Bill Text: MI HB4846 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Vehicles; off-road; operation of off-road vehicles on far right of streets, roads, and highways; allow unless prohibited by local unit or MDOT. Amends secs. 81122, 81129, 81131 & 81133 of 1994 PA 451 (MCL 324.81122 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-08-16 - Bill Electronically Reproduced 07/12/2017 [HB4846 Detail]

Download: Michigan-2017-HB4846-Introduced.html

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HOUSE BILL No. 4846

 

 

July 12, 2017, Introduced by Rep. Roberts and referred to the Committee on Transportation and Infrastructure.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 81122, 81129, 81131, and 81133 (MCL 324.81122,

 

324.81129, 324.81131, and 324.81133), section 81122 as amended by

 

2013 PA 119, section 81129 as amended by 2013 PA 249, section 81131

 

as amended by 2013 PA 118, and section 81133 as amended by 2016 PA

 

288.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 81122. (1) A person shall not operate an ORV that is not

 

registered under the code upon a street, county road, or highway,

 

except as provided in section 81131 or under the following

 

conditions and circumstances:

 

     (a) The operator of a vehicle may cross a street, county road,

 

or highway, other than a limited access highway, at right angles,

 

for the purpose of getting from 1 area to another, if the operation

 

can be done in safety. The operator shall bring the vehicle to a

 

complete stop before proceeding across a street, county road, or

 

highway, and shall yield the right-of-way to oncoming traffic.

 

     (b) A vehicle may be operated on a street, county road, or

 

highway for a special event of limited duration and conducted

 

according to a prearranged schedule only under permit from the

 

governmental unit having jurisdiction. Subject to subsection (2), a

 

special event involving ORVs may be conducted on the frozen surface

 

of public waters only under permit from the department.

 

     (c) A farmer, employee of a farmer, or family member of a

 

farmer who is at least 16 years of age may operate an ORV on a any

 

street, county road, or highway while traveling to or from the

 

farmer's residence or work location or field during the course of

 

farming operations. An ORV shall not be operated pursuant to this

 

subdivision during the period of 30 minutes before sunset to 30

 

minutes after sunrise or when visibility is substantially reduced

 

due to weather conditions. The individual shall operate the ORV in

 

the same manner and on the same portion of the street, county road,

 

or highway as otherwise required under section 81131(9). 81131. The

 

state transportation department and all of its employees are immune

 

from tort liability for injury or damages sustained by any person

 

arising in any way by reason of the operation or use of an ORV for

 

the limited purposes allowed under this subdivision. An operator of

 

an ORV under this subdivision shall have attached to the ORV a flag

 

made of reflective material. The flag shall extend not less than 8

 

feet from the surface of the street, county road, or highway and

not less than 4 feet above the top of the ORV. The flag shall be

 

not less than 12 inches high by 18 inches long and not measure less

 

than 100 square inches.

 

     (2) The department shall not require a permit under this part

 

merely for organized group recreational ORV riding on department

 

lands, or for an ORV event on the frozen surface of public waters,

 

if conducted in compliance with applicable statutes, rules, and

 

orders. Within 90 days after the effective date of the amendatory

 

act from the 2013-2014 legislative session that added this

 

subsection, the The department shall develop and establish, in

 

consultation with representatives of the Michigan snowmobile and

 

trails advisory committee and other interested parties, policy

 

criteria for determining circumstances under which notice to the

 

department or a permit is required for ORV events on department

 

lands.

 

     (3) In a court action in this state, if competent evidence

 

demonstrates that a vehicle that is permitted to operate on a

 

highway pursuant to the code is in a collision on a roadway with an

 

ORV that is not registered under the code, the operator of the ORV

 

involved in the collision shall be considered prima facie

 

negligent.

 

     Sec. 81129. (1) Subject to subsections (2), (3), and (17), a

 

parent or legal guardian of a child less than 16 years of age shall

 

not permit the child to operate an ORV unless the child is under

 

the direct visual supervision of an adult and the child has an ORV

 

safety certificate in his or her immediate possession.

 

     (2) Subject to subsection (17), a parent or legal guardian of

a child less than 12 years of age shall not permit the child to

 

operate an ATV with 4 or more wheels unless the child is not less

 

than 10 years of age and is on private land owned by a parent or

 

legal guardian of the child. This subsection does not apply to the

 

operation of an ATV used in agricultural operations.

 

     (3) A parent or legal guardian of a child less than 16 years

 

of age shall not permit the child to operate a 3-wheeled ATV.

 

     (4) Subject to subsections (5), (6), and (17), the owner or

 

person in charge of an ORV shall not knowingly permit the vehicle

 

to be operated by a child less than 16 years of age unless the

 

child is under the direct visual supervision of an adult and the

 

child has an ORV safety certificate in his or her immediate

 

possession.

 

     (5) Subject to subsection (17), the owner or person in charge

 

of an ATV with 4 or more wheels shall not knowingly permit the

 

vehicle to be operated by a child less than 12 years of age unless

 

the child is not less than 10 years of age and is on private land

 

owned by a parent or legal guardian of the child. This subsection

 

does not apply to the operation of an ATV used in agricultural

 

operations.

 

     (6) The owner or person in charge of a 3-wheeled ATV shall not

 

knowingly permit the vehicle to be operated by a child less than 16

 

years of age.

 

     (7) The owner or person in charge of an ORV shall not

 

knowingly permit the vehicle to be operated by an individual who is

 

incompetent to operate the vehicle because of mental or physical

 

disability.

     (8) The department shall implement a comprehensive program for

 

the training of ORV operators and the preparation and dissemination

 

of ORV information and safety advice to the public. The program

 

shall provide for the training of youthful operators and for the

 

issuance of ORV safety certificates to those who successfully

 

complete the training and may include separate instruction for each

 

type of ORV.

 

     (9) In implementing a program under subsection (8), the

 

department shall cooperate with private organizations and

 

associations, private and public corporations, the department of

 

education, the department of state, and local governmental units.

 

The department shall consult with ORV and environmental

 

organizations and associations in regard to the subject matter of a

 

training program and performance testing that leads to

 

certification of ORV operators.

 

     (10) The department may designate a qualified individual to

 

provide course instruction and to award ORV safety certificates.

 

     (11) The department may promulgate rules to implement

 

subsections (8) to (10) and (17).

 

     (12) Subject to subsections (13), (14), and (17), a child who

 

is less than 16 years of age shall not operate an ORV unless the

 

child is under the direct visual supervision of an adult and the

 

child has an ORV safety certificate in his or her immediate

 

possession.

 

     (13) Subject to subsection (17), a child who is less than 12

 

years of age shall not operate an ATV with 4 or more wheels unless

 

the child is not less than 10 years of age and is on private land

owned by a parent or legal guardian of the child. This subsection

 

does not apply to the operation of an ATV used in agricultural

 

operations.

 

     (14) A child who is less than 16 years of age shall not

 

operate a 3-wheeled ATV.

 

     (15) Subject to subsection (17), when operating an ORV, a

 

child who is less than 16 years of age shall present the child's

 

ORV safety certificate to a peace officer upon demand.

 

     (16) Notwithstanding any other provision of this section, an

 

operator who is less than 12 years of age shall not cross a street,

 

county road, or highway. An operator who is not less than 12 years

 

of age but less than 16 years of age may cross a street, county

 

road, or highway or operate an ORV pursuant to section 81131(9)

 

81131 if the operator has an ORV safety certificate in his or her

 

immediate possession and meets any other requirements under this

 

section for operation of the vehicle.

 

     (17) The requirement that a child possess an ORV safety

 

certificate to operate an ORV, and the requirement that a child who

 

is less than 12 years of age not operate an ATV with 4 or more

 

wheels unless the child is not less than 10 years of age and is on

 

private land owned by a parent or legal guardian of the child, do

 

not apply if all of the following requirements are met:

 

     (a) The child is participating in an organized ORV riding or

 

racing event held on land not owned by this state.

 

     (b) The child's parent or legal guardian has provided the

 

event organizer with written permission for the child to

 

participate in the event.

     (c) The event organizer has not less than $500,000.00

 

liability insurance coverage for the event.

 

     (d) A physician or physician's assistant licensed or otherwise

 

authorized under part 170 or 175 of the public health code, 1978 PA

 

368, MCL 333.17001 to 333.17084 and 333.17501 to 333.17556, or a

 

paramedic or emergency medical technician licensed under part 209

 

of the public health code, 1978 PA 368, MCL 333.20901 to 333.20979,

 

is present at the site of the event or available on call.

 

     (e) The event is at all times under the direct visual

 

supervision of adult staff of the event organizer and a staff

 

member serves as a flagger to warn participants if another

 

participant is injured or an ORV is inoperable in the ORV operating

 

area.

 

     (f) Fencing or another means of crowd control is used to keep

 

spectators out of the ORV operating area.

 

     (g) If the event is on a closed course, dust is controlled in

 

the ORV operating area and the riding surface in the ORV operating

 

area is otherwise properly prepared.

 

     (h) Three-wheeled ATVs are not used by participants.

 

     (i) Any ATVs used by participants are equipped with a side

 

step bar or comparable safety equipment and with a tether kill

 

switch, and the tether is used by all participants.

 

     (j) Each participant in the event wears a crash helmet

 

approved by the United States department of transportation,

 

Department of Transportation, a protective long-sleeved shirt or

 

jacket, long pants, boots, and protective gloves.

 

     (k) Any other applicable requirements of this part or rules

promulgated under this part are met.

 

     (18) If a child less than 16 years of age participates and is

 

injured in an organized ORV riding or racing event, the organizer

 

of the event shall, within 30 days after the event, submit to the

 

department a report on a form developed by the department. The

 

report shall include all of the following information, as

 

applicable:

 

     (a) Whether any participant less than 16 years of age was

 

killed or suffered an injury resulting in transportation to a

 

hospital as a result of an ORV accident at the event.

 

     (b) The age of the child.

 

     (c) Whether the child had been issued an ORV safety

 

certificate.

 

     (d) The type of ORV operated.

 

     (e) A description of the accident and injury.

 

     (19) By December 31 of each year, the department shall submit

 

to the legislature a report that summarizes reports received under

 

subsection (18) during the preceding calendar year. In the report,

 

the department may recommend amendments to this part to improve the

 

safety of children less than 16 years of age participating in

 

organized ORV riding or racing events.

 

     (20) The requirements of this section are in addition to any

 

applicable requirements of section 81131(13).81131(10).

 

     Sec. 81131. (1) A municipality may pass an ordinance allowing

 

a permanently disabled person to operate an ORV in that

 

municipality.Subject to this section, an individual may operate an

 

ORV with the flow of traffic on the far right of the maintained

portion of a street or county road. Subject to this section, an

 

individual may operate an ORV on a highway, other than an

 

interstate highway, as follows:

 

     (a) With the flow of traffic.

 

     (b) Except as provided in subdivisions (c) and (d), on the

 

right shoulder of the highway.

 

     (c) Except as provided in subdivision (d), if there is not a

 

right shoulder or the right shoulder is not of adequate width, on

 

the right unmaintained portion of the highway.

 

     (d) On the far right of the right traffic lane of the highway,

 

if necessary to cross a bridge or culvert and if the operator

 

brings the ORV to a complete stop before entering the traffic lane

 

and yields the right-of-way to an approaching vehicle on that

 

traffic lane.

 

     (2) Subject to subsection (4), a A county board of

 

commissioners may adopt an ordinance authorizing prohibiting the

 

operation of ORVs on 1 or more county roads located within the

 

county. Not less than 45 days before a public hearing on the

 

ordinance, the county clerk shall send notice of the public

 

hearing, by certified mail, to the county road commission, to the

 

legislative body of each township and municipality located within

 

the county, to the state transportation department if the county

 

road intersects a highway, and, if state forestland is located

 

within the county, to the department. If the county is a southern

 

county, before adopting an ordinance under this subsection, the

 

county board of commissioners shall consult with the board of

 

county road commissioners.

     (3) Subject to subsection (4), the The legislative body of a

 

township or municipality may adopt an ordinance authorizing

 

prohibiting the operation of ORVs on 1 or more county roads located

 

within the township or municipality, respectively. Not less than 28

 

days before a public hearing on the ordinance, the clerk of the

 

township or municipality shall send notice of the public hearing,

 

by certified mail, to the county road commission, to the county

 

board of commissioners, to the legislative body of every other

 

township and municipality located within the county, to the state

 

transportation department if the county road intersects a highway,

 

and, if state forestland is located within the township or

 

municipality, to the department. If the township or municipality is

 

located in a southern county, before adopting an ordinance under

 

this subsection, the legislative body of the township or

 

municipality shall consult with the board of county road

 

commissioners. This subsection does not apply to a township or

 

municipality until 1 year after the effective date of the

 

amendatory act that first authorized the county in which that

 

township or municipality is located to adopt an ordinance under

 

subsection (2).added subdivisions (a) to (d) to subsection (1).

 

     (4) The board of county road commissioners may close a county

 

road to the operation of ORVs. otherwise authorized pursuant to

 

subsection (2) or (3). A county road commission shall not under

 

this subsection close more than 30% of the linear miles of county

 

roads located within the county to the operation of ORVs. otherwise

 

authorized pursuant to subsection (2) or (3). The legislative body

 

of a township or municipality may adopt an ordinance to close open

a county road located in the township or municipality to the

 

operation of ORVs otherwise authorized prohibited pursuant to

 

subsection (2) or this subsection. The legislative body of a

 

village may adopt an ordinance to close open a county road located

 

in the village to the operation of ORVs otherwise authorized

 

prohibited by the township pursuant to subsection (3). A county

 

road may be closed to the operation of ORVs under this subsection

 

only if necessary to protect the environment or if the operation of

 

ORVs poses a particular and demonstrable threat to public safety.

 

     (5) The legislative body of a municipality may adopt an

 

ordinance authorizing the operation of ORVs on 1 or more streets

 

within the municipality.

 

     (5) (6) The legislative body of a local unit of government may

 

request the state transportation department to authorize the local

 

unit of government to adopt an ordinance authorizing prohibiting

 

the operation of ORVs on a highway, other than an interstate

 

highway, located within the local unit of government. The request

 

shall describe how the authorization would meet the requirements of

 

subsection (7). The state transportation department shall solicit

 

comment on the request from the department, ORV clubs, and local

 

units of government where the highway is located. The state

 

transportation department shall consider comments received on the

 

request before making a decision on the request. The state

 

transportation department shall grant the request in whole or in

 

part or deny the request not more than 60 days after the request is

 

received. If the state transportation department grants a request

 

in whole or in part under this subsection, the local unit of

government that submitted the request may adopt an ordinance

 

authorizing prohibiting the operation of ORVs on the highway that

 

was the subject of the request. A county may submit a request for

 

authorization under this subsection on behalf of 1 or more local

 

units of government located within that county if requested by

 

those local units of government. Before January 1, 2015, the state

 

transportation department may authorize the operation of ORVs on a

 

highway as provided in this subsection and subsection (7) on the

 

department's initiative and without having received a request from

 

a local unit of government.

 

     (7) The state transportation department shall authorize

 

operation of an ORV under subsection (6) only on a highway that is

 

not an interstate highway and that meets 1 or more of the following

 

requirements:

 

     (a) Serves as a connector between ORV areas, routes, or trails

 

designated by the department or an ORV user group.

 

     (b) Provides access to tourist attractions, food service

 

establishments, fuel, motels, or other services.

 

     (c) Serves as a connector between 2 segments of the same

 

county road that run along discontinuous town lines and on which

 

ORV use is authorized pursuant to subsection (2) or (3).

 

     (d) Includes a bridge or culvert that allows an ORV to cross a

 

river, stream, wetland, or gully that is not crossed by a street or

 

county road on which ORVs are authorized to operate under

 

subsection (2), (3), or (5).

 

     (6) (8) The state transportation department may close open a

 

highway to the operation of ORVs otherwise authorized prohibited

pursuant to subsection (6) (5) after written notice to the clerk of

 

each local unit of government where the highway is located and the

 

senate and house committees with primary responsibility for natural

 

resources, recreation, and transportation. The notice shall be in

 

writing and sent by first-class United States mail or personally

 

delivered not less than 30 days before the adoption of the rule or

 

order closing opening the highway. The notice shall set forth

 

specific reasons for the closure.opening.

 

     (9) Subject to subsection (4), if a local unit of government

 

adopts an ordinance pursuant to subsection (2), (3), or (5), a

 

person may operate an ORV with the flow of traffic on the far right

 

of the maintained portion of the street or county road covered by

 

the ordinance. If the operation of ORVs on a highway is authorized

 

pursuant to subsection (6), a person may operate an ORV with the

 

flow of traffic as follows:

 

     (a) On the right shoulder of the highway.

 

     (b) If there is not a right shoulder or the right shoulder is

 

not of adequate width, on the right unmaintained portion of the

 

highway.

 

     (c) On the far right of the right traffic lane of the highway,

 

if necessary to cross a bridge or culvert and if the operator

 

brings the ORV to a complete stop before entering and yields the

 

right-of-way to an approaching vehicle on that traffic lane.

 

     (7) (10) A person shall not operate an ORV as authorized

 

pursuant to subsection (2), (3), (5), or (6) this section at a

 

speed greater than 25 miles per hour or a lower posted ORV speed

 

limit or in a manner that interferes with traffic on the street,

county road, or highway.

 

     (8) (11) Unless the person possesses a license as defined in

 

section 25 of the Michigan vehicle code, 1949 PA 300, MCL 257.25, a

 

person shall not operate an ORV as authorized pursuant to

 

subsection (2), (3), (5), or (6) this section if the ORV is

 

registered as a motor vehicle under chapter II of the Michigan

 

vehicle code, 1949 PA 300, MCL 257.201 to 257.259, and either is

 

more than 65 inches wide or has 3 wheels. ORVs operated as

 

authorized pursuant to subsection (2), (3), (5), or (6) this

 

section shall travel single file, except that an ORV may travel

 

abreast of another ORV when it is overtaking and passing, or being

 

overtaken and passed by, another ORV.

 

     (9) (12) A person An individual shall not operate an ORV as

 

authorized pursuant to this section without displaying a lighted

 

headlight and lighted taillight.

 

     (10) (13) A person An individual under 18 years of age shall

 

not operate an ORV as authorized pursuant to this section unless

 

the person individual is in possession of a valid driver license or

 

under the direct supervision of a parent or guardian and the person

 

individual has in his or her immediate possession an ORV safety

 

certificate issued to the individual pursuant to this part or a

 

comparable ORV safety certificate issued under the authority of

 

another state or a province of Canada. A person An individual under

 

12 years of age shall not operate an ORV as authorized pursuant to

 

this section. The requirements of this subsection are in addition

 

to any applicable requirements of section 81129.

 

     (11) (14) A township that has authorized the operation of ORVs

on a county road under subsection (3) does not have a duty to

 

maintain the maintained portion or unmaintained portion of the a

 

county road in a condition reasonably safe and convenient for the

 

operation of ORVs. This state does not have a duty to maintain a

 

highway in reasonable repair so that it is reasonably safe and

 

convenient for the operation of ORVs except ORVs registered and

 

operated as motor vehicles as provided in the code. A board of

 

county road commissioners, a county board of commissioners, or a

 

municipality does not have a duty to maintain the maintained

 

portion or unmaintained portion of a county road or street under

 

its jurisdiction in a condition reasonably safe and convenient for

 

the operation of ORVs, except the following ORVs:

 

     (a) ORVs registered and operated as motor vehicles as provided

 

in the code.

 

     (b) ORVs operated as authorized pursuant to subsection (1).

 

     (12) (15) Subject to section 5 of 1964 PA 170, MCL 691.1405,

 

this state, a board of county road commissioners, a county board of

 

commissioners, and a local unit of government are immune from tort

 

liability for injuries or damages sustained by any person arising

 

in any way out of the operation or use, on the maintained portion

 

or unmaintained portion of a highway, county road, or street, of an

 

ORV that is not registered under the code or that is registered

 

under the code but is operated as authorized pursuant to subsection

 

(2), (3), (5), or (6). this section. The immunity provided by this

 

subsection does not apply to actions of an employee of this state,

 

an employee of a board of county road commissioners, an employee of

 

a county board of commissioners, or an employee of a local unit of

government that constitute gross negligence. As used in this

 

subsection, "gross negligence" means conduct so reckless as to

 

demonstrate a substantial lack of concern for whether an injury

 

results.

 

     (13) (16) In a court action in this state, if competent

 

evidence demonstrates that a vehicle that is permitted to operate

 

on a county road, street, or highway pursuant to the code was in a

 

collision on a roadway with an ORV that is not registered under the

 

code, the operator of the ORV shall be considered prima facie

 

negligent.

 

     (14) (17) A violation of an ordinance described in this

 

section is a municipal civil infraction. The ordinance may provide

 

for a fine of not more than $500.00 for a violation of the

 

ordinance. In addition, the court shall order the defendant to pay

 

the cost of repairing any damage to the environment, a street,

 

county road, or highway, or public property as a result of the

 

violation.

 

     (15) (18) The treasurer of the local unit of government shall

 

deposit fines collected by that local unit of government under

 

section 8379 of the revised judicature act of 1961, 1961 PA 236,

 

MCL 600.8379, and subsection (17) (14) and damages collected under

 

subsection (17) (14) into a fund to be designated as the "ORV

 

fund". The legislative body of the local unit of government shall

 

appropriate revenue in the ORV fund as follows:

 

     (a) Fifty percent to the county sheriff or police department

 

responsible for law enforcement in the local unit of government for

 

ORV enforcement and training.

     (b) Fifty percent to the board of county road commissioners

 

or, in the case of a city or village, to the department responsible

 

for street maintenance in the city or village. However, if a fine

 

was collected for a violation of an ordinance adopted under

 

subsection (6), (5), 50% of the fine revenue shall be appropriated

 

to the state transportation department. Revenue appropriated under

 

this subdivision shall be used for repairing damage to streets,

 

county roads, or highways and the environment that may have been

 

caused by ORVs and for posting signs indicating ORV speed limits or

 

indicating whether streets, county roads, or highways are open or

 

closed to the operation of ORVs under this section.

 

     (19) A person who violates a rule promulgated or order issued

 

under subsection (6) is responsible for a state civil infraction

 

and may be ordered to pay a civil fine of not more than $500.00. In

 

addition, the court shall order the defendant to pay the cost of

 

repairing any damage to the environment, a highway, or public

 

property as a result of the violation.

 

     Sec. 81133. (1) An individual 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) 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(12).81131(9).

 

     (c) Unless the vehicle is 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 from

 

behind the vehicle when the brake is activated, if 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.

 

     (d) In a state game area or state park or recreation area,

 

except on county roads, trails, or areas designated for this

 

purpose, notwithstanding section 72118; on other state-owned lands

 

under the control of the department 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.

 

     (e) On the frozen surface of public waters within 100 feet of

 

an individual 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.

 

     (f) 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.

 

     (g) Within 100 feet of a dwelling at a speed greater than the

 

minimum required to maintain controlled forward movement of the

 

vehicle, except under any of the following circumstances:

 

     (i) On property owned by or under the operator's control or on

 

which the operator is an invited guest.

 

     (ii) On a forest road or forest trail if the forest road or

 

forest trail is maintained by or under the jurisdiction of the

 

department.

 

     (iii) On a street, county road, or highway on which ORV use is

authorized pursuant to section 81131(2), (3), (5), or (6).81131.

 

     (h) 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 caused by operation of the vehicle, including, but

 

not limited to, damage to trees, shrubs, or growing crops, injury

 

to other living creatures, or erosive or other ecological damage.

 

The owner of the private property may recover from the individual

 

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.

 

     (i) 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 as follows:

 

     (i) During an emergency.

 

     (ii) For law enforcement purposes.

 

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

 

camp otherwise inaccessible by a conventional wheeled vehicle.

 

     (iv) To remove legally harvested deer, bear, or elk from

 

public land. An individual shall operate an ORV under this

 

subparagraph at a speed not exceeding 5 miles per hour, using the

 

most direct route that complies with subdivision (n).

 

     (v) To conduct necessary work functions involving land and

 

timber survey, communication and transmission line patrol, or

 

timber harvest operations.

     (vi) On property owned or under control of the operator or on

 

which the operator is an invited guest.

 

     (vii) While operating a vehicle registered under the code on a

 

private road capable of sustaining automobile traffic or a street,

 

county road, or highway.

 

     (viii) If the individual holds a valid permit to hunt from a

 

standing vehicle issued under part 401 or is a person with a

 

disability using an ORV to access public lands for purposes of

 

hunting or fishing through use of a designated trail or forest

 

road. An individual holding a valid permit to hunt from a standing

 

vehicle issued under part 401, or a person with a disability 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 a

 

disability or an individual holding a permit to hunt from a

 

standing vehicle under part 401.

 

     (j) Except as otherwise provided in section 40111, 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.

 

     (k) On or across a cemetery or burial ground, or land used as

 

an airport.

 

     (l) 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 section 81131(2), (3), (5), or

 

(6).81131.

     (m) On an operating or nonabandoned railroad or railroad

 

right-of-way, or public utility right-of-way, other than except

 

under any of the following circumstances:

 

     (i) The ORV is operated for the purpose of crossing at a

 

clearly established site intended for vehicular traffic. , except

 

     (ii) The individual is railroad, public utility, or law

 

enforcement personnel while acting in performance of their his or

 

her duties. , and except if the

 

     (iii) The right-of-way is designated as provided for in

 

section 81127.

 

     (n) In or upon the waters of any stream, river, bog, wetland,

 

swamp, marsh, or quagmire except over a bridge, culvert, or similar

 

structure.

 

     (o) To hunt, pursue, worry, kill, or attempt to hunt, pursue,

 

worry, or kill an animal, whether wild or domesticated.

 

     (p) In a manner so as to leave behind litter or other debris.

 

     (q) On public land, in a manner contrary to operating

 

regulations.

 

     (r) 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.

     (s) While transporting any passenger in or upon an ORV unless

 

the manufacturing standards for the vehicle make provisions for

 

transporting passengers.

 

     (t) 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 under any of the following circumstances:

 

     (i) On a forest road or forest trail if the forest road or

 

forest trail is maintained by or under the jurisdiction of the

 

department.

 

     (ii) On a street, county road, or highway on which ORV use is

 

authorized under section 81131(2), (3), (5), or (6).81131.

 

     (u) On a forest trail if the ORV is greater than 50 inches in

 

width.

 

     (2) An individual who is operating or is a passenger on an ORV

 

shall wear a crash helmet and protective eyewear that are approved

 

by the United States Department of Transportation. This subsection

 

does not apply to any of the following:

 

     (a) An individual who owns the property on which the ORV is

 

operating, is a family member of the owner and resides at that

 

property, or is an invited guest of an individual who owns the

 

property. An exception under this subdivision does not apply to any

 

of the following:

 

     (i) An individual less than 16 years of age.

 

     (ii) An individual 16 or 17 years of age, unless the

 

individual has consent from his or her parent or guardian to ride

 

without a crash helmet.

     (iii) An individual participating in an organized ORV riding

 

or racing event if an individual who owns the property receives

 

consideration for use of the property for operating ORVs.

 

     (b) An individual wearing a properly adjusted and fastened

 

safety belt if the ORV is equipped with a roof that meets or

 

exceeds United States Department of Transportation standards for a

 

crash helmet.

 

     (c) An ORV operated on a state-licensed game bird hunting

 

preserve at a speed of not greater than 10 miles per hour.

 

     (3) Each person who participates in the sport of ORV riding

 

accepts the inherent risks associated with that sport. insofar as

 

the dangers are inherent. Those risks include, but are not limited

 

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

 

in terrain; defects in traffic lanes; surface or subsurface snow or

 

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

 

natural growth or debris; and collisions with fill material, decks,

 

bridges, signs, fences, trail maintenance equipment, or other ORVs.

 

Those risks do not include injuries to persons or property that

 

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 riding additionally assumes

 

risks including, but not limited to, entanglement with railroad

 

tracks, switches, and ties and collisions with trains and train-

 

related equipment and facilities.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.