December 6, 2007, Introduced by Reps. Knollenberg, Shaffer, Wojno and Robertson and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1962 PA 199, entitled
"Ski area safety act of 1962,"
by amending sections 6a and 23 (MCL 408.326a and 408.343), as added
by 1981 PA 86, and by adding sections 6b and 23a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6a. Each ski area operator shall, with respect to
operation of a ski area, do all of the following:
(a) Equip each snow-grooming vehicle and any other authorized
vehicle ,
except a snowmobile, with a
flashing or rotating yellow
light conspicuously located on the vehicle, and operate the
flashing or rotating yellow light while the vehicle is moving on,
or in the vicinity of, a ski run. A snowmobile operated in a ski
area shall be operated with at least 1 operating white light
located on the front of the snowmobile and as otherwise provided in
section 6b.
(b) Mark with a visible sign or other warning device the
location of any hydrant or similar fixture or equipment used in
snow-making operations located on a ski run, as prescribed by rules
promulgated under section 20(3).
(c) Mark the top of or entrance to each ski run, slope, and
trail to be used by skiers for the purpose of skiing, with an
appropriate symbol indicating the relative degree of difficulty of
the run, slope, or trail, using a symbols code prescribed by rules
promulgated under section 20(3).
(d) Mark the top of or entrance to each ski run, slope, and
trail which is closed to skiing, with an appropriate symbol
indicating that the run, slope, or trail is closed, as prescribed
by rules promulgated under section 20(3).
(e) Maintain 1 or more trail boards at prominent locations in
each ski area displaying that area's network of ski runs, slopes,
and trails and the relative degree of difficulty of each ski run,
slope, and trail, using the symbols code required under subdivision
(c) and containing a key to that code, and indicating which runs,
slopes, and trails are open or closed to skiing.
(f) Place or cause to be placed, if snow-grooming or snow-
making operations or other maintenance operations are being
performed on a ski run, slope, or trail while the run, slope, or
trail is open to the public, a conspicuous notice at or near the
top of or entrance to the run, slope, or trail indicating that
those operations are being performed.
(g) Post the duties of skiers and passengers as prescribed in
sections 21 and 22 and the duties, obligations, and liabilities of
operators as prescribed in this section in and around the ski area
in conspicuous places open to the public.
(h) Use a visual or audible warning system to inform
individuals when a snowmobile is being operated in a ski area.
(i) (h)
Maintain the stability and
legibility of all required
signs, symbols, and posted notices.
Sec. 6b. All of the following apply to a snowmobile operated
on the ski slopes or ski trails in a ski area:
(a) The snowmobile shall, at a minimum, have all of the
following equipment:
(i) A siren.
(ii) One operating white headlight located on the front of the
snowmobile.
(iii) One operating red taillight located on the rear of the
snowmobile.
(iv) One flashing or rotating yellow light in a conspicuous
location on the snowmobile.
(v) One red fluorescent flag that is at least 40 square inches
in size and located at least 6 feet above the bottom of the tracks
of the snowmobile.
(vi) A brake system maintained in operable condition.
(b) The snowmobile shall be operated by an individual 18 years
of age or older who has received the training set forth in section
23a within the 1-year period preceding the date and time of
operation, as follows:
(i) At a reasonable and prudent speed given existing
conditions, but not exceeding 10 miles per hour.
(ii) With the siren and flashing or rotating yellow light
activated.
(c) The individual operating the snowmobile shall give right-
of-way to skiers and pedestrians at all times.
(d) A person other than an operator, or an employee or
contractual service provider of an operator, shall not operate a
snowmobile on a ski run, ski slope, or ski trail in a ski area that
is open to skiing.
(e) A person who is an operator, or an employee or contractual
service provider of an operator, shall operate a snowmobile only
within areas and pathways in the ski area reasonably designated and
demarcated by the operator for snowmobile use and operation.
Sec. 23. (1) A skier involved in an accident causing an injury
to another person shall to the extent that he or she is reasonably
able to do so immediately notify the ski patrol or the operator, or
law enforcement or emergency personnel, and shall clearly identify
himself
or herself. A skier who wilfully willfully fails to give
identification after involvement in a skiing accident with another
person, or a skier who is reasonably able to do so who fails to
notify the proper authorities or to obtain assistance when the
skier knows that another person involved in the accident is in need
of
medical or other assistance, is guilty of a misdemeanor ,
punishable
by imprisonment for not more than 30 days , or a fine of
not more than $100.00, or both.
(2) A skier involved in an accident causing an injury to
himself or herself, but not to another person, shall immediately
notify the ski patrol or the operator, or law enforcement or
emergency personnel, if the accident created a known hazardous
condition in the area where the accident occurred.
(3) An operator shall report to the board any injury occurring
in the ski area that causes death to any individual. The report
shall be made within 24 hours after the operator is notified that
the death occurred.
Sec. 23a. Each operator shall hold at least 1 employee
training session before the beginning of each ski season. The
training shall, at a minimum, include information regarding all of
the following as specified by the board:
(a) The safe operation of trail maintenance equipment in the
ski area for individuals who are responsible for trail maintenance.
(b) The methods to be used for summoning aid in case of an
emergency for individuals who are responsible for maintenance,
inspection, or patrol duties in the ski area.
(c) The safe operation and use of snowmobiles by an operator,
or an employee or contractual service provider of an operator, who
is engaged in an emergency response in the ski area.
(d) The designated areas in the ski area in which snowmobiles
may be used by an operator, or an employee or contractual service
provider of an operator, to respond to an emergency in the ski
area.