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Good news I argued with the DNR today!
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[QUOTE="2TrakR, post: 917895, member: 27322"] Motorcycles and ATVs are both Off Road Vehicles (ORVs) and are both generally in the under 50 inch in width category. Both generally meet the legal requirements to operate on an ORV trail. The language used to define an ORV trail includes ANY off road vehicle that's under 50" and both cycles and ATVs fit in that category. They should change the language on the maps to make it more clear who the target User group of the trail is. Even so, the language used is true and accurate even if it does not best describe the trail's normal usage. Pretend you are some mucky muck in Legal who has to approve the language used on all publications, in this case it would be a map. You have no clue about ATVs or cycles or single track for that matter. The best you can find is the legal definition of an ORV Trail and the legal definition of an ORV. Based on that information, you approve what is on the DNR maps because: An ORV Trail is for ORVs 50" or less in width. An ORV is (list of things) including ATVs and Motorcycles, which are also the primary vehicles that are less than 50" in width. Are we looking at different maps? The Gladwin Trail map from the DNR has both an ATV and a Motorcycle in the lower right hand picture. Just double checked here. There are no examples of which you request. Two reasons for this: there is no "cycle trail" - it's all ORV Trail; there is only one definition of an ORV Trail and that same language is used on all the maps. The triangles that have an ATV on them are used interchangeably with those that have a cycle on them. I know this as I perform trail maintenance and install trail markers. We use the type and style of triangles that are made available to us by the Department. These triangles differ from ORV Route and MCCCT triangles and are not used interchangeably with them. Only the ORV Trail markers fit this category. I think, and bet you agree, that the markers with a cycle should only be used on trails maintained at 40" and the ones with ATVs should only be used on trails maintained at 50". But as I indicated, this has not been the case. Well, hang on a second. Did Steve say "motocycles only" or did he say "it's illegal for ATVs to ride the Evart trail"? It may sound like I'm picking on semantics but there is a big difference between the quotes. Now let's work on the proof you want. Start here: [url]http://www.state.mi.us/orr/emi/admincode.asp?AdminCode=Single&Admin_Num=29900921&Dpt=NR&RngHigh=[/url] ORV Trail Legal definition: "Designated trail" means a 1-track path or way which is capable of travel by a 2- to 4-wheel vehicle that is less than 50 inches in width and which has been properly signed on the ground for ORV use. ORV is legally defined as (excerpt): "ORV" includes, but is not limited to, any of the following: (ii) A motorcycle or related 2-wheel or 3-wheel vehicle. With the above, we now have a legal definition of ORV Trail. There is NO other legal definition of such a trail that pertains to width or allowed usage - meaning there is no "Cycle Trail" or "ATV Trail". Note I'm excluding ORV Route in this discussion. Based on this information I know that it's legal to ride my 49" ATV down any posted open ORV Trail. On any of the DNR maps, the ORV trail is defined as: ORV TRAIL-for ORV's less than 50" in width-off road motorcycles and/or ATV's. Which is in accordance with the above listed legal descriptions, right? Flip of the coin for a second - if you just went by what the map said you could be lead to believe that it would be illegal to drive your 49" wide golf cart on an ORV Trail. This would be inaccurate and to prove it we go back to the legal definition of a Designated Trail which allows vehicles that are not cycles or ATVs. Back to the topic at hand. Would it be illegal to drive your ATV on the Evart Trail? Only if you were to go off the designated trail to navigate it. For example, the trail passes between two trees that are 43" apart and your ATV is 48", so you leave the trail and drive around them. The law says this is illegal: To destroy, damage, or remove trees, shrubs, wildflowers, grasses, or other vegetation. To use or operate any wheeled, motorized vehicle in the Upper Peninsula of this state, except on a designated route, a designated trail, a designated area, or a forest road not otherwise posted as closed to the use of motorized vehicles or entry. To use or operate any wheeled, motorized vehicle in the Lower Peninsula of this state, except on a designated route, a designated trail, or a designated area. A wheeled, motorized vehicle that is properly registered under 1949 PA 300, MCL 257.1 et seq. may be operated on a forest road not otherwise posted as closed to the use of motorized vehicles or entry. By leaving the designated trail/path you are in violation of the latter two paragraphs (it's considered cross country travel). "Yeah, but Steve said motorcycles only". Which he should have. What if he said to go ahead and ride your ATV on the Evart trail? He knows that trail is maintained at 40" and knowing that, he can assume there will be places an ATV will not fit. He may not know this for a fact, but it's a reasonable assumption. Now that he told you ride your ATV on that trail you can come back to him when you get a ticket for driving off-trail to get through the tighter areas. While the LEO is writing the ticket you can say "Yeah, but Steve said I could ride my quad on this trail". Then you'll be yelling at him at the next (not cancelled) ORV Advisory Board meeting 'cause you got a ticket for doing what he said you could do. Much easier to say "That trail is maintained for motorcycles only" all the while being completely true and honest. :laugh: [/QUOTE]
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Good news I argued with the DNR today!
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