Helmet Legislation from the American Horse Council

MEMORANDUM

 To:       AHC Horse Show Committee

From:   American Horse Council

Re:       Equestrian Helmet Legislation

Date:    January 27, 2005

 On January 14, we sent you a memorandum noting that Senator Christopher Dodd (D-CT) asked for our comments on the Christen O'Donnell Equestrian Helmet Safety Act of 2004, which he introduced in the last Congress.  He plans on introducing it again this year and has asked for our input.

 A recent action by the United States Equestrian Federation may have a bearing on this issue.  At its January meeting, the USEF adopted a rule requiring the wearing of approved safety helmets by everyone competing over fences.  Beginning December 1, 2005, it will be compulsory in all Hunter, Jumper and Hunt Seat Equitation classes, where jumping is required, and when jumping anywhere on the competition grounds to wear securely-fastened protective headgear that meets or exceeds ASTM/SEI standards and carries the SEI tag.

 Industry Response

 It is important that we respond to Senator Dodd’s request for input.  This is an opportunity to be involved in the legislative process on an issue that affects the industry.

 There are several questions to be considered, including:

 1.      Does your organization require the wearing of helmets during competitions?  If so, which competitions? 

2.      Does your organization require the wearing of helmets on show grounds or during warm-ups?

 3.      Does your organization require that helmets meet certain safety standards?  If so, which standards?

4.      Might a federally-required standard make helmets too expensive?

5.      Would industry support for a federal standard affect any relationships with helmet manufacturers?

6.      Should the industry support federal legislation?

7.      If we should, are there any caveats or limitations that we should suggest to the legislation? 

Background on Christen O'Donnell Equestrian Helmet Safety Act

This legislation was named after Senator Dodd’s constituent, Christen O'Donnell, who was thrown from her horse while riding in a ring and fatally injured.  She was wearing a helmet, but it is alleged that the helmet did not offer sufficient protection.

Senator Dodd’s legislation would not mandate the wearing of helmets during competitions.  But it would require that federal safety standards be developed for equestrian helmets.  “Equestrian helmets” are defined in the bill to include “a hard shell head covering intended to be worn while participating in an equestrian event or activity.”  This is a broad definition that includes more than just showing.

The Consumer Product Safety Commission would be required to develop a federal standard for a safe, equestrian helmet within a year of the bill becoming law.  Until a final standard took effect, the legislation would establish an interim safety standard, which would be the American Society for Test and Materials (ASTM) standard designated as F 1163. Once a federal standard was adopted, all new helmets manufactured and sold would have to meet the requirements established by the Commission.  Failure to meet such standards would be deemed a violation of the Consumer Product Safety Act.

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