Highway Traffic Safety Laws: Personal Freedom vs. Personal Responsibility

Bob Richie, Grants Project Coordinator

Governor’s Highway Safety OfficeTennessee Department of

Transportation

Anna King Project Manager NASHIA

Susan Vaughn Public Policy Director NASHIA

History of the Motorcycle Safety Helmet Laws

1966 – Highway Safety Act establishes uniform standards for highway safety programs. Universal helmet provisions tied to federal funds.

1967 – Illinois enacts universal helmet law, but repeals it in 1969 when the State Supreme Court declares it unconstitutional.

1971 - American Bikers Aimed Toward Education (ABATE) was established to promote safety and protect the rights of bikers.

1975 – 47 states + DC had universal laws. Congress repeals universal helmet requirement after three states (CA, Ill, UT) refuse to comply.

History of the Motorcycle Safety Helmet Laws

1980 – Only 19 states + DC had universal laws. Many states repealed only the adult provision in their laws.

1990 - Senators Moynihan and Chafee called for GAO study of helmet effectiveness.

1991- GAO report concluded that helmet use reduces fatalities and injury severity; universal laws double helmet usage.

1992 – 25 states + DC had universal laws 22 states had laws applicable to young

riders 3 states had no laws

History of the Motorcycle Safety Helmet Laws

1994 – California enacts its first universal helmet law. Congress enacted the Intermodal Surface

Transportation Efficiency Act – incentive grants to states with both seat belt and universal helmet laws.

1996 – Helmet provision of the Act was repealed because little action resulted.

1997 – Arkansas became the first state in 14 years to repeal its universal helmet law. Media alerts that repeal efforts are underway in TX, PA, NC, WVA, OR, FLA, CA, KY, MI, MO, NJ, and MA

1998 – 2003 – TX, LA, KY, PA, and FLA repealed their universal helmet laws in favor of laws that cover young riders. Medical insurance/rider training compromises.

History of the Motorcycle Safety Helmet Laws

2004 – Louisiana reinstated its universal helmet law following significant increase in fatalities.

20 states + DC – universal helmet laws 26 states – age-related helmet laws 4 states – no laws (CO, IA, Ill, NH)

Sources:(1)“Evaluation of the Repeal of Motorcycle HelmetLaws in Kentucky and Louisiana”, DOT, 2003 (nhtsa.dot.gov)(2) Insurance Institute for Highway Safety, Highway Loss Data

Institute(3) ABATE

The Helmet DebateThe Helmet Debate

• Personal Freedom

• VS.

• Responsibility and Cost

Who are the combatants?

NHTSA State and Local

governments Insurance industry General consumers Responsible motorcycle

riders NASHIA Public/Private Healthcare

facilities

ABATE (American Bikers Aimed Toward Education)

Motorcycle Industry (goal to sell more bikes)

Motorcycle Safety Foundation (MSF)

Repeal Trends

Any state with Helmet law and strong ABATE group

North Carolina Tennessee Goal is to weaken if at all possible by making

it optional with certain restrictions over the age of 21 in Tennessee.

Who is ABATE?

National organization that states its goals are to educate,

ABATE (American Bikers Aimed Toward Education) of Indiana is a not-for-profit, safety, educational, charitable and advocacy motorcyclist organization. It's aims are to promote safety, protect rights and help others.

ABATE of Indiana represents approximately 20% of the registered motorcycles in Indiana, with a membership of over 27,000. ABATE has a full-time staff, 350 volunteer officers, and over 150 certified safety instructors, dedicated to serving the interests of all motorcyclists.

Are they organized? Yes!• http://www.abatelegal.com/• http://www.cmtabate.com/• http://www.abateofindiana.org/ - Sample of what is on • Abate of Indiana’s Website.

• In The News...• MRF Meeting of the Minds Overflows into Second Hotel

• MSF Pressures Idaho to Change 

• U.S. House Names Highway Bill Conferees 

• MRF Urges You To Make The Most of The Upcoming Congressional Recess!

 

ABATE in Tennessee

Our Mission: CMT/ABATE, Inc. is not a "Biker Club", but a non-profit, political organization that was formed to preserve freedom and safety for all Tennesseans who enjoy motorcycling. Our major goals are to modify existing laws that are detrimental to motorcycle safety and enjoyment, and to enact new legislation in support of all motorcyclists who ride in Tennessee. If you are concerned about preserving personal freedom and motorcycle safety,

Challenge them to importance: Public Safety or Personal freedom

What is difference in helmet laws vs. seatbelt laws – nothing, both are proven safety equipment that save lives.

Some of the ABATE 0rganization you may be up against.Don’t be fooled by appearance.

A Tribute to our Fallen Brothers and Sisters

No matter where we may travel or who we meet in this short lifetime, it is important to remember and honor those who have gone before us. These brothers and sisters have paved the way, fought selflessly and made our lives richer for having known them. Until our next ride with them....

Scott EnglishFather, Friend, Freedom Fighter, Volunteer Charter Legislative Officer

Stated bylaws and Purpose of ABATE Section 3: Objects and Purposes A. The objects and purposes of the Corporation shall be to form

a united motorcyclist’s organization both at the individual local level and at the state level. The Members of the Corporation shall dedicated to promoting fair motorcycle legislation and shall insure their freedom by working to prevent enactment of, or to repel/modify existing unfair motorcycle legislation. The Corporation’s Members shall promote motorcycling safety programs.

You must get them to demonstrate what they are spending on education vs. legislation

Get them to demonstrate what other legislation they are participating on to promote safety and reduce fatalities on the roads.

What do Legislators Hear? From Abate: 1. Votes & Election Manpower 2. Vehicle registrations -$ Revenue 3. Freedom of choice From NHTSA/Highway Safety/Medical 1. Deaths – loss of loved ones 2. Rising Medical and Insurance costs -$ 3. Enforcement problems 4. Increase in crime/bike thefts

Louisiana Repeal of the Repeal

Statistics showed that 2% of the vehicles on the road accounted for 10% of crash fatalities

From the repeal of helmet law in ’97 to 2003, deaths tripled, helmet usage plummeted, and head injuries doubled

Cost to state on healthcare costs increased from riders not keeping coverage's and insurance cancellations

Louisiana Motorcycle Fatalities as total of All Crashes

Show the legislature the truth,

Use other states data if you have a helmet law,

Figure A4f: Motorcycle Fatalities as Percent of all Motorcycles in Crashes

2.4% 2.2%

3.9% 3.7%4.2% 4.1% 4.3%

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

1997 1998 1999 2000 2001 2002 2003

Years

Per

cen

tag

e F

atal

itie

s

Louisiana Crash Helmet Usage

Demonstrated that since repeal, helmet usage went down

Increased education that Abate heralds made little impact

Figure A4e: Percent Helmet Used in Motorcycle Crashes

58%49% 47% 50%

35% 33% 36%

0%

10%

20%

30%

40%

50%

60%

70%

1997 1998 1999 2000 2001 2002 2003

Years

Per

cen

tag

e H

elm

et U

se

Louisiana Increasing Injury Count Since Repeal of Helmet Law

Figure A4c: Motorcycle Injuries

768 793 737835

1,071 1,159

1,459

0200400

600800

1,0001,200

1,4001,600

1997 1998 1999 2000 2001 2002 2003

Year

Nu

mb

er

of

Inju

ries

Louisiana Fatality Count Since Repeal

Deaths tripled Additional

education made little difference

Wisconsin spends $1.2m yearly for grants for Motorcycle safety grants

Figure A4d: Motorcycle Fatalities

21

3542

58 62 65

79

010

2030

4050

6070

8090

1997 1998 1999 2000 2001 2002 2003

Year

Nu

mb

er o

f F

atal

itie

s

Background: History of Motorcycle Helmet Laws

1966-1975: Federal Requirement 1976-1980: Sanctions Eliminated 1981-1988: Stability 1989-1994: Federal Penalties 1995-2004: Penalties eliminated

1981-1988: Period of Stability

Little change 1982: Louisiana re-enacted a universal helmet law 1983: Wyoming repealed its law

1989-1994: Sanctions Re-enacted

Gradual re-enactment of universal helmet laws

1990 GAO Study 1991: ISTEA passed

Incentive grants Transfer program effective in 1995

1995-2004:Transfer Eliminated

1995: National Highway Designation Act repealed the ISTEA transfer provision

Efforts to amend or repeal helmet laws grew 6 States repealed their universal helmet laws

2004: 19 States and DC have universal helmet laws 28 States have laws applying to only some

riders 3 States have no laws

Maryland Motorcyclist Killed 1987 – 2000 (Source: FARS)

0

10

20

30

40

50

60

70

87 88 89 90 91 92 93 94 95 96 97 98 99 00

Nu

mb

er

Kill

ed

Texas Motorcyclists Killed 1994 – 2000 (Source: FARS)

0

50

100

150

200

250

94 95 96 97 98 99 00

Nu

mb

er o

f F

atal

itie

s

Observed Helmet Use in Kentucky

0%

20%

40%

60%

80%

100%

1997 1998Pre

1998Post

1999 2000 2001

Ob

se

rve

d U

se

MC Fatal Crashes and Fatalities MC Fatal Crashes and Fatalities in Kentucky 1996-2002in Kentucky 1996-2002

(Source: FARS)(Source: FARS)

YearYear Fatal CrashesFatal Crashes Riders KilledRiders Killed

19951995 1919 1919

19961996 2222 2424

19971997 2424 2424

19981998 2626 2727

19991999 3838 4040

20002000 3535 3636

20012001 5757 5757

20022002 4242 4343

Kentucky Motorcycle Registrations Kentucky Motorcycle Registrations and Crash Rates 1996-2000and Crash Rates 1996-2000

YearYearMCsMCs

RegistereRegisteredd

MC MC KilledKilledper 10,000 per 10,000 RegisteredRegistered

MC MC InjuredInjuredper 10,000per 10,000RegisteredRegistered

19961996 36,60336,603 6.66.6 194.2194.2

19971997 38,65838,658 6.26.2 179.8179.8

19981998 39,90139,901 6.86.8 199.5199.5

19991999 41,90541,905 9.59.5 222.9222.9

20002000 44,00344,003 8.28.2 216.1216.1

Rate of MC Riders Killed Rate of MC Riders Killed in Kentucky in Kentucky (per 10,000 Registered)(per 10,000 Registered)

6.4

8.8

0

5

10

15

Two Years Before Two Years After

Fat

alit

y R

ate

SummarySummary

Motorcyclist fatalities increasedMotorcyclist fatalities increased– Over 50% in KentuckyOver 50% in Kentucky– Over 100% in LouisianaOver 100% in Louisiana

Fatality rates increasedFatality rates increased– Over 37% in KentuckyOver 37% in Kentucky– Over 75% in LouisianaOver 75% in Louisiana– (18% nationally)(18% nationally)

ConclusionConclusion

Repeal of mandatory helmet use laws Repeal of mandatory helmet use laws in Kentucky and Louisiana resulted in Kentucky and Louisiana resulted in:in:– Decreased helmet useDecreased helmet use– Increased fatalities and injuriesIncreased fatalities and injuries

TENNESSEE MOTORCYCLISTS HAVE LOWER INJURY SEVERITY, HOSPITAL DAYS vs KENTUCKY

0

5

10

15

20

25

Inj Severity Hosp Days Death %

KentuckyTN

MF HAZINSKI, RN, MSNVUMC TRAUMA CENTER, 4/2003

290 Motorcyclists > 21 yrs Hospitalized at VUMC 2000-2002

N=26

N=N=264264

COMPARISON OF HOSPITAL COMPARISON OF HOSPITAL CHARGES FOR CYCLISTS CHARGES FOR CYCLISTS FROM TENNESSEE VS FROM TENNESSEE VS KENTUCKYKENTUCKY

0

10,00020,000

30,000

40,00050,000

60,000

70,00080,000

90,000

TN--ALL-USE HELMET KY--NO HELMET > 18yrs

MF HAZINSKI, RN, MSNVUMC TRAUMA CENTER, 4/03

$54,449

$80,071

Difference = $25,622/patient

N=264

N=26

PROJECTED EFFECT OF PROJECTED EFFECT OF HELMET LAW REPEAL ON HELMET LAW REPEAL ON VUMC ANNUAL HOSPITAL VUMC ANNUAL HOSPITAL CHARGES FOR CYCLISTSCHARGES FOR CYCLISTS

0

500,0001,000,000

1,500,000

2,000,0002,500,000

3,000,000

3,500,0004,000,000

4,500,000

CURRENT REPEAL HELMETLAW FOR > 21 YR

N=65

N=90

@$28,000

@43,000

MF HAZINSKI, RN, MSNVUMC TRAUMA CENTER, 3/99

$1,820,000

$3,870,000

Maryland Motorcyclists

Represent 1% of all motor vehicles Involved in 5% of fatal motor vehicle collisions Nearly 20 times more likely to be injured or die in a

motor vehicle collision than occupants of passenger cars

Fatalities by age group

0

200

400

600

800

1000

1200

1400

1600

<2021-2930-3940-4950+

Helmet Law repeals before and after

Kentucky +58% Arkansas +29% Louisiana +108% Texas +37% Increase in fatalities comparing two years before and

after repeal At the same time, US motorcycle fatalities increased

50%, registrations increased by 12% and miles traveled increased by 5.6%

Florida +42%

What Can We do?What Can We do?

• 1. Know who is active• 2. Know which legislators are vulnerable to

the influence of ABATE• 3. Develop a spokesperson on the topic• 4. Inform the legislators as they take office

under new terms• 5. Develop a coalition of interested and

concerned organizations• 6. Organize, Organize, Organize

Thank you.Thank you.

• Presented by

• Bob Richie

• Governor’s Highway Safety Office

• Nashville, TN.

• Bob.richie@state.tn.us