Heated debate hits latest attempt to repeal motorcycle helmet law

Wednesday, April 7, 1999 | 10:32 a.m.

CARSON CITY -- "I choose to live free and I want to die free," motorcyclist Monte Hansen told legislators Tuesday, and the state law that requires riders to wear helmets "infringes on my rights."

"This is a freedom issue," Hansen of Fernley told the Assembly Transportation Committee during testimony Tuesday on Assembly Bill 201. The bill would repeal the law passed in the 1970s that mandates helmets for motorcyclists.

On the other side of the issue Tuesday were health and highway officials who cited statistics showing it is more dangerous to ride without a helmet.

The most dramatic statistics came from Judith Hollett, who works in the trauma unit at University Medical Center in Las Vegas. In the past 18 months, she told legislators, 102 motorcyclists have been treated for head injuries at UMC.

Fifty-five percent of those without a helmet went to the intensive care unit, compared with 36 percent who wore a helmet. The average length of stay in intensive care for those without a helmet was 5.8 days compared with 2.9 days for those who had a helmet.

Eleven percent of those who did not have head gear had to go to a nursing home, while none of those with helmets entered such a facility, she said.

"These are alarming figures," Hollett said.

State Health Officer Dr. Mary Guinan said that in 24 of the 26 states that repealed helmet laws motorcycle fatalities "increased significantly."

But Chad Dornsife, representing the National Motorists Association, argued that states that have helmet laws have the highest fatality rate per mile driven. Where helmet laws have been enacted, he said, the registration of motorcycles has decreased. That may mean fewer total fatalities, but not necessarily safer conditions for motorcyclists.

Others advocating repeal of the helmet law said only a small percentage of motorcyclists are injured.

"It's time to allow the riders to have freedom of choice. Keep the government out of private lives," said Assemblyman Don Gustavson, R-Sun Valley, who introduced the bill after a similar attempt by him failed two years ago.

He argued there were one-third more accidents and fatalities in California, Florida, Texas and New York, which have helmet laws, while the six safest states were those without a helmet law.

Gustavson said he was not discouraging use of helmets, but "I'm here to regain some freedom."

But Dr. Harry Hill, a brain specialist at Washoe Medical Center in Reno, argued there's been a 30 percent decrease in fatalities in states with helmet laws.

And it's not just a matter of personal freedom, he said. The government has a great interest in the issue, he said, because the average motorcyclist may carry $30,000 to $50,000 in medical insurance. But that can never cover the cost of treatment, which runs in the hundreds of thousands of dollars for an extensive head injury. Local governments end up picking up the bill, Hill said.