[ST] Earplug memo outline

["Marc Danziger" <marc@xxxxxxxxxxxx>]

Here's the outline of the memo:

*******begin********

Earplug Package

1. The Current Law

As it exists, California law prohibits the operators of motor vehicles from
wearing earplugs, with an exception for:

(d) Any person wearing personal hearing protectors in the form of custom
earplugs or molds that are designed to attenuate injurious noise levels.
The custom plugs or molds shall be designed in a manner so as to not
inhibit the wearer's ability to hear a siren or horn from an emergency
vehicle or a horn from another motor vehicle. 

2. The Problem

Many motorcyclists wear non-custom earplugs, which effectively attenuate
sound just as custom earplugs do, but which are illegal under current
California law. Aside from the obvious questions of logical consistency and
fairness, this presents two significant problems: a) many motorcyclists
receive citations for wearing 'non-custom' plugs, which b) discourages
motorcyclists from wearing these plugs which would otherwise protect their
hearing and make them safer riders. (need to prove hat non-custom earplugs
are effectively as good as custom ones)

3. Proposed Amendment

The proposed amendment simply strikes the permissive language specifying
that the earplugs be custom-made, and maintains the language conditioning
their use to 'attenuate injurious noise levels' and the requirement that
they 'shall be designed in a manner so as to not inhibit the wearer's
ability to hear a siren or horn from an emergency vehicle or a horn from
another motor vehicle'. The section with the proposed change would be:

27400.   No person operating any motor vehicle or bicycle shall wear any
headset covering, or any earplugs in, both ears. The prohibition of this
section does not apply to any of the following: 
(a) Persons operating authorized emergency vehicles, as defined in Section
165. 
(b) Any person engaged in the operation of either special construction
equipment or equipment for use in the maintenance of any highway. 
(c) Any person engaged in the operation of refuse collection equipment who
is wearing a safety headset or safety earplugs. 
(d) Any person wearing personal hearing protectors in the form of
[strike]custom[end strike] earplugs or molds that are designed to attenuate
injurious noise levels. The [strike]custom [end strike][add]ear[end
add]plugs or molds shall be designed in a manner so as to not inhibit the
wearer's ability to hear a siren or horn from an emergency vehicle or a
horn from another motor vehicle. 
(e) Any person using a prosthetic device which aids the hard of hearing. 
4. Justification

First, because the law is on it's face unfair and discriminatory. Two
motorcyclists are each wearing earplugs with the exact same effect. One is
committing a crime and one is not.

Next, to encourage motorcyclists to wear inexpensive and effective
earplugs, thereby saving their hearing from the otherwise unavoidable
effect of wind noise, leading to long-term and permanent damage to their
hearing, and to short-term increases in accident rates due to distraction
and fatigue.

5. Benefits

First, to protect the hearing of the states __ million motorcylists from
avoidable permanent damage. Note that the cause of hearing loss in
motorcyclists is not illegally-loud exhaust systems, which would mean that
they could avoid the damage through retaining legal exhaust systems, but
the unavoidable consequence of wind noise (find supporting study).

Next, to save the state and private parties the estimated $_________/year
in costs borne for the treatment of avoidable hearing loss and the
productivity and income lost to the disability of hearing loss (find
supporting study).

Next, to make motorcycling safer for the states __ million motorcyclists by
improving their ability to safely operate their motorcycles by reducing the
distracting and fatiguing effects of noise (find supporting study).

Next to save the state and private parties the estimates $___________/year
in costs borne for avoidable accidents and productivity and income lost to
avoidable accidents caused by distraction and fatigue due to noise.

6. Costs

Offsetting the potential savings of $___________ above, the bill would have
a minor cost to local jurisdictions as they lost the revenue from 'illegal
earplug' citations.

**********end***********

First, take a look at the edits, and see if they are all that's needed.

It looks like we have five supporting studies we need to come up with:

1) Non-custom earplugs are as good as custom earplugs;
2) Supporting that m/c riding causes hearing loss, and that it is not
caused by exhaust noise, but by wind noise;
3) Estimating the healthcare costs and lost productivity costs caused by
hearing loss (and estimatign the imapct on the CA motorcycle-riding
population);
4) Demonstrating that it is safer to ride (operate machinery) with hearing
protectors than not;
5) extrapolating the safety/injury impacts of hearing loss to the m/c
riding population.

It'd be nice to know how many citations are given for earplug violations
and what the typical fine is, as well.

I'll contact the AMA and ABATE. I'm looking for people to help out by
taking on researching for one of the study areas (or sets of studies) we
will need.

Let's have some fun!

MarcD


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