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Repeal and Modification of Mandatory Motorcycle Helmet Legislation

In 1975, Congress relieved the Secretary of Transportation of the power to impose sanctions upon states for not having a law requiring the use of helmets by motorcyclists. Shortly afterward, some of the states having such laws began repealing or modifying them. This paper reviews the available literature on the subject of mandatory motorcycle helmet legislation, and presents the results of a survey of states that have repealed their laws. From the information available, it was determined that the use of motorcycle helmets reduces the incidence of serious and fatal head injury among motorcyclists without interfering with their ability to operate their vehicles safely. Additionally, it was determined that the mandatory motorcycle helmet laws are constitutional and that they have the support of both the general public and motorcyclists in Virginia.