Bicycle helmet laws

Overview

The problem to be addressed with regard to bicycle helmet use is should laws be passed requiring bicyclists of all ages to wear bicycle helmets?

This question comes up more now than ever before. The majority of states in the nation have laws requiring children under the age of sixteen to wear helmets. Other approaches that have been utilized to address helmet safety are programs promoting helmet use, passing out free helmets to children, etc. Again, most of these programs target children and ages sixteen and under. Some suggest that since legislation making helmet use mandatory has been passed in certain areas, the number of bicyclist on the roadways have lowered. Many states and in particular municipalities promote the go green initiative. This initiative helps explores transportation choices and one of those choices is more bicycle riding. Municipalities all over the nation are implementing bicycle lanes, bicycle lockers, more bicycle racks, etc. However, some of these same states and in particular municipalities have no laws or regulations regarding helmet use. There are numerous safety tips all over the web and occasionally on media channels that promote helmet use as a safety measure for bicyclist yet there are still states that have no laws regarding helmet use. “The National Highway Traffic Safety Administration supports the enactment of bicycle helmet use laws. Bicycle helmets offer bicyclists the best protection from head injuries resulting from bicycle crashes, and bicycle helmet laws have proved effective in increasing bicycle helmet use.”

Laws

The Bicycle Helmet Safety Institute shows that there are a total of twenty two state laws (including the District of Columbia as a “state”) and 201 local laws regarding bicycle helmet use.” “Only 13 states have no state or local helmet laws at all. (Arkansas, Colorado, Idaho, Indiana, Iowa, Minnesota, Nebraska, North Dakota, South Dakota, South Carolina, Utah, Vermont and Wyoming).” Most state laws target those under the age of 18 years of age but certain cities do require everyone to wear a helmet. Boone, NC and Black Mountain, NC are two cities that require any bicycle rider regardless of age to wear a bicycle helmet. A few examples and some statistics since the implementation of helmet laws are as follows:

• New York state reported that since the law was introduced to children under 14 years of age the brain injuries fell from 464 in 1990 to 209 in 1995.
• New Jersey reported that bicycle related fatalities fell by sixty percent in a ten year period and for riders over the age of 14 the numbers fell from 75 to 71.
• Florida reported an increase in helmet use once the law was passed by all ages from 19 percent to 47 percent, bicycle deaths fell from 5 to 1 and injuries from 325 to 105.
• The North Carolina bicycle helmet law requires persons under the age of sixteen to wear a helmet, all child passengers weighing 40 pounds or below must be carried in a separate seat and any parent who knowingly allows either of the above to occur is in violation of the law. “Violation of the law carries a $10 civil fine. The fine may be waved upon the receipt of satisfactory proof of purchase of helmet or restraining seat. This law went into effect October 1, 2001.” “The purpose of this law is to reduce the number of head-related injuries and deaths from bicycle crashes. Studies show that helmets prevent 60 percent of head injury deaths and reduce the overall risk of head injuries by 85 percent.”

"As with seat belts, child safety seats, and motorcycle helmets, enacting laws requiring the use of bicycle helmets, along with education and high-visibility enforcement, is likely to be the most promising way to increase bicycle helmet use."

History of the Helmet Standard

The use of the helmet dates back to the 1970’s. The Child Safety Protection Act of 1994 (Public Law 103-267), required the Consumer Product Safety Commission (CPSC) to develop a mandatory bicycle helmet standard.” The standard that the CPSC developed includes several requirements such as protection during impact, children’s helmets cover more of the head for children 1-5 years of age, the length of the chinstrap, stability for staying on head, and those helmets allow for peripheral vision. These requirements are essential in developing a safe helmet. Without standards and requirements such as these the use of the helmet would not be as beneficial for riders. Not only have helmets come a long way in regards to safety but the design and look of the helmet has as well. Some riders worry as much about their appearance as they do their safety if not more. Helmets are lighter, smaller and more ventilation throughout the helmet has been implemented. “Good quality helmets that meet CPSC standards are available in retail outlets for between $10-15” <REF> [4],“FACT SHEET: Bicycle Helmet Safety.” NCDOT, Division of Bicycle and Pedestrian Transportation Safety & Education, accessed on February 20, 2011. Many local law enforcement agencies, bicycle shops and non-profit organizations provide helmets for those in need of one.