SENATE BILL No. 1011

January 29, 2002, Introduced by Senators GOUGEON, MC MANUS and STILLE and referred

to the Committee on Transportation and Tourism.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 81133 (MCL 324.81133), as amended by 1998 PA

86.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 81133. A person shall not operate an ORV:

2 (a) At a rate of speed greater than is reasonable and

3 proper, or in a careless manner having due regard for conditions

4 then existing.

5 (b) Unless the person and any passenger in or on the vehicle

6 is wearing on his or her head a crash helmet and protective eye-

7 wear approved by the United States department of transportation.

8 This subdivision does not apply if TO EITHER OF THE FOLLOWING:

9 (i) IF the vehicle is equipped with a roof that meets or

10 exceeds standards for a crash helmet and the operator and each

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1 passenger is wearing a properly adjusted and fastened safety

2 belt.

3 (ii) IF THE VEHICLE IS ON PRIVATE PROPERTY PURSUING NORMAL

4 FARM ACTIVITIES.

5 (c) During the hours of 1/2 hour after sunset to 1/2 hour

6 before sunrise without displaying a lighted headlight and lighted

7 taillight.

8 (d) Unless equipped with a braking system that may be oper-

9 ated by hand or foot, capable of producing deceleration at 14

10 feet per second on level ground at a speed of 20 miles per hour;

11 a brake light, brighter than the taillight, visible when the

12 brake is activated to the rear of the vehicle when the vehicle is

13 operated during the hours of 1/2 hour after sunset and 1/2 hour

14 before sunrise; and a throttle so designed that when the pressure

15 used to advance the throttle is removed, the engine speed will

16 immediately and automatically return to idle.

17 (e) In a state game area or state park or recreation area,

18 except on roads, trails, or areas designated for this purpose; on

19 state owned lands under the control of the department other than

20 game areas, state parks, or recreational areas where the opera-

21 tion would be in violation of rules promulgated by the depart-

22 ment; in a forest nursery or planting area; on public lands

23 posted or reasonably identifiable as an area of forest reproduc-

24 tion, and when growing stock may be damaged; in a dedicated natu-

25 ral area of the department; or in any area in such a manner as to

26 create an erosive condition, or to injure, damage, or destroy

27 trees or growing crops. However, the department may permit an

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1 owner and guests of the owner to use an ORV within the boundaries

2 of a state forest in order to access the owner's property.

3 (f) On the frozen surface of public waters within 100 feet

4 of a person not in or upon a vehicle, or within 100 feet of a

5 fishing shanty or shelter or an area that is cleared of snow for

6 skating purposes, except at the minimum speed required to main-

7 tain controlled forward movement of the vehicle, or as may be

8 authorized by permit in special events.

9 (g) Unless the vehicle is equipped with a spark arrester

10 type United States forest service approved muffler, in good work-

11 ing order and in constant operation. Exhaust noise emission

12 shall not exceed 86 Db(A) or 82 Db(A) on a vehicle manufactured

13 after January 1, 1986, when the vehicle is under full throttle,

14 traveling in second gear, and measured 50 feet at right angles

15 from the vehicle path with a sound level meter which meets the

16 requirement of ANSI S1.4 1983, using procedure and ancillary

17 equipment therein described; or 99 Db(A) or 94 Db(A) on a vehicle

18 manufactured after January 1, 1986, or that level comparable to

19 the current sound level as provided for by the United States

20 environmental protection agency when tested according to the pro-

21 visions of the current SAE J1287, June 86 test procedure for

22 exhaust levels of stationary motorcycles, using sound level

23 meters and ancillary equipment therein described. A vehicle

24 subject to this part, manufactured or assembled after

25 December 31, 1972 and used, sold, or offered for sale in this

26 state, shall conform to the noise emission levels established by

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1 the United States environmental protection agency under the noise

2 control act of 1972, Public Law 92-574, 86 Stat. 1234.

3 (h) Within 100 feet of a dwelling at a speed greater than

4 the minimum required to maintain controlled forward movement of

5 the vehicle, except on property owned or under the operator's

6 control or on which the operator is an invited guest, or on a

7 roadway, forest road, or forest trail maintained by or under the

8 jurisdiction of the department, or on an ORV access route as

9 authorized by local ordinance.

10 (i) In or upon the lands of another without the written con-

11 sent of the owner, owner's agent or lessee, when required by

12 part 731. The operator of the vehicle is liable for damage to

13 private property, including, but not limited to, damage to trees,

14 shrubs, growing crops, or injury to living creatures or damage

15 caused through vehicle operation in a manner so as to create ero-

16 sive or other ecological damage to private property. The owner

17 of the private property may recover from the person responsible

18 nominal damages of not less than the amount of damage or injury.

19 Failure to post private property or fence or otherwise enclose in

20 a manner to exclude intruders or of the private property owner or

21 other authorized person to personally communicate against tres-

22 pass does not imply consent to ORV use.

23 (j) In an area on which public hunting is permitted during

24 the regular November firearm deer season from 7 a.m. to 11

25 a.m. and from 2 p.m. to 5 p.m., except during an emergency or for

26 law enforcement purposes, to go to and from a permanent residence

27 or a hunting camp otherwise inaccessible by a conventional

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1 wheeled vehicle, to remove a deer, elk, or bear from public land

2 which has been taken under a valid license; or except for the

3 conduct of necessary work functions involving land and timber

4 survey, communication and transmission line patrol, and timber

5 harvest operations; or on property owned or under control of the

6 operator or on which the operator is an invited guest. A hunter

7 removing game pursuant to this subdivision shall be allowed to

8 leave the designated trail or forest road only to retrieve the

9 game and shall not exceed 5 miles per hour. A vehicle registered

10 under the code is exempt from this subdivision while operating on

11 a public highway or public or private road capable of sustaining

12 automobile traffic. A person holding a valid permit to hunt from

13 a standing vehicle issued pursuant to part 401, or a person with

14 disabilities using an ORV to access public lands for purposes of

15 hunting or fishing through use of a designated trail or forest

16 road, is exempt from this subdivision.

17 (k) While transporting on the vehicle a bow unless unstrung

18 or encased, or a firearm unless unloaded and securely encased, or

19 equipped with and made inoperative by a manufactured keylocked

20 trigger housing mechanism.

21 (l) On or across a cemetery or burial ground, or land used

22 as an airport.

23 (m) Within 100 feet of a slide, ski, or skating area, unless

24 the vehicle is being used for the purpose of servicing the area.

25 (n) On an operating or nonabandoned railroad or railroad

26 right-of-way, or public utility right-of-way, other than for the

27 purpose of crossing at a clearly established site intended for

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1 vehicular traffic, except railroad, public utility, or law

2 enforcement personnel while in performance of their duties, and

3 except if the right-of-way is designated as established in sec-

4 tion 81127.

5 (o) In or upon the waters of any stream, river, bog, wet-

6 land, swamp, marsh, or quagmire except over a bridge, culvert, or

7 similar structure.

8 (p) To hunt, pursue, worry, kill, or attempt to hunt,

9 pursue, worry, or kill a bird or animal, wild or domesticated.

10 (q) In a manner so as to leave behind litter or other

11 debris.

12 (r) In a manner contrary to operating regulations on public

13 lands.

14 (s) While transporting or possessing, in or on the vehicle,

15 alcoholic liquor in a container that is open or uncapped or upon

16 which the seal is broken, except under either of the following

17 circumstances:

18 (i) The container is in a trunk or compartment separate from

19 the passenger compartment of the vehicle.

20 (ii) If the vehicle does not have a trunk or compartment

21 separate from the passenger compartment, the container is encased

22 or enclosed.

23 (t) While transporting any passenger in or upon an ORV

24 unless the manufacturing standards for the vehicle make provi-

25 sions for transporting passengers.

26 (u) On adjacent private land, in an area zoned residential,

27 within 300 feet of a dwelling at a speed greater than the minimum

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1 required to maintain controlled forward movement of the vehicle

2 except on a roadway, forest road, or forest trail maintained by

3 or under the jurisdiction of the department, or on an ORV access

4 route as authorized by local ordinance.

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