April 21, 2005, Introduced by Reps. Sheltrown, Brown, Cushingberry, Plakas, Adamini, Vagnozzi, Jones, Lemmons, Jr., Leland, Mayes and Lemmons, III and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 81133 (MCL 324.81133), as amended by 1998 PA
86.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 81133. (1) 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 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.
(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 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
Except as provided in
subsection (2), 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 which 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 July 98 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, Public Law
92-574. ,
86 Stat. 1234.
(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 an ORV access route as
authorized by local ordinance.
(i) In or upon the lands of another without the written
consent of the owner, owner's agent or 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, growing crops, or injury to living creatures or damage
caused through vehicle operation in a manner so as to create
erosive or other ecological damage to private property. 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 a deer, elk, or bear from public land which has
been taken under a valid license; or except for the conduct of
necessary work functions involving land and timber survey,
communication and transmission line patrol, and timber harvest
operations; or on property owned or under control of the operator
or on which the operator is an invited guest. A hunter removing
game pursuant
to under this subdivision shall be is allowed
to
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 pursuant to 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.
(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.
(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 established in in
compliance with 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 a bird or animal, 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 an ORV access route
as authorized by local ordinance.
(2) A person not less than 60 years of age or a person with
disabilities may operate an ATV on a nondesignated trail, route, or
area for pleasure or hunting or to access a designated trail,
route, or area.