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Updated July 2001

By Melissa Savage, Policy Specialist and Irene Kawanabe, Policy Associate

Overview
Federal Action
State Action
Evidence of Effectiveness
Conclusion
Helmet Use Requirements (Chart)

Overview

Thirty million motorcyclists drive on the roads and highways of the United States. Each year approximately 2,100 motorcycle riders are killed in motorcycle crashes, according to the National Highway Traffic Safety Administration. In fact, riders are 16 times more likely to die in a crash than passengers in a car. Twenty percent of motor vehicle crashes result in serious injury or death, while 80 percent of motorcyclists involved in crashes will suffer injury or death.

In order to reduce the percentage of deaths and injuries from motorcycle crashes, many states have established safety programs. These programs address the importance of using helmets, licensing correctly, educating riders and avoiding alcohol.

This report will provide an overview of motorcycle safety including regulations and guidelines established at the federal level and information concerning state policy and laws addressing motorcycle safety and the effectiveness of these laws.

Federal Action

The National Highway Traffic Safety Administration (NHTSA) is the arm of the U.S. Department of Transportation (DOT) responsible for establishing guidelines and regulations regarding transportation safety. Motorcycle safety is one area in which NHTSA has established recommendations to reduce deaths and injuries caused by motorcycle crashes.

Despite the best prevention efforts, motorcycle crashes do occur. NHTSA recommends the use of protective clothing, including helmets, when motorcycling. Full-fingered gloves, long-sleeves, long-pants and over-the-ankle sturdy footwear are also suggested.

Helmets are by far the riders' most important safety equipment because they guard against injuries to the head and brain, according to NHTSA. All helmets sold in the United States must meet Federal Motor Vehicle Safety Standard No. 218.

From 1992 to 1995, as part of an incentive package for states to pass motorcycle helmet laws covering all riders, the Intermodal Surface Transportation Act provided for the transfer of federal funds from highway construction accounts to highway safety accounts in states without all-rider helmet laws. The National Highway System Designation Act of 1995 repealed these sanctions.

NHTSA recommends a comprehensive approach to motorcycle safety including providing education, improving proper licensing, reducing alcohol and drugs, and increasing overall motorcycle awareness to those sharing the roads with cyclists. NHTSA recommends that each rider attend a nationally recognized rider education program taught by trained instructors that would teach the basic skills needed to safely operate a motorcycle.

NHTSA reported in 1997 that nearly 20 percent of all motorcyclists are either unlicensed or improperly licensed and more than 35 percent of motorcyclists involved in fatal crashes were not licensed at all. Together with the American Association of Motor Vehicle Administrators, NHTSA has written a manual for state motor vehicle administrators interested in revamping or developing motorcycle licensing programs. The manual is intended to be a model licensing system for motorcycle operators.

Nearly all motorists are aware of the problems associated with driving under the influence. Because of this strong public awareness, driving under the influence has become socially unacceptable. Many people are aware that drinking alcohol inhibits judgment, reaction time and general awareness3/4 skills necessary to safely drive a motor vehicle. Driving a motorcycle while impaired is even worse because, operating a motorcycle requires even more coordination and awareness, than driving a car.

NHTSA recently conducted focus groups with motorcyclists to learn more about the relationship between alcohol and motorcycling. For example, it was learned that most drunk-driving messages are not designed to target motorcycle riders and for that reason these messages have little effect on riders. The focus group expressed little concern over the possibility of death or injury and expressed more concern over possibly damaging or losing their motorcycle.

Recently NHTSA announced plans to fund state programs designed to reduce motorcycling under the influence. Studies have shown that motorcyclists involved in fatal crashes have a higher rate of intoxication. During 1997, for example, 876 motorcyclists died in single vehicle crashes, 44 percent of these riders were intoxicated. During the same year, more than 43,000 fatal motor vehicle accidents occurred; 38.6 percent of those were alcohol related.

In 1996, NHTSA provided funding to three programs that addressed impaired motorcycling issues. A review of the programs found that the most effective were started at the local level and contained print and video components and created partnerships with local law enforcement, riding groups, restaurants and bars.

NHTSA has developed materials to help law enforcement detect impaired motorcyclists. Together with rider organizations, they've worked to create a public information and education campaign explaining the consequences of operating a motorcycle while under the influence.

State Action

Twenty states, Puerto Rico and the District of Columbia require all riders to wear helmets. Colorado, Illinois and Iowa do not mandate any helmet use. The 27 other states require that a specific segment of riders wear them, usually those under age 18. Each year, many bills are introduced in state legislatures across the country that deal with helmet laws, more than 35 in 2000.

Since the lifting of the federal mandate for helmet use laws, four states have relaxed their provisions. Texas and Arkansas were the first, changing helmet requirements from all riders to those under a certain age. Texas law also states that motorcyclists who have not completed a rider-training course or do not have $10,000 in medical insurance coverage must wear helmets. Kentucky requires riders under age 21, riders operating with an instructional permit, those with less than one year of experience, and riders who do not provide proof of health insurance to the county clerk to wear helmets. Louisiana modified its law in 1999 to allow riders 18 or older to go without a helmet if they have medical benefits of at least $10,000 for bodily injury.

The Missouri legislature passed a bill in 1999 to ease helmet use requirements but Governor Mel Carnahan vetoed it, citing the public costs of medical treatment for those who survive a motorcycle crash.

Another area where state legislatures have grappled with the issue of motorcycle safety is through laws with specific licensing and education requirements. As of 1999, 47 states have state-funded motorcycle safety programs and all states require a special endorsement to operate a motorcycle. Oklahoma recently created a state sponsored rider-training program. Nearly all states provide a motorcycle operator learner's permit. These permits are valid for varying lengths of time ranging from 60 days to two years. In most states, the learner's permit is accompanied with various restrictions including supervised riding, knowledge and skills tests, times of operation, passenger restrictions and mandatory helmet and eye protection use.

One way to decrease the likelihood of a motorcycle crash is to ensure that the rider has learned the skills necessary to safely operate a motorcycle. To help motorcyclists learn these skills, 47 states provide state-funded motorcycle education programs. During the 1980s, the Motorcycle Safety Foundation developed model legislation regarding state-funded motorcycle rider education programs. The foundation designed this model legislation as a tool for state legislators interested in motorcycle safety. Rider education programs provide basic lessons on how to operate motorcycles on streets and highways. Some states require rider training for individuals under a certain age before they receive their learner's permit. In some states, the skills test required for licensing can be waived and insurance rates can be reduced if the rider has successfully completed a rider training course.

In Hawaii and Washington, motorcyclists are prohibited from riding with children. Hawaii law prohibits passengers under 7 years, Washington, prohibits children under age 5.

Evidence of Effectiveness

Safety advocates and motorcycle enthusiasts disagree about the effectiveness of helmet use laws. The National Highway Traffic Safety Administration studied motorcycle crash hospital data in Hawaii, Maine, Missouri, New York, Pennsylvania, Utah and Wisconsin. The research showed that helmets are effective in preventing injuries and death in general, but were most effective in preventing brain injuries. Helmets are 29 percent effective in preventing death, but 67 percent effective against brain injuries. Unhelmeted injured riders are three times more likely to suffer brain injury as opposed to helmeted riders. In addition, head injury is a leading cause of death for motorcyclists. There were 50 deaths per 100,000 registered motorcyclists in 1997 as compared with 18 deaths per 100,000 in cars, according to the Insurance Institute for Highway Safety.

NHTSA also surveyed helmet use. In states with a law requiring all riders to use headgear, helmet use was almost 100 percent. In states with no laws or laws directed at only minors the use rate ranged from 34 percent to 54 percent. Crash data indicated that in states where only minors must wear helmets, fewer than 40 percent of the fatally injured riders actually wore one. Enforcement is easier when all riders must wear helmets because of their high visibility.

Another argument used in favor of helmet use laws is the high cost of injuries. Brain injuries are more than twice as costly as other injuries according to the NHTSA crash data. NHTSA estimates the use of helmets saved $646 million in 1997.

The American Motorcyclists Association and other rider groups argue that preventing accidents is critical and that mandatory helmet laws do nothing to reduce crashes. Instead, motorcycle safety training and education of drivers about motorcycles would be more effective since the drivers of cars cause many of the crashes. Motorcycle groups contend that helmet laws interfere with their freedom. Adults are capable of assessing risks and making their own decisions about wearing a helmet. The American Motorcyclist Association encourages helmet use but opposes mandatory laws. They do not oppose laws to require their use for minors.

These groups also challenge the "social burden" of the medical costs argument. They contend that this rationale is not persuasive because motorcycles represent a very small percentage of the vehicles in accidents nationwide.

Some states attempt to improve motorcycle safety through a variety of programs designed to target dangerous motorcyclists. Illinois, for example, has a program known as the Cycle Rider Safety Training Program. This program was established in 1976 after the Illinois Department of Transportation found that motorcycle ridership was increasing as well as the numbers of crashes and fatalities involving motorcycles. The research in Illinois showed that most motorcyclists were riding without training and that more than 90 percent were self-taught. Through the Cycle Rider Safety Training Program, the state of Illinois was able to educate 136,800 students between 1976 and 1996. And, from 1976 to 1995 motorcycle crashes in Illinois decreased more than 45 percent and fatalities decreased 57 percent.

The American Motorcyclist Association believes that training and education programs for motorcyclists are good, however, they believe that states should not pass laws requiring mandatory rider training programs. They believe that these training programs should be offered as a licensing incentive. In other words, if the motorcyclist completes a rider education course, then he should be able to receive his license immediately.

Several drunk driving programs have been designed to inform the public about the hazards of drinking and driving but few programs have been established to educate the public about the problem of riding a motorcycle under the influence. In Wisconsin, the rider education program has developed a course on motorcycling under the influence. To have a real-life emphasis, the course illustrates the process a motorcyclist goes through when arrested for riding under the influence of drugs or alcohol.

A nonprofit organization in Minnesota has established a toll-free number that motorcyclists can call when they have had too much to drink. Volunteers from the organization will make sure the rider and his or her bike get home safely. AAA has created a partnership with New Jersey to instruct tow truck drivers on the safe way to tow motorcycles without causing damage. The New Jersey motorcycle safety program followed up by providing a listing of trained tow truck companies to bars and restaurants as a service to the motorcyclists. Although there is no information on how often these programs are used, they do provide examples of what some states are doing to combat the problem of riding under the influence.

The Motorcycle Safety Foundation includes a module on impaired driving in their basic rider education course. The module emphasizes the effects of alcohol on the rider, the ability to maintain control of the motorcycle while under the influence and discussions regarding the consequences of riding under the influence.

Conclusion

Riding a motorcycle requires tremendous skill and awareness. Motorcycles can travel at high speeds without much protection. Motor vehicles weigh more, have greater stability and many include safety features like seat belts and air bags. Motorcycle crashes are violent events; 80 percent of riders involved in a crash are either injured or killed.

State laws requiring training programs for riders, licensing and helmet laws help to reduce injuries and fatalities in motorcycle crashes. State laws requiring special endorsements to operate a motorcycle and mandatory rider education have helped to ensure that motorcyclists learn the skills necessary to safely operate a motorcycle. Through these programs riders are educated about the effects of alcohol and the consequences of riding a motorcycle while impaired. Rider education, state licensing laws and mandatory helmet laws help to increase the level of motorcycle safety and decrease deaths and injuries associated with motorcycle crashes.

Links

American Motorcyclists Association
Insurance Institute for Highway Safety
Motorcycle Riders Foundation
Motorcycle Safety Foundation
National Highway Traffic Safety Administration

For Additional Information

Melissa Savage, Policy Specialist, (303) 364-7700, ext. 174
Irene Kawanabe, Policy Associate (303) 364-7700, ext. 272

Helmet Use Requirements

1. Riders under 19 must wear helmets and helmets must be in the possession of other riders, even though use is not required.
2. Required for riders under age 21, riders operating a motorcycle with an instruction permit, riders with less than one-year experience, and/or riders who do not provide proof of health insurance to county clerk.
3. Riders under 18 must wear helmet and those who do not have $10,000 health insurance policy with medical benefits of at least $10,000. Proof of policy must be shown to law enforcement officer upon request.
4. Required only under 15 years of age, novices, and holders of learner's permits.
5. Riders under 18 and first year novices are also required to wear helmets.
6. Riders under 21 and first year operators must wear helmets.
7. Riders 20 and under and those who have not completed a rider training course or who do not have $10,000 medical insurance coverage.

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