SB-0296, As Passed Senate, June 10, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 296

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 81129 (MCL 324.81129), as amended by 2003 PA

111.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 81129. (1) Subject to subsections (2), (3), ~~and~~ (17), and

(18), a parent or legal guardian of a child less than 16 years of

age shall not permit the child to operate an ORV unless the child

is under the direct visual supervision of an adult and the child

has in his or her immediate possession an ORV safety certificate

issued pursuant to this part or a comparable ORV safety certificate

issued under the authority of another state or a province of

Canada.

(2) A Subject to subsection (18), a parent or legal guardian

of a child less than 12 years of age shall not permit the child to

operate a 4-wheeled ATV, unless the child is not less than 10 years

of age and is on private land owned by a parent or legal guardian

of the child. This subsection does not apply to the operation of an

ATV used in agricultural operations.

(3) A parent or legal guardian of a child less than 16 years

of age shall not permit the child to operate a 3-wheeled ATV.

(4) Subject to subsections (5), (6), ~~and~~ (17), and (18), the

owner or person in charge of an ORV shall not knowingly permit the

vehicle to be operated by a child less than 16 years of age unless

the child is under the direct visual supervision of an adult and

the child has in his or her immediate possession an ORV safety

certificate issued pursuant to this part or a comparable ORV safety

certificate issued under the authority of another state or a

province of Canada.

(5) ~~The~~ Subject to subsection (18), the owner or person in

charge of a 4-wheeled ATV shall not knowingly permit the vehicle to

be operated by a child less than 12 years of age, unless the child

is not less than 10 years of age and is on private land owned by a

parent or legal guardian of the child. This subsection does not

apply to the operation of an ATV used in agricultural operations.

(6) The owner or person in charge of a 3-wheeled ATV shall not

knowingly permit the vehicle to be operated by a child less than 16

years of age.

(7) The owner or person in charge of an ORV shall not

knowingly permit the vehicle to be operated by a person who is

incompetent to operate the vehicle because of mental or physical

disability except as provided in section 81131.

(8) The department shall implement a comprehensive ORV

information, safety education, and training program that shall

include the training of operators and the preparation and

dissemination of information and safety advice to the public. The

program shall provide for the training of youthful operators and

for the issuance of ORV safety certificates to those who

successfully complete the training provided under the program and

may include separate instruction for each type of ORV.

(9) In implementing a program that is established pursuant to

this section, the department shall cooperate with private

organizations and associations, private and public corporations,

the department of education, the department of state, and local

governmental units. The department shall consult with ORV and

environmental organizations and associations in regard to the

subject matter of a training program and performance testing that

leads to certification of ORV operators.

(10) The department may designate a person it considers

qualified to provide course instruction and to award ORV safety

certificates.

(11) The department may promulgate rules to implement

subsections (8) to (10) and (18).

(12) Subject to subsections (13), (14), ~~and~~ (17), and (18), a

child who is less than 16 years of age may operate an ORV if the

child is under the direct visual supervision of an adult and the

child has in his or her immediate possession an ORV safety

certificate issued pursuant to this section or a comparable ORV

safety certificate issued under the authority of another state or a

province of Canada.

(13) A Subject to subsection (18), a child who is less than 12

years of age shall not operate a 4-wheeled ATV, unless the child is

not less than 10 years of age and is on private land owned by a

parent or legal guardian of the child. This subsection does not

apply to the operation of an ATV used in agricultural operations.

(14) A child who is less than 16 years of age shall not

operate a 3-wheeled ATV.

(15) ~~When~~ Subject to subsection (18), when operating an ORV

under subsection (12), a child shall present the ORV safety

certificate to a peace officer upon demand.

(16) Notwithstanding any other provision of this section, an

operator who is less than 12 years of age shall not cross a highway

or street. An operator who is not less than 12 years of age but

less than 16 years of age may cross a highway or street or operate

on the right-of-way or shoulder of designated access routes

pursuant to section 81131 if the operator has a valid ORV safety

certificate in his or her immediate possession and meets any other

requirements under this section for operation of the vehicle.

(17) The requirement of possession or presentation of an ORV

safety certificate under this section does not apply until

implementation of the program for the vehicle proposed to be

operated required by subsection (8).

(18) The requirement that a child possess an ORV safety

certificate to operate an ORV, and the requirement that a child who

is less than 12 years of age not operate a 4-wheeled ATV unless the

child is not less than 10 years of age and is on private land owned

by a parent or legal guardian of the child, do not apply if all of

the following requirements are met:

(a) The child is participating in an organized ORV riding or

racing event held on land not owned by this state.

(b) The child's parent or legal guardian has provided the

event organizer with written permission for the child to

participate in the event.

liability insurance coverage for the event.

(d) A physician or physician's assistant licensed or otherwise

authorized under part 170 or 175 of the public health code, 1978 PA

368, MCL 333.17001 to 333.17084 and 333.17501 to 333.17556, or a

paramedic or emergency medical technician licensed under part 209

of the public health code, 1978 PA 368, MCL 333.20901 to 333.20979,

is present at the site of the event or available on call.

(e) The event is at all times under the direct visual

supervision of adult staff of the event organizer and a staff

member serves as a flagger to warn ORV riders if another ORV rider

is injured or an ORV is inoperable in the ORV operating area.

(f) Fencing or another means of crowd control is used to keep

spectators out of the ORV operating area.

(g) If the event is on a closed course, dust is controlled in

the ORV operating area and the riding surface in the ORV operating

area is otherwise properly prepared.

(h) Three-wheeled ATVs are not used by participants.

Senate Bill No. 296 (H-1) as amended June 3, 2008

(i) Any ATVs used by participants are equipped with a side

step bar or comparable safety equipment and with a tether kill

switch, and the tether is used by all participants.

(j) Each participant in the event wears a crash helmet

approved by the United States department of transportation, a

protective long-sleeved shirt or jacket, long pants, boots, and

protective gloves.

(k) Any other applicable requirements of this part or rules

promulgated under this part are met.

[(19) IF A CHILD LESS THAN 16 YEARS OF AGE PARTICIPATES AND IS

INJURED IN AN ORGANIZED ORV RIDING OR RACING EVENT, THE ORGANIZER OF THE EVENT SHALL, WITHIN 30 DAYS AFTER THE EVENT, SUBMIT TO THE DEPARTMENT A REPORT ON A FORM DEVELOPED BY THE DEPARTMENT. THE REPORT SHALL INCLUDE ALL OF THE FOLLOWING, AS APPLICABLE:

(A) WHETHER ANY PARTICIPANT LESS THAN 16 YEARS OF AGE WAS KILLED OR SUFFERED AN INJURY RESULTING IN TRANSPORTATION TO A HOSPITAL AS A RESULT OF AN ORV ACCIDENT AT THE EVENT.

(B) THE AGE OF THE CHILD.

(C) WHETHER THE CHILD HAD BEEN ISSUED AN ORV SAFETY CERTIFICATE UNDER THIS PART OR A COMPARABLE ORV SAFETY CERTIFICATE ISSUED UNDER THE AUTHORITY OF ANOTHER STATE OR THE PROVINCE OF CANADA.

(D) THE TYPE OF ORV OPERATED.

(E) A DESCRIPTION OF THE ACCIDENT AND INJURY.

(20) BY DECEMBER 31 OF EACH YEAR, THE DEPARTMENT SHALL SUBMIT TO THE LEGISLATURE A REPORT THAT SUMMARIZES REPORTS RECEIVED UNDER SUBSECTION (19) DURING THE PRECEDING CALENDAR YEAR. IN THE REPORT, THE DEPARTMENT MAY RECOMMEND AMENDMENTS TO THIS PART TO IMPROVE THE SAFETY OF CHILDREN LESS THAN 16 YEARS OF AGE PARTICIPATING IN ORGANIZED ORV RIDING OR RACING EVENTS.]