New ATV helmet law goes into effect Saturday

A Warrick County girl’s 2015 ATV death in Spencer County is the inspiration behind the bipartisan legislation.

State Rep. Lloyd Arnold, R-Leavenworth, authored the legislation that requires anyone under the age of 18 to wear a helmet while riding or operating an off-road vehicle, such as an ATV. Arnold represents House District 74, which includes portions of Spencer, Dubois, Perry, Crawford and Orange counties.

Arnold said the inspiration behind HB1200 comes from the 2015 accident that killed an 11-year-old Warrick County girl. In July 2015, Kate Bruggenschmidt was riding a Honda Rubicon ATV on private property near Rockport with an 11-year-old friend riding on the back as a passenger. While riding up a hill, the ATV rolled over and trapped Bruggenschmidt underneath, causing severe head trauma. Bruggenschmidt did not survive the accident. Neither of the girls were wearing helmets.

Bruggenschmidt’s mother, Ashlee, started “Play For Kate” in order to raise awareness about the importance of ATV safety. She testified in front of the committee during a previous hearing in support of the bill and told the story of her daughter.

Over the last five years, 1,285 ATV-related injuries have occurred in Indiana, and fatalities are on the rise, according to the DNR. In 2016, there were 22 deaths resulting from off-road vehicle accidents. Of those 22, only three were wearing helmets. That number is up from 16 in 2015 and 13 in 2014.

Here is what the DNR is saying about the new law:

Does the Helmet Law apply to side-by-sides and utility terrain vehicles?

Yes, the law pertains to all vehicles that are designed for cross country travel.

If I place a child in a car seat, does the helmet law still apply?

Yes, the use of a car seat does not exclude a child, under age 18, from being required to wear a helmet when riding on an off-road vehicle.

Does the helmet law apply to ATV’s being used around the farm?

When used for “farm purposes” the helmet law does not apply; however, the law does apply when the vehicle is used for something other than “farming purposes”.

Does the helmet law apply to golf carts?

Golf carts are excluded from this law and no helmet is required.

Does my child need to wear a helmet when on a motorized mini-bike or dirt-bike?

Yes, the law applies to all vehicles specifically designed for off-road travel, excluding golf-carts.

Is a helmet required when my child is operating or riding on a go-cart?

Yes, this law also applies to go-carts.

Does the helmet law apply to battery operated toy machines?

The law applies to any machine that is designed for cross country travel. It includes certain battery operated machines, but the common toy machines that are only capable of slow back yard travel are not considered off road vehicles and helmets are not required for them.

Does this law only apply to public property or roadways?

No, the helmet law applies on public and private property.

Who is responsible if a violation is found by an officer?

The operator of any vehicle is ultimately responsible for any violation, including the failure of the operator to wear a helmet. However, the new law also allows the adult that is responsible for the ATV to be cited for the offense.

Are Jeeps, trucks, crawlers, dunebuggies or similar vehicles included on this list?

If a vehicle is unregistered through the Indiana Bureau of Motor Vehicles and used for the purpose of cross-country travel, it is within the definition that requires a helmet for all occupants under the age of 18.