ABATE of Michigan
Region 5

Recent News

  Well folks, it's happened. We did it. We finally got the helmet law repealed. On Friday, April 13th, Governor  Snyder signed SB291 making it Public Act 98 of 2012. Keep in mind, there are some restrictions. First you have to be 21, have 2 years of riding experience or passed a safety course. The other is insurance upgrades. I saw a lot of people riding lidless Friday and Saturday, and when I questioned them about insurance, the most typical response was "Yeah, I got insurance!". But do you have enough. Here are the facts of our insurance requirements as stated by ABATE Lawyer Dondi Vesprini.

1. Is the required medical coverage a Personal Injury Protection coverage?

No. It is a specific coverage required to be purchased on your motorcycle insurance policy.

2. Can the required medical coverage be considered satisfied as part of the PIP medical coverage of my AUTO policy?

No. The medical coverage required by the new law is required on you motorcycle policy, as opposed to medical coverage you may have elsewhere, (i.e., on auto policy, health insurance, medicare, etc)

3. Can I satisfy the required medical coverage if I have health insurance coverage of at least $20,000.00?

No. The medical coverage required by the new law is required on your motorcycle policy, as opposed to medical coverage you may  have elsewhere, (i.e., on auto policy, health insurance, medicare, etc)

4. Is the required medical coverage necessary for each individual motorcycle policy, even if you can only ride one of the many motorcycles you own?

Yes. If you want to ride each of your motorcycles without a helmet, you must have the required medical coverage on each motorcycle insurance policy covering each motorcycle.

5. When may a passenger ride without a helmet under the new law?

The passenger may ride without a helmet if they are over 21 and fall into one of the following scenarios:

- If the passenger is insured by a motorcycle policy which provides at least $20,000.00 in medical coverage which is payable in the event he/she is involved in an accident.

- If the operator has on his/her motorcycle policy BOTH $20,000.00 in medical coverage for himself/herself AND an additional $20,000.00 in medical coverage to cover a passenger. (Ex. Medical coverage of $20,000.00 per person/$40,000.00 per accident.)

6. Under what circumstances would an officer be able to pull me over to investigate whether me or my passenger are illegally riding without a helmet?

Stopping a motorcyclist for "improperly" riding without a helmet would be difficult, if that is the only reason for the stop. Generally, to justify a traffic stop, an officer must have an articulate suspicion of illegal conduct. Other than a person who may appear obviously younger than 21 riding without a helmet, it would be difficult for an officer to have an articulate suspicion that a person has not  had an endorsement for at least 2 years; has not passed a motorcycle safety course; or does not have the required medical coverage on his/her motorcycle policy.

(addendum from Rusty)

Per the Michigan State Police:

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.

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.    


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