Another shot taken at repealing motorcycle helmet law

Erin Neff

Tuesday, Feb. 13, 2001 | 11:01 a.m.

CARSON CITY -- Assemblyman Don Gustavson is hoping the third time is the charm to repeal Nevada's motorcycle helmet law.

Assembly Bill 88, introduced Monday, would repeal the law if a driver is over 21 and licensed to drive a motorcycle. The bill also would repeal the law for passengers provided they are 21 years of age or older and not required to wear protective headgear.

Gustavson, R-Sun Valley, struck out with similar proposals in two previous legislative sessions.

In 1999 his bill would have eliminated the helmet law for anyone riding a motorcycle. That bill never made it out of the Transportation Committee.

In 1997 Gustavson's bill sought to remove the helmet requirement for anyone older than 16. In that session, the bill passed the Assembly but died in the Senate.

Gustavson's proposals have met opposition from state and national health and safety officials who have said repealing the requirement would lead to more fatalities, injuries and medical costs for underinsured drivers.

In 1999 legislative analysts calculated the bill would cost the state about $3.5 million a year for additional medical treatment of cyclists who suffer brain injuries in accidents.

Gustavson maintains the bill is simply about liberty.

"Mainly it's a freedom-of-choice issue," Gustavson said. "It's just to keep the government off our back."

Gustavson said that with 22 co-sponsors on his bill and pledged support from other lawmakers, he believes he has the support to pass his proposal this session.

The bill was forwarded to the Assembly's Transportation committee, where it has had trouble in the past. But Gustavson said he hopes to win over the chairmen of both the Assembly and Senate transportation committees, chaired by Vonne Chowning, D-North Las Vegas, and Bill O'Donnell, R- Las Vegas, respectively.