Burden On Society

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Are We A Burden on Society?

During the 1998 & 1999 legislative sessions House Bill 457 and Senate Bill 958, were introduced to repeal Florida's mandatory helmet requirement for motorcyclists age 21 and over.  As the session progressed, amendments were added on these bills that required those 21 and over, who choose to ride without a helmet, to obtain $10,000 of medical insurance covering injuries sustained in a motorcycle accident.  To put this another way, those riders that choose to wear a helmet would not have to carry any insurance at all.  Do you see any fairness issues in this?  Unlike Texas and Kentucky stickers would not be required but proof of medical coverage would have to be provided upon demand to law officials.

The bills had made good progress and passed all of their respective committees.  They were awaiting final votes on the Senate and House floor when the legislature adjourned.  They both died on the floor.  New bills were introduced and the process began again in March 2000.  What amendments will we be looking at this session?

Had those bills passed, It would have allowed bikers 21 and over to ride without a helmet but only with proof of insurance on their person.  This would create a new problem for Florida's motorcyclists.  Economic conditions such as insurance requirements on voluntary helmet use are unfairly discriminatory.  There is no data to support an insurance requirement.  They presume motorcyclists to be a social burden, which we are not.  Would we be able to ride without a helmet?  No, not unless you have the additional insurance.  Now the law is dictating where you spend your money to enjoy the freedom to ride helmet free.  As I see it, not only would we not have the right to voluntary choose to wear a helmet, we also would be required by law to purchase what might be excess insurance coverage.  And what happens if my insurance is canceled or I otherwise lose my health insurance?  I guess I'm right back where I started.  All I'd like to do is be a responsible adult and make my own decision.  But not at the expense of the government telling me where to spend my money.

Just as alarming is how would this law be enforced if those bills became law.  One way could be to stop any motorcyclist not wearing a helmet and ask to see their proof of insurance.  If you don't think this is going to happen then you forgot the road blocks on A1A in Dade County County checking for DOT headgear.  Just as in Texas and Kentucky, it will be open season for unwarranted stops and harassment by law officials on any motorcyclist riding without a helmet.  Is this what we want?  How much freedom do we have with insurance requirements?  Just ask the bikers in Kentucky, Louisiana  and Texas.

Some argue that, "a bill with insurance requirements will be vague and unenforceable so it wont be a problem to have the requirement removed in future legislation."   Let's not forget that 316.211 has been ruled unenforceable for at least the past four years.  A recent DCA decision upheld a lower court ruling in effect making the law unenforceable.  Yet the law still exists and we are still being ticketed for not wearing a helmet or wearing an improper helmet.

Some say we can get the insurance requirement removed with future legislation.  Here's what's going on now in Texas.

The helmet modification bills passed in Kentucky, Louisiana  and Texas are also creating problems in helmet free states.  In New Hampshire a bill was introduced to add insurance requirements to their already existing freedom of choice law.  Fortunately it failed.

Some say this is the only way to get the measure to the Governor to sign.  But it is a big price to pay.  Motorcyclists are not a burden to society.  Adults should have the right to make the decision regarding helmet use for themselves, free of governmental mandates and economic conditions.  We must not separate unhelmeted motorcyclist from the rest of society.  A helmet law with insurance requirements is still A HELMET LAW.  We have the data available to prove we are a better risk than the average pedestrian or automobile motorist.  We must do what ever possible to see that the bills submitted in the upcoming session do not have insurance amendments added on to them.   Take the following steps:

1. Call, write or email, and visit your Senator and Representative at their home district office.  Identify yourself as a motorcyclist opposed to the Florida helmet law.  Let your legislators know that you want them to support helmet repeal in Florida but oppose any require insurance provisions.  Back up your opinion with the information on this site and the links on this site.

2. Write letters or email the sponsors and co sponsors of the introduced bills in the House and the Senate asking them not to allow any insurance amendment on their good bill.   The new bill numbers are HB0117 and SB0126.

3. Write letters or email Senate President, Speaker of the House and the House Rules Committee Chairman .  Let them all know your concerns about the burden to society issue, and that you are adamantly opposed to these arbitrary insurance provisions.

4. Send a letter or email Governor Bush.   Let him know you appreciate his past support on this issue and  ask him to continue to work with the legislature to bring about an unencumbered repeal of the mandatory helmet law for Florida's adult motorcyclists.

Please give me any comments or additional information you would like to share on this issue.

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