# ATV Helmet law



## Howitzer (Nov 1, 2004)

There is a vicious rumor that it is illegal to ride my ATV on my own property without a helmet is this true?

If so is there an exemption for while doing work, i think wearing a helmet while plowing would be more dangerous.


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## ozzgood2001 (Feb 15, 2003)

helmets must be worn at all times! to the best of my knowledge yes you need to have one even on private property. i was told this by the safety instructor that held the atv safety class i attended.


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## FishTales (Feb 13, 2002)

Howitzer said:


> There is a vicious rumor that it is illegal to ride my ATV on my own property without a helmet is this true?
> 
> If so is there an exemption for while doing work, i think wearing a helmet while plowing would be more dangerous.


It's not a vicious rumor, it's the law. This was just discussed the other day, click on the link to see Boehr's answer. ATV Helmet Laws


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## Howitzer (Nov 1, 2004)

Thanks, although I think its a bit over the line I'm OK. My biggest concern is wearing the helmet while plowing snow which is a farm activity so even if a CO has a problem the prosecuter will be able to show the ticket to the nearest trash can.


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## Backwoods-Savage (Aug 28, 2005)

Howitzer said:


> Thanks, although I think its a bit over the line I'm OK. My biggest concern is wearing the helmet while plowing snow which is a farm activity so even if a CO has a problem the prosecuter will be able to show the ticket to the nearest trash can.


But going back to boehr's answer to my question, he says you must wear the helmet at all times when you are on the atv. So, that means us farmers are not exempt. Seems like a crock, but it appears that it is the law. We don't have to like the laws, but they are the laws nonetheless.


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## YZman (Mar 4, 2004)

There is an exemption when used for farm related activities.


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## answerguy8 (Oct 15, 2001)

YZman said:


> There is an exemption when used for farm related activities.


Could you post a link proving that? 

I personally support the right of people not to wear helmets or seat belts, I just think they're stupid if they don't. 

Howiter,
Why don't you want to wear the helmet while plowing snow?
Answerguy8


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## FREEPOP (Apr 11, 2002)

answerguy8 said:


> Why don't you want to wear the helmet while plowing snow?


It fogs up
It impairs vision, especially when near the road and it isn't very warm


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## YZman (Mar 4, 2004)

324.81122 Prohibited operation of unregistered ORV; exceptions; operator as prima facie negligent.

Sec. 81122.

(1) A person shall not operate an ORV that is not registered under the code upon a public highway, street, or right-of-way of a public highway or street, except as provided in section 81131 or under the following conditions and circumstances:

(a) The operator of a vehicle may cross a public highway, other than a limited access highway, at right angles, for the purpose of getting from 1 area to another, if the operation can be done in safety. The operator shall bring the vehicle to a complete stop before proceeding across a public highway, and shall yield the right-of-way to oncoming traffic.

(b) A vehicle may be operated on a street or highway for a special event of limited duration and conducted according to a prearranged schedule only under permit from the governmental unit having jurisdiction. A special event involving ORVs may be conducted on the frozen surface of public waters only under permit from the department.

(c) A farmer, employee of a farmer, or family member of a farmer who is at least 16 years of age may operate an ORV on the extreme right side of a roadway or highway right-of-way when it is not practicable to operate off that roadway or highway right-of-way. Such operation shall be limited to traveling to or from the farmer's residence or work location or field during the course of farming operations. An ORV shall not be operated pursuant to this subdivision during the period of 30 minutes before sunset to 30 minutes after sunrise, when visibility is substantially reduced due to weather conditions, or in a manner so as to interfere with traffic. The state transportation department and all of its employees are immune from tort liability for injury or damages sustained by any person arising in any way by reason of the operation or use of an ORV for the limited purposes allowed under this subdivision. An operator of an ORV under this subdivision shall have attached to the ORV a flag made of reflective material. The flag shall extend not less than 8 feet from the surface of the roadway and not less than 4 feet above the top of the ORV. The flag shall be not less than 12 inches high by 18 inches long and not measure less than 100 square inches.

(2) In a court action in this state where competent evidence demonstrates that a vehicle that is permitted to operate on a highway pursuant to the code is in a collision with an ORV on a roadway, the operator of the ORV involved in the collision shall be considered prima facie negligent.


History: Add. 1995, Act 58, Imd. Eff. May 24, 1995
Popular Name: Act 451
Popular Name: Off-Road Vehicle Act
Popular Name: ORV

Some farmers will have the reflective diamond mounted on the back. When used for farming operations, and so equipped, it really changes its definition. An ORV in reality is the state of how the vehicle is being used. If you use a golf cart on a golf course its not an ORV, try taking it on the trails and it is now considered an ORV. Same with a licensed vehicle taken offroad.


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## Howitzer (Nov 1, 2004)

FREEPOP said:


> It fogs up
> It impairs vision, especially when near the road and it isn't very warm


What he said, you can't see especially when backing up.

Also like YZman stated the definition of ORV changes when it is being used for work. I have tree farms that are 1 mile apart from each other I have never been bothered by a CO Or LEO when transporting my Brushhog or other equipment on my quad, but i do wear a helmet when I am on the road.


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## zx10r2004 (Sep 24, 2005)

Howitzer said:


> There is a vicious rumor that it is illegal to ride my ATV on my own property without a helmet is this true?
> 
> If so is there an exemption for while doing work, i think wearing a helmet while plowing would be more dangerous.


you dont have to where a helmet on your own property.just on public property.thats like say you have to do the speed limit on your property.:lol:


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## YZman (Mar 4, 2004)

zx10r2004

That is incorrect, if I'm on my own property, on my own motocross track or trails, I LEGALLY have to be wearing a helmet because in this use it is a Michigan defined ORV.
If I was on my ZX11, (even if I hit my nitrous; which would give a whole new meaning to centrifugal force; laws of physics, pretty hard to disregard  ), going around my circular concrete driveway then I probably would not legally need a helmet.


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## boehr (Jan 31, 2000)

We will close this so there are no more incorrect answers provided. The bottom line, by law, a helmet must be worn. The farm exception deals with operating on the road, the word helmet is never mentioned in the excemption.


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