[Policy] [BW_Advocacy] Manitoba Bicycle Helmet Standards Consultation

Mon Aug 29 05:23:42 PDT 2016

Thanks Mark!

On Sun, Aug 28, 2016, 9:00 PM Laura Donatelli <omojean98 at hotmail.com> wrote:

> 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>
> 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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