Helmet Laws...

TORONTO (December 2, 1991) - In an official submission to the Standing Committee on Resources Development dealing with the potential imposition of a mandatory bicycle helmets law in Ontario, Freedom Party's Barry Fitzgerald (president, Welland-Thorold Fp Constituency Association) presented a brief "as a private individual" which challenged the motivations behind the private member's bill introduced by Dianne Cunningham, Progressive Conservative MPP for London North.

Fitzgerald was reprimanded by the chair when he brought up the possibility that Cunningham's motivation to introduce such a law might have been initiated by a recent personal tragedy. Referring to an automobile accident in which Cunningham's son was severely injured (and in which he was not wearing a seatbelt), Fitzgerald commented, "Mrs. Cunningham... You have my deepest sympathy, but I do not believe this is the way to try to rectify the situation."

Nevertheless, Cunningham responded: "I do not mind talking about that. That is not the reason I am bringing forward this legislation.

"I am a Conservative and I have never, ever been one to support intrusions into people's family lives, so for me this has been a very difficult piece of legislation to bring forth. It has been based on improving the quality of life... I can tell you this was not something I wanted to have to bring forward. Some days I wish that (accidents with children and adults on bicycles) would just go away."

"What is next?" asked Fitzgerald. "What next restriction will be placed? Will drivers of automobiles and passengers be required to wear helmets? Will we start banning sports, making regulations for people in sports to wear helmets or actually banning some that are considered dangerous? It opens quite a can of worms and I think it should be avoided. Therefore, I would like you to consider withdrawing this bill."

"If I had all the answers, we would not have public hearings," responded Cunningham. "We have public hearings so that people like yourself can come before this committee and help us with this legislation... I do not have any questions because I understand why you are here."

Despite her assurance that her personal experience "is not the reason I am bringing forward this legislation," Cunningham was quoted in the London Free Press in direct reference to her son's car accident: "What you want to do if you ever experience this is make sure it never happens to anyone else's child."

Whatever Cunningham's actual motivation, it is clear that regardless of the outcome of her private member's bill to force cyclists to wear helmets, it will have very little effect on the injuries of those who fail to wear their seatbelts in cars involved in accidents.

• Helmet Law Unenforceable: "Should this bill become part of the Highway Traffic Act, I have a concern about enforcement particularly with regard to young children under twelve years old. As you know, the Provincial Offences Act states that children under 12 cannot be charged with an offence. This group of cyclists is the most inexperienced, the least knowledgeable and thus the most likely to have an accident, yet they are exempt, for all practical purposes, from the bill. I take serious issue with any attempt to attach culpability to the parents."

• Helmet Law Misdirected: "Another problem is that the aim of this bill is to minimize injuries after the accident has happened. It would be better to focus your attention on reducing the accidents in the first place. I suggest you accomplish this by rider training... Before riders should be allowed the privilege of using a road, they should demonstrate they can do so responsibly."

• Helmet Law a Disincentive to Bicycling: "...cyclists I spoke to were almost unanimously against it. Some female cyclists said they would sell their bicycles before they would wear or buy a helmet. They cited reasons ranging from the expense of the helmet to such trivial things as messing up their hair. They also want to know what they are supposed to do with their helmets once they arrive at their destination."

• Taxes on Safety Equipment Discriminatory: "Our taxation system generally is discriminatory in the way you put a tax on something you do not want people to buy, like cigarettes and alcohol. Yet safety equipment is fully taxable as well."

GET THE DETAILS! Transcripts of Fitzgerald's address to the Committee are available to Fp members and supporters on request.

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