[Policy] Fwd: Manitoba Bicycle Helmet Standards Consultation

[Mark Cohoe]

Hi,

I had forwarded this to the advocacy list when it arrived but forgot to
include the policy list in the email. I need to get a reply back today (it
was due yesterday). Jason Carter has kindly contacting Randy Swart
from the Bicycle
Helmet Safety Institute <http://www.helmets.org/index.htm> for his response.

My feeling is that we should state that we do not recommend mandatory
helmet legislation (with reference to the need to protect overall health),
and suggest that Manitoba's Transportation Policy regarding helmets be
limited to recommending standards or limiting sales in Manitoba to the
listed standards.

Thoughts?

Mark


Randy's response:

Thanks, Jason, for forwarding the request from Manitoba Infrastructure's
Transportation Policy Division.

Dropping the obsolete standards make sense, although a few people are still
riding with an old helmet certified to one of them, and those helmets
actually still perform well according to an awesome Canadian study:
http://www.helmets.org/helmetlineraging.htm

The ASTM bike helmet standard is correct, but the helmet stickers will only
reference F1447, not the underlying test method designated as F1446. So
citing F1446 is not strictly necessary but doesn't hurt anything.

The most important thing is the language that says revisions are
acceptable. We all update our standards regularly, and that keeps the law
current.

Randy



---------- Forwarded message ----------
From: McArton, Caithlin (MI) <Caithlin.McArton2 at gov.mb.ca>
Date: Wed, Aug 17, 2016 at 4:06 PM
Subject: Re: Manitoba Bicycle Helmet Standards Consultation
To: "ed at bikewinnipeg.ca" <ed at bikewinnipeg.ca>, "contact at bikewinnipeg.ca" <
contact at bikewinnipeg.ca>
Cc: "Charles at bikewinnipeg.ca" <Charles at bikewinnipeg.ca>


Attention:

Bike Winnipeg Inc.

c/o 3rd Floor, 303 Portage Avenue

Winnipeg, MB

R3B 2B4



Dear Mr. Mike Cohoe,



The Province of Manitoba is seeking your input and expertise regarding an
amendment to a regulation by Manitoba Infrastructure regarding bicycle
helmets/protective headgear standards.



Manitoba’s *Highway Traffic Act* (HTA) and the *Bicycle Helmets Regulation*
require persons under 18 years of age operating or riding on a bicycle to
wear a bicycle helmet that conforms to one of the helmet standards set out
in regulation.



Currently, Manitoba’s helmet standards pertaining to protective headgear
for motorcyclists, off-road vehicle (ORV) operators and bicyclists are
antiquated. In some cases, the regulations prescribe helmet standards that
are outdated or have been withdrawn, and do not reference modern standards.
As a result, contemporary helmet standards are not acceptable in Manitoba,
despite that they may be of a superior standard because only helmet
standards prescribed in regulation are permitted.



The Province of Manitoba is contemplating a change to the *Bicycle Helmets
Regulation* (HTA), where the only standards that will no longer be
permitted are as follows:

1.    American National Standards Institute standard ANSI Z90.4-1984, *American
National Standard for Protective Headgear for Bicyclists, *and

2.    Canadian Standards Association Group standard CAN/CSAD113.2-M89, *Cycling
Helmets*.



The above-noted standards have been with withdrawn by their respective
standard development organizations, i.e. CSA Group and ANSI. In other
words, these bike helmet standards no longer exist.



The intention is to modernize Manitoba’s regulatory framework to provide
the riding public with the most advanced helmet standards and to ensure
access to helmets with the most effective safety features to reduce the
risk and severity of head injuries.



It is proposed that the *Bicycle Helmets Regulation* propose the following
helmet standards, as it has been confirmed by standard development
organizations that the following are the latest and most active standards
available:

-        Snell Memorial Foundation standard *B-95 Standard for Protective
Headgear 1998 Revision For Use in Bicycles*,

-        Snell Memorial Foundation standard *B-95A 1998 Addendum to the
1995 Standard for Protective Headgear For Use With Bicycles and to the 1994
Standard for Protective Headgear for Use in Non-Motorized Sports, *

-        Snell Memorial Foundation standard, *B-90 A 1998 Augmentation to
the B-90 Standard for Protective Headgear for Use with Bicycles*,

-        Snell Memorial Foundation standard, *B-90/95C 1998 Addendum to
B-90/95 Standard for Protective Headgear For Children Four Years of Age and
Younger For Use in Bicycling,*

-        American Society for Testing and Materials (ASTM) F1447-12, *Standard
Specification for Helmets Used in Recreational Bicycling or Roller Skating,
*

-        American Society for Testing and Materials (ASTM) F1446-15b, *Standard
Test Methods for Equipment and Procedures Used in Evaluating the
Performance Characteristics of Protective Headgear, *

-        The United States of America, Code of Federal Regulations Title
16, Part 1203, *Safety Standard for Bicycle Helmets* (also known as the
U.S. Consumer Product Safety Commission CPSC *Safety Standard for Bicycle
Helmets*),

-        European Committee for Standardization standard EN 1078:2012, *Helmets
for Pedal Cyclists and for Users of Skateboards and Roller Skates*, or

-        Standards Australia/Standards New Zealand standard AS/NZS
2063:2008, *Bicycle Helmets*.



Please note that helmets are acceptable as long as they are certified in
accordance with any one of the above-noted standards.  The proposed
regulation will also include a provision that states that all of the helmet
standards set out in regulations are adopted as originally published or as
amended from time to time.



It is also anticipated that most bicyclists will not be negatively impacted
by the change in helmet standards because the majority of retailers are
selling these helmets and the majority of riders are using a helmet already
in compliance with the amended regulation.



Prior to having proposed regulatory amendments considered by the Government
of Manitoba, Legislative and Regulatory Services would like to better
understand if the proposed changes will have any implications for
Manitoba’s young cyclists. In your capacity as Executive Director of Bike
Winnipeg, could you please answer the following two questions provided
below. If you are not the right contact person, kindly refer me to the
appropriate representative within Bike Winnipeg.



*Question**:*

1.    Does Bike Winnipeg Inc. support the modernization of Manitoba’s
regulatory framework by removing withdrawn/obsolete standards, namely
the American
National Standards Institute standard ANSI Z90.4-1984, *American National
Standard for Protective Headgear for Bicyclists, *and the Canadian
Standards Association Group standard CAN/CSAD113.2-M89, *Cycling Helmet?*

2.    Please explain your position.



Please feel free to provide any additional information, that in the opinion
of Bike Winnipeg, would be considered relevant to this consultation.



If you prefer, please feel free to contact me directly by telephone to
discuss this matter. If possible, I would appreciate a response by next
Thursday, August 25, 2016.



Your assistance is greatly appreciated. Thank you for your attention to
this matter.



Sincerely,



Caithlin McArton, MPA



Policy and Legislative Analyst

Legislative and Regulatory Services

Transportation Policy Division

Manitoba Infrastructure



1520-215 Garry Street

Winnipeg, Manitoba

R3C 3P3

Tel: (204) 945-2185 / Fax: (204) 945-5539

E-mail: Caithlin.McArton2 at gov.mb.ca
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