SB-1329, As Passed Senate, November 4, 2004
SUBSTITUTE FOR
SENATE BILL NO. 1329
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 82119 (MCL 324.82119), as added by 1995 PA
58.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 82119. A person shall not operate a snowmobile upon a
2 public highway, land used as an airport or street, or on a public
3 or private parking lot not specifically designated for the use of
4 snowmobiles except under the following conditions and
5 circumstances:
6 (a) A snowmobile may be operated on the right-of-way of a
7 public highway, except a limited access highway, if it is
8 operated at the extreme right of the open portion of the
9 right-of-way and with the flow of traffic on the highway.
10 However, a snowmobile may be operated on the right-of-way of a
1 public highway against the flow of traffic if the right-of-way is
2 a snowmobile trail designated by the department in the plan
3 developed pursuant to section 82106(2) and is approved by the
4 state transportation department and the department. Snowmobiles
5 operated on the right-of-way of a public highway, as provided in
6 this subdivision, shall travel single file and shall not be
7 operated abreast except when overtaking and passing another
8 snowmobile. In the absence of a posted snowmobile speed limit, a
9 snowmobile operated on the right-of-way of a public highway, as
10 provided in this subdivision, shall be limited to the speed limit
11 posted on the public highway.
12 (b) A snowmobile may be operated on the right-of-way of a
13 public highway that is a limited access highway if the
14 right-of-way is a snowmobile trail designated by the department
15 in the plan developed pursuant to section 82106(2) and is
16 approved by the state transportation department and the
17 department. A snowmobile shall only be operated on that
18 right-of-way in the manner provided in that plan and within the
19 width of the designated trail.
20 (c) (b) A
snowmobile may be operated on the roadway or
21 shoulder when necessary to cross a bridge or culvert if the
22 snowmobile is brought to a complete stop before entering onto the
23 roadway or shoulder and the driver yields the right-of-way to an
24 approaching vehicle on the highway.
25 (d) (c) In
a court action in this state where competent
26 evidence demonstrates that a vehicle that is permitted to be
27 operated on a highway
pursuant to the Michigan vehicle code, Act
1 No. 300 of the Public
Acts of 1949, being sections 257.1 to
2 257.923 of the
Michigan Compiled Laws, is in a collision 1949 PA
3 300, MCL 257.1 to 257.923, collided with a snowmobile on a
4 roadway, the driver of the snowmobile involved in the collision
5 shall be considered prima facie negligent.
6 (e) (d) A
snowmobile may be operated across a public
7 highway other than a limited access highway, at right angles to
8 the highway, for the purpose of getting from 1 area to another
9 when the operation can be done in safety and another vehicle is
10 not crossing the highway at the same time in the same general
11 area. An operator shall bring his or her snowmobile to a
12 complete stop before proceeding across the public highway and
13 shall yield the right-of-way to all oncoming traffic.
14 (f) (e) Snowmobiles
may be operated on a highway in a
15 county road system that is not normally snowplowed for vehicular
16 traffic and on the plowed right-of-way or shoulder when no
17 right-of-way exists on a snowplowed highway in the county road
18 system, outside the corporate limits of a city or village, that
19 is designated and marked for snowmobile use by the county road
20 commission having jurisdiction. Upon the request of a county
21 road commission that has designated all county roads outside the
22 corporate limits of a city or village for snowmobile use, the
23 state transportation department shall erect at county road
24 commission expense and shall maintain, in accordance with the
25 Michigan manual of uniform traffic control devices standards, the
26 basic snowmobile sign unit together with a supplemental panel
27 stating "permitted on right-of-way or shoulder of all ..........
1 (county name) roads --
-Act 74 of P.A. 1968 MCL 324.82119" at
2 the county line on all state trunk line highways and county
3 roads. A sign erected before the effective date of the 2004
4 amendatory act that amended this section may cite 1968 PA 74
5 instead of citing this section.
6 (g) (f) A
duly constituted law enforcement officer of a
7 local unit of government or the state may authorize use of a
8 snowmobile on a public highway or street within his or her
9 jurisdiction when an emergency occurs and conventional motor
10 vehicles cannot be used for transportation due to snow or other
11 extreme highway conditions.
12 (h) (g) A
snowmobile may be operated on a highway or street
13 for a special event of limited duration conducted according to a
14 prearranged schedule only under permit from the governmental unit
15 having jurisdiction. The event may be conducted on the frozen
16 surface of public waters only under permit from the department.
17 (i) (h) A
city or village by ordinance may designate 1 or
18 more specific public highways or streets within its jurisdiction
19 as egress and ingress routes for the use of snowmobiles. A city
20 or village acting under the authority of this subdivision shall
21 erect and maintain, in accordance with the Michigan manual of
22 uniform traffic control devices standards, a sign unit giving
23 proper notice of the designation.