[Policy] Manitoba Bicycle Helmet Standards Consultation

[Mark Cohoe]

Here is what I ended up submitting.

Mark

On Fri, Aug 26, 2016 at 1:40 PM, Mark Cohoe <mark.e.cohoe at gmail.com> wrote:

> 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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