Subject:     BICYCLE ALERT:  Statewide Helmet Law
Date:        3/3/99 4:15 PM
Received:    3/3/99 4:44 PM
From:        Michael Bluejay, bluejay@mail.com
To:          bicycle@ccsi.com

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  March 3, 1999  *  bluejay@mail.com  *  michaelbluejay.com/bicycle
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The Bicycling in Austin Newsletter is published sporadically when I have time, but never more  than twice a month, so it won't overload your mailbox.  You're getting this newsletter either because you asked for it, or because I personally know you to be a member of the bicycling community whom I think would like to receive it.  If you no longer want the newsletter, just let me know.

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 NEW HELMET LAW THREAT
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Rep. Bill Carter has proposed a bill which would make it a crime for a person under 18 to ride a bicycle without a helmet.  This law would be in effect statewide.  Your help is needed to defeat this law, or to make it as less damaging as possible.

We think helmets are a good idea, but we think helmet LAWS are a terrible idea.  Here's why:

 * Wearing a helmet isn't the same thing as bike safety.  Wearing a
   helmet will do NOTHING to prevent a child from being hit by a car.
   If the State of Texas is REALLY interested in protecting our
   children, it will try to PREVENT kids from getting hit by cars,
   rather than forcing them to wear helmets and then HOPING they don't
   get hit.  Two ways they can do this are by ensuring that roadways
   are safe to bike on (bike lanes, wide outside curb lanes, etc.),
   and providing bike safety classes in public schools.

 * Laws like these unfairly target minorities.  When Austin had an
   all-ages helmet law, 70% of the tickets given to kids went to black
   and Hispanic kids.  When the law was amended to be for kids only,
   that figure jumped to 90%.

 * Helmet laws reduce bicycle use.  And what's worse, bicycling use
   among kids has already plummeted.  Only 10% of children walk or
   ride bikes to school today, down from 50% in the 60's. (Bicycling
   Magazine, March 1999, p. 14)  As our children learn to depend on
   cars, they'll continue to avoid bikes well into adulthood, smash-
   ing chances of getting the country to accept alternative methods
   of transportation.

 * Teenagers are likely to drive rather than be forced to wear a
   helmet.  And when there are more teenagers driving, the roads are
   more dangerous for EVERYBODY.

For these reasons and others, we normally oppose all bicycle helmet laws.  However, the proposed bill is so well supported that it's unlikely it can be defeated.  Since it looks like we're going to get a statewide helmet law for minors whether we like it or not, we've decided to push for amendments to make the law "less bad".  To that end, we're supporting the changes suggested by the Texas Bicycle Coalition, which appear below.

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 WHAT YOU CAN DO
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We strongly urge you to contact your legislators and tell them that you want the changes suggested by the Texas Bicycle Coalition.  (Of course, if you prefer, you can tell them that you oppose the helmet law in ANY form.)  Postal-mail letters get the most attention, followed by phone calls and emails.  Please contact both:

(1) THE BILL'S SPONSOR

        HON. REP. BILL CARTER
        Room GW.16, Capitol Building 
        Austin, TX 78701
        (512) 463-0482
        bill.carter@house.state.tx.us

(2) YOUR SPECIFIC REPRESENTATIVE

    To find out who your House Rep. is, go to:
    http://www.capitol.state.tx.us/fyi/fyi.htm

When contacting legislators, please be POLITE.  Nobody wants to change their mind when they feel insulted or threatened.

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 POSITION OF THE TEXAS BICYCLE COALITION
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TX Bicycle Coalition, PO Box 1121, Austin TX 78767; 441-6056, 441-7138/fax
Ê
The mission of the Texas Bicycle Coalition (TBC) is to advance SAFETY, ACCESS and EDUCATION for cyclists in Texas. The Board of Directors of TBC recognizes the critical importance of protective bicycle helmets in a comprehensive bicycle safety program which includes elements of Engineering, Education and Enforcement. 
Ê
In 1993 the Texas legislature passed HB 1978 which indicated the legislature's desire for the Texas Department of Public Safety (DPS) to produce a comprehensive bicycle safety curriculum. This bill was signed into law and became Chapter 758 of the Health and Safety Code. Unfortunately there was no funding provided for the development of the curriculum. In 1996, the DPS completed and published the curriculum, known as Neighborhood Adventures in Bicycle Safety, using federal funds administered by the Texas Department of Transportation. However, no funding was available for properly disseminating the curriculum and it has had limited effectiveness.
Ê
Legislation (HB 673) currently filed, proposes to amend Chapter 758 to make protective bicycle helmet use mandatory for cyclists under the age of 18. 
Ê
The Texas Bicycle Coalition believes strongly in the use of a bicycle helmet for all cyclists and encourages inclusion of helmet discussions in all education programs. This belief is so strong that the Board has voted to support mandatory helmet legislation which meets the following criteria:
Ê
  * be limited to children under 16;

  * remove the criminal penalty and substitute some form of mandatory education or community service for the child and parent;

  * provide, at a minimum, funding for subsidizing the purchase of helmets for children whose family cannot afford to purchase said helmets;

  * go into effect no sooner than one year after a school district has fully implemented the state approved education curriculum created by Section 758 of the health and safety code which the Texas SuperCyclist Project is currently making available to all school districts in Texas with an expected completion date of September 30, 2002;
Ê

This proposed amendment does not recognize or provide for funding of the critical elements of a comprehensive bicycle safety program. In addition to a lack of funding for the elements of a bicycle safety campaign, this legislation also does not provide for funding to provide helmets to children whose parents are unable to purchase a helmet except through fines which a rudimentary analysis shows will not be a viable avenue of funding.
Ê
The effects of this proposed legislation are broad and include the following:

  * by setting the age limit to "under 18" instead of "under 16" will encourage cyclists old enough to get their license to drive instead of ride their bicycles which is in direct contravention of the policies of the national Centers for Disease Control and Prevention and the Texas Department of Health which encourage physical activity for children;

  * by creating a law that is difficult if not impossible to enforce creates a potential for selective enforcement and charges of discrimination as helmet usage in under served communities in Texas is significantly lower than in communities with more affluent populations;

  * by criminalizing a child for not wearing a helmet may create a limit to the monetary relief a parent may be able to receive if that child is injured through the negligence of another party;


The Texas Bicycle Coalition also has concerns relating to the right of a parent to provide for a child's safety. However, we recognize that there are valid precedents where, in the interests of the safety of the child, a government has passed laws regulating a parents rights, i.e., immunizations, child safety seats, etc.
Ê
The clause that limits the liability of a bicycle retailer or rental firm is a positive step and should be included in any legislation dealing with any bicycle safety equipment mandated by legislation.


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 SAMPLE LETTER TO LEGISLATORS
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Dear Hon. Rep. Carter [or your specific Representative]:

I ride a bicycle, I wear a helmet, and I think others should wear helmets too.  But I do not think it should be a CRIME to ride without a helmet, no matter what the rider's age.

In Austin, since the city-wide all-ages helmet law was amended to apply only to children, 90% of the no-helmet tickets given to kids have been given to black and Hispanic kids.  A law like this just gives the police another excuse to harass poorer citizens.  I am certain that you do not want minority communities to associate you with pushing through legislation which impacts them in a negative way.

If you are truly interested in improving bicycle safety, I hope you will pursue the amendments suggested by the Texas Bicycle Coalition (TBC), which include:

  * substituting mandatory bike safety education instead of criminal penalties,
  * ensuring that bicycle safety is taught in public schools,
  * lowering the age from under 18 to under 16,
  * and other amendments.

Mandatory helmet usage will simply make teenagers decide to drive instead of to bicycle.  And when there are more teenagers out driving, that makes the streets more dangerous for EVERYBODY -- bicyclists or not.

I strongly urge you to include the provisions suggested by the Texas Bicycle Coalition in your bill.

Sincerely,


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