May 10, 2011, Introduced by Reps. Potvin, Franz, Rendon, MacMaster, Bumstead, Foster, Johnson, Outman, Cotter, Huuki, McBroom, Crawford and Pettalia and referred to the Committee on Transportation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 81131 (MCL 324.81131), as amended by 2009 PA
175.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 81131. (1) A municipality may pass an ordinance allowing
a permanently disabled person to operate an ORV in that
municipality.
(2) Subject to subsections (4) and (7), 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 subsections (4) and (7), beginning July 17,
2009,
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 subsection (2) or (3) to protect the
environment or if the 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 subsection (2) or (3). 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 subsection
(2).
(5) Subject to subsection (7), 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 subsections (4) and (7), if a local unit of
government adopts an ordinance pursuant to subsection (2), (3), or
(5), 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. A person shall not operate an ORV pursuant to
subsection (2), (3), or (5) 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. 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 pursuant to subsection (2), (3), or (5) 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 inches wide or has 3 wheels. ORVs operated pursuant to
subsection (2), (3), or (5) 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.
(7) Subsections (2) to (6) and an ordinance adopted under
subsection (2), (3), or (5) do not apply after July 16, 2013. An
ordinance adopted under subsection (2), (3), or (5) does not apply
south of state trunk line highway 46. For the purposes of this
subsection, state trunk line highway 46 shall be considered to
extend due west from its westerly terminus to Lake Michigan and due
east from its easterly terminus to Lake Huron.
(8) In addition to any applicable requirement of section
81133(c), a person shall not operate an ORV pursuant to this
section when visibility is substantially reduced due to weather
conditions without displaying a lighted headlight and lighted
taillight.
Beginning January 1, 2010, a A
person shall not operate
an ORV pursuant to this section without displaying a lighted
headlight and lighted taillight.
(9) A person under 18 years of age shall not operate an ORV
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 pursuant to this section. The requirements of this
subsection are in addition to any applicable requirements of
section 81129.
(10) A township that has authorized the operation of ORVs on a
road under subsection (3) does not have a duty to maintain the road
in a condition reasonably safe and convenient for the operation of
ORVs. A board of county road commissioners, a county board of
commissioners, or a municipality does not have a duty to maintain a
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).
(11) Beginning October 19, 1993, a board of county road
commissioners, a county board of commissioners, and a county are,
and, beginning on April 25, 1995, a municipality is, 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 roads, streets, shoulders, and rights-
of-way over which 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.
(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 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 pursuant to an ordinance adopted under
subsection (2), (3), or (5), the operator of the ORV shall be
considered prima facie negligent.
(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 public property damaged as a result of the violation.
(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) and damages collected under
subsection (13) 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, for repairing damage
to roads or streets and the environment that may have been caused
by ORVs and for posting signs indicating ORV speed limits or
indicating whether roads or streets are open or closed to the
operation of ORVs under this section.
(15) As used in this section:
(a) "Eligible county" means any of the following:
(i) Mason, Lake, Osceola, Clare, Gladwin, Arenac,
or Bay
Muskegon, Kent, Montcalm, Gratiot, Saginaw, Tuscola, or Sanilac
county or a county lying north thereof, including all of the
counties of the Upper Peninsula.
(ii) Huron, Tuscola, Sanilac, Saginaw, Gratiot,
Montcalm, or
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.