March 1, 2007, Introduced by Senator JELINEK and referred to the Committee on Transportation.
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.
(c) The event organizer has not less than $500,000.00
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 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.
(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.