The Florida Helmet Law Re-visited
Wednesday, 22 February 2006

Recently, I have been hearing talk on the media about another helmet reform in Florida. This initial report was viewed on Bay 9 News on January 16th, 2006.

I have decided I would do a little research concerning this issue and attempt to make an comprehensible interpretation of all the data (mumbo Jumbo) I encounter. At the end of this article, there will be a survey that readers are welcome to participate in.

The Current Helmet Law

"On July 1, 2000, Florida repealed the legal requirement that all motorcyclists wear protective helmets. Instead, state law now requires helmet use only by riders under the age of 21, or by older riders who do not have a minimum of $10,000 medical insurance coverage" (NHTSA; http://www.nhtsa.dot.gov/people/injury/pedbimot/motorcycle/FlaMCReport/pages/lawchange.htm)

Current Concerns

There has been increased concerns about the numbers of riders that have died in crashes after the 2000 repeal. The statistics were gathered by various research groups for the National Highway Traffic Safety Administration (NHTSA).

"A post law change survey, done in 2002, (Turner and Hagelin, 2004) found 47 percent compliant helmet use, 6 percent noncompliant helmet use and 47 percent no helmet use. These results indicate that use of compliant helmets has declined following the law change while wearing noncompliant helmets has largely been abandoned."

There are other factors beyond not wearing a helmet for increased serious injury and deaths caused by crashes. Though most of the data I had gathered illustrated a cross-section of riders who did and did not "choose" to wear a helmet, I will use some personal observations I have made.

Everyone is aware that in Florida, it is more likely to ride anytime of the year. This is especially true during the winter months, when there is increase traffic due to the influx of "Snow birds" that swarm the state, particularly the coastal areas. In all the statistical data I found, there were no references to seasonal changes in traffic. In these seasonal changes of traffic, there are motorists who are semi-aware of their surroundings on the road because they are new to the area. This increases the risks for the avid biker who rides on a daily basis on these roads.

Another observation I have witnessed at bike rallies or bike nights, that some bikers will peel out of a place with no helmet and inebriated. Is it possible that these are the people that feed the negative statistics?

Safety first

What can we do as motorcycle riders to advocate better awareness on both sides of the motoring public? There are organizations like ABATE that advocate Their mission is to lobby and educate the government and the general public to promote motorcycling in a safe and positive image. They feel that the government infringes upon our "rider rights" as they move legislation that non-riding government officials feel will benefit us.

"Now, state highway safety officials are proposing legislation that would require all new motorcyclists to take safety courses. Right now, only bikers under the age of 21 must take the course." (Bay News 9; http://www.baynews9.com/content/36/2006/1/16/139453.html)

While there is proposed legislation for safety courses, new car drivers should be educated and made aware of motorcyclists that share the roads with them. This is especially because of the increase in number of riders over recent years.

The Insidious Side

While the statistics show an increase in crashes and deaths due to the helmet law, there is another issue to cause you to ponder. There a thoughts that the reason for the helmet repeal was to release the state from incurring hospital costs due to the inability to pay by the injured rider. So the main idea of the legislation was, it is more likely for a rider to die due to head injury if they choose not wear a helmet, relieving the state of any financial burdens.

What about the survivors who don't have insurance? Will Florida state tax payers have to bare the burden? Will Florida state legislation require all riders to carry liability insurance like some other states? These are the uncertainties that may lead to an open can of worms.

Conclusion

The list of "pros" and "cons" can be lengthy concerning this legislature. Whether you wear a helmet or not, safety should be the main focus of the rider. This of course, depends on the general attitude of the rider. You can educate the riders about the general safety but it still depends on the individual attitude and views of the rider to decide their latitude of safety.

If you are interested in downloading the PDF file that outlines the new repeal in its entirety you can DOWNLOAD IT HERE.

Below is the list of the sites used in my research:

  1. Florida's Helmet Law - Recent History
  2. The 2005 Florida Statutes - Title XXIII - MOTOR VEHICLES Chapter 316 - STATE UNIFORM TRAFFIC CONTROL
    316.211 Equipment for motorcycle and moped riders.--
  3. Riding without a helmet?
    St. Petersburg Times, published May 21, 2000

    An article listing the arguments for and against mandatory helmet wearing.
  4. HELMET USE LAWS as of July 2003 - Information Provided By: Insurance Institute for Highway Safety
    A list/Matrix of all the states and their current helmet laws for motorcycles and Bicycles
  5. Bikers Rights Online: A website dedicated to Bikers Rights, Helmet Laws, Motorcycles, Freedom Fighter Issues
  6. ABATE Of Florida
  7. Motorcycle helmet law a no-brainer -- to both sides
    By Barry Millman
  8. Motorcycle Safety News
    August 9th, 2005

    "Florida motorcycle fatalities increase after helmet law is repealed"
  9. The Auto Channel: More Florida Motorcycle Riders Killed Since Repeal of Helmet Law
  10. IV. EFFECTS OF THE LAW CHANGE IN FLORIDA

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Last Updated ( Thursday, 26 October 2006 )