SB-0050, As Passed Senate, September 18, 2013

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 50

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 81101, 81115, 81122, 81129, 81133, and 81147

(MCL 324.81101, 324.81115, 324.81122, 324.81129, 324.81133, and

324.81147), section 81101 as amended by 2012 PA 246, sections

81115, 81129, and 81147 as amended by 2008 PA 240, section 81122 as

added by 1995 PA 58, and section 81133 as amended by 2012 PA 340;

and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 81101. As used in this part:

     (a) "ATV" means a 3-, 4-, or 6-wheeled vehicle with 3 or more

wheels that is designed for off-road use, that has low-pressure

tires, has a seat designed to be straddled by the rider, and is

powered by a 50cc to 1,000cc gasoline engine or an engine of

comparable size using other fuels.

     (b) "Code" means the Michigan vehicle code, 1949 PA 300, MCL

257.1 to 257.923.

     (c) "County road" means a county primary road or county local

road as described in section 5 of 1951 PA 51, MCL 247.655, or a

segment thereof.

(d) (c) "Dealer" means a person engaged in the sale, lease, or

rental of an ORV as a regular business or, for purposes of selling

licenses under section 81116, any other person authorized by the

department to sell licenses or permits, or both, under this act.

(e) (d) "Designated", unless the context implies otherwise,

means posted by the department, with appropriate signs, as open for

ORV use. with appropriate signs by the department.

(f) (e) "Farm vehicle" means either of the following:

     (i) An implement of husbandry as that term is defined in

section 21 of the Michigan vehicle code, 1949 PA 300, MCL 257.21.

     (ii) A vehicle used in connection with a farm operation as that

term is defined in section 2 of the Michigan right to farm act,

1981 PA 93, MCL 286.472.

(g) (f) "Forest road" means a hard surfaced road, gravel or

dirt road, or other route capable of travel by a 2-wheel drive, 4-

wheel conventional vehicle designed for highway use, except an

interstate, state, or county highway.road use. Forest road does not

include a street, county road, or highway.

(h) (g) "Forest trail" means a designated path or way capable

of travel only by a vehicle less than 50 inches in width.

(i) (h) "Highway" means the entire width between the boundary

lines of a way publicly maintained when any part of the way is open

to the use of the public for purposes of vehicular travel.a state

trunk line highway or a segment of a state trunk line highway.

(j) (i) "Highly restricted personal information" means an

individual's photograph or image, social security number, digitized

signature, and medical and disability information.

(k) (j) "Late model ORV" means an ORV manufactured in the

current model year or the 5 model years immediately preceding the

current model year.

     (l) "Local unit of government" means a county, township, or

municipality.

     (m) "Maintained portion" means the roadway and any shoulder of

a street, county road, or highway.

(n) (k) "Manufacturer" means a person, partnership,

corporation, or association engaged in the production and

manufacture of ORVs as a regular business.

     (o) "Municipality" means a city or village.

(p) (l) "Off-road vehicle account" means the off-road vehicle

account of the Michigan conservation and recreation legacy fund

established in section 2015.

(q) (m) "Operate" means to ride in or on, and be in actual

physical control of, the operation of an ORV.

(r) (n) "Operator" means a person an individual who operates

or is in actual physical control of the operation of an ORV.

(s) (o) "ORV" or, unless the context implies a different

meaning, "vehicle" means a motor-driven off-road recreation vehicle

capable of cross-country travel without benefit of a road or trail,

on or immediately over land, snow, ice, marsh, swampland, or other

natural terrain. ORV or vehicle includes, but is not limited to, a

A multitrack or multiwheel drive vehicle, an ATV, a motorcycle or

related 2-wheel vehicle, a 3-wheel, 4-wheel, or 6-wheel vehicle

with 3 or more wheels, an amphibious machine, a ground effect air

cushion vehicle, or other means of transportation deriving motive

power from a source other than muscle or wind. may be an ORV. An

ATV is an ORV. ORV or vehicle does not include a registered

snowmobile, a farm vehicle being used for farming, a vehicle used

for military, fire, emergency, or law enforcement purposes, a

vehicle owned and operated by a utility company or an oil or gas

company when performing maintenance on its facilities or on

property over which it has an easement, a construction or logging

vehicle used in performance of its common function, or a registered

aircraft.

(t) (p) "Owner" means any of the following:

     (i) A vendee or lessee of an ORV that is the subject of an

agreement for the conditional sale or lease of the ORV, with the

right of purchase upon performance of the conditions stated in the

agreement, and with an immediate right of possession vested in the

conditional vendee or lessee.

     (ii) A person renting an ORV, or having the exclusive use of an

ORV, for more than 30 days.

     (iii) A person who holds legal ownership of an ORV.

(u) (q) "Person with a disability" means a person an

individual who has 1 or more of the following physical

characteristics:

     (i) Blindness.

     (ii) Inability, during some time of the year, to ambulate more

than 200 feet without having to stop and rest. during any time of

the year.

     (iii) Loss of use of 1 or both legs or feet.

     (iv) Inability to ambulate without the prolonged use of a

wheelchair, walker, crutches, braces, or other device required to

aid mobility.

     (v) A lung disease from which the person's individual's

expiratory volume for 1 second, when measured by spirometry, is

less than 1 liter, or from which the person's individual's arterial

oxygen tension is less than 60 mm/hg of room air at rest.

     (vi) A cardiovascular disease from which the person measures

that causes the individual to measure between 3 and 4 on the New

York heart classification scale, or from which that results in a

marked limitation of physical activity causes by causing fatigue,

palpitation, dyspnea, or anginal pain.

     (vii) Other diagnosed disease or disorder including, but not

limited to, severe arthritis or a neurological or orthopedic

impairment that creates a severe mobility limitation.

(v) (r) "Personal information" means information that

identifies an individual, including an individual's driver

identification number, name, address not including zip code, and

telephone number, but does not include information on ORV operation

or equipment-related violations or civil infractions, operator or

vehicle registration status, accidents, or other behaviorally-

related information.

(w) (s) "Public agency" means the department or a local or

federal unit of government.

     (t) "Roadway" means that portion of a highway improved,

designated, or ordinarily used for vehicular travel. If a highway

includes 2 or more separate roadways, the term roadway refers to a

roadway separately, but not to all roadways collectively.

     (x) "Roadway" means the portion of a street, county road, or

highway improved, designed, or ordinarily used for travel by

vehicles registered under the code. Roadway does not include the

shoulder.

(y) (u) "Route" means a forest road or other road that is

designated for purposes of this part by the department.

(z) (v) "Safety chief instructor" means a person an individual

who has been certified by a nationally recognized ATV and ORV

organization to certify instructors and to do on-sight evaluations

of instructors.

     (aa) "Shoulder" means that portion of a street, county road,

or highway contiguous to the roadway and generally extending the

contour of the roadway, not designed for vehicular travel but

maintained for the temporary accommodation of disabled or stopped

motor vehicles otherwise permitted on the roadway.

     (bb) "Southern county" means Muskegon, Kent, Ionia, Clinton,

Shiawassee, Genesee, Lapeer, or Macomb county, or a county lying

south of the territory constituted by these counties.

     (cc) "Street" means a city or village major street or city or

village local street as described in section 9 of 1951 PA 51, MCL

247.659, or a segment thereof.

     (dd) "Traffic lane" means a clearly marked lane on a roadway.

     (ee) "Unmaintained portion" means the portion of a street,

county road, or highway that is not the maintained portion.

(ff) (w) "Visual supervision" means the direct observation of

the operator with the unaided or normally corrected eye, where the

observer is able to come to the immediate aid of the operator.

     Sec. 81115. (1) A Subject to subsection (2), a person shall

not operate an ORV under any of the following conditions unless the

ORV is licensed with the department or a dealer as provided under

this part:

     (a) Except as otherwise provided by law, on or over land,

snow, ice, or other natural terrain.

     (b) Except as otherwise provided in this part, on a forest

trail or in a designated area.

     (c) Except as otherwise provided in section 81102, on the

maintained portion of a road or street.On a street, county road, or

highway, except if the vehicle is registered under the code.

     (2) Licensure An ORV is not required for an to be licensed

under this part under any of the following circumstances:

     (a) The ORV is used exclusively in a safety and training

program comprehensive program for training as required in section

81129.

     (b) The ORV is operated solely on private property by the

owner of the property, a family member of the owner, or an invited

guest of the owner.

     (c) The ORV is being operated on a free ORV-riding day. The

department shall designate as free ORV-riding days each year a

Saturday and the following Sunday that are also designated as free

fishing days under section 43534. In addition, the department may

designate 1 other day or 2 other consecutive days each year as free

ORV-riding days. A person operating an unlicensed ORV during a free

ORV-riding day has the same privileges and is subject to the same

rules and regulations as a person operating an ORV licensed as

required under subsection (1).

     (d) If and to the extent the department waives the requirement

pursuant to a reciprocal agreement with another state.

     (3) The department is authorized to enter a reciprocal

agreement described in subsection (2)(d).

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

registered under the code upon a public highway, street, or right-

of-way of a public highway or 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 public 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 public

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. A 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 the

extreme right side of a roadway or highway right-of-way when it is

not practicable to operate off that roadway or highway right-of-

way. Such operation shall be limited to 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.

, or in a manner so as to interfere with traffic. 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

roadway 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 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) (2) In a court action in this state where if competent

evidence demonstrates that a vehicle that is permitted to operate

on a highway pursuant to the code is in a collision with an ORV 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), and

(18), 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 in his or her immediate possession an ORV safety certificate

issued pursuant to this part or a comparable ORV safety certificate

issued under the authority of another state or a province of

Canada.

     (2) Subject to subsection (18), (17), a parent or legal

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

child to operate a 4-wheeled ATV, 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), and (18), 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 in his or her immediate possession an ORV safety

certificate issued pursuant to this part or a comparable ORV safety

certificate issued under the authority of another state or a

province of Canada.

     (5) Subject to subsection (18), (17), the owner or person in

charge of a 4-wheeled ATV 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 a person who is

incompetent to operate the vehicle because of mental or physical

disability. except as provided in section 81131.

     (8) The department shall implement a comprehensive ORV

information, safety education, and training program that shall

include 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 provided under the

program 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 person it considers

qualified to provide course instruction and to award ORV safety

certificates.

     (11) The department may promulgate rules to implement

subsections (8) to (10) and (18).(17).

     (12) Subject to subsections (13), (14), and (17), and (18), 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 in his or her immediate possession an ORV safety

certificate issued pursuant to this section or a comparable ORV

safety certificate issued under the authority of another state or a

province of Canada.

     (13) Subject to subsection (18), (17), a child who is less

than 12 years of age shall not operate a 4-wheeled ATV, 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 (18), (17), when operating an ORV,

a child who is less than 16 years of age shall present the 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. or street. 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 street or operate on the right-

of-way or shoulder of roads and streets on which ORV use is

authorized pursuant to section 81131(2), (3), or (5) an ORV

pursuant to section 81131(9) if the operator has a valid 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 of possession or presentation of an ORV

safety certificate under this section does not apply until

implementation of the program for the vehicle proposed to be

operated required by subsection (8).

(17) (18) 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 a 4-wheeled ATV 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 ORV riders if another ORV rider

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, 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) (19) 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, 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 under this part or a comparable ORV safety certificate

issued under the authority of another state or a province of

Canada.

     (d) The type of ORV operated.

     (e) A description of the accident and injury.

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

submit to the legislature a report that summarizes reports received

under subsection (19) (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) (21) The requirements of this section are in addition to

any applicable requirements of section 81131(9).81131(13).

     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) Unless the individual 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 to either of the following:

     (i) The operator of or a passenger in a vehicle that is

equipped with a roof that meets or exceeds standards for a crash

helmet if the operator and each passenger is wearing a properly

adjusted and fastened safety belt.

     (ii) The operator of or a passenger in an ORV that is operated

on a state licensed game bird hunting preserve at a speed of not

greater than 10 miles per hour.

     (c) 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(8).81131(12).

     (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 from behind the vehicle

when the brake is activated, to the rear of the vehicle when 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.

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

except on roads, trails, or areas designated for this purpose; on

state owned other 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

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.

     (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 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.

     (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 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. , or on a roadway,

     (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. , or on a road or street

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

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

     (i) 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 damage caused through vehicle

operation in a manner so as to create 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.

     (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, or to remove from public land a deer, elk, or bear that

has been taken under a valid license; except for the to conduct of

necessary work functions involving land and timber survey,

communication and transmission line patrol, and or timber harvest

operations; or except on property owned or under control of the

operator or on which the operator is an invited guest. A hunter

removing game under this subdivision may 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 or a street,

county road, or highway. A person 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 through use of a designated trail or forest

road, is exempt from this subdivision. 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.

     (k) Except as otherwise provided in section 40111(3) or (4),

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 or

is being operated pursuant to section 81131(2), (3), or (5), or

(6).

     (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 provided for in 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 an animal, whether wild or domesticated.

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

     (r) In On public land, 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, 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. , or on a road or street

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

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

     (2) 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 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.

Sec. 81147. (1) Except as otherwise provided in this part, a

person who violates this part is guilty of a misdemeanor punishable

by imprisonment for not more than 90 days or a fine of not less

than $50.00 or more than $1,000.00, or both, for each violation.

     (2) A person who violates section 81133(e) 81133(1)(e) by

operating an ORV in such a manner as to create an erosive condition

or who violates section 81133(i) or (o) 81133(1)(i) or (o) is

guilty of a misdemeanor punishable by imprisonment for not more

than 90 days or a fine of not less than $250.00 or more than

$1,000.00, or both, for each violation.

     (3) A person who violates section 81105, 81107, 81115, 81116,

81121, 81130, or 81133(b), 81133(1)(b), (c), (d), (f), (g), (h),

(j), (l), or (m) is responsible for a state civil infraction and may

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

     (4) A person shall not remove, deface, or destroy a sign or

marker placed by the department indicating the boundaries of an ORV

trail or area or that marks a route.

     (5) In addition to the penalties otherwise provided under this

part, a court of competent jurisdiction may order a person to

restore, as nearly as possible, any land, water, stream bank,

streambed, or other natural or geographic formation damaged by the

violation of this part to the condition it was in before the

violation occurred.

     (6) The department or any other peace officer may impound the

ORV of a person who commits a violation of this part that is

punishable as a misdemeanor or who causes damage to the particular

area in which the ORV was used in the commission of the violation.

     (7) Upon conviction of a person for violation described in

subsection (5), (6), a court of competent jurisdiction may order

the ORV and any personal property on the ORV seized as a result of

the violation returned to the owner or, upon recommendation of the

local prosecuting attorney, turned over to the department. An ORV

or any other property turned over to the department under this

subsection shall be disposed of in the manner provided for

condemnation of property in part 16. The proceeds realized by the

department under this subsection shall first be used to restore

areas damaged by ORV use, with the balance to be deposited in the

off-road vehicle account.

     Enacting section 1. Sections 81102 and 81128 of the natural

resources and environmental protection act, 1994 PA 451, MCL

324.81102 and 324.81128, are repealed.