HOUSE BILL NO. 4139
February 04, 2021, Introduced by Reps. LaFave
and Filler and referred to the Committee on Judiciary.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 81122 (MCL 324.81122), as amended by 2013 PA 119.
the people of the state of michigan enact:
Sec. 81122. (1) A
person shall not operate an ORV that is not registered under the code upon a
street, county road, or highway, except as provided in section 81131 or under
the following conditions and circumstances:
(a) The operator of a vehicle may cross a street, county
road, or highway, other than a limited access highway, at a right angles,
for the purpose of getting from 1 area to another, angle, if the operation can be done in safety. The
operator shall bring the vehicle to a complete stop before proceeding across a
street, county road, or highway, and shall yield the right-of-way to oncoming
traffic. A person who violates this subdivision is
responsible for a state civil infraction and may be ordered to pay a civil fine
of not more than $150.00.
(b) A vehicle may be operated on a street, county road, or
highway for a special event of limited duration and conducted according to a prearranged
schedule only under permit from the governmental unit having jurisdiction.
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.
(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 a street, county
road, or highway while 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 or
when visibility is substantially reduced due to weather conditions. The
individual shall operate the ORV in the same manner and on the same portion of
the street, county road, or highway as required under section 81131(9). 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 street, county road, or 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 not less than 100 square inches.
(2) The department shall not require a permit under this part
merely for organized group recreational ORV riding on department lands, or for
an ORV event on the frozen surface of public waters, if conducted in compliance
with applicable statutes, rules, and orders. Within
90 days after the effective date of the amendatory act from the 2013-2014
legislative session that added this subsection, By December 24, 2014, the department shall develop
and establish, in consultation with representatives of the Michigan snowmobile
and trails advisory committee and other interested parties, policy criteria for
determining circumstances under which notice to the department or a permit is
required for ORV events on department lands.
(3) In a court action, in this state if competent evidence demonstrates that a vehicle that is permitted to operate on a highway pursuant to the code is in a collision on a roadway with an ORV that is not registered under the code, the operator of the ORV involved in the collision shall be considered prima facie negligent.