SB-0161, As Passed Senate, May 18, 2005

SUBSTITUTE FOR

SENATE BILL NO. 161

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 82119 (MCL 324.82119), as added by 1995 PA 58.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 82119. (1) A person shall not operate a snowmobile upon a

public highway, land used as an airport or street, or on a public

or private parking lot not specifically designated for the use of

snowmobiles except under the following conditions and

circumstances:

     (a)  A Subject to subsection (2), a snowmobile may be

operated on the right-of-way of a public highway, except a limited

access highway, if it is operated at the extreme right of the open

portion of the right-of-way and with the flow of traffic on the

highway. However, a snowmobile may be operated on the right-of-way

of a public highway against the flow of traffic if the right-of-way

is a snowmobile trail that is designated by the department in the

plan developed pursuant to section 82106(2) and that is approved by

the state transportation department.  and the department.

Snowmobiles operated on the right-of-way of a public highway, as

provided in this subdivision, shall travel single file and shall

not be operated abreast except when overtaking and passing another

snowmobile. In the absence of a posted snowmobile speed limit, a

snowmobile operated on the right-of-way of a public highway, as

provided in this subdivision, shall  be limited to not exceed the

speed limit posted on the public highway.

(b) Subject to subsection (2), a snowmobile may be operated on

the right-of-way of a limited access public highway if it is

operated on a snowmobile trail that is designated by the department

in the plan developed pursuant to section 82106(2) and that is

approved by the state transportation department. A snowmobile shall

only be operated on that right-of-way in the manner provided in

that plan. In addition, a snowmobile operated on the right-of-way

of a public highway, as provided in this subdivision, shall travel

single file and shall not be operated abreast except when

overtaking and passing another snowmobile. In the absence of a

posted snowmobile speed limit, a snowmobile operated on the right-

of-way of a public highway, as provided in this subdivision, shall

not exceed the speed limit posted on the public highway.

(c)  (b)  A snowmobile may be operated on the roadway or

shoulder when necessary to cross a bridge or culvert if the

snowmobile is brought to a complete stop before entering onto the

roadway or shoulder and the driver yields the right-of-way to an

approaching vehicle on the highway.

(d)  (c)  In a court action in this state where competent

evidence demonstrates that a vehicle that is permitted to be

operated on a highway pursuant to the Michigan vehicle code,  Act

No. 300 of the Public Acts of 1949, being sections 257.1 to 257.923

of the Michigan Compiled Laws, is in a collision 1949 PA 300, MCL

257.1 to 257.923, collided with a snowmobile on a roadway, the

driver of the snowmobile involved in the collision shall be

considered prima facie negligent.

(e)  (d)  A snowmobile may be operated across a public highway

other than a limited access highway, at right angles to the

highway, for the purpose of getting from 1 area to another when the

operation can be done in safety and another vehicle is not crossing

the highway at the same time in the same general area. An operator

shall bring his or her snowmobile to a complete stop before

proceeding across the public highway and shall yield the right-of-

way to all oncoming traffic.

(f)  (e)  Snowmobiles may be operated on a highway in a county

road system that is not normally snowplowed for vehicular traffic

and on the plowed right-of-way or shoulder when no right-of-way

exists on a snowplowed highway in the county road system, outside

the corporate limits of a city or village, that is designated and

marked for snowmobile use by the county road commission having

jurisdiction. Upon the request of a county road commission that has

designated all county roads outside the corporate limits of a city

or village for snowmobile use, the state transportation department

shall erect at county road commission expense and shall maintain,

in accordance with the Michigan manual of uniform traffic control

devices standards, the basic snowmobile sign unit together with a

supplemental panel stating "permitted on right-of-way or shoulder

of all .......... (county name) roads --  -Act 74 of P.A. 1968 MCL

324.82119" at the county line on all state trunk line highways and

county roads. A sign erected before the effective date of the 2005

amendatory act that amended this section may cite 1968 PA 74

instead of citing this section.

(g)   (f)  A  duly constituted  law enforcement officer of a

local unit of government or the state may authorize use of a

snowmobile on a public highway or street within his or her

jurisdiction when an emergency occurs and conventional motor

vehicles cannot be used for transportation due to snow or other

extreme highway conditions.

(h)   (g)  A snowmobile may be operated on a highway or street

for a special event of limited duration conducted according to a

prearranged schedule only under permit from the governmental unit

having jurisdiction. The event may be conducted on the frozen

surface of public waters only under permit from the department.

(i)   (h)  A city or village by ordinance may designate 1 or

more specific public highways or streets within its jurisdiction as

egress and ingress routes for the use of snowmobiles. A city or

village acting under the authority of this subdivision shall erect

and maintain, in accordance with the Michigan manual of uniform

traffic control devices standards, a sign unit giving proper notice

of the designation.

(2) The state transportation department and the department of

natural resources may permanently prohibit snowmobile use as

described in subsection (1)(a) or (b) in a highway right-of-way if,

within 10 years after the effective date of the amendatory act that

added this subsection, all of the following requirements are met:

     (a) The right-of-way is designated in a closure plan developed

by the state transportation department and the department of

natural resources and approved by the state transportation

commission and the commission of natural resources.

     (b) The state transportation department and the department of

natural resources have held a public hearing on the proposed

prohibition in the county where the prohibition is to apply. The

state transportation department and the department of natural

resources shall give notice of the hearing by publication in a

newspaper of general circulation in the county not more than 21 or

less than 7 days before the hearing.

     (c) The state transportation department and the department

have consulted on the proposed prohibition with the snowmobile

advisory committee created under section 82102a.

     (d) Snowmobile use in that right-of-way poses a particular and

demonstrable threat to public safety.

     (e) The department has designated and, if required under

subsection (1)(a) or (b), the state transportation department has

approved an alternative snowmobile trail that meets all of the

following requirements:

     (i) Is open for use and functional during snowmobile season.

     (ii) Bypasses the highway right-of-way on which snowmobile use

is to be prohibited.

     (iii) Provides access to any qualified business that, when the

alternative snowmobile trail is designated, is located along the

highway right-of-way on which snowmobile use is to be prohibited.

As used in this subparagraph, "qualified business" means a gas

station, restaurant, hotel, motel, convenience store, or grocery

store or any other business that relies on snowmobile-based

commerce.

     (3) The state transportation department and the department of

natural resources may promulgate rules to implement subsections

(1)(b) and (2).