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Old May 3rd, 2006, 06:30 PM   #1
Yetti
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Default new ORV law went into effect today

Quote:
5-2-06 4:16 p.m.

Attorney General Makes Ruling

Received a phone call from Representative Sheltrown’s office today, informing us that the Attorney General had made a ruling that no ORV’s may be operated on a county road unless, as I understand it, on an access route being part of the trail system.

Expect more details as they become available and options open to the ORV community.






By the way this also means the UP not just the lower, as the ruling reads “ALL” counties in the state of Michigan are now closed as of 5/2/06.
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Old May 3rd, 2006, 06:35 PM   #2
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so all the effort spent recently getting access to town for quads was just shot in the ass with a stroke of a pen from a pen head ass hole .

Thought id clear that up for ya's .:gman:
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Old May 3rd, 2006, 06:40 PM   #3
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from what I understand its got a lot to do with Ogemaw countys road commisioner, and the pissed off DNR guys that got smoked when the law passed. you just wait till all the hotel and lodge owners up in the U.P. learn what this asshat did.
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Old May 3rd, 2006, 06:42 PM   #4
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Ogemaw countys road commisioner,

yes cousin Art Buck is a bit of an ass hole too . Yes he is a 1st cousin but i didnt get to pick him , he married into the family :gman:
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Old May 3rd, 2006, 06:52 PM   #5
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Gman this was posted on my site....

Quote:
The action by the Attorney Generals office, as we know it, was prompted by complaints of two dissident county road commissions and at least two township Supervisors that got out voted in recent township Board actions in adopting the ordinance.

At this time I can’t post the entire letter only this passage from that letter, I do not know the two township supervisors but I can tell you all that the main person behind this action was:

Michael P. Schultz, P.E. Engineer-Manager mpschultz@OgemawCRC.org
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Old May 3rd, 2006, 07:15 PM   #6
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shlutz hmmm , Art must be under him . I stay out of politics the best i can .
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Old May 3rd, 2006, 07:40 PM   #7
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for those of you that don't know, until today the majority of the U.P. except for 3 countys was open to road shoulder riding, and 5 countys in the L.P. were open. now ALL the county road shoulders are closed in all 83 countys...I expect to see lots of new faces at the ORV Adivisory board meeting this coming Wendsday in Lansing.
http://www.michigan.gov/documents/Ma...a_157636_7.pdf
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Old May 3rd, 2006, 09:16 PM   #8
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As I understand this... it is now illegal to ride a four wheeler on the side of the road in all counties?
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Old May 3rd, 2006, 09:31 PM   #9
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For clarification this has not been proven to be any sort of "law" at all, so far it has only been proven to be a ruling!

Not panic time yet, as the AG cannot write laws into effect. That takes an act of the state legislature.
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Old May 3rd, 2006, 09:34 PM   #10
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Quote:
Originally Posted by Ironman
For clarification this has not been proven to be any sort of "law" at all, so far it has only been proven to be a ruling!

Not panic time yet, as the AG cannot write laws into effect. That takes an act of the state legislature.
I was wondering about that but the way the DNR make there own rules i wasnt going to argue it .
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Old May 3rd, 2006, 09:37 PM   #11
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It's the fact that it's now common law so if you go into court to fight a ticket for riding along the shoulder all the prosecuting attorney has to do is bring up this ruling and you're opening your wallet
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Old May 3rd, 2006, 09:41 PM   #12
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ORV’s Shut Down From Michigan Roadways?



The ORV ordinance issues become even more controversial by a letter from Attorney General Mike Cox’s office to State Representative Joel Sheltrown. Representative Sheltrown has long been an advocate of ORV use on public roadways, with such roadways being “open” in portions of the county in which he resides.



This letter will keep the law scholars talking indefinite as one reads the very first sentence, “response to your letter of inquiry”. No place in the letter is it specified an official ruling or opinion. We have already heard of one judge, considering tossing the letter to the wind, as shabby legal writings.



There are nineteen county’s in Michigan that have some form of favorable ORV ordinance permitting from 100% use by ORV’s, to limited amounts open to ORV travel.



The action by the Attorney Generals office, as we know it, was prompted by complaints of two dissident county road commissions and at least two township Supervisors that got out voted in recent township Board actions in adopting the ordinance.



ORV ordinance adoption goes back to 1985, when one northern Michigan county took such action. As time went on, we have seen all but one county in Michigan’s Upper Peninsula adopt some form of ordinance, the counties of Cheboygan, Presque Isle, Montmorency, Ogemaw and Iosco in the Lower, each have an ordinance. At present, action is being considered in Gladwin and Lake Counties, with interest shown by others.



We expect this issue to become even more controversial over the next few days, and without doubt, right on into the fall elections for State Representative and Senators. With an estimated 250,000 plus registered ORV owners in Michigan, the final outcome should prove to be quite interesting. It is near certain, new legislation will be proposed very soon.



It has long been our position, that ORV use on county roadways offers additional forms of recreation opportunity to the user. In addition, ORV use on county roadways offers substantial economic benefit to northern Michigan communities by way of tourist revenue and job opportunities.



Watch this site for further updates and actions you may take that will influence the final outcome of this issue.



Dick Ranney

AMA D-14 Off-Road Legislative Director
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Old May 3rd, 2006, 09:41 PM   #13
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Quote:
Originally Posted by Super Stocker
It's the fact that it's now common law so if you go into court to fight a ticket for riding along the shoulder all the prosecuting attorney has to do is bring up this ruling and you're opening your wallet
Your off base with this one . common law is also known as case law .

case law means that the answer , or law is derived from previous cases held in courts .

The AG has made a ruling , this ruling can be over turned , and or ignored and no law to back his ruling rendering it meaningless .
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Old May 3rd, 2006, 09:56 PM   #14
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Pfcuk. Time to throw down with Mike Cox.

This is one of the reasons I try to get all my dirtbikes plated.
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Old May 4th, 2006, 06:31 PM   #15
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Quote:
Originally Posted by Ironman
For clarification this has not been proven to be any sort of "law" at all, so far it has only been proven to be a ruling!

Not panic time yet, as the AG cannot write laws into effect. That takes an act of the state legislature.
Thanks Pat, I was wondering if this had been cast in stone yet. it makes more sense now that we know its an Oppinion and not law.

I read the whole document from Judge Sheltrown and it made sence, but theres ways to get around the law, it just takes a little effort.
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Old May 5th, 2006, 05:22 PM   #16
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When does this BOZO come due for reelection?

Or is he appointed?
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Old May 8th, 2006, 11:27 AM   #17
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Quote:
Originally Posted by Grandman
Your off base with this one . common law is also known as case law .

case law means that the answer , or law is derived from previous cases held in courts .

The AG has made a ruling , this ruling can be over turned , and or ignored and no law to back his ruling rendering it meaningless .
Didn't know about that. That only law class I got to take was in 8th grade. Apparently Art is more important. Thanks for clearing it up for me.
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Old May 12th, 2006, 04:37 PM   #18
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just to bring you guys up to date, I asked the DNR guys at the orv advisory board meeting what the letter ment to them and if they planned on doing anything in line with inforcment. the DNR said they knew of the letter and that the oppinion of the AG & state rep Sheltrown and how it had stired up a bunch of questions. the have no plans of doing anything in line with the letter. its just oppinion and nothing more. they could not write tickets on the AG's word and the whole state needed legislation on the books before any inforcement would take place. so it clears up all the rumors I have heard and the whole thing is a farce so far. so as it is right now all countys that have open roads for ORV access the roads are open!I am hoping as the AG and the state rep learn more about the effects of ORV's on the state roads I hope they learn its favorable. so ride safe and becareful out there.
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Old May 12th, 2006, 10:50 PM   #19
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Thanks for the report Yetti.......good to hear(even tho' I don't ride quads)
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Old May 13th, 2006, 06:01 AM   #20
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what people don't realize is this is the just the first step. if the state goes ahead and mandates that orvs can't use the roads anymore then it would shut down the whole state. and the tree hugger fighting for this "forest certification" would have another stepping stone againest us. the fact we have to fight at every turn tells me the greenys are here and growing stronger.
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