SB-0530, As Passed House, February 21, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 530

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 82126 (MCL 324.82126), as amended by 2003 PA 2.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 82126. (1) A person shall not operate a snowmobile under

any of the following circumstances:

     (a) At a rate of speed greater than is reasonable and proper

having due regard for conditions then existing.

     (b) In a forest nursery, planting area, or on public lands

posted or reasonably identifiable as an area of forest reproduction

when growing stock may be damaged or posted or reasonably

identifiable as a natural dedicated area that is in zone 2 or zone

3.

     (c) On the frozen surface of public waters as follows:

     (i) Within 100 feet of a person, including a skater, who is not

in or upon a snowmobile.

     (ii) Within 100 feet of a fishing shanty or shelter except at

the minimum speed required to maintain forward movement of the

snowmobile.

     (iii) On an area that has been cleared of snow for skating

purposes unless the area is necessary for access to the public

water.

     (d) Without a muffler in good working order and in constant

operation from which noise emission at 50 feet at right angles from

the vehicle path under full throttle does not exceed 86 DBA,

decibels on the "a" scale, on a sound meter having characteristics

defined by American standards association S1, 4-1966 "general

purpose sound meter". However, noise emission from a snowmobile

manufactured after July 1, 1977, and sold or offered for sale in

this state shall not exceed 78 decibels of sound pressure at 50

feet as measured under the 1974 society of automobile engineers

code J-192a. This subdivision does not apply to a snowmobile that

is being used in an organized race on a course which is used solely

for racing.

(d) (e) Within 100 feet of a dwelling between 12 midnight and

6 a.m., at a speed greater than the minimum required to maintain

forward movement of the snowmobile.

(e) (f) 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 under 1 or more of the following

circumstances:

     (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) For the conduct of necessary work functions involving land

and timber survey, communication and transmission line patrol, and

timber harvest operations.

     (v) On the person's own property or property under the

person's control or as an invited guest.

(f) (g) While transporting on the snowmobile a bow, unless

unstrung or encased, or a firearm, unless unloaded in both barrel

and magazine and securely encased.

(g) (h) On or across a cemetery or burial ground.

(h) (i) Within 100 feet of a slide, ski, or skating area

except when traveling on a county road right-of-way pursuant to

section 82119 or a snowmobile trail that is designated and funded

by the department. A snowmobile may enter such an area for the

purpose of servicing the area or for medical emergencies.

(i) (j) On a railroad or railroad right-of-way. This

prohibition does not apply to railroad personnel, public utility

personnel, law enforcement personnel while in the performance of

their duties, and persons using a snowmobile trail located on or

along a railroad right-of-way, or an at-grade snowmobile trail

crossing of a railroad right-of-way, that has been expressly

approved in writing by the owner of the right-of-way and each

railroad company using the tracks and that meets the conditions

Senate Bill No. 530 (H-3) as amended February 21, 2008

imposed in subsections (2) (3) and (3) (4). A snowmobile trail or

an at-grade snowmobile trail crossing shall not be constructed on a

right-of-way designated by the federal government as a high-speed

rail corridor.

     (2) Except as provided under subsection (3), a person shall

not operate a snowmobile unless the snowmobile is equipped with a

muffler in good working order and in constant operation from which

noise emission does not exceed either of the following:

     (a) For a snowmobile manufactured after July 1, 1977 and sold

or offered for sale in this state, 78 decibels at 50 feet, as

measured using the 2003 society of automotive engineers standard

J192.

     (b) For a stationary snowmobile manufactured after July 1,

1980 and sold or offered for sale in this state, 88 decibels, as

measured using the 2004 society of automotive engineers standard

J2567.

     (3) A person is exempt from the requirement of subsection (2)

under either of the following circumstances:

     (a) While operating a snowmobile during an organized race on a

course that is used solely for racing.

     (b) While operating a snowmobile on private property, with the

permission of the private property owner, in preparation for an

organized race[, if the operation of the snowmobile is in compliance with

 applicable local noise ordinances].

(4) (2) A snowmobile trail located on or along a railroad

right-of-way shall be constructed, operated, and maintained by a

person other than the person owning the railroad right-of-way and

the person operating the railroad, except that an at-grade

snowmobile trail crossing of a railroad right-of-way shall be

constructed and maintained by the person operating the railroad at

the sole cost and expense of the person operating the trail

connected by the crossing, pursuant to terms of a lease agreement

under which the person operating the trail agrees to do all of the

following:

     (a) Indemnify the person owning the railroad right-of-way and

the person operating the railroad against any claims associated

with, arising from, or incidental to the construction, maintenance,

operation, and use of the trail or at-grade snowmobile trail

crossing.

     (b) Provide liability insurance in the amount of $2,000,000.00

naming the person owning the railroad right-of-way and the person

operating the railroad as named insureds.

     (c) Meet any other obligations or provisions considered

appropriate by the person owning the railroad right-of-way or the

person operating the railroad including, but not limited to, the

payment of rent that the person owning the railroad right-of-way or

the person operating the railroad is authorized to charge under

this part and the meeting of all construction, operating, and

maintenance conditions imposed by the person owning the railroad

right-of-way and the person operating the railroad regarding the

snowmobile trail.

(5) (3) A snowmobile trail shall be clearly demarcated by

signing constructed and maintained at the sole cost and expense of

the grant program sponsor. The signing shall be placed at the outer

edge of the railroad right-of-way, as far from the edge of the

railroad tracks as possible, but and not closer than 20 feet from

the edge of the railroad tracks unless topography or other natural

or manmade features require the trail to lie within 20 feet of the

edge of the railroad tracks. The at-grade snowmobile trail crossing

of a railroad right-of-way shall be aligned at 90 degrees or as

close to 90 degrees as possible to the railroad track being

crossed, and shall be located where approach grades to the crossing

are minimal and where the vision of a person operating a snowmobile

will be unobstructed as he or she approaches the railroad tracks.

The design of the snowmobile trail, including the location of

signing, shall be included upon plan sheets by the person

constructing, operating, and maintaining the trail, and shall be

approved in writing by the person owning the right-of-way and the

person operating the railroad. Signing shall conform to

specifications issued by the department to its snowmobile trail

grant program sponsors.

(6) (4) Notwithstanding section 82101, as used in this

section, "operate" means to cause to function, run, or manage.

(7) (5) A person shall not alter, deface, damage, or remove a

snowmobile trail sign or control device.

(8) (6) Each person who participates in the sport of

snowmobiling accepts the risks associated with that sport insofar

as the dangers are obvious and inherent. Those risks include, but

are not limited to, injuries to persons or property that can result

from variations in terrain; surface or subsurface snow or ice

conditions; bare spots; rocks, trees, and other forms of natural

growth or debris; or collisions with signs, fences, or other

snowmobiles or snow-grooming equipment. Those risks do not include

injuries to persons or property that can result from the use of a

snowmobile by another person in a careless or negligent manner

likely to endanger person or property. When a snowmobile is

operated in the vicinity of a railroad right-of-way, each person

who participates in the sport of snowmobiling additionally assumes

risks including, but not limited to, entanglement with tracks,

switches, and ties and collisions with trains and other equipment

and facilities.

     (9) A person who violates this section is responsible for a

state civil infraction and shall be ordered to pay a civil fine of

not less than $100.00 or more than $250.00.