GRANTS - A citizen has expressed great concern about the apparent lack of enforcement of the state's Child Helmet Safety Act passed by the New Mexico State Legislature in 2007.

The law requires children aged 18 and younger to wear helmets when riding on all-terrain vehicles, off-road motorcycles, bicycles, skateboards, snowmobiles and miniature “pocket bike” motorcycles. The statute is consistent with the Off Highway Vehicle Safety Bill of 2005.

Local citizen Patricia Scott expressed the view that the law is not being enforced in Grants because of the many children she has observed riding the cited vehicles without helmets.

“What costs less…a helmet, the emergency room or a funeral,” she asked rhetorically.

Scott related that she has witnessed an off duty police officer riding a bicycle with a child, who was not wearing a helmet.

“I have a child who's in his 30s and he wears a helmet. So does my best friend, who's in her 50s. This is an issue that needs to be addressed,” she said.

Detective John Castenada of the Grants Police Department said, “The officers who are covering helmet law enforcement are handing out tickets. If the case involves a very young child, the officer will generally talk to the parents.”

It's a different case with motorcycle passengers, according to Castanada. “We will vigorously enforce the law with motorcycles,” he said.

When the law was passed in 2007, it was estimated by experts that it would double the number of children wearing helmets and reduce by 50 percent the number of head injuries and deaths associated with these vehicles among children.

The law was intended to be multi-faceted because requiring helmets on bicycle riders, but not on scooter, skateboard and skate riders would be considered discriminatory, confusing and difficult to enforce.

Lawmakers decided to include tricycle riders because the two to five year olds who ride them are the most vulnerable citizens. Many pediatricians have claimed that there is a disproportionately high number of head injuries among children on tricycles when they fall on driveways, sidewalks and off the curb onto the pavement.

Another danger is the low profile of a child on a tricycle, making them difficult to see by motorists backing up or parking.

Twenty-two states, including New Mexico, and more than140 municipalities have helmet laws for some or all minors, which covers about 60 percent of the U.S. youth population. California and New Mexico are the only states requiring helmets for all minors under the age of 18.

New Mexico has a maximum civil fine of $10 that can be waived with proof of purchase of a helmet.

A statement from Safe Kids New Mexico reads, “The intent of the law is to protect and educate children and their parents, not punish them. Primary enforcement is intended to be implemented by parents, teachers and recreational supervisors, not law enforcement. The law includes the option of “verbal warnings only” as a permanent option for municipalities.

Editor’s Note: The Beacon will publish “What’s Bugging You?” items as they become available. If you have an issue of interest please call the editor at 287-4411.