Bill Text: MI SB0627 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Vehicles; equipment; helmet requirement for all ORVs; waive if operator is operating ORV on his or her agricultural property. Amends sec. 81133 of 1994 PA 451 (MCL 324.81133).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-06-09 - Referred To Committee On Natural Resources And Environmental Affairs [SB0627 Detail]

Download: Michigan-2009-SB0627-Introduced.html

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SENATE BILL No. 627

 

 

June 9, 2009, Introduced by Senator JELINEK and referred to the Committee on Natural Resources and Environmental Affairs.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 81133 (MCL 324.81133), as amended by 2008 PA

 

365.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 81133. A person 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 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 either of the following

 

conditions is satisfied:

 

     (i) 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.

 

     (ii) The operator is operating the ORV on agricultural property

 

owned or leased by the operator or the parent or legal guardian of

 

the operator. As used in this subparagraph, "agricultural property"

 

means real property used for farming in any of its branches,

 

including cultivating soil; growing and harvesting any

 

agricultural, horticultural, or floricultural commodity; dairying;

 

raising livestock, bees, fish, fur-bearing animals, or poultry;

 

turf and tree farming; and performing any practices on a farm as an

 

incident to, or in conjunction with, these farming operations.

 

Agricultural property does not include property used for commercial

 

storage, processing, distribution, marketing, or shipping

 

operations.

 

     (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).

 

     (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 to 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 on which ORV

 

use is authorized pursuant to under section 81131(2), (3), or (5).

 

     (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 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 where 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 where 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 its operation is authorized under

 

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 pursuant to under section 81131(2),

 

(3), or (5).