SB-1121, As Passed Senate, December 13, 2012

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 1121

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 21, 59, 73, and 658 (MCL 257.21, 257.59,

 

257.73, and 257.658), section 21 as amended by 1985 PA 32 and

 

section 658 as amended by 2012 PA 98.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 21. "Implement of husbandry" means a vehicle which is

 

either a farm tractor, a vehicle designed to be drawn by a farm

 

tractor or an animal, a vehicle which directly harvests farm

 

products, or a vehicle which directly applies fertilizer, spray, or

 

seeds to a farm field.or trailer in use for the exclusive function

 

of serving agricultural, horticultural, or livestock operations.

 

Implement of husbandry includes a farm tractor, self-propelled

 

application-type vehicle, farm wagon, farm trailer, a vehicle or

 


trailer adapted for lifting or carrying another implement of

 

husbandry, or any substantially similar equipment used to transport

 

products necessary for agricultural production.

 

     Sec. 59. "Semi-trailer" means every vehicle with or without

 

motive power, other than a pole-trailer, designed for carrying

 

persons or property and for being drawn by a motor vehicle and so

 

constructed that some part of its weight and that of its load rests

 

upon or is carried by another vehicle. Semi-trailer does not

 

include any implement of husbandry.

 

     Sec. 73. "Trailer" means every vehicle with or without motive

 

power, other than a pole-trailer, designed for carrying property or

 

persons and for being drawn by a motor vehicle and so constructed

 

that no part of its weight rests upon the towing vehicle. Trailer

 

does not include any implement of husbandry.

 

     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 An electric personal assistive mobility

 

device shall not be used to carry more than 1 person at a time.

 

     (4) A person less than 19 years of age operating a moped on a

 

public thoroughfare shall wear a crash helmet on his or her head.

 

Except as provided in subsection (5), a person operating or riding

 

on a motorcycle shall wear a crash helmet on his or her head.

 

     (5) The following conditions apply to a person 21 years of age

 


or older operating or riding on a motorcycle, as applicable:

 

     (a) A person who is operating a motorcycle is not required to

 

wear a crash helmet on his or her head if he or she has had a

 

motorcycle endorsement on his or her operator's or chauffeur's

 

license for not less than 2 years or the person passes a motorcycle

 

safety course conducted under section 811a or 811b and satisfies

 

the requirements of subdivision (c).

 

     (b) A person who is riding on a motorcycle is not required to

 

wear a crash helmet on his or her head if the person or the

 

operator of the motorcycle satisfies the requirements of

 

subdivision (c).

 

     (c) A person who is operating a motorcycle and a person who is

 

riding on a motorcycle are not required to wear crash helmets on

 

their heads if the operator of the motorcycle or the rider has in

 

effect security for the first-party medical benefits payable in the

 

event that he or she is involved in a motorcycle accident, as

 

provided in section 3103 of the insurance code of 1956, 1956 PA

 

218, MCL 500.3103, in 1 of the following amounts, as applicable:

 

     (i) A motorcycle operator without a rider, not less than

 

$20,000.00.

 

     (ii) A motorcycle operator with a rider, not less than

 

$20,000.00 per person per occurrence. However, if the rider has

 

security in an amount not less than $20,000.00, then the operator

 

is only required to have security in the amount of not less than

 

$20,000.00.

 

     (6) 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 under the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Rules in

 

effect on June 1, 1970, apply to helmets required by this act.

 

     (7) The crash helmet requirements under this section do not

 

apply to 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.

 

     (8) A person operating or riding in an autocycle shall wear

 

seat belts when on a public highway in this state.