Several challenges to Michigan's
motorcycle helmet law have created a misconception about the legal requirements
to wear a helmet. A motorcyclist in Michigan has been and continues
to be required to wear a D.O.T. approved motorcycle helmet on his or
her head when operating or riding as a passenger on a motorcycle. This
applies to all highways, roads, streets, and other thoroughfares in
Michigan.
Previous court challenges
to this law were based upon a perceived technical flaw in the old administrative
rule that dealt with what types of helmets were approved, not if a helmet
needed to be worn. As of July 27, 2000, a new administrative rule took
effect that has rectified this issue. However the challenges have not
stopped. Recent motions filed in District Court are raising the same
issues.
MCL 257.658(4) states in
part:
What's It All About?
The defendant's argument
is that the State Police have not approved any specific helmets, therefore
they have not complied with MCL 257.658 which requires that the department
to "approve" the crash helmet. What they expect is that the
state police would take a look at each make and model of helmets to
decide which are okay and which are not.
However, the administrative
rules the state police filed in July of 2000 are not that specific.
They provide that a helmet must meet all of the requirements of the
Federal Motor Vehicle Safety Standard before it can be legally worn
in Michigan.
Case Law
Since that change, almost
all courts in Michigan have upheld the law. As noted by one court: "while
the statute (MCL 257.658(4) requires the MSP to approve crash helmets,
the language does not necessarily require that the MSP compile a list
of approved helmets. The Court also notes that the MSP is not required
by statute to do any actual testing of helmets." People v Nichols,
Opinion dated October 19, 2001, 81st District Court, Case No. 01-430736-ST.
In the case of People v Mastrogiovanni,
the court noted "It would be almost an impossible undertaking to
require the State Police to compile a potentially exhaustive list of
specific manufacturer's helmets that meet their satisfactions and to
amend the Rule each time helmets are added to and/or removed from the
market. Instead the Rule spells out the requirement of an ‘approved'
helmet by identification or certain physical features of the helmet
and specifically by simply looking for a DOT certification symbol."
Opinion dated April 5, 2001, 52-3 District Court, Case No.: 00-010596.
Finally, from the case of
People v Rockland Marshall, a motorcyclist who doesn't wear a helmet,
can't challenge MCL 257.658(4). There the defendant was ticketed for
operating a motorcycle without a helmet. He convinced the circuit judge
that the statute was unconstitutionally vague. The prosecutor appealed
to the Court of Appeals and they reversed in a short order. They stated:
"A defendant has standing to challenge a statute as vague only
if it is vague as applied to his conduct. . . Here, defendant Marshall
lacked standing to challenge for vagueness either MCL 257.658(4) or
its corresponding administrative rule, R 28.951, where his operation
of a motorcycle without any helmet clearly fell within the statute's
prohibitions." People v Rockland Marshall, (Unpublished) CA No.
237937, January 24, 2002
Safety Matters
Will a motorcycle helmet
really help save a life in a crash? Opponents of the legal requirement
to wear a helmet say no. They contend that we should stress alcohol
awareness, rider training, and motorist awareness instead of requiring
a helmet to be worn. While it is true that these factors are important
for their safety, it is also true that helmets save lives. According
to the National Highway Traffic Safety Administration, a non-helmeted
motorcyclist is 40 percent more likely to incur a fatal head injury
than a helmeted motorcyclist in a similar crash. And of course there
is the greater public interest in that increased medical cost resulting
in increased medical premiums is passed onto the consumer. However,
the bottom line is that motorcycle helmets are a legal requirement in
Michigan.
For More Information
For more information go to:
www.michigan.gov/msp/1,1607,7-123-1589_1711_4587-16062--,00.html.
