May 24, 2007, Introduced by Senators ALLEN, CLARKE, BIRKHOLZ and PAPPAGEORGE and referred to the Committee on Natural Resources and Environmental Affairs.
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 is in compliance
with the following:
(i) Except as provided in subparagraph (iii), for a snowmobile
manufactured after July 1, 1977, and sold or offered for sale in
this state, noise emission shall not exceed 78 decibels of sound
pressure
at 50 feet as measured under the 1974 2003 society of
automobile
engineers code J-192a J192a. This subdivision does
(ii) Except as provided in subparagraph (iii), for a stationary
vehicle, noise emission shall not exceed 88-dB, as measured using
the SAE J2567 stationary snowmobile sound test procedure.
(iii) Subparagraphs (i) and (ii) do not apply to a snowmobile
that
is being used in an organized race on a course which that is
used solely for racing.
(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.
(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.
(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.
(h) On or across a cemetery or burial ground.
(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.
(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 imposed in subsections (2)
and (3). 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) 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.
(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.
(4) Notwithstanding section 82101, as used in this section,
"operate" means to cause to function, run, or manage.
(5) A person shall not alter, deface, damage, or remove a
snowmobile trail sign or control device.
(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.