MMS Testimony In Opposition to House 2642, Senate 1726 and Senate 1749 and Any Legislation that Would Weaken the 'Motorcycle Helmet Law'

Before the Joint Committee on Transportation

The Massachusetts Medical Society wishes to be recorded in strong opposition to legislation that would weaken the Massachusetts "Motorcycle Helmet Law" (M.G.L. Chapter 90, Section 7), including House Bill 2642,  Senate Bill 1726 and Senate Bill 1749, all pending before the Committee today.  Most of these bills would repeal the statutory requirement that all motorcycle operators and passengers wear protective headgear and replace it with a requirement that only applies to those under the age of 21.  The exemptions, including training, experience and the ownership medical insurance, are no substitute for wearing a helmet.       

Physicians see the damage done to non-helmeted motorcycle accident victims every day.  The evidence that motorcycle helmets save lives and reduce health care costs is indisputable!  "The National Highway Traffic Safety Administration [NHTSA] encourages each state to have and enforce a law requiring all motorcycle operators to wear a helmet [emphasis added] . . . ."  ("Motorcycle Helmet Use Laws," NHTSA Traffic Safety Facts, DOT HS 810 726W, February 2007)  NHTSA reports that head injury is the leading cause of death in motorcycle crashes and that helmets have proven to be the best protection from head injury for motorcyclists.  The Administration further reports that a non-helmeted motorcyclist is 40 percent more likely to suffer a fatal injury (and 15 percent more likely to suffer a non-fatal injury) than a helmeted operator, and, that helmets are 67 percent effective in preventing brain injuries, one of the costliest of all disabilities. 

Recent studies document the need to maintain the helmet law.  A NHTSA-funded study showed that in the three years following the repeal of Florida's helmet law in 2000,  933 motorcyclists were killed - an 81 percent increase over the previous three-year period.  The Florida law requires helmets for riders under the age of 21, but fatalities nearly tripled in that category (and 45 percent were not wearing helmets).  In addition the costs of hospital care for those injured rose from $21 million to $ 44 million in the 30 months after the new law took effect.  This mirrored findings from Kentucky and Louisiana that showing fatalities rising by more than 50 Percent and 100 percent respectively.  Indeed, Louisiana has now gone back to requiring universal helmet use.

Therefore, we urge the Committee to report out all bills seeking to weaken the "Motorcycle Hemet Law" as "ought not to pass."

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