IV 

111TH CONGRESS 

2D SESSION H. RES. 1498 

Supporting efforts to retain the ban on the National Highway Traffic Safety 

Administration’s (NHTSA) ability to lobby State legislators using Federal tax dollars and urging the NHTSA to focus on crash prevention 

and rider education and training. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 1, 2010 

Mr. SENSENBRENNER (for himself, Mr. LAMBORN, Mr. REHBERG, Mr. PETRI, 

and Mr. RYAN of Wisconsin) submitted the following resolution; which 

was referred to the Committee on Transportation and Infrastructure 

RESOLUTION 

Supporting efforts to retain the ban on the National Highway Traffic Safety Administration’s (NHTSA) ability to 

lobby State legislators using Federal tax dollars and 

urging the NHTSA to focus on crash prevention and 

rider education and training. 

Whereas since 1995, Congress has protected the authority of 

the States to determine whether motorcycle riders should 

wear helmets; 

Whereas more than 7,000,000 motorcyclists cherish the personal freedom and individual responsibility of motorcycle 

riding; 

Whereas there has been continuous growth in motorcycle use 

and ownership, especially among females who account for 


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•HRES 1498 IH 

more than 23 percent of those who have ridden a motorcycle, and more than 12 percent of those who own a motorcycle; 

Whereas motorcycles are the most affordable form of private 

motorized transportation in the United States; 

Whereas according to the Governors Highway Safety Association, motorcycle rider fatalities decreased by at least 10 

percent in 2009, without the implementation of a Federal 

mandatory helmet law; 

Whereas the National Highway Traffic Safety Administrator 

stated that the ‘‘core component of our program has not 

changed; it is to increase helmet use’’ and ‘‘anything that 

the Congress does that would support the movement of 

riders into helmets would be efficacious of safety.’’; 

Whereas the Tenth Amendment of the Constitution reads, 

‘‘The powers not delegated to the United States by the 

Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.’’; 

Whereas despite the Tenth Amendment, the National Highway Traffic Safety Administration (NHTSA) in the past 

lobbied State legislatures to enact mandatory helmet laws 

using Federal tax dollars; 

Whereas in response to the NHTSA’s lobbying efforts, section 30105 of title 49, United States Code, states that 

‘‘No funds appropriated to the Secretary for the National 

Highway Traffic Safety Administration shall be available 

for any activity specifically designed to urge a State or 

local legislator to favor or oppose the adoption of any 

specific legislative proposal pending before any State or 

local legislative body.’’; and 


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Whereas the motorcycling community is concerned that Government health care plans will exclude coverage for riders 

injured while not wearing a helmet: Now, therefore, be it 

1 Resolved, That— 

2 (1) the House of Representatives— 

3 (A) supports efforts to retain the ban on 

4 the National Highway Traffic Safety Adminis5 tration’s (NHTSA) ability to lobby State legis6 lators using Federal tax dollars; 

7 (B) encourages continued growth in the 

8 motorcyclist community and for owners and rid9 ers to be responsible road users; 

10 (C) recognizes the importance of motor11 cycle crash prevention as the primary source of 

12 motorcycle safety; 

13 (D) encourages the NHTSA to focus on 

14 crash prevention and rider education as the 

15 most significant priorities in motorcycle safety; 

16 (E) recognizes that if motorcycle riders are 

17 not involved in a crash then they will not be in18 jured; and 

19 (F) encourages the NHTSA to provide to 

20 the appropriate committees a detailed statement 

21 of why it believes it is less important to focus 

22 on crash prevention, rider education and train23 ing, proper licensing, and reducing impaired 


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1 riding than on mandating universal helmet use; 

2 and 

3 (2) it is the sense of the House of Representa4 tives that any law that supersedes State laws re5 garding the use of helmets as it applies to denial of 

6 health care coverage and benefits resulting from an 

7 injury sustained while riding a motorcycle should not 

8 be implemented. 

Æ 


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