ABATE of Michigan · Region 15 · Wayne County · Information Center

February 1, 2004 I typed in the Canton 35th District court transcript for Ernie's dismissal on a no-helmet ticket. The formal hearing took place on Dec. 12, 2003 and lasted 32 minutes. Read it here. January 18, 2004 Ernie receives the State Member of the Year award at the Annual Seminar in Saginaw. More here... December 12, 2003 Ernie's Canton (District 35) no-helmet ticket was dismissed by Judge Lowe. More here... November 14, 2003 Ernie had formal hearings in Farmington and Farmington Hills 47th District Court. Judge Parker rules that you must wear something on your head - bandana, ball cap, etc. - but not a bottle cap. Ernie will see if Katkowsky wants to appeal to Oakland County Circuit Court. More here... September 8, 2003 Ernie has formal hearings coming up in Farmington and Farmington Hills before Judge Parker on Nov. 14 at 2:00 pm - four tickets were written under state law and city ordinance. More here... Mario went to an informal hearing in Inkster and was found responsible but no fine was given. He also has a court date coming up in Plymouth. August 26, 2003 Bulldog went to Lincoln Park district court - his no-helmet ticket was dismissed. The prosecutor says he will not prosecute no-helmet tickets until the MSP get their act together. Geoff's Lincoln Park ticket was also dismissed after showing the Wayne County Circuit Court decision. August 19, 2003 Ernie's no-helmet ticket in Livonia written under the state law was put off until October 30 at 9:00 am. August 13, 2003 Ernie's no-helmet ticket in Livonia written under the Livonia city ordinance was put off until October 29 at 9:00 am. More here... August 5, 2003 I went to the Livonia Police Dept. today to find out about their City Ordinance on motorcycle helmets. Ernie's formal hearing on 8/13 is for a ticket written under the city ordinance, not the state law. More here... July 18, 2003 Ernie has two formal hearings coming up in Livonia (16th District) - August 13 at 9:00 am and August 19 at 9:00 am. More here... July 10, 2003 Many Wayne County police departments still don't know about the Circuit Court decision. We've developed a method to inform them. Read The Plan. July 8, 2003 Ernie's ticket was dismissed in Westland. More here... May 21, 2003 Ernie got a notice for the Westland ticket. He goes before Judge Bokas for a formal hearing on Tue, July 8 at 10:00 am. More here... May 7, 2003 Ernie's scheduled for an informal hearing in Livonia (16th District) on June 4 at 10:00 am for a no-helmet ticket - he was wearing nothing on his head. Ticket was from 4/4. More here... April 24, 2003 - Ernie's no-helmet ticket was dismissed in Inkster (22nd District) today by Magistrate Bowdich at an informal hearing after Ernie showed him the Wayne County Circuit Court decision. More here... April 18, 2003 - Ernie got a notice in the mail for an informal hearing in Inkster (22nd District) for a no-helmet ticket he got back in May '02. The informal hearing is set for April 24 at 11:00 am. More here... April 17, 2003 - Ernie had a no-helmet ticket dismissed in the city of Wayne. More here... April 16, 2003 - Ernie has a no-helmet ticket set for a formal hearing in Westland. More here... April 4, 2003 - Ernie gets a no-helmet ticket in Livonia. No date yet for the court appearance. More here... March 26, 2003 - Ernie got another ticket in the city of Wayne. More here... February 21, 2003 Snake in Region 5 loses in court because of a previous Circuit court ruling on the west side of the state. More here... January 30, 2003 Wayne County Circuit Court Judge Cynthia Gray Hathaway rules the helmet law unenforceable. She says the MSP did not properly promulgate rules with R28.951 - the MSP must approve helmets and they haven't. See the court's opinion - html version / pdf version.

Links to all the essential information for understanding Michigan's mandatory helmet law. All links leaving this site open in a new window. The information below is for your education only - it's not legal advice because I'm not a lawyer. But I am a citizen.

» Caution

The recent 1/30/03 - Wayne County Circuit Court decision has created some controversy - is the helmet law unenforceable in all of Wayne County or just the city of Wayne? It doesn't matter...

Until the continuing legal questions surrounding the existing helmet law are settled statewide by the courts or the legislature, you still may be pulled over anywhere in Michigan if you choose to challenge the law and ride without a helmet. And ALWAYS be prepared to get a ticket and have to answer it in court.

Remember two of our rules for challenging the helmet law:

• Make sure you're legal: carry a valid driver's license (with a motorcycle endorsement), bike registration, and proof of insurance.
• If you've been drinking, PARK IT.

And do your research. Know what you're talkin' about.

 

» Michigan's mandatory helmet law

MCL 257.658 says: "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, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.315 of the Michigan Compiled Laws." (emphasis added)

When the Michigan legislature says shall, they mean the department of state police must approve helmets.

 

» What's an approved helmet? series

This series of articles takes you through the process of trying to discover what an approved helmet is and how you can comply with the law.

Michigan's mandatory helmet law is a disgrace. It makes absolutely no sense as law. Don't believe me? Read through this series. The links have been left in - you can check through all the sources - and prove me wrong. But you won't.

What's an approved helmet? part 1 Can a reasonable person read Michigan law and figure out what an approved helmet is according to the Michigan State Police? Follow 20+ links for the story of civil disobedience in Michigan and a common sense argument that Michigan's mandatory helmet law is unenforceable.

What's an approved helmet? part 2 Take a close look at MSP rule R28.951 and the Administrative Procedures Act of 1969. Sounds boring but it isn't. The same guy from Part 1 buys a helmet but gets a ticket. Follow, as he prepares to stand before a judge.

What's an approved helmet? part 3 See why the Michigan State Police will never comply with the law and approve helmets and how a Reasonable Person standard applies to Michigan's mandatory helmet law.

 

» Background information

Canton vs. Ernie Berthet Read the Canton 35th District court transcript for Ernie's dismissal on a no-helmet ticket. The formal hearing took place on Dec. 12, 2003 and lasted 32 minutes. Judge Lowe describes the impossibility of determining what an approved helmet is under state law.

Fax from the MSP Spec Operations Div on July 27, 2000 announcing the new Rule R28.951 to all Michigan Law Enforcement Agencies.

FMVSS No. 218 the engineering document which prescribes the testing of helmets. This is what you're supposed to use to determine what an approved hemet is. Can you?

Michigan Helmet Law in Disarray from October 7, 1999 - Press Release from the law offices of Lawrence S. Katkowsky (Katman). The Michigan mandatory helmet law is NOT enforceable, so say District Courts across the state.

Michigan's One Court of Justice for background on the Michigan court system.

MSP Rule R28.951 the July 27, 2000 motorcycle helmet law rule modification from the Michigan State Police which adopts federal standards and FMVSS 2.18.

No list of approved helmets August 30, 2000 email from Sgt. Thad V. Peterson, Traffic Services Section, Special Operations Division, Michigan State Police, saying "All helmets meeting the requirements of the amended administrative rule are approved for use on Michigan roadways. There is no compiled 'list' of approved helmets."

Towing of motorcycles a September 14, 2000 letter from Lt. Colonel Stephen D. Madden, Deputy Director, Uniform Services Bureau, Michigan State Police. He says the MSP "does not condone the towing of motorcycles for helmet violations."

Understanding Head & Neck Trauma (Or, why helmets increase the danger!) by Tony "Pan" Sanfelipo, ABATE of Wisconsin and BOLT.

Wayne County Circuit Court Judge Cynthia Gray Hathaway rules on January 30, 2003, the helmet law is unenforceable. She says the MSP did not properly promulgate rules with R28.951 - the MSP must approve helmets and they haven't.

 

» Research links

Many documents on the internet have been converted to a pdf format. To read these, you'll have to install the Adobe Acrobat Reader. Go here to download a free copy.

Michigan Legislature Search through Michigan Compiled Law, the 1963 State Constitution, House and Senate Bills, and Committee Schedules.

Compliance Testing, Motorcycle Helmets FMVSS 218 National Highway Traffic Safety Administration (NHTSA) web page showing helmets which have passed and failed testing - currently covers 1994-2002 with a total of 775 helmets tested, 281 passed and 494 failed, equaling a 64% failure rate.

Office of Vehicle Safety Compliance, Compliance Testing Program helmet-testing is the sole responsibilty of the manufacturer - "A FMVSS self-certification program exists in the United States. The NHTSA does not certify that vehicles or items of motor vehicle equipment meet the requirements of various FMVSSs or issue 'approval' stickers, labels, certificates, etc." The Test Specimen Procurement section says "Equipment items are selected at random from manufacturing plants, distribution centers or retail stores. This approach is used by OVSC to ensure that the test specimens selected are a true representation of the product which could be purchased by the consumer."

 

» Helmet Law Defense League

Quig at the HLDL comes to the same conclusions as in the "What's an approved helmet?" series but by looking at Federal and State court decisions. Spend some time and look around the HLDL site - many interesting articles.

• No List? No Law! The Theory Explained
• What's a helmet? So, what's a helmet?
• Michigan's Mandatory Helmet Law is right on target. When the MSP decided on July 27, 2000 to formally adopt federal standards which relies on FMVSS 2.18 to define what an approved helmet is, Michigan's helmet law became instantly vague.

 

» Photo & Interest pages

Lansing Helmet Protest Run from June 6, 2001, photos and story of the Westland Police as they tie up Ford Rd. for 40 minutes - 35 bikes and 10 cop cars - and hand out NO tickets for riding without helmets.

Romulus 8 and the Dearborn 13 get tickets from September/October 1999, photos and story.

Civil Disobedience: A viable option for the '90s? an opinion piece from Tony "Pan" Sanfelipo, ABATE of Wisconsin and B.O.L.T.

Who was Fred Hill Anyway? from the May 1995 Michigan Rider. Fred Hill was a hero of civil disobedience. He fought the helmet law in England and died while serving his 31st prison sentence.

 

» Books

Understand the history and philosophy of two civil disobedience / civil rights movements and their leaders.

Gandhi Reader: Source Book of His Life and Writings by Homer A. Jack (Editor)
Hardcover: 532 pages ; Dimensions (in inches): 1.39 x 8.87 x 5.98
Publisher: Lotus Press; ISBN: 0910261172; 1 edition (June 1999)

A Testament of Hope: The Essential Writings and Speeches of Martin Luther King, Jr. by James Melvin Washington (Editor), Martin Luther King Jr.
Paperback: 736 pages ; Dimensions (in inches): 1.93 x 9.18 x 6.16
Publisher: Harper San Francisco; ISBN: 0060646918; Reprint edition (January 1991)

ABATE of Michigan, Inc. :  Region 15 : Wayne County

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Fighting for the Rights of ALL Michigan Motorcyclists since 1976