Legislature Repeals Nebraska’s Motorcycle Helmet Law

By Gordon HopkinsA transportation bill, LB (Legislative Bill) 138, was amended last week on final reading in the Transportation and Telecommunications Committee to included LB 91, to repeal Nebraska's motorcycle helmet law. On Wednesday, May 31, LB 138 passed with a vote of 41 to 0.LB138 was originally introduced by former Senator Suzanne Geist, who resigned this year to run for Mayor of Lincoln. The bill is now sponsored by Lincoln Senator Carolyn Bosn and is an annual “clean-up” measure to ensure state transportation law with federal requirements.LB 91, sponsored by Senator Ben Hansen, would allow an individual age 21 and older who has completed a certified motorcycle safety course to ride without a helmet. The rider would be required to wear protective eye equipment.Senator Wendy DeBoer, who supported the amendment, said, “The government should not be involved in these personal decisions.”“Government tells us to wear seatbelts. Government tells us to obey the speed limits. They tell us to obey stop lights,” pointed out Senator Mike Moser, in opposition to the amendment. “Government tells us what to do all the time.”PetitionPreviously, a repeal of the helmet law in Nebraska was attempted via petition. Nebraska is one of 24 states that allow citizens to initiate legislation through the petition process.Had it been approved by the voters, the Motorcycle Helmet Initiative, would have eliminated the helmet requirement for autocycles, motorcycles and mopeds, but would have required eye-protection in place of a helmet.The petition did not make it onto the ballot.AAAOn Tuesday, May 30, Nebraska AAA (American Automobile Association) issued a statement in opposition to the amendment, which said in part, “Motorcycle helmets reduce the risk of head injury by 69 percent and lower the risk of death by 42 percent. In 2020, states without universal helmet laws saw a 57 percent death rate among motorcyclists who were not wearing helmets, compared to 11 percent in states with universal helmet laws, according to the National Highway Traffic Safety Administration. From the Government Accountability Office, 'laws requiring all motorcyclists to wear helmets are the only strategy proven to be effective in reducing motorcyclist fatalities.' After Michigan weakened its all-rider helmet law in 2012, the percentage of non-helmeted crash scene fatalities quadrupled, and the number of motorcyclist trauma patients hospitalized with a head injury rose 14 percent.”AAA cited statistics from other states.“Missouri elected to remove their helmet law in 2020. Preliminary data over the last three years shows an increase in un-helmeted rider fatalities. An increase of nearly 800 percent compared to the same time frame before the helmet law repeal,” the statement noted. “Multiple studies of states that have repealed their motorcycle helmet law show an increase in rider deaths, serious and disabling brain injuries and medical costs, which are usually borne by taxpayers and the state. Annually, motorcycle crashes cost $13 billion in economic impact and $66 billion in societal harm, as measured by comprehensive costs based on 2010 data. When adjusted only for inflation, these amounts increase to $17 billion and $86 billion, respectively. Serious injuries and fatalities accounted for 87 percent of total comprehensive costs of motorcycle crashes, compared to 57 percent of the total comprehensive costs of all motor vehicle crashes. The repeal of all-rider motorcycle helmet laws has led to increased economic costs, including insurance premiums, in many states.”The statement also noted, “According to a recent survey conducted by AAA, 81 percent of Nebraskans support maintaining the state’s current law. The current law has worked well in keeping motorcyclists safe on our roadways. We cannot afford to weaken it. The number of organizations and individuals who testified during the Transportation and Telecommunications hearing back in January outweighed those who are in favor of the repeal.”FJN has not independently verified these figures.

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