Bill Text: MI HB5510 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Vehicles; off-road; operating an off-road vehicle going to or from agricultural work; eliminate helmet requirement. Amends sec. 81133 of 1994 PA 451 (MCL 324.81133).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-06 - Bill Electronically Reproduced 02/01/2018 [HB5510 Detail]
Download: Michigan-2017-HB5510-Introduced.html
HOUSE BILL No. 5510
February 1, 2018, Introduced by Rep. Roberts and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 81133 (MCL 324.81133), as amended by 2016 PA
288.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 81133. (1) 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) 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(12).
(c) Unless the vehicle is 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 from
behind the vehicle when the brake is activated, if 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.
(d) In a state game area or state park or recreation area,
except on roads, trails, or areas designated for this purpose,
notwithstanding section 72118; on other state-owned lands under the
control of the department 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.
(e) 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.
(f) 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.
(g) Within 100 feet of a dwelling at a speed greater than the
minimum required to maintain controlled forward movement of the
vehicle, except under any of the following circumstances:
(i) On property owned by or under the operator's control or on
which the operator is an invited guest.
(ii) On a forest road or forest trail if the forest road or
forest trail is maintained by or under the jurisdiction of the
department.
(iii) On a street, county road, or highway on which ORV use is
authorized pursuant to section 81131(2), (3), (5), or (6) and (7).
(h) 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 caused by operation of the vehicle, including, but
not limited to, damage to trees, shrubs, or growing crops, injury
to other living creatures, or 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.
(i) 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 as follows:
(i) During an emergency.
(ii) For law enforcement purposes.
(iii) To go to and from a permanent residence or a hunting
camp otherwise inaccessible by a conventional wheeled vehicle.
(iv) To remove legally harvested deer, bear, or elk from
public land. An individual shall operate an ORV under this
subparagraph at a speed not exceeding 5 miles per hour, using the
most direct route that complies with subdivision (n).
(v) To conduct necessary work functions involving land and
timber survey, communication and transmission line patrol, or
timber harvest operations.
(vi) On property owned or under control of the operator or on
which the operator is an invited guest.
(vii) While operating a vehicle registered under the code on a
private road capable of sustaining automobile traffic or a street,
county road, or highway.
(viii) If the individual holds a valid permit to hunt from a
standing vehicle issued under part 401 or is 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. 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.
(j) Except as otherwise provided in section 40111, 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.
(k) On or across a cemetery or burial ground, or land used as
an airport.
(l) 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), (5), or (6)
and (7).
(m) 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.
(n) In or upon the waters of any stream, river, bog, wetland,
swamp, marsh, or quagmire except over a bridge, culvert, or similar
structure.
(o) To hunt, pursue, worry, kill, or attempt to hunt, pursue,
worry, or kill an animal, whether wild or domesticated.
(p) In a manner so as to leave behind litter or other debris.
(q) On public land, in a manner contrary to operating
regulations.
(r) 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.
(s) While transporting any passenger in or upon an ORV unless
the manufacturing standards for the vehicle make provisions for
transporting passengers.
(t) 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 under any of the following circumstances:
(i) On a forest road or forest trail if the forest road or
forest trail is maintained by or under the jurisdiction of the
department.
(ii) On a street, county road, or highway on which ORV use is
authorized under section 81131(2), (3), (5), or (6) and (7).
(u) On a forest trail if the ORV is greater than 50 inches in
width.
(2) An individual who is operating or is a passenger on an ORV
shall wear a crash helmet and protective eyewear that are approved
by the United States Department of Transportation. This subsection
does not apply to any of the following:
(a) An individual who owns the property on which the ORV is
operating, is a family member of the owner and resides at that
property, or is an invited guest of an individual who owns the
property. An exception under this subdivision does not apply to any
of the following:
(i) An individual less than 16 years of age.
(ii) An individual 16 or 17 years of age, unless the
individual has consent from his or her parent or guardian to ride
without a crash helmet.
(iii) An individual participating in an organized ORV riding
or racing event if an individual who owns the property receives
consideration for use of the property for operating ORVs.
(b) An individual wearing a properly adjusted and fastened
safety belt if the ORV is equipped with a roof that meets or
exceeds United States Department of Transportation standards for a
crash helmet.
(c) An ORV operated on a state-licensed game bird hunting
preserve at a speed of not greater than 10 miles per hour.
(d) A farm vehicle being driven to a location where it will be
used for farming or from a location where it was being used for
farming.
(3) Each person who participates in the sport of ORV riding
accepts the risks associated with that sport insofar as the dangers
are inherent. Those risks include, but are not limited to, injuries
to persons or property that can result from variations in terrain;
defects in traffic lanes; surface or subsurface snow or ice
conditions; bare spots; rocks, trees, and other forms of natural
growth or debris; and collisions with fill material, decks,
bridges, signs, fences, trail maintenance equipment, or other ORVs.
Those risks do not include injuries to persons or property that
result from the use of an ORV by another person in a careless or
negligent manner likely to endanger a person or property. When an
ORV is operated in the vicinity of a railroad right-of-way, each
person who participates in the sport of ORV riding additionally
assumes risks including, but not limited to, entanglement with
railroad tracks, switches, and ties and collisions with trains and
train-related equipment and facilities.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
