SB-0291, As Passed House, November 2, 2011

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 291

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

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 operating or riding on a motorcycle, and any

 

person less than 19 years of age operating a moped on a public

Senate Bill No. 291 (H-2) as amended November 1, 2011

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

 

310f 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 pursuant to under the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328. Rules in effect on June 1, 1970, shall apply to helmets

 

required by this act. This subsection does

 

     (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 which that meets or exceeds

 

standards for a crash helmet.

 

     (8) (5) A person operating or riding in an autocycle shall

 

wear seat belts when on a public highway in this state.