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Do Mandatory Motorcycle Helmet Laws Work?
Evaluating Laws in Kentucky and Louisiana
At the end of 2001, 20 U.S. states and the District of Columbia had laws requiring all motorcycle riders to wear helmets; 27 states had laws requiring helmet use only by riders under a certain age (usually 18); 3 states had no laws regarding motorcycle helmet use. Mandatory helmet use laws first came into being following the 1967 issuance of highway safety program standards. From the outset, the passage of laws requiring helmet use has been a contentious issue as public policy makers debated the balance between personal freedom and the societal costs of crashes. Those opposed to mandatory helmet laws argue that individual rights are or will be infringed upon and that the choice of helmet use should be left to individual riders. Those who advocate for helmet laws point out that helmets are effective in reducing injury severity and that society bears a significant portion of motorcycle crash costs. As a result, there is a public interest in requiring the use of reasonable safety equipment. Over the years, states have variously enacted, repealed, and reenacted universal – all rider- motorcycle helmet laws.
In 1998, Kentucky repealed its universal motorcycle helmet law, and in 1999, Louisiana repealed its law. An October 2002 report was prepared for the National Highway Traffic Safety Administration that assessed the effects of helmet law changes on motorcyclist fatalities and injuries(1).
In 1968, Kentucky first enacted a motorcycle helmet law applicable to all riders. In July 1998, the law was amended so that only motorcycle operators and passengers under the age of 21 were required to wear helmets. Louisiana passed its universal motorcycle helmet law in 1968. In 1978, it was amended to require helmets only for those riders and passengers under 18. In August 1999, the law was amended to require helmet use only by motorcycle operators and passengers under age 18 and those riders over 18 who did not have medical insurance coverage of at least $10,000.
Helmet Use
Based on observational surveys, motorcycle helmet use decreased following the repeal of the universal helmet laws. In Kentucky, in 1997, prior to repeal of the law, helmet use was 96 percent. In 1999, the first year following the repeal, usage was 65 percent. It was 70 percent in 2000 and 56 percent in 2001. In Louisiana, 100 percent wearing rates were observed in 1998, before repeal. In 2000 and 2001, wearing rates were 52 percent.
Fatalities
The number of crashes in which a motorcyclist was killed and the numbers of riders killed increased in both states following the 1999 repeal of the universal helmet wearing laws. In Kentucky, in the two years prior to repeal, an average of 23 fatal crashes claimed 24 motorcyclists. This was an increase of 58 percent in fatalities. In the two full years following repeal, an average of 36 fatal crashes and 38 motorcyclists killed. In Louisiana, in the two years prior to the repeal, an average of 26 fatal crashes and fatalities took place. In the two years following the repeal, there were an average of 54 fatal crashes and 55 motorcyclists killed. This was an increase of 108 percent.
Injuries
Motor vehicle crash data for motorcycles increased in both Kentucky and Louisiana. In Kentucky there was a 34 percent increase in injuries. In Louisiana, motorcycle injuries increased by more than 40 percent.
Fatality and Injury Rates
In Kentucky, the rate of motorcyclists killed per 10,000 registered motorcyclists increased from 6.4 in the two years prior to repeal of the helmet law to 8.8. This was an increase of 37.5 percent. In Louisiana, the fatality rate averaged 4.5/10,000 registered motorcyclists in the two years prior to repeal, and increased to 7.9 – an increase of 75 percent. Nationally, during this same period, the rate of motorcyclists killed per 10,000 registered motorcycles increased by 18 percent.
Limitations of the Study
National data show that the number of registered motorcycles and the number of miles traveled (VMT = Vehicle Miles Traveled) has increased in recent years. Motorcycle fatalities have been increasing since 1997. National fatality rates for motorcyclists have increased by 18 percent and VMT has increased by 59 percent. Nationally there are more motorcycles on the road and traveling more miles. This may result in increased exposure to harmful events, leading to the increased fatalities and injuries, as seen in Kentucky and Louisiana.
Annual motorcycle registrations increased in both Louisiana and Kentucky by 20 percent. The fatality rate (deaths/10,000 registered motorcycles) increased after the repeal of each state’s universal helmet law by much more than the number of registered motorcycles.
Conclusions
The repeal of helmet laws in Kentucky and Louisiana produced similar effects – observed wearing of helmets decreased, the number of injuries and fatalities increased, and the rates of fatalities and injuries increased. A similar pattern has been seen in Texas and Arkansas where universal helmet laws were also repealed. Although national data indicate that registrations and number of miles ridden have increased, resulting in increased exposure, there is little doubt that repeal of helmet laws has negative health and safety consequences. Given that there is overwhelming evidence that shows helmets are effective in preventing injuries and fatalities and when laws are repealed helmet wearing decreases and fatalities and injuries increase, it is imprudent to repeal universal helmet wearing laws.
Editor's Note: Effective August 15, 2004, Louisiana reenacted a universal helmet law.
REFERENCE
1. Ulmer RG, Preusser DF. Evaluation of the Repeal of Motorcycle Helmet laws in Kentucky and Louisiana. Washington, D.C.: NHTSA, DOT; October 2003. DOT HS 809 530.
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