Helmet compulsory

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German mandatory sign "Use head protection", D-M002 according to DIN 4844-2

Helmet obligation refers to the obligation of a person or group of people to wear a helmet for certain activities based on an instruction, regulation or law , in particular protective , fall or sports helmets .

Helmets are compulsory in road traffic

In road traffic , the helmet obligation refers to the obligation of certain groups of road users to wear a suitable protective helmet, for example a motorcycle or bicycle helmet , while participating in road traffic .

Helmets are compulsory for motorcycles

Helmets are compulsory in Germany

In Germany , helmets have been compulsory in road traffic for drivers and passengers of motorcycles and open three- or multi-wheeled vehicles without seat belts from a design-related speed of more than 20 km / h ( Section 21a (2) StVO) since 1976 . The helmet requirement for moped drivers was introduced in 1978. On August 1, 1980, a fine of 30 DM was introduced. The chin strap must be put on, otherwise the helmet is not suitable for achieving the protective effect.

The general obligation to wear a helmet can be lifted in special cases by the respective municipalities. As the Administrative Court of Baden-Württemberg announced in September 2017, these special individual cases must be examined individually regardless of the reasons given by the applicant. It is therefore irrelevant whether the application is made for health reasons or, for example, for religious reasons.

Helmets are compulsory in Austria

In Austria , helmets have been compulsory in road traffic for drivers and passengers of motorcycles and open three- or multi-wheeled vehicles without seat belts since 1979 . From May 31, 2011, helmets are compulsory for children up to the age of 12. Helmets are only compulsory if the children ride a bike themselves, are carried or sit in a bicycle trailer.

Helmets are compulsory in Switzerland

In Switzerland , helmets have been compulsory for drivers and passengers of motorcycles and open three- or multi-wheeled vehicles without seat belts in road traffic since 1981 (Art. 3b of the Traffic Rules Ordinance ).

Since 2012, helmets have been compulsory for drivers of certain electric motorcycles. A bicycle helmet is mandatory for e-bikes with a design-related maximum speed of up to 20 km / h and pedal assistance that is effective above 25 km / h up to a maximum of 45 km / h; a moped helmet is also required.

Helmet compulsory in the USA

In the USA , helmet requirements for motorcyclists are regulated at the state level.

Helmets are mandatory for drivers and passengers of motorized two-wheelers in the following states (as of 2011): Alabama , California , District of Columbia , Georgia , Louisiana , Maryland , Massachusetts , Michigan , Mississippi , Missouri , Nebraska , Nevada , New Jersey , New York , North Carolina , Oregon , Tennessee , Vermont , Virginia , Washington , West Virginia .

In the following states, helmets are compulsory for drivers and passengers of motorized two-wheelers who are under 18 years of age, or if one of the two persons is under 18 years of age (as of 2011): Alaska , Arizona , Colorado , Connecticut , Hawaii , Idaho , Indiana , Kansas , Maine , Minnesota , Montana , New Mexico , North Dakota , Ohio , Oklahoma , South Dakota , Utah , Wisconsin , Wyoming .

In the following states, helmets are compulsory for drivers and passengers of motorized two-wheelers who are under 19 years old, or if one of the two persons is under 19 years old (as of 2011): Delaware .

In the following states, helmets are compulsory for drivers and passengers of motorized two-wheelers who are under 21 years of age, or if one of the two persons is under 21 years of age (as of 2011): Arkansas , Florida , Kentucky , Pennsylvania , Rhode Island , South Carolina , Texas .

The following states do not require helmets for drivers and passengers of motorized two-wheelers (as of 2011): Illinois , Iowa , New Hampshire .

In principle, the wearing of helmets is not without controversy in the USA because it affects the individual's rights of freedom. Since the 1990s, the discussion has been conducted in part from the perspective of the Social Burden Theory , which states that the general public is entitled to stipulate that a helmet is mandatory because motorcycle riders who have had an accident without a helmet would incur significantly higher health costs, some of which would have to be borne by the general public. In this way, taxpayers would be deprived of freedom through payments, which would have to be weighed against the freedom of those without a helmet.

So z. In Texas, for example, helmets are not compulsory for adults over the age of 21 if the driver has adequate health insurance or safety training, which reduces the social burden for taxpayers.

A helmet requirement once introduced in a federal state is often overturned or modified by a new government.

Helmets are compulsory in Vietnam

In Vietnam, helmets are compulsory for motorcycle and moped drivers.

Helmets are compulsory for cyclists

In general, it is recommended that participants in bicycle traffic wear a bicycle helmet . It is assumed that consistent wearing of helmets protects against head injuries, but not against accidents. The proportion of head injuries in accidents is around five to ten percent smaller for cyclists than that of drivers or pedestrians. For the casualty, head injuries can be serious due to the associated permanent damage.

The compulsory wearing of bicycle helmets has - u. a. Due to the decline in the use of bicycles as a result of the obligation to wear a helmet - considerable undesirable side effects that can reduce the protective effect of helmets, destroy them or sometimes also cause new problems. The requirement for bicycle helmets is therefore very controversial.

Helmets are compulsory for drivers

A considerable protective effect has been proven for car helmets . In some competition series, racing drivers have to wear a so-called HANS system , which is supposed to protect them from severe head and neck injuries.

Furthermore, various three-wheeled vehicles approved as passenger cars in Germany and many other countries require a helmet.

literature

  • Germany:
    • Hans-Joseph Scholten: Legal questions about wearing a helmet in traffic. In: New legal weekly . Vol. 65, No. 41, 2012, pp. 2993-2996.

Web links

Wiktionary: helmet requirement  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ Helmets are compulsory for moped drivers. Accessed on April 3, 2014. ( Memento of the original from April 2, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.  @1@ 2Template: Webachiv / IABot / ifz.de
  2. ↑ Compulsory helmets do not automatically come under religious freedom. September 5, 2017. Retrieved November 17, 2017 .
  3. “Radhelmpflicht für Kinder” on kfv.at ( memento of the original dated November 12, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.  @1@ 2Template: Webachiv / IABot / www.kfv.at
  4. Art. 3b VRV , as of July 2017
  5. ^ FEDRO leaflet : "Compilation of the most important regulations on the approval and operation of electric motorcycles after VTS amendment 2012", as of March 26, 2012
  6. ^ Arndt Peltner: Helmet compulsory: Helmetless through the night Nürnberger Zeitung , July 18, 2018
  7. Motorcycle Equipment United States Digest of Motor Laws, accessed on August 14, 2019 (on helmet requirements and protective equipment in the individual states, English)
  8. Motorbike demo: Biker falls in compulsory helmet protest and dies Die Welt , July 4, 2011
  9. ↑ Compulsory helmets abolished: death rate among US motorcyclists increases by more than 30 percent Der Spiegel , June 13, 2008
  10. Helmet compulsory in the USA tabular overview, without year
  11. Foreign Office : Vietnam: Travel and Safety Instructions
  12. Balouise Group - Safety study 2010 - Dangers and risk factors when cycling in Austria  ( page no longer available , search in web archivesInfo: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. .@1@ 2Template: Dead Link / www.basler.co.at  
  13. French Federation of usagers de la Bicyclette by: Observatoire National Interministerial de la sécurité routière ; Retrieved February 1, 2013.
  14. Balouise Group - Safety Study 2010 - Dangers and Risk Factors When Cycling in Austria , p. 24.
  15. Robinson, DL: Head injuries and bicycle helmet laws. In: Accident Analysis & Prevention, 1996 Jul; 28 (4): 463 - 75. Association for the Advancement of Automotive Medicine, accessed on October 28, 2010 (English): "greatest effect of the helmet law was to discourage cycling" , PMID 8870773 .
  16. ^ AJ McLean: Prevention of Head Injuries to Car Occupants: An Investigation of Interior Padding Options. In: Report CR 160. Federal Office of Road Safety, Australia, 1997, accessed December 27, 2016 .