Federal Helmet Law - WTF?

While I always wear helmets on my motorcycles, I rarely wear the aluminum foil versions claiming government conspiracy.  I use the word “conspiracy” sparingly in life, as a lot of times it associated with the same kooks who are still eating their Y2K stash peaches and bartering with silver pieces.  But I have to say that a letter to push from a US Senator to the Governors of all fifty states is not settling well with me when they try to encroach on something I think is clearly a “States Rights” issue.  That would be a letter from Senator Lautenberg of New Jersey pushing for a Federal Helmet Law penned in September of this year.

lautenberg_letter.jpg

Let me not sugarcoat my beliefs of helmet usage:  If you do not wear a helmet while riding a motorcycle, you are DUMB…or soon will be.  That does not mean you are a jerk or arse in any way by itself, it means that if you crash and have a head impact of any sort you will likely become very familiar with a drool cup should you survive.  This article about helmet laws would not be complete without me poking fun at ABATE’s position on helmets:  HELMETS KILL.  That slogan needs no comment.  However, no matter how ill-conceived the notion that “Helmets Kill” is, ABATE and I would vote the same way given the opportunity.  All that said, I would rather deal with dumb people than dumb legislation. 

This is once again a case of the Safety Police.  I have to draw an analogy to the military phrase “mission creep” as to my concerns about “legislation creep”.  Sure, go federal on helmet laws, then what  in the name of saving ourselves…from ourselves.  Fatty foods?  We are an obese country.  Horsepower limits on transportation (of any means - 2 and 4 wheel vehicles)?  Think I’m kidding then go to a hybrid car forum and witness for yourself the some 80% that want to return to a Federal 55mph law. 

The bottom line is that the states should decide their transportation-related laws.  Here in Arizona, I do not want to be told what’s good for me by some rich clown in an east coast highrise.  No matter how good the intentions, legislation always has unintended consequences, especially at the federal level.  I cannot think of one program that has been imporved once it was nationalized.  None.

I do understand that there is an associated cost that we all pay in terms of taxes, insurance rates, usage fees, etc. for those who are injured w/o a helmet.  But a federal mandate is not the answer.  This is what I would propose:

AB’s Helmet Law: 

  • Helmets would not be required for those over eighteen years of age
  • The option to not wear a helmet can be purchased via a permit - say $200/year.
  • The collective helmetless permit revenue goes into a pool to pay for those injured w/o helmet usage.  (We currently have “high risk” auto insurance pools for those who can’t seem to be without tickets.
  • It would be a ticketable offense to be riding without a helmet without a permit.

Who knows if it would work, and who knows how it would/could be managed, but again, I have to refer to the high risk auto insurance pools.  Somehow it works.  It remove at least some of the financial burden from those of us that wear helmets and the general population altogether.  It also encourages helmet usage for the entry level riders by making it (as an example) $200 more per year to be stupid.

I don’t have all the answers.  But rest assured, neither do legislators who have never ridden a motorcycle.  What is good for their world in a bubble must be good for ours.  I would have to respectfully disagree.

 

17 Comments

AB - I like the permit idea. In an earlier post I tossed out the idea of non-helmet wearing riders being required to carry medical insurance to cover their hospital/rehab costs when they go down. The permit idea is a more simple means to the same end.

And you’re right. I live in California, and what we like here as far as laws, taxes, regulations shouldn’t have to be followed by folks in Arizona - or the other way around.

Comment by Michael in Los Angeles | November 30th, 2006 10:10 am | Permalink

AB,

Great ideas, but I don’t think the $200 permit would cover the “Insurance Risk” issue. My guess is something 5x to 10x that price to cover the fees related to brain injuries

Beyond that, you expose an issue to people to buy a $200 permit to avoid wearing there seat belt.

The mixture of freedom and public liability is a hard choice.

Comment by gothicbeaST | November 30th, 2006 9:23 pm | Permalink

What everyone is forgetting, when calculating the “cost” of helmetless riders is:

1) The ones that die cost virtually nothing.

2) The ones that require long-term care are few.

3) Many, many, many other activities have high head injury rates (horseback riding, snow skiing, skateboarding, ice skating, hang gliding), yet there is no talk of mandatory helmet laws for these groups.

5) For comparison, if this helmet law does prolong (not save) a life, what’s it cost to keep a 90 year old alive for 6 months on a respirator when they live the nice extended lifespan from over-protection in their younger years (don’t forget to add 50 years of inflation, since they’ll be living until 2050)?

The money arguement is BS because everything we do in life has an associated cost and there is no way to quantify or qualify it!

I wear a helmet 99.99% of the time, but in a “free” country, no one has the right to tell me I must.

Rhino

Comment by Anonymous | December 1st, 2006 5:17 pm | Permalink

I am sorry, but I don’t agree with all of the above.

1) The ones that die cost virtually nothing.

Asuming the following: Instant death (Low possablity) the cost would include a police investigation to determine fault of a deadly acident, Coraner investigation, Related body trasportation.
If the person does not die on contact with the ground: The cost would include the police investigation, medical attention (probably a hellicopter ride as well), ER Services, ICU Services, End of Life Care, Corner Investgation, Body Transportation.
*** Basicly “Virtually Nothing” would be Quite SOMETHING.

2) The ones that require long-term care are few

- Truth is NHTSA says there is death rate of 47 per 1000 crashes. So I think “Few” would require long term care is not true.

3) Many, many, many other activities have high head injury rates (horseback riding, snow skiing, skateboarding, ice skating, hang gliding), yet there is no talk of mandatory helmet laws for these groups.

I particpate in Paragliding. To get off the ground you are REQUIRED to wear a helmet. High Gliding has this requirement as well. Horsebak riders are strongly encourage to wear helemts. Snow skiing lost a US Senitor/Ex-Rockstar due to a head injury. Skateboarding is a place where you see most kids wearing helmets. I see mandatory helmet laws for these groups to be easy to pass and will effect them little. But for some reason some motorcyclists can’t see past “Freedom” to put on a helmet.

5) For comparison, if this helmet law does prolong (not save) a life, what’s it cost to keep a 90 year old alive for 6 months on a respirator when they live the nice extended lifespan from over-protection in their younger years (don’t forget to add 50 years of inflation, since they’ll be living until 2050)?

End of life arguments basicly support that helmet laws would allow more people to live longer. If you feel that old people are to expensive, you should suggest a National Old persons HUNTING day. Would it not be lovely to see grandma strung up and gutted like a dear so we could “Thin Out” the herd of old people.

Comment by gothicbeaST | December 1st, 2006 6:34 pm | Permalink

Gothic,

As usual, you have preverted (Old Person Hunting Day) and twisted (”Virtually Nothing” - most of these costs are assiciated with ALL deaths regardless of reason) every point I’ve made instead of considering the possibility. It sure seems hard for you to find value in anyone else perspective.

You want a free place to stay next time you make it to Miller …… FAT CHANCE.

Rhino

Comment by Anonymous | December 2nd, 2006 9:54 am | Permalink

Rhino,

First off Rhino, I have made it up to Miller once and brought my own place to stay at the track. Tooele, UT has lovely places to stay if I need a place to stay. So “Offers” that were never extended in the first place can not be “Rescinded”

In Regards to “Old Person Hunting Day”, I am tried to make an absurd reply to a concept that was based on the cost to keep someone alive on a respirator

your comment:

What everyone is forgetting, when calculating the “cost” of helmetless riders is:
1) The ones that die cost virtually nothing.
2) The ones that require long-term care are few.

I think you were not correct. The cost to care for anyone who dies in a Car or Motorcycle Accident is about the same (But removing the body from the car may cost more).
We make people wear seat belts, cars have Airbags Now, all in an effort to reduce the number of fatalities per 1000 accidents. Has all this Automotive safety equipment been a waist? Should seatbelt use be Optional? I don’t think most people would agree that seatbelt use should be “Optional”

On the point you bring up about…..

every point I’ve made instead of considering the possibility

I considered them carefully I presented NHTSA data (How ever FLAWED government data can be) to reflect my opinion your statement was not correct. I presented the fact that I Paraglide, and that helmet use in dangerous sports are common and “Mandating” them would probably not receive much resistance. Don’t accuse me of not considering the possibility that you may be correct. I searched for data and argued against your points. If you don’t like my arguments, please provide me with data that proves me wrong. I am sure ABATE has lots of data that proves me wrong.

Best part of all of this is, when I go out to the track, I can’t go out without safety gear, my bike being Tech inspected, My gear being inspected, following corner workers and the like. Lately I feel I am 10x safer on the race track then I am on the street.

Comment by gothicbeaST | December 3rd, 2006 11:59 am | Permalink

Gothic,

That’s a lot of words for someone who believes he’s right ….. methinks thou doth soapbox too much!

Rhino

Comment by Anonymous | December 3rd, 2006 11:07 pm | Permalink

Rhino,

Forgive me for responding when you make a Quasi Personal attack at me. For the Record, you never offered me a place to stay in SLC and I never asked you for one. I took that last line as not a discussion point but a personal attack.

And to be honest, In extended thought I kinda am warming up to AB’s idea of a “Buy In” fund to ride without a helmet.

Comment by gothicbeaST | December 3rd, 2006 11:13 pm | Permalink

My grandmother (rest her soul) used to separate my brother and I when we were kids under her supervision with an addage: “everyone loves apple pie”. In honor of her… ;)

INGREDIENTS

8 baking or ‘pie’ apples (Granny Smith and Macintosh work well)
1 cup sugar
1 t cinnamon
1 deep-dish vegan pie crust
3/4 cup flour
1/2 cup margarine

METHOD
Pre-heat the oven to 180C/350F.

Peel and slice the apples and place in a large bowl. In a small bowl, mix 1/2 cup of the sugar and cinnamon. Add to the apples until they are coated, then put the apples in the pie crust. Mix the remaining 1/2 cup sugar, the flour and margarine until crumbly. Add a small amount of flour in necessary until small crumbs form. Sprinkle the crumbs over the pie, covering completely.

Bake 40 minutes until slightly browned.

Comment by angrybob | December 4th, 2006 5:40 am | Permalink

AB,

I will look up a Lo-Carb version :)

Lets eat apple pie.

Comment by gothicbeaST | December 4th, 2006 7:32 am | Permalink

Gothic,

I can respect and deal with those who have opinions that are completely contrary to mine. I find it stimulates my thought process. But, what I can’t abide is liars. If you want to perceive fact as a “personal attack” then that’s your business.

Let’s deal with just the facts please: you asked for a place to stay before I ever offered:

“BTW, Can I hit you up for a place to stay in the future” (Comment number 1 from GothicbeaST on Rhino’s article “Raging Rhino Ranging back in the Rockies”).

Normally, I’m not this much of a stickler, but when someone doesn’t know when to keep his fingers quiet, it’s time for a little digital justice.

Any qualifications or further commentary will only make the hole you’ve dug deeper. (I’m counting on it)

AB - my apologies but I have limits about being called a liar when just the opposite is true.

Rhino

Comment by Anonymous | December 4th, 2006 5:25 pm | Permalink

And you’re right. I live in California, and what we like here as far as laws, taxes, regulations shouldn’t have to be followed by folks in Arizona - or the other way around.

I never speak or associate myself with anything French. Since I m holed up in Montreal, Quebec I find it appropriate to respond with:

Touché (note the authentic thingie above the letter e)

Comment by angrybob | December 4th, 2006 8:58 pm | Permalink

You win Rhino…

My mistake….

I am not to big to say I was wrong.

Comment by gothicbeaST | December 4th, 2006 9:59 pm | Permalink

This is the stuff that makes America SUCK!!!!!! Who wants to live in a “free” country that outlaws everything. I think a revolution is in order. We needs to get back to the basics and remember “Freedom”. Freedom does not mean you should regulate everyone and force them to adhear to your twisted view of the world

Comment by Someone who cares | December 5th, 2006 2:51 pm | Permalink

[…] Read more: here […]

Comment by Federal Helmet Law - WTF? :: Newstack | December 7th, 2006 5:23 am | Permalink

its a conspiracy, it is cheaper just to die when not wearing a helmet and the healthcare industry knows that. i guarantee it is cheaper for a person to die in a accident than, if the person lived because of their little helmet. they will still need to have rehab for their broken legs, and follow up treatment for the rest of their lives for their ruptured discs.

the healthcare industry wants you to stay alive so you can just slowly die and pay more $$$$ in hospital bills, if everybody just instantly died, they would go bankrupt.

Comment by Crowbar | September 27th, 2007 7:34 pm | Permalink

[…] are still left on the table as to your right to choose (pro-choice?).  The idea is similar to one I posted a while back but by a slightly different means - having some sort of fee-based permit to ride without one.  […]

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