BILL ANALYSIS                                                                                                                                                                                                   
                                                                     AB 3338


Date of Hearing:  April 18, 1994

                   ASSEMBLY COMMITTEE ON TRANSPORTATION

                           RICHARD KATZ, Chair


               AB 3338 (Alby) - As Amended:  April 14, 1994



SUBJECT

Motorcycle helmets:  exemption

DIGEST

Existing law requires the operator and passenger of a motorcycle to wear 
šan approved safety helmet while the motorcycle is operated on the highways.

This bill exempts from this requirement a driver or passenger with a 
šphysically disabling condition or medical condition that would prevent the 
šwearing of a safety helmet, if the condition is duly certified by a 
šphysician or chiropractor.  The nature of the condition and the reason 
šhelmet wear is inappropriate shall be stated.

FISCAL EFFECT

Unknown.

COMMENTS

1)  This measure is sponsored by the Modified Motorcycle Association, who 
š    point out that both the seat belt law and the child restraint law 
    provide for medical exemptions. They believe it is time for the 
    Legislature to "extend the same reasonable and fair provision to the 
    motorcycle helmet law."  They cite a 1993 case (Buhl v. Hannigan), 
    involving a person who wears hearing aids.  The court decided against 
    Buhl, and stated that the legislature could have exempted the disabled, 
    but elected not to do so. 

2)  The child restraint law provides for exemption not by a physician, but 
š    by the court, who may require satisfactory proof of the child's 
    unfitness for restraint use.

3)  Related legislation:
    AB 2331 (McDonald) would have limited the helmet requirement to persons 
    under the age of 21.
    AB 3790 (Aguiar) provides rideshare credits for motorcycle use.
    SB 1877 (Wyman) makes helmet violations correctable (i.e., a "fix-it" 
    ticket).


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4)  Opponents of the measure find it ironic that medical exemptions would 
š    be sought from a requirement which has resulted in substantial 
    reductions of death and injury.  The California Medical Association 
    points out that since passage of the helmet bill, the number of 
    fatalities has declined by 50%. The California Association of 
    Rehabilitation Facilities states "we are unaware of any medical 
    conditions that would preclude wearing a safety helmet and believe this 
    provision would create an 'underground industry' in furnishing 
    exemptions from this critical requirement." Contrasted with the seat 
    belt law, the helmet law has been the subject of a concerted repeal 
    attempt, by the sponsors of this measure.  Opponents are concerned that 
    this medical exemption is a back door repeal of the helmet law.  DMV 
    contends it would "severely hamper" enforcement efforts, since no 
    traffic officer could discern whether a helmetless motorcyclist 
    qualified for an exemption.

SUPPORT

Modified Motorcycle Association (sponsor)
California Motorcyclist Association

OPPOSITION

California Association of Rehabilitation Facilities
California Highway Patrol
California Medical Association
Department of Motor Vehicles

























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