- The ARC - California Edition -

Helmets Are Still The Law

It has become an annual event, a legislative battle to repeal the state mandate to require persons riding motorcycles to wear a safety helmet.

Ever since the California all-rider helmet law took effect on January 1, 1992, motorcycle riding enthusiasts each year have searched out a legislator to author a bill to repeal the requirement for all drivers and passengers to wear safety helmets while riding motorcycles. This year the duty fell upon the shoulders of assemblymember Denise Ducheny (San Diego). She introduced AB1412 in late February.

Status of the safety helmet repeal proposal: It passed the Assembly Transportation committee by the needed 11 votes, but the bill is now dead for the year as it failed to clear the Appropriations committee before the Assembly deadline.

Those demanding a repeal have appeared to be individuals who ride motorcycles or representatives of motorcycle rider organizations. These proponents argue that helmets are not safe and increase the possibility and severity of an injury.

They also have argued that “better rider training, and a decline in the number of motorcycle riders due primarily to the helmet requirements”, are responsible for a decline in the number of motorcycle accidents and fatalities. They then proclaim that riders should have the freedom to make their own choice about wearing helmets.

Opposing this repeal effort have been representatives of a litany of organizations consisting of the state’s surgical, medical and public health professionals, and almost every group that has any interest in the prevention of brain injury and death, including Arc-California.

Using materials from California Highway Patrol reports, as well as studies by the UCLA School of Public Health, those fighting to retain the law point out that studies clearly show fatalities and the severity of head-related injuries in motorcycle accidents have declined dramatically since the enactment of the law.

Over the 4-year period before the law was implemented, the state annually averaged 600 fatalities resulting from motorcycle crashes. During the first 4-years since the law became a requirement, there have been an average of 300 fatalities per annum.

The opponents also express concern about the amount of public funding necessary to provide short- and long- term care for uninsured or under- insured injured riders.

In contributing technical support to the repeal bill’s opponents, the Trauma Foundation of San Francisco reported that the current law has resulted in about a 40% reduction of the taxpayers dollars during the first two years under the statute. These health economists found that starting in 1992 there has been a significant reduction in Medi-Cal charges for hospital treatment for injured motorcyclists, and in particular for head-injured motorcyclists.

- Peter Leibert