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Thread: ORV Laws

  1. #1

    Default ORV Laws

    324.81133 Operation of ORV; prohibited acts.

    Sec. 81133.

    A person shall not operate an ORV:

    (a) At a rate of speed greater than is reasonable and proper, or in a careless manner having due regard for conditions then existing.

    (b) Unless the person and any passenger in or on the vehicle is wearing on his or her head a crash helmet and protective eyewear approved by the United States department of transportation. This subdivision does not apply if the vehicle is equipped with a roof that meets or exceeds standards for a crash helmet and the operator and each passenger is wearing a properly adjusted and fastened safety belt.

    (c) During the hours of 1/2 hour after sunset to 1/2 hour before sunrise without displaying a lighted headlight and lighted taillight.

    (d) Unless equipped with a braking system that may be operated by hand or foot, capable of producing deceleration at 14 feet per second on level ground at a speed of 20 miles per hour; a brake light, brighter than the taillight, visible when the brake is activated to the rear of the vehicle when the vehicle is operated during the hours of 1/2 hour after sunset and 1/2 hour before sunrise; and a throttle so designed that when the pressure used to advance the throttle is removed, the engine speed will immediately and automatically return to idle.

    (e) In a state game area or state park or recreation area, except on roads, trails, or areas designated for this purpose; on state owned lands under the control of the department other than game areas, state parks, or recreational areas where the operation would be in violation of rules promulgated by the department; in a forest nursery or planting area; on public lands posted or reasonably identifiable as an area of forest reproduction, and when growing stock may be damaged; in a dedicated natural area of the department; or in any area in such a manner as to create an erosive condition, or to injure, damage, or destroy trees or growing crops. However, the department may permit an owner and guests of the owner to use an ORV within the boundaries of a state forest in order to access the owner's property.

    (f) On the frozen surface of public waters within 100 feet of a person not in or upon a vehicle, or within 100 feet of a fishing shanty or shelter or an area that is cleared of snow for skating purposes, except at the minimum speed required to maintain controlled forward movement of the vehicle, or as may be authorized by permit in special events.

    (g) Unless the vehicle is equipped with a spark arrester type United States forest service approved muffler, in good working order and in constant operation. Exhaust noise emission shall not exceed 86 Db(A) or 82 Db(A) on a vehicle manufactured after January 1, 1986, when the vehicle is under full throttle, traveling in second gear, and measured 50 feet at right angles from the vehicle path with a sound level meter which meets the requirement of ANSI S1.4 1983, using procedure and ancillary equipment therein described; or 99 Db(A) or 94 Db(A) on a vehicle manufactured after January 1, 1986, or that level comparable to the current sound level as provided for by the United States environmental protection agency when tested according to the provisions of the current SAE J1287, June 86 test procedure for exhaust levels of stationary motorcycles, using sound level meters and ancillary equipment therein described. A vehicle subject to this part, manufactured or assembled after December 31, 1972 and used, sold, or offered for sale in this state, shall conform to the noise emission levels established by the United States environmental protection agency under the noise control act of 1972, Public Law 92-574, 86 Stat. 1234.

    (h) Within 100 feet of a dwelling at a speed greater than the minimum required to maintain controlled forward movement of the vehicle, except on property owned or under the operator's control or on which the operator is an invited guest, or on a roadway, forest road, or forest trail maintained by or under the jurisdiction of the department, or on an ORV access route as authorized by local ordinance.

    (i) In or upon the lands of another without the written consent of the owner, owner's agent or lessee, when required by part 731. The operator of the vehicle is liable for damage to private property, including, but not limited to, damage to trees, shrubs, growing crops, or injury to living creatures or damage caused through vehicle operation in a manner so as to create erosive or other ecological damage to private property. The owner of the private property may recover from the person responsible nominal damages of not less than the amount of damage or injury. Failure to post private property or fence or otherwise enclose in a manner to exclude intruders or of the private property owner or other authorized person to personally communicate against trespass does not imply consent to ORV use.

    (j) In an area on which public hunting is permitted during the regular November firearm deer season from 7 a.m. to 11 a.m. and from 2 p.m. to 5 p.m., except during an emergency or for law enforcement purposes, to go to and from a permanent residence or a hunting camp otherwise inaccessible by a conventional wheeled vehicle, to remove a deer, elk, or bear from public land which has been taken under a valid license; or except for the conduct of necessary work functions involving land and timber survey, communication and transmission line patrol, and timber harvest operations; or on property owned or under control of the operator or on which the operator is an invited guest. A hunter removing game pursuant to this subdivision shall be allowed to leave the designated trail or forest road only to retrieve the game and shall not exceed 5 miles per hour. A vehicle registered under the code is exempt from this subdivision while operating on a public highway or public or private road capable of sustaining automobile traffic. A person holding a valid permit to hunt from a standing vehicle issued pursuant to part 401, or a person with disabilities using an ORV to access public lands for purposes of hunting or fishing through use of a designated trail or forest road, is exempt from this subdivision.

    (k) While transporting on the vehicle a bow unless unstrung or encased, or a firearm unless unloaded and securely encased, or equipped with and made inoperative by a manufactured keylocked trigger housing mechanism.

    (l) On or across a cemetery or burial ground, or land used as an airport.

    (m) Within 100 feet of a slide, ski, or skating area, unless the vehicle is being used for the purpose of servicing the area.

    (n) On an operating or nonabandoned railroad or railroad right-of-way, or public utility right-of-way, other than for the purpose of crossing at a clearly established site intended for vehicular traffic, except railroad, public utility, or law enforcement personnel while in performance of their duties, and except if the right-of-way is designated as established in section 81127.

    (o) In or upon the waters of any stream, river, bog, wetland, swamp, marsh, or quagmire except over a bridge, culvert, or similar structure.

    (p) To hunt, pursue, worry, kill, or attempt to hunt, pursue, worry, or kill a bird or animal, wild or domesticated.

    (q) In a manner so as to leave behind litter or other debris.

    (r) In a manner contrary to operating regulations on public lands.

    (s) While transporting or possessing, in or on the vehicle, alcoholic liquor in a container that is open or uncapped or upon which the seal is broken, except under either of the following circumstances:

    (i) The container is in a trunk or compartment separate from the passenger compartment of the vehicle.

    (ii) If the vehicle does not have a trunk or compartment separate from the passenger compartment, the container is encased or enclosed.

    (t) While transporting any passenger in or upon an ORV unless the manufacturing standards for the vehicle make provisions for transporting passengers.

    "see next post for more of Prohibited acts"
    Last edited by Yetti; July 21st, 2007 at 07:46 PM.

  2. #2

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    Prohibited acts continued...

    (u) On adjacent private land, in an area zoned residential, within 300 feet of a dwelling at a speed greater than the minimum required to maintain controlled forward movement of the vehicle except on a roadway, forest road, or forest trail maintained by or under the jurisdiction of the department, or on an ORV access route as authorized by local ordinance.


    http://www.legislature.mi.gov/(S(s25...&highlight=orv



    FIREARMS (EXCERPT)
    Act 372 of 1927

    http://www.legislature.mi.gov/(S(s25...&highlight=orv



    USE TAX ACT (EXCERPT)
    Act 94 of 1937



    205.93 Tax rate; penalties and interest; presumption; collection; price tax base; exemptions; services, information, or records; applicability.


    Sec. 3.

    (1) There is levied upon and there shall be collected from every person in this state a specific tax for the privilege of using, storing, or consuming tangible personal property in this state at a rate equal to 6% of the price of the property or services specified in section 3a or 3b. Penalties and interest shall be added to the tax if applicable as provided in this act. For the purpose of the proper administration of this act and to prevent the evasion of the tax, all of the following shall be presumed:

    (a) That tangible personal property purchased is subject to the tax if brought into this state within 90 days of the purchase date and is considered as acquired for storage, use, or other consumption in this state.

    (b) That tangible personal property used solely for personal, nonbusiness purposes that is purchased outside of this state and that is not an aircraft is exempt from the tax levied under this act if 1 or more of the following conditions are satisfied:

    (i) The property is purchased by a person who is not a resident of this state at the time of purchase and is brought into this state more than 90 days after the date of purchase.

    (ii) The property is purchased by a person who is a resident of this state at the time of purchase and is brought into this state more than 360 days after the date of purchase.

    (2) The tax imposed by this section for the privilege of using, storing, or consuming a vehicle, ORV, manufactured housing, aircraft, snowmobile, or watercraft shall be collected before the transfer of the vehicle, ORV, manufactured housing, aircraft, snowmobile, or watercraft, except a transfer to a licensed dealer or retailer for purposes of resale that arises by reason of a transaction made by a person who does not transfer vehicles, ORVs, manufactured housing, aircraft, snowmobiles, or watercraft in the ordinary course of his or her business done in this state. The tax on a vehicle, ORV, snowmobile, and watercraft shall be collected by the secretary of state before the transfer of the vehicle, ORV, snowmobile, or watercraft registration. The tax on manufactured housing shall be collected by the department of consumer and industry services, mobile home commission, or its agent before the transfer of the certificate of title. The tax on an aircraft shall be collected by the department of treasury. The price tax base of a new or previously owned car or truck held for resale by a dealer and that is not exempt under section 4(1)(c) is the purchase price of the car or truck multiplied by 2.5% plus $30.00 per month beginning with the month that the dealer uses the car or truck in a nonexempt manner.

    (3) The following transfers or purchases are not subject to use tax:

    (a) A transaction or a portion of a transaction if the transferee or purchaser is the spouse, mother, father, brother, sister, child, stepparent, stepchild, stepbrother, stepsister, grandparent, grandchild, legal ward, or a legally appointed guardian with a certified letter of guardianship, of the transferor.

    (b) A transaction or a portion of a transaction if the transfer is a gift to a beneficiary in the administration of an estate.

    (c) If a vehicle, ORV, manufactured housing, aircraft, snowmobile, or watercraft that has once been subjected to the Michigan sales or use tax is transferred in connection with the organization, reorganization, dissolution, or partial liquidation of an incorporated or unincorporated business and the beneficial ownership is not changed.

    (d) If an insurance company licensed to conduct business in this state acquires ownership of a late model distressed vehicle as defined in section 12a of the Michigan vehicle code, 1949 PA 300, MCL 257.12a, through payment of damages in response to a claim or when the person who owned the vehicle before the insurance company reacquires ownership from the company as part of the settlement of a claim.

    (4) The department may utilize the services, information, or records of any other department or agency of state government in the performance of its duties under this act, and other departments or agencies of state government are required to furnish those services, information, or records upon the request of the department.

    (5) Any decrease in the rate of the tax levied under subsection (1) on services subject to tax under this act shall apply only to billings rendered on or after the effective date of the decrease.


    http://www.legislature.mi.gov/(S(s25...&highlight=orv




    USE TAX ACT (EXCERPT)
    Act 94 of 1937


    205.94g Exemption of property purchased as part of purchase or transfer of business; exceptions; definition.

    Sec. 4g.

    (1) The tax levied shall not apply to property purchased from a seller or transferor if the property is part of the purchase or transfer of a business.

    (2) The exemption provided by this section shall not apply to all of the following:

    (a) The purchase or transfer of tangible personal property that is stock-in-trade or other property of a kind which would properly be included in the inventory of the seller or transferor if on hand at the close of the seller's or transferor's tax period or property held by the seller or transferor for sale to customers in the ordinary course of its trade or business.

    (b) The purchase or transfer of a motor vehicle, ORV, mobile home, aircraft, snowmobile, or watercraft.

    (3) As used in this section, “purchase or transfer of a business” means 1 or more of the following:

    (a) The purchaser or transferee has acquired and intends to use the seller's or transferor's trade name or good will.

    (b) The purchaser or transferee intends to continue all or part of the business of the seller or transferor at the same location or at another location.

    (c) The purchaser or transferee acquired at least 75% of the seller's or transferor's tangible personal property at 1 or more of the seller's or transferor's business locations.

    http://www.legislature.mi.gov/(S(s25...&highlight=orv



    STREAMLINED SALES AND USE TAX REVENUE EQUALIZATION ACT (EXCERPT)
    Act 175 of 2004


    205.179 Storing, registering, or transferring ownership of vehicle; tax; exemption; credit.

    Sec. 9.

    (1) Except as provided in subsection (2), there is levied upon and there shall be collected from every person in this state a specific tax on the privilege of storing, registering, or transferring ownership of any vehicle other than a vehicle stored, registered, or transferred by a new or used vehicle dealer licensed by the department of state, ORV, manufactured housing, aircraft other than a qualified aircraft under section 11, snowmobile, or watercraft in this state at a rate of 6% of the retail dollar value at the time of acquisition as determined by the department of treasury. The tax shall be paid by the transferee. The tax on a vehicle, ORV, snowmobile, and watercraft shall be collected by the secretary of state before the transfer of the vehicle, ORV, snowmobile, or watercraft registration. The tax on an aircraft shall be paid to the department. The tax on manufactured housing shall be collected by the department of consumer and industry services, mobile home commission, or its agent before the transfer of the certificate of title.

    (2) A transfer for purposes of resale or a transfer that is exempt under any other exemption under the use tax act is exempt from the tax levied under subsection (1). A transfer subject to tax under the general sales tax act is exempt from the tax levied under subsection (1).

    (3) A credit against the tax levied under subsection (1) is allowed for an amount equal to any use tax paid by the taxpayer on the same property. The credit under this section shall not exceed the tax imposed by this act.


    History: 2004, Act 175, Eff. Sept. 1, 2004

    http://www.legislature.mi.gov/(S(s25...&highlight=orv
    Last edited by Yetti; July 21st, 2007 at 07:54 PM.

  3. #3

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    MICHIGAN VEHICLE CODE (EXCERPT)
    Act 300 of 1949


    257.320a Recording date of conviction, civil infraction determination, or probate court disposition and number of points; formula; interview; violation committed in another state.
    Sec. 320a.

    (1) Until October 1, 2005, within 10 days after the receipt of a properly prepared abstract from this state or another state, or, beginning October 1, 2005, within 5 days after the receipt of a properly prepared abstract from this state or another state, the secretary of state shall record the date of conviction, civil infraction determination, or probate court disposition, and the number of points for each, based on the following formula, except as otherwise provided in this section and section 629c:


    (a) Manslaughter, negligent homicide, or a
    felony resulting from the operation of a motor
    vehicle, ORV, or snowmobile............................6 points
    (b) A violation of section 601b(2) or (3),
    601c(1) or (2), or 653a(3) or (4)......................6 points
    (c) A violation of section 625(1), (4), (5),
    (7), or (8), section 81134 or 82127(1) of the
    natural resources and environmental protection act,
    1994 PA 451, MCL 324.81134 and 324.82127, or a law or
    ordinance substantially corresponding to section
    625(1), (4), (5), (7), or (8) or section 81134
    or 82127(1) of the natural resources and
    environmental protection act, 1994 PA 451,
    MCL 324.81134 and 324.82127............................6 points
    (d) Failing to stop and disclose identity
    at the scene of an accident when required by law.......6 points
    (e) Operating a motor vehicle in violation
    of section 626.........................................6 points
    (f) Fleeing or eluding an officer.................6 points
    (g) A violation of section 627(9) pertaining
    to speed in a work zone described in that section
    by exceeding the lawful maximum by more than
    15 miles per hour......................................5 points
    (h) A violation of any law other than the
    law described in subdivision (g) or ordinance
    pertaining to speed by exceeding the lawful
    maximum by more than 15 miles per hour.................4 points
    (i) A violation of section 625(3) or (6),
    section 81135 or 82127(3) of the natural
    resources and environmental protection act,
    1994 PA 451, MCL 324.81135 and 324.82127,
    or a law or ordinance substantially corresponding
    to section 625(3) or (6) or section 81135
    or 82127(3) of the natural resources and
    environmental protection act, 1994 PA 451,
    MCL 324.81135 and 324.82127............................4 points
    (j) A violation of section 626a or a law
    or ordinance substantially corresponding to
    section 626a...........................................4 points
    (k) A violation of section 653a(2)................4 points
    (l) A violation of section 627(9) pertaining
    to speed in a work zone described in that section
    by exceeding the lawful maximum by more than 10
    but not more than 15 miles per hour....................4 points
    (m) A violation of any law other than the
    law described in subdivision (l) or ordinance
    pertaining to speed by exceeding the lawful
    maximum by more than 10 but not more than 15
    miles per hour or careless driving in violation
    of section 626b or a law or ordinance substantially
    corresponding to section 626b..........................3 points
    (n) A violation of section 627(9) pertaining
    to speed in a work zone described in that section
    by exceeding the lawful maximum by 10 miles per
    hour or less...........................................3 points
    (o) A violation of any law other than the law
    described in subdivision (n) or ordinance pertaining
    to speed by exceeding the lawful maximum
    by 10 miles per hour or less...........................2 points
    (p) Disobeying a traffic signal or stop sign,
    or improper passing....................................3 points
    (q) A violation of section 624a, 624b, or a law
    or ordinance substantially corresponding to
    section 624a or 624b...................................2 points
    (r) A violation of section 310e(4) or (6) or
    a law or ordinance substantially corresponding to
    section 310e(4) or (6).................................2 points
    (s) All other moving violations pertaining to
    the operation of motor vehicles reported under
    this section........................................... 2 points
    (t) A refusal by a person less than 21 years of
    age to submit to a preliminary breath test required
    by a peace officer under section 625a..................2 points

    (2) Points shall not be entered for a violation of section 310e(14), 311, 625m, 658, 717, 719, 719a, or 723.

    (3) Points shall not be entered for bond forfeitures.

    (4) Points shall not be entered for overweight loads or for defective equipment.

    (5) If more than 1 conviction, civil infraction determination, or probate court disposition results from the same incident, points shall be entered only for the violation that receives the highest number of points under this section.

    (6) If a person has accumulated 9 points as provided in this section, the secretary of state may call the person in for an interview as to the person's driving ability and record after due notice as to time and place of the interview. If the person fails to appear as provided in this subsection, the secretary of state shall add 3 points to the person's record.

    (7) If a person violates a speed restriction established by an executive order issued during a state of energy emergency as provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of state shall enter points for the violation pursuant to subsection (1).

    (8) The secretary of state shall enter 6 points upon the record of a person whose license is suspended or denied pursuant to section 625f. However, if a conviction, civil infraction determination, or probate court disposition results from the same incident, additional points for that offense shall not be entered.

    (9) If a Michigan driver commits a violation in another state that would be a civil infraction if committed in Michigan, and a conviction results solely because of the failure of the Michigan driver to appear in that state to contest the violation, upon receipt of the abstract of conviction by the secretary of state, the violation shall be noted on the driver's record, but no points shall be assessed against his or her driver's license.

  4. #4

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    MICHIGAN VEHICLE CODE (EXCERPT)
    Act 300 of 1949


    257.732a Driver responsibility fee; assessment; notice; payment by installment; failure to pay fee; fire protection fund; creation; disposition of funds; transmission of funds to state treasurer; appropriation.

    Sec. 732a.

    (1) An individual, whether licensed or not, who accumulates 7 or more points on his or her driving record pursuant to sections 320a and 629c within a 2-year period for any violation not listed under subsection (2) shall be assessed a $100.00 driver responsibility fee. For each additional point accumulated above 7 points not listed under subsection (2), an additional fee of $50.00 shall be assessed. The secretary of state shall collect the fees described in this subsection once each year that the point total on an individual driving record is 7 points or more.

    (2) An individual, whether licensed or not, who violates any of the following sections or another law or local ordinance that substantially corresponds to those sections shall be assessed a driver responsibility fee as follows:

    (a) Upon posting of an abstract that an individual has been found guilty for a violation of law listed or described in this subdivision, the secretary of state shall assess a $1,000.00 driver responsibility fee each year for 2 consecutive years:

    (i) Manslaughter, negligent homicide, or a felony resulting from the operation of a motor vehicle, ORV, or snowmobile.

    (ii) Section 601b(2) or (3), 601c(1) or (2), or 653a(3) or (4).

    (iii) Section 625(1), (4), or (5), section 625m, or section 81134 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81134, or a law or ordinance substantially corresponding to section 625(1), (4), or (5), section 625m, or section 81134 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81134.

    (iv) Failing to stop and disclose identity at the scene of an accident when required by law.

    (v) Fleeing or eluding an officer.

    (b) Upon posting of an abstract that an individual has been found guilty for a violation of law listed in this subdivision, the secretary of state shall assess a $500.00 driver responsibility fee each year for 2 consecutive years:

    (i) Section 625(3), (6), (7), or (8).

    (ii) Section 626.

    (iii) Section 904.

    (iv) Section 3101, 3102(1), or 3103 of the insurance code of 1956, 1956 PA 218, MCL 500.3101, 500.3102, and 500.3103.

    (c) Upon posting of an abstract that an individual has been found guilty for a violation of section 301, the secretary of state shall assess a $150.00 driver responsibility fee each year for 2 consecutive years.

    (d) Subject to subsection (8), upon posting of an abstract that an individual has been found guilty or determined responsible for a violation listed in section 328, the secretary of state shall assess a $200.00 driver responsibility fee each year for 2 consecutive years.

    (3) The secretary of state shall send a notice of the driver responsibility assessment, as prescribed under subsection (1) or (2), to the individual by regular mail to the address on the records of the secretary of state. If payment is not received within 30 days after the notice is mailed, the secretary of state shall send a second notice that indicates that if payment is not received within the next 30 days, the driver's driving privileges will be suspended.

    (4) The secretary of state may authorize payment by installment for an amount of $500.00 or more for a period not to exceed 12 months.

    (5) If payment is not received or an installment plan is not established after the time limit required by the second notice prescribed under subsection (3) expires, the secretary of state shall suspend the driving privileges until the assessment and any other fees prescribed under this act are paid.

    (6) A fee shall not be assessed under this section for 7 points or more on a driving record on October 1, 2003. Points assigned after October 1, 2003 shall be assessed as prescribed under subsections (1) and (2).

    (7) A driver responsibility fee shall be assessed under this section in the same manner for a conviction or determination of responsibility for a violation or an attempted violation of a law of this state, of a local ordinance substantially corresponding to a law of this state, or of a law of another state substantially corresponding to a law of this state.

    (8) Not more than 60 days after the effective date of the amendatory act that added this subsection, if an individual who was issued a citation for a violation of section 328(1) for failing to produce a certificate of insurance from October 1, 2003 until the date the amendatory act that added this subsection takes effect presents a certificate of insurance that was in effect at the time the individual was issued the citation to the court that forwarded the abstract, the court shall rescind the abstract. After the court rescinds the abstract as described in this subsection, the court shall notify the secretary of state, which shall refund, waive, or both refund and waive the driver responsibility fee corresponding to the violation, as appropriate.

    (9) The fire protection fund is created within the state treasury. The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments. Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund. The department of consumer and industry services shall expend money from the fund, upon appropriation, only for fire protection grants to cities, villages, and townships with state owned facilities for fire services, as provided in 1977 PA 289, MCL 141.951 to 141.956.

    (10) The secretary of state shall transmit the fees collected under this section to the state treasurer. The state treasurer shall credit fee money received under this section in each fiscal year as follows:

    (a) The first $65,000,000.00 shall be credited to the general fund.

    (b) If more than $65,000,000.00 is collected under this section, the next amount collected in excess of $65,000,000.00 up to $68,500,000.00 shall be credited to the fire protection fund created in this section.

    (c) If more than $100,000,000.00 is collected under this section, the next amount collected in excess of $100,000,000.00 up to $105,000,000.00 shall be credited to the fire protection fund created in this section.

    (d) Any amount collected after crediting the amounts under subdivisions (a), (b), and (c) shall be credited to the general fund.

    (11) For fiscal year 2003-2004, $3,500,000.00 is appropriated from the fire protection fund described in subsection (9) to the department of consumer and industry services for the purposes described under subsection (9).

  5. #5

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    NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
    Act 451 of 1994


    324.71101 Definitions.
    Sec. 71101.

    As used in this part:

    (a) "Associated facilities" means restrooms, shelters, campgrounds, and parking lots directly related to trails or waterways projects.


    (b) "Off-road vehicle" means ORV as it is defined in part 811, which is required to be registered under part 811.

    (c) "Off-road vehicle account" means the off-road vehicle account of the Michigan conservation and recreation legacy fund provided for in section 2015.

    (d) "Recreation improvement account" means the recreation improvement account of the Michigan conservation and recreation legacy fund provided for in section 2020.

    (e) "Recreational projects" means, in addition to the activities provided for in this part, the construction, maintenance, and operation of trails and associated facilities that may be used by off-road vehicles, cross-country skiers, horseback riders, and hikers, and inland lake cleanup grants as provided by part 309.

    (f) "Snowmobile account" means the snowmobile account of the Michigan conservation and recreation legacy fund provided for in section 2025.

    (g) "Vessel" means all watercraft except the following:

    (i) Watercraft used for commercial fishing.

    (ii) Watercraft used by the sea scout department of the boy scouts of America chiefly for training scouts in seamanship.

    (iii) Watercraft owned by this state, any political subdivision of this state, or the federal government.

    (iv) Watercraft when used in interstate or foreign commerce and watercraft used or owned by any railroad company or railroad car ferry company.

    (v) Watercraft when used in trade, including watercraft when used in connection with an activity that constitutes a person's chief business or means of livelihood.

    (h) "Watercraft" means any contrivance that is used or designed for navigation on water, including, but not limited to, any vessel, ship, boat, motor vessel, steam vessel, vessel operated by machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat, but does not include watercraft used or owned by the United States.

    (i) "Waterways account" means the waterways account of the Michigan conservation and recreation legacy fund provided for in section 2035.

    http://www.legislature.mi.gov/(S(s25...&highlight=orv



    324.81101 Definitions.
    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.

    (c) "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 inches 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) "Off-road vehicle account" means the off-road vehicle account of the Michigan conservation and recreation legacy fund provided for in section 2015.

    (l) "Operate" means to ride in or on, and be in actual physical control of, the operation of an ORV.

    (m) "Operator" means a person who operates or is in actual physical control of the operation of an ORV.

    (n) "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.

    (o) "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.

    (p) "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.

    (q) "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.

    (r) "Public agency" means the department or a local or federal unit of government.

    (s) "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.

    (t) "Route" means a forest road or other road that is designated for purposes of this part by the department.


    (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) "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.

    http://www.legislature.mi.gov/(S(s25...&highlight=orv
    Last edited by Yetti; July 21st, 2007 at 06:53 PM.

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    324.81102 Vehicles exempt from licensure provisions.

    Sec. 81102.

    (1) A vehicle registered under the code or a vehicle registered under part 801 is exempt from the licensure provisions of this part, unless the vehicle is operated as an ORV off highways, roadways, streets, and forest roads.

    (2) An ORV operated solely on private property by the owner of the property, a family member of the owner, or an invited guest of the owner is exempt from the licensure provisions of this part.

    http://www.legislature.mi.gov/(S(s25...&highlight=orv





    324.81103 ORV; certificate of title generally.

    Sec. 81103.

    (1) After April 1, 1991, every ORV sold by a dealer to a retail purchaser shall be subject to the certificate of title provisions of this part.

    (2) After April 1, 1991, a person who purchases or otherwise acquires an ORV shall make application for a certificate of title as provided in this part.

    (3) After April 1, 1991, the owner of an ORV that has not been titled pursuant to subsection (1) or (2) or the code may apply for and, if otherwise eligible, receive a certificate of title issued under this part. If the ORV was previously titled under the code, it is not eligible for titling under this part.

    http://www.legislature.mi.gov/(S(s25...&highlight=orv
    Last edited by Yetti; July 21st, 2007 at 06:51 PM.

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    324.81104 Application for title to ORV under code.

    Sec. 81104.

    The owner of an ORV that has been and is titled under this part may, if the ORV is otherwise eligible, apply for a title to the ORV under the code. If the owner applies for a title under the code, the title issued under this part shall at that time be surrendered to the department of state.

    http://www.legislature.mi.gov/(S(s25...&highlight=orv


    324.81105 ORV; sale or assignment of ownership; purchase or acquisition; requirements.

    Sec. 81105.

    After an ORV has been titled under this part, both of the following shall occur:

    (a) The owner, except as provided in section 81104, shall not sell or otherwise assign ownership in the ORV without delivering to the transferee a certificate of title showing assignment of the ORV in the transferee's name.

    (b) A person shall not purchase or otherwise acquire an ORV without obtaining a certificate of title to it in the person's name pursuant to either this part or the code.

    http://www.legislature.mi.gov/(S(s25...&highlight=orv



    324.81106 ORV exempt from §§ 257.1101 to 257.1133 and §§ 500.3101 to 500.3179.

    Sec. 81106.

    An ORV is exempt from the motor vehicle accident claims act, Act No. 198 of the Public Acts of 1965, being sections 257.1101 to 257.1133 of the Michigan Compiled Laws, and from sections 3101 to 3179 of the insurance code of 1956, Act No. 218 of the Public Acts of 1956, being sections 500.3101 to 500.3179 of the Michigan Compiled Laws.


    http://www.legislature.mi.gov/(S(s25...&highlight=orv

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    324.81107 Manufacturer's certificate of origin.

    Sec. 81107.

    (1) A person shall not sell or otherwise transfer an ORV to a dealer, to be used by the dealer for purposes of display and resale, without delivering to the dealer a manufacturer's certificate of origin executed in accordance with this section. A dealer shall not purchase or otherwise acquire a new ORV without obtaining a manufacturer's certificate of origin.

    (2) A manufacturer's certificate of origin shall contain the following information:

    (a) A description of the ORV, including year, make, model or series, and vehicle identification number.

    (b) Certification of the date of the transfer of the ORV to the dealer.

    (c) The dealer's name and address.

    (d) Certification that this transaction is the first transfer of the new ORV in ordinary commerce.

    (e) The transferor's signature and address.

    (3) An assignment of a manufacturer's certificate of origin shall be printed on the reverse side of the certificate. The assignment shall include the name and address of the transferee, a certification that the ORV is new, and a warranty that the title at the time of delivery is subject only to the secured interests set forth in the assignment.

    http://www.legislature.mi.gov/(S(s25...&highlight=orv



    324.81108 Application for ORV certificate of title; form; contents; security agreement; perfection of security interest.
    Sec. 81108.

    (1) An application for an ORV certificate of title shall be on a form prescribed by the department of state. The application shall be certified by the owner or purchaser and shall contain, in addition to other information required by the department of state, the following information:

    (a) The applicant's name and address.

    (b) A statement of any security interest or other liens on the ORV, along with the name and address of any lienholder.

    (c) If a lien is not outstanding, a statement of that fact.

    (d) A description of the ORV, including the year, make, model or series, and vehicle identification number.

    (2) An application for an ORV certificate of title that indicates the existence of a security interest in the ORV shall, if requested by the security interest holder, be accompanied by a copy of the security agreement, which may be unsigned. The department of state shall indicate on the copy the date and place of filing and shall return the copy to the person who filed the application. The filer shall forward the copy to the security interest holder identified in the application.

    (3) Receipt by the secretary of state of a properly tendered application for an ORV certificate of title that indicates the existence of a security interest in the ORV is a condition of perfection of a security interest in the ORV and is equivalent to filing a financing statement under the uniform commercial code, 1962 PA 174, MCL 440.1101 to 440.11102, with respect to the ORV. When a security interest in an ORV is perfected, it has priority over the rights of a lien creditor as lien creditor is defined in section 9102 of the uniform commercial code, 1962 PA 174, MCL 440.9102.

    http://www.legislature.mi.gov/(S(s25...&highlight=orv

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    324.81109 Making application to department of state for issuance of ORV certificate of title.

    Sec. 81109.

    (1) The purchaser or other transferee of an ORV subject to the titling provisions of this part shall, except as provided in subsection (2), make application to the department of state for issuance of a certificate of title to the ORV. The application shall be filed within 15 days after the date of purchase or transfer.

    (2) A dealer selling ORVs at retail, within 15 days after delivering an ORV to a retail purchaser, shall make application for issuance of an ORV certificate of title in the purchaser's name. The purchaser of the ORV shall sign the application and other papers necessary to enable the dealer to secure the title from the department of state. If the ORV was not previously titled, the application shall be accompanied by a manufacturer's certificate of origin.

    (3) At the request of the applicant, the department of state shall process an application for an ORV certificate of title on an expedited basis.

    (4) An application filed with the department of state pursuant to this section shall be accompanied by the fee or fees prescribed in section 81110.

    (5) Beginning January 1, 1992, a person who violates this section is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $100.00.

    http://www.legislature.mi.gov/(S(s25...&highlight=orv


    324.81110 Fee for processing application for ORV certificate of title.
    Sec. 81110.

    (1) The department of state shall charge a fee of $11.00 for processing an application for an ORV certificate of title or a duplicate ORV certificate of title. The department of state shall charge an additional fee of $5.00 for processing an application on an expedited basis.

    (2) If a check or draft in payment of a required fee is not paid on its first presentation, the fee is delinquent as of the date the check or draft was tendered. The person tendering the check or draft remains liable for the payment of each fee and any penalty.

    (3) The department of state may suspend an ORV certificate of title if the department of state determines that a fee prescribed in this section has not been paid and remains unpaid after reasonable notice or demand.

    (4) If a fee is still delinquent 15 days after the department of state has given notice to a person who tendered the check or draft, a $10.00 penalty shall be assessed and collected in addition to the fee.

    (5) The revenue collected from the fees imposed under this section shall be used to support the administrative costs of the secretary of state required by this section. Annual revenue collected in excess of these administrative costs shall be credited to the off-road vehicle account. Amounts appropriated for administrative costs but unexpended shall be credited to the off-road vehicle account.


    http://www.legislature.mi.gov/(S(s25...&highlight=orv

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    324.81111 Refusal to issue ORV certificate of title; grounds; issuance and delivery; requiring certification of ownership.

    Sec. 81111.

    (1) The department of state may refuse to issue an original or duplicate ORV certificate of title if any of the following occur:

    (a) The applicant fails to furnish all required information or reasonable additional information requested by the department of state.

    (b) The required fee has not been paid.

    (c) The applicant is not entitled to an ORV certificate of title under this part.

    (d) The ORV is titled under the code.

    (e) The application contains a false or fraudulent statement.

    (f) The department of state has reasonable grounds to believe that the ORV was stolen or embezzled.

    (2) If satisfied that the applicant is the owner of the ORV and is otherwise entitled to an ORV certificate of title, the department of state shall issue an ORV certificate of title in the applicant's name. The certificate shall be mailed or otherwise delivered to the owner of the ORV or to another person specified by the owner in a separate instrument, in a form prescribed by the department of state.

    (3) If the secretary of state is not satisfied as to the ownership of an ORV which is not a late model ORV and whose value does not exceed $1,500.00, the secretary of state shall require the applicant to certify that the applicant is the owner of the ORV and therefore entitled to make application for a certificate of title for the ORV.

    http://www.legislature.mi.gov/(S(s25...&highlight=orv


    324.81112 Manufacturing requirements for ORV certificate of title; uniform method of numbering; contents; prohibited acts; penalties.
    Sec. 81112.

    (1) An ORV certificate of title shall be manufactured in a manner to prevent as nearly as possible the reproduction, alteration, counterfeiting, forging, or duplication of the certificate without ready detection. An ORV certificate of title shall contain on its face the information set forth in the application, including a notation of all secured interests in the ORV, the date on which the application was filed, and other information required by the department of state.

    (2) The department of state shall prescribe a uniform method of numbering ORV certificates of title.

    (3) An ORV certificate of title shall contain a form for assignment and warranty of title by the owner with space for the notation of a security interest in the ORV. The ORV certificate of title may also contain other forms that the department of state considers necessary to facilitate the effective administration of this part. The certificate shall bear the coat of arms of this state.

    (4) A person who intentionally reproduces, alters, counterfeits, forges, or duplicates an ORV certificate of title or who uses a reproduced, altered, counterfeited, forged, or duplicated ORV certificate of title is subject to the following penalties:

    (a) If the intent of reproduction, alteration, counterfeiting, forging, duplication, or use was to commit or aid in the commission of an offense punishable by imprisonment for 1 or more years, the person committing the reproduction, alteration, counterfeiting, forging, duplication, or use is guilty of a misdemeanor punishable by imprisonment for a period equal to that which could be imposed for the commission of the offense the person had the intent to aid or commit or a fine of not more than $5,000.00, or both.

    (b) If the intent of the reproduction, alteration, counterfeiting, forging, duplication, or use was to commit or aid in the commission of an offense punishable by imprisonment for not more than 1 year, the person committing the reproduction, alteration, counterfeiting, forging, duplication, or use is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

    http://www.legislature.mi.gov/(S(s25...&highlight=orv


    324.81113 Loss, mutilation, or illegibility of ORV certificate; application for and issuance of duplicate; legend; indexes.

    Sec. 81113.

    (1) If an ORV certificate of title or duplicate certificate of title is lost or mutilated or becomes illegible, the person entitled to possession of the certificate, or the legal representative or successor in interest to the titleholder of record, may make application to the department of state for a duplicate ORV certificate of title. Upon receipt of the application, the fee prescribed in section 81110, and information satisfactory to the department of state to establish entitlement to the duplicate, the department of state may issue a duplicate ORV certificate of title to the applicant.

    (2) Every duplicate ORV certificate of title shall contain the legend: “This is a duplicate certificate of title and may be subject to the rights of a person under the original certificate.”.

    (3) The secretary of state shall maintain 1 or more indexes pertaining to ORV certificates of title. Upon receiving an application for an ORV certificate of title, the secretary of state may check the information in the application and accompanying documents against the indexes of titled, registered, stolen, and recovered ORVs and against other records maintained by the secretary of state.

    http://www.legislature.mi.gov/(S(s25...&highlight=orv

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