HOUSE BILL No. 6244


     July 3, 2002, Introduced by Reps. LaSata, Adamini, Sheltrown, Howell, Bishop, Bradstreet, Neumann and Waters and referred to
the Committee on Conservation and Outdoor Recreation.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending section 82126 (MCL 324.82126), as amended by 1998 PA

   30.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 82126.  (1) A person shall not operate a snowmobile

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        under any of the following circumstances:

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             (a) At a rate of speed greater than is reasonable and proper

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        having due regard for conditions then existing.

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             (b) In a forest nursery, planting area, or ON public lands

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        posted or reasonably identifiable as an area of forest reproduc-

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        tion when growing stock may be damaged or posted or reasonably

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        identifiable as a natural dedicated area that is in zone 2 or

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        zone 3.




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             (c) On the frozen surface of public waters  within  AS

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        FOLLOWS:

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             (i) WITHIN 100 feet of a person, including a skater, WHO IS

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        not in or upon a snowmobile.  or within

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             (ii) WITHIN 100 feet of a fishing shanty or shelter except

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        at the minimum speed required to maintain forward movement of the

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        snowmobile.  or on

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             (iii) ON an area  which  THAT has been cleared of snow for

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        skating purposes unless the area is necessary for access to the

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        public water.

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             (d) Without a muffler in good working order and in constant

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        operation from which noise emission at 50 feet at right angles

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        from the vehicle path under full throttle does not exceed 86 DBA,

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        decibels on the "a" scale, on a sound meter having characteris-

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        tics defined by American standards association S1, 4-1966

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        "general purpose sound meter".   A  HOWEVER, NOISE EMISSION FROM

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        A snowmobile manufactured after July 1, 1977, and sold or offered

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        for sale in this state shall not exceed 78 decibels of sound

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        pressure at 50 feet as measured under the 1974 society of automo-

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        bile engineers code J-192a.  This subdivision does not apply to a

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        snowmobile that is being used in an organized race on a course

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        which is used solely for racing.

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             (e) Within 100 feet of a dwelling between 12 midnight and 6

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        a.m., at a speed greater than the minimum required to maintain

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        forward movement of the snowmobile.

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             (f) In an area on which public hunting is permitted during

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        the regular November firearm deer season from 7 a.m. to 11



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        a.m. and from 2 p.m. to 5 p.m., except  during  UNDER 1 OR MORE

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        OF THE FOLLOWING CIRCUMSTANCES:

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             (i) DURING an emergency.  , for

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             (ii) FOR law enforcement purposes.  , to

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             (iii) TO go to and from a permanent residence or a hunting

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        camp otherwise inaccessible by a conventional wheeled vehicle.  ,

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        or for

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             (iv) FOR the conduct of necessary work functions involving

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        land and timber survey, communication and transmission line

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        patrol, and timber harvest operations.  , or on

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             (v) ON the person's own property or property under the

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        person's control or as an invited guest.

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             (g) While transporting on the snowmobile a bow, unless

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        unstrung or encased, or a firearm, unless unloaded in both barrel

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        and magazine and securely encased.

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             (h) On or across a cemetery or burial ground.

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             (i) Within 100 feet of a slide, ski, or skating area except

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        when traveling on a country road right-of-way pursuant to section

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        82119 or a snowmobile trail that is designated and funded by the

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        department.  A snowmobile may enter such an area for the purpose

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        of servicing the area or for medical emergencies.

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             (j) On a railroad or railroad right-of-way.  This prohibi-

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        tion  shall  DOES not apply to railroad personnel, public utility

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        personnel, law enforcement personnel while in the performance of

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        their duties, and persons using a snowmobile trail located on or

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        along a railroad right-of-way, or an at-grade snowmobile trail

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        crossing of a railroad right-of-way,  which  THAT has been



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        expressly approved in writing by the owner of the right-of-way

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        and each railroad company using the tracks and  which  THAT meets

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        the conditions imposed in subsections (2) and (3).  A snowmobile

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        trail or an at-grade snowmobile trail crossing shall not be con-

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        structed on a right-of-way designated by the federal government

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        as a high-speed rail corridor.

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             (2) A snowmobile trail shall be constructed, operated, and

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        maintained by a person other than the person owning the railroad

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        right-of-way and the person operating the railroad, except  in

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        the case of  THAT an at-grade snowmobile trail crossing of a

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        railroad right-of-way  which  shall be constructed and maintained

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        by the person operating the railroad at the sole cost and expense

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        of the  persons  PERSON operating the trail connected by the

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        crossing, pursuant to terms of a lease agreement under which the

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        person operating the trail agrees to do all of the following:

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             (a) Indemnify the person owning the railroad right-of-way

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        and the person operating the railroad against any claims associ-

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        ated with,  or  arising from, or incidental to the construction,

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        maintenance, operation, and use of the trail or at-grade snowmo-

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        bile trail crossing.

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             (b) Provide liability insurance in the amount of

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        $2,000,000.00 naming the person owning the railroad right-of-way

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        and the person operating the railroad as named insureds.

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             (c) Meet any other obligations or provisions considered

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        appropriate by the person owning the railroad right-of-way or the

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        person operating the railroad including, but not limited to, the

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        payment of rent that the person owning the railroad right-of-way



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        or the person operating the railroad is authorized to charge

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        under this part and the meeting of all construction, operating,

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        and maintenance conditions imposed by the person owning the rail-

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        road right-of-way and the person operating the railroad regarding

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        the snowmobile trail.

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             (3)  The  A snowmobile trail shall be clearly demarcated by

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        signing  , which shall be  constructed and maintained at the sole

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        cost and expense of the grant program sponsor.  , and shall

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        occupy  THE SIGNING SHALL BE PLACED AT the outer edge of the

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        railroad right-of-way, as far from the edge of the railroad

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        tracks as possible, but  in any case  not closer than 20 feet

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        from the edge of the railroad tracks unless topography or other

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        natural or manmade features require the trail to lie within 20

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        feet of the edge of  those  THE railroad tracks.  The at-grade

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        snowmobile trail crossing of a railroad right-of-way shall be

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        aligned at 90 degrees or as close to 90 degrees as possible to

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        the railroad track being crossed, and shall be located where

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        approach grades to the crossing are minimal and where the vision

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        of a person operating a snowmobile will be unobstructed as he or

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        she approaches the railroad tracks.  The design of the SNOWMOBILE

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        trail, including the location of signing, shall be included upon

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        plan sheets by the person constructing, operating, and maintain-

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        ing the trail, and shall be approved in writing by the person

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        owning the right-of-way and the person operating the railroad.

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        Signing shall conform to specifications issued by the department

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        to its snowmobile trail grant program sponsors.





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             (4) Notwithstanding section 82101,  for purposes of  AS USED

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        IN this section, "operate" means to cause to function, run, or

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        manage.

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             (5) A person shall not alter, deface, damage, or remove a

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        snowmobile trail sign or control device.

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             (6) Each person who participates in the sport of snowmobil-

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        ing accepts the risks associated with that sport insofar as the

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        dangers are obvious and inherent.  Those risks include, but are

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        not limited to, injuries to persons or property that can result

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        from variations in terrain; surface or subsurface snow or ice

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        conditions; bare spots; rocks, trees, and other forms of natural

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        growth or debris; or collisions with signs, fences, or other

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        snowmobiles or snow-grooming equipment.  THOSE RISKS DO NOT

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        INCLUDE INJURIES TO PERSONS OR PROPERTY THAT CAN RESULT FROM THE

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        USE OF A SNOWMOBILE BY ANOTHER PERSON IN A CARELESS OR NEGLIGENT

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        MANNER LIKELY TO ENDANGER PERSON OR PROPERTY. When a snowmobile

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        is operated in the vicinity of a railroad right-of-way, each

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        person who participates in the sport of snowmobiling additionally

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        assumes risks including, but not limited to, entanglement with

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        tracks, switches, and ties and collisions with trains and other

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        equipment and facilities.















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