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subject: A Study On Motorcycle Headgears Laws [print this page]


Since July 2000, motorcycle riders have not had to adhere to a universal helmet law, requiring all riders, irrespective of age, to put on a helmet when operating their motorbikes. Today, Florida helmet laws and regulations stipulate that riders over the age of 21 who have a minimum of $10,000 in health coverage can lawfully ride their motorbikes without wearing a helmet, a move that was regarded as a victory by several riders disappointed with universal helmet laws that were in effect until that period.

Regardless of whether the move implies a clear victory or not is a matter of interpretation. While riders can enjoy the road unencumbered by motorcycle helmets which are usually heavy and hot, a report by the Florida Department of Transportation indicates that motorcycle injuries and even fatalities have gone up following repeal of the universal laws, forcing certain state authorities to revisit the law.

The discussion over universal helmet laws is not confined to Florida. Throughout the nation, universal helmet conditions have met with active opposition, and lately, many state governments have eradicated universal helmet regulations completely, while other enforce certain age or insurance guidelines which govern who must put on a helmet, and who can choose to not wear a helmet.

Before 1966, there were no motorcycle helmet laws in any state. But the Highway Safety Act of that same year put an end to that, demanding the establishment of uniform safety programs for bikers across the country. Under this act, all countries were instructed to develop and implement laws and regulations which mandated the use of helmets by all motorbike riders. Countries that turned down to enact such legal guidelines faced losing s portion of federal highway construction funds.

In 1975, with fees and penalties pending against three states, Congress reconsidered the Highway Safety Act, and eradicated the helmet law mandate, as well as disallowing a suspension of federal funds from states without universal helmet laws. The result: by 1978, 25 states had repealed their laws, or amended them to incorporate only certain groups, mostly people under the age of 18.

The 1980s was, overall, a period of stasis for helmet regulations. However in the late 1980s and 1990s, many nations started reenacting helmet laws in an effort to decrease injuries and deaths, and reduce insurance and medical expenses. In 1989, Oregon and Texas yet again implemented universal helmet regulations, and Washington and Maryland followed suit in 1990 and 1992. Even California, that had never before enforced a helmet law, passed a universal helmet law in 1992 after much hype. Florida also passed a helmet law, however in 1996 as noted, the law was amended to include only riders under 21 and those without adequate insurance coverage.

The repeal immediately noticed a marked change in helmet use in the country. As observational helmet use survey conducted by the state DOT in 1998 shown 99.5 percent of motorbike riders wore helmets. A similar survey conducted in 2002, two years after the repeal of the universal helmet law, indicated that rate had dropped to 52.7 percent.

Another study conducted by the Florida DOT also revealed that although the overall number of crashes lowered during the 18-month period after the law was repealed as compared to the 19-month period prior to repeal, deadly crashes among the state's motorbike riders elevated by approximately 43 percent after Florida helmet laws were amended, from 284 fatalities in the 18-month period before repeal, to 404 deaths in the 18-month period after repeal. Non-fatal injuries increased by about 16 percent in the same period. Even the numbers of under-age riders increased after repeal of the law, from 7 percent to 11 percent.

by: Gorin Amark




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