In a report on motorcycle helmet effectiveness, NHTSA acknowledged that technological changes over the years have led to improvements in helmet design and materials that have saved thousands of lives in motorcycle accidents.
Yet, the National Highway Traffic Safety Administration’s (NHTSA) proposed rule on motorcycle helmets gives corporations a “get out of jail free” pass, according to comments submitted to the agency today by the American Association for Justice (AAJ).
While NHTSA’s proposed rule significantly increases the safety requirements of motorcycle helmets, it also includes language that could keep consumers from holding manufacturers accountable for helmets that meet NHTSA’s minimum safety standard.
“Clearly technology made a difference in thousands of motorcycle riders’ lives, however, if NHTSA’s proposed rule continues with the preemption language, manufacturers of helmets have little incentive to continue to make helmets safer for consumers,” says AAJ President Les Weisbrod. “The civil justice system provides an added incentive that NHTSA’s helmet proposal erodes.”
The motorcycle helmet rule is just one of 21 proposed rules from the Bush administration that AAJ is monitoring that include preemption language. For a list of the rules AAJ is watching to be made final in the last weeks of the Bush administration, see http://www.justice.org/Regulatory_rules_not_finalized.pdf .
View a copy of the comments AAJ submitted on motorcycle helmets here.
