Details concerning the Motorcycle Helmet Law in Michigan and When the Law Takes Effect
Passengers and riders will no longer be forced to wear a motorcycle helmet in the state of Michigan. In order to be legal on the road without a helmet, there are a few conditions in which the rider or passenger must abide too. The Michigan Law MCL 257.658 has been amended by the new Senate Bill No. 291. The following changes are explained below:
The operator and rider of the motorcycle, moped or bicycle must have a permanent seat on the vehicle that is attached.
Only the number of persons the bike, motorcycle or moped is equipped and designed to carry shall be riding on the vehicle at one time.
Personal electrical devices that assist people to get around or mopeds shall not carry more than one persona at a time.
Operators of Mopeds who are under the age of 19 and driving on a public thoroughfare, must be wearing a helmet on his/her head while diving. A helmet must be worn on the head for operators of a motorcycle, except as provided in subsection (5) of the laws.
Operators of motorcycles who are 21 years or older must follow the following conditions:
(a) It the operator has had his or her endorsement on a chauffeur’s or motorcycle license for 2 years or more, no helmet is required. No helmet would be required for those who have successfully taken and passed the motorcycle safety course under section 811a or 811b and meets all provisions required under subdivision ©.
(b) Riders on a motorcycle would not be required a helmet if requirements of subdivision © are met by the driver or rider.
© Operators and riders are not required helmets if the operator or rider has medical coverage for the first-party in case of an accident. Insurance code of 1956, 1956 PA 218, MCL 500.3103 section 3103 state amounts as applicable:
(i) operator without a rider, coverage must not be less than $20,000.00.
(ii) Operator with a rider, coverage not less that $20,000.00 per person for each occurrence. If rider has the required coverage of not less than $20,000.00 than the operator only needs coverage of not less than $20,000.00 for himself.
The State Police will approve all helmets. The administration act of 1969, 1969 PA 306, MCL 24.201 to 24.328 gives the State Police the authority to carry out the states helmet laws. These rules went into effect as of June 1, 1970.
Crash helmet laws do not apply to people in automobiles with the proper seatbelts and a roof that exceeds or meets the standards for a helmet. All drivers and riders in motor vehicles must wear seat belts while driving on public highways.
Law officials may not stop a motorcycle operator just because he thinks the operator is not covered by insurance or is not of age for not wearing a helmet. Also the laws as written are unclear as to what coverage is needed by operators and riders.
David M. Clark and The Clark Law Office can advise you on the proper laws of the state with a free consultation visit. You can talk directly with an attorney at (517) 347-6900.