Traffic Safety Facts Laws DOT HS 810 887W January 2008 Use Laws

Background Key Facts passengers had worn The National Highway Traffic Safety n In 2006, 4,810 motorcyclists during that period, NHTSA Administration encourages each died and approximately 88,000 estimates that 12,320 additional State to have and enforce a law were injured in highway crashes lives would have been saved. requiring all motorcycle operators in the United States. n A study conducted at the and passengers to wear helmets n Per mile traveled in 2006, a University of Southern California, meeting Federal Motor Vehicle motorcyclist is approximately which analyzed 3,600 traffic Safety Standard (FMVSS) 218. 37 times more likely to die in a crash reports covering Motorcycle helmets provide the crash than someone riding in a motorcycle crashes, concluded best protection from head injury passenger car. that wearing helmets was the for motorcyclists involved in traffic single most important factor in crashes. The passage of helmet n Head injury is a leading cause surviving motorcycle crashes. of death in motorcycle crashes. use laws governing all motorcycle n A 1994 study by the National operators and passengers is n An unhelmeted motorcyclist Public Services Research the most effective method of is 40 percent more likely to Institute concluded that wearing increasing helmet use. Additionally, suffer a fatal head injury and 15 a motorcycle helmet does not NHTSA strongly supports percent more likely to suffer a restrict a rider’s ability to hear comprehensive nonfatal injury than a helmeted auditory signals or see a vehicle programs that include the use motorcyclist when involved in a in an adjacent lane. of motorcycle helmets and other crash. n safety equipment, rider education, All motorcycle helmets sold in n NHTSA estimates that the United States are required motorcycle operator licensing, and motorcycle helmets reduce the responsible use of alcohol. to meet Federal Motor Vehicle likelihood of a crash fatality by Safety Standard 218, which 37 percent. establishes the minimum level of n A Crash Outcome Data protection a helmet must afford Evaluation System (CODES) each helmet user. study found that motorcycle n Helmet use laws governing all helmets are 67 percent effective motorcycle riders (universal in preventing brain injuries and helmet laws) significantly Inside This Issue that unhelmeted motorcyclists increase helmet use and are involved in crashes were three easily enforced because of times more likely to suffer brain n Background riders’ high visibility. injuries than those wearing n n Key Facts helmets. Repeal of State universal helmet use laws has resulted in n Legislative Status n NHTSA estimates that from 1984 fewer riders wearing helmets. n Cost Savings through 2006 helmets saved the According to the National n References lives of 19,230 motorcyclists. Occupant Protection Use If all motorcycle operators and Survey, from 2000 to 2006, helmet use dropped from 71 Deaths increased by 24 percent that States that do not have percent to 51 percent nationally above what was expected from universal helmet use laws enact and remained at 51 percent in the increased registrations after them, and that all States require 2006. repeal of the all-rider motorcycle motorcyclists to use FMVSS n Data on crashes in States where helmet law, beginning before the 218-compliant motorcycle only minors are required to law was in effect in July. Fatalities helmets while riding (operating), wear helmets show that fewer in Florida per 10,000 registered or as a passenger on any than 40 percent of the fatally- increased 21 percent motorcycle. injured minors wear helmets compared to 13 percent nationally n After the first year of the even though the law requires for the two years before and after enactment of universal them to do so. Helmet laws that the law change—75 percent higher helmet use laws, the following govern only minors are difficult than the national rate. Unhelmeted reductions of motorcycle to enforce. deaths of riders under the age of fatalities occurred: Oregon, 33 21 increased 188 percent, even percent; Nebraska, 32 percent; n According to NHTSA’s 2000 though the law still applied to Motor Vehicle Occupant Safety Texas, 23 percent; Washington them. Costs to treat motorcycle State, 15 percent; California, Survey, public support for injures with head injury as the motorcycle helmet use laws in 37 percent; and Maryland, 20 primary diagnosis more than percent. the United States is strong, with doubled to $44 million (adjusted four out of five people (81%) 16 for inflation). Only one in four of n Since 1997, six States and older supporting such laws. injured motorcyclists who were (Arkansas, Texas, Kentucky, This support has changed little hospitalized had costs less than Louisiana, Florida, and from earlier occupant protection $10,000, the required level of Pennsylvania) have weakened surveys in 1998 (80%) and in medical insurance to ride without universal helmet laws to limit 1994 (82%). Support was more a helmet. The hospital discharge coverage to those under a prevalent among women (88%) data indicate that in the post-law specific age. These six States than men (72%), and among change period, approximately 63 were the first States since 1983 non-motorcyclists (83%) than percent of admitted motorcyclists to repeal or weaken a universal those who rode motorcycles were covered by commercial helmet law. In August 2004, (51%), with this gap seeming insurance ($31 million), 16 percent Louisiana reenacted a universal to have widened in the past self-paid because they were under- helmet use law. two years. Support was also insured or uninsured ($8 million), n Helmet use decreased following higher in States requiring all while the remaining 21 percent the changes in helmet laws riders to wear helmets (84%), had costs ($10.5 million) billed to in Arkansas and Texas. In the compared with States with charitable and public sources (e.g., first full year following repeal of lesser requirements (75%) or no Medicaid). the law, fatalities in Arkansas requirement (79%). increased by 21 percent, n Reported helmet use rates of compared with the fatality rate fatally-injured motorcyclists Legislative Status in the last full year under the in 2006 were 59 percent for n To date, 20 States, the District universal use law. In Texas, operators and 45 percent for of Columbia, and Puerto operator fatalities increased by passengers. Rico require helmet use for 31 percent compared with the all motorcycle operators and When Florida repealed its universal previous year when the universal passengers. In another 28 rider motorcycle helmet law in helmet law was in place. States, only those under a 2002, there were 40 percent n The 1998 universal helmet certain age, usually 18, are more motorcyclists admitted to law repeal in Kentucky and required to wear helmets. hospitals for treatment in the 30 the 1999 repeal in Louisiana Two States do not have laws months immediately following the produced similar effects to requiring helmet use. helmet law change compared those experienced by Arkansas to the 30 months just before the n On September 11, 2007, the and Texas. Observed helmet law change (4,986 versus 3,567). National Transportation Safety use dropped from nearly full Board (NTSB) recommended compliance under the universal law to about 50 percent without n The CODES study also found National Highway Traffic Safety the law. Motorcyclist fatalities that brain injury cases were Administration. increased by over 50 percent in more than twice as costly as Kentucky and over 100 percent non-brain injury cases for the NHTSA (1996b). The Crash in Louisiana. Injuries also one-year period studied. Among Outcome Data Evaluation System increased substantially in both the unhelmeted motorcycle (CODES): Technical Report. DOT States (48 percent in Louisiana inpatients, charges for those HS 808 338. Washington, DC: and 34 percent in Kentucky). suffering brain injuries were National Highway Traffic Safety The rates of fatalities and injuries 2.25 times higher than for those Administration. per registered motorcycle without brain injuries. Long-term NHTSA (1998). Without Motorcycle increased in both States costs were not included. Helmet Laws We All Pay the Price. following the helmet law repeals. n NHTSA estimates that DOT HS 808 600. Washington, DC: n A survey, conducted in Florida motorcycle helmet use saved National Highway Traffic Safety in 2002 following changes $1.3 billion in 2002 alone. Administration. in the State’s motorcycle An additional $853 million helmet law found 47 percent would have been saved if all NHTSA (2000). Evaluation of compliant helmet use, 6 percent motorcyclists involved in fatal Motorcycle Helmet Law Repeal noncompliant helmet use and crashes had worn helmets. in Arkansas and Texas. DOT 47 percent no helmet use. HS 809 131. Washington, DC: n NHTSA estimates that These results indicate that use National Highway Traffic Safety motorcycle helmet use saved of compliant helmets declined Administration. $19.5 billion in economic costs from 65 percent in 1998, use of from 1984 through 2002. NHTSA (2005). Evaluation of the noncompliant helmets has been An additional $14.8 billion Repeal of the All-Rider Motorcycle largely abandoned. would have been saved if all Helmet Law in Florida. DOT motorcyclists had worn helmets HS 809 849. Washington, DC: Cost Savings during the same period. National Highway Traffic Safety n Analysis of linked data from Administration. CODES in three States with References NHTSA (2006a). Countermeasures universal helmet laws showed GAO (1991). Report to That Work: A Highway Safety that without the helmet law, the Congressional Requesters Countermeasure Guide For State total extra inpatient charges due Highway Safety: Motorcycle Helmet Highway Safety Offices. DOT to brain injury would have almost Laws Save Lives and Reduce HS 809 980. Washington, DC: doubled from $2,325,000 to Costs to Society. GAO/RCED-91- National Highway Traffic Safety $4,095,000. 170. Washington, DC: U.S. General Administration. n A number of studies have Accountability Office. compared hospital costs for NHTSA (2006b). Motorcycles helmeted and unhelmeted NHTSA (1994). The Effects of Traffic Safety Fact Sheet. DOT motorcyclists involved in traffic Motorcycle Helmets Upon Seeing HS 810 620. Washington, DC: crashes. These studies have and Hearing. DOT HS 808 399. National Highway Traffic Safety revealed that unhelmeted Washington, DC: National Highway Administration. riders involved in crashes are Traffic Safety Administration. less likely to have insurance NHTSA (1996a). Report to and more likely to have higher Congress on the Benefits of Safety hospital costs than helmeted Belts and Motorcycle Helmets. riders involved in similar DOT HS 808 347. Washington, DC: crashes. State Motorcycle Helmet Use Requirements

20 States, DC, and P.R. 27 States Require Use for a Specific Segment Require Use for All Riders of Riders (Usually Under Age 18) Alabama Nevada Alaska New Mexico California New Jersey Arizona North Dakota District of Columbia New York Arkansas Ohio (5) Georgia North Carolina Colorado (9) Oklahoma Louisiana Oregon Connecticut Pennsylvania (8) Maryland Puerto Rico Delaware (1) Rhode Island (6) Massachusetts Tennessee Florida (2) South Carolina Michigan Vermont Hawaii South Dakota Mississippi Virginia Idaho Texas (7) Missouri Washington Indiana Utah Nebraska West Virginia Kansas Wisconsin Kentucky (3) Wyoming Not Required In 3 States Maine (4) Illinois Minnesota Iowa Montana New Hampshire (10)

1. Required for operators and riders under 19; helmets must be in the possession of other riders, but use is not required. 2. Required for all riders 21 and under, for those over 21 without $10,000 of medical insurance that will cover injuries resulting from a motorcycle crash. 3. Required for operators and passengers under 21, operators with an instruction permit, and licensed operators with less than one year’s experience. 4. Required for operators of off-road motor vehicles under 15 years of age, and operators with a learner’s permit or with one year of successfully completing a driving test, and passengers of operators required to wear a helmet. 5. Requested for operators and passengers under 18, and “novice” operators, and all passengers of such operators. 6. Required for operators under 21, first-year operators, all such passengers of such operators. 7. Required for operators and passengers 20 and under and those who have not completed a motorcycle operation training course or who do not have at least $10,000 medical insurance coverage for injuries incurred as a result of an accident while operating or riding a motorcycle. 8. Required for operators and passengers under 21, people 21 or older licensed for less than two years, and people 21 or older who have not completed an approved motorcycle rider safety course. 9. Required for operators under and their passengers under 18. 10. Previously required for drivers and riders less than 18 years of age but voided when Federal law no longer required helmet use.

This report and additional information are available from your State Highway Safety Office; the NHTSA Regional Office serving your State; or from NHTSA Headquarters, Office of Safety Programs, ATTN: NTI-121, 1200 New Jersey Avenue SE., Washington, DC 20590; 202-366- 9588; or NHTSA’s Web site, www.nhtsa.gov.