MOTORCYCLE HELMET EXCEPTION                                                                   S.B. 291:

                                                                                              SUMMARY AS ENACTED

 

 

 

 

 

 

 

 

 

Senate Bill 291 (as enacted)                                                              PUBLIC ACT 98 of 2012

Sponsor:  Senator Phil Pavlov

Senate Committee:  Transportation

House Committee:  Transportation

 

Date Completed:  1-16-14

 

CONTENT

 

The bill amended the Michigan Vehicle Code to provide exceptions to the Code's requirement that a motorcycle operator and passenger wear an approved crash helmet.

 

The bill took effect on April 13, 2012.

 

The Code requires a person operating or riding on a motorcycle to wear a crash helmet on his or her head.  The bill created an exception to this requirement for a person who is at least 21 years old.  Under the bill, such a person who is operating a motorcycle is not required to wear a helmet if he or she has had a motorcycle endorsement on his or her driver's license for at least two years or passes a motorcycle safety course, and meets certain conditions regarding insurance coverage (described below).  A person who is riding on a motorcycle also is not required to wear a crash helmet if he or she or the motorcycle's operator satisfies the insurance requirements.

 

A motorcycle operator and passenger are not required to wear crash helmets if either has in effect security for the first-party medical benefits payable in the event that he or she is involved in a motorcycle accident in one of the following amounts, as applicable:

 

 --    At least $20,000, for an operator without a rider.

 --    At least $20,000 per person per occurrence, for an operator with a rider.

 

If the rider, however, has security in an amount of at least $20,000, the operator is only required to have security in the amount of at least $20,000.

 

MCL 257.658                                                                Legislative Analyst:  Julie Cassidy

 

FISCAL IMPACT

 

To the extent that the bill exempts certain people from wearing a crash helmet, it may decrease the number of civil infraction determinations for violations of this section, thereby decreasing fine revenue dedicated to public libraries.

 

If the enactment of the bill leads to more head injuries and/or increased severity of head injuries, Medicaid costs for the State could potentially increase.  The bill requires a rider to carry at least $20,000 in first-party medical benefits insurance; however, the medical costs associated with major head injuries have a high likelihood of exceeding this minimum, so there might still be circumstances in which additional costs are incurred via Medicaid.

                                                                                                                            

                                                                                    Fiscal Analyst:  Steve Angelotti

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.