SENATE BILL No. 297

 

 

March 10, 2005, Introduced by Senators CROPSEY, JELINEK, PATTERSON, BISHOP, BARCIA, SCHAUER, PRUSI, LELAND, THOMAS, CLARKE, STAMAS, McMANUS and EMERSON and referred to the Committee on Judiciary.

 

 

 

 

 

     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. 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 operating or

 

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

 

meets or exceeds standards for a crash helmet.

 

     (5) Subsection (4) does not apply to any of the following:

 

     (a) A person 21 years of age or older who has been licensed

 

under this act to operate a motorcycle for not less than 2 years or

 

who has successfully completed a motorcycle safety course as

 

provided in section 811a or 811b.

 

     (b) The passenger on a motorcycle operated by a person

 

described in subdivision (a) if the passenger is 21 years of age or

 

older.

 

     (c) A person operating or riding in an autocycle if the

 

vehicle is equipped with a roof that meets or exceeds standards for

 

a crash helmet.

 

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

 

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