MRF's Initial Observations Regarding Letter from Rose McMurray, NHTSA Associate Administrator

October 16, 2003

The U.S. Delegate to the United Nations Economic Commission for Europe Working Party 1 on Road Safety (WP.1) telephoned Motorcycle Riders Foundation (MRF) President Karen Bolin last week. The delegate, Ms. Rose McMurray, Associate Administrator for Planning, Evaluation and Budget with the National Highway Traffic Safety Administration (NHTSA), objected to the MRF's September 26 news release on matters involving "helmet laws," NHTSA and the U.N. In response, Ms. Bolin requested that the delegate provide a letter outlining her concerns. In return, Ms. Bolin pledged that the MRF would make the letter available to the MRF Board, to MRF Representatives and to the motorcyclists' rights movement in America through our website.

As promised, Ms. McMurray's letter is now posted on the MRF website at www.mrf.org/nhtsa.php. The MRF is preparing a response to the delegate's letter, and, as always, we welcome input from State Motorcyclists' Rights Organizations and riders.

Initial observations:

The delegate explains that WP.1's charter is to "harmonize European road signs…[and] safety practices." In her letter, however, she makes no reference to the July 15, 2003, U.N. document the agency authored which unveils a plan involving "helmet laws," including an initiative to "develop strategies that could be adopted" by all nations.

In that document, NHTSA clearly stated, "The U.S. is actively working to promote safer motorcycling....Some of the key areas of focus include....helmet laws." Led by NHTSA Administrator Jeffrey Runge, Ms. McMurray went to Geneva September 22 to advance the July 15 agenda, establish a working group and initiate a questionnaire to identify programs, particularly helmet laws/penalties, in other nations. Based on these foreign examples, NHTSA's plan calls for the U.N. body to "develop strategies that could be adopted by other member States and non-member States."

Let us observe that the delegate's letter to the MRF portrays the situation today. It reflects the result of talks held in Geneva between NHTSA and the Federation of European Motorcyclist Associations (FEMA). An MRF ally, FEMA expressed concerns regarding the "helmet laws" aspect of NHTSA's stated agenda as not relevant to the European experience. Significantly, the delegate's letter does not mention and therefore does not defend the July 15 NHTSA initiative.

Our objections and concerns remain. A bid to "develop strategies" for "member States and non-member States" (read: the nations of the world) is a bid to impact the laws of the U.S. and, more particularly, the laws of the various States of the Union. Moreover, this was presented as the position of the United States Government. To the contrary, it is the position of the United States of America, passed by Congress and signed into law by the President, that State sovereignty on this issue is not to be violated. "The Congress determined that the issue of motorcycle safety was best determined by each individual State without a one-size-fits-all mandate from federal government," said one lawmaker in support of the policy.

The 1998 global harmonization agreement obliges the U.S. to initiate federal rulemaking whenever a Global Technical Regulation is adopted by WP.29. In her letter, the delegate argues that this agreement "only compels the U.S. to consider adopting certain vehicle standards." However, in a December 2001 domestic effort to regulate chiefly vehicle and tire defects under the Transportation Recall, Enhancement, Accountability & Documentation (TREAD) Act, the agency published a Notice of Proposed Rulemaking in the "Federal Register" that included language regulating "accessory equipment and off-vehicle equipment" such as "retroreflective motorcycle rider apparel." (Despite that wording, NHTSA later denied any intention to regulate apparel.) A Global Technical Regulation involving apparel as "off-vehicle equipment" is entirely plausible.

The delegate's letter suggests that there is an impenetrable border between one U.N. working party into which NHTSA seeks to insert its agenda (WP.1) and another (WP.29). The current U.N. debate on the ownership of the road safety issue underscores that jurisdictional matters are by no means settled and issues do cross borders. For example, on the issue of the "Intelligent Transportation System," WP.29 established an ITS roundtable conference, while WP.1 considers such fundamental issues as ITS taking control of a vehicle away from the operator. Moreover, declaring road accidents a preventable disease, the U.N. World Health Organization is seeking jurisdiction over road safety as well. (While in Geneva, NHTSA leaders attended W.H.O. meetings.)

Only now - after meeting with FEMA and hearing from concerned riders and their elected representatives - NHTSA writes, without a stated reference to its "helmet laws" interest, "The intended outcome of the work of this [motorcycle safety] Group is to survey member countries, capture an inventory of other countries' motorcycle safety programs and collect successful safety programs that have resulted in fewer motorcyclists' deaths and injuries." According to FEMA, its understanding with NHTSA is that (a) any questionnaire will be subject to full WP.1 approval and (b) helmet issues will be considered by WP.1 only as they are relevant to European experience and concerns.

At this juncture, the MRF sees no reason to reverse its criticism of NHTSA's agenda as clearly expressed in the July 15 document, and sees every reason to remain vigilant of future agency activities in the domestic regulatory process and the world body.

As always, we welcome rider input.

We also invite you to view and print the following .pdf version of the MRF's Initial Observations Regarding Letter from Rose McMurray, NHTSA Associate Administrator.

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