HOUSE BILL No. 4518


     March 18, 1997, Introduced by Reps. Gubow, Schauer and Freeman 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 1984 PA

   328.

               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 shall not be used to carry more than 1 person at

 8    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


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 1     thoroughfare  HIGHWAY shall wear a crash helmet PROPERLY

 2    FASTENED on his or her head.  Crash helmets shall  be approved by

 3     the department of state police.  The department of state police

 4     shall promulgate rules for the implementation of this section

 5     pursuant to the administrative procedures act of 1969, Act

 6     No. 306 of the Public Acts of 1969, being sections 24.201 to

 7     24.315 of the Michigan Compiled Laws.  Rules in effect on June 1,

 8     1970, shall apply to helmets required by this act  MEET THE STAN-

 9    DARDS AS PRESCRIBED BY 49 C.F.R. 571.218, AND SHALL HAVE THE

10    SYMBOL "DOT" AFFIXED IN THE MANNER PRESCRIBED THEREIN.  This sub-

11    section does not apply to a person operating or riding in an

12    autocycle if the vehicle is equipped with a roof which meets or

13    exceeds standards for a crash helmet.

14         (5) A PERSON LESS THAN 4 YEARS OF AGE RIDING AS A PASSENGER

15    ON A BICYCLE OR RIDING IN A CARRIER OR TRAILER ATTACHED TO A

16    BICYCLE SHALL WEAR A HELMET PROPERLY FASTENED ON HIS OR HER HEAD

17    THAT MEETS THE APPROPRIATE STANDARD APPROVED BY ANY OF THE

18    FOLLOWING:

19         (A) SNELL MEMORIAL FOUNDATION.

20         (B) AMERICAN NATIONAL STANDARDS INSTITUTE.

21         (C) UNITED STATES DEPARTMENT OF TRANSPORTATION.

22    A PERSON WHO PERMITS A PERSON LESS THAN 4 YEARS OF AGE TO RIDE AS

23    A PASSENGER ON A BICYCLE OR TO RIDE IN A CARRIER OR TRAILER

24    ATTACHED TO A BICYCLE IN VIOLATION OF THIS SUBSECTION IS RESPON-

25    SIBLE FOR A CIVIL INFRACTION.  THIS SUBSECTION SHALL NOT APPLY TO

26    PERSONS RIDING BICYCLES ON PRIVATE DRIVEWAYS OR OTHER PRIVATE





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 1    PROPERTY NOT OPEN OR NORMALLY USED BY THE PUBLIC FOR VEHICULAR

 2    TRAVEL.

 3         (6)  (5)  A person operating or riding in an autocycle shall

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

 5         Enacting section 1.  This amendatory act takes effect May 1,

 6    1997.












































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