A Review of Michigan's Helmet Law

As Seen in Thunder Road Magazine

 

 

 


 I get a lot of questions about Michigan’s helmet law. It’s been two-and-a-half years since the current law was enacted, but many people still aren’t clear about how the law applies to them. This seems like the perfect time to revisit Michigan’s helmet law, including a bit of background information, and a review of how it affects Michigan operators and their passengers, as well as out-of-state motorcyclists. Obviously, this article can’t get into the specific details of the law, and every case is different. If you have questions about Michigan’s helmet law or any other motorcycle-related legal questions, contact me directly. 

Michigan’s helmet law was enacted by Governor Rick Snyder in April of 2012, and not without some controversy. Opponents of the new law presented statistics that helmetless riders are more likely to suffer from a severe head injury than riders who wear a helmet. These injuries could increase medical costs to both the government and insurance companies, and allowing riders to ride without a helmet could cause a spike in insurance rates. 

On the other hand, supporters of the law felt that being able to choose whether to ride with or without a helmet is an issue of freedom; that riders should be able to make an informed choice and not have their actions dictated by the government. Proponents also pointed out that nearby states including Indiana, Ohio, Illinois, and Wisconsin had already repealed their mandatory helmet laws. They argued that Michigan was missing out on tourist dollars, as riders from these other states would avoid coming here if it meant wearing a helmet to ride. 

The law affects motorcycle operators and passengers a little differently. A motorcycle rider can legally ride without a helmet as long as they are at least 21 years old; have at least $20,000 of first-party medical benefits coverage; and have had their motorcycle endorsement (CY) for at least two years, or passed a Certified Rider Training program in order to get their CY endorsement. Of course, it goes without saying that you have to have insurance on your motorcycle; that’s a prerequisite for legal riding with or without a helmet. Michigan motorcyclists can now wear vanity helmets if they want to, provided they meet all the above criteria for riding without a helmet. 

A passenger who wants to ride on a motorcycle without a helmet must be at least 21 years old and must be covered for at least $20,000 in first-party medical benefits, either through their own motorcycle insurance policy or the motorcycle operator’s policy. In other words, there needs to be $20,000 in first-party medical coverage for each person on the bike riding without a helmet. VA, Medicare, or other health insurance policies do not satisfy the requirement for $20,000 in first-party medical coverage if you want to ride without a helmet; the coverage needs to be part of your motorcycle insurance policy. Your best bet is to contact an insurance agent who specializes in motorcycle policies; dealing directly with an agent will help you ensure you get all the coverage you need. 

Motorcyclists from out of state are subject to the same rules as those of us who are from Michigan: they must be at least 21 years or older; must have a motorcycle license or endorsement from their home state; and they must have either had their license or endorsement for at least two years, or passed a certified rider training course in order to get their license or endorsement. However, out-of-state riders do not need to carry the $20,000 in first-party medical coverage, as long as they ride here for a total of 30 days or fewer within the calendar year (MCL 500.3102). 

One question I get asked a lot is whether or not the police can pull over a motorcyclist for riding without a helmet. Since the law clearly states that, as long as you meet certain criteria, riding without a helmet is legal, the answer is no. According Michigan State Police Update #95, officers must have "articulable and reasonable suspicion that a violation of the Michigan vehicle code has occurred" if they are going to pull over a motorcyclist. 

Like I said, there is no way to get into all the nuance and exceptions to Michigan's voluntary helmet law in a single article, but I hope that readers will understand the basics of the law and ride safely and legally. You can always contact our office with your specific questions if you want to learn more about Michigan's helmet law.