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Why Have a Michigan Motorcycle Endorsement?

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2019 Motorcycle Safety Education Courses - Southeast Michigan Classes

Everything you need to know about Michigan motorcycle endorsement:

 

What is a Michigan Motorcycle endorsement? In order to legally ride a motorcycle in Michigan, the state of Michigan’s Secretary of State requires that you not only have a valid Michigan driver’s license (operators or chauffeurs) but also a motorcycle endorsement (known as a CY endorsement) to ride a motorcycle legally in the state of Michigan.

How do you get a Michigan motorcycle endorsement?

 

Typically you have to go to the Secretary of State’s office, pass the written test, pay a $16 fee (as of 2019), and either show a certificate of completion of a motorcycle safety class or proof of passing a road skills test given by an approved third-party testing organization. You used to be able to make an appointment at certain Secretary of State locations to have someone watch you ride your motorcycle through an obstacle course.  Now this is done by a third party.


If a police officer pulls me over and I do not have a valid Michigan motorcycle endorsement what can happen?

 

A law enforcement officer may arrest you and impound your motorcycle. You can be charged with a misdemeanor with penalties of up to $500 fine and/or up to 90 days in jail for your first offense.


How can having motorcycle insurance and a motorcycle endorsement benefit me?

 

Some motorcycle insurance companies offer a discount to their insureds that have a valid motorcycle endorsement.  Check with your agent if this is offered.  This is yet another reason to get your endorsement.


What is the possible impact in a civil negligence case (pain and suffering motorcycle case) where the victim motorcyclist does not have the required motorcycle endorsement?

 

The defense attorney will want to argue that the motorcyclist was negligent or comparatively negligent for failing to have the proper license.  But in my opinion we must look at the facts of the case; For example, if the motorcyclist is standing still at a red light and he is rear-ended, how does having a CY on your driver’s license contribute to causing the crash?  It does not.    


The defense attorney wants to argue, always when at all possible, that the motorcyclist was comparatively negligent.  Any percentage of negligence assigned to the motorcyclist will reduce any money damages awarded.


However, my current research of the applicable Michigan case law is that a judge may instruct the jury that they may infer negligence of anyone that violates the licensing statute. Therefore, this is just another reason to make sure you have a valid motorcycle endorsement.


Here are the applicable Michigan Statutes (Michigan Compiled Laws) that are related to motorcycle endorsements of Michigan and the penalties:



MCL 257.312a Motorcycle indorsement; issuance, suspension, revocation, cancellation, or renewal; special restricted license to operate moped; requirements; expiration; duration; fees; violation as misdemeanor; penalty.

 

Sec. 312a.

 

(1) A person, before operating a motorcycle, other than an autocycle, upon a public street or highway in this state, shall procure a motorcycle indorsement on his or her operator's or chauffeur's license. The license shall be issued, suspended, revoked, canceled, or renewed in accordance with and governed by this act.

 

(2) A person, before operating a moped upon a highway shall procure a special restricted license to operate a moped unless the person has a valid operator's or chauffeur's license. A special restricted license to operate a moped may be issued to a person 15 years of age or older if the person satisfies the secretary of state that he is competent to operate a moped with safety. The secretary of state shall not require a road test before issuance of a special restricted license to operate a moped.

 

(3) A special restricted license to operate a moped shall expire on the birthday of the person to whom it is issued in the fourth year following the date of issuance. A license shall not be issued for a period longer than 4 years. A person issued a license to operate a moped shall pay $7.50 for an original license and $6.00 for a renewal license. The money received and collected under this subsection shall be deposited in the state treasury to the credit of the general fund. The secretary of state shall refund out of the fees collected to each county or municipality, acting as an examining officer, $2.50 for each applicant examined for an original license and $1.00 for a renewal license.

 

(4) A person who violates subsection (1) is guilty of a misdemeanor punishable as follows:

 

(a) For a first violation, by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

 

(b) For a violation that occurs after a prior conviction, by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.



MCL 257.301 Valid operator's or chauffeur's license required; group designation and indorsements; surrender of other valid licenses; notice; number of licenses permitted; certifying nonpossession of valid license.

 

Sec. 301.

 

(1) Except as provided in this act, a person shall not drive a motor vehicle upon a highway in this state unless that person has a valid operator's or chauffeur's license with the appropriate group designation and indorsements for the type or class of vehicle being driven or towed. A resident of this state holding a commercial driver's license group indorsement issued by another state shall apply for a license transfer within 30 days after establishing domicile in this state.

 

(2) A person shall not receive a license to operate a motor vehicle until that person surrenders to the secretary of state all valid licenses to operate a motor vehicle issued to that person by this or any state or certifies that he or she does not possess a valid license. The secretary of state shall notify the issuing state that the licensee is now licensed in this state.

 

(3) A person shall not have more than 1 valid driver's license.

 

(4) A person shall not drive a motor vehicle as a chauffeur unless that person holds a valid chauffeur's license. A person shall not receive a chauffeur's license until that person surrenders to the secretary of state a valid operator's or chauffeur's license issued to that person by this or any state or certifies that he or she does not possess a valid license.

 

(5) A person holding a valid chauffeur's license need not procure an operator's license.



Statutes/ Laws In a nutshell:



MCL 257.252d describes the general circumstances where a law enforcement officer may authorize the immediate removal of vehicles including motorcycles, and each department may have policies which provide additional guidance consistent with Michigan law.  Depending on the specific facts and circumstances, there may be situations where towing the motorcycle of an unendorsed rider is appropriate and other situations where it is not.  For example, if a police officer prohibits an unendorsed rider from unlawfully operating the motorcycle away from a hazardous location upon the shoulder of a highway, and no other licensed operator is present to lawfully remove the motorcycle from the scene, it may be appropriate under MCL 257.252d to impound the motorcycle consistent with that department’s policies.  


Additionally, MCL 257.312d provides that all references in the Michigan Vehicle Code to an operator’s license include a motorcycle endorsement.  Additionally, a person operating without a valid motorcycle endorsement may lawfully be arrested for a misdemeanor offense pursuant to MCL 257.301 and/or  MCL 257.312a.  As such, the circumstances which would authorize the impound of vehicles being operated by arrested drivers would be the same for motorcycles as it would be for other types of vehicles.  



Why have a Michigan motorcycle endorsement?

  • It makes you legal
  • If you get pulled over you won’t be arrested for license violation
  • Your motorcycle can be impounded if you don’t have the motorcycle endorsement
  • With a motorcycle endorsement you may get a discount on your insurance
  • The penalty for not having a motorcycle endorsement can be a fine of up to $500 and up to 90 days in jail; this is a misdemeanor
  • In a civil case where the motorcyclist pursues the negligent driver for pain and suffering damages, lacking a motorcycle endorsement may allow the defense attorney to argue that the jury can infer the motorcyclist was negligent for not having the proper license


There are many other details that can be found at the Michigan Secretary of State website.  These would include drivers/operators ages 16 to 18, members of the military that passed the requirements to ride legally on base, renewing a motorcycle endorsement, special information regarding three wheel motorcycles, and more.  See the link here: https://www.michigan.gov/sos/0,4670,7-127-1627_46351_46352---,00.html

 

 

 

 

LINKS with More Info:

 

 

State of Michigan Motorcyclist Training Site Locator:

https://www.michigan.gov/sos/0,4670,7-127-1627_46351_61092---,00.html

 

 

Michigan Rider Education Program

Michigan Department of State
430 West Allegan Street, 3rd Floor
Lansing, MI 48918
517-241-6850
motorcycling@michigan.gov

www.michigan.gov/mi-rep

 

Motorcycle Safety Foundation (MSF)

Great background on who teaches, the qualifications, what the course covers, and what you can expect here.

 

 

 

Really helpful info you won’t find anywhere but here:

 

In researching and gathering all the information needed, I realized all of this can be a little confusing.  Therefore, here are three people in the know who can be contacted with specific questions and can explain it all in full detail:

 

 

Motorcycle Class Contact at Macomb Community College

motorcycle@macomb.edu

 

Renee Waraksa

Phone: (586) 498-4112

 

Karen Woolman

Phone: (586) 498-4156

 

 

Schoolcraft College

Motorcycle Safety contact number: 734-462-4594  

 

For Private Sponsor - Wolverine Harley Davidson

David Friedel

586-464-1350

Dfriedel@wolverinehd.com

 

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2019 Motorcycle Safety Education Courses - Southeast Michigan Classes

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Specializing in Representing Injured Bikers & Their
Families Anywhere in Michigan

Attorney Jason Waechter is THE Motorcycle Lawyer sm

For 25 years he and his team have represented injured motorcyclists and their families in injury, no-fault and wrongful death cases.  As an avid motorcycle rider and litigator of over 1,000 cases, Jason has specialized knowledge and understands the dynamics, defenses and prejudices that are unique to cycle wreck cases. Free consultation and meeting.  Never a fee unless we win!

“I ride… I get it.”

Call today to talk with THE Motorcycle Lawyer sm , personally.

 

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