Nebraska's motorcycle helmet law could be on its way out

Years of attempts to repeal Nebraska’s motorcycle helmet law appear to be on the brink of paying off.

Nebraska lawmakers voted 30-5 on Wednesday to put repeal legislation into LB138, which is awaiting final-round consideration.

State Sen. Ben Hansen of Blair proposed the amendment, which mirrors the version of his LB91 that advanced earlier from the Transportation and Telecommunications Committee. He said people should be free to decide if they want to take the risk of riding without a helmet.

Other lawmakers chimed in to support the amendment, even as they told about their own close brushes with death or about friends and family members who died in motorcycle accidents without helmets.

Sen. Teresa Ibach of Sumner said two of her nephews died while riding motorcycles, one who was wearing a helmet, and one who was not. Sen. Dave Murman of Glenvil said a motorcycle helmet saved his life as a young man. But both said they favored the repeal.

“Government should not be involved in these personal decisions, even though I know more people will die,” said Sen. Wendy DeBoer of Bennington. “It is not our responsibility to tell you what to do.”

Others opposed the idea, including Sen. Mike Moser of Columbus, who said government tells people what to do in many situations, including wearing seat belts, putting children in car seats and obeying speed limits. Sen. Carol Blood of Bellevue said the number of organ donations increases in states without helmet laws.

Sen. Megan Hunt of Omaha, who abstained on the amendment, called fellow lawmakers “massive, massive hypocrites” for arguing against government mandates while supporting the state’s new ban on abortions at 12 weeks’ gestation and the ban on transgender health care for minors.

Under Hansen’s amendment, any motorcyclist or passenger over age 21 who has completed a basic certification course by the Motorcycle Safety Foundation would be able to ride without a helmet, starting on Jan. 1, 2024.

Riders from out of state could also ride without a helmet if they have taken an equivalent course and carry proof of completion. The bill would require riders and passengers to wear protective glasses or have a windshield on their bikes.

The amendment would make helmet law violations secondary offenses, meaning that law enforcement could only ticket riders for helmet law violations if they are stopped for some other traffic offense.

The measure would add Nebraska to the list of states that have eliminated or relaxed laws requiring anyone riding a motorcycle to wear a helmet. The Nebraska law has been in place since 1989, despite repeated attempts to repeal it.