SB-1020, As Passed Senate, December 4, 2012

SUBSTITUTE FOR

SENATE BILL NO. 1020

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 81101, 81115, 81122, 81129, 81131, and 81133

(MCL 324.81101, 324.81115, 324.81122, 324.81129, 324.81131, and

324.81133), section 81101 as amended by 2012 PA 246, sections 81115

and 81129 as amended by 2008 PA 240, section 81122 as added by 1995

PA 58, section 81131 as amended by 2011 PA 107, and section 81133

as amended by 2012 PA 340; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 81101. As used in this part:

(a) "ATV" means a ~~3-, 4-, or 6-wheeled~~ vehicle with 3 or more

wheels that is designed for off-road use, ~~that~~ has low-pressure

tires, has a seat designed to be straddled by the rider, and is

comparable size using other fuels.

(b) "Code" means the Michigan vehicle code, 1949 PA 300, MCL

257.1 to 257.923.

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 by the department, with appropriate signs, as open for ORV

use. ~~with appropriate signs by the department.~~

(e) "Eligible county" means any of the following:

(i) Oceana, Newaygo, Montcalm, Gratiot, Saginaw, Tuscola, or

Sanilac county or a county lying north thereof, including all of

the counties of the Upper Peninsula.

(ii) St. Clair county.

(f) ~~(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.

(g) ~~(f)~~ "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~~ but

does not include an interstate, state, or county highway.

(h) ~~(g)~~ "Forest trail" means a designated path or way capable

of travel only by a vehicle less than 50 inches in width.

(i) ~~(h)~~ "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.

(j) ~~(i)~~ "Highly restricted personal information" means an

individual's photograph or image, social security number, digitized

signature, and medical and disability information.

(k) ~~(j)~~ "Late model ORV" means an ORV manufactured in the

current model year or the 5 model years immediately preceding the

current model year.

(l) "Local unit of government" means a county, township, or

municipality.

(m) ~~(k)~~ "Manufacturer" means a person, partnership,

corporation, or association engaged in the production and

manufacture of ORVs as a regular business.

(n) "Municipality" means a city or village.

(o) (l) "Off-road vehicle account" means the off-road vehicle

account of the Michigan conservation and recreation legacy fund

established in section 2015.

(p) ~~(m)~~ "Operate" means to ride in or on, and be in actual

physical control of, the operation of an ORV.

(q) ~~(n)~~ "Operator" means ~~a person~~ an individual who operates

or is in actual physical control of the operation of an ORV.

(r) ~~(o)~~ "ORV" or, unless the context implies a different

meaning, "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~~

A multitrack or multiwheel drive vehicle, ~~an ATV,~~ a motorcycle or

related 2-wheel vehicle, a 3-wheel, 4-wheel, or 6-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.~~ may be an ORV. An ATV is an ORV. 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.

(s) ~~(p)~~ "Owner" means any of the following:

(i) A vendee or lessee of an ORV 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.

(t) ~~(q)~~ "Person with a disability" means ~~a person~~ an

individual who has 1 or more of the following physical

characteristics:

(i) Blindness.

(ii) Inability, during some time of the year, 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~~ individual's

expiratory volume for 1 second, when measured by spirometry, is

less than 1 liter, or from which the ~~person's~~ individual's arterial

oxygen tension is less than 60 mm/hg of room air at rest.

(vi) A cardiovascular disease ~~from which the person measures~~

that causes the individual to measure between 3 and 4 on the New

York heart classification scale, or ~~from which~~ that results in a

marked limitation of physical activity ~~causes~~ by causing 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.

(u) ~~(r)~~ "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.

(v) ~~(s)~~ "Public agency" means the department or a local or

federal unit of government.

(w) "Road" means a county primary road or county local road as

described in section 5 of 1951 PA 51, MCL 247.655.

(x) ~~(t)~~ "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.

(y) ~~(u)~~ "Route" means a forest road or other road that is

designated for purposes of this part by the department.

(z) ~~(v)~~ "Safety chief instructor" means ~~a person~~ an individual

who has been certified by a nationally recognized ~~ATV and~~ ORV

organization to certify instructors and to do on-sight evaluations

of instructors.

(aa) "Street" means a city or village major street or city or

village local street as described in section 9 of 1951 PA 51, MCL

247.659.

(bb) ~~(w)~~ "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.

Sec. 81115. (1) A Subject to subsection (2), a person shall

not operate an ORV under any of the following conditions unless the

ORV is licensed with the department or a dealer as provided under

this part:

(a) Except as otherwise provided by law, on or over land,

snow, ice, or other natural terrain.

(b) Except as otherwise provided in this part, on a forest

trail or in a designated area.

maintained portion of a ~~road or street.~~highway.

(2) ~~Licensure~~ An ORV is not required ~~for an~~ to be licensed

under this part under any of the following circumstances:

(a) The ORV is used exclusively in a safety and training

program as required in section 81129.

(b) The ORV is registered under the code or is a vehicle

registered under part 801, unless the vehicle is operated as an

ORV off highways.

owner of the property, a family member of the owner, or an

invited guest of the owner.

(d) The ORV is licensed in another state and is only

operated in this state in Gogebic, Iron, Dickinson, and

Menominee counties south of U.S. route 2.

(e) The ORV is being operated on a free ORV-riding day. The

department shall designate 1 Saturday and the following Sunday each

year as free ORV-riding days. In addition, the department may

designate 1 other day or 2 other consecutive days each year as free

ORV-riding days. The free ORV-riding days shall correspond to free

fishing days to the extent that free fishing days are designated

under section 43534. A person operating an unlicensed ORV during a

free ORV-riding day has the same privileges and is subject to the

same rules and regulations as a person operating an ORV licensed or

required under subsection (1).

(f) If and to the extent the department waives the requirement

for department-sponsored events or other circumstances as

determined by the director or the director's designee.

Sec. 81122. (1) A person shall not operate an ORV that is not

registered under the code upon a ~~public~~ highway ~~, street, or right-~~

~~of-way of a public highway or street,~~ except as provided in section

81131 or under the following conditions and circumstances:

(a) The operator of a vehicle may cross a ~~public~~ highway,

other than a limited access highway, at right angles, for the

purpose of getting from 1 area to another, if the operation can be

done in safety. The operator shall bring the vehicle to a complete

stop before proceeding across a ~~public~~ highway, and shall yield the

right-of-way to oncoming traffic.

(b) A vehicle may be operated on a street or other highway for

a special event of limited duration and conducted according to a

prearranged schedule only under permit from the governmental unit

having jurisdiction. A Subject to subsection (2), a special event

involving ORVs may be conducted on the frozen surface of public

waters only under permit from the department.

necessary to cross a culvert or bridge other than the Mackinac

bridge if the ORV is brought to a complete stop before entering

onto the roadway or shoulder and the driver yields the right-of-way

to an approaching vehicle on the highway.

(d) ~~(c)~~ A farmer, employee of a farmer, or family member of a

farmer who is at least 16 years of age may operate an ORV on the

extreme right side of a roadway or highway right-of-way when it is

not practicable to operate off that roadway or highway right-of-

way. Such operation shall be limited to traveling to or from the

farmer's residence or work location or field during the course of

farming operations. An ORV shall not be operated pursuant to this

subdivision during the period of 30 minutes before sunset to 30

minutes after sunrise, when visibility is substantially reduced due

to weather conditions, or in a manner so as to interfere with

traffic. The state transportation department and all of its

employees are immune from tort liability for injury or damages

sustained by any person arising in any way by reason of the

operation or use of an ORV for the limited purposes allowed under

this subdivision. An operator of an ORV under this subdivision

shall have attached to the ORV a flag made of reflective material.

The flag shall extend not less than 8 feet from the surface of the

~~roadway~~ highway and not less than 4 feet above the top of the ORV.

The flag shall be not less than 12 inches high by 18 inches long

and not measure less than 100 square inches.

(2) The department shall not require a permit under this part

or rules promulgated under section 504 for an ORV event on the

frozen surface of public waters or on state-owned lands if the

number of ORVs involved is not more than 75 unless the event

conflicts with rules that are not specifically related to ORV

events. The department may require the organizer of such an event

to give the department sufficient advance notice to allow the

department to coordinate the event with other ORV-riding activity

to minimize conflicts.

(3) ~~(2)~~ In a court action in this state where competent

evidence demonstrates that a vehicle that is permitted to operate

on a highway pursuant to the code is in a collision with an ORV on

a roadway, the operator of the ORV involved in the collision shall

be considered prima facie negligent.

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 unless the child

is under the direct visual supervision of an adult and the child

has in his or her immediate possession an ORV safety certificate

issued pursuant to this part or a comparable ORV 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 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 safety

certificate issued pursuant to this part or a comparable ORV 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 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~~

~~information, safety education, and training program that shall~~

~~include~~ program for the training of ORV operators and the

preparation and dissemination of ORV information and safety advice

to the public. The program shall provide for the training of

youthful operators and for the issuance of ORV safety certificates

to those who successfully complete the training ~~provided under the~~

~~program~~ and may include separate instruction for each type of ORV.

(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 and environmental

organizations and associations in regard to the subject matter of a

training program and performance testing that leads to

certification of ORV operators.

(10) The department may designate a person it considers

qualified to provide course instruction and to award ORV safety

certificates.

(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

unless the child is under the direct visual supervision of an adult

and the child has in his or her immediate possession an ORV safety

certificate issued pursuant to this section or a comparable ORV

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,

a child who is less than 16 years of age shall present the ORV

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~~

highways on which ORV use is authorized pursuant to section

81131(2), (3), or (5), (6), or (7) if the operator has a valid ORV

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 safety

certificate to operate an ORV, 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 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.

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 riders if another ORV rider

is injured or an ORV is inoperable in the ORV operating area.

(f) Fencing or another means of crowd control is used to keep

spectators out of the ORV operating area.

(g) If the event is on a closed course, dust is controlled in

the ORV operating area and the riding surface in the ORV 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 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 accident at the event.

(b) The age of the child.

certificate under this part or a comparable ORV safety certificate

issued under the authority of another state or a province of

Canada.

(d) The type of ORV 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 riding or racing events.

(20) ~~(21)~~ The requirements of this section are in addition to

any applicable requirements of section ~~81131(9).~~81131(13).

Sec. 81131. (1) A municipality may pass an ordinance allowing

a permanently disabled person to operate an ORV in that

municipality.

(2) Subject to subsection (4), the county board of

commissioners of an eligible county may adopt an ordinance

authorizing the operation of ORVs on the maintained portion of 1 or

more roads located within the county. Not less than 45 days before

a public hearing on the ordinance, the county clerk shall send

notice of the public hearing, by certified mail, to the county road

commission and, if state forestland is located within the county,

to the department.

(3) Subject to subsection (4), the township board of a

township located in an eligible county may adopt an ordinance

authorizing the operation of ORVs on the maintained portion of 1 or

more roads located within the township. Not less than 28 days

before a public hearing on the ordinance, the township clerk shall

send notice of the public hearing, by certified mail, to the county

road commission and, if state forestland is located within the

township, to the department. This subsection does not apply to a

township until 1 year after the effective date of the amendatory

act that first defined eligible county so as to include the county

in which that township is located.

(4) The board of county road commissioners may close a road to

the operation of ORVs ~~under~~ otherwise authorized pursuant to

subsection (2) or (3) to protect the environment or if ~~the~~ such

operation of ORVs ~~under subsection (2) or (3)~~ poses a particular

and demonstrable threat to public safety. A county road commission

shall not under this subsection close more than 30% of the linear

miles of roads located within the county ~~to the operation of ORVs~~

~~under~~ or a township to the operation of ORVs otherwise authorized

pursuant to subsection (2) or (3), respectively. The township board

of a township located in an eligible county may adopt an ordinance

to close a road to the operation of ORVs ~~under~~ otherwise authorized

pursuant to subsection (2).

(5) The legislative body of a municipality located in an

eligible county may adopt an ordinance authorizing the operation of

ORVs on the maintained portion of 1 or more streets within the

municipality.

(6) Subject to subsection (8), by May 1, 2013, the state

transportation department shall authorize the operation of ORVs on

the maintained portion of a state trunk line highway, other than an

interstate highway, on all or part of at least 10 state trunk line

highways in the Upper Peninsula and at least 5 state trunk line

highways in eligible counties in the Lower Peninsula. Before

designating the state trunk line highways in the Upper Peninsula or

Lower Peninsula, the state transportation department shall solicit

and consider comments from ORV user groups in the Upper Peninsula

or Lower Peninsula, respectively.

(7) Subject to subsections (8) or (9), the county board of

commissioners of an eligible county may adopt an ordinance

authorizing the operation of ORVs on the maintained portion of 1 or

more state trunk line highways, other than interstate highways,

located within the county. Not less than 45 days before the county

board of commissioners holds a public hearing on the ordinance but

after December 31, 2013, the county clerk shall send notice of the

public hearing, by certified mail, to the state transportation

department, the department of state police, and, if state

forestland is located within the county, to the department. The

notices to the state transportation department and department of

state police shall solicit their comments on environmental and

public safety issues related to the proposed ordinance and indicate

that, to be assured of consideration, the comments must be received

not more than 30 days after the notice was sent. The county board

of commissioners shall consider comments timely received from the

state transportation department and the department of state police.

The county board of commissioners shall work with local ORV groups

to address concerns raised in those comments.

(8) The state transportation department or a county board of

commissioners shall authorize operation of an ORV under subsection

(6) or (7), respectively, only on a stretch of state trunk line

highway that meets 1 or more of the following requirements:

(a) Serves as a connector between ORV areas, routes, or trails

designated by the department or an ORV user group.

(b) Provides access to tourist attractions, food service

establishments, fuel, or other services.

that run along discontinuous town lines.

(d) Includes a bridge that allows an ORV to cross a stream,

wetland, or gully that is not crossed by a road or street on which

ORVs are authorized to operate under subsection (2) or (3).

(9) The state transportation department may close a state

trunk line highway to the operation of ORVs otherwise authorized

pursuant to subsection (7) by written notice to the county clerk

and the senate committees with primary responsibility for natural

resources, recreation, and transportation. The notice shall be in

writing and sent by first-class United States mail or personally

delivered not more than 30 days after the adoption of the

ordinance. The notice shall set forth specific reasons for the

closure.

(10) ~~(6)~~ Subject to subsection (4), if a local unit of

government adopts an ordinance pursuant to subsection (2), (3), or

(5), or (7) or the state transportation department designates a

state trunk line highway under subsection (6), a person may operate

an ORV with the flow of traffic on the far right of the maintained

portion of the road or street covered by the ordinance or the state

trunk line highway covered by the designation. A person shall not

operate an ORV as authorized pursuant to subsection (2), (3), or

(5), (6), or (7) at a speed greater than 25 miles per hour or a

lower posted ORV speed limit or in a manner that interferes with

traffic on the road, or street, or state trunk line highway.

(11) ~~(7)~~ Unless the person possesses a license as defined in

section 25 of the Michigan vehicle code, 1949 PA 300, MCL 257.25, a

person shall not operate an ORV as authorized pursuant to

subsection (2), (3), or (5), (6), or (7) if the ORV is registered

as a motor vehicle under chapter II of the Michigan vehicle code,

1949 PA 300, MCL 257.201 to 257.259, and either is more than 60 65

inches wide or has 3 wheels. ORVs operated as authorized pursuant

to subsection (2), (3), or (5), (6), or (7) shall travel single

file, except that an ORV may travel abreast of another ORV when it

is overtaking and passing, or being overtaken and passed by,

another ORV.

(12) ~~(8)~~ A person shall not operate an ORV as authorized

pursuant to this section without displaying a lighted headlight and

lighted taillight.

(13) ~~(9)~~ A person under 18 years of age shall not operate an

ORV as authorized pursuant to this section unless the person is in

possession of a valid driver license or under the direct

supervision of a parent or guardian and the person has in his or

her immediate possession an ORV safety certificate issued pursuant

to this part or a comparable ORV safety certificate issued under

the authority of another state or a province of Canada. A person

under 12 years of age shall not operate an ORV as authorized

pursuant to this section. The requirements of this subsection are

in addition to any applicable requirements of section 81129.

(14) ~~(10)~~ A township that has authorized the operation of ORVs

on a road under subsection (3) or a county that has authorized the

operation of ORVs on a state trunk line highway under subsection

(7) does not have a duty to maintain the road or state trunk line

highway in a condition reasonably safe and convenient for the

operation of ORVs. A This state, a board of county road

commissioners, a county board of commissioners, or a municipality

does not have a duty to maintain a state trunk line highway, road,

or street under its jurisdiction in a condition reasonably safe and

convenient for the operation of ORVs, except the following ORVs:

(a) ORVs registered as motor vehicles as provided in the code.

(b) ORVs permitted by an ordinance as provided in subsection

(1).

(15) ~~(11) Beginning October 19, 1993,~~ This state, a board of

county road commissioners, a county board of commissioners, ~~and~~ a

county, ~~are,~~ and ~~, beginning on April 25, 1995,~~ a municipality ~~is,~~

are immune from tort liability for injuries or damages sustained by

any person arising in any way out of the operation or use of an ORV

on maintained or unmaintained state trunk line highways, roads,

streets, shoulders, and rights-of-way over which this state, the

board of county road commissioners, the county board of

commissioners, or the municipality has jurisdiction. The immunity

provided by this subsection does not apply to actions that

constitute gross negligence. As used in this subsection, "gross

negligence" means conduct so reckless as to demonstrate a

substantial lack of concern for whether an injury results.

(16) ~~(12)~~ In a court action in this state, if competent

evidence demonstrates that a vehicle that is permitted to operate

on a road, or street, or state trunk line highway pursuant to the

code was in a collision with an ORV required to be operated on the

far right of the maintained portion of a road, or street, or state

trunk line highway pursuant to ~~an ordinance adopted under~~

~~subsection (2), (3), or (5),~~ subsection (10), the operator of the

ORV shall be considered prima facie negligent.

(17) ~~(13)~~ A violation of an ordinance described in this

section is a municipal civil infraction. The ordinance may provide

for a ~~maximum~~ fine of not more than $500.00 for a violation of the

ordinance. In addition, the court shall order the defendant to pay

the cost of repairing any damage to the environment, a road, or

street, or state trunk line highway, or public property ~~damaged~~ as

a result of the violation.

(18) ~~(14)~~ The treasurer of the local unit of government shall

deposit fines collected by that local unit of government under

section 8379 of the revised judicature act of 1961, 1961 PA 236,

MCL 600.8379, and subsection ~~(13)~~ (17) and damages collected under

subsection ~~(13)~~ (17) into a fund to be designated as the "ORV

fund". The legislative body of the local unit of government shall

appropriate revenue in the ORV fund as follows:

(a) Fifty percent to the county sheriff or police department

responsible for law enforcement in the local unit of government for

ORV enforcement and training.

(b) Fifty percent to the board of county road commissioners

or, in the case of a city or village, to the department responsible

for street maintenance in the city or village. , However, if a fine

was collected for a violation of an ordinance adopted under

subsection (7), 50% of the fine revenue shall be appropriated to

the state transportation department. Revenue appropriated under

this subdivision shall be used for repairing damage to roads, or

streets, or state trunk line highways and the environment that may

have been caused by ORVs and for posting signs indicating ORV speed

limits or indicating whether roads, or streets, or state trunk line

highways are open or closed to the operation of ORVs ~~under~~ as

authorized pursuant to this section.

~~(15) As used in this section:~~

~~(a) "Eligible county" means any of the following:~~

(i~~) Oceana, Newaygo, Montcalm, Gratiot, Saginaw, Tuscola, or~~

~~Sanilac county or a county lying north thereof, including all of~~

~~the counties of the Upper Peninsula.~~

(ii~~) St. Clair county.~~

~~(b) "Local unit of government" means a county, township, or~~

~~municipality.~~

~~(c) "Municipality" means a city or village.~~

~~(d) "Road" means a county primary road or county local road as~~

~~described in section 5 of 1951 PA 51, MCL 247.655.~~

~~(e) "Street" means a city or village major street or city or~~

~~village local street as described in section 9 of 1951 PA 51, MCL~~

~~247.659.~~

(19) A person who violates a rule promulgated or order issued

under subsection (6) is responsible for a state civil infraction

and may be ordered to pay a civil fine of not more than $500.00. In

addition, the court shall order the defendant to pay the cost of

repairing any damage to the environment, a state trunk line

highway, or public property as a result of the violation.

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.

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(8).~~81131(12).

(d) Unless 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, ~~to the rear of the vehicle when~~ 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.

(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~~ other 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

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.

(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

jurisdiction of the department, or on a ~~road or street~~ highway on

which ORV use is authorized ~~under~~ pursuant to section 81131(2),

(3), or (5), (6), 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

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 ~~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

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.

(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 ~~for the~~ to conduct of

necessary work functions involving land and timber survey,

communication and transmission line patrol, ~~and~~ 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 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 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.

(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.

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

an airport.

(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), or (5), (6),

or (7).

(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.

(o) In or upon the waters of any stream, river, bog, wetland,

swamp, marsh, or quagmire except over a bridge, culvert, or similar

structure.

(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 On public land, a manner contrary to operating

regulations. ~~on public lands.~~

(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.

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

the manufacturing standards for the vehicle make provisions for

transporting passengers.

(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

under the jurisdiction of the department, or on a ~~road or street~~

highway on which ORV use is authorized under section 81131(2), (3),

or (5), (6), 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 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 operation 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.

Enacting section 1. Sections 81102 and 81128 of the natural

resources and environmental protection act, 1994 PA 451, MCL

324.81102 and 324.81128, are repealed.