SMARTER Opposes HB 4749

SMARTER opposes HB 4749. SMARTER supports maintaining our current mandatory motorcycle helmet law. Motorcycle helmets save lives and prevent devastating and debilitating head injuries. When a helmet law covering all riders is in effect, nearly 100% of motorcyclists wear helmets. When laws are in effect that cover only a specific segment of the population, helmet use drops to between 28 and 40 percent. More deaths and injuries will result with the passage of HB 4749.

Passage of HB 4749 would be similar to allowing automobile drivers who have passed driver education and have held a driver license for two years to pay a fee to not wear a seat belt. Other examples are to allow a person who has passed a hunter-safety course and has purchased a hunting license for two years to pay a fee to be allowed out of the requirement to wear "hunter orange" during deer-hunting season, or to allow boaters to buy their way out the responsibility to have personal-flotation devices on board. When the idea of HB 4749 is extended to these other areas, the absurdity of the legislation becomes obvious.

The $25 million income estimate bandied about by supporters will only result if 250,000 individuals choose the option. In 2005 there were 497,165 licensed motorcyclists but only 254,480 registered motorcycles (University of Michigan Transportation Research Institute, Motorcycle Crash Trends in Michigan 2001-2005). It is unlikely that someone who has a cycle endorsement but does not own a motorcycle will choose the option. For the $25 million to be generated, more than 98% of the individuals with registered motorcycles must choose the option, which is extremely unlikely. This estimate also ignores the fact that many owners have two, three, four, or more motorcycles registered. It will therefore be virtually impossible to generate $25 million. The estimated income is a thinly disguised sales effort.

HB 4749 may cost the SOS branch offices more money to try to implement than the fees paid will generate. (Certainly not what we need when the state is already in financial crisis.)

Passengers are left dependent on the risky choice of the operator, and the public is more likely to suffer the costs of passenger medical expenses. HB 4749 would require operators to have a minimum level of experience or training and have in effect security of at least $20,000 for the payment of first-party medical benefits in the event of a motorcycle crash. These requirements provide a small measure of assurance that operators are aware of the extreme risk of their choice as well as a measure of protection that operators can pay a small part of the costs if they suffer injury. Passengers, however, do not need to prove experience or exposure to training and do not need to have security for payment of first-party medical benefits in effect.

The result of the passage of HB 4749 will be that any rider who wishes to go without a helmet will be able to do so regardless of whether they have met the requirements of the law.

Only ABATE and the Michigan Beverage Association support this bill.

SMARTER opposes HB 4749. Also opposing passage of this bill are the Michigan Health and Hospital Association, Michigan Department of Community Health, Michigan State Police, Michigan Osteopathic Association, Michigan College of Emergency Physicians, Michigan Brain Injury Providers Council, Michigan Protection and Advocacy Services, Michigan Rehabilitation Association, Michigan Brain Injury Association, Michigan Association of Chiefs of Police, and Michigan Sheriffs' Association.

HB 4749 is bad for Michigan's motorcyclists and Michigan's citizens. Michigan's current mandatory motorcycle helmet law covering all motorcyclists is a reasonable and effective life-saving requirement. 

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Copyright © 2007 
Last modified: August 31, 2008
Skilled Motorcyclist Association - Responsible, Trained and Educated Riders, Inc.