Bill Text: MI HB5693 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Vehicles; off-road; improperly crossing road or street; decriminalize. Amends sec. 81122 of 1994 PA 451 (MCL 324.81122).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2020-07-23 - Referred To Committee On Judiciary And Public Safety [HB5693 Detail]
Download: Michigan-2019-HB5693-Introduced.html
HOUSE BILL NO. 5693
March 17, 2020, Introduced by Reps. LaFave and
Filler and referred to the Committee on Judiciary.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 81122 (MCL 324.81122), as amended by 2013 PA 119.
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 a right
angles, for the purpose of getting
from 1 area to another, angle to the street, county road, or highway, 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. A person who violates this subdivision is responsible for a state
civil infraction and may be ordered to pay a civil fine of not more than $150.00.
(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 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 required under section 81131(9). 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 not 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, By December 24,
2014, 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.
