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Old July 17th, 2008, 12:43 PM   #1
kb8ymf
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Default Press release on 4323; signed by the Gov

Press release from Rep Sheltron. .pdf attached below. Grabbed latest I could find, Should be passed version.
++++++++++++++++++++++++++++++++++++++++++++++++
Friends:

House Bill 4323, which provides clear legal authority for counties, townships, cities and villages in northern Michigan to allow ORVs on their road shoulders was signed into law this morning. It is now Public Act 240 of 2008.

Counties, cities and villages may begin the process of adopting their ordinances immediately. Under the new law, counties must provide a 45 day comment period to their country road commissioners and the DNR (if state forest land is in the county). County ordinances won't go into affect until approved by the county board of commissioners following this 45 day period. Cities and villages do not need to provide a comment period and could adopt ordinances for their streets beginning today. Under law, townships may not begin the process of adopting their ordinances until July 17, 2009 unless empowered by the county to do so sooner. A model ordinance will be available through my office or by contacting the Michigan Association of Counties.

Please be aware that the new law removed the old "access route" language previously in law. Consequently, none of the existing ORV ordinances in any northern Michigan county, including the counties in Upper Peninsula are valid. Until new ordinances are adopted, it is not legal to drive an ORV on a road or street anywhere in Michigan.

Another common question about the new law is whether it covers golf carts. While it is possible to drive a golf cart on an ORV trail in the state provided it has an ORV permit, this does not legally make a golf cart an ORV. In order to qualify as an ORV, a golf cart has to capable of cross country travel without benefit of road or trail. While some golf carts have been modified to accomplish this and would likely qualify under the new law, the standard golf cart would not qualify.

I would like to thank all of you who helped in drafting this legislation during the public comment process and for helping lobby for this bill during the past two years. We overcame stiff opposition from the County Road Association of Michigan and various other Lansing special interests and bureaucrats. Many people doubted we would succeed. But today, we have prevailed in making a historic change to ORV law in Michigan.

Enjoy your weekend and start contacting your county commissioners to get an ordinance adopted in your area!

Thanks again,

Joel Sheltrown
State Representative
103rd House District
Attached Files
File Type: pdf 2007-HNB-4323.pdf (83.3 KB, 618 views)

Last edited by kb8ymf; July 17th, 2008 at 12:49 PM.
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Old July 17th, 2008, 12:47 PM   #2
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I have a sub committe meeting for my township, next week...............I am adding this to my Agenda.

It does say northern Michigan, does that just mean the Upper Pennisula, or Zone 2 and 3?

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Old July 17th, 2008, 12:50 PM   #3
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if i could ride a atv down the road i would sell my jeep.
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Old July 17th, 2008, 12:55 PM   #4
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Now that this bill is passed, what benifits does it have for our community of full sized vehicles?
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Old July 17th, 2008, 02:41 PM   #5
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Quote:
Originally Posted by FORD FLARESIDE View Post

I have a sub committe meeting for my township, next week...............I am adding this to my Agenda.

It does say northern Michigan, does that just mean the Upper Pennisula, or Zone 2 and 3?
There a defined line in the law of which roads / counties, etc.
If you contact Sheltrons office he'll supply you with the legalize verbage you'll need to make it official.
Interesting to note, this law now makes all the other laws on the books that ALLOWED usage on county roads to be null and void until they pass a new ordinanace.
One thing to note, your county MUST HAVE state land in it to qualify. Not sure how many counties up north fail that threshold.
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Old July 17th, 2008, 02:52 PM   #6
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Quote:
Originally Posted by mudviper View Post
Now that this bill is passed, what benifits does it have for our community of full sized vehicles?
How many was can I say this...

zero, zip, zilch, nada, ushum, squat, nul......

The only benefit we might realize is IF someday we need some letter writing support for an ammendment to the ORV law that benefits full size vehicles, we could in theory lean on them to help get support for the revision. But as of yet, I've not seen any Legislator that would be 'friendly' enough to propose a revision to the ORV law that would abolish the '2WD rule' in the ORV law that's killing us at every turn.

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Old July 17th, 2008, 05:20 PM   #7
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heres another version...

WE WIN!!!!!!!!
GOVERNOR SIGNS HB 4323 & HB 5559

July 17, 2008
Michigan Motorized Recreation Council
For Immediate Release:

We were informed moments ago; the Governor signed both ORV bills at 10:11 this morning, HB 4323 and the tie-bar bill regarding insurance, HB 5559 into Michigan law. Now referred to as Public Act 240 and Public Act 241 of 2008.

This now makes it clearly legal for Michigan counties and townships to open their roadways to ORV use on the “far right”, at a speed no greater than 25 mph, once a local ordinance is adopted. All youths must have DNR ORV safety training and be under visual supervision of an adult, able to come to their immediate aid as per current law.

We now begin the process of implementing these new laws for the benefit of the ORV user and Michigan’s economic climate. In reality, all current ordinances permitting ORV use on roadways became void once the Governor signed the bills because of language change.

A county must give a 45 day notice to the Road Commission, Sheriff and DNR forestry people within a county of the intent to adopt an ordinance as now clearly provided for under Michigan Compiled law.

Once a county adopts, every township is in, unless they choose to opt out. If after one year, a county don’t adopt an ordinance, a township may.

We have a draft wrote up and plan to be meeting with legal council from Michigan Association of Counties and have a master ordinance for the 43 counties affected by this change of law. Hopefully, we have uniform ordinances in all of northern Michigan.

Within a few days, we plan to have more answers and solutions available.

Our THANKS to Representative Joel Sheltrown (D) District 103 and his very affective aide Brady Schickinger, for getting the bill introduced and dealing with all 19 amendments.

THANKS to Senator Tony Stamas, (R) District 36 for stepping up to the plate in the Senate and making things happen there.

Every one of you who somehow played a part, by a phone call, e-mail or attended a hearing, whatever, deserve some of the greatest THANKS.
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Old July 17th, 2008, 07:43 PM   #8
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After reading the bill, despite what I've been told it looks like R.U.V. class vehicles are in. However 'golf carts' are not capable of 'off highway travel' as one of the pre-requisites to be able to license them as ORV's. Therefore golf carts are NOT ORV's. I suspect some senior members of some communities will object. I've seen plenty of mushroom pickers up in the Mesic/Cadillac area that would surely take advantage of this provision but may not be able to.
Also;The law supposedly limits the width of vehicles that can take advantage of this new law as those 60" or less. So.........
Samauri's are IN,
Jeep's are technically in I'm told @ less than 60"
Trackers are out by 3 inches.
Three wheelers are also out
Any vehicle licensed under P.A. 300.... is out (so take your plate off, right????)
Will be interesting to see how this all plays out.
AND who test's this new law first.
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Last edited by kb8ymf; July 17th, 2008 at 08:08 PM. Reason: added comments on vehicle width
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Old July 17th, 2008, 08:46 PM   #9
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don't get in a rush just yet, the counties all have to redo their ordinaces to make legal what they already had. it can take as much as 45 days. I have a hunch all the counties that wanted in 2 years back when Ogemaw took the first step are all going to pile on for tourist dollars. it should be quite a showing if you sit and think about it.
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Old July 18th, 2008, 07:49 AM   #10
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Riders will still need to be sure of the road they are driving down. National Forest System Roads in lower michigan are NOT! covered by this rule. When traveling in the National Forest, ATVs are limited to designated trails or use areas. Cross country travel or travel on two tracks will not be legal.


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Old July 18th, 2008, 07:56 AM   #11
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Quote:
Originally Posted by District Ranger View Post
Riders will still need to be sure of the road they are driving down. National Forest System Roads in lower michigan are NOT! covered by this rule. When traveling in the National Forest, ATVs are limited to designated trails or use areas. Cross country travel or travel on two tracks will not be legal.


Les Russell
District Ranger
Baldwin/White Cloud RD
I thought you left. I guess you have just been "lurking." Good to have you back.
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Old July 18th, 2008, 10:05 AM   #12
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Quote:
Originally Posted by District Ranger View Post
Riders will still need to be sure of the road they are driving down. National Forest System Roads in lower michigan are NOT! covered by this rule. When traveling in the National Forest, ATVs are limited to designated trails or use areas. Cross country travel or travel on two tracks will not be legal.


Les Russell
District Ranger
Baldwin/White Cloud RD
Quote:
Originally Posted by Flexin' XJ View Post
I thought you left. I guess you have just been "lurking." Good to have you back.
X2 - Nice to see you back.
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Old July 18th, 2008, 10:23 AM   #13
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Quote:
Originally Posted by District Ranger View Post
Riders will still need to be sure of the road they are driving down. National Forest System Roads in lower michigan are NOT! covered by this rule. When traveling in the National Forest, ATVs are limited to designated trails or use areas. Cross country travel or travel on two tracks will not be legal.


Les Russell
District Ranger
Baldwin/White Cloud RD
Point taken Les. Even in a vehicle with all the maps and GPS's in front of you, it's difficult to know exactly where you're at in the woods sometimes. I can't imagine riding a quad or M/C and knowing which cross street you just passed or if it's a County road or a forest road. There isn't exactly street signs posted where trails cross major roads. Then throw in State -vs- Federal differences.....it's no wonder riders sometimes just throw in the towel and ride till when/if they get caught.

How are you guys handling the golf carts on USFS roads? Has it or is it becoming an issue?
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Old July 19th, 2008, 08:54 PM   #14
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I have been writing county commisioners for the last hour. I hope to see some letters back soon.
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Old July 21st, 2008, 10:35 AM   #15
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Awesome work thanks guys. I just walked the trail in West Branch and gathered GPS coordinates to submit along with pictures.

Keep us updated Yetti I need to know if and when it passes and certainly what is legal and illegal etc.
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Old July 23rd, 2008, 11:13 AM   #16
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Here is the sample draft / model ordinance as provided from Shelton's office
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Old July 31st, 2008, 07:21 AM   #17
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Default Great News

This is very good news, I hope it goes well. I also hope they change the golf cart provisions, they are good for people who like them.
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Old July 31st, 2008, 07:55 AM   #18
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so since it nulls all current laws how does this affect snowmobiles. they can be classified as orv's technically.
here in oceana county sleds are permitted right of way on ALL roads, will that be nipped and this new law enacted? since we already allow sleds I am sure quads and such will be allowed to
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Old July 31st, 2008, 10:28 AM   #19
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Snowmobiles are specifically excluded as ORVs. Their rules have not changed.
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Old October 9th, 2008, 08:30 AM   #20
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I am heading up to the WB/St. Helen area in two weeks to do some riding. What is the best way to know what roads are legal and which ones are not?
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