I heard a new law passed that makes adults have to wear helmets when riding a bike. Is that true?
No. You most likely heard about a recent failed attempt – led by former Austin Mayor Bruce Todd – to enact an all-ages helmet law in Austin.
The bike helmet law has been an ongoing debate in Austin for more than a decade. In 1996, the city of Austin passed an all-ages helmet law with the support of then Mayor Bruce Todd. Overzealous and discriminatory enforcement (statistics show more than 70% of those ticketed were minorities) made the law so unpopular that it was amended in 1997 to apply only to minors (i.e., 17 and younger).
In 2005, Todd fell off his bike while cycling and suffered a serious brain injury. Todd’s doctors argued that his helmet saved his life. Armed with a strong personal belief in the effectiveness of helmets, Todd took up the fight again, this time with the support of Mayor Will Wynn and several City Council members. The Austin City Council briefly considered reinstating the all-ages bicycle helmet law in summer 2006 but ultimately took no action, thereby leaving the current bicycle helmet law applicable only to minors.
The current helmet law is in effect on all public property within Austin city limits, including streets, bike trails, and parks. Any minor that violates the bicycle helmet ordinance could be found guilty of a class C misdemeanor and subject to a $20 fine (first offense) or $40 fine (for subsequent offenses).
Enforcement of the bicycle helmet law is notoriously lax. Nevertheless, if you are one of the lucky few who is ticketed for riding a bicycle without a helmet, it’s good to know that you may have a chance to get the charge dismissed. The Austin bike helmet ordinance allows an initial violation to be dismissed if proof is provided that a helmet was obtained within 30 days of the offense.
This article appears in March 14 • 2008.