Bill Text: MI HB4925 | 2011-2012 | 96th Legislature | Engrossed

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Bill Title: Natural resources; other; counties eligible to authorize off-road vehicles on road shoulders; extend to entire state and eliminate sunset. Amends sec. 81131 of 1994 PA 451 (MCL 324.81131).

Spectrum: Slight Partisan Bill (Republican 9-3)

Status: (Introduced - Dead) 2012-05-08 - Referred To Committee On Outdoor Recreation And Tourism [HB4925 Detail]

Download: Michigan-2011-HB4925-Engrossed.html

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HB-4925, As Passed House, May 2, 2012

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4925

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 81131 (MCL 324.81131), as amended by 2011 PA

 

107.

 

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 a 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 a 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 authorized

 

the county in which that township is located to adopt an ordinance

 

under subsection (1).

 

     (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 such

 

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 otherwise authorized pursuant to subsection (2) or (3). The A

 

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) Subject to subsection (4), 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.

 

     (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) 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 as authorized 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.

 

     (8) A person shall not operate an ORV as authorized 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 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.

 

     (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 operated as

 

authorized pursuant to 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) 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.

 

     (a) (b) "Local unit of government" means a county, township,

 

or municipality.

 

     (b) (c) "Municipality" means a city or village.

 

     (c) (d) "Road" means a county primary road or county local

 

road as described in section 5 of 1951 PA 51, MCL 247.655.

 

     (d) (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.