May 12, 2010, Introduced by Reps. Wayne Schmidt, Booher, Lori, Kurtz and Daley 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 and 81130 (MCL 324.81129 and 324.81130),
section 81129 as amended by 2008 PA 240 and section 81130 as
amended by 2004 PA 587.
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 OHV unless
the
child is under the direct visual supervision of an adult and the
child
has in his or her immediate possession an ORV OHV safety
certificate
issued pursuant to this part or a comparable ORV OHV
safety certificate issued under the authority of another state or a
province of Canada.
(2)
Subject to subsection (18) (17), 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 OHV
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 OHV
safety
certificate issued pursuant to this part or a comparable ORV
OHV safety certificate issued under the authority of another state
or a province of Canada.
(5)
Subject to subsection (18) (17), 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 OHV 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 OHV
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 OHV safety certificates to those who
successfully complete the training provided under the program and
may
shall include separate instruction for each type of ORV
OHV.
(9) In implementing a program 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 OHV and environmental
organizations and associations in regard to the subject matter of a
training program and performance testing that leads to
certification
of ORV OHV operators.
(10)
The department may designate a person it considers
qualified
to provide course instruction and to award ORV safety
certificates.
The department shall
establish a program to regulate
the licensure and operations of OHV safety instructors. The program
shall, at a minimum, establish basic experience, training, and
fitness requirements for instructors. The department shall limit
the fees charged by OHV safety training instructors to not more
than $20.00 per student. The department may allow an OHV safety
instructor to charge additional fees for hands-on instruction to be
paid by the student as determined appropriate by the department.
The department shall prohibit the imposition of any additional fees
by safety training instructors other than as provided for in this
subsection. The department shall authorize OHV safety instructors
to issue OHV safety certificates in a form and manner determined
appropriate by the department.
(11) The department may promulgate rules to implement
subsections
(8) to (10) and (18) (17).
(12)
Subject to subsections (13), (14), and
(17), and (18), a
child
who is less than 16 years of age shall not operate an ORV OHV
unless the child is under the direct visual supervision of an adult
and
the child has in his or her immediate possession an ORV OHV
safety certificate issued pursuant to this section or a comparable
ORV
OHV safety certificate issued under the authority of
another
state or a province of Canada.
(13)
Subject to subsection (18) (17), 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)
Subject to subsection (18) (17), when operating an ORV
OHV, a child who is less than 16 years of age shall
present the ORV
OHV 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 roads and streets on which ORV
OHV use is authorized pursuant to section 81131(2), (3), or (5) if
the
operator has a valid ORV OHV
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).
(17) (18)
The requirement that a child
possess an ORV OHV
safety
certificate to operate an ORV OHV, 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 OHV 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 direct visual
supervision of adult staff of the event organizer and a staff
member
serves as a flagger to warn ORV OHV
riders if another ORV
OHV
rider is injured or an ORV OHV is
inoperable in the ORV OHV
operating area.
(f) Fencing or another means of crowd control is used to keep
spectators
out of the ORV OHV operating area.
(g) If the event is on a closed course, dust is controlled in
the
ORV OHV operating area and the riding surface in the ORV OHV
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.
(18) (19)
If a child less than 16 years of
age participates
and
is injured in an organized ORV OHV
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 OHV accident at the event.
(b) The age of the child.
(c)
Whether the child had been issued an ORV OHV safety
certificate
under this part or a comparable ORV OHV safety
certificate issued under the authority of another state or a
province of Canada.
(d)
The type of ORV OHV operated.
(e) A description of the accident and injury.
(19) (20)
By December 31 of each year, the
department shall
submit to the legislature a report that summarizes reports received
under
subsection (19) (18) 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 OHV riding or racing events.
(20) (21)
The requirements of this section
are in addition to
any applicable requirements of section 81131(9).
Sec. 81130. (1) A person who is under 16 years of age, before
operating
an ATV or ORV OHV, shall complete an ORV OHV safety
education course approved by the department. This course may
include a written examination and a driving test designed to test
the competency of the applicant. The fee for classroom instruction
for the safety education course shall not exceed $20.00 for each
student. A parent or legal guardian of a person less than 16 years
of age may attend free of charge unless the parent or legal
guardian is attending for purposes of receiving an OHV safety
certificate. Upon successful completion of this safety education
course,
a person shall receive an ORV OHV
safety certificate.
(2)
A safety education course conducted by a college or
university,
an intermediate school district, a local school
district,
a law enforcement agency, or another governmental agency
located
in this state or by a department approved nonprofit service
organization
shall be conducted in compliance with this section. An
agency
or a school conducting a course under this subsection may
apply
to the department for a grant from the off-road vehicle
account
for costs associated with conducting a course.
(3)
Except for a course conducted by a private business
enterprise
as provided by subsection (4), an applicant for a safety
education
course under this section shall pay not more than a
$25.00
course fee or in the case of a university or community
college
a fee not more than the cost of 1 credit hour of
instruction.
The course fees shall only be used for funding the
administration
and implementation of the course.
(4)
An ATV or ORV, or both, safety education course required
by
this section and approved by the department may be conducted by
a
private business enterprise. A private business enterprise may
charge
a course fee not to exceed the cost of conducting the
course.
(5)
The director shall designate a person to be the state
coordinator
of the ATV and ORV safety education program. A person
designated
under this subsection shall have successfully completed
ATV
and ORV safety courses.
(6)
The director shall designate a person who has successfully
completed
ATV and ORV safety courses to perform annual inspections
of
course sites.
(2) The department shall establish an OHV safety training
academy within 90 days after the effective date of the amendatory
act that added this subsection. The department shall appoint a
chief OHV training instructor for the academy. An individual who
becomes an OHV instructor after the effective date of the
amendatory act that added this subsection shall successfully
complete a course of instruction at the OHV safety training academy
before being certified as an OHV instructor. The course of
instruction at the OHV safety training academy shall include all
training required under a nationally recognized OHV safety training
course. The OHV safety training academy shall not charge a fee for
instructor training.
(3) An individual who is an OHV instructor on the effective
date of the amendatory act that added this subsection shall
complete the instructor training required under subsection (2)
within 2 years after the effective date of the amendatory act that
added this subsection.
(4) All of the following apply to an OHV instructor program
offered by the OHV safety training academy under subsections (1)
and (2):
(a) An individual seeking certification as an OHV instructor
shall submit to a criminal background check before admission to the
OHV safety training academy.
(b) The class size at the OHV safety training academy shall be
limited to not more than 30 students for each instructor.
(c) The department shall provide instructor manuals that
highlight the material to be covered in the classroom. The
department shall meet annually with OHV user groups to update the
training material to the most current and suitable methods. A
section of the OHV instructor manual shall be devoted to the
responsible use of an OHV and shall be updated as considered
necessary by the department.
(5) The department shall develop and implement an OHV training
program that includes actual operation of OHVs as part of the
training curriculum within 2 years after the effective date of the
amendatory act that added this subsection. All programs conducted
by certified instructors for the motorcycle safety foundation, the
safety vehicle institute of America, the united four wheel drive
association, and the recreational off-highway vehicle association
shall be recognized during the interim period.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No.____ (request no.
04595'10).
(b) Senate Bill No.____ or House Bill No.____ (request no.
06837'10).
(c) Senate Bill No.____ or House Bill No.____ (request no.
06839'10).