering head injuries from motorcycle accidents are bogus. As with so many other statistics by the American Medical Association, they are twisted to say what they wanted them to say."New Mexico's state statute on motorcycle helmets states that, "No person under the age of eighteen shall operate a motorcycle unless he is wearing a safety helmet securely fastened on his head in a normal manner as headgear and meeting the standards specified by the director... No person shall carry any passenger under the age of eighteen on any motorcycle unless the passenger is wearing a securely fastened safety helmet..." Under the chapter dealing with standards, the law states, "The director shall adopt rules and regulations establishing standards covering the types of helmets and the specifications therefore and shall establish and maintain a list of approved helmets meeting the standards and specifications of the director. . . ." Last year, for the first time in 11 years, motorcycle deaths dropped more than 10 percent, which some analysts attributed to the sluggish economy. But many motorcyclists contend the drop shows tougher laws are not needed. Ron Burkett, state coordinator for a veterans motorcycle group, said he never wears a helmet, but his wife does. "I believe there was a federal law several years ago in the 1990s and was overturned," he said. "I can't believe anyone seriously is considering revisiting that." He doesn't wear a helmet, but his wife does when she rides. "I think wearing all that suit of armor stuff gives you a false sense of security," Burkett said. "When you have some sense of vulnerability, you're more careful, but I'm 67, not 21. "When there's an accident, the first thing asked is was the person wearing a helmet. It should be how old was he and what kind of bike. Someone 60 on a Harley won't have nearly the incidents of a youth on a sports bike. Really, it is a matter of opinion." The emphasis should be on teaching and observing the tenants of defensive driving, he said. An option has been floated about allowing non-helmet users to ride without being harassed, if they sign up to be organ donors. Burkett said he's only heard that proposal in the form of a joke about helmets being advocated to keep accident victims alive long enough to harvest vital organs for transplants. He doesn't consider the option as serious, only as black humor, he said. According to information from the Insurance Institute for Highway Safety, in 1967, the federal government began requiring states to enact motorcycle helmet use laws to qualify for certain federal safety program and highway construction funds. Forty states enacted universal helmet use laws that went into effect by the end of 1969. By 1975, all but three states mandated helmets for all motorcyclists. "As the US Department of Transportation moved in 1976 to assess financial penalties on states without helmet laws, Congress responded to state pressure by revoking federal authority to assess penalties for noncompliance. Between 1976 and 1978, 20 states weakened their helmet laws to apply only to young riders. Eight states repeal-ed helmet use requirements for all motorcyclists. "In the 1980s and early 1990s, several states reinstated helmet laws applying to all riders. In the 1991 Intermodal Surface Transportation Efficiency Act, Congress created incentives for states to enact helmet use and safety belt use laws. States with both laws were eligible for special safety grants, but states that had not enacted them by October 1993 had up to 3 percent of their federal highway allotment redirected to highway safety programs. "Four years after establishing the incentives, Congress again reversed itself. In the fall of 1995, Congress lifted federal sanctions against states without helmet use laws, paving the way for state legislatures to repeal helmet laws. In 1997, helmet laws in Texas and Arkansas were weakened to apply only to younger riders. Kentucky weakened its law in 1998, Louisiana weakened its law in 1999 only to reinstate universal coverage in 2004, Florida weakened its law in 2000, and Pennsylvania weakened its law in 2003. Now 20 states and the District of Columbia have helmet laws covering all riders, and 27 states have laws covering some riders, usually people younger than 18. Illinois, Iowa, and New Hampshire do not have helmet laws." Quoted in USA Today, James Reichenbach II, state president of ABATE. a motorcycle rights organization based in Florida, complained the new listing was another example of the NTSB interfering with jurisdiction that belong to states. The group successfully lobbied for the repeal of Florida's helmet law in 2000. Motorcyclists who are at least 21 and carry $10,000 of medical insurance, are not required to wear helmets in that state. The NTSB lists head injuries as the leading cause of death in the 12 fatal motorcycle accidents that occur each day. Motorcycles account for 3 percent of registered road vehicles, but are involved in 13 percent of traffic fatalities, according to the NTSB. Helmets that meet federal Department of Transportation regulations are 37 percent effective in preventing motorcycle fatalities, statistics show. Milton Chestnut, a Tularosa motorcycle enthusiast, said in his view, the government already is too involved. "People who climb on a motorcycle know the risk," he said. "If they want to wear a helmet fine, if they don't, fine. I don't think there should be a law. Insurance companies could regulate use by saying they won't pay insurance benefits without helmet use. "Sometimes I wear a helmet, other times not. Some riders are adamantly against them for some reasons and some wouldn't ride without a helmet. It should be up to the individual. Let them assume the risk and responsibility." Chestnut said he has no problem with New Mexico's law requiring helmets for riders under 18. "I think younger individuals, not of legal age, should be required to wear all the safety gear," he said. "They may just be learning to ride. But take people who are 30, 40 or 60 years old, and they know the risk and know what they are undertaking. It's their choice." As for offering helmet opponents the option of signing up to become organ donors, he said, "I think that's pretty ridiculous. A lot of people are out there riding motorcycles with medical conditions that wouldn't allow the use of their organs anywhere. I would leave that as a joke." 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