February 27, 2007, Introduced by Reps. Sheltrown, Moolenaar, Lindberg, Casperson, Palsrok, Booher, Walker, Elsenheimer, Lahti, Hansen, Moore, Espinoza, Gillard, McDowell, Meekhof, Pavlov, Hammon, Shaffer, Spade, Polidori, Stakoe, Gaffney, Lemmons, Gonzales, Bauer, Brown, Farrah, Cushingberry, Angerer, Ebli, LeBlanc, Hood, Alma Smith, Emmons, Nitz, Huizenga, Pearce, Calley, Ward, Proos, Mayes, Clemente, Ball, Horn and Cheeks and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 81129, 81131, and 81133 (MCL 324.81129,
324.81131, and 324.81133), section 81129 as amended by 2003 PA 111,
section 81131 as added by 1995 PA 58, and section 81133 as amended
by 1998 PA 86.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 81129. (1) Subject to subsections (2), (3), and (17), 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 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), 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 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 under subsection (8), 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).
(12) Subject to subsections (13), (14), and (17), 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 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 operating an ORV, under subsection (12), a child who
is less than 16 years of age 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 streets
and
roads on which ORV use is authorized pursuant
to section 81131
81131(2) or (4) 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).
Sec.
81131. (1) A local unit of government may pass an
ordinance
establishing access routes along streets and highways
under
its jurisdiction, if those access routes do not involve state
or
federal highways, and if they meet the requirements of the plan
developed
pursuant to section 81127. If necessary, consent of a
state
or federal land management agency shall be obtained for the
location
of the route.
(1) (2)
A municipality may pass an
ordinance allowing a
permanently disabled person to operate an ORV in that municipality.
(2) The county board of commissioners of a county lying north
of the south line of township 12 north may adopt an ordinance
authorizing the operation of ORVs on the right-of-way of public
streets and roads located within the county.
(3) If a county adopts an ordinance under subsection (2), the
board of county road commissioners may close a street or road
right-of-way to the operation of ORVs to protect the environment or
if the operation of ORVs on the road right-of-way poses a
particular and demonstrable threat to public safety. A county road
commission shall not under this subsection close more than 30% of
the linear miles of streets or roads located within the county to
the operation of ORVs on the right-of-way.
(4) A county board of commissioners may by resolution
authorize a municipality within the county to adopt an ordinance
exercising the powers of a county under subsections (2) and (3)
with respect to roads and streets located within that municipality.
(5) If a county or municipality adopts an ordinance pursuant
to subsection (2) or (4), respectively, a person may operate an ORV
with the flow of traffic on the extreme right side of a street or
road right-of-way, whether or not the ORV is licensed under section
81115. A person shall not operate an ORV pursuant to subsection (2)
or (4) during the period beginning 30 minutes after sunset and
ending 30 minutes before sunrise, when visibility is substantially
reduced due to weather conditions, or in a manner that interferes
with traffic on the street or road. A person shall not operate an
ORV pursuant to subsection (2) or (4) at a speed greater than 25
miles per hour or a lower posted ORV speed limit. ORVs operated on
a street or road right-of-way pursuant to subsection (2) or (4)
shall travel single file, except that an ORV may travel abreast of
another ORV when it is overtaking and passing, or being overtaken
and passed by, another ORV. Beginning January 1, 2010, a person
shall not operate an ORV pursuant to subsection (2) or (4) without
displaying a lighted headlight and lighted taillight.
(6) A person under 18 years of age shall not operate an ORV
pursuant to subsection (2) or (4) unless he or she is in possession
of a valid driver's license or under the direct supervision of a
parent or guardian.
(7) (3)
A board of county road commissioners, a county board
of
commissioners, and a local unit of government do or a
municipality
does not have a duty to maintain a highway
road under
their
respective jurisdictions its jurisdiction
in a condition
reasonably safe and convenient for the operation of ORVs, except
the following ORVs:
(a) ORVs registered as motor vehicles as provided in the code.
(b)
ORVs permitted by an ordinance as provided in subsection
(2)
(1).
(8) (4)
Beginning October 19, 1993, a board of county road
commissioners, a county board of commissioners, and a county are,
and, beginning on April 25, 1995, a municipality is, immune from
tort liability for injuries or damages sustained by any person
arising in any way out of the operation or use of an ORV on
maintained
or unmaintained highways roads,
streets, shoulders, and
rights-of-way over which the board of county road commissioners,
the county board of commissioners, or the local unit of government
has jurisdiction. The immunity provided by this subsection does not
apply
to actions that constitute gross negligence. Gross negligence
is
defined as As used in this
subsection, "gross negligence" means
conduct so reckless as to demonstrate a substantial lack of concern
for whether an injury results.
(9) In a court action in this state, if competent evidence
demonstrates that a vehicle that is permitted to operate on a
street or road pursuant to the code was in a collision with an ORV
operated on the right-of-way pursuant to an ordinance adopted under
this section, the operator of the ORV shall be considered prima
facie negligent.
(10) A violation of an ordinance described in this section is
a municipal civil infraction. The ordinance may provide for a
maximum fine of not more than $500.00 for a violation of the
ordinance. In addition, the court shall order the defendant to pay
the cost of repairing any damage to the environment, a street or
road, or public property damaged as a result of the violation.
(11) The treasurer of the local unit of government shall
deposit fines and damages collected under subsection (10) into a
fund to be designated as the "ORV fund". The legislative body of
the local unit of government shall appropriate revenue in the ORV
fund as follows:
(a) Fifty percent to the county sheriff or police department
responsible for law enforcement in the local unit of government for
ORV enforcement and training.
(b) Fifty percent to the board of county road commissioners
or, in the case of a city or village, to the department responsible
for street maintenance in the city or village, for repairing damage
to streets or roads and the environment caused by ORVs and for
posting ORV speed limits.
Sec. 81133. A person shall not operate an ORV:
(a) At a rate of speed greater than is reasonable and proper,
or in a careless manner having due regard for conditions then
existing.
(b) Unless the person and any passenger in or on the vehicle
is wearing on his or her head a crash helmet and protective eyewear
approved by the United States department of transportation. This
subdivision does not apply if the vehicle is equipped with a roof
that meets or exceeds standards for a crash helmet and the operator
and each passenger is wearing a properly adjusted and fastened
safety belt.
(c) During the hours of 1/2 hour after sunset to 1/2 hour
before sunrise without displaying a lighted headlight and lighted
taillight.
(d) Unless equipped with a braking system that may be operated
by hand or foot, capable of producing deceleration at 14 feet per
second on level ground at a speed of 20 miles per hour; a brake
light, brighter than the taillight, visible when the brake is
activated to the rear of the vehicle when the vehicle is operated
during the hours of 1/2 hour after sunset and 1/2 hour before
sunrise; and a throttle so designed that when the pressure used to
advance the throttle is removed, the engine speed will immediately
and automatically return to idle.
(e) In a state game area or state park or recreation area,
except on roads, trails, or areas designated for this purpose; on
state owned lands under the control of the department other than
game areas, state parks, or recreational areas where the operation
would be in violation of rules promulgated by the department; in a
forest nursery or planting area; on public lands posted or
reasonably identifiable as an area of forest reproduction, and when
growing stock may be damaged; in a dedicated natural area of the
department; or in any area in such a manner as to create an erosive
condition, or to injure, damage, or destroy trees or growing crops.
However, the department may permit an owner and guests of the owner
to use an ORV within the boundaries of a state forest in order to
access the owner's property.
(f) On the frozen surface of public waters within 100 feet of
a person not in or upon a vehicle, or within 100 feet of a fishing
shanty or shelter or an area that is cleared of snow for skating
purposes, except at the minimum speed required to maintain
controlled forward movement of the vehicle, or as may be authorized
by permit in special events.
(g) Unless the vehicle is equipped with a spark arrester type
United States forest service approved muffler, in good working
order and in constant operation. Exhaust noise emission shall not
exceed 86 Db(A) or 82 Db(A) on a vehicle manufactured after January
1, 1986, when the vehicle is under full throttle, traveling in
second gear, and measured 50 feet at right angles from the vehicle
path
with a sound level meter which that
meets the requirement of
ANSI S1.4 1983, using procedure and ancillary equipment therein
described; or 99 Db(A) or 94 Db(A) on a vehicle manufactured after
January 1, 1986, or that level comparable to the current sound
level as provided for by the United States environmental protection
agency when tested according to the provisions of the current SAE
J1287, June 86 test procedure for exhaust levels of stationary
motorcycles, using sound level meters and ancillary equipment
therein described. A vehicle subject to this part, manufactured or
assembled after December 31, 1972 and used, sold, or offered for
sale in this state, shall conform to the noise emission levels
established by the United States environmental protection agency
under
the noise control act of 1972, Public Law 92-574, 86 Stat.
1234
42 USC 4901 to 4918.
(h) Within 100 feet of a dwelling at a speed greater than the
minimum required to maintain controlled forward movement of the
vehicle, except on property owned or under the operator's control
or on which the operator is an invited guest, or on a roadway,
forest road, or forest trail maintained by or under the
jurisdiction
of the department, or on an ORV access route as
authorized
by local ordinance a street
or road on which ORV use is
authorized pursuant to section 81131(2) or (4).
(i) In or upon the lands of another without the written
consent of the owner, the owner's agent, or a lessee, when required
by part 731. The operator of the vehicle is liable for damage to
private property, including, but not limited to, damage to trees,
shrubs,
or growing crops, or injury to other living creatures, or
damage caused through vehicle operation in a manner so as to create
erosive
or other ecological damage. to private property. The owner
of the private property may recover from the person responsible
nominal damages of not less than the amount of damage or injury.
Failure to post private property or fence or otherwise enclose in a
manner to exclude intruders or of the private property owner or
other authorized person to personally communicate against trespass
does not imply consent to ORV use.
(j) In an area on which public hunting is permitted during the
regular November firearm deer season from 7 a.m. to 11 a.m. and
from 2 p.m. to 5 p.m., except during an emergency or for law
enforcement purposes, to go to and from a permanent residence or a
hunting camp otherwise inaccessible by a conventional wheeled
vehicle,
to remove from public land a deer, elk, or bear from
public
land which that has been taken under a valid license; or
except for the conduct of necessary work functions involving land
and timber survey, communication and transmission line patrol, and
timber harvest operations; or except on property owned or under
control of the operator or on which the operator is an invited
guest.
A hunter removing game pursuant to this subdivision shall be
allowed
to may leave the designated trail or forest road only to
retrieve the game and shall not exceed 5 miles per hour. A vehicle
registered under the code is exempt from this subdivision while
operating on a public highway or public or private road capable of
sustaining automobile traffic. A person holding a valid permit to
hunt from a standing vehicle issued pursuant to part 401, or a
person with disabilities using an ORV to access public lands for
purposes of hunting or fishing through use of a designated trail or
forest road, is exempt from this subdivision.
(k) While transporting on the vehicle a bow unless unstrung or
encased, or a firearm unless unloaded and securely encased, or
equipped with and made inoperative by a manufactured keylocked
trigger housing mechanism.
(l) On or across a cemetery or burial ground, or land used as
an airport.
(m) Within 100 feet of a slide, ski, or skating area, unless
the vehicle is being used for the purpose of servicing the area or
is being operated pursuant to section 81131(2) or (4).
(n) On an operating or nonabandoned railroad or railroad
right-of-way, or public utility right-of-way, other than for the
purpose of crossing at a clearly established site intended for
vehicular traffic, except railroad, public utility, or law
enforcement personnel while in performance of their duties, and
except
if the right-of-way is designated as established provided
for in section 81127.
(o) In or upon the waters of any stream, river, bog, wetland,
swamp, marsh, or quagmire except over a bridge, culvert, or similar
structure.
(p) To hunt, pursue, worry, kill, or attempt to hunt, pursue,
worry,
or kill a bird or an animal, whether
wild or domesticated.
(q) In a manner so as to leave behind litter or other debris.
(r) In a manner contrary to operating regulations on public
lands.
(s) While transporting or possessing, in or on the vehicle,
alcoholic liquor in a container that is open or uncapped or upon
which the seal is broken, except under either of the following
circumstances:
(i) The container is in a trunk or compartment separate from
the passenger compartment of the vehicle.
(ii) If the vehicle does not have a trunk or compartment
separate from the passenger compartment, the container is encased
or enclosed.
(t) While transporting any passenger in or upon an ORV unless
the manufacturing standards for the vehicle make provisions for
transporting passengers.
(u) On adjacent private land, in an area zoned residential,
within 300 feet of a dwelling at a speed greater than the minimum
required to maintain controlled forward movement of the vehicle
except on a roadway, forest road, or forest trail maintained by or
under
the jurisdiction of the department, or on an ORV access route
as
authorized by local ordinance a
street or road on which ORV use
is authorized pursuant to section 81131(2) or (4).