SB-0291, As Passed Senate, June 28, 2011

SUBSTITUTE FOR

SENATE BILL NO. 291

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 658 (MCL 257.658), as amended by 2002 PA 494.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 658. (1) A person propelling a bicycle or operating a

motorcycle or moped shall not ride other than upon and astride a

permanent and regular seat attached to that vehicle.

     (2) A bicycle or motorcycle shall not be used to carry more

persons at 1 time than the number for which it is designed and

equipped.

     (3) A moped or an electric personal assistive mobility device

shall not be used to carry more than 1 person at a time.

     (4) A person operating or riding on a motorcycle, and any

person less than 19 years of age operating a moped on a public

thoroughfare shall wear a crash helmet on his or her head. A person

less than 21 years of age operating or riding on a motorcycle shall

wear a crash helmet on his or her head.

     (5) Subject to subsection (9), a person 21 years of age or

older operating or riding on a motorcycle is not required to wear a

crash helmet on his or her head if he or she has had a motorcycle

endorsement on his or her operator's or chauffeur's license for not

less than 2 years or the person passes a motorcycle safety course

conducted under section 811a or 811b, and he or she has in effect

security in the amount of $100,000.00 for the payment of first-

party medical benefits payable if he or she is involved in a

motorcycle accident as provided in section 3103 of the insurance

code of 1956, 1956 PA 218, MCL 500.3103.

     (6) 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 under the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328. Rules in effect on June 1, 1970, shall apply to helmets

required by this act. This subsection

     (7) Subsection (4) does not apply to a person operating or

riding in an autocycle if the vehicle is equipped with a roof which

that meets or exceeds standards for a crash helmet.

(8) (5) A person operating or riding in an autocycle shall

wear seat belts when on a public highway in this state.

     (9) Subsection (5) does not apply beginning 4 years after the

effective date of the amendatory act that added this subsection.

     (10) The secretary of state shall conduct a study of

motorcycle accidents resulting in injuries or fatalities of

motorcycle operators or motorcycle passengers, or both. Not more

than 4 years after the effective date of the amendatory act that

added this subsection, the secretary of state shall report its

findings to the standing committees of the senate and house of

representatives on transportation. The report under this subsection

shall include, but need not be limited to, all of the following

factors:

     (a) The types and severities of injuries of motorcycle

operators and passengers who were wearing helmets versus those who

were not.

     (b) The number of deaths of motorcycle operators and

passengers who were wearing helmets versus those who were not.

     (c) The number of motorcycle operators and passengers whose

accidents occurred following their use of alcoholic liquor.

     (d) The number of motorcycle operators who had passed a

certified motorcycle safety course versus those who had not.

     (e) The weather conditions.

     (f) Whether or not the accident occurred during a holiday

weekend.

     (11) Money from the motorcycle safety fund shall be used to

defray the secretary of state's cost for complying with the study

and reporting requirements of subsection (10).