Helmet Law Modification for California

Please vote "AYE" for SB 969 (Ducheny, Morrow) a common sense bill to modify California's mandatory motorcycle helmet requirement.

The mandatory helmet requirement for all riders was originally passed in 1991 by only a single vote. Before it was actually signed into law by Governor Pete Wilson, a front page article in the San Jose Mercury News exposed the fact that Assemblyman Dick Floyd, author of the bill, had lied to his fellow legislators by claiming medical cost savings that were fraudulent. The Governor chose to sign the legislation into law rather than send it back for further debate. After the fraud was exposed, Dick Floyd was never censured or prosecuted for his actions, though his constituents did vote him out of office in the next election.

Before the mandatory helmet law went into effect in 1992 the fatality rate per 100 accidents was 3.22. Today, with virtually 100\% compliance, the fatality rate is 3.84. If helmets were effective in reducing fatalities and injuries this rate would be markedly lower instead of slightly higher. No matter how you slice it, mandatory helmet use has proven ineffective in saving lives.

What has proven effective is preventing accidents in the first place. Increased rider training and experience will reduce the total number of injuries and fatalities much more effectively by reducing the number of accidents. Since the majority of motorcycle accidents are caused by right-of-way violations on the part of other road users, making them more aware of motorcyclists will also greatly reduce the number of accidents.

Within the first 5 years after the mandatory helmet law was introduced, the number of motorcycle registrations in California dropped by almost 40\%, from 639,388 to 391,080. These figures indicate a significant economic loss in direct correlation with enactment of the law in January of 1992. In addition, California's motorcycle & accessory sales figures have not kept pace with the rest of the nation, which has recorded 12 straight years of record sales. Today there are still far fewer motorcycles registered in California than there were in 1991, despite a 20\% growth in the general population.

31 other states have recognized the ineffectiveness of helmets in reducing fatalities and have either no mandatory helmet requirement or allow adults the right to choose. No doubt these states have also recognized the considerable economic benefit that motorcyclists bring through tourism as well as the associated sales of motorcycles and related products.

Senate Bill 969 would modify the misguided mandatory helmet law to allow adult riders the right to choose whether to wear a helmet or not if they are over 18 and have either:

1.) Completed a motorcycle rider training program such as the California Motorcyclist Safety Program (CMSP), or
2.) Have two years or more of riding experience with a California Class M1 license endorsement, or similar endorsement from another jurisdiction.