|
|
Helmet
Laws in Michigan
|
|
MANDATORY
MOTORCYCLE HELMET LAW IN
MICHIGAN |
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 no 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.
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.
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.
WEBSITES:
|
|
|
| HAVE YOUR
BANNER ON 100'S OF BIKER WEBSITES CLICK
HERE |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
