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Bill repealing the NE helmet law introduced 1/06/11

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FarmerRick:
http://nebraskalegislature.gov/FloorDocs/Current/PDF/Intro/LB52.pdf

LEGISLATIVE BILL 52
Introduced by Krist, 10.
Read first time January 06, 2011
Committee:
A BILL
1 FOR AN ACT relating to motorcycles; to amend section 60-6,279,
2 Reissue Revised Statutes of Nebraska; to change helmet
3 provisions; to require eye protection; and to repeal the
original section.4
5 Be it enacted by the people of the State of Nebraska,

 Section 1. Section 60-6,279, Reissue Revised Statutes of
Nebraska, is amended to read:2
3 60-6,279 (1) A person shall not operate or be a passenger
4 on a motorcycle or moped on any highway in this state unless such
5 person is wearing eye protection.

6 (2) Except as otherwise provided in subsections (3) and
7 (4) of this section, a A person shall not operate or be a passenger
8 on a motorcycle or moped on any highway in this state unless such
9 person is wearing a protective helmet of the type and design
10 manufactured for use by operators of such vehicles and unless such
11 helmet is secured properly on his or her head with a chin strap while
12 the vehicle is in motion. All such protective helmets shall be
13 designed to reduce injuries to the user resulting from head impacts
14 and shall be designed to protect the user by remaining on the user's
15 head, deflecting blows, resisting penetration, and spreading the
16 force of impact. Each such helmet shall consist of lining, padding,
17 and chin strap and shall meet or exceed the standards established in
18 the United States Department of Transportation's Federal Motor
19 Vehicle Safety Standard No. 218, 49 C.F.R. 571.218, for motorcycle
20 helmets.
21 (3) A person who is at least twenty-one years of age is
22 exempt from subsection (2) of this section.
23 (4) A person who is over fifteen years of age but less
24 than twenty-one years of age is exempt from subsection (2) of this
25 section if he or she carries proof of successful completion of a

1 motorcycle safety course under the Motorcycle Safety Education Act.
2 Such proof of course completion shall be available for inspection
3 upon demand of any law enforcement officer.
4 (5) Except for the eye protection requirements of this
5 section, enforcement of this section by state or local law
6 enforcement agencies shall be accomplished only as a secondary action
7 when an operator or passenger has been cited or charged with another
8 violation of the Nebraska Rules of the Road.
9 (6) For purposes of this section, eye protection means
10 glasses that cover the orbital region of a person's face, a
11 protective face shield attached to a protective helmet, goggles, or a
12 windshield on the motorcycle that protects the operator's and
13 passenger's horizontal line of vision in all operating positions.
14 (7) A person exempt from subsection (2) of this section
15 shall have the words "helmet not required" printed on his or her
16 Class M operator's license or on his or her operator's license
17 underneath the Class M endorsement.
18 Sec. 2. Original section 60-6,279, Reissue Revised
Statutes of Nebraska, is repealed.


*Note: changes are underlined.

SBarry:
I would love to see this pass, but I will still wear my helmet 95% of the time.

I bet it doesn't make it out of commitee unless he makes it a priority bill.

Nebraska can use the revenue lost by Sturgis goers who drive around Nebraska to get there. Food sales, gas sales and speeding ticket revenue would help out the state tremendously.

DaveB:
I also would like to see it pass, also, I will continue wearing mine most of the time. But it would be good on a day like today was to just jump on the bike to go for a quick 15 minute ride.

Ronvandyn:
This is not a bill I can support.

Ron

wrenrj1:
Has it ever been proven that Nebraska's revenue would increase due to no helmets from those who are traveling to Sturges.  Seems to me that if I lived in Kansas and points south, I'd rather put on a helmet and to through NE than spend time/money going around. 

On another point, seems that there are an awful lot of trucks/trailers etc. carrying MC's with fewer riders making the trip on their bikes.

I vote no on repeal.

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