SENATE BILL No. 68

 

 

January 24, 2013, Introduced by Senator HANSEN and referred to the Committee on Outdoor Recreation and Tourism.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 81101, 81129, and 81130 (MCL 324.81101,

 

324.81129, and 324.81130), section 81101 as amended by 2012 PA 246,

 

section 81129 as amended by 2008 PA 240, and section 81130 as

 

amended by 2004 PA 587.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 81101. As used in this part:

 

     (a) "ATV" means a 3-, 4-, or 6-wheeled vehicle with 3 or more

 

wheels that is designed for off-road use, that has low-pressure has

 

nonhighway tires, has a seat designed to be straddled by the rider,

 

is 50 inches or less in width, and is powered by a 50cc to 1,000cc

 

gasoline engine, or an engine of comparable size using other fuels,

 

or an electric motor of comparable power.

 

     (b) "Code" means the Michigan vehicle code, 1949 PA 300, MCL

 

257.1 to 257.923.

 

     (c) "Dealer" means a person engaged in the sale, lease, or

 

rental of an ORV as a regular business or, for purposes of selling

 

licenses under section 81116, any other person authorized by the

 

department to sell licenses or permits, or both, under this act.

 

     (d) "Designated", unless the context implies otherwise, means

 

posted as open for ORV use with appropriate signs by the

 

department.

 

     (e) "Farm vehicle" means either of the following:

 

     (i) An implement of husbandry as that term is defined in

 

section 21 of the Michigan vehicle code, 1949 PA 300, MCL 257.21.

 

     (ii) A vehicle used in connection with a farm operation as that

 

term is defined in section 2 of the Michigan right to farm act,

 

1981 PA 93, MCL 286.472.

 

     (f) "Forest road" means a hard surfaced road, gravel or dirt

 

road, or other route capable of travel by a 2-wheel drive, 4-wheel

 

conventional vehicle designed for highway use, except an

 

interstate, state, or county highway.

 

     (g) "Forest trail" means a designated path or way capable of

 

travel only by a vehicle less than 50 inches in width.

 

     (h) "Highway" means the entire width between the boundary

 

lines of a way publicly maintained when any part of the way is open

 

to the use of the public for purposes of vehicular travel.

 

     (i) "Highly restricted personal information" means an

 

individual's photograph or image, social security number, digitized

 

signature, and medical and disability information.

 

     (j) "Late model ORV" means an ORV manufactured in the current

 

model year or the 5 model years immediately preceding the current

 

model year.

 

     (k) "Manufacturer" means a person, partnership, corporation,

 

or association engaged in the production and manufacture of ORVs as

 

a regular business.

 

     (l) "Off-road vehicle account" means the off-road vehicle

 

account of the Michigan conservation and recreation legacy fund

 

established in section 2015.

 

     (m) "Operate" means to ride in or on, and be in actual

 

physical control of, the operation of an ORV.

 

     (n) "Operator" means a person an individual who operates or is

 

in actual physical control of the operation of an ORV.

 

     (o) "ORV" or, unless the context implies a different meaning,

 

"vehicle" means a motor-driven off-road recreation vehicle capable

 

of designed primarily for cross-country travel without benefit of a

 

road or trail, on or immediately over land, snow, ice, marsh,

 

swampland, or other natural terrain. ORV or vehicle includes, but

 

is not limited to, a A multitrack or multiwheel drive vehicle, an

 

ATV, a motorcycle or related 2-wheel vehicle, a 3-wheel, 4-wheel,

 

or 6-wheel vehicle, an amphibious machine, a ground effect air

 

cushion vehicle, or other means of transportation deriving motive

 

power from a source other than muscle or wind. may be an ORV. An

 

ATV or ROV is an ORV. ORV or vehicle does not include a registered

 

snowmobile, a farm vehicle being used for farming, a vehicle used

 

for military, fire, emergency, or law enforcement purposes, a

 

vehicle owned and operated by a utility company or an oil or gas

 

company when performing maintenance on its facilities or on

 

property over which it has an easement, a construction or logging

 

vehicle used in performance of its common function, or a registered

 

aircraft.

 

     (p) "ORV safety certificate" means an ORV safety certificate

 

issued under section 81130 or, except as used in section 81130, a

 

comparable safety certificate issued under the authority of another

 

state or a province of Canada.

 

     (q) (p) "Owner" means any of the following:

 

     (i) A vendee or lessee of an ORV that is the subject of an

 

agreement for the conditional sale or lease of the ORV, with the

 

right of purchase upon performance of the conditions stated in the

 

agreement, and with an immediate right of possession vested in the

 

conditional vendee or lessee.

 

     (ii) A person renting an ORV, or having the exclusive use of an

 

ORV, for more than 30 days.

 

     (iii) A person who holds legal ownership of an ORV.

 

     (r) (q) "Person with a disability" means a person an

 

individual who has 1 or more of the following physical

 

characteristics:

 

     (i) Blindness.

 

     (ii) Inability, during some time of the year, to ambulate more

 

than 200 feet without having to stop and rest. during any time of

 

the year.

 

     (iii) Loss of use of 1 or both legs or feet.

 

     (iv) Inability to ambulate without the prolonged use of a

 

wheelchair, walker, crutches, braces, or other device required to

 

aid mobility.

 

     (v) A lung disease from which the person's individual's

 

expiratory volume for 1 second, when measured by spirometry, is

 

less than 1 liter, or from which the person's individual's arterial

 

oxygen tension is less than 60 mm/hg of room air at rest.

 

     (vi) A cardiovascular disease from which the person measures

 

that causes the individual to measure between 3 and 4 on the New

 

York heart classification scale, or from which that results in a

 

marked limitation of physical activity causes by causing fatigue,

 

palpitation, dyspnea, or anginal pain.

 

     (vii) Other diagnosed disease or disorder including, but not

 

limited to, severe arthritis or a neurological or orthopedic

 

impairment that creates a severe mobility limitation.

 

     (s) (r) "Personal information" means information that

 

identifies an individual, including an individual's driver

 

identification number, name, address not including zip code, and

 

telephone number, but does not include information on ORV operation

 

or equipment-related violations or civil infractions, operator or

 

vehicle registration status, accidents, or other behaviorally-

 

related information.

 

     (t) (s) "Public agency" means the department or a local or

 

federal unit of government.

 

     (u) (t) "Roadway" means that portion of a highway improved,

 

designated, or ordinarily used for vehicular travel. If a highway

 

includes 2 or more separate roadways, the term roadway refers to a

 

roadway separately, but not to all roadways collectively.

 

     (v) (u) "Route" means a forest road or other road that is

 

designated for purposes of this part by the department.

 

     (w) "ROV" means a vehicle with 4 or more wheels that is

 

designed for off-road use, has nonhighway tires, is more than 50

 

inches but not more than 65 inches in width, and is powered by a

 

50cc to 1,000cc gasoline engine, an engine of comparable size using

 

other fuels, or an electric motor of comparable power.

 

     (x) (v) "Safety chief instructor" means a person an individual

 

who has been certified by a nationally recognized ATV and ORV

 

organization to certify instructors and to do on-sight evaluations

 

of instructors.

 

     (y) (w) "Visual supervision" means the direct observation of

 

the operator with the unaided or normally corrected eye, where the

 

observer is able to come to the immediate aid of the operator.

 

     Sec. 81129. (1) Subject to subsections (2), (3), (17), and

 

(18), a parent or legal guardian of a child who is less than 16

 

years of age shall not permit the child to operate an ORV unless

 

the child is under the direct visual supervision of an adult and

 

the child has an ORV safety certificate in his or her immediate

 

possession. an ORV safety certificate issued pursuant to this part

 

or a comparable ORV safety certificate issued under the authority

 

of another state or a province of Canada.

 

     (2) Subject to subsection (18), a parent or legal guardian of

 

a child who is less than 12 years of age shall not permit the child

 

to operate a 4-wheeled ATV , or 4-wheeled ROV unless the child is

 

not less than 10 years of age and is on private land owned by a

 

parent or legal guardian of the child. This subsection does not

 

apply to the operation of an ATV or ROV used in agricultural

 

operations.

 

     (3) A parent or legal guardian of a child who is less than 16

 

years of age shall not permit the child to operate a 3-wheeled ATV.

 

     (4) Subject to subsections (5), (6), (17), and (18), the owner

 

or person in charge of an ORV shall not knowingly permit the

 

vehicle to be operated by a child who is less than 16 years of age

 

unless the child is under the direct visual supervision of an adult

 

and the child has an ORV safety certificate in his or her immediate

 

possession. an ORV safety certificate issued pursuant to this part

 

or a comparable ORV safety certificate issued under the authority

 

of another state or a province of Canada.

 

     (5) Subject to subsection (18), the owner or person in charge

 

of a 4-wheeled ATV or 4-wheeled ROV shall not knowingly permit the

 

vehicle to be operated by a child who is less than 12 years of age

 

, unless the child is not less than 10 years of age and is on

 

private land owned by a parent or legal guardian of the child. This

 

subsection does not apply to the operation of an ATV or ROV used in

 

agricultural operations.

 

     (6) The owner or person in charge of a 3-wheeled ATV shall not

 

knowingly permit the vehicle to be operated by a child less than 16

 

years of age.

 

     (7) The owner or person in charge of an ORV shall not

 

knowingly permit the vehicle to be operated by a person an

 

individual who is incompetent to operate the vehicle because of

 

mental or physical disability. except as provided in section 81131.

 

     (8) The department shall implement a comprehensive ORV

 

information, safety education, and training program that shall

 

include includes the training of operators and the preparation and

 

dissemination of information and safety advice to the public. The

 

program shall provide for the training of youthful operators and

 

for the issuance of ORV safety certificates to those who

 

successfully complete the training provided under the program and

 

may include separate instruction for each type of ORV.

 

     (9) In implementing a program under subsection (8), the

 

department shall cooperate with private organizations and

 

associations, private and public corporations, the department of

 

education, the department of state, and local governmental units.

 

The department shall consult with ORV and environmental

 

organizations and associations in regard to the subject matter of a

 

training program and performance testing that leads to

 

certification of ORV operators.

 

     (10) The department may designate a person it considers

 

qualified individual to provide course instruction and to award ORV

 

safety certificates.

 

     (11) The department may promulgate rules to implement

 

subsections (8) to (10) and (18).

 

     (12) Subject to subsections (13), (14), (17), and (18), a

 

child who is less than 16 years of age shall not operate an ORV

 

unless the child is under the direct visual supervision of an adult

 

and the child has an ORV safety certificate in his or her immediate

 

possession. an ORV safety certificate issued pursuant to this

 

section or a comparable ORV safety certificate issued under the

 

authority of another state or a province of Canada.

 

     (13) Subject to subsection (18), a child who is less than 12

 

years of age shall not operate a 4-wheeled ATV , or 4-wheeled ROV

 

unless the child is not less than 10 years of age and is on private

 

land owned by a parent or legal guardian of the child. This

 

subsection does not apply to the operation of an ATV or ROV used in

 

agricultural operations.

 

     (14) A child who is less than 16 years of age shall not

 

operate a 3-wheeled ATV.

 

     (15) Subject to subsection (18), when operating an ORV, a

 

child who is less than 16 years of age shall present the ORV safety

 

certificate to a peace officer upon demand.

 

     (16) Notwithstanding any other provision of this section, an

 

operator who is less than 12 years of age shall not cross a highway

 

or street. An operator who is not less than 12 years of age but

 

less than 16 years of age may cross a highway or street or operate

 

on the right-of-way or shoulder of roads and streets on which ORV

 

use is authorized pursuant to section 81131(2), (3), or (5) if the

 

operator has a valid an ORV safety certificate in his or her

 

immediate possession and meets any other requirements under this

 

section for operation of the vehicle.

 

     (17) The requirement of possession or presentation of an ORV

 

safety certificate under this section does not apply until

 

implementation of the program for the vehicle proposed to be

 

operated required by subsection (8).

 

     (18) The requirement that a child possess an ORV safety

 

certificate to operate an ORV, and the requirement that a child who

 

is less than 12 years of age not operate a 4-wheeled ATV or 4-

 

wheeled ROV unless the child is not less than 10 years of age and

 

is on private land owned by a parent or legal guardian of the

 

child, do not apply if all of the following requirements are met:

 

     (a) The child is participating in an organized ORV riding or

 

racing event held on land not owned by this state.

 

     (b) The child's parent or legal guardian has provided the

 

event organizer with written permission for the child to

 

participate in the event.

 

     (c) The event organizer has not less than $500,000.00

 

liability insurance coverage for the event.

 

     (d) A physician or physician's assistant licensed or otherwise

 

authorized under part 170 or 175 of the public health code, 1978 PA

 

368, MCL 333.17001 to 333.17084 and 333.17501 to 333.17556, or a

 

paramedic or emergency medical technician licensed under part 209

 

of the public health code, 1978 PA 368, MCL 333.20901 to 333.20979,

 

is present at the site of the event or available on call.

 

     (e) The event is at all times under the direct visual

 

supervision of adult staff of the event organizer and a staff

 

member serves as a flagger to warn ORV riders participants if

 

another ORV rider participant is injured or an ORV is inoperable in

 

the ORV operating area.

 

     (f) Fencing or another means of crowd control is used to keep

 

spectators out of the ORV operating area.

 

     (g) If the event is on a closed course, dust is controlled in

 

the ORV operating area and the riding surface in the ORV operating

 

area is otherwise properly prepared.

 

     (h) Three-wheeled ATVs are not used by participants.

 

     (i) Any ATVs ORVs used by participants are equipped with a

 

side step bar or comparable safety equipment and with a tether kill

 

switch, and the tether is used by all participants.

 

     (j) Each participant in the event wears a crash helmet

 

approved by the United States department of transportation, a

 

protective long-sleeved shirt or jacket, long pants, boots, and

 

protective gloves.

 

     (k) Any other applicable requirements of this part or rules

 

promulgated under this part are met.

 

     (19) If a child who is less than 16 years of age participates

 

and is injured in an organized ORV riding or racing event, the

 

organizer of the event shall, within 30 days after the event,

 

submit to the department a report on a form developed by the

 

department. The report shall include all of the following

 

information, as applicable:

 

     (a) Whether any participant less than 16 years of age was

 

killed or suffered an injury resulting in transportation to a

 

hospital as a result of an ORV accident at the event.

 

     (b) The age of the child.

 

     (c) Whether the child had been issued an ORV safety

 

certificate. under this part or a comparable ORV safety certificate

 

issued under the authority of another state or a province of

 

Canada.

 

     (d) The type of ORV operated.

 

     (e) A description of the accident and injury.

 

     (20) By December 31 of each year, the department shall submit

 

to the legislature a report that summarizes reports received under

 

subsection (19) during the preceding calendar year. In the report,

 

the department may recommend amendments to this part to improve the

 

safety of children who are less than 16 years of age participating

 

in organized ORV riding or racing events.

 

     (21) The requirements of this section are in addition to any

 

applicable requirements of section 81131(9).

 

     Sec. 81130. (1) A person An individual who is under less than

 

16 years of age, before operating an ATV or ORV, shall complete an

 

ORV safety education course approved by the department. This The

 

course may include a written examination and a driving test

 

designed to test the competency of the applicant. Upon successful

 

completion of this the safety education course, a person an

 

individual shall receive an ORV safety certificate.

 

     (2) A safety education course may be conducted by a college or

 

university, an intermediate school district, a local school

 

district, a law enforcement agency, or another governmental agency

 

located in this state, or by a department approved nonprofit

 

service organization, shall be conducted in compliance with this

 

section. or by a private business. An agency or a school conducting

 

a course under this subsection may apply to the department for a

 

grant from the off-road vehicle account for costs associated with

 

conducting a course.

 

     (3) Except for a course conducted by a private business

 

enterprise as provided by subsection (4), an applicant for A person

 

other than a private business conducting a safety education course

 

required under this section shall pay not more than a $25.00 not

 

charge a course fee of more than $25.00 or, in the case of a

 

university or community college, a fee not more than the cost of 1

 

credit hour of instruction. The course fees shall only be used for

 

funding the administration and implementation of the course.

 

     (4) An ATV or ORV, or both, safety education course required

 

by this section and approved by the department may be conducted by

 

a private business enterprise. A private business enterprise may

 

charge a course fee not to exceed the cost of conducting the

 

course.

 

     (5) The director shall designate a person an individual to be

 

the state coordinator of the ATV and ORV safety education program.

 

A person designated under this subsection shall have successfully

 

completed ATV and ORV safety courses.

 

     (6) The director shall also designate a person who has

 

successfully completed ATV and ORV safety courses an individual to

 

perform annual inspections of course sites. An individual is not

 

qualified to be designated under this subsection unless the

 

individual has successfully completed an ORV safety course.