LEGAL RIGHTS

Helmet Use by Minor ATV Riders

There is no doubt on the part of emergency room physicians that requiring the use of helmets by minor riding all terrain vehicles (ATVs) would reduce deaths and head injuries.

The problem, as seen by some physicians, is that when a family first gets an ATV, they always insist their child wear a helmet, but soon get lax about helmet use on the ATV by their minor child. Invariably, it is that one time when they don't require their child to wear a helmet that the ATV crashes and the minor suffers a head injury.

Some states, such as Kentucky, are currently considering a mandate that all children 16 year old and younger wear a helmet whenever riding an ATV.

Those in support say this will save lives and protect minor ATV riders from lifelong brain injuries caused by ATV accidents. Many opponents of making the law mandatory say they see the value of helmet use by minors, but do not want it mandated for private land. They say such a mandated ATV helmet use would violate the private property rights of citizens.

Many law enforcement officials are in support of the mandated ATV helmet use by minors, even on private land, but they say they will not enter private property if they do not "observe the violation occurring initially on the public roadway." In other words, they must see a minor riding an ATV without a helmet on a public street or highway, who then enters private property, before they will follow that minor onto the private land.

According to the Brain Injury Association of Kentucky, that state leads the country in ATV deaths, and that children age 16 and lower are the most likely to be injured.

In a four-year period, 1996 through 2000, 151 children with ATV-related injuries were admitted at the University of Kentucky hospital. Of the five reported deaths, and at least four were caused by head injuries because the minor riding the ATV was not wearing a helmet.

See also:

Consumer Product Safety Commission ATV Deaths Report
All-Terrain Vehicle Legislation for Children: A Comparison
ATV Safety Packet: ATV Safety Fact Sheet