What you should know about the new resolution that regulates the use of motorcycle helmets



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The first, that the motorcycle user’s head must be totally immersed in the helmet. To put it more simply, the entire head must be protected by the helmet, to offer true protection.

This also means that the helmet must be correctly fastened, without broken straps, or broken and incomplete clasps.

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Second, the resolution indicates that mobile communication devices or telephones that are placed between the head and the helmet may not be carried, except if they are used with accessories or auxiliary equipment that allow hands free.

And in the third requirement, the measure indicates that helmets with a movable lower face cover, known as folding or modular, are valid as long as they are properly closed and secured while in motion.

For Luis Lota, director of the National Road Safety Agency, this new resolution is a “valuable contribution to the work that the entity has been developing to protect the lives of motorcyclists on the road.”

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The official pointed out that it is an exercise that is aligned with the recommendations of the World Health Organization, WHO, on the need to have standards focused on the quality and proper use of helmets for motorcyclists.

“With this Resolution, it is intended that motorcyclists and their companions comply with minimum conditions when using the helmet. This, added to the quality of the product, guarantees that the performance of the protective helmet can prevent or mitigate head injuries that the user may suffer in the event of a road accident, “said Lota.

The official made it clear that the new resolution does not mean that motorcyclists have to change their current protective helmet, but it is recommended to make the change when the helmet has suffered considerable blows, is in poor condition or the retention system ( the way the helmet is fastened to the head) is damaged or damaged that does not allow it to be properly secured.

This Resolution complements the Technical Regulation for the manufacture, import and commercialization of helmets contained in Resolution 1080 of 2019.

The two provisions contain the minimum conditions that motorcyclists must take into account when riding on the roads.

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Resolution 1080 of 2019 establishes the conditions for the manufacture, import or commercialization of motorcycle helmets.

Its provisions, more than users, are aimed at manufacturers and agencies that can monitor them such as Dian, the Superintendency of Industry and Commerce, SIC, and the Municipal Mayors.

The resolution that will come into effect in January next year is more aimed at users and establishes the three minimum conditions for motorcyclists, both drivers and passengers, to make correct use of this protection element.

Lota recalled that it is recommended that motorcyclists always verify that their helmet meets quality standards, that they keep the interior and exterior clean and disinfected, that it is not exposed to considerable blows, for example, falls from the height of the motorcycle seat .

In addition, they must know the measurement of the perimeter of the skull and wear helmets of the correct size.

The resolution speaks of a ‘triad’, which is the ally of motorcyclists when using the helmet: quality, size and correct use.

In terms of quality, it is recommended to use certified helmets, and keep them in good condition, do not drop them, do not let the visor get scratched, among other things. The size is very important for the helmet to protect the user, and the correct use consists in following the three mandatory conditions.

According to figures from the National Road Safety Observatory, 6,826 people died in Colombia in 2019 in road accidents.

Motorcycle users are the ones with the highest participation, with a total of 3,666 registrations, representing 53.71% of the total.

They are followed by pedestrians, with 25.59% of the cases, and vehicle users, with 13.26%.

32.4% of the death cases of motorcycle users were caused by head trauma, hence, motorcyclists went from representing 24% of traffic fatalities in 2004, to about 54% in 2019.

The most recent report shows that head trauma represents 32.4% of motorcycle user fatalities, while polytrauma represents 58%.

According to the WHO, helmets are effective in reducing motorcyclists’ head injuries by 69% and death by 42%.

For the international health organization, it is clear that a country has a good regulatory framework for helmets when three conditions are imposed: the mandatory use of helmets for drivers and passengers, the mandatory use on all roads in the country, and the mandatory use on any motorcycle cylinder size.

The sanctions

The sanctions established by the resolution correspond to those already defined in the Law.

Drivers and companions who do not comply with the provisions of the document will incur the penalties provided for in paragraph c of article 131 of Law 769 of 2002, which corresponds to the payment of 15 Minimum Daily Legal Wages in force, that is, $ 438,900, during 2020 .

Not to mention that, in addition, the traffic officer will have the power to immobilize the motorcycle at the moment that the driver or his companion does not wear the helmet while the vehicle is in motion.

What they say in the guild

For Miguel Andrés Forero, president of the SOS Motocultura Foundation, the new resolution fulfills a very important function in terms of security, but there are points that can generate some confusion.

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“We agree with road safety. People should have very good helmets that comply with the technical standards promoted by the road safety agency,” Forero said, but added that there is a lack of pedagogy on the correct use of helmets.

“There is great confusion with the subject of communication elements.

For example, they talk about the use of hands-free cell phones or elements of that type, there are intercoms, we are concerned that the Traffic Police interpret the traffic code as a violation. We are concerned about everything related to the immobilization of motorcycles, we believe that there should be a change in the National Traffic Code, “said Forero.

And he added: “we are concerned about the issue of fines, that there will be more reasons to persecute us and little socialization of the issue.”



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