Category Archives: Helmet Law

Federal government abandons compulsory helmets policy

The Federal Government instigated in 1989 the nationwide policy of compulsion to wear a helmet, by offering ‘black spot’ funding for roads to the states and territories. All complied by 1992.

In 2009, CRAG made a comprehensive submission to the Prime Minister calling for the Government’s policy on helmets to be based on sound evidence of their efficacy. We (CRAG) said that the prime need was to protect the brain, the main site of fatal and disabling head injury, but that research had shown a potential for helmets to aggravate it.

We also pointed out that cycling declined sharply after helmets became compulsory. Benefits of the exercise for health were lost, but the risk of serious casualty, including fatal head injury, increased compared to other road users. As the policy had failed to serve its purpose, we called for corrective action.

The PM did not directly reply to our submission. Instead, the Federal Government quietly abandoned the policy later in 2009, stating in a letter to CRAG:

“Please note that helmet wearing policies are entirely determined at a state and territory government level and not linked to federally administered black spot funding”.

Despite being the instigator of this policy, the federal government has now disowned it, and refuses to take responsibility to fix it.

The federal government remains responsible for the mandatory standard for helmets. It is supposed to guarantee the efficacy and safety of helmets, but it does not. The standard does not contain a test for rotational acceleration, that would assess whether helmets can aggravate brain injury.

We in CRAG are working to press the Federal Government on the mandatory standard.

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Political parties supporting cycling

In Australia, the Liberal Democratic Party supports cycling through its policy opposing victimless “crimes”. It states about the bicycle helmet law:

Mandatory bicycle helmets – not only are such laws offensive to liberty, but they do not achieve their aim.

You may not be able to vote for the Liberal Democratic Party for the parliament (local Member of Parliament), but you can vote for the Liberal Democratic Party in most states for the senate.

In Western Australia, the Democrats support the decrimilisation of cycling without a polystyrene hat. You can vote for the WA democrats in the senate.

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Canada: helmet laws have made little difference to head injuries

A recent Canadian study found that bicycle helmet laws had little effect on head injuries. The study analysed 14 years of data, comparing provinces with and without helmet laws. Unlike other studies in this field, it attempts to remove the effect of confounding factors by controlling for background trends and modelling head injuries as a proportion of all cycling injuries. It concludes:

the incremental contribution of provincial helmet legislation to reduce the number of hospital admissions for head injuries is uncertain to some extent, but seems to have been minimal.

This study has been reported here:

“(the study) analyzed the rate of cycling-related hospital admissions for head injuries across the country between 1994 and 2008 — an enormous research sample of more than 66,000 people…

What they found initially seemed to suggest that this legislation improved public safety…

But upon closer inspection, according to Dennis and company, this positive effect failed to stand. On the contrary, the researchers concluded that head injuries were decreasing across the country at a rate that wasn’t “appreciably altered” by the new helmet laws. Other rider health initiatives — namely, public safety campaigns and the introduction of better bike infrastructure — rendered the contribution of helmet laws “minimal” …

Mandatory helmet laws, meanwhile, may discourage riding to the point where public safety as a whole suffers from the relative decrease in physical exercise.”

The effect is consistent with an analysis of cycling fatalities in Canada, that concludes:

It is apparent that mass helmet use is not contributing to the reduction in cyclist fatalities, at least not in any measurable way. The results suggest that traffic authorities should refocus to put their efforts into other proven measures.

The study contradicts other studies that had claimed a benefit from helmet legislation in Canada. However, many of these studies have serious methodological flaws rendering their claims invalid. Often, such studies are done by helmet advocates keen to “prove” their beliefs, with a disturbing lack of scientific discipline.

This has led Ben Goldacre, an epidemiologist, to provide an insightful overview of the challenges of evaluating the effectiveness of helmet legislation:

Standing over all this methodological complexity is a layer of politics, culture, and psychology. Supporters of helmets often tell vivid stories about someone they knew, or heard of, who was apparently saved from severe head injury by a helmet. Risks and benefits may be exaggerated or discounted depending on the emotional response to the idea of a helmet. For others, this is an explicitly political matter, where an emphasis on helmets reflects a seductively individualistic approach to risk management (or even “victim blaming”) while the real gains lie elsewhere. It is certainly true that in many countries, such as Denmark and the Netherlands, cyclists have low injury rates, even though rates of cycling are high and almost no cyclists wear helmets. This seems to be achieved through interventions such as good infrastructure; stronger legislation to protect cyclists; and a culture of cycling as a popular, routine, non-sporty, non-risky behaviour.

Helmet laws are ineffective compared to other safety measures. As the safest cycling countries demonstrate, other measures are far more effective to reduce injuries. Helmet laws seem to contribute little to safety, while reducing cycling and taking the focus away from more effective measures.

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History of helmet law in the US

Opinion

Here are the reflections and impressions of a US resident who has observed the emergence of bicycle helmets in the United States over the last 40 years. While many of these observations cannot be confirmed without dedicated investigative journalism, they are informed by decades of attention to news articles, bicycling publications, bike organization policies, plus conversations and other interaction with helmet lobbyists.

Frank Krygowski is a retired professor of Engineering Technology, and a lifetime commuting, utility, recreational and touring cyclist.  He is active in cycling advocacy on the local, state and national levels.

 

Personally, I think U.S. helmet laws arise from a combination of factors. Here’s my completely undocumented impression of the history of bike helmets in the U.S.:

  1. First, we had a culture in which there is no history or tradition of bicycling. Until the 1970s people thought bikes were only for kids. Very few adults rode at all, and only an infinitesmal number rode for utility or for sport.
  2. Second, we had a big bike boom in the 1970s. Suddenly there was a huge upsurge in novice riders, most of whom knew very little about cycling, and (worse) did not realize there was anything to learn.
  3. Third, some very opportunistic companies – primarily Bell Sports – realized that there was a market among all these new, easily-misled bike riders for a high-profit special hat. (And seriously, people do have an immense psychological urge to wear special hats! Gardeners, sailors, cowboys, baseball fans, military personnel, fishermen and countless others revel in their own stylish and “useful” headgear.)

Bell began a campaign of misinformation, claiming that any bike rider could easily fall at any time, then suffer a truly debilitating brain injury; and that therefore, smart cyclists always wore helmets. There was never any consideration of whether this possibility was at all common, or worse than for other common activities. Bell backed this effort up with very slick and generous ads in low-profit-margin bike magazines, plus (I’m guessing) some back room politicking.

Soon bike magazines showed fewer and fewer photos of bareheaded riders, giving the impression that any “serious” (e.g. club or racing) cyclist always wore a helmet. About this time, “Always wear a helmet” became the first rule of bicycle safety.

This gave Bell some decent profits. But eventually (due to a change in management, I believe) things suddenly pushed further. Bell produced a helmet not for enthusiasts, but for kids, and increased the “danger! danger!” hype. And critically, Bell began donating heavily to Safe Kids Inc., with (doubtlessly) more back room politicking. This was the real genesis of mandatory helmet laws for kids. The national Safe Kids organization began working to convince local chapters, parents and lawmakers that riding bikes (and any other wheeled toy) was as dangerous as juggling chainsaws. “If only one child can be saved…” became a battle cry.

I think this is what caused the surge in statewide MHLs through the 1990s. Since then, things have cooled off quite a bit in the U.S. Most helmet laws are not really enforced, from what I observe. Safe Kids has – for whatever reason – made car seats their prime issue instead of bike helmets (although of course, they still call for bike helmet use). Now we seem to deal with only two factors:

  1. One factor is a cadre of do-gooders left over from the 1990s who have made helmet promotion one of their life’s guiding principles. Randy Swart is probably the prime example, but I suspect most American bike clubs have one or more local examples. These people will probably never admit that they wasted their time on a counterproductive effort. Data will mean nothing to them.
  2. Another factor is that the efforts of Bell, Safe Kids and the do-gooders have worked, in that a very large number of Americans really do believe that a simple bike ride imposes a huge risk of serious brain injury. Oddly, this impression seems greater in higher-income areas, where the little suburban princes and princesses must be guaranteed to rise to their highest creative and earning potential. I suspect, though, that this population can be swayed by data, logic and fashion. This is a group that might eventually be convinced that ordinary bicycling is not dangerous, and has benefits that greatly outweigh it’s tiny risks. Even without a special hat.
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Study reveals increased accidents and injuries after helmet law

Abstract

The injury rate has tripled since the helmet law.
By increasing the risk of accidents, helmets have made cycling more dangerous. 

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A recent study reveals a steady increase in cycling injuries after the helmet law. Between 1991 and 2000, arm injuries doubled (indicating a doubling in accidents), while head injuries increased by 40%.

cycling_injuries

A 1996 cycling survey in Sydney revealed that cycling counts were 48% below 1991. According to the census, cycling in Sydney slightly decreased between 1996 and 2001.

sydney_cycling_counts

This indicates that the risk of accidents more than tripled, consistent with other studies.

The study reports a reduction in head injuries since 2006. This coincides to a resurgence in cycling, with many of the new cyclists not wearing helmets. Head injury rates decreased while fewer cyclists wore helmets. Oblivious to this, the study attributes the reduction in injuries to spending on cycling infrastructure that occurred mostly in Sydney after 2009.

Oddly, this study was used as the basis of a newspaper article defending the helmet law. The usual scaremongering tactics are there, suggesting that helmets protect against serious brain injuries, even though they are not designed to do so. The propaganda did not fool many people though, as the comments below the article highlight.

Despite the large increase in head injuries while cycling almost halved, the study claims:

the benefit of MHL to lowering head injuries

Oddly, the study fails to mention the reduction in cycling.

What’s going on?

It is odd for a study to ignore the increase in accidents and injuries, and the decrease in cycling after the helmet law. The rise in injuries is obvious from the main graph in the study. This blindness to negative side-effects of the helmet law is similar to another study affected by confirmation bias.

This study was funded by a government who, struggling to justify its counterproductive policy, is funding more “studies” to defend it. This trend was reported here.

This did not fool a UK reporter:

As the fallout from Australia’s failed bike sharing schemes continues, it seems we haven’t seen the last of government-funded research showing that helmet laws are great actually, thanks very much.

The authors, Olivier, Walter and Grzebieta, previously published a paper in 2011 claiming to “end the debate about the effectiveness of cycle helmet legislation”, but which was severely criticised by fellow boffins

the government of NSW has commissioned research which (surprise!) finds the effect of their helmet law is massive and sustained, ignoring the uncomfortable fact that helmet wearing rates have actually fallen back significantly without any accompanying jump in head injuries.
The authors fail to consider long-term trends in admission protocol when comparing arm:head injury admissions over two decades. They also include all types of minor flesh wounds, bruising etc. which you would certainly hope would be prevented by helmet use, rather than looking at a reduction of critical injury / death which is what public health policy should be worrying about, when the alternative is serious sedentary disease.
It’s generated some nice headlines and superficial reinforcement for the helmet law (which is probably what the government were really trying to commission), but this is far from the conclusive study that is being spun in the media.
Opposition to helmet legislation in Australia continues to grow and academics on the other side of the fence are unlikely to struggle to dismiss the conclusions of this paper.

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Calls to repeal the helmet law in New Zealand

Cycling Health New Zealand

This site is interesting as it presents a broad range of common-sense arguments, taking the perspective of public health. This is broader than the narrow perspective that helmet zealots insists on, claiming that their exaggerated estimates of helmets effectiveness is all that matters, while ignoring the increase in accidents and injuries, and the decrease in public health from discouraging cycling.

Some New Zealand politicians have privately admitted that the helmet law is a failure, and that they wouldn’t mind if it fell quietly into oblivion.

This article highlights how the debate has reached the mainstream media in New Zealand, following research  published by Colin Clarke in the New Zealand Medical Journal in 2012.

It is an interesting approach to increase awareness of the harm done by the helmet law. The loss of health benefits from the reduction in cycling contributed to 53 premature deaths per year. This undermines the helmet believers classical emotional argument: “if it only saves one life”. Despite being unproven, it still fools people.

One cyclist association, the Cycling Advocates’ Network has denounced the helmet law as a failed experiment doing more harm than good, calling for an independent review.

The New Zealand government seems a little bit open minded. They are honest about the limited capabilities of “helmets”, but still don’t acknowledge the harm that the helmet law has done to cycling levels and cycling injuries.

Many comments below the article highlights that many people are aware of that the law has been counterproductive. Some comments suggest that the helmet law is not strictly enforced.

This research is also reported in this article, that mentions an earlier research done last year by the Transport and Health Study group, an independent British society of public health and transport practitioners and researchers.  It is called Health on the Move 2, a book aimed to be “a clear and comprehensive account of what would constitute a healthy transport system.

This is not primarily about cycling. This group of researchers cannot be labeled “anti-helmet”, as some people like to denigrate those who dare to question their beliefs.

The section on cycling can be found here. It is a summary of the recent research on helmets and the helmet law. The report is written in a neutral tone, yet you can sense the frustration of the researchers here:

The failure of mass helmet use to affect serious head injuries, be it in falls or collisions, has been ignored by the medical world, by civil servants, by the media, and by cyclists themselves. A collective willingness to believe appears to explain why the population-level studies are so little appreciated. …. 

The disconnect between received wisdom and the facts is stark.

These are strong words for a group of researchers for whom cycling is not the core focus. It is no surprise to those who have been trying to get helmet zealots to pull their heads out of the sand. It can be frustrating to get people to admit that their cherished beliefs could be wrong, and that they made a mistake, especially when they have no incentive to do so.

It is positive to see such articles in the mainstream media. It shows that the media is starting to pay attention to what is really going on, rather than to pander to common prejudices. New Zealand may not be far from repealing this counterproductive law.

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