Creative Fab
January 18th, 2007, 03:05 PM
Forwarded from my e-mail box, sent by Dick Raney
Dear ORV Stakeholder:
I will introduce legislation regulating the use of ORVs/ATVs on county road shoulders within the next three weeks. A House committee hearing on this bill is tenatively planned for February. It would be helpful if you could contact your state representative and state senator to express your support for this legislation as soon as possible. If you do not know who your legislators are or how to contact them, please feel free to e-mail me and I will provide you with that information.
A summary of the final draft bill (with changes made from the public comment period) is attached.
Thank you,
Joel Sheltrown
State Representative
Iosco-Missaukee-Ogemaw-Roscommon
Open Attachment orvsummary.doc
Summary of the Legislation:
Every county except Keweenaw in the Upper Peninsula and a growing number of counties in the northern Lower Peninsula have adopted local ordinances in recent years permitting the use of ORVs/ATVs on county road shoulders. An advisory letter issued by an Assistant Attorney General in 2006 suggests these ordinances do not comply with statutory law. This legislation would clarify that counties have the authority to permit the operation of ORVs/ATVs on county road shoulders. It would provide for standardized regulations regarding their operation. It would allow counties to create a penalty funded revenue source for enforcement and remediation activities. It would greatly limit the liability faced by county road commissions, counties, and municipalities.
Key Points:
• A county board of commissioners would have the ability to adopt an ordinance permitting the operation of ORVs/ATVs on streets and roads under its jurisdiction (not state or federal highways). The county board of commissioners could extend this authority to its local municipalities.
• The bill would limit this authority to counties located north of Townline 12. The southernmost tier of counties would include Mason, Lake, Osceola, Clare, Gladwin, & Arenac.
• ORVs/ATVs would be required to operate single file with the flow of traffic on the extreme right side of a street or road right-of-way.
• The bill would create a maximum speed limit of 25 mph unless a lower speed limit is posted.
• Operation would only be allowed from dawn to dusk.
• Beginning January 1, 2010, any ORV/ATV operating on a county road shoulder would be required to have a working headlight and taillight.
• The bill would prohibit anyone under 18 years of age from operating an ORV/ATV on a county road shoulder who was not under the direct supervision of a parent/guardian unless they hold a valid drivers licenses or are currently allowed to operate such a vehicle (farming purposes, disability, etc.)
• A county would be permitted to create a civil infraction for violations of the act with a fine not to exceed $500 plus the actual costs of any court ordered remediation for damages.
• Fines collected under the act would be placed in a county ORV fund. 50% of the funds would be distributed to the county sheriff for law enforcement & training purposes. The remaining 50% would be distributed to the county road commission for signing and remediation purposes.
• In the event of an accident, the operator of the ORV/ATV would be considered prima facie negligent.
• A county road commission would have the authority to close up to 30% of county roads to ORVs/ATVs to protect the environment or if a particular threat to public safety exists.
• A county board of commissioners, county road commission, and local municipalities would be immune from tort liability arising from damages sustained by the operation of an ATV/ORV on a county road shoulder except in cases of gross negligence. Even then, this very limited liability would end at the edge of the normally traveled portion of the road (white line, edge of blacktop, etc.) The county would not be responsible to maintain any road/street shoulder for use by ORVs/ATVs.
Dear ORV Stakeholder:
I will introduce legislation regulating the use of ORVs/ATVs on county road shoulders within the next three weeks. A House committee hearing on this bill is tenatively planned for February. It would be helpful if you could contact your state representative and state senator to express your support for this legislation as soon as possible. If you do not know who your legislators are or how to contact them, please feel free to e-mail me and I will provide you with that information.
A summary of the final draft bill (with changes made from the public comment period) is attached.
Thank you,
Joel Sheltrown
State Representative
Iosco-Missaukee-Ogemaw-Roscommon
Open Attachment orvsummary.doc
Summary of the Legislation:
Every county except Keweenaw in the Upper Peninsula and a growing number of counties in the northern Lower Peninsula have adopted local ordinances in recent years permitting the use of ORVs/ATVs on county road shoulders. An advisory letter issued by an Assistant Attorney General in 2006 suggests these ordinances do not comply with statutory law. This legislation would clarify that counties have the authority to permit the operation of ORVs/ATVs on county road shoulders. It would provide for standardized regulations regarding their operation. It would allow counties to create a penalty funded revenue source for enforcement and remediation activities. It would greatly limit the liability faced by county road commissions, counties, and municipalities.
Key Points:
• A county board of commissioners would have the ability to adopt an ordinance permitting the operation of ORVs/ATVs on streets and roads under its jurisdiction (not state or federal highways). The county board of commissioners could extend this authority to its local municipalities.
• The bill would limit this authority to counties located north of Townline 12. The southernmost tier of counties would include Mason, Lake, Osceola, Clare, Gladwin, & Arenac.
• ORVs/ATVs would be required to operate single file with the flow of traffic on the extreme right side of a street or road right-of-way.
• The bill would create a maximum speed limit of 25 mph unless a lower speed limit is posted.
• Operation would only be allowed from dawn to dusk.
• Beginning January 1, 2010, any ORV/ATV operating on a county road shoulder would be required to have a working headlight and taillight.
• The bill would prohibit anyone under 18 years of age from operating an ORV/ATV on a county road shoulder who was not under the direct supervision of a parent/guardian unless they hold a valid drivers licenses or are currently allowed to operate such a vehicle (farming purposes, disability, etc.)
• A county would be permitted to create a civil infraction for violations of the act with a fine not to exceed $500 plus the actual costs of any court ordered remediation for damages.
• Fines collected under the act would be placed in a county ORV fund. 50% of the funds would be distributed to the county sheriff for law enforcement & training purposes. The remaining 50% would be distributed to the county road commission for signing and remediation purposes.
• In the event of an accident, the operator of the ORV/ATV would be considered prima facie negligent.
• A county road commission would have the authority to close up to 30% of county roads to ORVs/ATVs to protect the environment or if a particular threat to public safety exists.
• A county board of commissioners, county road commission, and local municipalities would be immune from tort liability arising from damages sustained by the operation of an ATV/ORV on a county road shoulder except in cases of gross negligence. Even then, this very limited liability would end at the edge of the normally traveled portion of the road (white line, edge of blacktop, etc.) The county would not be responsible to maintain any road/street shoulder for use by ORVs/ATVs.