SENATE BILL No. 530

 

 

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.