Bill Text: MI HB4284 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Highways; local; off-road vehicle shoulder access on state trunk line highways; allow under certain circumstances. Amends sec. 81131 of 1994 PA 451 (MCL 324.81131).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-09-26 - Assigned Pa 117'13 With Immediate Effect [HB4284 Detail]
Download: Michigan-2013-HB4284-Engrossed.html
HB-4284, As Passed House, May 22, 2013
SUBSTITUTE FOR
HOUSE BILL NO. 4284
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 81131 and 81133 (MCL 324.81131 and 324.81133),
section 81131 as amended by 2011 PA 107 and section 81133 as
amended by 2012 PA 340.
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 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, to the legislative body of each township and
municipality located within the county, and, if state forestland is
located within the county, to the department.
(3) Subject to subsection (4), the legislative body of a
township
board of a township or
municipality 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 or municipality, respectively. Not less than 28 days
before
a public hearing on the ordinance, the township clerk of the
township or municipality shall send notice of the public hearing,
by certified mail, to the county road commission, to the
legislative body of every other township and municipality located
within the county, and, if state forestland is located within the
township or municipality, to the department. This subsection does
not apply to a township or municipality 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 or
municipality 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 legislative
body
of a township board of a township or municipality located in
an eligible county may adopt an ordinance to close a road located
in the township or municipality to the operation of ORVs under
subsection (2). The legislative body of a village may adopt an
ordinance to close a road located in the village to the operation
of ORVs otherwise authorized under subsection (3).
(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 (4), if a local unit of government
adopts
an ordinance pursuant to subsection (2), (3), or (5), or
(8), 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 the
shoulder of the state trunk line highway covered by the ordinance.
A person shall not operate an ORV pursuant to subsection (2), (3),
or
(5), or (8) 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.
(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 pursuant to subsection (2), (3), or
(5), or (8) 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), or (8)
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.
(8) If a local unit of government receives an authorization
from the state transportation department under this subsection, the
local unit of government may adopt an ordinance authorizing the
operation of ORVs on the shoulders of state trunk line highways
located within the local unit of government. Upon submission of a
request for authorization by a local unit of government, the state
transportation department may authorize the operation of ORVs on
the shoulders of state trunk line highways where the operation of
ORVs on the shoulders of state trunk line highways is necessary to
connect the shoulders of roads or other authorized routes upon
which ORVs are permitted to travel, or to otherwise complement
local ORV ordinances and transportation networks. The state
transportation department shall consider ease of use and the ORV
ordinances of the county within which the local unit of government
is located in determining whether to authorize the operation of
ORVs on the shoulders of state trunk line highways under this
subsection. The state transportation department shall issue a
decision on whether to authorize the operation of ORVs on the
shoulders of state trunk line highways no later than 60 days after
receiving a request for authorization from a local unit of
government. A county may submit a request for authorization under
this subsection to the state transportation department on behalf of
1 or more townships or municipalities located within that county.
(9) (8)
A person shall not operate an ORV 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 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.
(11) (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).
(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 pursuant to an ordinance adopted under
subsection
(2), (3), or (5), or (8), 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, a road or
street, 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, 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.
(16) (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.
Sec. 81133. 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.
(c) During the hours of 1/2 hour after sunset to 1/2 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(9).
(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 when the brake is
activated to the rear of the vehicle when 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 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 on which ORV
use
is authorized under section 81131(2), (3), or (5), or (8).
(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, 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, to remove from public land a deer, elk, or bear that has
been taken under a valid license; except for the conduct of
necessary work functions involving land and timber survey,
communication and transmission line patrol, and 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).
(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 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 on
which
ORV use is authorized under section 81131(2), (3), or (5), or
(8).
