May 9, 2012, Introduced by Rep. Huuki and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
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),
section 81133 as amended by 2008 PA 365 and section 81147 as
amended by 2008 PA 240.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 81133. (1) A person shall not operate an ORV as described
in any of the following:
(a) At a rate of speed greater than is reasonable and proper,
or in a careless manner having due regard for conditions then
(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
(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
applicable requirements of section
(d) Unless equipped with a braking system that may be operated
by hand or foot, capable of producing deceleration at 14 feet per
second 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 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.
(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
of the department, or on a road,
or street, or highway
which ORV use is authorized
pursuant to under section 81131(2),
or (5), or (7).
(i) In or upon the lands of another without the written
consent of the owner, the owner's agent, or a lessee, when required
under part 731. The operator of the vehicle is liable for
to private property, including, but not limited to, damage to
trees, shrubs, or growing crops, injury to other living creatures,
or damage caused through vehicle operation in a manner so as to
create erosive or other ecological damage. 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 that has
been taken under a valid license; 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 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 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 under
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. A
person holding a valid permit to hunt from a standing vehicle
issued under part 401, or a person with disabilities 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 disabilities or a
person holding a permit to hunt from a standing vehicle under part
(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
(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
pursuant to under
section 81131(2), (3), or (5),
(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
(o) In or upon the waters of any stream, river, bog, wetland,
swamp, marsh, or quagmire except over a bridge, culvert, or similar
(p) To hunt, pursue, worry, kill, or attempt to hunt, pursue,
worry, or kill 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
(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
(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
(t) While transporting any passenger in or upon an ORV unless
the manufacturing standards for the vehicle make provisions for
(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
the jurisdiction of the department, or on a road,
highway on which ORV use is authorized
to under section
or (5), or (7).
(2) Each person who participates in the sport of ORV operation
accepts the risks associated with that sport insofar as the dangers
are obvious and inherent. Those risks include, but are not limited
to, injuries to persons or property that can result from variations
in terrain; surface or subsurface snow or ice conditions; bare
spots; rocks, trees, and other forms of natural growth or debris;
and collisions with signs, fences, or other ORVs or train
maintenance equipment. Those risks do not include injuries to
persons or property that can 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 operation additionally assumes risks including, but not limited
to, entanglement with tracks, switches, and ties and collisions
with trains and other 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 operates an ORV without wearing on his or her
head a crash helmet in violation of section 81133(1)(b) is
responsible for a state civil infraction and shall be fined not
less than $50.00 or more than $500.00 for each violation. This
subsection does not apply to a person while operating the ORV as a
farm vehicle or for property maintenance, including snow plowing.
(3) Except as provided in subsection (4), a person who
operates an ORV in violation of section 81133(1)(e), (i), (l), (m),
or (n) is responsible for a state civil infraction and shall be
fined not less than $50.00 or more than $500.00 for each violation.
A person who violates section 81133(e)
operating an ORV in such a manner as to create an erosive condition
who violates section
81133(i) or (o) 81133(1)(o) 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.
A person who violates section
81105, 81107, 81115,
81121, 81130, or
81133(b), (c), 81133(1)(c),
(d), (f), (g),
, ( l ), or
(m) is responsible for a state civil
infraction and may be ordered to pay a civil fine of not more than
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.
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
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.
Upon conviction of a person for a violation
(5) (7), 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 balance to be deposited in the
off-road vehicle account.
Enacting section 1. This amendatory act takes effect October
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5614(request no.
03046'11 a *).
(b) Senate Bill No.____ or House Bill No. 5613(request no.
03046'11 b *).
(c) Senate Bill No.____ or House Bill No. 5612(request no.
03046'11 c *).