Bill Text: MI SB0291 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Vehicles; motorcycles; motorcycle helmet requirement; abolish under certain circumstances. Amends sec. 658 of 1949 PA 300 (MCL 257.658).
Spectrum: Slight Partisan Bill (Republican 12-5)
Status: (Passed) 2012-04-17 - Assigned Pa 0098'12 With Immediate Effect [SB0291 Detail]
Download: Michigan-2011-SB0291-Chaptered.html
Act No. 98
Public Acts of 2012
Approved by the Governor
April 12, 2012
Filed with the Secretary of State
April 13, 2012
EFFECTIVE DATE: April 13, 2012
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Senators Pavlov, Brandenburg, Casperson, Hildenbrand, Gleason, Kowall, Jones, Hune, Robertson, Jansen, Smith, Anderson, Emmons, Hunter, Meekhof, Johnson and Richardville
ENROLLED SENATE BILL No. 291
AN ACT to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 658 (MCL 257.658), as amended by 2002 PA 494.
The People of the State of Michigan enact:
Sec. 658. (1) A person propelling a bicycle or operating a motorcycle or moped shall not ride other than upon and astride a permanent and regular seat attached to that vehicle.
(2) A bicycle or motorcycle shall not be used to carry more persons at 1 time than the number for which it is designed and equipped.
(3) A moped or an electric personal assistive mobility device shall not be used to carry more than 1 person at a time.
(4) A person less than 19 years of age operating a moped on a public thoroughfare shall wear a crash helmet on his or her head. Except as provided in subsection (5), a person operating or riding on a motorcycle shall wear a crash helmet on his or her head.
(5) The following conditions apply to a person 21 years of age or older operating or riding on a motorcycle, as applicable:
(a) A person who is operating a motorcycle is not required to wear a crash helmet on his or her head if he or she has had a motorcycle endorsement on his or her operator’s or chauffeur’s license for not less than 2 years or the person passes a motorcycle safety course conducted under section 811a or 811b and satisfies the requirements of subdivision (c).
(b) A person who is riding on a motorcycle is not required to wear a crash helmet on his or her head if the person or the operator of the motorcycle satisfies the requirements of subdivision (c).
(c) A person who is operating a motorcycle and a person who is riding on a motorcycle are not required to wear crash helmets on their heads if the operator of the motorcycle or the rider has in effect security for the first-party medical benefits payable in the event that he or she is involved in a motorcycle accident, as provided in section 3103 of the insurance code of 1956, 1956 PA 218, MCL 500.3103, in 1 of the following amounts, as applicable:
(i) A motorcycle operator without a rider, not less than $20,000.00.
(ii) A motorcycle operator with a rider, not less than $20,000.00 per person per occurrence. However, if the rider has security in an amount not less than $20,000.00, then the operator is only required to have security in the amount of not less than $20,000.00.
(6) Crash helmets shall be approved by the department of state police. The department of state police shall promulgate rules for the implementation of this section under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Rules in effect on June 1, 1970, apply to helmets required by this act.
(7) The crash helmet requirements under this section do not apply to a person operating or riding in an autocycle if the vehicle is equipped with a roof that meets or exceeds standards for a crash helmet.
(8) A person operating or riding in an autocycle shall wear seat belts when on a public highway in this state.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
