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Thread: Its Official! Michigan has a new ORV law!

  1. #1

    Default Its Official! Michigan has a new ORV law!

    Press release on 4323; signed by the Gov
    Press release from Rep Sheltron. .pdf attached below. Grabbed latest I could find, Should be passed version.
    ++++++++++++++++++++++++++++++++++++++++++++++++
    Friends:

    House Bill 4323, which provides clear legal authority for counties, townships, cities and villages in northern Michigan to allow ORVs on their road shoulders was signed into law this morning. It is now Public Act 240 of 2008.

    Counties, cities and villages may begin the process of adopting their ordinances immediately. Under the new law, counties must provide a 45 day comment period to their country road commissioners and the DNR (if state forest land is in the county). County ordinances won't go into affect until approved by the county board of commissioners following this 45 day period. Cities and villages do not need to provide a comment period and could adopt ordinances for their streets beginning today. Under law, townships may not begin the process of adopting their ordinances until July 17, 2009 unless empowered by the county to do so sooner. A model ordinance will be available through my office or by contacting the Michigan Association of Counties.

    Please be aware that the new law removed the old "access route" language previously in law. Consequently, none of the existing ORV ordinances in any northern Michigan county, including the counties in Upper Peninsula are valid. Until new ordinances are adopted, it is not legal to drive an ORV on a road or street anywhere in Michigan.

    Another common question about the new law is whether it covers golf carts. While it is possible to drive a golf cart on an ORV trail in the state provided it has an ORV permit, this does not legally make a golf cart an ORV. In order to qualify as an ORV, a golf cart has to capable of cross country travel without benefit of road or trail. While some golf carts have been modified to accomplish this and would likely qualify under the new law, the standard golf cart would not qualify.

    I would like to thank all of you who helped in drafting this legislation during the public comment process and for helping lobby for this bill during the past two years. We overcame stiff opposition from the County Road Association of Michigan and various other Lansing special interests and bureaucrats. Many people doubted we would succeed. But today, we have prevailed in making a historic change to ORV law in Michigan.

    Enjoy your weekend and start contacting your county commissioners to get an ordinance adopted in your area!

    Thanks again,

    Joel Sheltrown
    State Representative
    103rd House District
    Attached Files2007-HNB-4323.pdf (83.3 KB, 3 views)

  2. #2

    Default

    WE WIN!!!!!!!!
    GOVERNOR SIGNS HB 4323 & HB 5559

    July 17, 2008
    Michigan Motorized Recreation Council
    For Immediate Release:

    We were informed moments ago; the Governor signed both ORV bills at 10:11 this morning, HB 4323 and the tie-bar bill regarding insurance, HB 5559 into Michigan law. Now referred to as Public Act 240 and Public Act 241 of 2008.

    This now makes it clearly legal for Michigan counties and townships to open their roadways to ORV use on the ďfar rightĒ, at a speed no greater than 25 mph, once a local ordinance is adopted. All youths must have DNR ORV safety training and be under visual supervision of an adult, able to come to their immediate aid as per current law.

    We now begin the process of implementing these new laws for the benefit of the ORV user and Michiganís economic climate. In reality, all current ordinances permitting ORV use on roadways became void once the Governor signed the bills because of language change.

    A county must give a 45 day notice to the Road Commission, Sheriff and DNR forestry people within a county of the intent to adopt an ordinance as now clearly provided for under Michigan Compiled law.

    Once a county adopts, every township is in, unless they choose to opt out. If after one year, a county donít adopt an ordinance, a township may.

    We have a draft wrote up and plan to be meeting with legal council from Michigan Association of Counties and have a master ordinance for the 43 counties affected by this change of law. Hopefully, we have uniform ordinances in all of northern Michigan.

    Within a few days, we plan to have more answers and solutions available.

    Our THANKS to Representative Joel Sheltrown (D) District 103 and his very affective aide Brady Schickinger, for getting the bill introduced and dealing with all 19 amendments.

    THANKS to Senator Tony Stamas, (R) District 36 for stepping up to the plate in the Senate and making things happen there.

    Every one of you who somehow played a part, by a phone call, e-mail or attended a hearing, whatever, deserve some of the greatest THANKS.

  3. #3
    Needin' Time to Wheel GLFWDA Member Jarhead's Avatar
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    Thank You for keeping us in the loop.
    Jarhead (Bob)
    Past President GLFWDA
    Former Membership Secretary
    Former Landuse Committee Chair


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  4. #4

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    Sweet. I'm gonna go modify my golf cart now.
    75 Wagoneer : 01 TJ : 06 Chevy 2500HD 4x4

  5. #5
    GLFWDA Member GLFWDA Member Trail_Fanatic's Avatar
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    P.A. 240 Actions

    October 22, 2008
    Michigan Motorized Recreation Council
    For immediate release & posting

    Current action by counties regarding PA 240 permitting ORVís to operate on roadways.

    Passed Ogemaw 9-11-08
    Delta 9-24-08
    Roscommon 10-08-08
    Mackinac 10-09-08
    Chippewa 10-13-08
    Missaukee 10-14-08
    Arenac 10-14-08
    Clare 10-15-08
    Schoolcraft 10-21-08
    Ontonagon 10-21-08
    Kewawnaw
    Houghton 10-21-08
    Gogebic 10-22-08

    It is the users responsibility to know date of implementation, roads open to ORV travel, ORV speed limits. GET LOCAL INFORMATION BEFORE RIDING!

    Final vote Alpena 10-28-08
    Luce 11-13-08 Hearing & vote 6:45
    Wexford tba
    Osceola tba


    Hearing dateOscoda 11-06-08 7:00 pm
    Marquette 11-12-08 6:00 pm
    Manistee 11-18-08 10:00 am
    Crawford 11-19-08 10:00 am
    Kalkaska 12-05-08 10:00 am

    Check with the county clerk for exact date, time and location.

    If you live, own property or recreate in any of the above counties, we urge you, as an ORV user to become involved by participating in a public hearing or sending a letter of support to the county commission, urging them to adopt PA 240. Addresses are available on the net @ micounties.org

    Additions or corrections to the above list are welcome.
    Pat Brower

    Quis custodiet ipsos custodes?

  6. #6
    GLFWDA Member GLFWDA Member Trail_Fanatic's Avatar
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    P.A. 240 Actions

    November 8, 2008
    Michigan Motorized Recreation Council
    For immediate release & posting

    Current action by counties regarding PA 240 permitting ORVís to operate on roadways.

    Passed Ogemaw 9-11-08
    Delta 9-24-08
    Roscommon 10-08-08
    Mackinac 10-09-08
    Chippewa 10-13-08
    Missaukee 10-14-08
    Arenac 10-14-08
    Clare 10-15-08
    Schoolcraft 10-21-08
    Ontonagon 10-21-08
    Houghton 10-21-08
    Gogebic 10-22-08
    Dickinson 10-27-08
    Alpena 10-28-08
    Osceola 11-04-08

    It is the users responsibility to know date of implementation, roads open to ORV travel, ORV speed limits. GET LOCAL INFORMATION BEFORE RIDING!

    Final voteLuce 11-13-08 Hearing & vote 6:45
    Wexford tba
    Oscoda 11-25-08

    Hearing Marquette 11-12-08 6:00 pm
    Manistee 11-18-08 10:00 am
    Crawford 11-19-08 10:00 am
    Kalkaska 12-05-08 7:00 pm
    Keweenaw 12-17-06 6:00 pm
    Iosco 1-07-09 9:30 am

    Check with the county clerk for exact date, time and location.

    If you live, own property or recreate in any of the above counties, we urge you, as an ORV user to become involved by participating in a public hearing or sending a letter of support to the county commission, urging them to adopt PA 240. Addresses are available on the net @ micounties.org

    Additions or corrections to the above list are welcome.


    Michigan Motorized Recreation Council public releases are the result of round table discussions by the leaders of major ORV organizations in Michigan, representing over 20,000 members. For additional information, contact Dick Ranney, Coordinator @ 989-469-2405.
    Pat Brower

    Quis custodiet ipsos custodes?

  7. #7

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    ok guys I have heard some bull about this bill, but the one I heard the other day made me laugh out loud. a guy was trying to tell me his motorcycle club had had a meeting and they had said that all the county orv bills are out of service from April 1 to June 1?

    anyone heard anything this stupid yet?

  8. #8
    Needin' Time to Wheel GLFWDA Member Jarhead's Avatar
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    Quote Originally Posted by Yetti View Post
    ok guys I have heard some bull about this bill, but the one I heard the other day made me laugh out loud. a guy was trying to tell me his motorcycle club had had a meeting and they had said that all the county orv bills are out of service from April 1 to June 1?

    anyone heard anything this stupid yet?
    If you find out what he was smoking...you might find out if it is legal...
    Jarhead (Bob)
    Past President GLFWDA
    Former Membership Secretary
    Former Landuse Committee Chair


    http://www.glfwda.org/join.html

  9. #9
    GLFWDA Member GLFWDA Member Trail_Fanatic's Avatar
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    Quote Originally Posted by Jarhead View Post
    If you find out what he was smoking...you might find out if it is legal...

    Or at least has a prescription for it (now).
    Pat Brower

    Quis custodiet ipsos custodes?

  10. #10
    GLFWDA Member GLFWDA Member Trail_Fanatic's Avatar
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    Seriously though, I haven't heard anything of the sort.

    Seeing this post come up on the 'show new posts' reminds me that I need to update the list of approved counties. It's growing fast.
    Pat Brower

    Quis custodiet ipsos custodes?

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