[Policy] Manitoba Bicycle Helmet Standards Consultation

[Laura Donatelli]

Sorry that I didn't see this until this weekend.  Mark, thanks for your response.  The Policy Committee is meeting tomorrow as it happens so we will have a chance to discuss this in detail then.

Laura


________________________________
From: Policy <policy-bounces at lists.bikewinnipeg.ca> on behalf of Mark Cohoe <mark.e.cohoe at gmail.com>
Sent: August 26, 2016 4:09 PM
To: policy at lists.bikewinnipeg.ca; Bike Winnipeg Advocacy
Subject: Re: [Policy] Manitoba Bicycle Helmet Standards Consultation

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<mailto: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<mailto: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<mailto:ed at bikewinnipeg.ca>" <ed at bikewinnipeg.ca<mailto:ed at bikewinnipeg.ca>>, "contact at bikewinnipeg.ca<mailto:contact at bikewinnipeg.ca>" <contact at bikewinnipeg.ca<mailto:contact at bikewinnipeg.ca>>
Cc: "Charles at bikewinnipeg.ca<mailto:Charles at bikewinnipeg.ca>" <Charles at bikewinnipeg.ca<mailto: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<tel:%28204%29%20945-2185> / Fax: (204) 945-5539<tel:%28204%29%20945-5539>
E-mail: Caithlin.McArton2 at gov.mb.ca<mailto:Caithlin.McArton2 at gov.mb.ca>


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.bikewinnipeg.ca/private.cgi/policy-bikewinnipeg.ca/attachments/20160829/fede13ee/attachment-0001.htm>