Bicycle helmets in New Zealand

Bicycle helmets are mandatory in New Zealand, the only country with a helmet law enforced nationwide,^[1] requiring bicycle riders of all ages to wear helmets.^[2] The law has been in effect since 1 January 1994, despite ongoing international and national criticism of its effectiveness for injury prevention, during a period in which some other countries have revoked or modified their bicycle helmet laws.

Under this helmet law, any person using the road on a bicycle or bicycle trailer must wear a securely-fastened, approved bicycle helmet. Failure to do so risks a NZ$55 fine. In 2005 a survey of 5700 cyclists at 58 sites around New Zealand found that 91% wore helmets.^[3] This bicycle helmet law does not apply to tricycles, unicycles or kick scooters.

Exemptions are 'rare'^[4] but are available on the grounds of religious belief, physical disability or 'reasonable grounds'.^[5][6] A "lack of protection offered by bicycle helmets and the possibility of increased risk" does not constitute 'reasonable grounds'.^[7]

The joint standard in Australia and New Zealand for bicycle helmets is AS/NZ2063. It was published in 1996.

History

The law had its genesis in the late 1980s when Rebecca Oaten, dubbed the "helmet lady" in the media, started a campaign advocating for compulsory helmets. Her son, Aaron, had been permanently brain damaged in 1986 while riding his 10-speed bicycle to school in Palmerston North. A car driver hit him, flinging Aaron over the handlebars and headfirst to the ground,^[8] where his head struck the concrete gutter. After 8 months in a coma, Aaron awoke paralysed and unable to speak.^[9] According to Oaten, a doctor at the time told her that Aaron would "almost certainly not have suffered brain damage" had he been wearing a bicycle helmet.^[10]

In the late 1980s and early 1990s Oaten travelled the country promoting the use of cycle helmets. For six years she visited an average of four schools a day, "lambasting" kids with reasons why they should wear helmets.^[11] She also set up a lobby group, the Protect the Brains trust, which spread nationwide and put pressure on the government for a bicycle helmet law.^[9]

Oaten's campaigning is commonly perceived as the main impetus for the law compelling all ages of people on bicycles to wear helmets, and for what many researchers,^[12] cycling groups^[13] and helmet testers ^[14] see as New Zealanders' overconfidence in the protective ability of bicycle helmets.

The decision to introduce the law was also strongly influenced by similar laws enacted across Australia between 1991 and 1992.^[15][16]

Aaron Oaten died on 14 August 2010, aged 37.^[9][8]

Research

Figure 1. Adult cyclist head injuries versus helmet use following crashes involving motor vehicles in New Zealand^[17]

In a study by the Ministry of Transport published in 1999, researchers estimated that from 1990 to 1996, bicycle helmets caused a 20 percent reduction in head injuries in collisions with motor vehicles and by 24 to 32 percent in non-motor vehicle collisions and solo falls. To judge how dangerous the crashes had been, the researchers compared head injuries to limb injuries, where helmet-wearing presumably made little difference.^[18]

This study has been discredited by a 2001 reanalysis of the data in the journal Accident Analysis and Prevention. The study noted that the reduction was part of a larger downward time trend in all injuries and bore no correlation to the dramatic increase in helmet-wearing following the introduction of the helmet law. "It seems likely that the apparent effects [of the reduction in head injuries] were an artifact caused by a failure to fit time trends in their model." See Figure 1.^[17]

A 2002 study of New Zealand's bicycle helmet law using cost-benefit analysis found that the law is only cost-effective for the 5-12 year-old age group.^[19] Research from Massey University in 2006 found that compulsory bicycle helmet laws led to a lower uptake of cycling, principally for aesthetic reasons.^[20]

Promoters of bicycle helmets in New Zealand, including the Ministry of Transport,^[21] Safekids,^[22] and state insurance agency the Accident Compensation Corporation^[23] continue to base their helmet promotions on a single 1987 case-control study (published 1989). This study has been labelled 'seriously flawed' by academics^[24][25] due to its unscientific use of control groups from different demographic backgrounds to the sample population (see confounding), and for the conflict of interest posed by the paper's funding from helmet standards body, Snell.^[24][26] This study's findings have been negated by real-world experiences of helmet promotion, including in New Zealand, which have never achieved anything approaching the promised level of protection.^[27] Indeed, recent analysis of data from Australia and New Zealand suggests, contrary to received wisdom, that helmet wearing has increased riders' accident risk:

There is evidence of increased accident risk per cycling-km for cyclists wearing a helmet. In Australia and New Zealand the increase is estimated to be around 14%.^[28]

Criticism

Outside New Zealand, there is decreasing confidence in the efficacy of bicycle helmets and New Zealand's helmet law is regularly held up as an example of how bicycle helmet laws fail to make cycling safer.

A summary of the outcomes of bicycle helmet laws around the world by interdisciplinary bicycle helmet research group Bicycle Helmet Research Foundation sums up the available studies from New Zealand: "[the number of] head injuries fell 19%, less than cycle use [approx 22%] ... Risk of head injury relative to cycle use increased." Moreover, a similar outcome is evident for every enforced bicycle helmet law.^[29]

The European Cyclists' Federation (ECF), an umbrella group for most of Europe's national cycling bodies, takes an anti-compulsion stance, stating: "Countries that have penalised people for normal cycling (without helmets), have failed to reduce head injury rates despite increased helmet wearing rates."^[30] This "may be due to risk compensation, incorrect helmet wearing, reduced safety in numbers (injury rates per cyclist are lower when more people cycle) or bias in case control studies."^[31]

The UK's national cyclists' organisation, CTC (an ECF member^[32]), is anti-compulsion because "compulsion laws in other countries have reduced the number of people who cycle – and the more people who cycle, the safer cycling becomes. What's more, cycling is such a healthy activity that people are far more likely to gain from it than otherwise. It's therefore important not to put anyone off." They add, "Several recent reports (including four papers in peer-reviewed medical journals) have found no link between changes in helmet wearing rates and cyclists' safety - and there are even cases where safety seems to have worsened as helmet-wearing increased."^[33]

The Cycling Advocates' Network (CAN), a nationwide New Zealand cycling advocacy group, prefers non-enforcement of bicycle helmets, though supporting their sports use^[34]: "There is evidence that mandatory cycle helmet wearing legislation is not working as intended and should be reviewed. ... Since the law's inception in 1994, this has never been done before in NZ in a comprehensive manner and so seems to be a reasonable request."^[35] According to CAN:

Despite evidence of a reduction in cycling in many parts of New Zealand, reported crashes involving cyclists are increasing. New Zealand is a high-risk country for cyclists, with the risk of death to adult cyclists (on a distance basis) about seven times worse than international best practice."^[36]

Government response

The official government line is that the law has been effective. An LTSA spokesman in January 2003 called helmets a "very important tool" for preventing injuries and dismissed an anti-compulsion group as "the lunatic fringe",^[37] a comment denounced by CAN, urging the LTSA (now the NZTA) to "play the ball and not the person."^[38] In June 2004 the same spokesperson stated, "I think the vast majority of people accept the fact that helmets protect them. There is no evidence that the helmet law discourages cycling or harms the health of New Zealanders - there is evidence that it has contributed to a reduction in cyclist head injuries."^[4]

In October 2008, Minister for Transport Safety Harry Duynhoven was widely denounced for saying, "I wonder if we never had helmets what our cycle population might be. ... I wonder what the social effect of helmets has been."^[39]

See also

• Cycling in New Zealand
• Transport in New Zealand
• History of cycling in New Zealand
• Bicycle helmets by country

References

1. ^ http://www.cycle-helmets.com/zealand_helmets.html
2. ^ http://www.nzta.govt.nz/resources/factsheets/01/cycles-rules-equipment.html
3. ^ Cycle helmet use: Results of national survey, March/April 2005 Ministry of Transport (New Zealand)
4. ^ ^{a b} "Cycling advocate ends his helmet headache". The New Zealand Herald. 2 June 2004. http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=3570047. Retrieved 20 September 2011. 
5. ^ "Land Transport (Road User) Rule 2004 (SR 2004/427)". New Zealand Government. 2004. http://www.legislation.govt.nz/regulation/public/2004/0427/latest/DLM303675.html#DLM303675. Retrieved 2008-03-29. 
6. ^ NZ Transport Agency. "Exemptions", updated 1 October 2010. Retrieved 2011-01-31.
7. ^ Thomson, Oliver and Morgan, Patrick. "Dump harmful helmet law say cyclists", CyclingHealth.org.nz, 12 Nov 2003. Retrieved 2011-01-31.
8. ^ ^{a b} Price, Christel. "The legacy of a life", The Guardian (Manawatu), 26 August 2010.
9. ^ ^{a b c} Duff, Michelle (17 August 2010). "Aaron's tragedy spurred Helmet Lady's crusade". Manawatu Standard. http://www.stuff.co.nz/national/4031829/Aarons-tragedy-spurred-Helmet-Ladys-crusade. Retrieved 20 September 2011. 
10. ^ Mullins, Justin. "Hard-Headed Choice", New Scientist, 22 July 2000. Retrieved 2010-08-29.
11. ^ Kennett, Jonathan (2004). Ride: The Story of Cycling in New Zealand. Wellington: Kennett Brothers. pp. 216. ISBN 095834907X. 
12. ^ Bicycle Helmet Research Foundation. "Published evidence sceptical of helmet effectiveness or promotion". Retrieved 2010-08-29.
13. ^ ECF Helmet Group. [1], European Cyclists' Federation. Retrieved 2010-08-29.
14. ^ Walker, Brian. "Heads Up", Cycle, June/July 2005. Retrieved 2010-08-29.
15. ^ Bicycle Helmet Research Foundation. "Helmet Laws: What has been their effect. Australia.". Retrieved 2011-01-31.
16. ^ Curnow, Bill. "A Brief History of the Bicycle Helmets Law in Australia". Retrieved 2011-01-31.
17. ^ ^{a b} Robinson, D.L. (2001). "Changes in head injury with the New Zealand bicycle helmet law". Accident Analysis and Prevention 33 (5): 687–697. doi:10.1016/S0001-4575(00)00073-7. http://www.sciencedirect.com/science?_ob=ArticleURL&_udi=B6V5S-43GBWNW-G&_user=10&_rdoc=1&_fmt=&_orig=search&_sort=d&view=c&_acct=C000050221&_version=1&_urlVersion=0&_userid=10&md5=6fb98f799a8b28c2fed09de18c5e3a3a. Retrieved 2008-03-29. 
18. ^ Povey, L. J.; W. J. Frith and P. G. Graham (1999). "Cycle helmet effectiveness in New Zealand". Accident Analysis and Prevention 31 (6): 763–770. doi:10.1016/S0001-4575(99)00033-0. PMID 10487351. 
19. ^ Taylor, M; P Scuffham (2002). "New Zealand bicycle helmet law—do the costs outweigh the benefits?". Injury Prevention 8 (4): 317–320. doi:10.1136/ip.8.4.317. PMC 1756574. PMID 12460970. http://injuryprevention.bmj.com/cgi/content/full/8/4/317. Retrieved 2008-03-29. 
20. ^ Cycling Health. "Dump Harmful Helmet Law, Say Cyclists", Scoop, 13 Dec 2006. Retrieved 2011-01-31.
21. ^ Ministry of Transport "Cyclists: Crash Factsheet 2010", Sep 2010. Retrieved 2011-01-31.
22. ^ Safekids "Factsheet: Child Cyclist Injury", July 2007. Retrieved 2011-01-31.
23. ^ ACC. "Preventing injuries in your community", ACC5209, 28 Apr 2010, Accident Compensation Corporation, p.7. Retrieved 2011-02-02.
24. ^ ^{a b} Bicycle Helmet Research Foundation. "Commentary: A case-control study of the effectiveness of bicycle safety helmets". Retrieved 2011-01-31.
25. ^ Bicycle Helmet Research Foundation. "Commentary: Why it is wrong to claim that cycle helmets prevent 85% of head injuries and 88% of brain injuries". Retrieved 2011-01-31.
26. ^ Bicycle Helmet Research Foundation. "Commentary: Effectiveness of bicycle safety helmets in preventing head injuries: a case-control study". Retrieved 2011-01-31.
27. ^ Bicycle Helmet Research Foundation. "Head Injuries and Helmet Laws in Australia and New Zealand". Retrieved 2011-01-31.
28. ^ Høye, Alena and Elvik, Rune. "Making Vision Zero real: Preventing pedestrian accidents and making them less severe", Institute of Transport Economics, Oslo, Jun 2007, pp.27-28. Retrieved 2011-01-31.
29. ^ Bicycle Helmet Research Foundation. "Helmet Laws: A Summary of their Effects". Retrieved 2011-01-31.
30. ^ European Cyclists' Federation. "ECF Helmet Group". retrieved 2011-01-31.
31. ^ Franklin, John. "To concern about cycle helmet compulsory", Cycling Campaign Network / ECF, quoting Australian statistician Dr Dorothy Robinson. Retrieved 2011-01-31.
32. ^ European Cyclists' Federation. "Member Groups". Retrieved 2011-01-31.
33. ^ CTC. "Helmets". Retrieved 2011-01-31.
34. ^ Wilke, Axel (May 2005). "Submission on Pedestrian and Cyclist Road Safety Framework" (pdf). Cycling Advocates' Network. Archived from the original on 2008-03-19. http://web.archive.org/web/20080319011807/http://www.can.org.nz/submissions/. Retrieved 2008-03-29. 
35. ^ CAN and Cycle Helmet Legislation. accessed 4th January 2011. http://can.org.nz/helmets
36. ^ CAN Policy Statement. accessed 4th January 2011. http://can.org.nz/can-policy-statement
37. ^ Lowe, Matthew. "'Ridiculous' helmet law under fire", Sunday Star-Times, 19 Jan 2003. Retrieved 2011-01-31.
38. ^ Cycling Advocates Network: Press Release. "Helmet Law Concerns Are Legitimate, Say Cyclists", 22 Jan 2003. Retrieved 2011-01-31.
39. ^ Williamson, Kerry. "Helmets 'may be deterring cyclists'", The Dominion Post, 23 Oct 2008. Retrieved 2011-01-31.

External links

• Cycling Health - a New Zealand group promoting removal of the compulsory bicycle helmet law.
• New Zealand Helmet Wars - a 2002 article from Safekids NZ in support of the helmet law.
• Land Transport (Road User) Rule 2004 - the wording of New Zealand's bicycle helmet law.
• Mandatory bicycle helmet laws in New Zealand - summary of New Zealand's bicycle helmet law and its effects.