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.