BILL ANALYSIS THIRD READING AB 2268 Caldera (D), et al 9/1/93 in Senate 21 43-27, p. 2374, 6/7/93 SUBJECT: Bicycle helmets: mandatory use SOURCE: Author ____________________________________________________________________________ DIGEST: This bill would require all persons under 18 years of age to šwear an approved bicycle helmet when operating a bicycle on any street, šbikeway or other public bicycle path or trail. The bill would impose a šfine for not more than $25 for violations of this requirement and provide šfor the use of fine revenue. Senate Floor Amendments of 9/1/93: 1. Make Senator Torres a co-author. 2. Strike the reference to a 1984 Snell bicycle helmet standard, leaving the reference as the current Snell helmet standard. 3. Change the $25 fine for a violation of the proposed bicycle helmet law to a fine of not more than $25. ANALYSIS: Under the Vehicle Code, persons operating a bicycle on a šhighway (any street) are prohibited from allowing any passenger four years šof age or younger, or weighing 40 pounds or less, to ride as a passenger šwithout wearing a prescribed bicycle helmet. AB 2268 Page 2 This bill would: 1. Require any person under 18 years of age operating a bicycle or riding š as a passenger on a bicycle to wear a bicycle helmet when riding upon a street, bikeway, public bicycle path or trail. 2. Require all bicycle helmets sold to meet specified safety standards and š to be conspicuously labeled. 3. Provide the following penalty provisions applicable, as appropriate, š both to bicycle riders and persons selling helmets: A. In 1994, only warnings and no citations would be issued to violators. B. Beginning in 1995, violations would be punishable as an infraction, with a fine of not more than $25. C. Parents and legal guardians having control or custody of an unemancipated minor would be jointly and severally liable for the fine with the minor. 4. Provide that fine revenues from bicycle helmet citations shall be made š available to: A. Counties for bicycle safety education and for assistance to low- income families for purchasing helmets (72.5%), B. Administration (15%), and C. Cities or counties, depending on the site of the violation, (2.5%). According to CHP reports, 115 bicyclists of all ages were killed in šCalifornia in 1991 and 16,446 were injured. Of the deaths, 75 (or 65%) šwere riders 25 years of age or older, while of the injuries, 10,558 (or š46%) were riders 25 years of age or older (1991 Annual Report of Fatal and šInjury Motor Vehicle Taffic Accidents). FISCAL EFFECT: Appropriation: No Fiscal Committee: Yes Local: Yes SUPPORT: (Verified 9/2/93) Children's Advocacy Institute State Farm Insurance Companies Association of California Life Insurance Companies California Trial Lawyers Association California Association of Bicycling Organizations California Peace Officers Association California Police Chiefs Association United Cerebral Palsy Association of California, Inc. Farmers Insurance Group California Congress of Parents, Teachers & Students Walnut Creek Police Department CONTINUED AB 2268 Page 3 Safe Roads/Safe Families Advisory Group California Center for Childhood Injury Prevention East Bay Regional Park District American Academy of Pediatrics California Nurses Association American Association of Critical Care Nurses Blue Cross of California Trauma Foundation Pacific Mutual Transamerica Danny Foundation State Public Affairs Committee, Junior Leagues of California Safety Center Contra Costa Childhood Injury Prevention Coalition Santa Clara Valley Medical Center United Cerebral Palsy Association City of Palo Alto Traumatic Brain Injury/Spinal Cord Injury Projects The Permanente Medical Group, Inc. Prudential San Diego Regional Bicycle Safety Committee Girl Scout Councils of California Area XI Developmental Disabilities Board OPPOSITION: (Verified 9/2/93) San Francisco Bicycle Association East Bay Bicycle Coalition, Alameda and Contra Costa Counties People Power, Santa Cruz County Regional Transportation Commission, Bicycle Subcommittee, Santa Cruz County Silicon Valley Bicycle Association, Santa Clara County Chico Velo, Chico Eagle Cycling Club, Napa, Vallejo Foothill Cycle Club, Pasadena LA Wheelmen, Los Angeles Human Power Transit, Los Angeles Cherry City Cyclists, Alameda County Western Wheelers, San Mateo and Santa Clara Counties ARGUMENTS IN SUPPORT: Sponsors seek its passage as a means of reducing šinjuries, especially head injuries, and death to children riding bicycles. šThey report that 17,800 children were treated in California hospital šemergency rooms in 1991 for bicycle-related head injuries and that, šnationwide, approximately 500 children die annually from head injuries šsustained in bicycle accidents. Sponsors claim that most child bicycle accidents do not involve a motor švehicle, but rather miscellaneous collisions with stationary objects, poor šsurface conditions, mechanical problems and loss of control of the bicycle. š They note that bicycle accidents can occur anywhere and not just on šstreets. CONTINUED AB 2268 Page 4 Sponsors cite the high public costs of treating bicycle accident head šinjuries and resulting disabilities as further reasons for a mandatory šhelmet law. ARGUMENTS IN OPPOSITION: Opponents state that this bill "will not šaccomplish its purpose and will cause harm. "There is no contributory negligence exemption, making it possible for an šinsurance company to escape its financial responsibility when one of its šclients hits an unhelmeted child, even if the child is obeying all other štraffic laws. "It creates new crime without a pressing need, will not be enforced fairly, šand if enforced, will clog the courts with cases which generate no revenue šbecause they require dismissal on first offense. "It provides no seed money for education or low-income helmet purchase šprograms and will never collect enough to adequately fund them. Bicycling šis transportation, not recreation, especially for poor children whose šparents can't afford to drive them around. If this bill is passed, middle šclass children (who already show a high incidence of helmet use) will not šbe affected. Poor children will lose their bikes." ASSEMBLY FLOOR VOTE: RJG:ctl 9/2/93 Senate Floor Analyses CONTINUED