HOUSE BILL REPORT

SB 5052

As Amended by the House

BYSenators Rasmussen and Wojahn

Requiring protective measures for child passengers on motorcycles.

House Committe on Transportation

Majority Report:  Do pass with amendments.  (19)

      Signed by Representatives Walk, Chair; Betrozoff, Brough, Cantwell, Cooper, Day, Doty, Fisher, Gallagher, Heavey, Kremen, Schmidt, C. Smith, D. Sommers, Spanel, Sutherland, Todd, J. Williams and Zellinsky.

House Staff:Mary McLaughlin (786-7309)

AS PASSED HOUSE APRIL 9, 1987

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Washington's mandatory helmet law was enacted in 1967 and repealed in 1977.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 Traffic Safety Commission's 1985 Traffic Collisions report, motorcycle fatal collisions decreased 7.1 percent, when compared to the previous 4- 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; twenty-three states have a minimum age requirement (usually under the age of eighteen).  The only western state that requires all riders to wear a helmet is Nevada.  California has a mandatory helmet law for riders under 15-1/2 years of age.

SUMMARY:

Washington's mandatory use of motorcycle helmets is reinstituted for motorcycle operators and passengers.  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 a off-road facility (private property, ORV trail, etc.).

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/her own vehicle.)

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.  A person renting a motorcycle must have an approved helmet in his or her possession, regardless from whom the helmet was obtained.

Fiscal Note:      Requested March 31, 1987.

House Committee ‑ Testified For:    Robin Torner, ABATE.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Education through public awareness will increase motorcycle safety.

House Committee - Testimony Against:      None Presented.