HomeMy WebLinkAbout15-Police Department
CI'19 OF SAN BERNARDI~ - REQUEQ FOR COUNCIL AC~N
Dept:
Police
nEe'o. - AOMIN. OFFsubject:
1387 APR 27 /.l'! :8: 24
Resolution of the
Bernardino Urging
Assembly Bill 36,
Mandatory Helmets
Motorcyclists
City of San
Support of
Relating to
for
From:
Donald J. Burnett
Chief of Police
Date:
April 24, 1987
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Synopsis of Previous Council action:
None known.
Recommended motion:
Adopt attached Reso 1 ut i on .
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( ~}iJnature
Contact person: Donald ,1 RlIrnptt, r.hipf nf Pnlirp
Phone: 384-5607
Supporting data attached: Yes - Rf'sollltinn
Ward:
FUNDING REQUIREMENTS:
Amount:
Sou rce:
Finance:
Council Netes:
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. CI-r9 OF SAN BERNARDI~ - REQUE~ FOR COUNCIL AC-hbN
STAFF REPORT
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In California motorcycles account for only 3 percent of all passenger
carrying vehicles but are involved in 12 percent of the accidents.
The chances for injury or death in a motorcycle accident are up to
17 times higher than in an automobile accident.
Under existing law, it is an infraction for a person under 15 years
and 6 months of age to ride as a passenger on a motorcycle or motorized
bicycle without wearing a safety helmet. AB 36 will impose a State
mandated program making it an infraction for any driver or passenger
to operate or ride upon a motorcycle or motorized bicycle without
wearing a safety helmet.
The provisions of AB 36 can be expected to reduce serious head injuries
or fatalities associated with motorCYC1.ZCC- nts on the highway.
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4/?YJ~J<; ,~.'b
Donald J. rnett
Chief of ' lice
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P-EcOLUTIO;: NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO UP,GING SUPPORT
Of' i\SSEHELY r.ILL 36, PELATING TO 111\j~DATORY HELHETS FOR
110TORCYCLI S'J'S ,
BE T.T RESOLVED BY THE 1-1AYOR AND COI~IOI< COUNCIL OF THE
CITY OF SAN BERNAP.DINO AS FOLLOWS:
SECTIOll 1. Recitals.
A. In California, Qotorcycles account for only three
percent of all passenger-carrying vehicles but are involveG
in 12 percent of accidents.
B. The chances for injury or death in a l.1otorcycle
accident are up to 17 times hic:rher than in all au'cor.'obile
accident.
C. In 1984, California Hi?hway Pa.t:':ol statistics shmJ
that 26,511 Qotorcyclists were injured, anG of those ~njure~
3,766 had severe injuries.
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The avera~e hospital bill of an injured rotorcyclist
is conservatively estimated at more than $17,000 per in~ividual,
and "indirect costs" such as lost wages and physical rehabil-
itation usually are double the direct costs.
E. I,lc:.torcycle injuries cost the taxpayers more than
$65 nillion a year for hospital bills alone, based on the
nur;tber of injuries in l'JC'l.
F. Studies sho\-l .t:~;flt California taxpayers arc paying
more than 80 rcrcent of tile cocts incurred by injured m01;or'-
cyclists.
G. The Mayor LinG. CUl.:lUon Council of the City of San
Bernarclino arc concerned about the enormous financial cost: to
the taxpayers an~ the unmeasurable el~,otional cost to victims
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in loss of human lives and suffering caused by motorcycle
accidents.
H. Implementation of the 1986 Seat Belt Law requiring
mandatory seat belt usage in automobiles traveling in
California established a precedent that declares when the
state has a vested interest in paying costs it is entirely
appropriate and prudent for the state to protect itself.
SECTION 2. Implementation.
A. The Mayor and Common Council of the City of San
Bernardino do hereby urge the California Legislature to enact
legislation that requires California motorcyclists to wear
safety helmets.
B. The City Clerk of the City of San Bernardino is hereby
directed to forward a copy of this resolution to State Senators
H. L. Richardson and Ruben Ayala, and to State Assemblymen
William Leonard and Jerry Eaves.
I HERERY CEKTH'Y that the foregoing resolution was ,July
adopted by the Mayor and Common Council of the City of San
Rernardino at a
meeting thereof, held
;)n
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the
day of __________ _.___._' 1987, by the following vote,
to wit:
AYES:
Council Members
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-----_._-- --,..- _._~_._---- -.--- - _._-- --..---.-..---..-------..- -- ..- - ---.
NAYS:
--- ---- ----_._---~~--- --_.. -.. _.- -_._- ---.--.- - - -.-. - - ......_-
ABSENT:
-.-------.---.- -- - -.- -- _.- -'-- - -- - ..- .... '. - - --_._.-. ..._-- - -.-.-- -.._..-. -
----------cIty -Clerk ------- - - --
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1 The foregoing resolution is hereby approved this _,___ day
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5 Approved as to form:
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(/({:I fJ Ah~e;7
7 Clty orney
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Mayor of-the -Ci ty of San Be-r:nard i no-
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oral ifnrnia 11legislature
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SACRAMENTOAOORESS
STATE CAPITOL ...
9581..
916-445'0'165
COMMITTEES:
CONSTITUTIONAL AMENDMENTS
GOVERNMENTAL ORGANIZATION
P\JBLIC EMPLOYEES'" RETIREMENT
REVENUE & TAXATION
DISTRICT OFFICE
16921 S. WESTERN AvENUE. :
SUITE 220
GAROEN"'. CA 90247
1213> 516-"037
CHAIRMAN
LABOR 6: EMPLOYMENT
JOINT COMMITTEES:
FAIRS'" ALLOCATIONS
PRISON CONSTRUCTION 6: OPERATIONS
RICHARD E. FLOYD
ASSEMBLYMAN. FIFTY-THIRD DISTRICT
March 31, 1987
r
Evlyn Wilcax, Mayor
City of San Bernardino
300 North "D" Street
San Bernardina, CA 92418
Dear Mayor Wilcox:
Per yaur request, I am forwarding a copy of AB 36 and dacuments which are
germane ta the issue af mandatory helmets far motarcyclists.
Thank you far your interest in this substantive traffic safety/saciaecanamic
measure.
~;:t~ ~l J
Richard E. Floyd ~
REF:dmc
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CALIFORNIA QISLATt1IlE-llllI7__ RECULAR SESSION
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ASSEMBLY BILL
No. 36
Introduced by Allembly Member Floyd
December 1, 1986
An act to amend Section 27803 of the Vehicle Code, relating
to vehicles.
LE.C1SLA11VE COUNSEL'S DICEST
AB 36, as introduced, Floyd. Vehicles.
(1) Under existing law, it is an infraction for a driver under
1.5 years and 6 months of age to operate a motorcycle or
motorized bicycle on the highway, and for a person under 1.5
years and 6 months of age to ride as a passenger thereon,
without wearing a safety helmet.
This bill would impose a state-mandated local program by
making it an infraction for any driver regardless of age, to
operate a motorcycle or motorized bicycle on the highway,
and for any person, regardless of age, to ride as a passenger
thereon, without wearing a safety helmet.
(2) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish
procedures for making that reimbursement.
This bill would provide that no reimbursement is required
by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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SUPPORT OF ASSEMBLY BILL 36 (Floyd)
Mandatary Helmets for Motorcyclists (3-19-87)
American Academy of Orthopedic Surgeons
American Academy of Pediatrics
American Academy of Physician Assistants
American Association of University Women
American Automabile Associatian
American Public Health Assaciation
American Trauma Saciety
Bell Helmets
California Associatian for Safety Education
California Association of Safety Cauncils
California Assaciatian of Women's Clubs
California Medical Association
California Matarcycle Dealers Associatian Baard af Directors
California P.T.A.
California Paralyzed Veterans Association
California Peace Officers' Assaciatian
California Pal ice Chiefs Association
Califarnia State Automobile Assaciation
California State Firemen's Associatian
Califarnia State Sheriffs Association
Califarnia Tax Payers Association
Californians far Safe Matarcycling
Developmental Disabilities Board, Area XI
Emergency Nurses Assaciatian
Family Survival Project
League of California Cities
Los Angeles Caunty Cammissian on Disabilities
Las Angeles Palice Department
Los Angeles Resource Center-Adults with Brain Impairment
Las Angeles Unified Schaal District
Motarcycle Industry Cauncil
Natianal Association af Independent Insurers
National Highway Traffic Safety Administration
National Safety Council
National Student Nurses Association
National Traffic Safety Institute
Orange County Injury Coalition
Orange County Trauma Society
Organization of Area Boards an Developmental Disabilities
Peace Officers Association
San Francisca Trauma Faundatian
Southern Califarnia Automabile Assaciation
Southern California Head Injury Foundation, Inc.
Wamen Highway Safety Leaders
World Institute an Disability
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(SUPPORT OF AB 36)
(CITY SUPPORT)
City of Alturas
City af Anaheim
City of Belvedere
City of Brentwood
City of Briggs
City of Brisbane
City of Buena Park
City of Burlingame
City of Carmel-by-the-Sea
City af Carpinteria
City of Ceres
City of Clay tan
City of Coronado
City of Cotati
City of Cupertino
City af Cypress
City of Oaly City
City of Duarte
City af Dublin
City of El Cerrita
City af Fairfield
City of Foster City
City af Fremont
City af Gridley
City of Hercules
City of Irvine
City of La Palma
City af Loomis
City af Las Angeles
City of Menlo Park
City of Mt. Shasta
City of Narwalk
City afPacifica
City of Pacific Grove
City of Pico Rivera
City of Piedmont
City of Pismo Beach
City of Placentia
City of Portola
City af Redwood City
City of Rio Del
City of Rohnert Park
City af Ralling Hills Estates
City of Raseville
City of San Bruna
City of San Fernanda
City of San Pablo
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(SUPPORT OF AB 36)
(CIn SUPPORT)
City of San Rafael
City of San Ramon
City of Santa Ana
City of Santa Barbara
City of Seal Beach
City af Stacktan
City of Unian City
City of Villa Park
City of Westminster
City of Willows
City of Waadland
(COUNn SUPPORT)
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County Supervisars Association of California
County of Alpine
Caunty af Amador
County af Cantra Costa
County af Del Narte
County of El Oarado
County of Glenn
County of Inyo
County af Los Angeles
County af Mendacino
Caunty of Monterey
Caunty of Napa
County af Nevada
Caunty of San Francisca
County af Santa Cruz
County of Sutter
County of Yala
County of Yuba
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ERIEFING PAPER FOR f"ANDATORY HElfEr LEGISLATION
LEGAL BASIS FOR HEADGEAR LEGISLATION
o CoMPULSORY HELMET LEGISLATION IS AN EXERCISE OF A STATE'S POLICE POWER WHICH
INCLUDES THE Pl)oIER TO ENACT LAWS--~IITHIN COf':STITUTIONAL L1MITS--TO PReY-mE TIlE
PUBLIC HEALTH, SAFETY OR WELFARE OF ITS RESIDE~ITS.
THE BOUf':DS OF POLICE POI'l'ER ARE GENERALLY PEG/,RDED AS HAVING BEEN CC'MPLlED WITH
~IHP: THE FOLLOVIlNG TWO ponrrs APE MET:
1. THE PUELlC nITEPEST, NOT THE INTERESTS OF A PARTICULAR PERSr.N OR GROUP,
REQUIRES IIfTERFERH'CE ~iITH INDIVIDUAL RIGHTS. ~N EX,w.PLE ~IOULD BE THE STATE'S
PLENARY POI'IER OVER ITS HIGHWAYS. TO REGULATE FOR THE SAFETY Af\'D BEST INTERESTS
OF THE PUELI C .
2. THE MEANS OF CARRYING OUT THE PUBLIC INTEREST ARE BOTH REASONABLY
"ECESSARY TO ACCl1'1PLI SH IT, MOO ARE NOT UNDULY OPPRESS lYE UPON INDIVIDUALS.
(U\WTON v. STEELE, 152 U.S. 133 (1894)).
IN ENACTING MANDATnRY HELMET LEGISLATION IN OTHER STATES, LEGISLATURES HAVE
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RELlFD UPON A '(PUBLIC PURPOSE" TO SUPPORT THEM. THE PUBLIC PURPOSE FURTHERED BY
THIS LEGISLATIorl, AS DEFINED BY THE COURTS, HAS RANGED FRCIo\ THE INDIRECT PUELlC
BENEFITS OF PROTECTING AN INDIVIDUAL MOTORCYCLIST FROM THE CONSEQUENCES OF HIS
OWN DANGEROUS CONDUCT (THE "SELF PROTECTION" THEORY) TO THE DIRECT HARM TO ALL
HIGHVIAY USERS \1HO SHARE THE PUBLIC ROADS WITH UNPROTECTED CYCLISTS (THE "DIRECT
HJI,PM" THEORY).
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THE "SELF PROTECTION" THEORY OF PUBLIC EENEFIT FOCUSES ON lliE H:TEP.DEPENDENCE OF
AN INDIVIDUAL'S ACTICNS rND lliE INTERESTS OF lliE STATE; lliAT IS, ~MEN A PEFSON
NEGLECTS HIS Ow-.! HEALlli, SAFElY, OR WELFARE, ALL OF SOCIEIY SUFFERS. THE
SOCIETAL COSTS TAKE lliE FOPJII OF LOST PRODUCTIVIIY, HIGHER WELFARE COSTS,
INCREASED INSURAACE RATES, AND MUNICIPAL MEDICAL EXPENSES. A RECE!\'T S1UDY BY
lliE UNIVERSIIY OF CALIFORNIA, DAVIS ~iEDICAL CENTER SHCfflS lliAT 82% OF /'OTORCYCLE
VICTIMS' MEDICAL COSTS ~IERE PAID BY lliE STATE AND TAX-BASED ENTITIES. GIVE~: lliE
LIMITED PUBLIC FUNDS AVAILABLE FOR ~1EDICAL CARE, lliE HEAVY PUBLIC COSTS OF
/'OTORCYCLE RIDER TRAlNA Ca-1PRa-1ISES iHE QUALlIY OF HEALiH CARE IN OiHER AREAS.
CHALLENGES TO iHE CONSTlTUTIONALIIY OF HEAIlGEAi:1 LEGISLATION HAVE BEEN RAISED IN
lliE APPELLATE COURTS 0F 3~ STATES; COURTS OF L.A.sT RESORT IN '2J STATES, At\'D
I!\'TEP}1EDIATE APPELLATE COURTS IN 6 OiHERS. THESE COURTS Ht,VE UPHELD SUCH LAWS
AGAINST Cm:STITUTIONAL CHALLENGE IN EVERY INSTANCE.
RESEARCH RE EFFICACY OF HELMET USAGE
o HEAD INJURY IS THE LEADING CAUSE OF DEATH IN MOTORCYCLE ACCIDENTS. CoMPARED
WITH RIDERS WEARING HELMETS, UNHEL~ETED RIDERS ARE THREE TIMES /'ORE LIKELY TO
INCUR FATAL H!JURY M'D ThQ TIMES MORE LIKELY TO INCUR A HEAD INJURY OF LESSER
SEVERIIY. THE UNIVERSIIY OF SOUlliERN CALIFORNIA IN DEPlli STUDY OF 900
r.cnORCYCLE ACCIDENTS CONCLUDED THAT SAFElY HELMET USE WAS iHE SINGLE MOST
IMPORTA~'T FACTOR GOVERNING SURVIVAL IN /'OTORCYCLE ACCIDE~IS.
o THE REPEAL OF THE I"ANDATORY LOUISIANA HELMET LAW AND ITS SUBSEQUENT
RE-ENACiMENT PROVIDED THE BASIS FOR A SYSTEMATIC STUDY AND Ca-1PARISON OF INJURY
TYPES, SFYERIIY, FATALITIES, AND COSTS ASSOCIATED I'lIlli HELMET USE. THERE WAS A
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30% REDUCTION OF FATAL ACCIDENTS DURING nlE C("(>'PULSORY HELMET LAVl REINSTATEf'I,EtH
COMPARISON PERIOD, EVEN THOUGH Tl-IEPE ~IAS A 5.9% H!CREASE IN REGISTERED
I"OTORCYCLES. THE LENGTH OF STAY ltl MEDICAL FACILITIES DECREASED BY %.6% At-[)
nlE AVERAGE COST PER !,CCIDENT DECREASED BY 48.6%.
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o DURING nlE LAST nlREE ACCIDENT DATA REPORTING YEAPS. CALIFORNIA HAD 2202
FATN.lTIES AND 77 .552 INJUPIES DUE TO I"OTORCYCLE CRASHES. THE U.C. t"fDIC/1L
CENTER STUDY REPORTS nlE AVERAGE MEDICAL COST OF SEVERELY INJURED CYCLISTS TO BE
$17 ,70~. THE SOCIETAL COST FOR A FATAL ITY APPROXIMATES $268,000. IT IS CLEAR
Tl-IAT THE FISCAL MAGNITUDE OF Tl-IIS ISSUE HAS EXCEEDED ONE BILLION DOLLARS DURING
T1-lE LAST nlREE YEARS. BY APPLYING 11-'E REDUCTION FACTOR ASSOCIATED WlnI HEL~\ET
USAGE. EtlACTMENT OF A HEL!",ET LAVI WILL HAVE nlE EFFECT OF SAVING I"ONEY M'D LIVES,
VtHICH IN TURt,: WILL PROVIDE nlE STATE WlnI MILLIONS OF DOLLARS TO IMPROVE nlE
OYrRALL QUALITY OF PUBLIC HEALnI CARE BY A SI~'PLE Af\'D ItJEXPENSIVE MEANS.
o PER MILE, A I"OTORCYCLlST IS 10 TIMES I"ORE LIKELY TO DIE IN AN ACCIDENT nll'.N
IS AN AUTOMOBILE PASSENGER. !"oRE nlAN 80'7. OF ALL MOTORCYCLE ACCIDENTS RESULT IN
INJURY OR DEAnI TO nlE CYCLIST, PHYSICIANS CHARACTERIZE TRAUMA IN I"OTORCYCLE
ACCIDENTS AS nlE WORST TRAlJto1A Tl-IEY TREAT OUTSIDE OF A wr,R Ca~BAT ZONE.
o IN SPITE OF I"OTCRCYCLE CRASH DATA M'D ~fDICAL RESEARCH WHICH SUPPORTS
LEGISLATIVE INTERVENTION, I"OST OFFICERS OF MOTORCYCLE CLUBS f'J:NOCATE nlE PLU,
"LET THOSE WHO RIDE DECIDE." IN SOME INSTANCES WHERE MEMBERS AT LARGE ARE
POLLED. nlE MAJORITY VOTE Itl SUPPORT OF A MANDATORY HELMET LAW. THIS POSlTlOtI
REFLECTS A LESS WF.U KNOWN QUOTE: "ONE MI\N'S FREEDOM IS ANOnlEP rAN'S SHACKLES
IN TAXES ",~'D INSUPANCE PR8~ll.flS."
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SAMPLE r1EDICAL ~ HISTORIES OF rOTORCYCLE INJURY VICTIMS
FRor~ TI-lE f'OMENT OF INJURY, SOCIffi PICKS lHE CYCLIST UP OFF lHE HIG!-MAYi
DELIVERS lHE VICTIM TO A M~~ICIPAL HOSPITAL ~~ MUNICIPAL DOCTORS; PROVIDES
UNEMPLOYMENT COI'1PEN~ATlON IF, AFTER RECOVERY, HE CANNOT REPLACE HIS LOST JOB.
NID. IF lHE INJURY CAUSES PEFMANENT DISABILITY, roAY ASSLME lHE RESPONSIBILITY
FOR HI~l AND HIS FAMILY'S CONTINUED SUBSISTENCE. THE FOLLOWING ARE BRIEF
SYNOPSES OF SEVEPJ\L PATIENTS FRCJo\ A STUDY OF INDIVIDUALS TREATED BY lHE
QRlHOPEDIC SERVICE AT U.C., DAVIS MEDICAL CEf'..'TER FOR TRALMA SUSTAINED IN A
~'CTORCYCLE ACCIDENT. THESE WERE EIlHER fo'OTORCYCLE DRIVERS OR PASSENGERS ON
fo'OTORCYCLES.
1. A 19 YEAR OLD MALE, MUlTIPLE FRACTURES, HEfD INJURY, NEUROLOGIC INJURIES
REQUIRING REPEATED OPERATIONS, ACUTE HOSPITALIZATION 74 DAYS, NO INSURANCE,
~EDICAL COST $62,481.
2. A 25 YEAR OLD MALE, BLOOD ALCOHOL ,119, HEAD INJURIES, MULTIPLE FRACTURES,
ABro-1INAL TRALMA, AClTTE HOSPITAL IZATlON 63 DAYS, NO INSURANCE, ~1EDICAL COST
$38,772.
3. A 33 YEI>,P OLD MALE, BLOOD ALCOHOL .143, SKULL INJURIES, MULTIPLE FRACTURES,
AClTTE HOSPITALIZATION 49 DAYS, NO INSURANCE, MEDICAL COST $39,024.
4. p, 23 YEAR OLD MALE, BLOOD ALCOHOL .118, HEAD INJURIES. MULTIPLE FRACTURES,
AClTTE HOSPITALIZATION 26 DAYS, NO INSURANCE, MEDICAL COST $41,699.
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5. A 28 YEAR OLD MALE, HEAD INJURIES AND MULTIPLE FRACTURES, ACUTE
HOSPITALIZATION 36 DAYS, NO I NSlIPANCE, fl'fDICAL COST $34,256.
THE DIRECT COSTS CITED IN THESE EXAt-'iPLES ARE OIlLY FOR ACUTE HOSPITALIZATION.
THEY DO NOT INCLUDE COST OF EMERGENCY TRANSPORT, PRETREAMNT AT ANOlHER
FACILITY, PHYSICIANS' FEES, SUBSEQUENT CARE AT ANOlHER FACILITY, READMISSION FOR
ADDITIONAL SURGICAL PROCEDURES, REHABILITATION, PHYSICAL lHERAPY, LOST WAGES, OR
DISABILITY PAYMENTS. IN GENERAL lHESE ADDITIONftL COSTS MAY BE EXPECTED TO RUN
ABOUT 1WICE T1-IE COST OF T1-IE INITIAL HOSPITAL IZATlOI,! AND ARE TYPICALLY BORNE BY
TAXPAYERS T1-IROUGH VARIOUS STATE At:D FEDERAL PROGRAMS.
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CALIFORNIArfiFOR SAFE ~TORCYCLING
6931 Fifth Street
Rio Linda, California 95673
(916) 991-5091
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Board or Directors
Prf'l(ir/I'11f
Mary Price
T""II.""t"t'I'
Lucie K. Whitne~'
.James BOllllan. M.D.
Susan ~. Cleek
Ha~'d('n Dawson
HEl\'erly HolqUin
Richard Plum
Robert :\. Szabo. M.D.
Laura Timmerman
(,.E. \"an ('on
E,'f,,.,lfi"j lJin'l"flll'
Robert L. Terry
HELMET USAGE FACT SHEET
a Compulsary helmet legislation is an exercise af a state's pal ice pawer
which includes the power to enact laws -- within constitutional limits
to promote the public health, safety ar welfare of its residents.
o Head injury is the leading cause af death in matarcycle accidents.
Unhelmeted riders are three times more likely to incur fatal injury and
two times more likely ta incur a head injury of lesser severity than
riders wearing helmets.
A Calijorllia Non-Profit P"bliC' Bt,,,jit Corporation u'ho.t primary purpou i. dirtcted to promotiPlg saft moto1'f!lding thrtlllgh
,durot;ng th, pllblir rrgarding th, importo'Mt o!motorcyclingo,wratoTs a"d paBungtTs t~'taTing protecti,', he'adgear. (California
Franchisf' Ta.r Board Organization Nu.mbn-li9!968).
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o A University of Southern California in-depth study of 900 motorcycle
accidents concluded that safety helmet use was the single most important
factor governing survival in motorcycle accidents.
o During the last three accident data reporting years, Califarnia had
2,202 fatalities and 77,552 injuries due to motorcycle crashes.
o The U.C. Medical Center study reparts the average medical cast of severely
injured cyclists to be $17,704. The sacietal cost for a fatality
approximates $268,000.
o A motorcyclist is 10 times more likely to die in an accident than is an
automa~ile passenger. More than 80% of all motorcycle accidents result
in injury or death to the cyclist. Physicians characterize trauma in
motorcycle accidents as the worst trauma they treat outside of a war
combat zane.
CALIFC. .'IAQS FOR SAFFOo1 _ .{CYCLI!\G
693] f,fth Slr~~\
R'Q Lind.. Californi.. ~5Ci3
(~)6199)-509)
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S,rrr,nr., T,.,n..",., r
Lur~ 1\ W tillnf',
Jam",. Bon~ar, ~~ D
~~~ir, ~ Clt't~
Hi' dt>r, [)iI\' ~Ol"
Bf\trh Hc:c:;..nr,
P.lcr.ird riiJrr.
Rot.t-... ~ S::'ik. ,,~ Lo
AN OVERVIEW OF COMPtJI.SORY
BELMET OSAGE LEGISLATION
C.,r"t." D...,,',.
R,,~rt L Trrr:-
A cursory review of literature dealing with helmet use as an
effective countermeasure to head injury associated with motorcycle
crashes indicates that most major health, medical and safety
organizations endorse the use of helmets. Helmets usage is also
endorsed anc promoted by many organizations representing the
,
motorcycle industry, as well as motorcycle riders.
However, organizations within the motorcycle industry, as well as
rider organizations have traditionally opposed legislation designed to
require motorcycle operators and passengers to wear protective
headgear. Motorcycle rider organizations, allegedly representing
motorcycle riders as a class, have successfully defeated compulsory
helmet legislation in California on numerous occasions.
(It is
estimated that membership in the largest motorcycle rider
organization, American Motorcyclist Association, represents less than
one percent of the 750,000 California licensed motorcycle operators.)
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o The central thp-~
~as been based on the
of Oposition to Ollt<"-" helmet legislation:)
pre~ise t~at an individual's constitutional
ri9~t to indiscretion is violated by such legislation. Opponents have
argued that the state is exceeding the limits of police powers when it
enacts such legislation. Constitutional challenaes to compulsory
helmet leciflation have beer. raised in the appellate courts of at
least 35 states with only one state (Illinois) striking do~n
helmet-use statutes.
Constitutional challenges to state compulsory helmet legislation
poses the legal and philosophical question as to whether, and to ~hat
extent, goverr~,ent ~ayact to protect people from their 0~T.
indiscretions. The prep~nderance of judicial decisions directec to
this issue appears to have concluded that motorcycle helu.et la~s have
raised no constitutional issues; compulsory motorcycle hel~et statutes
are ~ithin the scope of legislative power; and the opponent's
argu~ents should be for the Legislature -- not the courts -- to
consider.
The efficacy--of helmet usage has been clearly established through
e~pirical research. The death/injury reduction potential of
cc~pulsory helmet legislation is in keeping with a state's police
power to enact laws -- within constitutional li~its -- to promote the
public health, safety, morals, or welfare. A viable case can be made
for the prer.ise that a substantial percentage of deaths and major head
trauma associated with motorcycle crashes could have been averted if
California would have enacted compulsory helmet legislation at an
earlier date. The people of California are in the main, law-abiding
o
citizens, and as 8uch it can be predicted that enac~ent of
o
~
~
helmet
legislation will result in near total compliance directed to a safety
measure designed for the best interests of the public.