State lawmakers consider lifting universal helmet law

A state House committee heard testimonies from supporters and opponents of the bill that would lift Georgia's universal helmet law.

House Bill 797 would exempt motorcyclists over the age of 18 from wearing helmets. The bill would require underage drivers of mopeds and motorcycles to continue using them.

"Simply put, this is about restoring liberty to our citizens and allowing them freedom to exercise their choice when they're on their bike, three-wheelers or mopeds," said Rep. Tom Kirby, R-Loganville, the bill's sponsor. "We don't make people wear fire suits, but those make them safer in a wreck."

Georgia is one of 18 states with a universal helmet law. There have been several unsuccessful attempts to repeal or ease the law.

“Why can ISIS drive around the desert not wearing helmets? Most impressive regime on earth, no helmet law. Before there was the Taliban. No helmet law,” said Greg Alspach, a former lobbyist who also served on the Georgia Motorcycle Safety Program advisory board. “Then our troops come home to Georgia, and guess what? They got a helmet law.”

Kirby said HB 797 seeks to restore freedom of choice to motorcyclists. The representative said people should make the decision to wear helmets without the government’s enforcement.

Opponents of Kirby’s bill argue the legislation would increase motorcyclist fatalities and Medicaid costs in the state.

“We are not fully funding our private care as is, and we certainly don’t want to do anything to enhance the costs that are out there now,” said Tim Kibler, Public Policy Director of Georgia Alliance of Community Hospitals.

Kibler said the state’s private medical centers would have “to pay either to pursue Medicaid for additional funds” to treat injured motorcyclists, or not be “compensated at all” for treating those patients.

“In Florida, in 2013, 50 percent of motorcyclist hospitalizations and ER visits were not covered by commercial insurance,” said David Tatum, Public Policy Officer of Children’s Healthcare of Atlanta. “There is not enough commercial insurance in the world to pay for long-term traumatic brain injury and rehab.”

Tatum said Georgia’s current motorcyclist fatality rate is 10 percent, while South Carolina’s is 79 percent. South Carolina exempts riders 21 and over from wearing helmets, which Tatum said is the cause for the state’s higher fatality rate.