Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
State  
2. Bureau:  
Other Business Services  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Motorcycle Safety Education  
5. Rule numbers or rule set range of numbers:  
R 257.1701-257.1727  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Krystal Howard  
Email of person filling out RFR:  
HowardK21@michigan.gov  
Phone number of person filling out RFR:  
248-388-1947  
Address of person filling out RFR:  
430 W. Allegan St. Lansing, MI - Richard H. Austin Building  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The purpose is to apply guidelines to approved programs offering motorcycle safety education  
courses within the State of Michigan and to establish updated administrative rules governing  
motorcycle safety education programs under the Department of State, ensuring clear enforcement  
authority, modernized program standards, and alignment with current statutory responsibilities.  
8. Please cite the specific promulgation authority for the rules (i.e., department director,  
commission, board, etc.).  
Act No. 300 of the Public Acts of 1949. The Secretary of State is the promulgating authority for these  
rules pursuant to the Michigan Vehicle Code, 1949 PA 300, as amended, including MCL 257.811a  
and MCL 257.811b, which authorizes the Secretary of State to administer and regulate the  
motorcycle safety education program and to promulgate rules necessary to implement and administer  
the program.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
Yes, MCL 257.811a, MCL 257.811b, and MCL 257.312b mandate rule promulgation.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so,  
please explain.  
Yes. MCL 257.811a, MCL 257.811b, and MCL 257.312b mandate rule promulgation.  
MCL 24.239  
RFR-Page 2  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
The proposed rules do not conflict with state or federal standards. The rules clarify administration of  
the motorcycle safety education program under the Secretary of State consistent with the Michigan  
Vehicle Code and align operational oversight with statutory authority. The current rules conflict with  
present program administration, as they remain promulgated under the Department of Education  
while the program is administered and enforced by the Department of State, creating jurisdictional  
and enforcement authority mismatch. There is not duplication at this time.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
Yes. Certain operational procedures are addressed through Department of State instructional  
materials and program guidance; however, the proposed rules establish enforceable regulatory  
requirements under statutory authority and are not duplicative of internal guidance. Portions are  
addressed through Act No. 300 of the Public Acts of 1949, existing Motorcycle Safety Admin Rules,  
and Department of State operational guidance.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed for  
the current year?  
No  
12. Will the proposed rules be promulgated under Section 44 of the administrative procedures act  
of 1969, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The rules do not exceed comparable standards; they modernize and clarify Michigan-specific  
program administration, compliance and enforcement authority.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
No, not at this time.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules and  
the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
The rules were last evaluated in 1989. Since that time, program administration, instructional  
standards, technology, funding mechanisms, and enforcement practices have significantly changed.  
That is why an update is past due and necessary.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
No. Changes demonstrate the continued need for updated and clarified rules to enforce and ensure  
the safety of motorcyclists statewide.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient policy and legal  
bases for approving the RFR. The RFR satisfies the requirements of the administrative procedures act of  
1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive Reorganization Order No. 2019-1, MCL 324.99923.  
MCL 24.239  
;