October 21, 2009, Introduced by Senators JELINEK and VAN WOERKOM and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 81101 (MCL 324.81101), as amended by 2004 PA
587.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 81101. As used in this part:
(a) "ATV" means a 3- or 4-wheeled vehicle designed for off-
road use that has low-pressure tires, has a seat designed to be
straddled by the rider, and is powered by a 50cc to 500cc gasoline
engine or an engine of comparable size using other fuels.
(b) "Code" means the Michigan vehicle code, 1949 PA 300, MCL
257.1 to 257.923.
(c) "Dealer" means a person engaged in the sale, lease, or
rental of an ORV as a regular business or, for purposes of selling
licenses under section 81116, any other person authorized by the
department to sell licenses or permits, or both, under this act.
(d) "Designated", unless the context implies otherwise, means
posted open for ORV use with appropriate signs by the department.
(e) "Farm vehicle" means either of the following:
(i) An implement of husbandry as that term is defined in
section 21 of the Michigan vehicle code, 1949 PA 300, MCL 257.21.
(ii) A vehicle used in connection with a farm operation as that
term is defined in section 2 of the Michigan right to farm act,
1981 PA 93, MCL 286.472.
(f)
(e) "Forest road" means a hard surfaced road, gravel or
dirt road, or other route capable of travel by a 2-wheel drive, 4-
wheel conventional vehicle designed for highway use, except an
interstate, state, or county highway.
(g) (f)
"Forest
trail" means a designated path or way capable
of travel only by a vehicle less than 50 inches in width.
(h) (g)
"Highway" means the
entire width between the boundary
lines of a way publicly maintained when any part of the way is open
to the use of the public for purposes of vehicular travel.
(i) (h)
"Highly restricted personal
information" means an
individual's photograph or image, social security number, digitized
signature, and medical and disability information.
(j) (i)
"Late model ORV" means an
ORV manufactured in the
current model year or the 5 model years immediately preceding the
current model year.
(k) (j)
"Manufacturer" means a
person, partnership,
corporation, or association engaged in the production and
manufacture of ORVs as a regular business.
(l) (k)
"Off-road vehicle
account" means the off-road vehicle
account of the Michigan conservation and recreation legacy fund
provided
for established in section 2015.
(m) (l) "Operate"
means to ride in or on, and be in actual
physical control of, the operation of an ORV.
(n) (m)
"Operator" means a person
who operates or is in actual
physical control of the operation of an ORV.
(o) (n)
"ORV" or
"vehicle" means a motor driven off-road
recreation vehicle capable of cross-country travel without benefit
of a road or trail, on or immediately over land, snow, ice, marsh,
swampland, or other natural terrain. ORV or vehicle includes, but
is not limited to, a multitrack or multiwheel drive vehicle, an
ATV, a motorcycle or related 2-wheel, 3-wheel, or 4-wheel vehicle,
an amphibious machine, a ground effect air cushion vehicle, or
other means of transportation deriving motive power from a source
other than muscle or wind. ORV or vehicle does not include a
registered snowmobile, a farm vehicle being used for farming, a
vehicle used for military, fire, emergency, or law enforcement
purposes, a vehicle owned and operated by a utility company or an
oil or gas company when performing maintenance on its facilities or
on property over which it has an easement, a construction or
logging vehicle used in performance of its common function, or a
registered aircraft.
(p) (o)
"Owner" means any of the
following:
(i) A vendee or lessee of an ORV which that is
the subject of
an agreement for the conditional sale or lease of the ORV, with the
right of purchase upon performance of the conditions stated in the
agreement, and with an immediate right of possession vested in the
conditional vendee or lessee.
(ii) A person renting an ORV, or having the exclusive use of an
ORV, for more than 30 days.
(iii) A person who holds legal ownership of an ORV.
(q) (p)
"Person with
disabilities" means a person who has 1 or
more of the following physical characteristics:
(i) Blindness.
(ii) Inability to ambulate more than 200 feet without having to
stop and rest during any time of the year.
(iii) Loss of use of 1 or both legs or feet.
(iv) Inability to ambulate without the prolonged use of a
wheelchair, walker, crutches, braces, or other device required to
aid mobility.
(v) A lung disease from which the person's expiratory volume
for 1 second, when measured by spirometry, is less than 1 liter, or
from which the person's arterial oxygen tension is less than 60
mm/hg of room air at rest.
(vi) A cardiovascular disease from which the person measures
between 3 and 4 on the New York heart classification scale, or from
which a marked limitation of physical activity causes fatigue,
palpitation, dyspnea, or anginal pain.
(vii) Other diagnosed disease or disorder including, but not
limited to, severe arthritis or a neurological or orthopedic
impairment that creates a severe mobility limitation.
(r) (q)
"Personal information"
means information that
identifies an individual, including an individual's driver
identification number, name, address not including zip code, and
telephone number, but does not include information on ORV operation
or equipment-related violations or civil infractions, operator or
vehicle registration status, accidents, or other behaviorally-
related information.
(s) (r)
"Public agency" means the
department or a local or
federal unit of government.
(t) (s)
"Roadway" means that
portion of a highway improved,
designated, or ordinarily used for vehicular travel. If a highway
includes 2 or more separate roadways, the term roadway refers to a
roadway separately, but not to all roadways collectively.
(u) (t)
"Route" means a forest
road or other road that is
designated for purposes of this part by the department.
(v) (u)
"Safety chief instructor"
means a person who has been
certified by a nationally recognized ATV and ORV organization to
certify instructors and to do on-sight evaluations of instructors.
(w) (v)
"Visual supervision"
means the direct observation of
the operator with the unaided or normally corrected eye, where the
observer is able to come to the immediate aid of the operator.