Nevada Legislators Propose Risky Amendment

Steve Klearman
Attorney
(866) 735-1102 Ext 535
Posted by Steve KlearmanMarch 18, 2009 3:38 PM
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On March 11, Nevada Legislators introduced Bill A.B. 300, amending existing helmet requirements for motorcyclists. Under the new bill, motorcyclists over the age of 21, who have had their motorcycle license for at least a year, and who have completed a safety course, are no longer required to wear protective headgear while riding on highways. All motorcyclists that do not meet these criteria are still required, by law, to be protected. Passengers over the age of 21 are also no longer required to wear protective headgear.

In 2000, Florida amended a similar law enacted in 1967, removing the requirement that motorcycle riders over the age of 21 wear a helmet. Those riders over 21, however, who did not wear helmets, were required to have an additional $10,000 in medical insurance. The U.S. Department of Transportation, National Highway Traffic Safety Administration filed a report in 2005, evaluating motorcycle crashes the two years before, and the two years after the repeal of Florida's helmet requirement. Importantly, between 1997 and 1999, of the 515 motorcyclists killed in the state, 9.4% were not helmeted. Between 2001 and 2003, however, 60.8% of the 933 motorcyclists killed were not wearing a helmet. The incidence of incapacitating injury suffered while not helmeted increased from 20.8% in 1999 to 50.3% in 2001. The study also revealed that while riders under 21 were required to continue wearing helmets, actual compliance decreased after the law was changed. Similar to a trend seen in Arkansas, Texas, and Louisiana, Florida saw an increase in motorcycle registrations coincidental with the repeal of its helmet requirement.

The majority of states have partial laws similar to Florida's law and the law proposed in Nevada but it is likely that Nevada will experience trends similar to those seen in other states after the repeal of a helmet requirement. The American Motorcyclist Association is urging its members to contact their legislators to tell them to say "YES!" to A.B.300, but time will tell if the "right to ride with freedom of choice" is worth the added risk.

4 Comments

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Rider
Posted by Rider
March 18, 2009 5:45 PM

This is less the cut and dry issue some would make it out to be.
Interestingly, some of the strongest proponents of AB300 have also cited Florida's experiment in repealing its helmet law – and they say it is a huge success.
This article outlines what is a passionate issue for some.
More ...

Ricky-D
Posted by Ricky-D
March 19, 2009 10:43 AM

With the recent tragic death of Natasha Richardson from TBI I want to state my intense feelings that helmets should be mandatory for everyone, drivers and passengers, in any kind of vehicle that is moving on our highways. I can't stand hearing about all these unnecessary deaths.

Mark
Posted by Mark
March 19, 2009 11:44 AM

From experience it appears the most dramatic effect mandatory helmet laws have is to allow and encourage law enforcement officers to violate a rider's 4th and 14th Amendment Rights. In the U.S. my Right to the pursuit of happiness is supposed to supersede the government's ability to dictate how I live my life.

The actress died from a fall skiing on the beginners hill. Some people just should not ski. Some people just should not drive. Some should not ride a motorcycle.

Statistics? Don't be confused. The number of deaths PER ACCIDENT increased in California in the first year of mandatory helmets for all. That does not equal "safer."
Ricky-D, if you cant stand hearing about deaths, don't watch the news. Death is an inescapable part of life.

Warren
Posted by Warren
March 19, 2009 1:32 PM

Get the facts. Read Helmet Law Facts here: More ...

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