JASON'S TOP Five Motorcycling Bills to Watch This Spring

As Seen in Thunder Road Magazine

 

 

 

 Here we are in February, well in the clutches of Michigan’s deep freeze. While it’s highly unlikely anybody is still riding out there (at least not on the roads!), there are lots of things we can do to get ready for the upcoming season. Many people spend the coldest months working on their bikes, looking for new gear, taking safety courses, or planning road trips for the spring. My team and I are preparing for the season too: by watching out for new laws or changes to the law that could affect motorcyclists. This month’s article provides a brief review of five Bills we are watching now, and how they could affect motorcycling this year and beyond.

 

FIVE is House Bill 4853 (HB 4853), which proposes to increase the cost of a motorcycle safety course from “up to $25” to “up to $50”. In other words, the proposed change could potentially double the cost of taking a certified rider training course offered by any of the following types of agencies: a college or university, a school district, a law enforcement agency, or other government agencies within the state. There are a number of reasons for the change. For example, the original $25 fee was set in the 1980s, which means it hasn’t been updated in over 35 years, in spite of the fact that it now costs more to offer the courses. In addition, the low cost of the course resulted in student no-shows, and the low turn-out makes it difficult to get sponsors to offset the cost of the course. According to the Bill, the course fees would be used “only for funding the administration and implementation of the motorcycle safety education program”. I understand that any increase in fees is unfortunate, but this one seems to be reasonable and well thought-out. And, there could be another perk to taking a certified rider training program… (see FOUR). The Bill has been referred to the Senate committee on Transportation.

 

FOUR is House Bill 4854 (HB 4854), which proposes that the Secretary of State waive the required written test, road sign test, and driving skills test for those people applying for a new motorcycle endorsement (CY), if they have successfully completed a certified motorcycle safety course. To break it down: if you take a motorcycle safety course (approved by the Department), and pass the written and skills tests at the end, you can apply directly for your CY endorsement. This saves a step for applicants and streamlines the process, which seems like a win-win situation to me. This Bill has also been referred to the Senate committee on Transportation.

 

THREE is House Bill 4651, which proposes to increase the fines for unendorsed motorcyclists, bringing them closer to the fines motor vehicles drivers would pay for a similar offense. Currently, in order to ride a motorcycle legally, you must have a CY endorsement on your driver’s license; the cost of this endorsement $13.50 for the initial endorsement, and $5 to renew it. In other words, getting a CY endorsement is not cost-prohibitive; there is no good reason not to have one. If HB 4651 passes, it would increase the fine for a first offense from up to $100 to up to $500. A first offense could also put the motorcyclist in jail for up to 90 days. If the motorcyclist were to get caught riding without a CY endorsement again, they would face a fine up to $1,000, or jail time for up to 1 year. I realize this seems like a major increase; the new fine would be up to FIVE TIMES higher than the old fine. But let me put it to you a different way: right now, the cost of a CY endorsement is $13.50, and the fine for riding unendorsed is $100, meaning the fine is SEVEN TIMES higher than riding with a CY endorsement. If HB 4651 passes, the fine for riding unendorsed will go up to $500… THIRTY-SEVEN TIMES higher than just going to the Secretary of State and getting your CY endorsement. So really, HB 4651 can be seen as one more incentive to get all motorcyclists to get endorsed. Read TWO to see another Bill that is closely tied to this one. This Bill has been referred to the House Committee on Criminal Justice.

 

TWO is House Bill 4905 (HB 4905), which proposes that 25% of fines collected from unendorsed motorcyclists be diverted into the State’s Motorcycle Safety Fund. There is a tie-bar between HB 4905 and HB 4651, which means HB 4905 cannot be enacted into law unless HB 4651 is also enacted. This Bill has also been referred to the House Committee on Criminal Justice.

 

Finally, ONE is Senate Bill 527 (SB 527), which proposes to revoke Michigan motorcyclists’ freedom of choice and force all motorcyclists to wear a helmet when they ride, no exceptions; I touched on this Bill in my November article. To recap, SB 527 would undo the 2012 law allowing motorcyclists (and their passengers) to ride legally without a helmet as long as they met certain conditions: they are 21 or older; they carry at least $20,000 in first-party medical insurance (per rider); and have either had their CY endorsement for two years, or passed a Certified Rider Training Course in order to get their endorsement. Helmetless riding is a hotly debated issue, but personally I believe that negligence on the part of motor vehicle drivers has a much greater role to play in the safety – or lack thereof – of riding a motorcycle. This is not the first attempt to reinstate universal helmet laws, and I would guess that if it doesn’t pass, it won’t be the last. This Bill has been referred to the Senate Committee of Transportation.

 

Obviously, this isn’t a complete list of all the legislation that could affect motorcyclists this year, but it’s a good start. My team and I are always looking for new and relevant information to pass along to our clients, readers, and fans. To get the latest, find us on Facebook (Facebook.com/TheMotorcycleLawyer) or contact writer@lawyerforlife.com to subscribe to our monthly newsletter.