March 15, 2012, Introduced by Senators CASPERSON and BOOHER and referred to the Committee on Transportation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 81115, 81129, and 81131 (MCL 324.81115,
324.81129, and 324.81131), sections 81115 and 81129 as amended by
2008 PA 240 and section 81131 as amended by 2011 PA 107.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
81115. (1) A Subject to subsections
(2) and (3), 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.
(c) Except as otherwise provided in section 81102, on the
maintained
portion of a road, or street, or highway.
(2) Licensure is not required for an ORV used exclusively in a
safety and training program as required in section 81129.
(3) Licensure is not required on a free ORV-riding day. The
department shall designate a 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).
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, and highways
on which ORV use is authorized pursuant to section 81131(2), (3),
or
(5), or (6) 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.
(c) The event organizer has not less than $500,000.00
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.
(c) Whether the child had been issued an ORV safety
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(10).
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
operation
of ORVs under otherwise
authorized pursuant to subsection
(2) or (3) poses a particular and demonstrable threat to public
safety. A county road commission shall not under this subsection
close to the operation of ORVs more than 30% of the linear miles of
roads
located within the county to the operation of ORVs or located
within a township that has adopted an ordinance 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 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) 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 highways located within the county.
Not less than 45 days before the county board of commissioners
holds a public hearing on the ordinance, the county clerk shall
send notice of the public hearing, by certified mail, to the state
transportation department and, if state forestland is located
within the county, to the department. The notice to the state
transportation department shall solicit the state transportation
department's comment on environmental and public safety issues
related to the proposed ordinance. The county board of
commissioners shall authorize operation of an ORV under this
subsection only on a stretch of highway that meets 1 or more of the
following requirements:
(a) Serves as a connector between ORV areas, routes, or
trails.
(b) Provides access to tourist attractions, food service
establishments, fuel, or other services and extends from the end of
an ORV route or trail for a distance of not more than 10 highway
miles, unless the county board of commissioners determines that a
longer distance is necessary to provide sufficient access to food
service establishments, fuel, or other services.
(c) Serves as a connector between 2 segments of the same
county road 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).
(7) (6)
Subject to subsection (4), if a
local unit of
government
adopts an ordinance pursuant to subsection (2), (3), or
(5), or (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,
or highway covered by the ordinance. A person shall not operate an
ORV
as authorized pursuant to subsection (2), (3), or (5), or (6)
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 highway.
(8) (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), or (6) 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),
or (6) 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.
(9) (8)
A person shall not operate an ORV as authorized
pursuant to this section without displaying a lighted headlight and
lighted taillight.
(10) (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.
(11) (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 highway under subsection (6) does not have a
duty to maintain the road or highway 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 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).
(12) (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.
(13) (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, or highway pursuant to an
ordinance
adopted
under subsection (2), (3), or (5), or (6), the operator of
the ORV shall be considered prima facie negligent.
(14) (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 , or to a
road,
or
street, highway, or
public property damaged as a result of the
violation.
(15) (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) (14)
and damages collected under
subsection
(13) (14) 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 (6), 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 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 highways are open or
closed
to the operation of ORVs under as
authorized pursuant to
this section.
(16) The state transportation department shall post signs
indicating highways on which ORV use is authorized under subsection
(6).
(17) (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) "Highway" means a state trunkline highway other than an
interstate highway.
(c) (b)
"Local unit of
government" means a county, township,
or municipality.
(d) (c)
"Municipality" means a
city or village.
(e) (d)
"Road" means a county
primary road or county local
road as described in section 5 of 1951 PA 51, MCL 247.655.
(f) (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.