Bill Text: MI HB5615 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Vehicles; off-road; assumption of the risk of operation for ORV operation under certain circumstances; provide for, and revise penalties for certain ORV violations. Amends secs. 81133 & 81147 of 1994 PA 451 (MCL 324.81133 & 324.81147). TIE BAR WITH: HB 5612'12, HB 5613'12, HB 5614'12

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-10 - Printed Bill Filed 05/10/2012 [HB5615 Detail]

Download: Michigan-2011-HB5615-Introduced.html

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HOUSE BILL No. 5615

 

May 9, 2012, Introduced by Rep. Huuki and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 81133 and 81147 (MCL 324.81133 and 324.81147),

 

section 81133 as amended by 2008 PA 365 and section 81147 as

 

amended by 2008 PA 240.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 81133. (1) A person shall not operate an ORV as described

 

in any of the following:

 

     (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 person 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 if the vehicle is equipped with a roof

 

that meets or exceeds standards for a crash helmet and the operator

 

and each passenger is wearing a properly adjusted and fastened

 

safety belt.

 

     (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 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

 

a person 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, or highway

 

on which ORV use is authorized pursuant to under section 81131(2),

 

(3), or (5), or (7).

 

     (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 under 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 person 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 disabilities 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. A

 

person holding a valid permit to hunt from a standing vehicle

 

issued under part 401, or a person with disabilities 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 disabilities or a

 

person holding a permit to hunt from a standing vehicle under part

 

401.

 

     (k) 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 under section 81131(2), (3), or (5),

 

or (7).

 

     (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,

 

or highway on which ORV use is authorized pursuant to under section

 

81131(2), (3), or (5), or (7).

 

     (2) Each person who participates in the sport of ORV operation

 

accepts the risks associated with that sport insofar as the dangers

 

are obvious and inherent. Those risks include, but are not limited

 

to, injuries to persons or property that can result from variations

 

in terrain; surface or subsurface snow or ice conditions; bare

 

spots; rocks, trees, and other forms of natural growth or debris;

 

and collisions with signs, fences, or other ORVs or train

 

maintenance equipment. Those risks do not include injuries to

 

persons or property that can result from the use of an ORV by

 

another person in a careless or negligent manner likely to endanger

 

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 operation additionally assumes risks including, but not limited

 

to, entanglement with tracks, switches, and ties and collisions

 

with trains and other equipment and facilities.

 

     Sec. 81147. (1) Except as otherwise provided in this part, a

 

person who violates this part is guilty of a misdemeanor punishable

 

by imprisonment for not more than 90 days or a fine of not less

 

than $50.00 or more than $1,000.00, or both, for each violation.

 

     (2) A person who operates an ORV without wearing on his or her

 

head a crash helmet in violation of section 81133(1)(b) is

 

responsible for a state civil infraction and shall be fined not

 

less than $50.00 or more than $500.00 for each violation. This

 

subsection does not apply to a person while operating the ORV as a

 

farm vehicle or for property maintenance, including snow plowing.

 

     (3) Except as provided in subsection (4), a person who

 

operates an ORV in violation of section 81133(1)(e), (i), (l), (m),

 

or (n) is responsible for a state civil infraction and shall be

 

fined not less than $50.00 or more than $500.00 for each violation.

 

     (4) (2) A person who violates section 81133(e) 81133(1)(e) by

 

operating an ORV in such a manner as to create an erosive condition

 

or who violates section 81133(i) or (o) 81133(1)(o) is guilty of a

 

misdemeanor punishable by imprisonment for not more than 90 days or

 

a fine of not less than $250.00 or more than $1,000.00, or both,

 

for each violation.

 

     (5) (3) A person who violates section 81105, 81107, 81115,

 

81116, 81121, 81130, or 81133(b), (c), 81133(1)(c), (d), (f), (g),

 

(h), or (j) , (l), or (m) is responsible for a state civil

 

infraction and may be ordered to pay a civil fine of not more than

 

$500.00.

 

     (6) (4) A person shall not remove, deface, or destroy a sign

 

or marker placed by the department indicating the boundaries of an

 

ORV trail or area or that marks a route.

 

     (7) (5) In addition to the penalties otherwise provided under

 

this part, a court of competent jurisdiction may order a person to

 

restore, as nearly as possible, any land, water, stream bank,

 

streambed, or other natural or geographic formation damaged by the

 

violation of this part to the condition it was in before the

 

violation occurred.

 

     (8) (6) The department or any other peace officer may impound

 

the ORV of a person who commits a violation of this part that is

 

punishable as a misdemeanor or who causes damage to the particular

 

area in which the ORV was used in the commission of the violation.

 

     (9) (7) Upon conviction of a person for a violation described

 

in subsection (5) (7), a court of competent jurisdiction may order

 

the ORV and any personal property on the ORV seized as a result of

 

the violation returned to the owner or, upon recommendation of the

 

local prosecuting attorney, turned over to the department. An ORV

 

or any other property turned over to the department under this

 

subsection shall be disposed of in the manner provided for

 

condemnation of property in part 16. The proceeds realized by the

 

department under this subsection shall first be used to restore

 

areas damaged by ORV use, with the balance to be deposited in the

 

off-road vehicle account.

 

     Enacting section 1. This amendatory act takes effect October

 

1, 2012.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 96th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 5614(request no.

 

03046'11 a *).

 

     (b) Senate Bill No.____ or House Bill No. 5613(request no.

 

03046'11 b *).

 

     (c) Senate Bill No.____ or House Bill No. 5612(request no.

 

03046'11 c *).