July 15, 2013 2:30 PM PDT
NASHVILLE — A proposal to do away with the state’s motorcycle helmet law passed a Senate panel Wednesday despite Gov. Bill Haslam’s opposition.
The proposal sponsored by Republican Sen. Mike Bell of Riceville was approved 6-3 in the Senate Transportation Committee.
Thirty-one states allow riding without a helmet, Bell said.
Under his proposal, a person would be required to have $25,000 in additional medical coverage, a minimum two-year motorcycle license, have taken a motorcycle riding course, and be at least 25 years old.
The purchase of a $50 sticker to go on the helmet would also be required. Forty dollars of that would go to trauma centers.
Supporters have questioned the safety benefits of helmets and argued that ending the law would boost motorcycle tourism to Tennessee.
Opponents say not wearing a helmet will lead to more deaths and higher costs to trauma hospitals.
Sen. Todd Gardenhire testified before the committee and said his district has one of the top trauma hospitals in the state and that it would be among those affected if the proposal becomes law.
“Even with helmets on, there’s an enormous cost to the trauma centers that have to pay indigent care,” said the Chattanooga Republican, who wore a motorcycle helmet during his testimony. “And that’s just not fair.”
The measure is one of at least 22 bills Haslam has given so-called “philosophical flags,” stating an administration representative will seek a meeting with the lawmaker for discussion.
Bell said after the vote that he’s received flag letters from the Republican governor before.
“I understand the governor doesn’t like the bill,” Bell said. “But this bill has passed the Senate at least on two prior occasions, and I expect it’s got a good chance to pass the Senate again.”
A similar proposal was withdrawn from the legislative process last year.
At the time, a legislative analysis of the measure projected that changing the law would lead to an increase in traumatic brain injuries, carrying a $1.1 million price tag for TennCare, the state’s expanded Medicaid program.
July 15, 2013 4:59 PM PDT
Jimmyacorn
Thanks for the concise rundown. So, I take it, a traffic officer would not be able to determine DOT approval, or lack of approval, by brand of helmet. So, I would assume, only the presence or absence of a DOT sticker would be used to determine the legality of a particular helmet if the officer is standing alongside the road when making the determination. Is that sorta correct?
July 16, 2013 1:57 AM PDT
Jimmyacorn
Thanks for the concise rundown. So, I take it, a traffic officer would not be able to determine DOT approval, or lack of approval, by brand of helmet. So, I would assume, only the presence or absence of a DOT sticker would be used to determine the legality of a particular helmet if the officer is standing alongside the road when making the determination. Is that sorta correct?
Yep, that's pretty much the gist of it all. Many novelty helmets actually have (although illegal) DOT stickers and the LEO cannot make a determination on the legality of the helmet. In most mandatory states an officer cannot stop you solely to check out your helmet. In free choice states where additional insurance is required an officer cannot stop you solely to check on your insurance.
In Tn. , the proposed helmet law revision where a prevision that requires an additional $25K in medical insurance will/should be challenged as unconstitutional on the basis that it is discriminatory against bikers. It may also be unenforceable. However, it is a foot in the door for freedom of choice advocates and may be over-turned at a later date; which was the case in Kentucky if I'm not mistaken. Florida has a medical insurance requirement but does not use the language "additional". I believe, however, this is being challenged.
I thought this was interesting and wondered who the hell thought to put this in legislation? "You can't ride side-saddle in Ohio".
July 16, 2013 2:05 AM PDT
Too many laws in this Country trying to look after the welfare of the citizens. I've been on this sight a while now and I think that you citizens can take care of yourselves. Helmet laws suck! The right to wear one? A priviledge of U.S. commerce.
July 17, 2013 2:17 PM PDT
I feel it should be your Choice I choose to wear That being said here is a Quote for Lamar Alexander on a FISHING BILL but yet Tennessee says you must wear WTF
“We don’t want a government that’s strong enough to make our lives risk-free. We can do that for ourselves,” says Alexander in the ad, which touts his work to pass a measure that placed a two-year moratorium on efforts to restrict fishing access in certain areas in the state. I will Be asking him personaly about the helment law in Tennessee
August 29, 2013 10:38 AM PDT
As I mentioned in an earlier post I have always worn a helmet although for the most part it was a half helmet. Then we had our accident and we decided to go to helmets that provided a little more protection. I got me new helemt today and I love it. It has been years since I have worn a helmet with so much coverage and back then they were heavy and very uncomfortable.
After trying on probably 50 helmets I decided to go with the HJC 3/4 helmet (which is the same on Harley sells with their logo). I found it at HelmetCity.com for just $130. It is super comfortable and with the ventilation system not that hot either.
An most of all, I think I look damn good in it!!!!
August 29, 2013 7:27 PM PDT
Here in Georgia it is required by law to have a DOT sticker on the helmet and must be seen at all times. If I could I would mostlikely use a off brand one because I could. But I still think everyone should have the right to make their own choice and not have it made for them.
August 29, 2013 11:53 PM PDT
choice would be no helmet but not allowed in tn , so that also means no novelty , only dot unless you want to spend $ 250 for a ticket to show you have more balls than brains or more cash than you have of the other 2 . LET THE RIDER DECIDE !
August 30, 2013 3:25 AM PDT
Have wondered about the wording of the law regarding alteration of a helmet. Anyways, how would a lawman along side the road be able to make that determination? In my crowd we remove the fabric liner and,using a rotary tool, thin out the Styrofoam in the area above the head. Usually until it is about 1/4 inch or so thick at the top. At least an inch or so is removed especially with the later model offerings. Makes the helmet sit a lot lower so that the wind does not so easily try to lift the helmet and scoot it rearwards. Also has the added advantage of not looking so high above the head which, although we have in large measure gotten used to it, makes the modern helmets sit really real high on the head rather than simply 'covering' the head. Most new helmets are now so thick at he top that they sorta make the helmet look like an ant carrying a biskut. Another advantage is to make the interior of the liner fit the head a heck of s lot better.
Also: If the limp wrested liberal song and dance is that not wearing a helmet costs society an excessive amount [over and above the goodie-to-shoes that religiously wear them] then something has sure gotta be done with the hordes of tubbys that swarm the streets. A large portion of our medical tax dollars are being used as blotters to soak up the lard. Drive by even a high school and what do you see? And they only get worse with age. Every disease or malady that humans have is made much worse by obesity. First things first....put in jail and levy fines upon the 'tanks' that are crippling our health care systems. Overall, the Helmet or no Helmet issues is a minor and esoteric subject when scrutinizing health care costs. But real problems, such as super -fat people are never mentioned.
August 30, 2013 5:32 AM PDT
I have an idea...have the obese people that ride the courtesy scooter at the food market wear a helmet and pay a state fee...that would ease some of that financial burden. They already have back up warning indicators on them. Seems to fit the same logic.
August 30, 2013 6:50 AM PDT
there are pros and cons to both sides
I'm pro choice in most everything. As long as it neither picks my pockets or breaks my arm.
That being said, if you choose not to wear a helmet, should your insurance rates be higher.
Over the, more than, 50 years I've been riding two incidents stand out in my personal experience.
I have one friend that died from from a broken neck, due the the extra weight of the helmet, that his neck was not 'designed' for. I also have an old riding partner that will never be quite the same due to a head injury from getting knocked over while waiting for a light to change.
This was before insurance was mandatory in this state (WA).
Mikey, no helmet, had insurance, but only collision, no medical.
Jonjon had no insurance.
My question is
If you choose to not wear a helmet, should you pay a higher insurance premium?
I would most likely wear one, even if it wasn't mandatory.
I would like to have the choice, though!!!!!
August 31, 2013 1:16 PM PDT
September 1, 2013 3:23 AM PDT
Glad everyone agrees on freedom to choose. This is a argument for argument sake. Its a no winner.