FLORIDA’S MOTORCYCLE HELMET LAW REPEAL

On July 1, 2000, Florida repealed the legal requirement that all

motorcyclists wear protective helmets. State law now requires

helmet use only by riders under the age of 21, and by older riders who

do not have a minimum of $10,000 medical insurance coverage.

The National Highway Traffic Safety Administration (NHTSA)

contracted with Preusser Research Group to evaluate the effects of

the motorcycle helmet law repeal in Florida.

Helmet Use–Observational Surveys

Virtually all observed riders were wearing helmets in a 1998

Florida helmet use observation survey. Only 65 percent of the

observed sample, however, wore compliant helmets (helmets that

meet the requirements for Federal Motor Vehicle Safety Standard No.

218) while 35 percent were wearing noncompliant helmets (headgear

that does not meet Federal Motor Vehicle Safety Standard No. 218).

These weighted figures compare to 84 percent approved helmets and

15 percent noncompliant helmets observed in a 1993 survey

suggesting that noncompliant helmet use was increasing over time. 

A 2002 post-law change survey found 47 percent compliant helmet

use, 6 percent noncompliant helmet use and 47 percent no helmet use.

These results indicate that use of compliant helmets has declined

significantly following the law change while wearing noncompliant

helmets has largely been abandoned.

Helmet Use–Crash Reports

Among the 515 motorcyclists killed in traffic crashes in the 3 years

before the helmet law change (1997-1999), 9 percent were recorded

in the Fatality Analysis Reporting System (FARS) as not wearing a

helmet. In the 3 years following the law change (2001-2003), 61

percent of the 933 fatally injured motorcyclists were reported as not

wearing a helmet. In 1997-1999, there were 35 motorcyclists under

the age of 21 killed in Florida. Of these, 26 percent were not

helmeted. In 2001-2003, 101 motorcyclists under age 21 were killed

(+ 188 percent) with 45 percent of them not wearing a helmet.

Motorcyclist Fatalities1

There has been a substantial increase in motorcyclists killed in

Florida beginning in the first 6 months of 2000 (the repeal of the allrider helmet law went into effect on July 1, 2000). Fatalities in the

two years following the law change (2001-2002, N=575) were 71

percent greater than the two years before the law change. This is

almost double the increase in fatalities for the nation as a whole.

Fatalities in Florida per 10,000 registered motorcycles increased 21

percent compared to 13 percent nationally for the 2 years before and

after the law change–75 percent higher than the national rate.

There was an average of 181 motorcyclists killed annually in the

30 months before the law change, and an average of 280 in the 30

months after the law change. Registrations increased an average 33.7

percent in this time period in Florida (219,486 to 293,393). The

expected average annual number of motorcycle fatalities as a result

of the increase in registrations was 242. The actual number who died

in 2002 was 301, 24 percent (59) more motorcycle fatalities than

expected as a result of increased registrations alone. The actual

number who died in 2003 was 358.

When the increase in motorcycle registrations after the law

change is

taken into

account, the

unhelmeted

fatality rate

per 10,000

registered

motorcycles

increased

from 0.7

fatalities in

1998 to 6.1

fatalities in

2002. The

rate for

helmeted motorcyclist fatalities, on the other hand, fell from 7.6 in

1998 to 3.2 in 2002.

Number 299 August 2005

U.S. Department of Transportation 400 Seventh St., SW., Washington, D.C. 20590

National Highway Traffic Safety Administration

Killed Killed/10,000 MC

Registrations

Fatalities

Percent Change in Motorcycle Fatalities and

in Fatality Rates Two Years Before and After Law Change

Percentage

Florida National

71% 21% 37% 13%

80

60

40

20

0

1 Note - All fatality numbers used in this study are based on FARS vehicle body type code 80 only in order to maintain consistency with the other data sources

used such as the Florida motor vehicle crash database. In contrast, NHTSA typically uses FARS body type codes 80-89 when discussing motorcycle

crashes. Thus, in its publications about motorcycles (for example, Traffic Safety Facts) NHTSA fatality numbers will differ slightly from the numbers and

rates reported in this study. These small differences in no way alter the findings or implications of the results.

Annual Rate of Motorcycle Fatalities per 

10,000 Motorcycles Registered

Source: FARS (1998-2002)

8.0

7.0

6.0

5.0

4.0

3.0

2.0

1.0

0.0

1998 1999

Helmeted Helmet UnknownUnhelmeted

Fatalities per 10,000 motorcycles

2000 2001 2002

registered
Motorcyclist Injuries

The Florida Department of Highway Safety and Motor Vehicles

produces an annual database of information taken from police motor

vehicle crash reports. In the first full year following the law change

(2001), there were 1,890 motorcyclists who sustained incapacitating

injury and 3,886 who sustained lesser injury. These figures are 32

percent and 28 percent higher, respectively, than the comparable

figures in 1999. Injuries per 10,000 registered motorcycles increased

in 2000, but decreased in 2001. Although the injury rate per

registered motorcycle in 2001 is less than the rate in 1999, the

previous downward trend of non-fatal injuries per registered

motorcycle appears to have slowed following the law change.

Hospital Discharge Data

The Hospital Discharge database maintained by the Florida

Agency for Health Care Administration shows that in the 30 months

immediately following the helmet law change, there were 4,986

motorcyclists admitted to hospitals for acute care treatment. This

figure is 40 percent greater than the 3,567 admissions during the 30

months just before the law change. Head injury admissions increased

by more than 80 percent.

Total gross costs charged to hospital admitted motorcyclists with

head, brain or skull injury more than doubled from $21 million to $44

million, adjusted for inflation, and the average cost per case rose from

$34,518 to $39,877 in the 30 months after the law change. In 1998

and 1999, the acute care hospital charges for head-brain-skull

principal injury cases per 10,000 registered motorcycles were

$311,549 and $428,347 respectively. The comparable figures for

2001 and 2002 were $605,854 and $610,386, adjusted for inflation. 

In the post law change period, 75 percent of the head, brain, skull

injured admitted motorcyclists were charged approximately $12,000

or more while the remaining 25 percent of patients were charged less

than this amount. That is, less than one-quarter of the injured would

be covered by the $10,000 medical insurance requirement for those

who chose not to use helmets. The hospital discharge data indicate

that in the post law change period, approximately 63 percent of

admitted motorcyclists were covered by commercial insurance ($31

million), 16 percent were classified as “self pay” because they were

under insured or uninsured ($8 million), while the remaining 21

percent had their costs ($10.5 million) billed to charitable and public

sources (e.g., Medicaid).

Limitations of the Study

National data suggest that as motorcycle registrations increase,

motorcyclists’ deaths and injuries increase. In Florida, motorcycle

registrations increased substantially beginning in the year of the

repeal of the all-rider helmet law, an outcome seen in other states that

repealed helmet laws in recent years. The increases in motorcycle

registrations alone do not account for the size of the increases in

fatalities or the hospital admissions for head injuries. The decline in

helmet use contributed significantly to the increase in deaths and

head injuries. Other factors that may have contributed to the fatality

increase are alcohol use, speed, increased exposure, and the likely

contribution of a change in motorcycle ridership.

Nationally, motorcycle vehicle miles of travel (VMT) increased

gradually throughout the 1990s, but decreased in 2001 and 2002. The

VMT measure, provided by the Federal Highway Administration, is

regarded as a good indicator of trends year to year, but cannot be

broken down reliably to the individual state level for motorcycles. In

1998, the average motorcycle traveled 2,645 miles, while in 2002 this

figure had declined to 1,909 miles.

Summary

The effects of Florida’s repeal of its all-rider motorcycle helmet

use law are similar to those seen in the other states that have repealed

such laws (Arkansas, Kentucky, Louisiana, Texas). 

■ Deaths increased by 24 percent above what was expected from

the increase in motorcycle registrations.

■ Helmet use declined from near 100 percent to near 50 percent

after the all-rider helmet law was repealed.

■ The decline in helmet use likely contributed to the increase in

fatalities.

■ Deaths in riders <21 years, who were still required to wear

helmets, increased by 188 percent. 

■ Motorcycle fatalities and fatality rates rose in Florida much

more than nationally.

■ Costs to treat injured motorcyclists with head injury as primary

diagnosis more than doubled – to $44 million in 2002.

■ Fewer than 25 percent of the hospitalized cases for head, brain

or skull injuries cost less than $10,000, the required level of

insurance to ride without a helmet. 

■ One out of five hospital-admitted motorcyclists had costs (total

$10.5 million) billed to charitable and public sources (e.g.

Medicaid).

How To Order

For a copy of Evaluation of the Repeal of the All-Rider

Motorcycle Helmet Law In Florida (30 pages) write to the Office

of Research and Technology, NHTSA, NTI-130, 400 Seventh

Street, SW., Washington D.C. 20590 or send a fax to (202) 366-

7096 or download www.nhtsa.dot.gov. Patty Ellison-Potter, Ph.D.

was the contract manager.

Head-Brain-Skull Injury Treatment Costs

Number of Total Average

Period Cases Costs* Costs* Case Cost*

1998 188 $6,460,620 Pre Law Pre Law

1999 263 $9,463,172 (30 Months) (30 Months)

2000 pre 151 $4,845,147 $20,779,939 $34,581

2000 post 178 $6,455,558 Post Law Post Law

2001 445 $17,555,237 (30 Months) (30 Months)

2002 474 $19,733,833 $43,744,629 $39,877

* Adjusted by Consumer Price Index (DOL) for medical care, 1999-2002,

expressed in 1998 dollars. Source: Florida Agency for Health Care

Administration, Department of Labor

U.S. Department of Transportation 400 Seventh St., SW., Washington, D.C. 20590

National Highway Traffic Safety Administration

Traffic Tech is a publication to disseminate information about

traffic safety programs, including evaluations, innovative

programs, and new publications. Feel free to copy it as you wish. 

If you would like to receive a copy, contact Patty Ellison-Potter.

Ph.D., Editor, fax (202)366-7096, e-mail: Patricia.EllisonPotter@nhtsa.dot.gov