I will appologize in advance for the length of this post.
2011 House Bill 4936: Allow less than unlimited PIP insurance
•Introduced by Rep. Pete Lund (R) on September 13, 2011.
From the text of the Bill:
Section 3113, Paragraph D.
Sec. 3113. A person is not entitled to be paid personal protection insurance benefits for accidental bodily injury if at the time of the accident any of 1 the following circumstances
(D) THE PERSON WAS AN OPERATOR OF OR PASSENGER ON A MOTORCYCLE WHO WAS NOT WEARING ON HIS OR HER HEAD A CRASH HELMET THAT CONFORMED WITH THE REQUIREMENTS OF SECTION 658(4) OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.658.
Nice ain't it!
If this passes Lordfly get's his wish!
From a REPUBLICAN no less!
I have a few issues with this one Pete!
Michigan has a mandatory helmet law.
That law says if you ride you must wear a helmet.
It also says the Michigan State Police is in charge of promulgating the rules to apply the law.
So, they must let us know what is a compliant helmet for the law.
Yet they provide no such list or documents.
So instead of doing what the Michigan law requires, they adopt the Fed Standard.
However, FMVSS218 does not tell you what a helmet is, what is should be made of, what it should look like. All it does is tell you how to test a so called helmet on a head form with some mechanical devices.
And, most importantly it no where APPROVES ANYTHING! It is simply a pass or fail test, there is no implicit APPROVAL by the Feds or anyone else.
Judge Cynthia Hathaway, a Michigan Supreme Court Justice, said so in her ruling on this issue years ago while in the Appellate Court!!
Testing is voluntary and there is no mechanism to remove helmets from the market if they fail. There are literally HUNDREDS of different models of helmets on the market and only a fraction are voluntarally tested each year.
The results are readily available on line.
Shortly after the MSP adopted the Fed Standard they put out a memo to their Posts stating that the "presence or absence of a DOT sticker is not a means of determining if a helmet is compliant".
Well, if the MSP don't know what a compliant helmet is how are motorcyclists supposed to comply with the law??
Evidently that don't matter!
How do motorcyclists know the helmet in the box on the store shelf passed or failed, or was even tested?
Is the test accurate to real world applications?
And now comes Rep. Lund with his idea.
Let's change Michigans No Fault Law to exclude coverage, regardless if they paid or not, from those who may choose not to wear a potentially unsafe piece of riding equipment.
Way to go Pete! Thanks!
What is the leading cause of head injuries in Michigan?
Where are motorcycles on the list?
Last one I saw was #5.
What is the leading cause of death to motorcyclists in gerneral?
Blunt force trauma to the chest or abdomen.
All the States around Michigan have either no helmet law or an adult rider provision and they all have lower death rates than Michigan, WHY?
Helmet manufacturers generate more revenue selling helmets in "choice" States than "mandatory" States, WHY?
Not one State has raised it's insurance rates after getting rid of a helmet law. More importantly, not one State has lowered it's rates after applying one! WHY?
And some wonder why I fight against this BS!