With the recent repeal
of their mandatory all-ages bicycle helmet law, Bosnia and Herzegovina has
become our best model for similar efforts. Congratulations to all their citizens
and visitors for the return of the freedom to ride bikes normally, without a
helmet.
Mandatory
bicycle helmet laws undermine efforts to increase bicycling by making
bicycling seem more dangerous than it is, then putting the blame on cyclists if
a crash does occur. If we expect more people to ride bikes, these laws must be
removed from the books. Such repeal efforts usually seem impossible because of
the emotional, overblown rhetoric that caused their passage in the first place.
Mexico
City is one rare example of a successful total repeal. Israel is a partial example by
repealing at least the adult portion of their law. But there were no nationwide
total repeals. Until now!
Join with us in celebrating this important victory by
forwarding this post and reposting the press release from the Centre for
Environment, pasted below:
Repeal of obligatory bicycle helmet law in Bosnia and
Herzegovina
After six long years of campaigning for the abolition
of the compulsory wearing of bicycle helmets in Bosnia and Herzegovina the
Centre for Environment welcomed the adoption of the Law on Amendments to the
Law on traffic safety on the roads of Bosnia and Herzegovina. With exceptional
joy and pride we can confirm to all the citizens of Bosnia and Herzegovina that
they can now choose whether or not they want to wear a safety helmet. We would
especially like to thank Mr Zoran Andric from the Ministry of Communication and
Transport of Bosnia and Herzegovina who proactively informed all stakeholders
as well as gave us opportunity several times to explain our facts and figures
that were against obligatory bicycle helmets. The conduct of the
representatives from this ministry during the public hearing process and
decision making is a model for all public institutions.
Tihomir
Dakic, Transport Program Coordinator at the Center for
Environment: "This is a major step towards greater and easier promotion of
the use of bicycles as a means of transport. It returns the focus from reducing
the consequences of crashes, to minimizing the causes of traffic crashes. Since
2006 until now cycling was incorrectly presented as a dangerous activity. In
fact the health benefits of the daily use of the bicycle outweigh the traffic
risks by around 20:1. Now it is up to
the local communities to pay more attention to the traffic regulation,
demotivation of the use of motor vehicles, promotion of healthy ways of
movement and reducing air pollution. We invite all those who stopped using the
bicycle due to the helmet law to return to it, to respect traffic rules and
enjoy all the benefits that cycling provides. "
Milenko
Dzever, Associate for roads and licenses at the Agency for
Traffic Safety of the Republic of Srpska: "On behalf of the Agency we
welcome the changes to the Law, and we wish to note that Article 102 does not
prohibit the wearing of helmets, but gives the choice to people whether they
want to use it or not. Of course, we recommend that children wear helmets until
they master riding a bicycle well enough. So far the old article of the Law
discouraged bicycle use, and it should be the opposite, to discourage users of
motor vehicles, especially in urban areas. Since the motor car is still seen as
a status symbol in our country about 80% of trips are made by personal motor
vehicle. This urgently needs to be changed. By investing in cycling and
pedestrian infrastructure for the local community we will significantly improve
traffic calming, increase the level of traffic safety, which in turn will
significantly improve the health of people and economic development of local
communities".
About changes in the law in Bosnia and Herzegovina,
they said:
Ceri
Woolsgrove, expert on traffic safety, the European Cyclists
Federation, Brussels:
"European Cyclists Federation (ECF) believes that
cyclists should be able to choose whether to wear or not to wear helmets and
reflective vests. We do not agree with the mandatory use of helmets and
reflective vests. We welcome the excellent work of the Centre for Environment,
a member of the ECF that highlighted this important issue representing the
interests of cyclists to the authorities in Bosnia and Herzegovina. Cycling is
not an overly dangerous activity and brings tremendous health benefits for
individuals, and has a positive effect on the environment and society as a
whole. Defending cycling in all its forms, helmeted or non-helmeted, is
important to the development of cycling and the use of all its benefits. We
welcome the work of the Ministry of Communications and Transport for allowing
citizens the freedom to choose their clothing with which they want to ride a
bicycle. We also expect that the institutions of Bosnia and Herzegovina
contribute to facilitating the development of safer traffic, especially for
cyclists and pedestrians".
Sue
Knaup, Executive Director of the international association
One Street, Prescott, Arizona, USA:
"Bosnia and Herzegovina has set an important
precedent with this repeal. Any law that mandates the wearing of helmets or
other articles, criminalizes the use of bicycles as an efficient and affordable
means of transportation. We at One Street applaud this important repeal and
look forward to showcasing Bosnia and Herzegovina as a model for jurisdictions
ready to remove their own unjust laws against bicycling."
Before the campaign started the paragraph about
bicycle helmets in the Law adopted 2006 was:
“Article
102
Riders of bicycle, bicycle with a
motor, light motorcycle or motorbike and persons transported on those vehicles
must wear protective helmets while riding.“
During these years the police rarely fined cyclists,
but they started to lobby to integrate better definition of bicycle helmet
wearing as well as impose reflective vests.
Then police and transport safety experts lobbied for
defining it further to protect cyclists and Ministry of Communication and
Transport changed it in 2010 to this:
“Article
102
Riders of bicycles, mopeds, light
motorcycle, motorcycle, tricycle, light quads or quads and persons carried on
those vehicles must properly use safety helmet while riding, and in the period
from dusk to complete dawn, as well as during the day in case of low
visibility, cyclists must use reflective vest.“
This was the moment in which we started to investigate
all Laws on traffic safety from different countries and soon we found out that
we were “The worst”.
We spent countless hours and days over six years
lobbying with no funds, only huge enthusiasm and energy to repeal this most
serious negative impact on cycling promotion.
Then, with the help of the authorities noted above,
this was the result of our struggle:
“Article
102
(1) The rider of a moped, light
motorcycle, motorcycle, tricycle, light quads and quads, as well as persons
transported on these vehicles must carry on his head buttoned protective
helmet.
(2) The rider of the bicycle during
the period from dusk to complete dawn, as well as during the day in case of
reduced visibility, they need to use reflective vest or reflective appropriate
equipment that provides adequate visibility of the rider or the bicycle.”
We succeed to exclude the word “bicycle” from
paragraph (1) and the protective helmets became history. Meanwhile in paragraph
(2) we added second part after reflective vests to allow a choice of ways for
making us, cyclists, more visible and with more comfortable accessories.
For more information contact Tihomir Dakic at
tihomir.dakic{at}czzs.org or visit Centre for Environment's website at www.czzs.org.
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Great news and well done all.
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