Bill to repeal helmet law debated in Assembly - again

Kiley Russell

Wednesday, April 7, 1999 | 9:54 a.m.

CARSON CITY - Assemblyman Don Gustavson, unable to get Nevada's motorcycle helmet law repealed in 1997, is trying again by telling legislators to give motorcyclists more "freedom of choice."

Gustavson's AB201 would eliminate Nevada's current law that requires anyone riding a motorcycle to wear a helmet while on the road.

"This issue here is mainly about freedom of choice. Our government over the years has taken away more and more freedoms away from us," Gustavson told the Assembly Transportation Committee on Tuesday.

Unlike in 1997, Gustavson, R-Sun Valley, now wants to simply remove the requirement that riders wear helmets if they're over age 16. Two years ago, Gustavson's bill removed the helmet-wearing requirement only for those over 21 with at least one year of riding experience. That bill passed the Assembly, but died in the Senate.

This time around state and national health and safety officials say the bill would lead to more fatalities and serious injuries and cost taxpayers millions in medical costs for underinsured riders.

"It's like saying 'Don't bother me with the facts, I've made up my mind,"' said Dr. Harry Hill, a trauma specialist at the Washoe Medical Center and representative of the Nevada State Medical Association.

Dr. Hill said that in states with strict helmet laws, fatalities related to motorcycle accidents have decreased by 30 percent.

Legislative analysts calculated passage of the bill would cost the state about $3.5 million a year for additional medical treatment of cyclists who suffer brain injuries because of accidents.

But Gustavson said that less than 5 percent of licensed riders in Nevada are uninsured.

"So as far as the economic impact, it should be very minimal, if any," he said.

Hill conceded that riders often do have insurance, but not always enough to cover hospital bills that can run into the hundreds of thousands of dollars.

"County, and especially rural hospitals, can be (financially) devastated by just one or two of these types of accidents," Dr. Hill said.

Dr. David Manning, western regional chief of the National Highway Traffic Safety Administration, flew in from his office in San Francisco to urge the committee not to repeal the current helmet law.

"This issue is not about freedom of choice, it is not and should not be about economics, it is not and should not be about politics," he said. "It is about saving lives."

Like most of the witnesses Tuesday, Dr. Manning came armed with statistics.

"If you're involved in a motorcycle crash, you are 40 percent more likely to be in a fatal crash if you're not wearing a helmet; you are 15 percent more likely to get severe head trauma if you're not wearing a helmet," he said.

But the bill's supporters weren't convinced.

"We should look at other safety programs, not forcing people to wear helmets. We believe in education not legislation. This is a decision people should make for themselves," said Danielle Kohler of the advocacy group A Brother Aiming Toward Education.

"If you have better riders and better drivers, you'll have less accidents. We should educate the public rather than micromanaging our personal choices," she added.