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Old July 22nd, 2009, 03:35 PM   #1
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Default 2010 Comprehensive OHV Legislation

This may be a but I didn't know if anyone had seen this.

Version: July 21, 2009 (Pre-Draft #1)
2010 OHV Comprehensive Legislation

This legislation impacts numerous sections of Michigan ORV law. It is referred to as the "2010 Comprehensive" to distinguish it from other ORV legislation. The legislation is based on public comment and the contribution of various user groups. It is a work in progress. Changes are anticipated throughout the legislative process. The summary below reflects the status of the legislation as of the date listed above.

The 2010 Comprehensive would increase funding for trail maintenance and law enforcement on public land and county roads. It seeks to better address problems regarding public and private trespass and unsupervised youth operation. It would improve OHV safety education. It would clean-up issues identified with PA 240'08, apply PA 240'08 state-wide and make that law permanent.

Summary of changes:

References to "Off-road vehicle" and "ORV" in Michigan law would be changed to "Off-highway vehicle and "OHV" to reflect federal law.

The cost of an annual trail permit would increase to $30.50. Of that, $14.50 would go to trail maintenance, $14.50 to department operations, enforcement and special initiatives, $1 to OHV safety education, and 50 cents to the license vendor.

An annual registration of OHVs not already plated by the state would be established. The cost of the annual registration would be $6. Of that, $1 would go to the Secretary of State for administration and 50 cents would go to OHV safety education. The remaining money would be dispersed to county sheriffs where county roads are opened to OHVs pursuant to PA 240'08 in a ratio proportional to the number of OHV lane miles open in each county to the state total. The registration would expire on April 1 of each year. Otherwise, the registration process would be closely based on the current snowmobile registration process.

Along with a certificate of registration, the Secretary of State would establish and issue an identifying decal under rules promulgated by that department that would be displayed on the OHV. The registration decal would not be required for OHVs that are already plated through the Secretary of State or have a current plate or current registration decal from another state or a province of Canada.

OHV registrations would be included in the Law Enforcement Information Network (LEIN).

Any county, township, city or village in the state would be able to open its local roads under PA 240. PA 240 would no longer be restricted to northern Michigan.

The Michigan Transportation Commission would be able to permanently, seasonally or temporarily authorize the travel of OHVs on short stretches of state highways that have a speed limit at or below 45 miles per hour.

The location of operation on county roads would be clarified to include maintained shoulders.

The language allowing county road commissions to close up to 30% of county roads for environmental or safety reasons would be clarified to reflect the original intent of PA 240.

Language would be added to authorize local units of government to permit the travel of OHVs on roads maintained with state or local funds that pass through or along federal forest lands.

Penalties would be doubled for trespass on private and public lands, unsupervised youth operation and operating an OHV without a helmet except where helmet use is not currently required.

The definition of an ATV would be amended to reflect the language of HB 5087.

The MDNR would establish an OHV Safety Training Academy to train and license OHV Safety instructors. These instructors would be compensated through rules promulgated by the department through the OHV Safety Training Fund at a rate of not more than $20 per student. Licensed OHV safety instructors would not be allowed to charge an additional fee for classroom instruction but would be allowed to charge a fee for optional hands-on instruction desired by the parent or student.

A free riding day would be established the third Saturday in May where an OHV trail sticker or OHV registration is not required.

Liability limits would be established for trail maintenance organizations equal to that provided to organizations that groom snowmobile trails.

The threshold for an organized group event on state land would be increased to 75 vehicles unless the group is collecting a fee for the event.

Language would be added to define "primitive road" and clarify that primitive roads are closed to OHV traffic.

The PA 240 sunset would be removed.
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