HOUSE BILL No. 5038

 

June 30, 2005, Introduced by Reps. Drolet and Farrah and referred to the Committee on Government Operations.

 

     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  An individual 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  An individual shall not use a bicycle or motorcycle  

 

shall not be used  to carry more  persons  individuals at 1 time

 

than the number for which it is designed and equipped.

 

     (3)  A  An individual shall not use a moped or an electric

 

personal assistive mobility device  shall not be used  to carry

 

more than 1  person  individual at a time.

 

     (4)  A person  An individual operating or riding on a


 

motorcycle, and any  person less than  individual under 19 years of

 

age operating a moped on a public thoroughfare shall wear a crash

 

helmet on his or her head.  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, 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 does not apply to  a person  

 

an individual operating or riding in an autocycle if the vehicle is

 

equipped with a roof  which  that meets or exceeds standards for a

 

crash helmet.

 

     (5)  A person  An individual operating or riding in an

 

autocycle shall wear a seat  belts  belt when on a public highway

 

in this state.

 

     (6) All of the following apply to a crash helmet described in

 

subsection (4):

 

     (a) The department of state police must approve of the crash

 

helmet for an individual to use it in this state.

 

     (b) The department of state police shall promulgate rules for

 

the implementation of this subsection under the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Rules in

 

effect on June 1, 1970 apply to helmets required by this act.

 

     (c) The department of state police shall not approve of a

 

crash helmet under subdivision (a) that does not bear the following

 

warning on the outside of the helmet:

 

                              "WARNING!

 

     -- May not withstand impact above 13 MPH


 

     -- May not prevent closed head injury

 

     -- May not prevent blunt trauma below head

 

     -- May not prevent a crash

 

     -- May slow reflexes in hot weather

 

     -- May break the neck in a crash

 

     -- May not stay on head in a crash

 

     -- May cause neck, back, or chest strain

 

     -- May not prevent skull fracture in a crash

 

     -- May add to fatigue on extended rides"