FINAL BILL REPORT

HB 161

                                  C 454 L 87

BYRepresentatives Fisher, Winsley, Walk, Ebersole, Jacobsen, Belcher, Holm, Valle, Cole, Brekke, Leonard, Rasmussen, Bumgarner, Ferguson, May, Grimm and Wang

Requiring motorcycle helmets.

House Committe on Transportation

Senate Committee on Transportation

SYNOPSIS AS ENACTED

BACKGROUND:

Washington's mandatory helmet law was enacted in 1967 and repealed in 1977.  Since that time there has been considerable support in the medical community for re-institution of the helmet requirement, particularly since the recent enactment of the mandatory child restraint and seat belt laws.  It is generally accepted that impact-tested helmets reduce the risk of injury in a majority of cases.

According to the Traffic Safety Commission's 1985 Traffic Collisions report, motorcycle fatal collisions decreased 7.1 percent, when compared to the previous four- year (1981-84) baseline average.  Total reported collisions, however, increased 6.5 percent and injury collisions increased 5.9 percent over the baseline average.  Motorcycle registrations decreased 4.8 percent in 1985.  The 1985 collision rate for every 100 vehicles registered was up 11.9 percent (2.95) when compared to the baseline rate of 2.64 collisions for every 100 motorcycles registered.

Eight states, including Washington, have no mandatory helmet requirement.  Nineteen states require all riders to wear helmets; 23 states have a minimum age requirement, usually under the age of 18.  The only western state that requires all riders to wear a helmet is Nevada.  California has a mandatory helmet law for riders under 15 and one-half years of age.

SUMMARY:

Washington's mandatory use of motorcycle helmets is reinstituted for motorcycle operators and passengers under the age of 18.  Helmets are required only when the motorcycle is operated upon a state highway, county road or city street.  The wearing of a helmet is not mandatory when the vehicle is operated on an off-road facility, such as private property, or an ORV trail.  The helmet must be of a type approved by the Commission on Equipment and be equipped with a neck or chin strap that is fastened when the cycle is in motion.

It is illegal to transport a child under the age of five on a motorcycle.  An attorney general's opinion concluded that transportation of a child under the age of five on a motorcycle is prohibited under the child restraint law because a motorcycle cannot be equipped with a child restraint or seat belt system.  The law states that all children less than five years of age must be in a child restraint or seat belt system when being transported by the parent or legal guardian in his or her own vehicle.

The initial motorcycle endorsement, new category and renewal fees are each increased by $2 and the increased revenues are deposited in the Motorcycle Safety Education Account.

The five-member Motorcycle Safety Education Advisory Committee is renamed a board and membership is modified.  Three members are to be active motorcycle riders or members of nonprofit motorcycle organizations, one is to be a Washington State Patrol motorcycle officer, and one is to be a member of the public.  Members are appointed by the director of the Department of Licensing (DOL) to two-year terms.

The board is to develop a voluntary motorcycle education program based on specific priorities such as public awareness, safety education, classroom and on-cycle training, and operator testing.  The board is to submit a proposed education training program to DOL and the Legislative Transportation Committee by January 1, 1988.

VOTES ON FINAL PASSAGE:

      House 69  28

      Senate    36     9(Senate amended)

      House       (House refused to concur)

Free Conference Committee

      Senate    31     9

      House 85  12

EFFECTIVE:July 26, 1987