 By Bruce Arnold
RESPOND TO THE NHTSA RFC
March 2006
The National Highway Traffic Safety Administration (NHTSA) recently published their
Amendments to Highway Safety Program Guidelines [Docket No. NHTSA-2005-23090],
which issues a public request for comments (RFC) on six proposed amendments, including significant changes
to Motorcycle Safety Guideline No. 3.
The open comment period is currently set to close on March 13, which gives motorcyclists' rights advocates a narrow but
crucial window of opportunity to voice their opinion on the proposed changes. With the hope this might encourage freedom
fighters everywhere to stand up and speak your mind, here is some information to help you decide on WHAT to say and HOW
to say it.
WHAT TO SAY
No matter whether you want to comment on helmet-related or other motorcycle-related issues ... and regardless of whether
your message is pro- or anti-helmet or pro- or anti-helmet law (which are not the same thing)
... I suggest you keep your comments within the context of the specific guideline changes that NHTSA is proposing.
To expedite your analysis of those changes, you can review the side-by-side comparison of the current versus proposed
wording of Motorcycle Safety Guideline No. 3 presented below.
A word to the wise: If you are truly opposed to helmet wearing as well as helmet laws, you may be
tempted to make the all too common and unfortunate assertions that helmets are unsafe, that they block peripheral
vision, or that their weight can cause neck injuries. None of these claims are absolute truths, and you will gain no
ground with NHTSA by attempting to use them to challenge their helmet guidelines.
NexlSports.com, for example, offers a half-coverage "beanie" helmet that (a) does not
impair peripheral vision, (b) weighs no more than 26 ounces, and (c) is fully compliant with
Federal
Motor Vehicle Safety Standard 218.
NHTSA
HIGHWAY SAFETY PROGRAM
GUIDELINE No. 3
MOTORCYCLE SAFETY
|
|
(current
NHTSA guidelines)
[Introduction]
Each State, in cooperation with its political subdivisions, should have a comprehensive program to promote
motorcycle safety and prevent motorcycle-related injuries. To be effective in reducing the number of motorcycle
crash deaths and injuries, State programs should address the use of helmets and other protective gear, proper
licensing, impaired riding, rider training, conspicuity, and motorist awareness. This
Motorcycle Safety Program Guideline will assist States and local communities in the development and
implementation of effective motorcycle safety programs.
|
(proposed
NHTSA guidelines)
[Introduction]
Each State, in cooperation with its
political subdivisions and tribal
governments, should develop and
implement a comprehensive highway
safety program, reflective of State
demographics, to achieve a significant
reduction in traffic crashes, fatalities
and injuries on public roads. The
highway safety program should include
a comprehensive motorcycle safety
program that aims to reduce motorcycle
crashes and related deaths and injuries.
Each comprehensive State motorcycle
safety program should address the use
of helmets (meeting
Federal
Motor Vehicle Safety Standard 218) and other
protective gear, proper licensing,
impaired riding, rider training,
conspicuity and motorist awareness.
This guideline describes the
components that a State motorcycle
safety program should include and the
criteria that the program components
should meet.
|
|
(current NHTSA guidelines)
I. Program Management
Each State should identify the nature and extent of its motorcycle safety problems, establish goals and objectives
for the State's motorcycle safety program, and implement projects to reach the goals and objectives. State motorcycle
safety plans should:
A. Designate a lead agency for motorcycle safety;
B. Develop funding sources;
C. Collect and analyze data on motorcycle safety;
D. Identify the State's motorcycle safety problem areas;
E. Develop programs (with specific projects) to address problems;
F. Coordinate motorcycle projects with those for the general motoring public;
G. Integrate motorcycle safety into community/corridor traffic safety and other injury control programs; and
H. Include passage and enforcement of mandatory motorcycle helmet legislation.
|
(proposed NHTSA guidelines)
I. Program Management
Each State should have centralized
program planning, implementation and
coordination to identify the nature and
extent of its motorcycle safety problems,
to establish goals and objectives for the
State's motorcycle safety program and to
implement projects to reach the goals
and objectives. State motorcycle safety
plans should:
· Designate a lead agency for
motorcycle safety;
· Develop funding sources;
· Collect and analyze data on
motorcycle crashes, injuries and
fatalities;
· Identify and prioritize the State's
motorcycle safety problem areas;
· Encourage collaboration among
agencies and organizations responsible
for, or impacted by, motorcycle safety
issues;
· Develop programs (with specific
projects) to address problems;
· Coordinate motorcycle safety
projects with those for the general
motoring public;
· Integrate motorcycle safety into
State strategic highway safety plans, and
other related highway safety activities
including impaired driving, occupant
protection, speed management and
driver licensing programs; and
· Routinely evaluate motorcycle
safety programs and services.
|
|
(current NHTSA guidelines)
II. Motorcycle Personal Protective Equipment
Each State should encourage motorcycle operators and passengers to use the following protective equipment:
A. Motorcycle helmets that meet the Federal helmet standard (their use should be required by law);
B. Proper clothing, including gloves, boots, long pants, and a durable long-sleeved jacket; and
C. Eye (which should be required by law) and face protection.
Additionally, each passenger should be provided a seat and footrest.
|
(proposed NHTSA guidelines)
II. Motorcycle Personal Protective Equipment
Each State should support passage
and enforcement of mandatory all-rider
motorcycle helmet use laws. In
addition, each State should encourage
motorcycle operators and passengers to
use the following protective equipment
through an aggressive communication
campaign:
· Motorcycle helmets that meet the
Federal helmet standard;
· Proper clothing, including gloves,
boots, long pants and a durable longsleeved
jacket; and
· Eye and face protection.
Additionally, each passenger should
have a seat and footrest.
|
|
(current NHTSA guidelines)
III. Motorcycle Operator Licensing
States should require every person who operates a motorcycle on public roadways to pass an examination designed
especially for motorcycle operation and to hold a license endorsement specifically authorizing motorcycle operation.
Each State should have a motorcycle licensing system that requires:
A. Motorcycle operator's manual;
B. Motorcycle license examination, including knowledge and skill tests, and State licensing medical criteria;
C. License examiner training;
D. Motorcycle license endorsement;
E. Motorcycle license renewal requirements;
F. Learner's permit issued for a period of 90 days and limits on the number or frequency of learner's permits issued per applicant; and
G. Penalties for violation of motorcycle licensing requirements.
|
(proposed NHTSA guidelines)
III. Motorcycle Operator Licensing
States should require every person
who operates a motorcycle on public
roadways to pass an examination
designed especially for motorcycle
operation and to hold a license
endorsement specifically authorizing
motorcycle operation. Each State should
have a motorcycle licensing system that
requires:
· Motorcycle operator's manual that
contains essential safe riding
information;
· Motorcycle license examination,
including knowledge and skill tests, and
State licensing medical criteria;
· License examiner training specific
to testing of motorcyclists;
· Motorcycle license endorsement;
· Cross referencing of motorcycle
registrations with motorcycle licenses to
identify motorcycle owners who may
not have the proper endorsement;
· Motorcycle license renewal
requirements;
· Learner's permits issued for a
period of 90 days and the establishment
of limits on the number and frequency
of learner's permits issued per applicant
to encourage each motorcyclist to get
full endorsement; and
· Penalties for violation of motorcycle
licensing requirements.
|
|
(current NHTSA guidelines)
IV. Motorcycle Rider Education and Training
Safe motorcycle operation requires specialized training by qualified instructors.
State should establish a State Motorcycle Rider Education Program that provides
A. Source of program funding;
B. State organization to administer the program;
C. Use of Motorcycle Safety Foundation curriculum or equivalent State-approved curriculum;
D. Reasonable availability of rider education courses for all interested residents
legal riding age;
E. Instructor training and certification;
F. Incentives for successful course completion such as licensing skills test exemption;
G. Quality control of the program;
H. Ability to purchase insurance for the program;
I. State guidelines for conduct of the program; and
J. Program evaluation.
|
(proposed NHTSA guidelines)
IV. Motorcycle Rider Education and Training
Safe motorcycle operation requires
specialized training by qualified
instructors. Each State should establish
a State Motorcycle Rider Education
Program that has:
· A source of program funding;
· A state organization to administer
the program;
· A mandate to use the Stateapproved
curriculum;
· Reasonable availability of rider
education courses for all interested
residents of legal riding age;
· A documented policy for instructor
training and certification;
· Incentives for successful course
completion such as licensing test
exemption;
· A plan to address the backlog of
training, if applicable;
· State guidelines for conduct and
quality control of the program; and
· A program evaluation plan.
|
|
(current NHTSA guidelines)
V. Motorcycle Operation While Impaired by Alcohol or Other Drugs
Each State should ensure that programs addressing impaired driving include a focus
motorcycles.
The following programs should include an emphasis on impaired motorcyclists:
A. Community/corridor traffic safety and other injury control programs;
B. Public information and education campaigns;
C. Youth impaired driving programs;
D. Law enforcement programs;
E. Judge and prosecutor training programs;
F. Anti-impaired driving organizations; and
G. College and school programs.
|
(proposed NHTSA guidelines)
V. Motorcycle Operation Under the Influence of Alcohol or Other Drugs
Each State should ensure that
programs addressing impaired driving
include an impaired motorcyclist
component. The following programs
should be used to reach impaired
motorcyclists:
· Community traffic safety and other
injury control programs, including
outreach to motorcyclist clubs and
organizations;
· Youth anti-impaired driving
programs and campaigns;
· High visibility law enforcement
programs and communications
campaigns;
· Judge and prosecutor training
programs;
· Anti-impaired driving
organizations' programs;
· College and school programs;
· Workplace safety programs;
· Event-based programs such as
motorcycle rallies, shows, etc.; and
· Server training programs.
|
| |
(proposed NHTSA guidelines)
VI. Legislation and Regulations
Each State should enact and enforce
motorcycle-related traffic laws and
regulations, including laws that require
all riders to use motorcycle helmets
compliant with the Federal helmet
standard. Specific policies should be
developed to encourage coordination
with appropriate public and private
agencies in the development of
regulations and laws to promote
motorcycle safety.
|
| |
(proposed NHTSA guidelines)
VII. Law Enforcement
Each State should ensure that State
and community motorcycle safety
programs include a law enforcement
component. Each State should
emphasize strongly the role played by
law enforcement personnel in
motorcycle safety. Essential components
of that role include:
· Developing knowledge of
motorcycle crash situations,
investigating crashes, and maintaining a
reporting system that documents crash
activity and supports problem
identification and evaluation activities;
· Providing communication and
education support;
· Providing training to law
enforcement personnel in motorcycle
safety, including how to identify
impaired motorcycle operators and
helmets that do not meet FMVSS 218;
and
· Establishing agency goals to support
motorcycle safety.
|
| |
(proposed NHTSA guidelines)
VIII. Highway Engineering
Traffic engineering is a critical
element of any crash reduction program.
This is true not only for the
development of programs to reduce an
existing crash problem, but also to
design transportation facilities that
provide for the safe movement of
motorcyclists and all other motor
vehicles.
Balancing the needs of motorcyclists
must always be considered. Therefore,
each State should ensure that State and
community motorcycle safety programs
include a traffic-engineering component
that is coordinated with enforcement
and educational efforts. This
engineering component should improve
the safety of motorcyclists through the
design, construction, operation and
maintenance of engineering measures.
These measures may include, but
should not be limited to:
· Considering motorcycle needs
when selecting pavement skid factors;
and
· Providing advance warning signs to
alert motorcyclists to unusual or
irregular roadway surfaces.
|
|
(current NHTSA guidelines)
VI. Motorcycle Rider Conspicuity and Motorist Awareness Programs
State motorcycle safety programs should emphasize the issues of rider conspicuity and motorist awareness of motorcycles. These programs should address:
A. Daytime use of motorcycle lights;
B. Brightly colored clothing and reflective materials for motorcycle riders and motorcycle helmets with high daytime and nighttime conspicuity;
C. Lane positioning of motorcycles to increase vehicle visibility;
D. Reasons why motorists do not see motorcycles; and
E. Ways that other motorists can increase their awareness of motorcyclists.
|
(proposed NHTSA guidelines)
IX. Motorcycle Rider Conspicuity and Motorist Awareness Programs
State motorcycle safety programs,
communication campaigns and state
motor vehicle operator manuals should
emphasize the issues of rider
conspicuity and motorist awareness of
motorcycles. These programs should
address:
· Daytime use of motorcycle
headlights;
· Brightly colored clothing and
reflective materials for motorcycle riders
and motorcycle helmets with high
daytime and nighttime conspicuity;
· Lane positioning of motorcycles to
increase vehicle visibility;
· Reasons why motorists do not see
motorcycles; and
· Ways that other motorists can
increase their awareness of
motorcyclists.
|
| |
(proposed NHTSA guidelines)
X. Communication Program
States should develop and implement
communications strategies directed at
specific high-risk populations as
identified by data. Communications
should highlight and support specific
policy and progress underway in the
States and communities and should be
culturally relevant and appropriate to
the audience. States should:
· Focus their communication efforts
to support the overall policy and
program;
· Review data to identify populations
at risk; and
· Use a mix of media strategies to
draw attention to the problem.
|
| |
(proposed NHTSA guidelines)
[XI. Missing, Excluded or Omitted]
|
| |
(proposed NHTSA guidelines)
XII. Program Evaluation and Data
Both problem identification and
continual evaluation require effective
record keeping by State and local
government. The State should identify
the frequency and types of motorcycle
crashes. After problem identification is
complete, the State should identify
appropriate countermeasures.
The State should promote effective
evaluation by:
· Supporting the analysis of police
crash reports involving motorcyclists;
· Encouraging, supporting and
training localities in process, impact
and outcome evaluation of local
programs;
· Conducting and publicizing
statewide surveys of public knowledge
and attitudes about motorcycle safety;
· Maintaining awareness of trends in
motorcycle crashes at the national level
and how trends might influence
activities statewide;
· Evaluating the use of program
resources and the effectiveness of
existing countermeasures for the general
public and high-risk population; and
· Ensuring that evaluation results are
used to identify problems, plan new
programs and improve existing
programs.
|
HOW TO SAY IT
You can submit comments in writing to:
Docket Management, Room PL-401
400 Seventh Street, SW.
Washington, DC 20590
Alternatively, you can submit your comments electronically by logging onto the
DOT Docket Management System website (assuming it is back online):
http://dms.dot.gov/submit/
Their electronic submissions help page is here:
http://dms.dot.gov/help/es_help.cfm
Again, the current deadline for comments is March 13 2006, so please do your homework and file your comments as soon as possible.
Until Next Time ... Ride Long, Ride Free!
top of page
series page
home page
biker stuff
donate
biker news
LdrLongDistanceRider.com is a bikers' rights, motorcyclists' issues and long distance motorcycle riding resource for
touring endurance riders and extreme cruising on bikes by
Aprilia, BMW, Buell, Ducati, H-D/HD/Harley-Davidson, Honda, Kawasaki, Moto-Guzzi, Norton, Suzuki,
Triumph, Vengeance, Victory, Yamaha and other makes.
|
