SCS SB 202 -- OPERATION OF A MOTORCYCLE

SPONSOR:  Schaeffer (Stevenson)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
by a vote of 12 to 2.

This substitute specifies that operating a motorcycle, in and of
itself, will not be considered evidence of comparative negligence
and that no adjuster or insurer will assign a percentage of fault
to a party based upon the sole fact that the party was operating
a motorcycle in an otherwise legal manner.

Any person 21 years of age or older will be allowed to operate or
ride as a passenger on any motorcycle or motortricycle without
protective headgear upon any highway of the state except on an
interstate highway.

FISCAL NOTE:  No impact on state funds in FY 2010, FY 2011, and
FY 2012.

PROPONENTS:  Supporters say that the bill will provide equal
legal protection and justice to those choosing to ride a
motorcycle legally and are involved in an accident at no fault of
their own.  There is a great deal of revenue lost in the state
because motorcycle riders chose to leave the state to ride their
bikes without a helmet or drive around the state on cross-country
rides.  The helmet law is an unjust interference by the
government into the lives of adults who are capable of making the
decision whether or not to wear a helmet.  All but two of
Missouri's bordering states and most states across the country
have laws that don't require helmets on all roadways.

Testifying for the bill were Representative Dusenberg for Senator
Schaeffer; Freedom of Road Riders; Dean Gunner; Brent Hemphill;
and Steve Carroll.

OPPONENTS:  Those who oppose the bill say that repealing the
helmet requirement will result in more injuries, more deaths, and
more medical costs to the state.  The evidence shows that there
are more serious injuries and more deaths in states that don't
have mandatory helmet laws.

Testifying against the bill were Missouri Safety Council;
Department of Transportation; Maureen Cunningham, Missouri Brain
Injury Association; and Missouri State Medical Association.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am