Explanation To Consumer

Explanation to Consumer

Explanation to a Consumer

Reading Level: 12

The following is intended for: Individuals living in the state of California that own a motorcycle are of 18 years of age or older, and who meet specific state requirements.

Do you own a motorcycle and ever wondered if you could get away with not wearing your helmet? The safety policy of requiring a safety helmet for motorcyclists and passengers has been a big controversial issue in California since it was made law in 1992. On February 22, 2005, a new bill was introduced that, if passed, would amend the current law (section 27803 of the vehicle code) to allow riders meeting certain requirements to not wear a safety helmet. This new policy could affect the potential safety of motorcyclists throughout the state of California and could possibly continue to set the precedent in which other states could follow.

This bill, that was reviewed this past February, was introduced to the California Legislative Counsel by senators Ducheny and Morrow and was coauthored by assembly member Canciamilla. SB 969 was amended on April the 12th to read as the following:

Existing law requires a driver and any passenger to wear a safety helmet meeting certain requirements when riding on a motorcycle,

motor-driven cycle, or motorized bicycle.

This bill would exempt from this requirement a specified

driver who is 18 years of age or older and either has completed a motorcycle rider training program or has been issued a class M1 license or endorsement, or a comparable license or endorsement from another jurisdiction, for 2 years or more and has proof of current medical insurance on his or her person. The bill would also exempt from the requirement a passenger who is 18 years of age or older if the passenger has proof of current medical insurance on his or her person.

The last action taken on the bill was on April 19th in which it failed passage in committee but was granted reconsideration. Its current location is in the Senate of Transportation and Housing awaiting its next hearing. The passing of this bill and allowing only qualified individuals will still result in heavy safety concerns for motorcycle riders in the state of California.

Although this policy would only allow assumed qualified riders to have a choice in wearing a helmet, it poses many safety and medical issues with opposers. Groups such as Advocates for Highway and Auto Safety, National Highway Traffic Safety Administration (NHTSA), and the American Academy of Family Physicians (AAFP) strongly push for the enforcement of required helmet laws. According to the NHTSA, helmets reduce the risk of death by one-third and are 67 percent effective in preventing brain injuries to motorcycle riders. Also, a stat taken from smartmotorist.com states that in 1998, there were over two thousand motorcyclists who were killed on the highways and an additional 49 thousand were injured. Even with crucial evidence that helmets are saving lives of motorcyclists, proposals continue to be presented all over the nation in attempts to amend the current policy that the majority of the nation has accepted and enforced.

Currently in the US, twenty one states, including the District of Columbia, require helmet use by all motorcycle drivers