Are We Heading to A Mandatory National Helmet Law?

Victory Cross Country

The head of the National Highway Traffic Safety Administration (NHTSA) told a congressional panel on Sept. 28 that he wants to work with Congress to promote helmet use among motorcyclists across the United States.

Addressing the U.S. Senate Subcommittee on Consumer Protection, Product Safety and Insurance, NHTSA Administrator David Strickland said that to reduce motorcycling fatalities "the most important step we could take would be to assure that all riders wear a DOT-compliant helmet, which are 37 percent effective in reducing fatalities.

"We estimate that helmets prevented over 1,800 fatalities in 2008, and that more than 800 additional fatalities could have been avoided if all riders wore helmets," he said. "NHTSA will actively work with Congress to promote helmet use.”

Strickland's comments were part of his overall testimony regarding how safety provisions in the transportation reauthorization bill (SAFETEA-LU) played a role in reducing highway fatalities.

The American Motorcyclist Association (AMA) is concerned that Strickland may be recommending that Congress try to pressure states into passing mandatory helmet-use laws. In the past, Congress tried to force states to approve such laws by withholding federal transportation and safety dollars to states without mandatory helmet laws.

The AMA supports states' rights to determine their helmet policies free from the threat of federal sanctions. Congress affirmed this right as recently as 1995 in the National Highway System Act, when lawmakers removed federal penalties placed on states that didn't have mandatory helmet laws.

“The AMA believes that the best way for the NHTSA to reduce motorcycle crashes is through programs such as rider education and increasing motorcycle awareness among vehicle drivers,” said Ed Moreland, AMA senior vice president for government relations. “These programs would help reduce the likelihood that a crash will happen in the first place.”

In addition, said Moreland, motorcyclists would be much better served by applying any funding that may go toward requiring motorcyclists to wear helmets to the national motorcycle crash causation study that is currently under way at Oklahoma State University.

This is a sentiment supported by U.S. Rep. Jim Sensenbrenner (R-Wis.) and many of his congressional colleagues through recently introduced H. Res. 1498: Supporting Efforts to Retain the Ban on the National Highway Traffic Safety Administration's (NHTSA) Ability to Lobby State Legislators Using Federal Tax Dollars and Urging the NHTSA to Focus on Crash Prevention and Rider Education and Training.

To urge your U.S. representative to support H. Res. 1498, and to ask your U.S. Senators to prevent the NHTSA from focusing on federal helmet-mandate legislation and, instead, employ proven strategies to reduce motorcycle crashes from occurring in the first place, go to AmericanMotorcyclist.com > Rights >  Issues & Legislation, then enter your zip code in the "Find your Officials" box.

Web Staff


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  6. What happend to rights,land of the free?We should be able to make our own choices,no the goverment has too.I live in Ohio and we have no helmet laws,except if you are under 18 and in your first year riding.I think this is more about getting more money to the states in fines.I do where a helmet 90 percent of the time but I do like having the freedom to not wear a helmet. Is the USA still free?

  7. I always wear a helmet although there was a time before it became a law in California that I didn't. I would not go without one now. I have seen to many bad accidents where helmets saved lives. Many bikers are against helmet laws because they say it violates freedom of choice and I would normally agree with having freedom of choice.

    The problem is that driving is a privilege, not a right and these laws save lives and it is the 'RIGHT' of those that oversee highway safety and administration to pass a law like this, whether some like it or some don't. What I think is a real tragedy is the ones who flaunt existing helmet laws by wearing those thin hollow shells on their heads which are not legal helmets at all. I don't care how many fake DOT Stickers they put on them. Hundreds of head injury related deaths can be attributed to these cheap helmets.

    If we have to wear helmets, why don't the enforce the existing laws and ticket those that are wearing those types of helmets. They are neither DOT nor SNELL approved helmets. Also I think that the DOT standards are to lax and I will only buy a helmet that is SNELL tested. The safety standards are much higher.

  8. I personally like to wear a helmet. But, there should be no law saying I HAVE to wear a helmet. Let those who ride decide!

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