MOST WANTED
TRANSPORTATION SAFETY
IMPROVEMENTS

State Issues
Improve Motorcycle Safety


Importance

From 1997-2008, the number of motorcycle fatalities increased 150 percent, an increase that far exceeds that of any other form of transportation. Although the number of motorcycle fatalities decreased in 2009, the number of motorcycle fatalities in any recent year has been more than double the number of deaths the same year from accidents in aviation, rail, marine, and pipeline combined.

In 2009, more than 4,400 motorcyclists died in crashes, and motorcycle fatalities accounted for 13 percent of all motor vehicle crash fatalities. Although rising motorcycle use may partly explain this trend, increases in fatalities have outpaced increases in activity measures, such as motorcycle registrations and vehicle miles traveled.

According to the National Highway Traffic Safety Administration (NHTSA), head injury is a leading cause of death in motorcycle crashes. [1] The use of a safety helmet, one that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218, is the "single critical factor in the prevention [and] reduction of head injury." [2]

The effectiveness of appropriately designed motorcycle helmets in preventing and mitigating head injury is unquestionable. A 1991 report reviewing published studies concluded that motorcycle helmet use has lowered fatality rates, prevented serious head injuries, and reduced the need for ambulance service, hospitalization, neurosurgical intervention, intensive care, rehabilitation, and long-term care for motorcyclists injured in crashes. NHTSA estimates that motorcycle helmets saved the lives of 1,829 motorcyclists in 2008.

Safety Recommendations

Three recommendations are proposed for this issue area (H-07-38, H-07-39, and H-07-40). [3]

Safety Recommendation H-07-38 (require FMVSS 218-compliant motorcycle helmet)
H-07-38 (to the three states that do not require helmet use)
Issued: October 3, 2007
Status: Varies

Require that all persons shall wear a Department of Transportation Federal Motor Vehicle Safety Standard 218-compliant motorcycle helmet while riding (operating), or as a passenger on, any motorcycle. (Source: Letter of recommendation dated October 3, 2007, as a result of the Board's 2006 Public Forum on Motorcycle Safety)

Summary of Action

None of the three states have implemented this safety recommendation. In 2009 and 2010, Illinois and New Hampshire considered legislation to require the use of FMVSS 218-complaint motorcycle helmets.

Action(s) Remaining

Three states (IL, IA, and NH) should enact legislation to require motorcycle operators and passengers to wear an FMVSS 218-compliant helmet.

Safety Recommendation H-07-39 (require FMVSS 218 compliant motorcycle helmet)
H-07-39 (to the 27 states and 1 territory with partial motorcycle helmet laws) [4]
Issued: October 3, 2007
Status: Varies

Amend current laws to require that all persons shall wear a Department of Transportation Federal Motor Vehicle Safety Standard 218-compliant motorcycle helmet while riding (operating), or as a passenger on, any motorcycle. (Source: Letter of recommendation dated October 3, 2007, as a result of the Board's 2006 Public Forum on Motorcycle Safety)

Summary of Action

None of the states have implemented this safety recommendation. In 2009, three states (AR, HI, and PA) considered legislation to require that all persons wear an FMVSS 218-compliant motorcycle helmet while riding (operating) or as a passenger on any motorcycle.

In 2010, Pennsylvania and Guam considered legislation to require that all persons wear an FMVSS 218-compliant motorcycle helmet while riding (operating) or as a passenger on any motorcycle.

Action(s) Remaining

Twenty-seven states and Guam should amend their current laws to require all persons to wear an FMVSS 218-compliant motorcycle helmet while riding (operating) or as a passenger on any motorcycle.

Safety Recommendation H-07-40 (specify FMVSS 218-compliant motorcycle helmet)
H-07-40 (to states, the District of Columbia and territories that require helmets but do not specify FMVSS 218-compliant helmets)
Issued: October 3, 2007
Status: Varies

Amend current laws to require that all persons shall wear a Department of Transportation Federal Motor Vehicle Safety Standard 218-compliant motorcycle helmet while riding (operating), or as a passenger on, any motorcycle. (Source: Letter of recommendation dated October 3, 2007, as a result of the Board's 2006 Public Forum on Motorcycle Safety)

Summary of Action

In 2007, North Carolina and Puerto Rico amended their statutes to require that helmets meet FMVSS 218; the amendments were made before the recommendation was issued.

No state or territory has considered legislation in 2009 or 2010 to amend its current laws to require that all persons wear an FMVSS 218-compliant motorcycle helmet while riding (operating) or as a passenger on any motorcycle.

Action(s) Remaining

Seven states, the District of Columbia, and three territories (American Samoa, Northern Mariana Islands, and the U.S. Virgin Islands) should amend their current laws to require that all motorcycle operators and passengers wear an FMVSS 218-compliant helmet.

Footnotes

  1. NHTSA, Traffic Safety Facts, Motorcycle Helmet Use Laws, January 2006.
  2. H. H. Hurt, J. V. Ouellet, and D. R. Thom, Motorcycle Accident Cause Factors and Identification Countermeasures, DOT HS 805 862 (Washington, DC: National Highway Traffic Safety Administration, 1981).
  3. These safety recommendations were issued with a series of safety recommendations to improve motorcycle safety. The NTSB asked NHTSA to repriortize the National Agenda for Motorcycle Safety recommendations based on objective criteria and to implement an action plan to carry out those recommendations that are determined to be of high priority. The NTSB also asked the Federal Highway Administration to develop guidelines for the states to use to gather accurate motorcycle registrations and motorcycle vehicle miles traveled data.
  4. Partial motorcycle helmet laws apply to a certain segment of the population. For example, the state may only require operators and passengers under the age of 18 to wear an FMVSS-218 compliant helmet.