My take on the Michigan Helmet Law

The Michigan helmet law came about via a federal bribe in the mid 70’s which basically denied federal funds for roads unless Michigan, (and all 50 other states), enacted a helmet law. This was one of many Nanny laws that resulted through the formation of Ralph Nader’s vision within the National Highway Traffic Safety Administration. NHTSA. Nader’s point of view was that you could not count on educating motorists on traffic safety with dependable crash survival results. But mandating the use of various equipment, and requiring specific safety gizmos be installed in or on vehicles would result in numerically demonstrative reductions of deaths and injuries in crashes.

This was the beginning of the loss of personal liberty for the sake of government proscribed safety. I guess the merits of any of the equipment related (required) “stuff” could be debated and MAYBE some, or most, of the “stuff” would be found worthy. But I am only addressing motorcycle helmets. I do not find helmets worthy of a government mandated requirement for use by American adults. And neither did many states who were forced to require them. Within a year the Federal Government was forced to rescind the national requirement for helmet use in order for states to receive federal funding for roads. Quickly following that over half of the states immediately had their helmet laws repealed or modified for adult choice. That was over 40 years ago, and Michigan still has its head in the sand regarding helmets.

Part of the reason Michigan has not altered its status on the helmet law is because of the tremendous effort by the Insurance Industry to keep it in place. Michigan’s Auto Insurance regime is considered a nightmare by some, and the best thing on the block by others. In either case it is extremely profitable to those in the business. Michigan now has the highest auto Insurance rates in the entire United States. Odd, given our economic situation and unemployment rate, but that’s another ball game. Regarding helmets here is the straight skinny on the Insurance Industries desire to keep them on our heads.

Over half of all motorcycle crashes are the result of right of way violations committed by automobile drivers. When these crashes occur they often result in massive property damage, and traumatic injuries to motorcyclists, including dismemberment, blunt force trauma to internal organs, devastating tissue damage with resultant severe bleeding, paralysis, traumatic brain injuries, and death. These crashes cost insurance companies a lot of money. Now, history has shown that when helmet laws are enacted in states, motorcycle registrations (riders) dramatically decrease. (So do crashes) When helmet laws are repealed, motorcycle registrations (riders) dramatically increase. (So do crashes) There it is. Insurance Industry profits are their main motivation for lobbying for helmet laws.

Okay, so what? Helmets save lives. Really? No one truly knows how many lives have been saved by helmets. Statistics are all over the place depending on who is using them. Here is my take on them. Just south of us is a State with a similar number of registered riders. They have NO helmet law. Their annual number of crashes with resulting injuries and deaths mirrors Michigan’s.

Here is another point. You always hear or read the story by the motorcyclist who swears that a crash he was in would have killed him if he had not been wearing a helmet. Have you ever thought about how many dead motorcyclists there would be to testify that a helmet did not do them one darn bit of good? I have. Because I have known quite a few.

And then there is this. All U.S. motorcycle helmets are required to meet Federal Motorcycle Safety Standard No. 218. This is an engineering protocol that requires manufacturers of helmets sold in the U.S.A. to conduct a bunch of lab tests on every model of helmet they sell. It includes tests where they smack the helmets on steel anvils at preset speeds. (about 14 mph) They have to have straps that hold up to certain tests. And they are required to have certain stickers and labels on them before they can be sold.

Each year for the last 15 or so years, in order to “verify” helmet manufacturers are living up to the standards, the NHTSA randomly selects about 50 helmets being sold in the U.S.A. and sends them to an independent lab for testing. EACH YEAR HALF TESTED FAIL!! Logic dictates that if half tested fail, half not tested fail. So half the helmets sold each year in the USA are worthless anyhow.

Now, I am not going to try and convince anyone that there may or may not be merit in having a helmet on if you get into a motorcycle crash. What I believe is that unless you do your homework, and study the merits of a particular motorcycle helmet you want to use, your wasting your time. And here we are at a point where an adults choice regarding helmets comes into play regardless of a law requiring the wearing of one. This is where we deviate from Nader’s forced use of equipment to lessen the severity of crash damage and injury, to educating ourselves about what best serves us and our needs, and educating the public on how to drive responsibly as a greater outcome regarding crashes. Crash prevention out performs crash damage mediation every time. Hence the saying we use, “Educate don’t Legislate”.

We have been forced to wear helmets for over 40 years. In direct contradiction of our right to liberty and free will granted by God and guaranteed in the Constitution of the United States of America. As a minority group in Michigan for many years our pleas and demonstrations for the return of our rights has continuously been denied. Most notably and most recently by one woman with one pen. Despite overwhelming support for the return of our liberty by Michigan’s state Representatives and Senators. The insurance industry groan and moan, doom and gloom prophecies of numerous taxpayer cared for brain injured bikers lining the halls of hospitals is bull, and savvy legislators see it. This will be the 3rd consecutive state legislature to overwhelmingly support a mandatory helmet law repeal bill.

The motorcycling public has grown by leaps and bounds, safety education is finally becoming the obvious winner in the battle over how best to prevent or decrease crashes. It is long past time to get rid of the law which mandates the use of Chinese made plastic hats, half of which sold are not even legal, or useful, as the end all say all for motorcyclists safety.

We as adults, have the absolute RIGHT to decide for ourselves based on education and experience what equipment we CHOOSE to purchase and use or wear. Let those who RIDE decide! Look twice for motorcycles, they ARE EVERYWHERE!
Rusty
Sawtooth Wolves MC
Co-director B.O.L.T. of Michigan
Regional Coordinator, Reg.21 Abate of Michigan
MRF Asst. State Rep.
US Defenders
COC of Michigan