Motorcycle Dealer Arrested

MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949

257.251c Renting, leasing, or furnishing motorcycle; duties of dealer.

Sec. 251c.

The dealer shall maintain in safe operating condition all motorcycles
rented, leased, or furnished by him. The dealer, his agents, or employees
shall explain the operation of the motorcycle being rented, leased,
or furnished _and if the dealer, his agent, or employee believes the
person to whom the motorcycle is to be rented, leased, or furnished is
not competent to operate the motorcycle with competency to himself and
to the safety of persons or vehicles on public streets and highways,
he *shall* refuse to rent, lease, or furnish the motorcycle._

--
'07 FJR13AW '99 EX250-F13
OMF #7

Posted by Sean_Q_ on July 18, 2008, 12:46 pm

Mark Olson wrote:

> if the dealer, his agent, or employee believes the

> person to whom the motorcycle is to be rented, leased, or furnished is

> not competent to operate the motorcycle with competency to himself and

> to the safety of persons or vehicles on public streets and highways,

> he *shall* refuse to rent, lease, or furnish the motorcycle.

Seems to me the burden of proof is on the DA to show that the employee
had such a belief.

I walked into a motorcycle dealership one day and paid cash for
a brand new Virago 250. I didn't ride it away, it was loaded into
my van. I didn't have to show any ID, so the salesman had no way
of knowing whether I had a motorcycle endorsement on my DL.

Nor did he ask to me demonstrate any riding skill. The Dept of
Motor Vehicles does that, not bike dealers.

SQ

Posted by on July 18, 2008, 5:33 pm

On Fri, 18 Jul 2008 15:25:44 -0600, timeOday

>Point taken. Since we aren't qualified to argue the law, we argue our

>opinions instead, which don't really matter. But to me competent and

>licensed seem like different things.

Any local newspaper or broadcast on any given evening will
confirm that !

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Posted by Beav on July 18, 2008, 6:28 pm

>Top of page:

>"Dennis Thomas is charged with selling a motorcycle used in a fatal

>accident."

>IANAL, so I don't know if sell is the same a furnish.

It is. "Furnish" covers all the possibilities.
Providing/supplying/renting/selling/loaning.

>Either way it is a stupid law. What if I wanted to buy a motorcycle to

>give as a

>gift?

Best ride it yourself:-)

--
Beav

VN 750
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