Press Releases, News & Notes
March, 1998
Kentucky Repeals Helmet Law
KENTUCKY REPEALS HELMET LAW! NCOM, March 3, 1998 -- Kentucky Governor Paul Patton today signed House Bill 106 into law, making Kentucky the third state in less than a year to repeal their adult helmet law for motorcyclists! HB 106 cleared its final hurdle on February 24, 1998, when the state Senate voted 35-3 to send the helmet law repeal bill to the governor's desk. Effective July 15, 1998, Kentucky will be helmet free for adults 21 or older, providing they can show proof of medical insurance.
Congratulations to Kentucky Motorcycle Association/KBA members, their State Coordinator Jay Huber and all the hard working bikers rights activists in the soon-to-be free state of Kentucky!
Regarding the controversial medical insurance provisions, Huber said, "First off, we do not like this provision and did all we could to kill it without jeopardizing our bill. We were told in no uncertain terms that if our bill changed in any way it would be killed when it went back to the House for concurrence. We have a very narrow window of opportunity, and we're not going to retreat from the ground we've already gained. Now that the governor has signed HB 106, we can battle from ground already taken and move forward." According to Huber, Kentucky motorcyclists intend to continue to fight the insurance amendment during the remaining month their legislature is in session, and later through the courts if necessary. "We are not done yet with this amendment this session," said Huber, "What we can do is attach an amendment to kill the
health insurance amendment onto another bill that looks as if it will pass. Also, a ton of administrative regulations have to be written for this to take effect, and we have some friends on the committees that oversee that process...we will ask them to basically muddy the waters so bad they can't enforce it."
So, what exactly is the amendment? "First off there is no dollar amount," explains Huber, "So, if you have $.01 worth of coverage you meet the requirements. This can be HMO, VA card, Medicare, Medicaid, PIP or hospitalization on your bike insurance policy. There are a lot of logistical questions that still need to be answered, the same as in Texas. The KYDOT and some of the individual law enforcement officers are already saying that it is unenforceable. Perhaps they'll try to enforce it for a while, but after a few headaches on their part they will stop."
Reacting to Kentucky's recent victory, AIM/NCOM Founder Richard Lester stated, "NCOM's responsibility is to assist state motorcycle rights organizations in whatever legislative pursuits they deem appropriate for their membership and the motorcyclists in their particular state." "In politics, we have to sometimes make the best deal we can and then come back for more later," lectures Huber, " We did it on the national level with getting the level of penalties reduced in ISTEA until we could come back in 1995 and get them repealed retroactively. The fight here in Kentucky is not over, just the battlefield is changing."