Sen. Merritt has introduced SB 463 which would mandate that a minor wear a helmet while riding a bicycle, skateboard, skates, or scooter on public property. Public property isn’t defined, but I assume that would include sidewalks, streets, cul-de-sacs, and what have you in addition to parks and other governmental real estate holdings. It would be an infraction, penalized by a $50 fine and potential impoundment of the bicycle, skateboard, skates, or scooter. The impoundment would last until the kid’s parent came to the office and provides “assurance that the violation will not be repeated.” It would also be a violation for a parent to permit a violation by the kid.
My gut reaction is that this is a little micro-managey, but then I know that others have the same reaction to seat belt laws which I think are a great idea that have prevented all kinds of pain and suffering, outweighing the relatively minor government intrusion. So, for me, it’s a line drawing issue rather than a black and white ideological issue.
I am a cyclist. I do some commuting and some recreational riding. I always wear a helmet, as does every cyclist I know. I am still not in favor of this legislation and hope it dies soon. There are a variety of reasons for this, but the big one for me is that I have read too many stories about how helmet laws become a pretext to harass minority cyclists (for instance: https://www.bicycling.com/news/a20015616/bike-laws/). I don’t think there is clear evidence that such laws are helpful (more hotly debated on cycling forums and in scientific literature than you would expect). There *is* clear evidence that such laws depress bicycling participation, though. The idea of impounding what might be essential transportation for someone for doing something I did with my parents’ blessing in my youth also rubs me the wrong way. I can imagine other ways of increasing helmet use among cyclists that I would favor (for instance mandating that sellers offer helmets at the time of every bike purchase and demonstrate proper use of helmets).