House Votes Down Amendment To Make Helmets Optional For Motorcyclists

Members of the West Virginia House of Delegates have upheld the state’s requirement that motorcyclists wear helmets while operating their vehicles.

Current state law requires motorcyclists to wear a helmet and maintain “a seated position facing forward” in their vehicles. But House Bill 2752 would permit motorcyclists to stand up “with both feet on the vehicle’s footpegs or pedals” while maneuvering through West Virginia roadways.

Proposed by Del. Kathie Hess Crouse, R-Putnam, the bill is scheduled for a third reading on the House floor Wednesday. But a proposed amendment brought early debate to the bill from lawmakers Tuesday afternoon.

Del. Dave Foggin, R-Wood, introduced an amendment to the bill that would have removed helmet requirements for motorcyclists over age 21. Current state law requires all motorcyclists to wear protective headgear, regardless of age.

Foggin described his amendment as an effort to uphold personal choice for motorcyclists.

“It’s about the personal choice for an adult to wear a helmet when they’re riding a motorcycle,” Foggin said.

Other lawmakers, like Del. John Paul Hott, R-Grant, disagreed. Hott saw the policy not as a matter of personal liberty, but of personal safety.

Hott also said that helmet usage from motorcyclists creates safer roadways for everyone, and alleged that less safe road conditions could result in increased vehicle insurance rates for West Virginia drivers.

“If you want to see us become at a greater disadvantage in this great state to neighboring states who have substantially low auto and motorcycle rights, implement this amendment that’s before you,” Hott said.

Concerns over the amendment ultimately won out. Following the discussion, 54 delegates voted to reject Foggin’s amendment, whereas only 41 voted to adopt it.

A narrower version of House Bill 2752 pertaining just to standing while operating a motorcycle will still proceed for a further review from members of the House.