Bill Text: MI HB5510 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Vehicles; off-road; operating an off-road vehicle going to or from agricultural work; eliminate helmet requirement. Amends sec. 81133 of 1994 PA 451 (MCL 324.81133).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-02-06 - Bill Electronically Reproduced 02/01/2018 [HB5510 Detail]

Download: Michigan-2017-HB5510-Introduced.html

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HOUSE BILL No. 5510

 

 

February 1, 2018, 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 section 81133 (MCL 324.81133), as amended by 2016 PA

 

288.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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).

 

     (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 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) and (7).

 

     (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)

 

and (7).

     (m) 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.

 

     (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) and (7).

 

     (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.

 

     (d) A farm vehicle being driven to a location where it will be

 

used for farming or from a location where it was being used for

 

farming.

 

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

 

accepts the 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 a 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.