NTSB
Helmet Law Recommendations
The information in this article was taken from several
reports issued by the Motorcycle Riders Foundation from September 12, 2007 to
December 12, 2007
The National Transportation
Safety Board issued recommendations to all states to require all motorcyclists
and their passengers to wear Department of Transportation Federal Motor Vehicle
Safety Standard (FMVSS) 218-compliant helmets.
The recommendations were
issued at their public meeting on September 11, 2007.
The NTSB has a concrete set
of instruction when it comes to issuing safety recommendations for every type
of tragic accident except motorcycles.
When issuing safety recommendations for most modes of transportation the
NTSB relies on it's field investigators, PhD researchers and professional staff
to carefully gather information and decipher what is fact from fiction.
However, for this set of recommendations the NTSB relied on the tired,
antiquated, already existing research.
The NTSB has investigated
just 6 actual motorcycle accidents in their 40-year history. A wide divide from
the 134,000 other accidents they have investigated over the same period of
time.
At the September 11, 2007
board meeting they admitted that they had come to the recommendations in a way
that was outside of normal operating procedures.
It is our position that the
NTSB is proposing to directly lobby the states with federal tax money based on
poorly drawn conclusions, using a very narrow scope, and not employing the
rigors of research to which they normally hold themselves.
We will go on record, as
stating that we will not rule out asking Congress to take action against the
NTSB, as we have done with NHTSA in the past, should they continue to ignore
the spirit of previous congressional mandates against federal agencies lobbying
states on mandatory helmet laws. The
NTSB is not part of DOT, or affiliated with any of its agencies.
On November 15, 2007 the MRF held a press
conference to inform the public of the MRF's position on the NTSB's recommendations
and to express appreciation to Congressmen sending letters on behalf of
motorcyclists. The event was also an opportunity for members of Congress to go
on the record in support of responsible and appropriate motorcycle safety
measures.
Congressman Zack Wamp (R-TN), in attendance at
the event, had this to say about owning, riding and modifying motorcycles,
"This is a slice of American history. And I hope that in this day of
political correctness, we don't forget that. Exactly what bikes mean in terms
of American history and liberty and freedom and all those things that we hold
dear. Because this is something that the people around the rest of the world
look at America and identify us with and it's important to preserve it."
Perhaps Congressman Tim Walberg (R-MI), who was
also in attendance, said it best when he said, "While we can debate the
issue of the necessity of a helmet or the lack of a necessity of a helmet, it
would be better that we debated the issues and work together on putting something
between the ears as opposed to on our head. Those are the issues of concern
that make a difference."
In early December 2007
representatives from the MRF, ABATE of Florida and NCOM (National Coalition of
Motorcyclists) met with National Transportation Safety Board (NTSB) Chairman
Mark Rosenker, Vice Chairman Robert Sumwalt, the Chairman's chief counsel, and
some of the lead researchers at the NTSB headquarters in Washington DC. The meeting spanned a full three hours. While encouraged about opening a line of
communication and NTSB’s pledge to work with the motorcycling community on
things like crash avoidance and current motorcycle crash data, the MRF reports
that NTSB stands behind their recommendations.
As of December 12, 2007,
eighteen members of Congress have sent letters on our behalf to the NTSB
chairman including two from Illinois John Shimkus and Mark Kirk. All of the congressional letters are
important, but a few of them have some distinctive roles. For instance, House subcommittee on Highways
Chairman DeFazio (D-OR) and Ranking Member John Duncan (R-TN), House Committee
on Appropriations Chairman David Obey (D-WI), and House Committee on Veterans
Affairs Chairman Bob Filner (D-CA) have all sent letters.
Congressman Obey is one of
the most influential members of congress, chairing the committee that oversees
government spending. It is uncommon for a committee chairman to take such
action.