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Author Topic: Helmet law change in Michigan?  (Read 2406 times)
Chili Pepper
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Michigan


« on: February 09, 2011, 07:37:13 AM »

http://www.upnorthlive.com/news/story.aspx?id=577695

State Representative Richard LeBlanc (D 18th District) knows a thing or two about riding a motorcycle. "I have been a motorcycle rider since the age of 9 so I've got 43 years of experience under my belt." It's that experience that has lead him to a simple conclusion when it comes to wearing a helmet while riding. He believes "I think it's just a privilege that I should be allowed to exercise."

But right now, under current Michigan law, that privilege is denied. That's something that Representative LeBlanc has been working to change for a while now. He points out "I have introduced helmet legislation since I began my service at the state level so it's been for the past four year. The last bill died when it could not get out of the legislature and onto the Governor's desk."

This legislative session is no different. The representative has introduced House Bill 4008. ( CLICK HERE to read it.)  It's his latest effort to give Michigan motorcycle riders the choice to wear a helmet while riding. The nuts and bolts of the law are pretty straight forward. If you are over 21 years old, and you have insurance that would cover up to $20,000 for the payment of first party medical benefits, then you could ride with the wind in your hair. If you are under 21 years old, or on a moped or other similar vehicle, a helmet would be required.

While LeBlanc is well aware of the strong opinions on both sides of the issue, he feels strongly that it should come down to each rider to make the right choice for them. As he sees it, "I believe for different reasons the state should consider allowing a motorcycle rider to make that choice."

So what is the current law? Michigan, and 19 other states (CLICK HERE) to see a map require all motorcycle riders to wear a helmet. If the legislature approves HB 4008, Michigan would join 27 states with modified helmet laws. Those states have certain restrictions as to who has to wear a helmet, riders of certain ages, mainly 17 and under, or experience levels.

Only three states, Illinois, Iowa and New Hampshire don't require any rider 18 or older to wear a helmet.

Representative LeBlanc views this latest effort as a compromise. House Bill 4008 has a higher age limit and a higher insurance requirement than some other states. He is hoping that will finally be the recipe for success to get it passed this year. In his opinion, "The thought was that if a reasonable bill was to be offered that in time, it would be given a hearing, and eventually a vote and make its way to the Governor's desk.



http://www.publicbroadcasting.net/wkar/news.newsmain/article/7228/0/1661087/Election.2010/Cox..other.candidates.promise.to.sign.helmet.law.repeal

Cox, other candidates promise to sign helmet law repeal
 
Rick Pluta, Michigan Public Radio Network (2010-06-09)
LANSING, MI (MPRN) -

About a hundred bikers opposed to Michigan's motorcycle helmet law held their annual rally at the state Capitol Wednesday. They want Michigan to join the 30 other states that don't have helmet laws. They're unlikely to get their wish this year. Governor Granholm has repeatedly vetoed bills to repeal the law. But next year, there will be a new governor.

Attorney General Mike Cox is seeking the Republican nomination for governor. He addressed the group gathered at the Capitol steps.

"You won't have to wear a helmet if I'm the governor next year," he says. "You can come up here without a helmet and celebrate the passage of the no-helmet law. Thank-you, God bless, and keep speaking out!"

Republican Congressman Pete Hoekstra and Oakland County Sheriff Mike Bouchard and Democratic House Speaker Andy Dillon also support repealing the law.

Republican state Senator Tom George and Ann Arbor venture capitalist Rick Snyder say they would only support a repeal if taxpayers were shielded from paying injured bikers' medical bills.
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Chili Pepper
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Posts: 344


Michigan


« Reply #1 on: February 09, 2011, 07:41:05 AM »

The first article is from the local news site...they aired this story last night or the night before.

The second article is from back in June of last year. Snyder is now the governor of Michigan (for those from other states who may not have heard)

Sounds more hopeful than it has been in quite a while. I wouldn't hold my breath on it happening before Inzane tho.   ???
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solo1
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Posts: 6127


New Haven, Indiana


« Reply #2 on: February 09, 2011, 09:29:34 AM »

It sounds good on the surface BUT any time proof of insurance requirement, if you choose to ride without a helmet, IMHO, is a tacit admission that the general public has been paying the hospital bills for helmetless motorcylists.  The camel's nose is under the tent.

I always wear a helmet but I don't think that Indiana's no helmet ordinance requires liability insurance for yourself but I could be wrong.  I'll have to look it up.

After all, we  must wear seat belts and I don't think that there's a provision for exceptions by having insurance.  Why should it be required for not wearing a helmet?  Doesn't make sense to me.

I could be completely wrong but that's not unusual for me. Grin
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Momz
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ABATE, AMA, & MRF rep.


« Reply #3 on: February 09, 2011, 10:33:45 AM »

Rep. LeBlanc's bill (HB4008) requireing 20K of Personal Insuranace Protection is like taxing riders for chooseing to make a personal choice.

That Bill is pure BS! The other states that allow adult choice have not had an increase in insurance rates.
Michigan already has one of the highest insurance rates in this country, and in addition to that we pay 170 dollars per registered vehicle to the MCCA. The MCCA is virtually an insurance policy for the insurance industry, so that they are only required to pay out 250K per claim. Any thing over that 250K comes out of the MCCA fund. Yet one can only drive one vehicle at a time, and to make matters worse, motorcyclists are except unless they are involved with another car or truck. Hitting a deer, accidents caused by poor road conditions or "Acts of God" also excempt bikers, but not auto and truck drivers.

George"Momz"Fischer
ABATE of MI, Region 14 Legeslative Officer
MRF Regional Representative
« Last Edit: February 09, 2011, 11:24:14 AM by Momz » Logged


ALWAYS QUESTION AUTHORITY! 

97 Valk bobber, 98 Valk Rat Rod, 2K SuperValk, plus several other classic bikes
alph
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Posts: 5513


Eau Claire, WI.


« Reply #4 on: February 09, 2011, 10:40:08 AM »

Rep. LeBlanc's bill (HB4008) requireing 20K of Person Insuranace Protection is like taxing riders for chooseing to make a personal choice.


as if $20 grand is going to pay for anything at the hospital!!!  maybe the toilet paper if you use the can!! 

anyway, last year when i was at Inzane i saw a kid wearing a football helmet while riding a cycle!!  guess that counts doesn't it!!!
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Promote world peace, ban all religion.

Ride Safe, Ride Often!!  cooldude
Chili Pepper
Member
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Posts: 344


Michigan


« Reply #5 on: February 09, 2011, 05:09:21 PM »

Technically you can wear a bicycle helmet or no helmet in Michigan. Ask Momz! I don't think they ever plugged that hole, did they, George? The law states that the Michigan State Police are supposed to determine the specifications for DOT approval of a helmet. I don't believe they've ever done that. George fought his ticket and won...the judge essentially declared the law invalid. Of course, that doesn't stop the cops from handing out tickets and most folks who get caught without a helmet just pay up coz it's easier and cheaper than going to court.

Personally I think outlawing cell phone use in cars and including a strong segment on MC awareness and legal rights to the road in driver education would save more lives than helmets would. That doesn't mean I wouldn't wear one. I'd like to have the choice.

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Momz
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ABATE, AMA, & MRF rep.


« Reply #6 on: February 09, 2011, 05:39:46 PM »

Chili, you are correct, but I've beaten that several times, not just once.

The MSP are supposed to compile a list of approved helmets, and they nevr have. They say that as long as the helmet is DOTapproved or certified it is legal. But the DOT has stated emperically that they do not approve or certify helmets.

The DOT standard is a engineering document. This standard has many sections or tests. A DOT label should spell out the test or sections that the label applies to. If you do a bit of research, you may be surprized that some labeled helmets have only passed the "UV exposure" test or the "Glossiness" section of the DOT standard.

Never let someone convince you about any government action without checking it for yourself.
Bearucrats are not experts, they just try to justify their employment by passing more useless ledgelation.
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ALWAYS QUESTION AUTHORITY! 

97 Valk bobber, 98 Valk Rat Rod, 2K SuperValk, plus several other classic bikes
Tropic traveler
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Posts: 3117


Livin' the Valk, er, F6B life in Central Florida.

Silver Springs, Florida


« Reply #7 on: February 09, 2011, 06:23:14 PM »

In Florida we have the must have insurance to ride without a helmet law. We used to have a mandatory helmet law so it is possible to gain freedom of choice. Funny though, we also "gained" a mandatory seat belt law too. Go figure. Roll Eyes
I know I should wear a helmet but I don't always. I'm a big boy & know all the ramifications. I like having the right to choose.
We have the required insurance on the '97 & Kim's '98 but not on the '99 yet so you will always see me with a lid while on the '99.
I really don't have too much of a problem with the helmet laws as they are here but I don't understand how the seat belt law & the helmet law "line up".
« Last Edit: February 09, 2011, 06:25:30 PM by Tropic traveler » Logged

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fudgie
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Better to be judged by 12, then carried by 6.

Huntington Indiana


WWW
« Reply #8 on: February 10, 2011, 08:32:01 AM »

That would be nice. But, how will they know if you do have the required $$ amount? Legally they cant pull you over to check.

 We got some novey beanies to wear in MI/NE as needed. Even has a DOT sticker on the back.  Wink

Once rode through 2/3 of NE without a helmet on. I got alot of looks. Asked a cop about if they had a law and said yes. Dam, should kept mouth shut as it was sundown and had 3 more hours left in the State.
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And we welcome all you sheep...

VRCC-#7196
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DTR
PGR
Tropic traveler
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Livin' the Valk, er, F6B life in Central Florida.

Silver Springs, Florida


« Reply #9 on: February 10, 2011, 05:11:09 PM »

You're right Fudgie, they don't know unless they pull you over for some other reason. Kinda like the seat belt law used to be.  Angry  It's just a tack on ticket as it is now, I haven't seen or heard of anybody getting a no helmet ticket.
Maybe Florida is a bit lax in the helmet law enforcement due to the $$ all the various bike "'fests" and "weeks" bring in.  Shocked 
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'13 F6B black-the real new Valkyrie Tourer
'13 F6B red for Kim
'97 Valkyrie Tourer r&w, OLDFRT's ride now!
'98 Valkyrie Tourer burgundy & cream traded for Kim's F6B
'05 SS 750 traded for Kim's F6B
'99 Valkyrie black & silver Tourer, traded in on my F6B
'05 Triumph R3 gone but not forgotten!
Chili Pepper
Member
*****
Posts: 344


Michigan


« Reply #10 on: February 10, 2011, 05:46:42 PM »

That would be nice. But, how will they know if you do have the required $$ amount? Legally they cant pull you over to check.

 We got some novey beanies to wear in MI/NE as needed. Even has a DOT sticker on the back.  Wink

Once rode through 2/3 of NE without a helmet on. I got alot of looks. Asked a cop about if they had a law and said yes. Dam, should kept mouth shut as it was sundown and had 3 more hours left in the State.


I even printed out a map like this one http://www.iihs.org/laws/mapmotorcyclehelmets.aspx so we'd have a reference on the road. We still forgot all about it for a while in Missouri til we passed a beamer dude and he pointed at his head. At first I thought he was crazy Cheesy then I realized where we were. Had to snap out of the zone and put the brain buckets on.  uglystupid2
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fudgie
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Posts: 10613


Better to be judged by 12, then carried by 6.

Huntington Indiana


WWW
« Reply #11 on: February 10, 2011, 06:44:50 PM »

That would be nice. But, how will they know if you do have the required $$ amount? Legally they cant pull you over to check.

 We got some novey beanies to wear in MI/NE as needed. Even has a DOT sticker on the back.  Wink

Once rode through 2/3 of NE without a helmet on. I got alot of looks. Asked a cop about if they had a law and said yes. Dam, should kept mouth shut as it was sundown and had 3 more hours left in the State.


I even printed out a map like this one http://www.iihs.org/laws/mapmotorcyclehelmets.aspx so we'd have a reference on the road. We still forgot all about it for a while in Missouri til we passed a beamer dude and he pointed at his head. At first I thought he was crazy Cheesy then I realized where we were. Had to snap out of the zone and put the brain buckets on.  uglystupid2

Yea I usually do research before i leave but headed there on a whim.
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Now you're in the world of the wolves...
And we welcome all you sheep...

VRCC-#7196
VRCCDS-#0175
DTR
PGR
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