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Rep. Joel Sheltrown Needs help for ORV Legislation
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[QUOTE="tdunn976, post: 1161772, member: 45706"] INSIDE MICHIGAN HOUSE BILL 4323 February 27, 2007 MICHIGAN MOTORIZED RECREATION COUNCIL For immediate release The purpose of the Bill is to resolve the questions surrounding the legality of a County, Township or Municipality to open its roadways for ORV use in northern Michigan . Considerable within the Bill is redundant of current Michigan law, if reading, observe changes in current law in bold print. The following is our understanding from reading and visiting with Representative Sheltrown’s office. Obviously, everything you read is subject to Amendments and we must continuously monitor the Bill until passage or defeat. Here is how the Bill affects various stakeholders; COUNTIES, TOWNSHIPS & MUNICIPALITIES A county Board of Commissioners will have the ability to adopt an ordinance permitting the operation of ORV’s on their roadways and may extend the authority to local municipalities. Bill permits this to be done in counties north of Townline 12. Southernmost tier of counties would include Mason, Lake , Osceola, Clare, Gladwin & Arenac at their southern borders. Maximum speed limit is 25 mph unless a lower speed limit is posted. ORV’s are to be operated single file, with the flow of traffic on the extreme right side of the road or right-of-way. Hours of operation are ½ hour before sunrise and ½ hour after sunset. Age of operator is 18, unless they have a valid Michigan operators license, or under the direct visual supervision of parent/guardian, and have a valid ORV Safety Certificate. Beginning January 1, 2010, all ORV operating on public roadways, shall have lighted headlight and taillight. A civil infraction of $500, plus any court ordered remediation for damages may be adopted by a county. ENFORCEMENT The Treasurer of the local unit of government shall deposit fines collected for violation of an ordinance in a fund designated, “ORV FUND”. The local unit of government shall appropriate 50% for ORV enforcement and training. (Officer’s) ROAD COMMISSIONS Under the “ORV FUND”, 50% of all fines collected in violation of an ordinance, shall be distributed to the County Road Commission for the purpose of ORV signage and maintenance of streets and roadways. Under the Bill, a Road Commission will have the right to close a street or road right-of-way to ORV use to protect the environment or poses a threat to public safety. A Road Commission may not close more than 30% of the linear miles of roadway within the county. A Road Commission or municipality does not have a duty to maintain a road under its jurisdiction for the safe and convenient operation of ORV’s under an ordinance provided by this Bill. Remaining, language on prima facia negligent Immunity from tort liability for a county Board of Commissioners, county Road Commission and local municipalities unless gross negligence can be proven. USERS No increase of fee’s. Operating headlight and taillight by 2010 to operate on roadway or right-of-way. Speed no greater than 25 mph unless posted lesser. Ride to the far right of road or right-of-way or area designated within ordinance. Emphasis within Bill on adult visual supervision, no different than existing law. “Drive by” sound test included, different than exhaust sound emission test, seldom if ever used. Further language on trespass, must have written owner or lessee permission. Liable for damage to private property, including growing crops and other living creatures, including domesticated animals. Monies from fines no longer go into “general fund”. House Bill 4323 is a giant step forward in managing the growth of ORV activity in Michigan in the interest of safety, convenience, recreational opportunity and economic growth. House Bill 4323 is the first ORV legislation in Michigan since 1995, covers primarily one area that needs legislative adjustment to meet the needs of Michigan and the ORV user’s within our state. (346,000 registered with Secretary of State 1-31-07) It is seldom that a new piece of legislation is 100% agreeable to everyone, however, HB 4323 offers a fair and reasonable compromise that has far more positives than negatives. Therefore, the leadership of Michigan Motorized Recreation Council join many others in supporting House Bill 4323. MICHIGAN MOTORIZED RECREATION COUNCIL public releases are the results of roundtable discussions by the leaders of the major ORV organizations within Michigan, representing over 20,000 members. [/QUOTE]
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Rep. Joel Sheltrown Needs help for ORV Legislation
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