ORV HELMET/EYEWEAR USE; FISHING SHANTY                                         H.B. 5662 (H-1):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 5662 (Substitute H-1 as reported without amendment)

Sponsor:  Representative Curtis S. VanderWall

House Committee:  Transportation and Infrastructure

Senate Committee:  Transportation

CONTENT

The bill would amend the Natural Resources and Environmental Protection Act to exempt off-road recreation vehicles (ORVs) operated for the purpose of towing a fishing shanty or supply shed over the frozen surface of public waters, or while traveling to and from a fishing shanty, from a requirement that an individual who is operating an ORV or a passenger on an ORV wear an approved crash helmet and protective eyewear.

Currently, subject to several exceptions, an individual who is operating or is a passenger on an ORV must wear a crash helmet and protective eyewear that are approved by the United States Department of Transportation.

The bill would create another exception to the crash helmet and protective eyewear requirement for an ORV operated for the purpose of towing a fishing shanty or supply shed over the frozen surface of public waters at the minimum speed required to maintain controlled forward movement of the vehicle or while traveling to and from a fishing shanty at a speed of not greater than 10 miles per hour. An owner of private property would not be liable for personal injuries, including death, to an individual who operated an ORV as described in this provision without wearing a helmet while traveling on the owner's property.

MCL 324.81133                                                        Legislative Analyst:  Drew Krogulecki

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  5-30-18                                                     Fiscal Analyst:  Josh Sefton

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.