I can not support Delaware's HB95. While I believe any manditory helmet laws and seat belt laws are unconstitutional. I can't support this bill on the technicality of the wording inside the Bill. The SYNOPSIS of this bill states that it
"eliminates the requirement that a person must have a safety helmet in their possession while operating or riding on a motorcycle".
This may sound like something that is good for liberty riders. However this is not the problem I have with the wording.
This bill does not change the age requirement in Title 21 of the Delaware Code; from a person "up to 19 years of age being told they "must wear a safety helmet while operating or riding on a motorcycle"."
bold texted is the wording that I have a problem with!!!
Delaware citizens at the age of 17 (with their parents consent) is permitted to join the military and die for the government. But that same government says you must be 19 before you get to choose whether or not to wear a lid.
The Bill should be worded to "Repeal" Title 21 and the Section related to this bad law-Title 21, Repeal it and not amend it.. Then amend the repeal to reflect individuals who are 17 with the parents consent or over age 18 years of age
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTORCYCLES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §4185(b), Title 21 of the Delaware Code by deleting the language “shall have in that person's possession a safety helmet approved by the Secretary of Safety and Homeland Security (hereinafter “Secretary”) through the Office of Highway Safety and” as it appears in subsection (b).
I understand the reason for the sponsors of HB 95 for introducing this Bill, at this time. Motorcyclists have been fighting for their right of choice for over 30 years and this wording is all wrong. For a true Liberty Rider to agree to.
It isn't about voters having liberty to choose at all. If so, it would have included repealing the manditory seatbelt law as well!
So, what is this bill actually about?
It is a political maneuver from the so called Two Party System who have not done their jobs correctly in serving the People!
This bill is about putting a breadcrumb on the table of a starving family (motorcyclists) to buy these political tricks, making motorcyclists believe the Two party's seated in the State General Assembly is doing something for people. And suggesting that a little is better than nothing at all.
This is to get motorcyclists votes in the upcoming elections. All for a bill that is actually no better than the current law that is already on the books.
HB 95 should not be needed at all. Instead of it reading "This bill eliminates the requirement that a person must have a safety helmet in their possession while operating or riding on a motorcycle. This bill does not change the ...requirement in Title 21 of the Delaware Code that a person up to 19 years of age must wear a safety helmet while operating or riding on a motorcycle.":
A New Bill should be drafted instead that reads:
HOUSE OF REPRESENTATIVES
146th GENERAL ASSEMBLY
HOUSE BILL NO. 95
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTORCYCLES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Repeal §4185(b), Title 21 of the Delaware Code, the language “shall have in that person's possession a safety helmet approved by the Secretary of Safety and Homeland Security (hereinafter “Secretary”) through the Office of Highway Safety and” as it appears in subsection (b).
Amend §4185 with the language (b) every person up to 18 years of age, or up to 17 with the parents or guardians consent, operating or riding on a motorcycle shall wear eye protection and a motorcycle helmet approved by the Secretary of Safety and Homeland Security (hereinafter "Secretary") through the Office of Highway Safety by the Secretary
SYNOPSIS
This bill repeals the requirement that a person must have a safety helmet in their possession while operating or riding on a motorcycle. This bill amends the requirement in Title 21 of the Delaware Code that a person up to 18 years of age or 17 with the parents or guardians consent must wear a safety helmet while operating or riding on a motorcycle.
The biggest problem with this bill is the age requirements
You only have to be 17 with the parents consent to enlist and die for the government, Yet the government says you have to be 19 before you are allowed decide whether or not to wear a a lid if this bill were to be passed!!!!
Repeal §4185(b) and amend the Bill to reflect under the age of 18-
Change the wording in this bill to reflect this matter.Otherwise I can't support the Bill.
The reason for this process I urge is due to the General Assembly showing in good faith they seek to provide liberty to those who are voting age.
The whole bill is stupid anyway. What good does the helmet do if it is not on the rider or passenger's head? I know people who have died because they have been tossed from a motorcycle--they would have stood a much better chance if they would have been wearing a helmet. Call it freedom if you want but not wearing a helmet is plain and simple STUPIDITY.
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