# Helmet Law



## Kamikazie16

Anybody know for sure if the repeal of the helmet law for motor cycles also effects ORV riders??

BP


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## wally-eye

The *law *only addresses motorcycles.......

Still need them for an atv......regardless of where it's being ridden.


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## geycav

I need someone to help me understand why mopeds can drive down the road in excess of 50 mph without a helmet OR license, why helmets are no longer required for motorcycles, but when a 4 wheeler is driven on a remote 2 track at 15 mph you get a $160.00 ticket. Anyone have an answer?


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## bigcountrysg

geycav said:


> I need someone to help me understand why mopeds can drive down the road in excess of 50 mph without a helmet OR license, why helmets are no longer required for motorcycles, but when a 4 wheeler is driven on a remote 2 track at 15 mph you get a $160.00 ticket. Anyone have an answer?


 
Simple the Law says when operating an ATV a Helmet is Required. 

Don't like it then call your state Rep, and Congressman and all your other elected officials.


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## B.Chunks

Got a question here that I could not find the answer to online. 

What is a legal helmet on an ATV? Half helmet? Full helmet, but open face? Or does it have to be full with the chin guard?


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## B.Chunks

geycav said:


> I need someone to help me understand why mopeds can drive down the road in excess of 50 mph without a helmet OR license, why helmets are no longer required for motorcycles, but when a 4 wheeler is driven on a remote 2 track at 15 mph you get a $160.00 ticket. Anyone have an answer?


 $160? Ouch! I better slow down.


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## 2manyfish

I'm new to riding quads, do you need a helmet on your own land? Are there speed restrictions on private property? Can the law come on your land and force a breathilizer sp??? I better clarify we don't drink and drive the machine but I have had a couple of beers after work and driven to get the mail. I don't want to risk anything. 

My neighbor asked me last night not to ride my quad. It kicks up dust. I want to make sure I'm legal when she calls the sheriff.


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## stickem

2manyfish said:


> I'm new to riding quads, do you need a helmet on your own land? Are there speed restrictions on private property? Can the law come on your land and force a breathilizer sp??? I better clarify we don't drink and drive the machine but I have had a couple of beers after work and driven to get the mail. I don't want to risk anything.
> 
> My neighbor asked me last night not to ride my quad. It kicks up dust. I want to make sure I'm legal when she calls the sheriff.


lol if its your land you can do anything you want..but remember the state owns 33 feet from the middle of the road so..if it was your land id tell the neighbor lady to close her windows then


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## GrizzlyHunter

geycav said:


> I need someone to help me understand why mopeds can drive down the road in excess of 50 mph without a helmet OR license, why helmets are no longer required for motorcycles, but when a 4 wheeler is driven on a remote 2 track at 15 mph you get a $160.00 ticket. Anyone have an answer?


Seriously??? You're going to try and apply logic to our legal system and our politicians???...Really? 

Sorry, I just couldn't resist. :lol:


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## dead short

B.Chunks said:


> Got a question here that I could not find the answer to online.
> 
> What is a legal helmet on an ATV? Half helmet? Full helmet, but open face? Or does it have to be full with the chin guard?


*324.81133 Operation of ORV; prohibited acts.*
Sec. 81133.
An individual shall not operate an ORV:
(a) At a rate of speed greater than is reasonable and proper, or in a careless manner having due regard for conditions then existing.
(b) Unless the individual and any passenger in or on the vehicle is wearing on his or her head a *crash helmet* and *protective eyewear* *approved by the United States department of transportation*


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## dead short

I'm new to riding quads, do you need a helmet on your own land? *Yes, there is no exception to private property.*


*324.81133 Operation of ORV; prohibited acts.*
Sec. 81133.
An individual shall not operate an ORV:
(a) At a rate of speed greater than is reasonable and proper, or in a careless manner having due regard for conditions then existing.
(b) Unless the individual and any passenger in or on the vehicle is wearing on his or her head a crash helmet and protective eyewear approved by the United States department of transportation.


Are there speed restrictions on private property? *Kind Of, there is a measure of common sense required on behalf of the operator.*


*324.81133 Operation of ORV; prohibited acts.*
Sec. 81133.
An individual shall not operate an ORV:
(a) At a rate of speed greater than is reasonable and proper, or in a careless manner having due regard for conditions then existing.


Can the law come on your land and force a breathilizer sp??? *If the situation at hand requires it, yes. Would be similar to a regular OUIL in that it would require articulable facts to substantiate a test - e.g. - sobriety tests.*


*324.81137 Implied consent to chemical tests of blood, breath, or urine; exception.*

Sec. 81137.
(1) Except as provided in subsection (2), a person who operates an ORV is considered to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in his or her blood, and may be requested by a peace officer to submit to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in his or her blood ifa) The person is arrested for a violation of section 81134(1) or (2) or 81135 or a local ordinance substantially corresponding to section 81134(1) or (2) or 81135.
(2) A person who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician shall not be considered to have given consent to the withdrawal of blood.


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## JimP

2manyfish said:


> I'm new to riding quads, do you need a helmet on your own land? Are there speed restrictions on private property? Can the law come on your land and force a breathilizer sp??? I better clarify we don't drink and drive the machine but I have had a couple of beers after work and driven to get the mail. I don't want to risk anything.
> 
> My neighbor asked me last night not to ride my quad. *It kicks up dust.* I want to make sure I'm legal when she calls the sheriff.


Invest in a $20 bag or two of "DowFlake" Sodium Chloride.
Spread it generously up the trail/drive with a garden spreader for summer long dust control.

ps, rinse your spreader well


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## sourdough44

When I ride an ATV in MI & need a helmet I use a minimal 'skid lid' half helmet. I like the WI ATV helmet law better, basically over 18 & hunting & fishing you don't need a helmet.


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## Shift7609

if you own the property there is an exception you do not need a helmet nor an orv and you could be drunk they cannot trespass pass without reasonable cause!

Outdoor Hub mobile, the outdoor information engine


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## JimP

Shift7609 said:


> if you own the property there is an exception *you do not need a helmet* nor an orv and you could be drunk they cannot trespass pass without reasonable cause!
> 
> Outdoor Hub mobile, the outdoor information engine


I'm new to riding quads, do you need a helmet on your own land?" *Yes, there is no exception to private property.*

You don't need an ORV sticker is the *only* exception


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## dead short

Shift7609 said:


> if you own the property there is an exception you do not need a helmet nor an orv and you could be drunk they cannot trespass pass without reasonable cause!
> 
> Outdoor Hub mobile, the outdoor information engine


 
What....? Was wondering if you could point that exception out for the ones following the thread......The link to the ORV law in it's entireity is right here. http://www.legislature.mi.gov/(S(cb...1994-III-4-6-OFF-ROAD-RECREATION-VEHICLES-811 

When you find it, feel free to cut and paste it into a follow-up post.

Sure, an officer is not going to wander onto private property without a reason and make you do sobrieties, but it is required by law that you wear a helmet on private property (civil infraction) and it is against the law to operate an ORV intoxicated or impaired on private property (both misdemeanors).


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## MossyHorns

I never wear a helmet on private property when I am driving around on the farm. I have seen several DNR officers and not one has ever stopped me. 

I like the helmet laws and passenger laws they have in states like Colorado, Wyoming, and South Dakota. No helmets required and you can put as many people on an atv as you want and still drive it into town. My cousin lives in Colorado and there is not even a min age for a kid to ride and atv on public land. Michigan has too many laws, but I am in favor of laws that protect the land from being destroyed by careless riders.


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## dead short

MossyHorns said:


> I never wear a helmet on private property when I am driving around on the farm. I have seen several DNR officers and not one has ever stopped me.


You're probably right. That's because you aren't going to find many officers that are going to come knock on your door for a civil infraction like that.  Not that there might be one out there somewhere though.

Someone being drunk is a little different though.


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## MossyHorns

dead short said:


> You're probably right. That's because you aren't going to find many officers that are going to come knock on your door for a civil infraction like that.  Not that there might be one out there somewhere though.
> 
> Someone being drunk is a little different though.


I will agree that it's not wise to ride drunk on an atv or snowmobile. I do a lot of snowmobiling and I will not drink until we get back to the cabin. I don't see a lot of guys in the bar getting hammerd like I used to 15-20 years ago.


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## hitechman

MossyHorns said:


> I never wear a helmet on private property when I am driving around on the farm. I have seen several DNR officers and not one has ever stopped me.....................


In the process of researching and authoring On-Road ORV Ordinances for Ashley and Saint Louis in Gratiot County (now adopted into local law), contact was made with a conservation officer.

Riding an ATV ANYWHERE w/o a helmet, or with a passenger on an ATV built for 1 driver at the FACTORY (nope, you can not add a "seat" to make it legal) is against state law (and local law can not override these provisions). The CO replied when questioned that he "would ticket anyone riding on their own property without a helmet or with passengers on an ATV not factory built for a passenger".

This reply even surprised our local police chief who was unaware of state law concerning ORV's.

Saint Louis police often "overlooked" ORV's on the road in the past (going to plow snow, hauling wood or yard waste, etc) if they were doing so for the "arbritary good reason". Many residents rode "in their own yard" with children sitting on fenders and the back of the seat.

Heck, look at the thread below this one with the "child" on the ATV--not legal in Michigan.

I'm not arguing whether is should or should not be a law or enforced, just that fact that it is state law.

I personally know of 1 incident in southern Gratiot County (2002) where a property owner riding on his own property without a helmet, and was ticketed for his action--cost him $150.

Steve


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