All persons riding a motorcycle, and any person less than 19 years of age operating a moped on a public thoroughfare, are required to wear a crash helmet on his or her head. The Michigan Department of State Police has been given the legislative responsibility to approve crash helmets and to promulgate rules to implement this law.

Section 257.658 of the Michigan Vehicle Code reads as follows:

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

(4) A person operating or riding on a motorcycle, and any person less than 19 years of age operating a moped on a public thoroughfare shall wear a crash helmet on his or her head. 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 pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.315. Rules in effect on June 1, 1970, shall apply to helmets required by this act. This subsection does not apply to a person operating or riding in an autocycle if the vehicle is equipped with a roof which meets or exceeds standards for a crash helmet.

(5) A person operating or riding in an autocycle shall wear seat belts when on a public highway in this state.

R 28.951, effective July 27, 2000, promulgated pursuant to the Administrative Procedures Act of 1969, as required by MCL 257.658(4):

Rule 1. Motorcycle helmets shall meet the model specifications established by the United States Department of Transportation, National Highway Safety Administration. These specifications, located at and identified as "Motorcycle Helmets", 49 C.F.R. § 571.218, published April 15, 1988 in the Federal Register (53 FR 12529), effective October 3, 1988, are adopted in these rules by reference. Printed copies of 49 C.F.R. § 571.218 are available for inspection and for distribution to the public at cost at the offices of the Michigan Department of State Police, Field Operations Division, Traffic Services Section, 714 S. Harrison Road, East Lansing, Michigan 48823. Printed copies of Chapter 49, Transportation, Pts. 400-999, containing 49 C.F.R. § 571.218, are also available from the United States Government Printing Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pa 15250-7954, at a cost of $57.00 at the time of the adoption of this rule.

A complete copy of Motorcycle Protective Headgear, Rule R28.951, can also be viewed at the Office of Regulatory Reform Administrative Rule website.

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Recognizing Approved Helmets

Per the Michigan Administrative Code Rule R28.951, only motorcycle helmets meeting all of the requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 218 are legal for use in Michigan. The following guidelines are useful in recognizing approved helmets:

Labeling:

·Manufacturer's name or identification.

· Precise model designation.

· Size.

· Month and year of manufacture (i.e., June 1988 or 6/88).

· The symbol DOT, constituting the manufacturer's certification that the helmet conforms to the applicable federal motor vehicle safety standards. The symbol shall appear on the posterior outer surface, in a color that contrasts with the background, in letters at least 3/8 inch high, and between 1 1/8 inches and 1 3/8 inches from the bottom edge of the helmet.

• It is important to note that an approved helmet may no longer bear the DOT sticker if it has been removed, or covered by a custom paintjob. Also, contraband DOT stickers can be obtained for the purpose of applying them to unapproved helmets. The application of a DOT sticker to an unapproved helmet does NOT make it a legal helmet in Michigan.

· Instructions to the purchaser regarding construction and other safety-related information.

Other guidelines:

· As a general rule, the thickness of the polyfoam inner liner should be at least 1 inch thick. This is the easiest way to detect helmets not meeting federal standards, as most novelty helmets are nothing more than a shell with a very thin liner or pad for comfort.

· Chin straps must be sturdy, thick, and well-riveted.

· Protrusions outside of the helmet shall be limited to those required for operation of essential accessories and shall not protrude more than 2/10 inch.