Safety Sense : Keeping Up on New Seat Belt, Helmet Laws for Riders, Drivers

More than 78% of people killed in motorcycle or vehicle crashes statewide were not wearing safety equipment (seat belts, helmets, child safety seats), according to the most recent California Highway Patrol statistics compiled in 1990. More than 50% of people injured in crashes during the same period were not wearing safety equipment.

The 2-year-old report does not address the use of front-seat air bags, a relative newcomer to the arsenal of safety features, but other studies reflect their effectiveness.

Keeping pace with California’s safety requirements can be difficult as new laws are enacted and new features phased in. Here are some basics:

Who has to wear a motorcycle helmet?

In January, a new California law went into effect making it mandatory for motorcycle drivers and passengers to wear helmets. Since then, several legal challenges have cropped up.

Some law suits dispute claims that deaths and injuries would be reduced by wearing helmets. Other suits claim that the law violates a rider’s right to religious freedom.

About 35 states have mandatory helmet laws, but some laws are less stringent than California’s. In Delaware, for example, bikers must have helmets in their possession, but not on their heads, and in Rhode Island, passengers have to wear helmets, but the drivers don’t.

What if a motorcyclist or passenger gets pulled over for not wearing a helmet?

The helmet law has been very successful in San Diego County, with the majority of motorcyclists complying, said CHP spokesman John Marinez. However, riders and passengers not wearing helmets will be pulled over and given a ticket, he said.

Rising court costs have caused citations to increase over the years. A helmet law violator could be looking at a ticket of more than $100.

A passenger 15 years or older not wearing a helmet can be cited even if the driver is wearing one, Marinez said. If the helmet-less passenger is younger than 15, the driver gets the ticket.

There is no age limit for children as passengers on motorcycles.

Who regulates helmet safety?

Helmets must be approved by the United States Department of Transportation. Helmets that have a “DOT” sticker on them are legal.

How often should helmets be changed? What should a consumer look for?

Even if a helmet is DOT approved, it should be replaced about every five years to keep pace with improved industry standards.

Helmet manufacturers suggest wearing the smallest helmet that will fit, one that tugs at your scalp as you rotate it with your hands from side to side and up and down. By fastening the chin strap and pulling up sharply on the edge of the helmet above the eyes, a person can also see how easily the helmet moves or comes off.

Are there other safety requirements for motorcycles?

Motorcycles must be equipped with foot pegs for both driver and passenger, Marinez said. The bike must also have a separate seat (not a luggage rack or long single seat) if there is a passenger, he said.

When are child car-safety seats necessary?

Children 4 years or younger and 40 pounds or less must be strapped into a child safety seat, Marinez said. A 5-year-old weighing less than 40 pounds would still have to use a safety seat, as would a 3-year-old weighing more than 40 pounds, he said.

Like motorcycle helmets, car seats must be approved by the Department of Transportation and consumers should look for the DOT sticker. Although a car safety seat can be placed in any spot in a vehicle, it is recommended that they be placed in the middle of the rear seat in a regular passenger vehicle, Marinez said.

Who gets cited for an underage, underweight child not in a car safety seat?

The parent or legal guardian will get cited for this

violation, even if they are not the driver but a passenger in a car, Marinez said. If the parent is not in the vehicle, the driver will get the ticket.

Penalties can range upward of $75, Marinez said. However, the CHP and other law enforcement agencies won’t take a motorist off the road for violating the safety seat rule, he said.

Are car air bags required by law? When will they be phased in?

In 1989, the federal government began requiring either front-seat air bags or automatic safety belts in new passenger cars, according to the National Highway Traffic Safety Administration. In 1994, makers of minivans, light trucks and other multipurpose passenger vehicles will also be required to phase in the air bags or automatic safety belts.

The NHTSA found in test crashes that air bags are 55% effective in saving lives and preventing severe injuries, while automatic seat belts are only 35% to 50% effective, depending on the belt.

Ford, General Motors, Chrysler and Honda have already chosen air bags for their passive restraint systems, according to the Motor Vehicle Manufacturers Assn. By the mid-1990s, these manufacturers will include air bags as standard equipment.

What about seat belts?

Currently, motorists and their passengers cannot be pulled over for not wearing a seat belt, said Christine Rogers, a CHP spokeswoman in Sacramento. Authorities can cite people for traveling beltless if they pull the vehicle over for another suspected violation.

Effective Jan. 1, 1993, a new seat belt law will enable authorities to stop motorists specifically for not wearing seat belts, Rogers said. Officers will need no other reason to stop a vehicle, she said.