HB-4325, As Passed House, November 10, 2004
March 11, 2003, Introduced by Reps. Drolet, DeRossett, Zelenko, Spade, Ward, Gleason, Steil, Paletko, Brown, Meyer, Casperson, Garfield, Sheltrown, Plakas, Stakoe, Hoogendyk, Anderson, Voorhees, Rocca, Bradstreet, Tabor, Hune, Milosch, Palmer, Acciavatti, Brandenburg, Caswell, Ehardt, Pumford, Ruth Johnson, DeRoche, Accavitti, Adamini, Woodward, Sheen, Gillard, Bisbee, Richardville, Emmons and Daniels and referred to the Committee on Transportation.
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:
1 Sec. 658. (1) A person propelling a bicycle or operating a
2 motorcycle or moped shall not ride other than upon and astride a
3 permanent and regular seat attached to that vehicle.
4 (2) A bicycle or motorcycle shall not be used to carry more
5 persons at 1 time than the number for which it is designed and
6 equipped.
7 (3) A moped or an electric personal assistive mobility device
8 shall not be used to carry more than 1 person at a time.
9 (4) A person operating or riding on a motorcycle, and any
10 person less than 19 years of age operating a moped on a public
1 thoroughfare shall wear a crash helmet on his or her head. Crash
2 helmets shall be approved by the department of state police. The
3 department of state police shall promulgate rules for the
4 implementation of this section pursuant to the administrative
5 procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Rules
6 in effect on June 1, 1970, shall apply to helmets required by
7 this act. This
subsection does not apply to a person operating
8 or riding in an
autocycle if the vehicle is equipped with a roof
9 which meets or exceeds
standards for a crash helmet.
10 (5) Subsection (4) does not apply to any of the following:
11 (a) A person 21 years of age or older who has been licensed
12 under this act to operate a motorcycle for not less than 2 years
13 or who has successfully completed a motorcycle safety course as
14 provided in section 811a or 811b.
15 (b) The passenger on a motorcycle operated by a person
16 described in subdivision (a) if the passenger is 21 years of age
17 or older.
18 (c) A person operating or riding in an autocycle if the
19 vehicle is equipped with a roof that meets or exceeds standards
20 for a crash helmet.
21 (6) (5) A
person operating or riding in an autocycle shall
22 wear seat belts when on a public highway in this state.