HELMETS; MEDICAL EXEMPTION                                                                                     S.B. 209, 210, & 211:

                                                                                                                              ANALYSIS AS PASSED BY THE SENATE

Senate Bills 209 through 211 (as passed by the Senate)

Sponsor:   Senator Ed McBroom

Committee:   Natural Resources

Date Completed:   10-20-22

RATIONALE

Some individuals, as a result of medical conditions, are unable to use legally prescribed safety equipment, such as seatbelts. Under the Michigan Vehicle Code, if an individual is unable to wear a seatbelt for medical reasons, his or her physician may issue a verification of that fact for the individual. The Natural Resources and Environmental Protection Act (NREPA) prescribes similar safety equipment requirements, namely a requirement to wear a helmet, for individuals who operate off-road vehicles (ORVs). Some have noted that this requirement could exclude from recreational activities individuals who, as a result of a physical or medical condition, are unable to wear a helmet. Accordingly, it has been suggested that an individual be allowed to ride an ORV without a helmet if a physician issues a written verification that he or she is unable to do so.

CONTENT

Senate Bill 210 would amend Part 811 (Off-Road Recreation Vehicles) of NREPA to do the following:

 --     Allow an individual to ride an ORV without a crash helmet or protective eyewear if he or she possessed a written verification from a physician that he or she could not, for physical or medical reasons, wear a helmet.

 --     Require an individual to exhibit the written verification upon the request of a peace officer.  

Senate Bill 211 would amend Part 821 (Snowmobiles) of NREPA to do the following:

 --     Allow an individual to operate or ride a snowmobile without a helmet if he or she possessed a written verification from a physician that he or she could not, for physical or medical reason, wear a helmet.

 --     Require an individual to exhibit the written verification upon the request of a peace officer.

Senate Bill 209 would amend the Revised Judicature Act to specify that a physician would not be liable for civil damages that resulted from the physician's provision of or failure to provide a written verification that an individual who was under his or her care was unable, for physical or medical reasons, to wear a crash helmet, safety belt, or both.

Senate Bill 210

Generally, Part 811 of NREPA prescribes certain requirements for operating an ORV. Currently, an individual who is operating or is a passenger on an ORV must wear a crash helmet and protective eyewear that are approved by the US Department of Transportation (USDOT). These requirements do not apply to any of the following:

 --     An individual who owned the property on which the ORV is operating, is a family member of the owner and resides at that property, or is an invited guest of the property owner, subject to certain exceptions.

 --     An individual wearing a properly adjusted and fastened safety belt if the ORV is equipped with a roof that meets the USDOT standards for a crash helmet.

 --     An ORV operated on a State-licensed game bird hunting preserve at a speed of 10 miles per hour or less.

 --     An ORV operated for towing a fishing shanty or supply shed over the frozen surface of public waters at the minimum speed required to maintain control of the ORV at a speed of 10 miles per hour or less.

Under the bill, the requirement for an ORV operator or passenger to wear a USDOT-approved crash helmet and protective eyewear would not apply to an individual who possessed a written verification from a physician that he or she, for physical or medical reasons, was unable to wear a helmet. The individual would have to exhibit the written verification upon the request of a peace officer.