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View Full Version : Argo (57") Bill is back



PeteC
April 3rd, 2005, 12:53 PM
Last time around (2003-2004) the cost to widen the ORV trails enough to allow an Argo to travel on it was in the 5.7 million dollar range. Money that would be taken away form anything we full size OHV users may want. Most OHV, ORV and ATV organizations fought this the last time around.

$5.7 million so a few guys with these can go down a trail.

http://michiganjeepers.com/evefiles/photo_albums/5/6/5/565101273/175104674_C647AD08DF37C5BD002B208E9B044B94.jpg



Senate Bill no. 97 (http://www.legislature.mi.gov/documents/2005-2006/billintroduced/senate/htm/2005-SIB-0097.htm)

Copying did not show the highlighted changes. Click on link to see them.


SENATE BILL No. 97





January 26, 2005, Introduced by Senators GARCIA, GOSCHKA and VAN WOERKOM and referred to the Committee on Transportation.











A bill to amend 1994 PA 451, entitled



"Natural resources and environmental protection act,"



by amending sections 81101 and 81123 (MCL 324.81101 and 324.81123),



section 81101 as amended by 2003 PA 111 and section 81123 as



amended by 1998 PA 86.



THE PEOPLE OF THE STATE OF MICHIGAN ENACT:



Sec. 81101. As used in this part:



(a) "ATV" means a 3- or 4-wheeled vehicle designed for off-



road use that has low-pressure tires, has a seat designed to be



straddled by the rider, and is powered by a 50cc to 500cc gasoline



engine or an engine of comparable size using other fuels.



(B) "Code" means the Michigan vehicle code, 1949 PA 300, MCL



257.1 to 257.923.



© "Dealer" means a person engaged in the sale, lease, or



rental of an ORV as a regular business or, for purposes of selling



licenses under section 81116, any other person authorized by the



department to sell licenses or permits, or both, under this act.



(d) "Designated", unless the context implies otherwise, means



posted open for ORV use with appropriate signs by the department.



(e) "Forest road" means a hard surfaced road, gravel or dirt



road, or other route capable of travel by a 2-wheel drive, 4-wheel



conventional vehicle designed for highway use, except an



interstate, state, or county highway.



(f) "Forest trail" means a designated path or way capable of



travel only by a vehicle less than 50 57 inches or less in width.



(g) "Highway" means the entire width between the boundary



lines of a way publicly maintained when any part of the way is open



to the use of the public for purposes of vehicular travel.



(h) "Highly restricted personal information" means an



individual's photograph or image, social security number, digitized



signature, and medical and disability information.



(i) "Late model ORV" means an ORV manufactured in the current



model year or the 5 model years immediately preceding the current



model year.



(j) "Manufacturer" means a person, partnership, corporation,



or association engaged in the production and manufacture of ORVs as



a regular business.



(k) "Operate" means to ride in or on, and be in actual



physical control of, the operation of an ORV.



(l) "Operator" means a person who operates or is in actual



physical control of the operation of an ORV.



(m) "ORV" or "vehicle" means a motor driven off-road



recreation vehicle capable of cross-country travel without benefit



of a road or trail, on or immediately over land, snow, ice, marsh,



swampland, or other natural terrain. ORV or vehicle includes, but



is not limited to, a multitrack or multiwheel drive vehicle, an



ATV, a motorcycle or related 2-wheel, 3-wheel, or 4-wheel vehicle,



an amphibious machine, a ground effect air cushion vehicle, or



other means of transportation deriving motive power from a source



other than muscle or wind. ORV or vehicle does not include a



registered snowmobile, a farm vehicle being used for farming, a



vehicle used for military, fire, emergency, or law enforcement



purposes, a vehicle owned and operated by a utility company or an



oil or gas company when performing maintenance on its facilities or



on property over which it has an easement, a construction or



logging vehicle used in performance of its common function, or a



registered aircraft.



(n) "Owner" means any of the following:



(i) A vendee or lessee of an ORV which is the subject of an



agreement for the conditional sale or lease of the ORV, with the



right of purchase upon performance of the conditions stated in the



agreement, and with an immediate right of possession vested in the



conditional vendee or lessee.



(ii) A person renting an ORV, or having the exclusive use of an



ORV, for more than 30 days.



(iii) A person who holds legal ownership of an ORV.



(o) "Person with disabilities" means a person who has 1 or



more of the following physical characteristics:



(i) Blindness.



(ii) Inability to ambulate more than 200 feet without having to



stop and rest during any time of the year.



(iii) Loss of use of 1 or both legs or feet.



(iv) Inability to ambulate without the prolonged use of a



wheelchair, walker, crutches, braces, or other device required to



aid mobility.



(v) A lung disease from which the person's expiratory volume



for 1 second, when measured by spirometry, is less than 1 liter, or



from which the person's arterial oxygen tension is less than 60



mm/hg of room air at rest.



(vi) A cardiovascular disease from which the person measures



between 3 and 4 on the New York heart classification scale, or from



which a marked limitation of physical activity causes fatigue,



palpitation, dyspnea, or anginal pain.



(vii) Other diagnosed disease or disorder including, but not



limited to, severe arthritis or a neurological or orthopedic



impairment that creates a severe mobility limitation.



(p) "Personal information" means information that identifies



an individual, including an individual's driver identification



number, name, address not including zip code, and telephone number,



but does not include information on ORV operation or equipment-



related violations or civil infractions, operator or vehicle



registration status, accidents, or other behaviorally-related



information.



(q) "Public agency" means the department or an agency of a



local or federal unit of government or of the federal government.



® "Roadway" means that portion of a highway improved,



designated, or ordinarily used for vehicular travel. If a highway



includes 2 or more separate roadways, the term roadway refers to a



roadway separately, but not to all roadways collectively.



(s) "Route" means a forest road or other road that is



designated for purposes of this part by the department.



(t) "Safety education fund" means the safety education fund



created under section 81118.



(u) "Safety chief instructor" means a person who has been



certified by a nationally recognized ATV and ORV organization to



certify instructors and to do on-sight evaluations of instructors.



(v) "Trail improvement fund" means the ORV trail improvement



fund created pursuant to under section 81117.



(w) "Visual supervision" means the direct observation of the



operator with the unaided or normally corrected eye, where the



observer is able to come to the immediate aid of the operator.



Sec. 81123. (1) The department shall , by October 1, 1991,



develop a comprehensive plan for the management of ORV use of



areas, routes, and trails maintained by or under the jurisdiction



of the department or a local unit of government pursuant to section



81131. The plan shall, as a minimum, set forth the following



methods and timetable:



(a) The inventorying, by appropriate means, of all areas,



forest roads, and forest trails used by or suitable for use by



ORVs.



(B) The identification and evaluation of the suitability of



areas, forest roads, and forest trails to sustain ORV use.



© The designation of areas, forest roads, and forest trails



for ORV use, including use by persons with disabilities.



(d) The development of resource management plans to maintain



areas, forest roads, or forest trails and to restore or reconstruct



damaged areas, forest roads, or forest trails. The plans shall



include consideration of the social, economic, and environmental



impact of ORV use.



(e) Specifications for trails and areas.



(2) The plan developed under subsection (1) shall be revised



every 2 years. The plan shall be submitted to the legislature for



approval. The legislature shall approve the plan without amendment



by concurrent resolution adopted by both standing committees of the



house of representatives and senate that consider natural resources



matters and both houses of the legislature by recorded vote. The



department shall submit any subsequent revisions to the plan to the



secretary of the senate and the clerk of the house of



representatives at least 20 session days before the effective date



of the revisions. If both standing committees of the house of



representatives and senate that consider natural resources matters



fail to reject the revisions within those 20 session days, the



revisions shall be considered approved.



(3) The plan may designate where bicyclists, hikers,



equestrians, and other nonconflicting recreation trail users may



use ORV trails or areas.



(4) By May 7, 1992, the The department shall designate an



appropriate area in the northern Lower Peninsula and an appropriate



area in southeast Michigan as a scramble area.



(5) Copies of maps of trails shall be prepared and made



available by the department in sufficient quantities to accompany



each ORV certificate of title issued by the secretary of state and



to place in each county sheriff's office and each department of



natural resources field office.
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