.png?opt=5 "The Motorcycle Lawyer - Motorcycle Accident Injury Cases"){kind=logo}
Jason Waechter is
The Motorcycle LawyerSM
The First Call If You Fall Is
Pop Quiz: Midwest Motorcycle Rules
As Seen in Midwest Motorcyclist Magazine
Wait… is summer over already? With back-to-school on many people's minds, it seemed fitting to provide a little "pop quiz" on motorcycle-specific laws in the Midwest states.
Q: In which Midwest states are motorcyclists required to wear a crash helmet?
A: In general, Midwest states are pretty consistent when it comes to helmet legislation; Indiana, Kansas, Minnesota, North Dakota, Ohio, South Dakota, and Wisconsin all require riders under the age of 18 to wear a crash helmet. Helmets are optional for riders 18 and older, provided they meet certain criteria which vary by state. In Michigan, helmets are optional for riders aged 21 and up. Neither Illinois nor Iowa have motorcycle helmet laws on the books, and both Nebraska and Missouri* require all motorcyclists and passengers to wear a helmet at all times.
In North Dakota, if the motorcycle operator is required to wear a helmet (based on age), then any passenger(s) must also wear a crash helmet, regardless of age.
*Missouri's universal helmet law could change in the not-too-distant future. Earlier this year, a Bill (HB 1464) was passed by the house that would amend Missouri's universal helmet law, making it similar to Michigan's: riders aged 21 and older could forego wearing a crash helmet, provided they meet certain criteria: the operator must have held a valid motorcycle endorsement for at least two years, or got their endorsement by completing a certified rider training program, and the operator must be carry a minimum amount of supplementary medical or health insurance; in Michigan, riders who want to ride without a helmet must have at least $20,000 in first-party medical benefits.
Q: Some Midwest states require motorcyclists to wear eye protection… Do you know which ones?
A: In Illinois, Kansas, Michigan, Missouri, South Dakota, Ohio, and Wisconsin, eye protection is mandatory unless the motorcycle is equipped with a wind screen that protects the operator's eyes and face. Eye protection is required for passengers in some states as well, including Wisconsin and Ohio. You might be surprised to learn that eye protection is not required for motorcyclists in Iowa, Nebraska, or North Dakota.
In South Dakota, motorcyclists may not wear tinted eye protection when vehicle headlights are required to be on, prohibiting bikers from wearing their sunglasses at night.
Q: Which Midwest states regulate noise?
A: Generally, Midwest states don't love loud bikes. Michigan, Ohio, and Minnesota have set decibel limits for motorcycles: in Michigan and Ohio, a motorcycle cannot be louder than 86 dB on roads with a speed limit of 35mph or higher, or 82 dB on roads with a speed limit up to 35mph, as heard from 50 feet away. Minnesota's law is similar, and allows for a range of 85-95 dB depending upon the speed of the road, as heard from 30 feet. A few states don't provide any noise guidelines for motorcycles, while most, like Nebraska, South Dakota, and Indiana, require a working muffler that prevents "excessive and unusual noise" and smoke.
Q: Are so-called "ape hangers" regulated in any Midwest states?
A: Three Midwest states - Iowa, Kansas, and Minnesota - do not regulate handlebar height. Some states limit handlebar height to shoulder-height or lower: Illinois, North Dakota, and South Dakota. In Ohio, handlebar height is limited to a maximum of 15" above the seat, or not higher than shoulder height. Indiana, Michigan, and Missouri limit handlebars to 15" above the seat, while Nebraska limits handlebar height to 15" above the mounting point of the handlebars themselves. Wisconsin law allows handlebars to be a maximum of 30" above the seat.
Q: What are the age limits for motorcycle passengers in the Midwest?
A: Trick question! None of the Midwest states has set a minimum age requirement for motorcycle passengers. However, all twelve Midwest states require that motorcycle operators carry only the number of passengers the bike is designed to carry, and that each passenger has a seat and foot rest. Instead of a minimum age, motorcycle passengers are subject to a minimum height requirement: they must be able to comfortably reach foot rests or pegs when seated in the passenger seat.
Q: Do any Midwest states allow motorcyclists to go on a red light?
A: Most motorcyclists get "stuck" at a red light at some point, because their bike can't trigger the light's sensors. So, some Midwest states have "safe on red" laws in place for motorcyclists and bicyclists. In Illinois, for example, a motorcyclist and bicyclist stuck at a red light that does not change for 120 seconds or more to proceed through the intersection, provided that it is safe to do so and they would not impede right-of-way traffic (625 ILCS 5/11-306). (As an attorney, I cannot recommend running a red light and then trying to use the safe-on-red law as a defense.)
Did you know all the answers? If not, or if you'd like to learn more about these and other motorcycle laws, visit our website at www.TheMotorcycleLawyer.com. Find us on Facebook (Facebook.com/TheMotorcycleLawyer) to stay up to date on motorcycle news and laws in your area, as well as to access a variety of motorcycle awareness materials, funny motorcycle memes and jokes, and other motorcycle content.
Remember, there is no way to cover every law in a single article, nor is it possible for one article to explain the different applications and nuances of motorcycle laws; every case is different, and laws are changing all the time. If you or a loved one has been hurt in a motorcycle crash, call me as soon as possible at 1-877-BIKER LAW to discuss your situation.
Source(s):
www.ksrevenue.org/vehicle.html
Attorney Jason A. Waechter is a national attorney specializing in the areas of motorcycle and motor vehicle injury litigation. Mr. Waechter has collected millions of dollars in settlements, awards and verdicts for his motorcycle clients over the past 20 years. Jason feels a duty to give back to his community. A portion of each case settled goes to educational resources for bikers, funds to help bikers while their cases are being litigated and our motorcycle accident prevention campaign. Call Attorney Jason Waechter toll free at 1-877-BIKER LAW. Or visit www.TheMotorcycleLawyer.com
