SENATE BILL REPORT

EHB 161

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

Senate Hearing Date(s):March 26, 1987; March 31, 1987

Majority Report:  Do pass as amended.

      Signed by Senators Hansen, Vice Chairman; Tanner, Vice Chairman; Barr, Bender, Conner, DeJarnatt, Patterson, Smitherman; von Reichbauer.

Senate Staff:Cathy Mayo (786-7304)

                  April 3, 1987

AS REPORTED BY COMMITTEE ON TRANSPORTATION, MARCH 31, 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Washington's mandatory helmet law was enacted in 1967 and repealed in 1977.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 reinstitution 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 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; 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.

SUMMARY OF PROPOSED SENATE AMENDMENTS:

No one under age 12 may operate or ride on a motorcycle or motor-driven cycle on any public road without wearing a helmet of a type approved by the Washington Traffic Safety Commission.

The maximum fee charged for the initial motorcycle driver's examination is raised from $4 to $6.

The list of public and private entities that the Director is allowed to contract with to conduct motorcycle training programs is set forth as follows:  a vocational-technical institute, school district, community college, college, university, county, city, or town, in addition to the public and private entities currently involved.

The Motorcycle Advisory Committee is renamed the Motorcycle Advisory Board.  Three of the Board members shall be members of nonprofit motorcycle organizations which actively support safety programs; one State Patrol motorcycle officer; and one member of the public.  The term of appointment shall be two years.  The Board shall meet at least twice annually and not less than five times during its term of appointment.

The Board shall submit a motorcycle operator training and education to the Director of the Department of Licensing for review and the Legislative Transportation Committee for review and approval.  The Director shall administer the program submitted by the Board pending legislative approval.

Program goals shall be prioritized as follows:  (a) public awareness of motorcycle safety; and (b) motorcycle safety education in a vocational-technical institute, educational service district, school district, community college, college, university, county, city, town, and other public and private educational program.

Fiscal Note:      none requested

Senate Committee - Testified: Representative Ruth Fisher, prime sponsor; Senator Joe Tanner; Captain Dick Jensen, Washington State Patrol; Charles Hayes, Washington Traffic Safety Commission; Dr. Mike Copes, Harborview Hospital; Dr. Abe Bergman, Washington State Medical Association and Harborview Hospital; Robin Torner, ABATE: Bob Illingsworth, Motorcycle Rights Foundation; Jim Beinsberg, American Motorcycle Association