SB-0574, As Passed Senate, June 19, 2003
SUBSTITUTE FOR
SENATE BILL NO. 574
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 81101, 81115, 81116, 81117, 81118, 81125,
81129, and 81130 (MCL 324.81101, 324.81115, 324.81116, 324.81117,
324.81118, 324.81125, 324.81129, and 324.81130), section 81101 as
amended by 1998 PA 86, sections 81115, 81117, 81118, 81125,
81129, and 81130 as added by 1995 PA 58, and section 81116 as
amended by 1995 PA 99.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 81101. As used in this part:
2 (a) "ATV" means a 3- or 4-wheeled vehicle designed for
3 off-road use that has low-pressure tires, has a seat designed to
4 be straddled by the rider, and is powered by a 50cc to 500cc
5 gasoline engine or an engine of comparable size using other
6 fuels.
1 (b) "Code" means the Michigan vehicle code, 1949 PA 300, MCL
2 257.1 to 257.923.
3 (c) "Dealer" means a person engaged in the sale, lease, or
4 rental of an ORV as a regular business or, for purposes of
5 selling licenses under section 81116, any other person authorized
6 by the department to sell licenses or permits, or both, under
7 this act.
8 (d) "Designated", unless the context implies otherwise, means
9 posted open for ORV use with appropriate signs by the
10 department.
11 (e) "Forest road" means a hard surfaced road, gravel or dirt
12 road, or other route capable of travel by a 2-wheel drive,
13 4-wheel conventional vehicle designed for highway use, except an
14 interstate, state, or county highway.
15 (f) "Forest trail" means a designated path or way capable of
16 travel only by a vehicle less than 50 inches in width.
17 (g) "Highway" means the entire width between the boundary
18 lines of a way publicly maintained when any part of the way is
19 open to the use of the public for purposes of vehicular travel.
20 (h) "Highly restricted personal information" means an
21 individual's photograph or image, social security number,
22 digitized signature, and medical and disability information.
23 (i) "Late model ORV" means an ORV manufactured in the current
24 model year or the 5 model years immediately preceding the current
25 model year.
26 (j) "Manufacturer" means a person, partnership, corporation,
27 or association engaged in the production and manufacture of ORVs
1 as a regular business.
2 (k) "Operate" means to ride in or on, and be in actual
3 physical control of, the operation of an ORV.
4 (l) "Operator" means a person who operates or is in actual
5 physical control of the operation of an ORV.
6 (m) "ORV" or "vehicle" means a motor driven off-road
7 recreation vehicle capable of cross-country travel without
8 benefit of a road or trail, on or immediately over land, snow,
9 ice, marsh, swampland, or other natural terrain. ORV or vehicle
10 includes, but is not limited to, a multitrack or multiwheel drive
11 vehicle, an ATV, a motorcycle or related 2-wheel, 3-wheel, or
12 4-wheel vehicle, an amphibious machine, a ground effect air
13 cushion vehicle, or other means of transportation deriving motive
14 power from a source other than muscle or wind. ORV or vehicle
15 does not include a registered snowmobile, a farm vehicle being
16 used for farming, a vehicle used for military, fire, emergency,
17 or law enforcement purposes, a vehicle owned and operated by a
18 utility company or an oil or gas company when performing
19 maintenance on its facilities or on property over which it has an
20 easement, a construction or logging vehicle used in performance
21 of its common function, or a registered aircraft.
22 (n) "Owner" means any of the following:
23 (i) A vendee or lessee of an ORV which is the subject of an
24 agreement for the conditional sale or lease of the ORV, with the
25 right of purchase upon performance of the conditions stated in
26 the agreement, and with an immediate right of possession vested
27 in the conditional vendee or lessee.
1 (ii) A person renting an ORV, or having the exclusive use of
2 an ORV, for more than 30 days.
3 (iii) A person who holds legal ownership of an ORV.
4 (o) "Person with disabilities" means a person who has 1 or
5 more of the following physical characteristics:
6 (i) Blindness.
7 (ii) Inability to ambulate more than 200 feet without having
8 to stop and rest during any time of the year.
9 (iii) Loss of use of 1 or both legs or feet.
10 (iv) Inability to ambulate without the prolonged use of a
11 wheelchair, walker, crutches, braces, or other device required to
12 aid mobility.
13 (v) A lung disease from which the person's expiratory volume
14 for 1 second, when measured by spirometry, is less than 1 liter,
15 or from which the person's arterial oxygen tension is less than
16 60 mm/hg of room air at rest.
17 (vi) A cardiovascular disease from which the person measures
18 between 3 and 4 on the New York heart classification scale, or
19 from which a marked limitation of physical activity causes
20 fatigue, palpitation, dyspnea, or anginal pain.
21 (vii) Other diagnosed disease or disorder including, but not
22 limited to, severe arthritis or a neurological or orthopedic
23 impairment that creates a severe mobility limitation.
24 (p) "Personal information" means information that identifies
25 an individual, including an individual's driver identification
26 number, name, address not including zip code, and telephone
27 number, but does not include information on ORV operation or
1 equipment-related violations or civil infractions, operator or
2 vehicle registration status, accidents, or other
3 behaviorally-related information.
4 (q) "Public agency" means the department or a local or
5 federal unit of government.
6 (r) "Roadway" means that portion of a highway improved,
7 designated, or ordinarily used for vehicular travel. If a
8 highway includes 2 or more separate roadways, the term roadway
9 refers to a roadway separately, but not to all roadways
10 collectively.
11 (s) "Route" means a forest road or other road that is
12 designated for purposes of this part by the department.
13 (t) "Safety education fund" means the safety education fund
14 created under section 81118.
15 (u) "Safety chief instructor" means a person who has been
16 certified by a nationally recognized ATV and ORV organization to
17 certify instructors and to do on-sight evaluations of
18 instructors.
19 (v) "Trail improvement fund" means the ORV trail improvement
20 fund created pursuant to section 81117.
21 (w) "Visual supervision" means the direct observation of the
22 operator with the unaided or normally corrected eye, where the
23 observer is able to come to the immediate aid of the operator.
24 Sec. 81115. (1) Beginning
April 1, 1991, except Except
25 as otherwise provided by law, an ORV shall not be operated on or
26 over land, snow, ice, marsh, swampland, or other natural terrain
27 unless licensed by the owner with the department or a dealer as
1 provided in this part. Except as otherwise provided in this
2 part, a vehicle operating on a forest trail or in a designated
3 area shall be licensed under this part.
4 (2) Licensure is not required for an ORV used exclusively in
5 a safety and training program as required in section 81129.
6 Sec. 81116. (1) The owner of an ORV requiring licensure
7 under this part shall file an application for a license with the
8 department or a dealer on forms provided by the department. If
9 an ORV is sold by a dealer, the application for a license shall
10 be submitted to the department by the dealer in the name of the
11 owner. The application shall be signed by the owner of the
12 vehicle , and
shall be accompanied by a fee of $8.00 beginning
13 April 1, 1993, $10.00
beginning April 1, 1995, and $16.25
14 beginning April 1, 1996
and thereafter $16.25. A
person shall
15 not file an application for registration that contains false
16 information. Upon receipt of the application in approved form
17 and upon payment of the appropriate fee, the department or dealer
18 shall issue to the applicant a license which shall be valid for
19 the 12-month period for which it is issued. A license shall be
20 issued for the 12-month period beginning April 1 and ending
21 March 31 each year.
22 (2) Dealers may purchase from the department ORV licenses for
23 resale to owners of vehicles requiring licensure under this
24 part. The department shall refund to dealers the purchase price
25 of any ORV licenses returned within 90 days after the end of the
26 12-month period for which they were valid. The dealer shall
27 maintain and provide to the department records of ORV license
1 sales on forms provided by the department. In addition to the
2 sale of ORV licenses, a dealer engaged in the sale, lease, or
3 rental of ORVs as a regular business may sell any other license
4 or permit authorized by the department to be sold by other
5 dealers under the statutes of this state.
6 (3) The license shall be permanently attached to the vehicle
7 in the manner prescribed and in the location designated by the
8 department before the vehicle may legally be operated in
9 accordance with this part.
10 (4) If at the time of sale the purchaser certifies on a form
11 provided by the department that the purchased vehicle otherwise
12 requiring a license under this part will be used and stored
13 outside of this state and will not be returned by the purchaser
14 to this state for use,
then a license will is not be
15 required.
16 Sec. 81117. (1) The ORV trail improvement fund is created
17 in the state treasury. The fund shall be administered by the
18 department and shall be used for the signing, improvement,
19 maintenance, and construction of ORV trails, routes, or areas;
20 for the administration and enforcement of this part; for the
21 leasing of land; for the acquisition of easements, permits, or
22 other agreements for the use of land for ORV trails, routes, or
23 areas; and for the restoration of any of the natural resources of
24 this state on public land that are damaged due to ORV use in
25 conjunction with the plan required by section 81123.
26 (2) Beginning
April 1, 1990, $6.00 of the revenue from each
27 fee collected under
section 81116 shall be deposited in the
1 fund. Except as provided in section 81118, beginning
April 1,
2 1993, all of the revenue from each fee collected under
section
3 81116 shall be deposited in the fund.
4 (3) The department may accept gifts, grants, or bequests from
5 any public or private source or from the federal, state, or a
6 local unit of government for the purposes of the fund.
7 (4) All funds allocated under this part shall be for projects
8 that are open to the public.
9 (5) Any money remaining in the ORV trail improvement fund at
10 the end of a fiscal year shall be carried over in the fund to the
11 next and succeeding fiscal years and shall only be used for the
12 purposes stated in this section.
13 (6) No money in
the ORV trail improvement fund may be
14 expended until the
comprehensive system for ORV use required by
15 section 81127 is
approved in the manner provided in section
16 81127.
17 Sec. 81118. (1) The safety education fund is created in the
18 state treasury. The fund shall be administered by the department
19 of education and shall be used for the purposes described in
20 sections 81129 and 81130.
21 (2) Beginning
April 1, 1991, $1.00 One dollar of the
22 revenue from each fee collected under section 81116 shall be
23 deposited in the safety education fund.
24 (3) The department of
education may accept gifts, grants,
25 or bequests from any public or private source or the federal,
26 state, or a local unit of government for the purposes of the
27 fund.
1 (4) Any money remaining in the safety education fund at the
2 end of a fiscal year shall be carried over in the fund to the
3 next and succeeding fiscal years and shall only be used for the
4 purposes stated in this section.
5 Sec. 81125. (1) The ORV trails advisory committee is
6 created within the department of natural resources.
7 (2) The advisory committee shall assist the department in
8 developing criteria for grants, nominate forest roads to be
9 included as ORV routes, nominate forest trails, assist the
10 department in promulgating rules, and assist the department in
11 developing the plan required by section 81123. The advisory
12 committee shall advise the department on recommendations made by
13 ORV users of forest trails, roads, and areas that should be
14 designated for ORV use.
15 (3) The advisory committee shall consist of 6 members
16 appointed by the director. Three of the members shall represent
17 ORV trail users and dealers. Two of the members shall represent
18 natural resources, conservation, or environmental groups. One
19 member shall represent law enforcement who shall be a county
20 sheriff. At least 1 member shall be from the Upper Peninsula of
21 this state. Members shall be appointed for terms of 3 years
22 except that of the members first appointed, 1 member from each
23 group and the member representing law enforcement shall be
24 appointed for 3 years and the balance of the members shall be
25 appointed for 2 years.
26 (4) The committee shall meet at least once each year.
27 (2) Not later
than January 1, 1998, the trails advisory
1 committee shall report
to the standing committees of the senate
2 and the house of
representatives that consider legislation
3 affecting this part on
the adequacy of funding for operation and
4 enforcement of this
part, any recommendations for changes in
5 these areas, and the
effectiveness of the safety education and
6 training program.
7 Sec. 81129. (1) Subject to subsections (2), (3), and (17),
8 a parent or legal guardian of a child less than 16 years of age
9 shall not permit the child to operate an ORV unless the child is
10 under the direct visual supervision of an adult and the child has
11 in his or her immediate possession an ORV safety certificate
12 issued pursuant to this part or a comparable ORV safety
13 certificate issued under the authority of another state or a
14 province of Canada.
15 (2) A parent or legal guardian of a child less than 12 years
16 of age shall not permit the child to operate a 4-wheeled ATV,
17 unless the child is not less than 10 years of age and is on
18 private land owned by a parent or legal guardian of the child.
19 This subsection does not apply to the operation of an ATV used in
20 agricultural operations.
21 (3) A parent or legal guardian of a child less than 16 years
22 of age shall not permit the child to operate a 3-wheeled ATV.
23 (4) Subject to subsections (5), (6), and (17), the owner or
24 person in charge of an ORV shall not knowingly permit the vehicle
25 to be operated by a child less than 16 years of age unless the
26 child is under the direct visual supervision of an adult and the
27 child has in his or her immediate possession an ORV safety
1 certificate issued pursuant to this part or a comparable ORV
2 safety certificate issued under the authority of another state or
3 a province of Canada.
4 (5) The owner or person in charge of a 4-wheeled ATV shall
5 not knowingly permit the vehicle to be operated by a child less
6 than 12 years of age, unless the child is not less than 10 years
7 of age and is on private land owned by a parent or legal guardian
8 of the child. This subsection does not apply to the operation of
9 an ATV used in agricultural operations.
10 (6) The owner or person in charge of a 3-wheeled ATV shall
11 not knowingly permit the vehicle to be operated by a child less
12 than 16 years of age.
13 (7) The owner or person in charge of an ORV shall not
14 knowingly permit the vehicle to be operated by a person who is
15 incompetent to operate the vehicle because of mental or physical
16 disability except as provided in section 81131.
17 (8) Not later
than April 1, 1995, the department of
18 education The department shall implement a comprehensive
ORV
19 information, safety education, and training program that shall
20 include the training of operators and the preparation and
21 dissemination of information and safety advice to the public.
22 The program shall provide for the training of youthful operators
23 and for the issuance of ORV safety certificates to those who
24 successfully complete the training provided under the program and
25 may include separate instruction for each type of ORV.
26 (9) In implementing a program that is established pursuant to
27 this section, the
department of education shall cooperate with
1 private organizations and associations, private and public
2 corporations, the
department of natural resources education,
3 the department of state, and local governmental units. The
4 department of
education shall consult with ORV and
5 environmental organizations and associations in regard to the
6 subject matter of a training program and performance testing that
7 leads to certification of ORV operators.
8 (10) The department of
education may designate a person it
9 considers qualified to provide course instruction and to award
10 ORV safety certificates.
11 (11) The department of
education may promulgate rules to
12 implement subsections (8) to (10).
13 (12) Subject to subsections (13), (14), and (17), a child who
14 is less than 16 years of age may operate an ORV if the child is
15 under the direct visual supervision of an adult and the child has
16 in his or her immediate possession an ORV safety certificate
17 issued pursuant to this section or a comparable ORV safety
18 certificate issued under the authority of another state or a
19 province of Canada.
20 (13) A child who is less than 12 years of age shall not
21 operate a 4-wheeled ATV, unless the child is not less than 10
22 years of age and is on private land owned by a parent or legal
23 guardian of the child. This subsection does not apply to the
24 operation of an ATV used in agricultural operations.
25 (14) A child who is less than 16 years of age shall not
26 operate a 3-wheeled ATV.
27 (15) When operating an ORV under subsection (12), a child
1 shall present the ORV safety certificate to a peace officer upon
2 demand.
3 (16) Notwithstanding any other provision of this section, an
4 operator who is under
less than 12 years of age shall not cross
5 a highway or street. An operator who is not less than 12 years
6 of age but less than 16 years of age may cross a highway or
7 street or operate on the right-of-way or shoulder of designated
8 access routes pursuant to section 81131 if the operator has a
9 valid ORV safety certificate in his or her immediate possession
10 and meets any other requirements under this section for operation
11 of the vehicle.
12 (17) The requirement of possession or presentation of an ORV
13 safety certificate under
this section shall not take effect
14 does not apply until implementation of the program for the
15 vehicle proposed to be operated
required by subsection (8). The
16 requirement of
possession or presentation of an ORV safety
17 certificate under this
section for operation of a 2-wheeled ORV
18 or an ATV type ORV
shall not take effect until March
1, 1996.
19 Sec. 81130. (1) A person who is under 16 years of age,
20 before operating an ATV or ORV, shall complete an ORV safety
21 education course approved
by the department. of education. This
22 course may include a written examination and a driving test
23 designed to test the competency of the applicant. Upon
24 successful completion of this safety education course, a person
25 shall receive an ORV safety certificate.
26 (2) A safety education course conducted by a college or
27 university, an intermediate school district, a local school
1 district, a law
enforcement agency, other or another
2 governmental agency
located in this state , or by a department
3 of education approved nonprofit service organization shall be
4 conducted in compliance with this section. An agency or a school
5 conducting a course under this subsection may apply to the
6 department for a grant from the fund for costs associated with
7 conducting a course.
8 (3) Except for a course conducted by a private business
9 enterprise as provided by subsection (4), an applicant for a
10 safety education course under this section shall pay not more
11 than a $25.00 course fee or in the case of a university or
12 community college a fee not more than the cost of 1 credit hour
13 of instruction. The course fees shall only be used for funding
14 the administration and implementation of the course.
15 (4) An ATV or ORV, or both, safety education course required
16 by this section and
approved by the department of education may
17 be conducted by a private business enterprise. A private
18 business enterprise may charge a course fee not to exceed the
19 cost of conducting the course.
20 (5) The superintendent
of public instruction director shall
21 designate a person to be the state coordinator of the ATV and ORV
22 safety education program. A person designated under this
23 subsection shall have successfully completed ATV and ORV safety
24 courses.
25 (6) The superintendent
of public instruction director shall
26 designate a person who has successfully completed ATV and ORV
27 safety courses to perform annual inspections of course sites.