By Rusty Bongard
Have heard that someone was ticketed locally for failure to have proof of the insurance rider required to ride helmetless. The law clearly does NOT require the proof. Below is the law, and the memo put out by the Michigan State Police regarding the enforcement of it. - Rusty
VEHICLE CODE
Motorcycle helmet use
Public Act 98 of 2012 amended MCL 257.658, effective immediately, repealing Michigan’s mandatory motorcycle helmet requirement for certain motorcycle operators and passengers.
A motorcycle operator is not required to wear a helmet if all of the following conditions apply:
• The operator is at least 21 years of age
• The operator has had his or her motorcycle endorsement for at least two years or has successfully passed a motorcycle safety course conducted according to MCL 257.811a or MCL 257.811b
• The operator has in effect a security for the first-party medical benefits payable if he or she is involved in a motorcycle crash for at least $20,000 for the operator or $20,000 per person if the operator is carrying an additional passenger and the passenger does not have at least $20,000 security
A motorcycle passenger is not required to wear a crash helmet if all of the following conditions apply:
• The passenger is at least 21 years of age
• The passenger has in effect at least a $20,000 security for the first party medical benefits payable if he or she is involved in a motorcycle accident or the operator of the motorcycle has in effect a security that covers the operator and the passenger for at least $20,000 per person
MCL 257.658 does not require a motorcycle operator to carry proof that he or she has possessed a motorcycle endorsement for at least two years or has successfully passed the motorcycle safety course.
Additionally, the law does not require a motorcycle operator or passenger carry proof of the $20,000 security required to operate or ride a motorcycle without a helmet.
Operators and passengers who violate MCL 257.658 are responsible for a civil infraction as detailed in MCL 257.656.
Officers are reminded that an officer must have articulable and reasonable suspicion that a violation of the Michigan Vehicle Code has occurred in order to lawfully stop a vehicle for a violation of the Michigan Vehicle Code. For example, officers may not stop a motorcycle operator for not wearing a helmet based on the mere possibility the operator or passenger may not be exempt from the requirement to wear a helmet. Officers must possess facts rising to the level of reasonable suspicion that the operator or passenger is required to wear and helmet and is violating the requirement.
Motorcycle helmet use
Public Act 98 of 2012 amended MCL 257.658, effective immediately, repealing Michigan’s mandatory motorcycle helmet requirement for certain motorcycle operators and passengers.
A motorcycle operator is not required to wear a helmet if all of the following conditions apply:
• The operator is at least 21 years of age
• The operator has had his or her motorcycle endorsement for at least two years or has successfully passed a motorcycle safety course conducted according to MCL 257.811a or MCL 257.811b
• The operator has in effect a security for the first-party medical benefits payable if he or she is involved in a motorcycle crash for at least $20,000 for the operator or $20,000 per person if the operator is carrying an additional passenger and the passenger does not have at least $20,000 security
A motorcycle passenger is not required to wear a crash helmet if all of the following conditions apply:
• The passenger is at least 21 years of age
• The passenger has in effect at least a $20,000 security for the first party medical benefits payable if he or she is involved in a motorcycle accident or the operator of the motorcycle has in effect a security that covers the operator and the passenger for at least $20,000 per person
MCL 257.658 does not require a motorcycle operator to carry proof that he or she has possessed a motorcycle endorsement for at least two years or has successfully passed the motorcycle safety course.
Additionally, the law does not require a motorcycle operator or passenger carry proof of the $20,000 security required to operate or ride a motorcycle without a helmet.
Operators and passengers who violate MCL 257.658 are responsible for a civil infraction as detailed in MCL 257.656.
Officers are reminded that an officer must have articulable and reasonable suspicion that a violation of the Michigan Vehicle Code has occurred in order to lawfully stop a vehicle for a violation of the Michigan Vehicle Code. For example, officers may not stop a motorcycle operator for not wearing a helmet based on the mere possibility the operator or passenger may not be exempt from the requirement to wear a helmet. Officers must possess facts rising to the level of reasonable suspicion that the operator or passenger is required to wear and helmet and is violating the requirement.