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Summary of Proposed ORV Legislation

October, 2011 - It’s been a busy time lately in Lansing with a host of issues relating to ORV legislation on the table. What follows is a very brief summary of the issues related to ORV legislation currently underway. Please keep in mind...this is a summary of proposals, with nothing confirmed or “set in stone” at this point. Note that the top two priorities of the CCC with respect to legislation - the ORV sicker fee increase and tort reform to limit liability - are included in these proposals.

Beginning with Sec. 7108.
P. 2, L. 4 This lays on the table that ORV activity should get a portion of recreational improvement funds from gas tax revenues deposited directly into the ORV off-road vehicle account. (Recall that two percent of all gas tax revenues go into this fund - currently $18 million or more - is transferred from MDOT to the MDNR annually to help fund many forms of off-highway recreation).
P. 3, Lines 2-16 Further clarifies who can do enforcement.
P. 5, L. 10-13 More concise description of an “operator.”
P. 6, L. 14-18 Self explanatory
P. 7, L. 12 MDNR Chief Safety Instructor must be trained in all facets of ORV Safety Education in nationally recognized programs.

Beginning with Sec. 81115.
P. 1, 2, 3. Legal language change
P. 3, L. 25-27, P. 4, L. 1-4. Cost of living increase every five years.
P. 4, L. 19-26, Fee increase to $30. with $1 going to Safety Education.
P. 6, L. 19-26, Event permit waiver for groups less than seventy-five rider/participants.

Beginning with Sec. 81131.
P. 1, L. 7. legal cleanup
P. 2, L. 5-9. County cannot charge a fee to open roads to PA 240. Clarifies jurisdiction of county roads with USFS lands adjacent to.
P. 2, L. 21-25 Townships cannot charge a fee for 240 roads.
P. 3. legal clarification
P. 4, L. 2-14. Open small portions of M roads to PA 240.
P. 4. L. 25-26 No lights required for and organized event.
P. 5-12. Legal cleanup
P. 13, L 22-27/P. 14, L 1-9 Liability relief for trail maintainers
P. 14, L 14-24 Penalty for operating without a helmet.

This being the first draft, we can expect changes. As the legal process runs its course, you can count on The Cycle Conservation Club of Michigan to be there on the scene and keep everyone updated. There are frequent conversations with the legislator sponsoring this legislation.

Youth OHVs Exempted From Lead Law!

From the American Motorcyclist Association - In a victory for families who enjoy responsible motorized recreation, President Obama has signed into law a bill to allow the sale of kids' off-highway vehicles (OHVs) to continue. On Aug. 12, H.R. 2715, introduced by Reps. Mary Bono Mack (R-Calif.) and G.K. Butterfield (D-NC) became law. The measure exempts kids' OHVs from the Consumer Product Safety Improvement Act (CPSIA) of 2008, known as the lead law.

The CPSIA, which went into effect on Feb. 10, 2009, banned the making, importing, distributing or selling of any product intended for children 12 and under, including kids' dirtbikes and all-terrain vehicles (ATVs), that contained more than a specified amount of lead in any accessible part that might be ingested. H.R. 2715 cleared the House by a 421-2 vote on Aug. 1 just before lawmakers went into their summer recess, and earned Senate approval by unanimous consent the same day.

The new law is a victory that is the result of nearly three years of intensive efforts by the AMA and its partner organization, the All-Terrain Vehicle Association (ATVA), their members and millions of advocates of responsible OHV recreation.

"Federal legislators deserve a lot of thanks for their tireless efforts, especially U.S. Rep. Denny Rehberg (R-Mont.), U.S. Sen. Amy Klobuchar (D-Minn.) and all the other lawmakers who supported an exemption," said AMA President and CEO Rob Dingman. "Hundreds of thousands of parents, kids and motorcycling club members responded to AMA calls for action to contact their elected officials and their efforts, along with all those volunteers who circulated petitions and took other actions, brought this issue to the attention of Congress and turned the tide in our favor.

"I'm sure that those letters, emails and telephone calls to Congress had a major impact in convincing lawmakers to exempt OHVs from the lead law," Dingman said. "I'm also convinced that the AMA Family Capitol Hill Climb held on May 26 played a major role, since it put a human face on the issue by showing lawmakers the kids and families who are suffering because of the CPSIA.

Dingman also thanked other organizations and individuals that worked diligently on the effort, including the Motorcycle Industry Council and Specialty Vehicle Institute of America, which represent the motorcycle and ATV industries; the motorcycle enthusiast and trade media; Sean Hilbert, president of Cobra Motorcycles, which makes kids' dirtbikes; the Coombs family and Tim Cotter of MX Sports, which has conducted the famed AMA Amateur National Motocross Championship featuring thousands of promising young riders for the past 30 years, and Kirk "Hardtail" Willard, president of the Motorcycle Riders Foundation.

"I want to extend a very special thanks to Malcolm Smith, a member of the Motorcycle Hall of Fame, who brought a lot of attention to the unfairness of the lead law when he hosted a media event at Malcolm Smith Motorsports and sold some youth OHVs as a symbolic gesture to protest the law," Dingman said.

The AMA has been at the forefront of the fight to exclude child-sized motorcycles and ATVs from the CPSIA since early 2009. The association has participated in news events to focus media attention on the issue, lobbied on Capitol Hill, and organized campaigns to encourage riders and parents to contact their federal lawmakers and key decision-makers to exempt kids' OHVs from the CPSIA.

As a result, every single member of Congress, as well as members of the Consumer Product Safety Commission (CPSC), has received powerful statements from members of the AMA and ATVA.

Public Act 240 Information

Specific rules from county to county may vary. It is every ORV user's responsibility to know the date of implementation, which roads may be open to ORV travel, ORV speed limits or other details associated with each county and their respective ordinances. GET LOCAL INFORMATION BEFORE RIDING!

BASIC QUESTIONS REGARDING PA 240

Now that Public Act 240 is law, does that mean I can now operate an ORV on the road?

No. You may not operate your ORV on a public street or road until your county, city, village or township adopts an ordinance allowing it.

What roads are covered?

County and municipal roads and streets. State and federal highways, roads and trails are not included.

What counties may open their roads to ORVs?

Only counties in the northern Lower Peninsula and the Upper Peninsula may open their roads to ORVs. This includes Mason, Lake, Osceola, Clare, Gladwin, Arenac, Bay and any county to the north of those counties. Roughly, this is any county including or north of M-10. Huron, Midland and Isabella are not included.

Are existing county ORV ordinances still valid?

The law providing for access routes established with the consent of the DNR or unilaterally established by some counties is repealed. Consequently, local governments must re-adopt ordinances under the new law if they wish to provide for the operation of ORVs on their roads or streets.

Does the bill include golf carts?

No.

FOR LOCAL GOVERNMENTS

What is the process for adopting a county ORV ordinance?

The county clerk must send notice of a public hearing on a proposed ordinance by certified mail to the county road commission and to the DNR (only is state forestland is located in the county) at least 45 days before the public hearing held by the county board of commissioners. However, the county board of commissioners is not obligated to abide by any recommendation of the county road commission or the DNR in adopting an ordinance.

What authority does the county road commission have?

A county road commission may close up to 30% of the linear miles of roads in the county to ORVs in response to a particular and demonstrable threat to public safety or to protect the environment. The 30% applies to the total linear miles of county roads, not 30% of the linear miles of roads open to ORVs.

What authority do cities, villages and townships have?

A city or village may open or close its streets to ORVs at any time. No notification to other agencies or units of government is required. A township may close its streets or roads to the operation of ORVs that were opened by the township or county at any time with no notification to other agencies or units of government. If the county does not adopt an ORV ordinance including a particular township, that township may adopt its own ORV ordinance no sooner than 1 year following the effective date of the act. Notification is the same as required of the county except that the notification period is shortened to 30 days.

What liability do local governments have?

Local governments do not have a duty to maintain roads or streets in a condition safe and convenient for the operation of ORVs except as otherwise required by law. Local governments are immune from tort liability except for gross negligence (conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results).

What is the ORV fund?

The treasurer of the local unit of government adopting an ORV ordinance shall establish a fund to receive fines and damages imposed as a result of violations of the ordinance. The legislative body of that local unit shall appropriate 50% of the revenue in the fund to the county sheriff or local police department for ORV enforcement and training. The legislative body of that local unit shall appropriate the remaining 50% to the county road commission or local public works office (city and village only) for repairing damage to the environment, roads, streets or other public property caused by ORVs and/or to post signs indicating ORV speed limits or whether a road or street is open or closed to ORVs.

FOR RIDERS

What are the general operating standards?

Operation must be to the far right of the maintained portion of the road or street. An ORV may not be operated against the flow of traffic. The maximum speed of operation is 25 mph unless a lower speed limit has been posted. An ORV may not interfere with other traffic on the road or street. ORVs must travel single file except when passing.

Are headlights/taillights required to operate an ORV on a road or street?

Prior to January 1, 2010 a person must display a lighted headlight and taillight when visibility is reduced. Beginning January 1, 2010, any ORV operating on the road at any time must display a lighted headlight and taillight.

What are the permitted hours of operation?

Operation is permitted at all hours. A lighted headlight and taillight must be used from 1/2 hour after sunset to 1/2 hour before sunrise.

How old does a child have to be to operate an ORV on a road?

A person under age 12 may not operate an ORV on a street or road. A child age 12, 13, 14 and 15 may operate an ORV on a road under the direct visual supervision of an adult and has in their immediate possession and ORV safety certificate. Children younger than 16 may not operate a 3-wheeled ORV or an ORV wider than 60" on a road. A child age 16 or 17 may operate without direct visual supervision provided they have a valid drivers license and an ORV safety certificate in their possession. Michigan will recognize an ORV safety certificate issued by other state or a province of Canada.

Who is at fault in the event of an accident?

In the event an ORV is in an accident with another vehicle legally permitted to operate on the road or street, the owner of the ORV shall be considered prima facia negligent. The owner of an ORV does not qualify for no-fault/PIP benefits in the event of a single vehicle accident or an accident with another ORV.

What is the penalty for violating an ORV ordinance?

The penalty is a municipal civil infraction with a fine of not more than $500 and/or damages to repair any damage to the environment, street, road or other public property. The fine and damages shall be deposited into a local ORV fund.

What is the penalty for creating an erosive condition or violating state environmental law?

The penalty is a misdemeanor punishable by imprisonment for not more than 90 days and/or a fine of not less than $250 or more than $1000 for each violation.