December 11, 2013, Introduced by Reps. Rendon, Bumstead, Kivela, Daley, Goike, Potvin, Kurtz, Pettalia, Outman, Kelly, Muxlow, Johnson, Yonker, Pagel, Lauwers, Dianda, Jenkins, Graves, Denby, Victory, Glardon, Crawford, Genetski, Hooker, Franz, McBroom, Lyons, Foster, Smiley, Brunner, Schmidt, LaVoy, Lori, Kosowski, Zorn, Haveman, Cotter, Santana, MacGregor, Somerville, VerHeulen, Jacobsen, MacMaster, Pscholka, Kowall, Forlini, Leonard, Shirkey, McMillin, Rogers, Callton and Howrylak and referred to the Committee on Tourism.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 81133 and 81147 (MCL 324.81133 and 324.81147),
as amended by 2013 PA 119.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 81133. (1) An individual 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 individual 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 to either of the following:
(i) The operator of or a passenger in a vehicle that
is
equipped
with a roof that meets or exceeds standards for a crash
helmet
if the operator and each passenger is wearing a properly
adjusted
and fastened safety belt.
(ii) The operator of or a passenger in an ORV that is
operated
on
a state licensed game bird hunting preserve at a speed of not
greater
than 10 miles per hour.
(b) (c)
During the hours of 1/2 hour after
sunset to 1/2 hour
before sunrise without displaying a lighted headlight and lighted
taillight. The requirements of this subdivision are in addition to
any applicable requirements of section 81131(12).
(c) (d)
Unless the vehicle is 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
from behind the vehicle when the brake is activated, if 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.
(d) (e)
In a state game area or state park
or recreation area,
except on roads, trails, or areas designated for this purpose; on
other state-owned lands under the control of the department 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.
(e) (f)
On the frozen surface of public
waters within 100 feet
of an individual 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.
(f) (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 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, 42 USC 4901 to 4918.
(g) (h)
Within 100 feet of a dwelling at a
speed greater than
the minimum required to maintain controlled forward movement of the
vehicle, except under any of the following circumstances:
(i) On property owned by or under the operator's control or on
which the operator is an invited guest.
(ii) On a forest road or forest trail if the forest road or
forest trail is maintained by or under the jurisdiction of the
department.
(iii) On a street, county road, or highway on which ORV use is
authorized pursuant to section 81131(2), (3), (5), or (6).
(h) (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 caused by operation of the vehicle, including, but
not limited to, damage to trees, shrubs, or growing crops, injury
to other living creatures, or erosive or other ecological damage.
The owner of the private property may recover from the individual
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.
(i) (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, or to remove from public land a deer, elk, or bear that
has been taken under a valid license; except to conduct necessary
work functions involving land and timber survey, communication and
transmission line patrol, or 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 under this
subdivision 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 private road capable of sustaining automobile
traffic or a street, county road, or highway. A person holding a
valid permit to hunt from a standing vehicle issued under part 401,
or a person with a disability 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. An
individual holding a valid permit to hunt from a standing vehicle
issued under part 401, or a person with a disability using an ORV
to access public lands for purposes of hunting or fishing, may
display a flag, the color of which the department shall determine,
to identify himself or herself as a person with a disability or an
individual holding a permit to hunt from a standing vehicle under
part 401.
(j) (k)
Except as otherwise provided in
section 40111(3) or
(4), 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.
(k) (l) On or
across a cemetery or burial ground, or land used
as an airport.
(l) (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), (3), (5),
or (6).
(m) (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 provided for in section
81127.
(n) (o)
In or upon the waters of any
stream, river, bog,
wetland, swamp, marsh, or quagmire except over a bridge, culvert,
or similar structure.
(o) (p)
To hunt, pursue, worry, kill, or
attempt to hunt,
pursue, worry, or kill an animal, whether wild or domesticated.
(p) (q)
In a manner so as to leave behind
litter or other
debris.
(q) (r)
On public land, in a manner
contrary to operating
regulations.
(r) (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.
(s) (t)
While transporting any passenger in
or upon an ORV
unless the manufacturing standards for the vehicle make provisions
for transporting passengers.
(t) (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 under any of the following circumstances:
(i) On a forest road or forest trail if the forest road or
forest trail is maintained by or under the jurisdiction of the
department.
(ii) On a street, county road, or highway on which ORV use is
authorized under section 81131(2), (3), (5), or (6).
(2) An individual who is operating or is a passenger on an ORV
shall wear a crash helmet and protective eyewear that are approved
by the United States department of transportation. This subsection
does not apply to any of the following:
(a) An individual who owns the property on which the ORV is
operating.
(b) An individual wearing a properly adjusted and fastened
safety belt if the ORV is equipped with a roof that meets or
exceeds United States department of transportation standards for a
crash helmet.
(c) An ORV operated on a state-licensed game bird hunting
preserve at a speed of not greater than 10 miles per hour.
(3) (2)
Each person who participates in the
sport of ORV
riding accepts the risks associated with that sport insofar as the
dangers are inherent. Those risks include, but are not limited to,
injuries to persons or property that can result from variations in
terrain; defects in traffic lanes; surface or subsurface snow or
ice conditions; bare spots; rocks, trees, and other forms of
natural growth or debris; and collisions with fill material, decks,
bridges, signs, fences, trail maintenance equipment, or other ORVs.
Those risks do not include injuries to persons or property that
result from the use of an ORV by another person in a careless or
negligent manner likely to endanger person or property. When an ORV
is operated in the vicinity of a railroad right-of-way, each person
who participates in the sport of ORV riding additionally assumes
risks including, but not limited to, entanglement with railroad
tracks, switches, and ties and collisions with trains and train-
related equipment and facilities.
Sec. 81147. (1) Except as otherwise provided in this part, a
person who violates this part is guilty of a misdemeanor punishable
by imprisonment for not more than 90 days or a fine of not less
than $50.00 or more than $1,000.00, or both, for each violation.
(2)
A person who violates section 81133(1)(e) 81133(1)(d) by
operating an ORV in such a manner as to create an erosive condition
or
who violates section 81133(1)(i) 81133(1)(h) or (o) (n) is
guilty of a misdemeanor punishable by imprisonment for not more
than 90 days or a fine of not less than $250.00 or more than
$1,000.00, or both, for each violation.
(3) A person who violates section 81105, 81107, 81115, 81116,
81121,
81130, or 81133(1)(b), (c), (d), (e), (f), (g), (h), (j),
(i),
(k), or (l), or (m) 81133(2) is responsible for
a state civil
infraction and may be ordered to pay a civil fine of not more than
$500.00.
(4) A person shall not remove, deface, or destroy a sign or
marker placed by the department indicating the boundaries of an ORV
trail or area or that marks a route.
(5) In addition to the penalties otherwise provided under this
part, a court of competent jurisdiction may order a person to
restore, as nearly as possible, any land, water, stream bank,
streambed, or other natural or geographic formation damaged by the
violation of this part to the condition it was in before the
violation occurred.
(6) The department or any other peace officer may impound the
ORV of a person who commits a violation of this part that is
punishable as a misdemeanor or who causes damage to the particular
area in which the ORV was used in the commission of the violation.
(7) Upon conviction of a person for violation described in
subsection (6), a court of competent jurisdiction may order the ORV
and any personal property on the ORV seized as a result of the
violation returned to the owner or, upon recommendation of the
local prosecuting attorney, turned over to the department. An ORV
or any other property turned over to the department under this
subsection shall be disposed of in the manner provided for
condemnation of property in part 16. The proceeds realized by the
department under this subsection shall first be used to restore
areas
damaged by ORV use, with the and
any balance to shall be
deposited in the off-road vehicle account.