Delaware State Representative Sean Lynn (D – District 31 Dover) has sponsored legislation that would require all motorcycle drivers and passengers to wear helmets at all times during operation on Delaware roads.
HB 54 is co-sponsored by Reps. Stephanie T. Bolden, (D — District 2 East Wilmington) and Debra J. Heffernan (D – District 6 Bellefonte, Claymont, Edgemoor)
Text of the bill follows:
SPONSOR: Rep. Lynn & Sen. Simpson Reps. Bolden, Heffernan; Sen. Henry
HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY HOUSE BILL NO. 54
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTORCYCLES. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 4185(b), Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(b) Every person operating or riding on a motorcycle shall have in that person’s possession wear a safety helmet approved by the Secretary of Safety and Homeland Security (hereinafter “Secretary”) through the Office of Highway Safety and shall wear eye protection approved by the Secretary; provided, however, that every person up to 19 years of age operating or riding on a motorcycle shall wear a safety helmet and eye protection approved by the Secretary.
Section 2. This bill shall take effect upon its enactment.
Currently every motorcycle rider is required to have a helmet in his or her possession while riding. This bill requires that the person, along with any passengers, actually wear a helmet. Currently, 19 states and the District of Columbia require all motorcyclists to wear a helmet. Since 2014, of the 15 motorcycle fatalities in Delaware, only 6 were wearing helmets at the time of crash.
No clear pattern of the bill’s chances for passage has, as yet, emerged. The debate is framed in the general context individual freedom versus state power, as well as safety factors and economic considerations.
Attempts to contact http://www.abateofde.com/ for the organization’s comment were unsuccessful during the preparation of this article.