Mandatory Delaware helmet law stuck in committee
A plan to require motorcycle riders in Delaware wear a helmet is in legislative purgatory after lawmakers Wednesday declined to release the bill for a full hearing in front of the House of Representatives.
The legislation now sits in the House clerk’s office, where it will stay until brought back into committee, or remain until the 148th General Assembly concludes on June 30, 2016, and possible action on the measure expires.
Rep. Sean Lynn, D-Dover, who introduced the proposal, said he remains optimistic about the chances of the bill in future years.
“Just because it didn’t happen today doesn’t mean it won’t happen next session,” Lynn said. “I think we got more done today … than has been done in a decade.”
Current state law requires riders over 19 to have a helmet in their possession. A handful of motorcyclists testified during Wednesday’s hearing that it was their choice to wear a helmet or not.
“Laws like this make us more of a nanny state, not a state of free will,” said Dave Johnson, a rider from Harrington.
Gary Hilderbrand, legislative coordinator with ABATE Delaware, a motorcyclist rights group, said lawmakers are more concerned with putting a helmet on his head than taking on drivers who put all motorcyclists in danger.
“We’ve had a lot of brave men and women in this country go to war for us to fight for other nations to not have to listen to dictatorships of their country and government telling them what to do,” he said. “I don’t need anybody telling me what to do.”
Since 2014, 15 motorcycle fatalities have occurred in Delaware. Six victims were wearing helmets. Maryland, Virginia and New Jersey have mandatory helmet laws. Pennsylvania does not.
An attempt to pass similar legislation failed in 2007. In 2011 a measure to eliminate the requirement to possess a helmet made it through the General Assembly and was vetoed by Gov. Jack Markell.
The National Highway Traffic Safety Administration estimates that helmet use saved the government and individuals more than $3 billion in injuries and treatment costs.
The bill gained support of insurance companies, automotive safety groups and family members of those injured in accidents.
Tammy Kalp, whose husband Paul received a traumatic brain injury in 2012 after an accident while he was riding his motorcycle, said Wednesday that she was disappointed that no action was taken on the proposal. Paul Kalp was not wearing a helmet at the time of the accident.
She’s hopeful they were able to kick start a conversation about wearing helmets.
“It’s already too late for us,” she said. “But it’s not too late for someone else.”
Contact Jon Offredo at (302) 678-4271 or at joffredo@delawareonline.com. Follow him on Twitter @jonoffredo.