CHILD-OPERATED ORVS AT EVENTS S.B. 296:
FLOOR SUMMARY
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Senate Bill 296 (as reported without amendment)
Sponsor: Senator Ron Jelinek
Committee: Transportation
CONTENT
The bill would amend Part 811 (Off-Road Recreational Vehicles) of the Natural Resources and Environmental Protection Act to waive the requirement that a child under the age of 16 possess an off-road vehicle (ORV) safety certificate to operate an ORV, and the requirement that a child under the age of 12 not operate a four-wheeled all-terrain vehicle (ATV) unless he or she is at least 10 years old and is on private land owned by a parent or legal guardian of the child, if all the following requirements were met:
-- The child was participating in an organized ORV riding or racing event held on land not owned by the State.
-- The child's parent or legal guardian had given the event organizer written permission for the child to participate in the event.
-- The event organizer had at least $500,000 liability insurance coverage for the event.
-- A physician, physician's assistant, paramedic, or emergency medical technician was present at the site or available on call.
-- The event was at all times under the supervision of adult staff of the event organizer, and a staff member served as a flagger to warn ORV riders if another ORV rider was injured or an ORV was inoperable in the ORV operating area.
-- Fencing or another means of crowd control was used to keep spectators out of the ORV operating area.
-- If the event were on a closed course, dust was controlled in the ORV operating area and the riding surface otherwise was prepared properly.
-- Participants did not use three-wheeled ATVs.
-- Any ATVs used by participants were equipped with a side step bar or comparable safety equipment and with a tether kill switch, and all participants used the tether.
-- Each participant in the event wore a crash helmet, a protective long-sleeved shirt or jacket, long pants, boots, and protective gloves.
-- Any other applicable requirements of Part 811 or rules promulgated under it were met.
The bill would permit the Director of the Department of Natural Resources to promulgate rules to implement these provisions.
MCL 324.81129 Legislative Analyst: Curtis Walker
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Date Completed: 3-5-08 Fiscal Analyst: Jessica Runnels
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb296/0708