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STATUTE:
Chapter VI. Obedience To and Effect of Traffic Laws. Operation of Bicycles,
Motorcycles and Toy Vehicles. Section 257.658. Bicycles, motorcycles, mopeds, auto cycles; operators and riders, seating, number, crash helmets, seat belts;
rules. :
". . . (4) A person operating or riding on a motorcycle . . . on a
public thoroughfare shall wear a crash helmet on his or her head. . .
."
FINE:
Feb 25, 1999 - Riding without a helmet in Michigan is a Civil
Infraction, and the fine can be as much as $100.00, plus $100.00 court cost,
However each County can set there own fine for this infraction. In Montcalm,
Ionia, and Ottawa County, the fine is $55.00 w/no court cost, in Kent County
it is $35.00. with no court costs. In Houghton County, a citation for no
helmet is an $85 fine with no court cost. A rider would have to check with
each counties District court to determine for sure what the fine in there area
is. The fine doesn't go up for further tickets. (Info thanks to Chuck Ross and
Thomas E. Davis)
STANDARDS:
Title XVI. Motor Vehicles. Chapter 189. Traffic Regulations; Vehicle
Equipment and Storage. Section 189.285 Regulations for Operating and Riding On
Motorcycles. :
" . . . 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 the administrative procedures act
of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to
24.315 of the Michigan Compiled laws. Rules in effect on June 1, 1970, shall
apply to helmets required by this act. . . ."
COURT DECISIONS:
"Amendment to Motor Vehicle Code by P.A.1966, No. 207, adding the section
requiring motorcyclists and riders to wear crash helmets was unconstitutional
since it had no relationship to the public health, safety and welfare,
although it had a relationship to protection of individual motorcyclist from
himself." American Motorcycle Ass'n v. Davids (1968) 158 N.W.2d
72, 11 Mich. App. 351.
"The state has a substantial interest in highway safety." American
Motorcycle Ass'n v. Davids (1968) 158 N.W.2d 72, 11 Mich. App. 351.
"An ordinance requiring a motorcyclist to wear a crash helmet is a
creative, relatively non-intrusive response of government to protect the public
from detrimental technological change, and since wearing a helmet is a minor
burden, the effects of which benefit not only both parties involved in an
accident, but society as a whole, since enforcement is open and public, and
since cost of the helmet is not only low, but technologically simple to
achieve, ordinance does not constitute an unlawful invasion of individual
rights, but represents a valid exercise of the police power." People
of City of Adrian v. Poucher (1976) 247 N.W.2d 798, 398 Mich. 316.
"The exercise of the police power in respect to highway safety
interferes with the personal liberties of some citizens, but changes in
transportation, including the increase in the number of motorcycles, have
expanded the permissible legislative infringement on individual liberties in
the area of highway safety to protect the public safety and the common
welfare." People of City of Adrian v. Poucher (1976) 247 N.W.2d
798, 398 Mich. 316.
CURRENT ACTIVITY:
HB-4823 - 1/29/03 - Helmet Mod bill -
21 and over with 2 years riding endorsement or completion of a MRF safety
course; passed the House 5/29/02, but was held up in the senate until it past
it's deadline and died. ABATE has started a new bill and has more support than
in the past. Check the ABATE
of Michigan site for more info. [Thanks to Snake for info]
ABATE has set February 6th, 13th, and 20th as "Legislative Days"
in Lansing along with our "Freedom Rally" on June 5th and request you call your legislators to set an appointment for one of these scheduled
days.
PAST ACTIVITY:
Oct. 31, 2001 - HB 4823 - 21+ helmet
mod bill passed the House Trans Committee, but didn't get the required 56
votes (10/31/01) needed to pass the House and was held over for the next
legislative session. REQUIREMENTS: 21 or older, minimum of 2 years motorcycle
license or completion of an approved rider's safety course. More
info...
June 5, 2000 - The Michigan Department
of State Police is seeking amendment of their Administrative Code R28.951 -
R28.961 through incorporation by reference of the Code of Federal Regulations
(CFR).
R28.951 would be amended to delete the present language and incorporate
by reference 49 CFR Ch. V, Section 571.218 Standard No. 218; of the
Certified Federal Standard for motorcycle protective headgear (FMVSS 218).
Assuming the Police will need to amend the law through the Legislature,
this opens up debate, which along with having to be signed by the Governor
could bring about the end of the Michigan Helmet Law.
Legal
Loophole In Helmet Law? - Michigan law requires bikers to wear
helmets, however police are concerned about a loophole in the law that won't
allow them to pull over bikers without helmets.
STATE WEBSITES:
-- DISCLAIMER --
The foregoing is provided as educational information only and
is not legal advice.
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