Oh, helmet laws, helmet laws, helmet laws. The debate will forever continue on about whether or not there should be laws telling motorcyclists to wear a helmet. Attempts to change helmet laws will continue on as well. Currently, two states have come closer to repealing their helmet laws.
Delaware
Unique in this state, the current law doesn’t require motorcyclists to actually wear a helmet, but you must at least have a helmet on your motorcycle when riding it. So, cyclists that do not want to wear a helmet, have to purchase one as a bike accessory in order to not be breaking the law. Silly perhaps, but the argument can be made that requiring cyclists to have one in their possession while riding may increase the likelihood they will actually wear one without actually telling them that they have to wear one. Maybe this is an effective compromise or just the requirement of a motorcycle accessory.
Legislatures were trying to repeal this law, making it no longer mandatory to have a helmet on the bike while riding. It made it as far as the governor’s desk before being vetoed. So for now it is still not required that a person wear a motorcycle helmet in the state of Delaware, but it is still required that your motorcycle wear one.
Michigan
Where it gets a little more interesting though is in Michigan where the repeal of the mandatory helmet law could be felt by those that do not even ride a motorcycle. Currently in Michigan, helmets are required for all riders. But sitting on the governor’s desk is a bill that could repeal the law, making it legal for those 21 and older to ride without a helmet. What makes Michigan unique is the state’s unlimited personal injury protection benefits. Michigan is a no-fault state. That means that even if you are the one that caused the accident, you are only responsible for pain and suffering damages. Medical bills are paid by taxpayers if the motorcyclist does not have personal injury protection coverage. Those that oppose the helmet law repeal feel that the increase of catastrophic motorcycle injuries will end up costing the taxpayers more money. The governor has indicated using the bill on his desk as a means of fueling the debate on Michigan’s no-fault insurance laws. So this one still remains to be seen…..
The freedom versus safety debate shall continue on. Tell us what you think …