Non Traditional And Alternative Vehicles New

Non-Traditional and Non-Traditional and Alternative VehiclesAlternative Vehicles

Sgt. Lance R. CookSgt. Lance R. Cook

Michigan State PoliceMichigan State Police

Traffic Safety DivisionTraffic Safety Division

February-April, 2009February-April, 2009

Scope of This SessionScope of This Session Definitions and legal status of several Definitions and legal status of several

non-traditional and alternative non-traditional and alternative vehiclesvehicles

Requirements for legal operation and Requirements for legal operation and registration or exceptionregistration or exception

Upgrading of some ORVs to street Upgrading of some ORVs to street legal statuslegal status

2008 PA 240 allowing operation of 2008 PA 240 allowing operation of ORVs on roads in some counties by ORVs on roads in some counties by county or municipal ordinancecounty or municipal ordinance

General Categories of Alternative General Categories of Alternative and Non-Traditional Vehiclesand Non-Traditional Vehicles

Motorcycles, mopeds, gopeds, Motorcycles, mopeds, gopeds, motorized bicycles, and “pocket bikes”motorized bicycles, and “pocket bikes”

Motorized wheelchairs, assistive Motorized wheelchairs, assistive devices, Segway device, and other devices, Segway device, and other “scooters”“scooters”

Low speed vehicles and golf cartsLow speed vehicles and golf carts Off-road vehiclesOff-road vehicles Special Mobile equipment and Special Mobile equipment and

implements of husbandryimplements of husbandry

Part 1:Part 1:DefinitionsDefinitions

VehicleVehicle 257.79 257.79 “Vehicle” means every device in, “Vehicle” means every device in,

upon, or by which any person or property upon, or by which any person or property is or may be transported or drawn upon a is or may be transported or drawn upon a highway, except devices exclusively highway, except devices exclusively moved by human power or used moved by human power or used exclusively upon stationary rails or tracks exclusively upon stationary rails or tracks and except, only for the purpose of titling and except, only for the purpose of titling and registration under this act, a mobile and registration under this act, a mobile home as defined in section 2 of the mobile home as defined in section 2 of the mobile home commission act, Act No. 96 of the home commission act, Act No. 96 of the Public Acts of 1987, being section Public Acts of 1987, being section 125.2302 of the Michigan Compiled Laws.125.2302 of the Michigan Compiled Laws.

Motor VehicleMotor Vehicle 257.33 257.33 “Motor vehicle” means every “Motor vehicle” means every

vehicle that is self-propelled, but for vehicle that is self-propelled, but for purposes of chapter 4 of this act motor purposes of chapter 4 of this act motor vehicle does not include industrial vehicle does not include industrial equipment such as a forklift, a front-end equipment such as a forklift, a front-end loader, or other construction equipment loader, or other construction equipment that is not subject to registration under that is not subject to registration under this act. Motor vehicle does not include an this act. Motor vehicle does not include an electric patrol vehicle being operated in electric patrol vehicle being operated in compliance with the electric patrol vehicle compliance with the electric patrol vehicle act. Motor vehicle does not include an act. Motor vehicle does not include an electric personal assistive mobility device.electric personal assistive mobility device.

MotorcycleMotorcycle

257.31 257.31 “Motorcycle” means every “Motorcycle” means every motor vehicle having a saddle or seat motor vehicle having a saddle or seat for the use of the rider and designed for the use of the rider and designed to travel on not more than 3 wheels to travel on not more than 3 wheels in contact with the ground but in contact with the ground but excluding a tractor.excluding a tractor.

MopedMoped

257.32b 257.32b “Moped” means a 2- or 3-“Moped” means a 2- or 3-wheeled vehicle which is equipped with a wheeled vehicle which is equipped with a motor that does not exceed 50 cubic motor that does not exceed 50 cubic centimeters piston displacement, centimeters piston displacement, produces 2.0 brake horsepower or less, produces 2.0 brake horsepower or less, and cannot propel the vehicle at a speed and cannot propel the vehicle at a speed greater than 30 miles per hour on a level greater than 30 miles per hour on a level surface. The power drive system shall surface. The power drive system shall not require the operator to shift gears.not require the operator to shift gears.

BicycleBicycle

257.4 257.4 “Bicycle” means a device “Bicycle” means a device propelled by human power upon propelled by human power upon which a person may ride, having which a person may ride, having either 2 or 3 wheels in a tandem or either 2 or 3 wheels in a tandem or tricycle arrangement, all of which are tricycle arrangement, all of which are over 14 inches in diameter.over 14 inches in diameter.

Segway ScooterSegway Scooter

257.13c 257.13c “Electric personal assistive “Electric personal assistive mobility device” means a self-balancing mobility device” means a self-balancing nontandem 2-wheeled device, designed nontandem 2-wheeled device, designed to transport only 1 person at a time, to transport only 1 person at a time, having an electrical propulsion system having an electrical propulsion system with average power of 750 watts or 1 with average power of 750 watts or 1 horsepower and a maximum speed on a horsepower and a maximum speed on a paved level surface of not more than 15 paved level surface of not more than 15 miles per hour.miles per hour.

Farm TractorFarm Tractor

257.16 257.16 “Farm tractor” means every “Farm tractor” means every motor vehicle designed and used motor vehicle designed and used primarily as a farm implement for primarily as a farm implement for drawing plows, mowing machines, drawing plows, mowing machines, and other implements of husbandry.and other implements of husbandry.

Implement of HusbandryImplement of Husbandry

257.21 257.21 “Implement of husbandry” “Implement of husbandry” means a vehicle which is either a farm means a vehicle which is either a farm tractor, a vehicle designed to be drawn tractor, a vehicle designed to be drawn by a farm tractor or an animal, a by a farm tractor or an animal, a vehicle which directly harvests farm vehicle which directly harvests farm products, or a vehicle which directly products, or a vehicle which directly applies fertilizer, spray, or seeds to a applies fertilizer, spray, or seeds to a farm field.farm field.

TruckTruck

257.75 257.75 “Truck” means every motor “Truck” means every motor vehicle designed, used, vehicle designed, used, oror maintained primarily for the maintained primarily for the transportation of property.transportation of property.

TrailerTrailer

257.73 257.73 “Trailer” means every “Trailer” means every vehicle with or without motive power, vehicle with or without motive power, other than a pole-trailer, designed for other than a pole-trailer, designed for carrying property or persons and for carrying property or persons and for being drawn by a motor vehicle and being drawn by a motor vehicle and so constructed that no part of its so constructed that no part of its weight rests upon the towing vehicle.weight rests upon the towing vehicle.

Special Mobile EquipmentSpecial Mobile Equipment 257.62 257.62 “Special mobile equipment” means every “Special mobile equipment” means every

vehicle not designed vehicle not designed oror used primarily for the used primarily for the transportation of persons or property and transportation of persons or property and incidentally operated or moved over the incidentally operated or moved over the highways, including farm tractors, road highways, including farm tractors, road construction or maintenance machinery, mobile construction or maintenance machinery, mobile office trailers, mobile tool shed trailers, mobile office trailers, mobile tool shed trailers, mobile trailer units used for housing stationary trailer units used for housing stationary construction equipment, ditch-digging apparatus, construction equipment, ditch-digging apparatus, and well-boring and well-servicing apparatus. The and well-boring and well-servicing apparatus. The foregoing enumeration shall be considered partial foregoing enumeration shall be considered partial and shall not operate to exclude other vehicles and shall not operate to exclude other vehicles which are within the general terms of this which are within the general terms of this definition. Although not within the general terms definition. Although not within the general terms of this definition, the combination of a mobile car of this definition, the combination of a mobile car crusher trailer permanently attached to a truck crusher trailer permanently attached to a truck tractor or road tractor shall be considered special tractor or road tractor shall be considered special mobile equipment for purposes of this act.mobile equipment for purposes of this act.

Low Speed VehicleLow Speed Vehicle

257.25b 257.25b "Low-speed vehicle" means a "Low-speed vehicle" means a self-propelled motor vehicle to which self-propelled motor vehicle to which both of the following apply:both of the following apply:

(a) The vehicle conforms to the (a) The vehicle conforms to the definition of low-speed vehicle under definition of low-speed vehicle under 49 CFR 571.3(b).49 CFR 571.3(b).

(b) The vehicle meets the standard for (b) The vehicle meets the standard for low-speed vehicles under 49 CFR low-speed vehicles under 49 CFR 571.500.571.500.

Off-Road VehicleOff-Road Vehicle

From the Natural Resources and From the Natural Resources and Environmental Protection Act Environmental Protection Act

324.81101324.81101 (n) "ORV" or "vehicle" (n) "ORV" or "vehicle" means a motor driven off-road means a motor driven off-road recreation vehicle capable of cross-recreation vehicle capable of cross-country travel without benefit of a country travel without benefit of a road or trail, on or immediately over road or trail, on or immediately over land, snow, ice, marsh, swampland, land, snow, ice, marsh, swampland, or other natural terrain.or other natural terrain.

Off-Road Vehicle ContinuedOff-Road Vehicle Continued

ORV or vehicle includes, but is not ORV or vehicle includes, but is not limited to, a multitrack or multiwheel limited to, a multitrack or multiwheel drive vehicle, an ATV, a motorcycle or drive vehicle, an ATV, a motorcycle or related 2-wheel, 3-wheel, or 4-wheel related 2-wheel, 3-wheel, or 4-wheel vehicle, an amphibious machine, a vehicle, an amphibious machine, a ground effect air cushion vehicle, or ground effect air cushion vehicle, or other means of transportation deriving other means of transportation deriving motive power from a source other than motive power from a source other than muscle or wind.muscle or wind.

Off-Road Vehicle ContinuedOff-Road Vehicle Continued

ORV or vehicle does not include a ORV or vehicle does not include a registered snowmobile, a farm vehicle registered snowmobile, a farm vehicle being used for farming, a vehicle used for being used for farming, a vehicle used for military, fire, emergency, or law military, fire, emergency, or law enforcement purposes, a vehicle owned enforcement purposes, a vehicle owned and operated by a utility company or an and operated by a utility company or an oil or gas company when performing oil or gas company when performing maintenance on its facilities or on maintenance on its facilities or on property over which it has an easement, a property over which it has an easement, a construction or logging vehicle used in construction or logging vehicle used in performance of its common function, or a performance of its common function, or a registered aircraft. registered aircraft.

Highway or StreetHighway or Street

257.20 257.20 “Highway or street” means the “Highway or street” means the entire width between the boundary lines entire width between the boundary lines of every way publicly maintained when of every way publicly maintained when any part thereof is open to the use of the any part thereof is open to the use of the public for purposes of vehicular travel.public for purposes of vehicular travel.

257.64 257.64 “Street or highway” means the “Street or highway” means the entire width between boundary lines of entire width between boundary lines of every way publicly maintained when any every way publicly maintained when any part thereof is open to the use of the part thereof is open to the use of the public for purposes of vehicular travel.public for purposes of vehicular travel.

RoadwayRoadway

257.55 257.55 “Roadway” means that “Roadway” means that portion of a highway improved, portion of a highway improved, designed, or ordinarily used for designed, or ordinarily used for vehicular travel. In the event a vehicular travel. In the event a highway includes 2 or more separate highway includes 2 or more separate roadways, the term “roadway”, as roadways, the term “roadway”, as used herein, shall refer to any such used herein, shall refer to any such roadway separately, but not to all roadway separately, but not to all such roadways collectively.such roadways collectively.

SidewalkSidewalk

257.60 257.60 “Sidewalk” means that “Sidewalk” means that portion of a street between the curb portion of a street between the curb lines, or the lateral lines of roadway, lines, or the lateral lines of roadway, and the adjacent property lines and the adjacent property lines intended for the use of pedestrians.intended for the use of pedestrians.

Quiz: What is it?Quiz: What is it?

DisclaimerDisclaimer

In some cases, the intended use In some cases, the intended use dictates which definitions apply, in some dictates which definitions apply, in some cases it doesn’t really matter. In all cases it doesn’t really matter. In all cases, common sense should be applied cases, common sense should be applied when taking enforcement action or when taking enforcement action or seeking prosecution.seeking prosecution.Some local interpretation by courts or Some local interpretation by courts or prosecutors may apply in your prosecutors may apply in your jurisdiction.jurisdiction.

TrailerTrailer

Special Mobile EquipmentSpecial Mobile Equipment

Farm Tractor or Implement of Farm Tractor or Implement of HusbandryHusbandry

Electric Personal Assistive Electric Personal Assistive Mobility DeviceMobility Device

Motor Vehicle Not Otherwise Motor Vehicle Not Otherwise Defined in Michigan Vehicle CodeDefined in Michigan Vehicle Code

Low Speed VehicleLow Speed Vehicle

Truck or Special Mobile EquipmentTruck or Special Mobile Equipment

MopedMoped

TruckTruck

Part 2:Part 2:Registration and OperationRegistration and Operation

MCL 257.656MCL 257.656 (1) A person who violates any of sections 656 to (1) A person who violates any of sections 656 to

661a is responsible for a civil infraction.661a is responsible for a civil infraction. (2) The parent of a child or the guardian of a (2) The parent of a child or the guardian of a

ward shall not authorize or knowingly permit the ward shall not authorize or knowingly permit the child or ward to violate this chapter.child or ward to violate this chapter.

(3) The regulations applicable to bicycles under (3) The regulations applicable to bicycles under sections 656 to 662 shall apply when a bicycle is sections 656 to 662 shall apply when a bicycle is operated upon a highway or upon a path set operated upon a highway or upon a path set aside for the exclusive use of bicycles, subject aside for the exclusive use of bicycles, subject to those exceptions stated in sections 656 to to those exceptions stated in sections 656 to 662.662.

(4) The regulations applicable to motorcycles in (4) The regulations applicable to motorcycles in sections 656 to 662 shall be considered sections 656 to 662 shall be considered supplementary to other provisions of this supplementary to other provisions of this chapter governing the operation of motorcycles.chapter governing the operation of motorcycles.

MCL 257.657MCL 257.657

Each person riding a bicycle, electric Each person riding a bicycle, electric personal assistive mobility device, or personal assistive mobility device, or moped or operating a low-speed vehicle moped or operating a low-speed vehicle upon a roadway has all of the rights and upon a roadway has all of the rights and is subject to all of the duties applicable to is subject to all of the duties applicable to the driver of a vehicle by this chapter, the driver of a vehicle by this chapter, except as to special regulations in this except as to special regulations in this article and except as to the provisions of article and except as to the provisions of this chapter which by their nature do not this chapter which by their nature do not have application.have application.

MCL 257.658MCL 257.658 (1) A person propelling a bicycle or (1) A person propelling a bicycle or

operating a motorcycle or moped shall not operating a motorcycle or moped shall not ride other than upon and astride a ride other than upon and astride a permanent and regular seat attached to permanent and regular seat attached to that vehicle.that vehicle.

(2) A bicycle or motorcycle shall not be (2) A bicycle or motorcycle shall not be used to carry more persons at 1 time than used to carry more persons at 1 time than the number for which it is designed and the number for which it is designed and equipped.equipped.

(3) A moped or an electric personal (3) A moped or an electric personal assistive mobility device shall not be used assistive mobility device shall not be used to carry more than 1 person at a time.to carry more than 1 person at a time.

MCL 257.658 continuedMCL 257.658 continued (4) A person operating or riding on a motorcycle, and (4) A person operating or riding on a motorcycle, and

any person less than 19 years of age operating a any person less than 19 years of age operating a moped on a public thoroughfare shall wear a crash moped on a public thoroughfare shall wear a crash helmet on his or her head. Crash helmets shall be helmet on his or her head. Crash helmets shall be approved by the department of state police. The approved by the department of state police. The department of state police shall promulgate rules for department of state police shall promulgate rules for the implementation of this section pursuant to the the implementation of this section pursuant to the administrative procedures act of 1969, 1969 PA 306, administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Rules in effect on June 1, 1970, MCL 24.201 to 24.328. Rules in effect on June 1, 1970, shall apply to helmets required by this act. This shall apply to helmets required by this act. This subsection does not apply to a person operating or subsection does not apply to a person operating or riding in an autocycle if the vehicle is equipped with a riding in an autocycle if the vehicle is equipped with a roof which meets or exceeds standards for a crash roof which meets or exceeds standards for a crash helmet.helmet.

(5) A person operating or riding in an autocycle shall (5) A person operating or riding in an autocycle shall wear seat belts when on a public highway in this state.wear seat belts when on a public highway in this state.

MCL 257.658aMCL 257.658a

(1) In addition to the requirements of section (1) In addition to the requirements of section 658, a motorcycle shall be equipped with 658, a motorcycle shall be equipped with adequate seats and foot rests or pegs for each adequate seats and foot rests or pegs for each designated seating position. Foot rests or pegs designated seating position. Foot rests or pegs must be securely attached. A passenger shall must be securely attached. A passenger shall not ride on a motorcycle unless his or her feet not ride on a motorcycle unless his or her feet can rest on the assigned foot rests or pegs can rest on the assigned foot rests or pegs except that this requirement does not apply to except that this requirement does not apply to a person who is unable to reach the foot rests a person who is unable to reach the foot rests or pegs due to a permanent physical disability.or pegs due to a permanent physical disability.

(2) A person who violates this section is (2) A person who violates this section is responsible for a civil infraction.responsible for a civil infraction.

MCL 257.658bMCL 257.658b

(1) Except as provided in subsection (2), a (1) Except as provided in subsection (2), a person operating or riding in a low-speed person operating or riding in a low-speed vehicle shall wear a crash helmet on his or vehicle shall wear a crash helmet on his or her head. The crash helmet shall meet the her head. The crash helmet shall meet the requirements of the rules promulgated by requirements of the rules promulgated by the department of state police under section the department of state police under section 658.658.

(2) Subsection (1) does not apply to a person (2) Subsection (1) does not apply to a person operating or riding in a low-speed vehicle operating or riding in a low-speed vehicle equipped with a roof that meets or exceeds equipped with a roof that meets or exceeds the standards for roof-crush resistance, the standards for roof-crush resistance, provided under 49 C.F.R. 571.500.provided under 49 C.F.R. 571.500.

MCL 257.659MCL 257.659

A person riding upon a bicycle, A person riding upon a bicycle, moped or motorcycle, coaster, roller moped or motorcycle, coaster, roller skates, sled, or toy vehicle shall not skates, sled, or toy vehicle shall not attach the same or himself to a attach the same or himself to a streetcar or vehicle upon a roadway. streetcar or vehicle upon a roadway.

MCL 257.660MCL 257.660

(1) A person operating an electric personal (1) A person operating an electric personal assistive mobility device, low-speed vehicle, or assistive mobility device, low-speed vehicle, or moped upon a roadway shall ride as near to the moped upon a roadway shall ride as near to the right side of the roadway as practicable, right side of the roadway as practicable, exercising due care when passing a standing exercising due care when passing a standing vehicle or one proceeding in the same vehicle or one proceeding in the same direction. A motorcycle is entitled to full use of direction. A motorcycle is entitled to full use of a lane, and a motor vehicle shall not be driven a lane, and a motor vehicle shall not be driven in such a manner as to deprive a motorcycle of in such a manner as to deprive a motorcycle of the full use of a lane. This subsection does not the full use of a lane. This subsection does not apply to motorcycles operated 2 abreast in a apply to motorcycles operated 2 abreast in a single lane.single lane.

MCL 257.660 continuedMCL 257.660 continued

(2) A person riding an electric personal (2) A person riding an electric personal assistive mobility device, motorcycle, or assistive mobility device, motorcycle, or moped upon a roadway shall not ride moped upon a roadway shall not ride more than 2 abreast except on a path or more than 2 abreast except on a path or part of a roadway set aside for the part of a roadway set aside for the exclusive use of those vehicles.exclusive use of those vehicles.

(3) Where a usable and designated path (3) Where a usable and designated path for bicycles is provided adjacent to a for bicycles is provided adjacent to a highway or street, a person operating an highway or street, a person operating an electric personal assistive mobility device electric personal assistive mobility device may, by local ordinance, be required to may, by local ordinance, be required to use that path. use that path.


(4) A person operating a motorcycle, moped, (4) A person operating a motorcycle, moped, low-speed vehicle, or electric personal assistive low-speed vehicle, or electric personal assistive mobility device shall not pass between lines of mobility device shall not pass between lines of traffic, but may pass on the left of traffic traffic, but may pass on the left of traffic moving in his or her direction in the case of a 2-moving in his or her direction in the case of a 2-way street or on the left or right of traffic in the way street or on the left or right of traffic in the case of a 1-way street, in an unoccupied lane.case of a 1-way street, in an unoccupied lane.

(5) A person operating an electric personal (5) A person operating an electric personal assistive mobility device on a sidewalk assistive mobility device on a sidewalk constructed for the use of pedestrians shall constructed for the use of pedestrians shall yield the right-of-way to a pedestrian and shall yield the right-of-way to a pedestrian and shall give an audible signal before overtaking and give an audible signal before overtaking and passing the pedestrian.passing the pedestrian.


(6) A moped or low-speed vehicle shall not be (6) A moped or low-speed vehicle shall not be operated on a sidewalk constructed for the use operated on a sidewalk constructed for the use of pedestrians.of pedestrians.

(7) A low-speed vehicle shall be operated at a (7) A low-speed vehicle shall be operated at a speed of not to exceed 25 miles per hour and speed of not to exceed 25 miles per hour and shall not be operated on a highway or street with shall not be operated on a highway or street with a speed limit of more than 35 miles per hour a speed limit of more than 35 miles per hour except for the purpose of crossing that highway except for the purpose of crossing that highway or street. The state transportation department or street. The state transportation department may prohibit the operation of a low-speed may prohibit the operation of a low-speed vehicle on any highway or street under its vehicle on any highway or street under its jurisdiction if it determines that the prohibition is jurisdiction if it determines that the prohibition is necessary in the interest of public safety.necessary in the interest of public safety.


(8) This section does not apply to a police (8) This section does not apply to a police officer in the performance of his or her officer in the performance of his or her official duties.official duties.

(9) An electric personal assistive mobility (9) An electric personal assistive mobility device shall be operated at a speed not device shall be operated at a speed not to exceed 15 miles per hour and shall not to exceed 15 miles per hour and shall not be operated on a highway or street with a be operated on a highway or street with a speed limit of more than 25 miles per speed limit of more than 25 miles per hour except to cross that highway or hour except to cross that highway or street.street.

MCL 257.660 continuedMCL 257.660 continued (10) The governing body of a county, a city, a village, (10) The governing body of a county, a city, a village,

an entity created under the urban cooperation act of an entity created under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, or 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, or a township may, by ordinance, which is based on the a township may, by ordinance, which is based on the health, safety, and welfare of the citizens, regulate the health, safety, and welfare of the citizens, regulate the operation of electric personal assistive mobility devices operation of electric personal assistive mobility devices on sidewalks, highways or streets, or crosswalks. on sidewalks, highways or streets, or crosswalks. Except as otherwise provided in this subsection, a Except as otherwise provided in this subsection, a governing body of a county, city, village, entity created governing body of a county, city, village, entity created under the urban cooperation act of 1967, 1967 (Ex under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, or township may Sess) PA 7, MCL 124.501 to 124.512, or township may prohibit the operation of electric personal assistive prohibit the operation of electric personal assistive mobility devices in an area open to pedestrian traffic mobility devices in an area open to pedestrian traffic adjacent to a waterfront or on a trail under their adjacent to a waterfront or on a trail under their jurisdiction or in a downtown or central business jurisdiction or in a downtown or central business district. Signs indicating the regulation shall be district. Signs indicating the regulation shall be conspicuously posted in the area where the use of an conspicuously posted in the area where the use of an electric personal assistive mobility device is regulated.electric personal assistive mobility device is regulated.


(11) Operation of an electric personal (11) Operation of an electric personal assistive mobility device is prohibited in a assistive mobility device is prohibited in a special charter city and a state park under special charter city and a state park under the jurisdiction of the Mackinac Island state the jurisdiction of the Mackinac Island state park commission.park commission.

(12) Operation of an electric personal (12) Operation of an electric personal assistive mobility device may be prohibited assistive mobility device may be prohibited in a historic district.in a historic district.

(13) The department of natural resources (13) The department of natural resources may by order regulate the use of electric may by order regulate the use of electric personal assistive mobility devices on all personal assistive mobility devices on all lands under its control.lands under its control.

MCL 257.660aMCL 257.660a A person operating a bicycle upon a highway or street at less than A person operating a bicycle upon a highway or street at less than

the existing speed of traffic shall ride as close as practicable to the the existing speed of traffic shall ride as close as practicable to the right-hand curb or edge of the roadway except as follows:right-hand curb or edge of the roadway except as follows:

(a) When overtaking and passing another bicycle or any other (a) When overtaking and passing another bicycle or any other vehicle proceeding in the same direction.vehicle proceeding in the same direction.

(b) When preparing to turn left.(b) When preparing to turn left. (c) When conditions make the right-hand edge of the roadway (c) When conditions make the right-hand edge of the roadway

unsafe or reasonably unusable by bicycles, including, but not unsafe or reasonably unusable by bicycles, including, but not limited to, surface hazards, an uneven roadway surface, drain limited to, surface hazards, an uneven roadway surface, drain openings, debris, parked or moving vehicles or bicycles, openings, debris, parked or moving vehicles or bicycles, pedestrians, animals, or other obstacles, or if the lane is too pedestrians, animals, or other obstacles, or if the lane is too narrow to permit a vehicle to safely overtake and pass a bicycle.narrow to permit a vehicle to safely overtake and pass a bicycle.

(d) When operating a bicycle in a lane in which the traffic is turning (d) When operating a bicycle in a lane in which the traffic is turning right but the individual intends to go straight through the right but the individual intends to go straight through the intersection.intersection.

(e) When operating a bicycle upon a 1-way highway or street that (e) When operating a bicycle upon a 1-way highway or street that has 2 or more marked traffic lanes, in which case the individual has 2 or more marked traffic lanes, in which case the individual may ride as near the left-hand curb or edge of that roadway as may ride as near the left-hand curb or edge of that roadway as practicable.practicable.

MCL 257.660bMCL 257.660b

Two or more individuals operating Two or more individuals operating bicycles upon a highway or street bicycles upon a highway or street shall not ride more than 2 abreast shall not ride more than 2 abreast except upon a path or portion of the except upon a path or portion of the highway or street set aside for the highway or street set aside for the use of bicycles.use of bicycles.

MCL 257.660cMCL 257.660c

(1) An individual operating a bicycle upon a (1) An individual operating a bicycle upon a sidewalk or a pedestrian crosswalk shall yield the sidewalk or a pedestrian crosswalk shall yield the right-of-way to pedestrians and shall give an right-of-way to pedestrians and shall give an audible signal before overtaking and passing a audible signal before overtaking and passing a pedestrian.pedestrian.

(2) An individual shall not operate a bicycle upon a (2) An individual shall not operate a bicycle upon a sidewalk or a pedestrian crosswalk if that operation sidewalk or a pedestrian crosswalk if that operation is prohibited by an official traffic control device.is prohibited by an official traffic control device.

(3) An individual lawfully operating a bicycle upon a (3) An individual lawfully operating a bicycle upon a sidewalk or a pedestrian crosswalk has all of the sidewalk or a pedestrian crosswalk has all of the rights and responsibilities applicable to a rights and responsibilities applicable to a pedestrian using that sidewalk or crosswalk.pedestrian using that sidewalk or crosswalk.

MCL 257.660dMCL 257.660d

(1) An individual may park a bicycle on a sidewalk (1) An individual may park a bicycle on a sidewalk except as prohibited by an official traffic control device.except as prohibited by an official traffic control device.

(2) An individual shall not park a bicycle on a sidewalk (2) An individual shall not park a bicycle on a sidewalk in such a manner that the bicycle impedes the lawful in such a manner that the bicycle impedes the lawful movement of pedestrians or other traffic.movement of pedestrians or other traffic.

(3) An individual may park a bicycle on a highway or (3) An individual may park a bicycle on a highway or street at any location where parking is allowed for street at any location where parking is allowed for motor vehicles, may park at any angle to the curb or motor vehicles, may park at any angle to the curb or the edge of the highway, and may park abreast of the edge of the highway, and may park abreast of another bicycle.another bicycle.

(4) An individual shall not park a bicycle on a highway (4) An individual shall not park a bicycle on a highway or street in such a manner as to obstruct the movement or street in such a manner as to obstruct the movement of a legally parked motor vehicle.of a legally parked motor vehicle.

(5) Except as otherwise provided in this section, an (5) Except as otherwise provided in this section, an individual parking a bicycle on a highway or street shall individual parking a bicycle on a highway or street shall do so in compliance with this act and any local do so in compliance with this act and any local ordinance.ordinance.

MCL 257.661MCL 257.661

A person operating a bicycle, electric A person operating a bicycle, electric personal assistive mobility device, personal assistive mobility device, moped, or motorcycle shall not carry moped, or motorcycle shall not carry any package, bundle, or article that any package, bundle, or article that prevents the driver from keeping prevents the driver from keeping both hands upon the handlebars of both hands upon the handlebars of the vehicle.the vehicle.

MCL 257.661aMCL 257.661a

A person shall not operate on a A person shall not operate on a public highway of this state a public highway of this state a motorcycle or moped equipped with motorcycle or moped equipped with handlebars that are higher than 15 handlebars that are higher than 15 inches from the lowest point of the inches from the lowest point of the undepressed saddle to the highest undepressed saddle to the highest point of the handle grip of the point of the handle grip of the operator.operator.

MCL 257.662MCL 257.662

(1) A bicycle or an electric personal assistive (1) A bicycle or an electric personal assistive mobility device being operated on a roadway mobility device being operated on a roadway between 1/2 hour after sunset and 1/2 hour between 1/2 hour after sunset and 1/2 hour before sunrise shall be equipped with a lamp on before sunrise shall be equipped with a lamp on the front which shall emit a white light visible the front which shall emit a white light visible from a distance of at least 500 feet to the front from a distance of at least 500 feet to the front and with a red reflector on the rear which shall be and with a red reflector on the rear which shall be visible from all distances from 100 feet to 600 visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to of 500 feet to the rear may be used in addition to the red reflector.the red reflector.


(2) A bicycle shall be equipped with a (2) A bicycle shall be equipped with a brake which will enable the operator brake which will enable the operator to make the braked wheels skid on to make the braked wheels skid on dry, level, clean pavement.dry, level, clean pavement.

(3) An electric personal assistive (3) An electric personal assistive mobility device shall enable the mobility device shall enable the operator to bring it to a controlled operator to bring it to a controlled stop.stop.

MCL 257.662 continuedMCL 257.662 continued (4) A person shall not sell, offer for sale, or (4) A person shall not sell, offer for sale, or

deliver for sale in this state a bicycle or a pedal deliver for sale in this state a bicycle or a pedal for use on a bicycle, either of which was for use on a bicycle, either of which was manufactured after January 1, 1976, unless it is manufactured after January 1, 1976, unless it is equipped with a type of reflex reflector located equipped with a type of reflex reflector located on the front and rear surfaces of the pedal. The on the front and rear surfaces of the pedal. The reflector elements may be either integral with reflector elements may be either integral with the construction of the pedal or mechanically the construction of the pedal or mechanically attached, but shall be sufficiently recessed from attached, but shall be sufficiently recessed from the edge of the pedal, or of the reflector the edge of the pedal, or of the reflector housing, to prevent contact of the reflector housing, to prevent contact of the reflector element with a flat surface placed in contact element with a flat surface placed in contact with the edge of the pedal. The pedal reflectors with the edge of the pedal. The pedal reflectors shall be visible from the front and rear of the shall be visible from the front and rear of the bicycle during the nighttime from a distance of bicycle during the nighttime from a distance of 200 feet when directly exposed to the lower 200 feet when directly exposed to the lower beam head lamps of a motor vehicle.beam head lamps of a motor vehicle.

MCL 257.662 continuedMCL 257.662 continued (5) A person shall not sell, offer for sale, or deliver for (5) A person shall not sell, offer for sale, or deliver for

sale in this state a bicycle manufactured after January 1, sale in this state a bicycle manufactured after January 1, 1976 or an electric personal assistive mobility device 1976 or an electric personal assistive mobility device unless it is equipped with either tires which have unless it is equipped with either tires which have reflective sidewalls or with wide-angle prismatic spoke reflective sidewalls or with wide-angle prismatic spoke reflectors. If the bicycle or the electric personal assistive reflectors. If the bicycle or the electric personal assistive mobility device is manufactured with reflective sidewalls, mobility device is manufactured with reflective sidewalls, the reflective portion of the sidewall shall form a the reflective portion of the sidewall shall form a continuous circle on the sidewall, and may not be continuous circle on the sidewall, and may not be removed from the tire without removal of tire material. If removed from the tire without removal of tire material. If the bicycle is equipped with wide-angle prismatic spoke the bicycle is equipped with wide-angle prismatic spoke reflectors, the reflectors of the front wheel shall be reflectors, the reflectors of the front wheel shall be essentially colorless or amber, and the reflectors on the essentially colorless or amber, and the reflectors on the rear wheel shall be essentially colorless or red. Reflective rear wheel shall be essentially colorless or red. Reflective sidewalls or spoke reflectors shall cause the bicycle to be sidewalls or spoke reflectors shall cause the bicycle to be visible from all distances from 100 feet to 600 feet when visible from all distances from 100 feet to 600 feet when viewed under lawful low beam motor vehicle head lamps viewed under lawful low beam motor vehicle head lamps under normal atmospheric conditions.under normal atmospheric conditions.


(6) A person who violates subsection (6) A person who violates subsection (1) or (2) is responsible for a civil (1) or (2) is responsible for a civil infraction.infraction.

MCL 257.217bMCL 257.217b

A moped and a low-speed vehicle A moped and a low-speed vehicle shall have permanently affixed to shall have permanently affixed to their frame a manufacturer's their frame a manufacturer's identification number.identification number.

MCL 750.419MCL 750.419

750.419 750.419 A person who operates or A person who operates or rides a motorcycle, moped, or other rides a motorcycle, moped, or other motor vehicle, excepting motorized motor vehicle, excepting motorized wheelchairs upon a bicycle path or a wheelchairs upon a bicycle path or a sidewalk regularly laid out and sidewalk regularly laid out and constructed for the use of pedestrians, constructed for the use of pedestrians, not including a crosswalk or driveway, not including a crosswalk or driveway, is guilty of a misdemeanor.is guilty of a misdemeanor.

Attorney General OpinionsAttorney General Opinions

5145 Size and weight restrictions for 5145 Size and weight restrictions for implements of husbandryimplements of husbandry

5563 Registration of lawn mowers 5563 Registration of lawn mowers and self-propelled snow blowersand self-propelled snow blowers

AG Opinion 5145AG Opinion 5145

Therefore, the Sec. 716(b) exemption Therefore, the Sec. 716(b) exemption for implements of husbandry is for implements of husbandry is contingent upon the use to which the contingent upon the use to which the vehicle is being put. If its movement on vehicle is being put. If its movement on the county road is subsidiary to an the county road is subsidiary to an agricultural operation, it need not agricultural operation, it need not comply with the width limitations of the comply with the width limitations of the Michigan Vehicle Code, Sec. 717(b); Michigan Vehicle Code, Sec. 717(b); MCLA 257.717(b); MSA 9.2417(b).MCLA 257.717(b); MSA 9.2417(b).

AG Opinion 5563AG Opinion 5563 Self-propelled lawn mowers and self-propelled Self-propelled lawn mowers and self-propelled

snow blowers which can be driven are not snow blowers which can be driven are not designed for the transportation of persons or designed for the transportation of persons or property. Whether they are being used to property. Whether they are being used to transport persons or property is a question of fact transport persons or property is a question of fact which, if established, would require registration.which, if established, would require registration.

It is my opinion, therefore, that neither a self-It is my opinion, therefore, that neither a self-propelled lawn mower nor a self-propelled snow propelled lawn mower nor a self-propelled snow blower which can be driven need be registered as blower which can be driven need be registered as a vehicle when its movement on a highway is a vehicle when its movement on a highway is incidental to its use as a lawn mower or snow incidental to its use as a lawn mower or snow blower and therefore for purposes other than blower and therefore for purposes other than transportation of persons or property. The fact transportation of persons or property. The fact that such equipment may be driven for several that such equipment may be driven for several blocks so that it may be used at its destination blocks so that it may be used at its destination does not constitute use for the transportation of does not constitute use for the transportation of persons or property.persons or property.

MCL 324.81122MCL 324.81122

324.81122 324.81122 (1) A person shall not (1) A person shall not operate an ORV that is not registered operate an ORV that is not registered under the code upon a public under the code upon a public highway, street, or right-of-way of a highway, street, or right-of-way of a public highway or street, except as public highway or street, except as provided in section 81131 or under provided in section 81131 or under the following conditions and the following conditions and circumstances:circumstances:

MCL 324.81122(1) ContinuedMCL 324.81122(1) Continued

(a) The operator of a vehicle may cross a (a) The operator of a vehicle may cross a public highway, other than a limited public highway, other than a limited access highway, at right angles, for the access highway, at right angles, for the purpose of getting from 1 area to purpose of getting from 1 area to another, if the operation can be done in another, if the operation can be done in safety. The operator shall bring the safety. The operator shall bring the vehicle to a complete stop before vehicle to a complete stop before proceeding across a public highway, and proceeding across a public highway, and shall yield the right-of-way to oncoming shall yield the right-of-way to oncoming traffic.traffic.


(b) A vehicle may be operated on a (b) A vehicle may be operated on a street or highway for a special event of street or highway for a special event of limited duration and conducted limited duration and conducted according to a prearranged schedule according to a prearranged schedule only under permit from the only under permit from the governmental unit having jurisdiction. A governmental unit having jurisdiction. A special event involving ORVs may be special event involving ORVs may be conducted on the frozen surface of conducted on the frozen surface of public waters only under permit from public waters only under permit from the department.the department.

MCL 324.81122(1) ContinuedMCL 324.81122(1) Continued (c) A farmer, employee of a farmer, or family (c) A farmer, employee of a farmer, or family

member of a farmer who is at least 16 years member of a farmer who is at least 16 years of age may operate an ORV on the extreme of age may operate an ORV on the extreme right side of a roadway or highway right-of-right side of a roadway or highway right-of-way when it is not practicable to operate off way when it is not practicable to operate off that roadway or highway right-of-way. Such that roadway or highway right-of-way. Such operation shall be limited to traveling to or operation shall be limited to traveling to or from the farmer's residence or work location from the farmer's residence or work location or field during the course of farming or field during the course of farming operations. An ORV shall not be operated operations. An ORV shall not be operated pursuant to this subdivision during the period pursuant to this subdivision during the period of 30 minutes before sunset to 30 minutes of 30 minutes before sunset to 30 minutes after sunrise, when visibility is substantially after sunrise, when visibility is substantially reduced due to weather conditions, or in a reduced due to weather conditions, or in a manner so as to interfere with traffic. manner so as to interfere with traffic.

MCL 324.81122(1)(c) ContinuedMCL 324.81122(1)(c) Continued

The state transportation department and all The state transportation department and all of its employees are immune from tort of its employees are immune from tort liability for injury or damages sustained by liability for injury or damages sustained by any person arising in any way by reason of any person arising in any way by reason of the operation or use of an ORV for the limited the operation or use of an ORV for the limited purposes allowed under this subdivision. An purposes allowed under this subdivision. An operator of an ORV under this subdivision operator of an ORV under this subdivision shall have attached to the ORV a flag made shall have attached to the ORV a flag made of reflective material. The flag shall extend of reflective material. The flag shall extend not less than 8 feet from the surface of the not less than 8 feet from the surface of the roadway and not less than 4 feet above the roadway and not less than 4 feet above the top of the ORV. The flag shall be not less top of the ORV. The flag shall be not less than 12 inches high by 18 inches long and than 12 inches high by 18 inches long and not measure less than 100 square inches. not measure less than 100 square inches.

MCL 324.81122 ContinuedMCL 324.81122 Continued

(2) In a court action in this state (2) In a court action in this state where competent evidence where competent evidence demonstrates that a vehicle that is demonstrates that a vehicle that is permitted to operate on a highway permitted to operate on a highway pursuant to the code is in a collision pursuant to the code is in a collision with an ORV on a roadway, the with an ORV on a roadway, the operator of the ORV involved in the operator of the ORV involved in the collision shall be considered prima collision shall be considered prima facie negligent.facie negligent.

2008 PA 2402008 PA 240 Amends MCL 324.81131, July 17, 2008Amends MCL 324.81131, July 17, 2008 Sponsored by Rep. Joel SheltrownSponsored by Rep. Joel Sheltrown Covers Mason, Lake, Osceola, Clare, Covers Mason, Lake, Osceola, Clare,

Gladwin, Arenac, and Bay Counties and Gladwin, Arenac, and Bay Counties and all counties north of theseall counties north of these

Allows ORVs, including standard golf Allows ORVs, including standard golf carts, to be operated in the “maintained” carts, to be operated in the “maintained” portion of certain county roads with an portion of certain county roads with an ordinanceordinance

Municipalities within these counties may Municipalities within these counties may also pass similar ordinancesalso pass similar ordinances


License required to operate if vehicle is License required to operate if vehicle is registered for road use per MVC registered for road use per MVC (includes golf carts upgraded to LSV)(includes golf carts upgraded to LSV)

No license required for non-registered No license required for non-registered ORV for age 18 and overORV for age 18 and over

License or adult supervision required for License or adult supervision required for ages 12-18ages 12-18

Under age 12 prohibited from operating Under age 12 prohibited from operating on roadon road

MCL 324.81131 MCL 324.81131

MCL 324.81131 (1) A municipality may pass MCL 324.81131 (1) A municipality may pass an ordinance allowing a permanently disabled an ordinance allowing a permanently disabled person to operate an ORV in that municipality.person to operate an ORV in that municipality.

(2) Subject to subsections (4) and (7), the (2) Subject to subsections (4) and (7), the county board of commissioners of an eligible county board of commissioners of an eligible county may adopt an ordinance authorizing county may adopt an ordinance authorizing the operation of ORVs on the maintained the operation of ORVs on the maintained portion of 1 or more roads located within the portion of 1 or more roads located within the county. Not less than 45 days before a public county. Not less than 45 days before a public hearing on the ordinance, the county clerk hearing on the ordinance, the county clerk shall send notice of the public hearing, by shall send notice of the public hearing, by certified mail, to the county road commission certified mail, to the county road commission and, if state forestland is located within the and, if state forestland is located within the county, to the department.county, to the department.


(3) Subject to subsections (4) and (7), (3) Subject to subsections (4) and (7), beginning 1 year after the effective date of beginning 1 year after the effective date of the amendatory act that added this the amendatory act that added this subsection, the township board of a subsection, the township board of a township located in an eligible county may township located in an eligible county may adopt an ordinance authorizing the operation adopt an ordinance authorizing the operation of ORVs on the maintained portion of 1 or of ORVs on the maintained portion of 1 or more roads located within the township. Not more roads located within the township. Not less than 28 days before a public hearing on less than 28 days before a public hearing on the ordinance, the township clerk shall send the ordinance, the township clerk shall send notice of the public hearing, by certified notice of the public hearing, by certified mail, to the county road commission and, if mail, to the county road commission and, if state forestland is located within the state forestland is located within the township, to the department.township, to the department.


(4) The board of county road commissioners (4) The board of county road commissioners may close a road to the operation of ORVs may close a road to the operation of ORVs under subsection (2) or (3) to protect the under subsection (2) or (3) to protect the environment or if the operation of ORVs environment or if the operation of ORVs under subsection (2) or (3) poses a under subsection (2) or (3) poses a particular and demonstrable threat to public particular and demonstrable threat to public safety. A county road commission shall not safety. A county road commission shall not under this subsection close more than 30% under this subsection close more than 30% of the linear miles of roads located within of the linear miles of roads located within the county to the operation of ORVs under the county to the operation of ORVs under subsection (2) or (3). The township board of subsection (2) or (3). The township board of a township located in an eligible county may a township located in an eligible county may adopt an ordinance to close a road to the adopt an ordinance to close a road to the operation of ORVs under subsection (2). operation of ORVs under subsection (2).


(5) Subject to subsection (7), the (5) Subject to subsection (7), the legislative body of a municipality legislative body of a municipality located in an eligible county may located in an eligible county may adopt an ordinance authorizing the adopt an ordinance authorizing the operation of ORVs on the maintained operation of ORVs on the maintained portion of 1 or more streets within portion of 1 or more streets within the municipality. the municipality.


(6) Subject to subsections (4) and (7), if a (6) Subject to subsections (4) and (7), if a local unit of government adopts an local unit of government adopts an ordinance pursuant to subsection (2), (3), ordinance pursuant to subsection (2), (3), or (5), a person may operate an ORV with or (5), a person may operate an ORV with the flow of traffic on the far right of the the flow of traffic on the far right of the maintained portion of the road or street maintained portion of the road or street covered by the ordinance. A person shall covered by the ordinance. A person shall not operate an ORV pursuant to subsection not operate an ORV pursuant to subsection (2), (3), or (5) at a speed greater than 25 (2), (3), or (5) at a speed greater than 25 miles per hour or a lower posted ORV miles per hour or a lower posted ORV speed limit or in a manner that interferes speed limit or in a manner that interferes with traffic on the road or street. with traffic on the road or street.


Unless the person possesses a license as Unless the person possesses a license as defined in section 25 of the Michigan vehicle defined in section 25 of the Michigan vehicle code, 1949 PA 300, MCL 257.25, a person code, 1949 PA 300, MCL 257.25, a person shall not operate an ORV pursuant to shall not operate an ORV pursuant to subsection (2), (3), or (5) if the ORV is subsection (2), (3), or (5) if the ORV is registered as a motor vehicle under chapter registered as a motor vehicle under chapter II of the Michigan vehicle code, 1949 PA 300, II of the Michigan vehicle code, 1949 PA 300, MCL 257.201 to 257.259, and either is more MCL 257.201 to 257.259, and either is more than 60 inches wide or has 3 wheels. ORVs than 60 inches wide or has 3 wheels. ORVs operated pursuant to subsection (2), (3), or operated pursuant to subsection (2), (3), or (5) shall travel single file, except that an (5) shall travel single file, except that an ORV may travel abreast of another ORV ORV may travel abreast of another ORV when it is overtaking and passing, or being when it is overtaking and passing, or being overtaken and passed by, another ORV. overtaken and passed by, another ORV.


(7) Subsections (2) to (6) and an (7) Subsections (2) to (6) and an ordinance adopted under subsection ordinance adopted under subsection (2), (3), or (5) do not apply beginning (2), (3), or (5) do not apply beginning 5 years after the effective date of the 5 years after the effective date of the amendatory act that added this amendatory act that added this subsection.subsection.


(8) In addition to any applicable (8) In addition to any applicable requirement of section 81133(c), a requirement of section 81133(c), a person shall not operate an ORV person shall not operate an ORV pursuant to this section when visibility pursuant to this section when visibility is substantially reduced due to weather is substantially reduced due to weather conditions without displaying a lighted conditions without displaying a lighted headlight and lighted taillight. headlight and lighted taillight. Beginning January 1, 2010, a person Beginning January 1, 2010, a person shall not operate an ORV pursuant to shall not operate an ORV pursuant to this section without displaying a this section without displaying a lighted headlight and lighted taillight.lighted headlight and lighted taillight.

MCL 324.81131 ContinuedMCL 324.81131 Continued (9) A person under 18 years of age shall (9) A person under 18 years of age shall

not operate an ORV pursuant to this not operate an ORV pursuant to this section unless the person is in possession section unless the person is in possession of a valid driver license or under the direct of a valid driver license or under the direct supervision of a parent or guardian and supervision of a parent or guardian and the person has in his or her immediate the person has in his or her immediate possession an ORV safety certificate possession an ORV safety certificate issued pursuant to this part or a issued pursuant to this part or a comparable ORV safety certificate issued comparable ORV safety certificate issued under the authority of another state or a under the authority of another state or a province of Canada. A person under 12 province of Canada. A person under 12 years of age shall not operate an ORV years of age shall not operate an ORV pursuant to this section. The requirements pursuant to this section. The requirements of this subsection are in addition to any of this subsection are in addition to any applicable requirements of section 81129. applicable requirements of section 81129.

MCL 324.81131 ContinuedMCL 324.81131 Continued (10) A township that has authorized the (10) A township that has authorized the

operation of ORVs on a road under subsection operation of ORVs on a road under subsection (3) does not have a duty to maintain the road (3) does not have a duty to maintain the road in a condition reasonably safe and convenient in a condition reasonably safe and convenient for the operation of ORVs. A board of county for the operation of ORVs. A board of county road commissioners, a county board of road commissioners, a county board of commissioners, or a municipality does not commissioners, or a municipality does not have a duty to maintain a road or street have a duty to maintain a road or street under its jurisdiction in a condition reasonably under its jurisdiction in a condition reasonably safe and convenient for the operation of safe and convenient for the operation of ORVs, except the following ORVs:ORVs, except the following ORVs: (a) ORVs registered as motor vehicles as provided (a) ORVs registered as motor vehicles as provided

in the code.in the code. (b) ORVs permitted by an ordinance as provided in (b) ORVs permitted by an ordinance as provided in

subsection(1).subsection(1).


(13) A violation of an ordinance (13) A violation of an ordinance described in this section is a municipal described in this section is a municipal civil infraction. The ordinance may civil infraction. The ordinance may provide for a maximum fine of not more provide for a maximum fine of not more than $500.00 for a violation of the than $500.00 for a violation of the ordinance. In addition, the court shall ordinance. In addition, the court shall order the defendant to pay the cost of order the defendant to pay the cost of repairing any damage to the repairing any damage to the environment, a road or street, or public environment, a road or street, or public property damaged as a result of the property damaged as a result of the violation.violation.

MCL 324.81131 ContinuedMCL 324.81131 Continued (15) As used in this section:(15) As used in this section: (a) "Eligible county" means Mason, Lake, (a) "Eligible county" means Mason, Lake,

Osceola, Clare, Gladwin, Arenac, or Bay Osceola, Clare, Gladwin, Arenac, or Bay county or a county lying north thereof, county or a county lying north thereof, including all of the counties of the Upper including all of the counties of the Upper Peninsula.Peninsula.

(b) "Local unit of government" means a (b) "Local unit of government" means a county, township, or municipality.county, township, or municipality.

(c) "Municipality" means a city or village.(c) "Municipality" means a city or village. (d) "Road" means a county primary road or (d) "Road" means a county primary road or

county local road as described in section 5 county local road as described in section 5 of 1951 PA 51, MCL 247.655.of 1951 PA 51, MCL 247.655.

(e) "Street" means a city or village major (e) "Street" means a city or village major street or city or village local street as street or city or village local street as described in section 9 of 1951 PA 51, MCL described in section 9 of 1951 PA 51, MCL 247.659.247.659.

Part 3:Part 3:Special CircumstancesSpecial Circumstances

Issues with Low Speed and Issues with Low Speed and Off-Road VehiclesOff-Road Vehicles

What is a Low Speed What is a Low Speed Vehicle?Vehicle?

Previous Michigan DefinitionPrevious Michigan Definition From 7/1/00 to 7/26/06 adopted the federal From 7/1/00 to 7/26/06 adopted the federal

standard by listing rather than referencing:standard by listing rather than referencing: Electrically poweredElectrically powered Designed not to exceed 35 mphDesigned not to exceed 35 mph Capacity of not more than 4 people of 2200 Capacity of not more than 4 people of 2200

pounds or less in weightpounds or less in weight As described in 49 CFR 571.500As described in 49 CFR 571.500 Equipped with minimum of headlamps, turn Equipped with minimum of headlamps, turn

signals, tail and stop lamps, reflectors, mirrors, signals, tail and stop lamps, reflectors, mirrors, parking brake, VINparking brake, VIN

Windshield and seat belt assemblies that Windshield and seat belt assemblies that conform to requirements of MVCconform to requirements of MVC

Current Michigan DefinitionCurrent Michigan DefinitionMCL 257.25b “Low-speed vehicle” MCL 257.25b “Low-speed vehicle”

defined.defined. "Low-speed vehicle" means a self-"Low-speed vehicle" means a self-

propelled motor vehicle to which propelled motor vehicle to which both of the following apply:both of the following apply:

(a) The vehicle conforms to the (a) The vehicle conforms to the definition of low-speed vehicle under definition of low-speed vehicle under 49 CFR 571.3(b).49 CFR 571.3(b).

(b) The vehicle meets the standard (b) The vehicle meets the standard for low-speed vehicles under 49 CFR for low-speed vehicles under 49 CFR 571.500.571.500.

Federal DefinitionFederal Definition

49 CFR 571.3(b)49 CFR 571.3(b) Low-speed vehicle (LSV) means a motor Low-speed vehicle (LSV) means a motor

vehicle, (1) that is 4-wheeled, (2) whose vehicle, (1) that is 4-wheeled, (2) whose speed attainable in 1.6 km (1 mile) is speed attainable in 1.6 km (1 mile) is more than 32 kilometers per hour (20 more than 32 kilometers per hour (20 miles per hour) and not more than 40 miles per hour) and not more than 40 kilometers per hour (25 miles per hour) kilometers per hour (25 miles per hour) on a paved level surface, and (3) whose on a paved level surface, and (3) whose GVWR is less than 1,134 kilograms GVWR is less than 1,134 kilograms (2,500 pounds).(2,500 pounds).

Federal StandardFederal Standard

49 CFR 571.500 S549 CFR 571.500 S5 (a) When tested in accordance with test (a) When tested in accordance with test

conditions in S6 and test procedures in conditions in S6 and test procedures in S7, the maximum speed attainable in S7, the maximum speed attainable in 1.6 km (1 mile) by each low-speed 1.6 km (1 mile) by each low-speed vehicle shall not more than 40 vehicle shall not more than 40 kilometers per hour (25 miles per hour).kilometers per hour (25 miles per hour).

Federal StandardFederal Standard49 CFR 571.500 S549 CFR 571.500 S5 (b) Each low-speed vehicle shall be (b) Each low-speed vehicle shall be

equipped with:equipped with: (b)(1) headlamps,(b)(1) headlamps, (b)(2) front and rear turn signal lamps,(b)(2) front and rear turn signal lamps, (b)(3) taillamps,(b)(3) taillamps, (b)(4) stop lamps,(b)(4) stop lamps, (b)(5) reflex reflectors: one red on each (b)(5) reflex reflectors: one red on each

side as far to the rear as practicable, side as far to the rear as practicable, and one red on the rear,and one red on the rear,

Federal StandardFederal Standard49 CFR 571.500 S549 CFR 571.500 S5 (b)(6) an exterior mirror mounted on the (b)(6) an exterior mirror mounted on the

driver's side of the vehicle and either an driver's side of the vehicle and either an exterior mirror mounted on the exterior mirror mounted on the passenger's side of the vehicle or an passenger's side of the vehicle or an interior mirror,interior mirror,

(b)(7) a parking brake,(b)(7) a parking brake, (b)(8) A windshield that conforms to the (b)(8) A windshield that conforms to the

Federal motor vehicle safety standard on Federal motor vehicle safety standard on glazing materials (49 CFR 571.205),glazing materials (49 CFR 571.205),

Federal StandardFederal Standard49 CFR 571.500 S549 CFR 571.500 S5 (b)(9) a VIN that conforms to the (b)(9) a VIN that conforms to the

requirements of part 565 Vehicle requirements of part 565 Vehicle Identification Number of this chapter, Identification Number of this chapter, andand

(b)(10) a Type 1 or Type 2 seat belt (b)(10) a Type 1 or Type 2 seat belt assembly conforming to § 571.209 of this assembly conforming to § 571.209 of this part, Federal Motor Vehicle Safety part, Federal Motor Vehicle Safety Standard No. 209, Seat belt assemblies, Standard No. 209, Seat belt assemblies, installed at each designated seating installed at each designated seating position.position.

Windshield StandardWindshield Standard

49 CFR 571.20549 CFR 571.205 S5.4 S5.4 Low speed vehiclesLow speed vehicles. .

Windshields of low speed vehicles Windshields of low speed vehicles must meet the ANSI/SAE Z26.1-1996 must meet the ANSI/SAE Z26.1-1996 specifications for either AS-1 or AS-4 specifications for either AS-1 or AS-4 glazing.glazing.

Seat Belt StandardSeat Belt Standard49 CFR 571.20949 CFR 571.209 S3. S3. Definitions. Definitions. Adjustment hardwareAdjustment hardware means means

any or all hardware designed for adjusting the any or all hardware designed for adjusting the size of a seat belt assembly to fit the user, size of a seat belt assembly to fit the user, including such hardware that may be integral including such hardware that may be integral with a buckle, attachment hardware, or with a buckle, attachment hardware, or retractor.retractor.

Type 1 seat belt assemblyType 1 seat belt assembly is a lap belt for is a lap belt for pelvic restraint.pelvic restraint.

Type 2 seat belt assemblyType 2 seat belt assembly is a combination of is a combination of pelvic and upper torso restraints.pelvic and upper torso restraints.

VIN RequirementVIN Requirement

MCL 257.217bMCL 257.217b A…low-speed vehicle shall have A…low-speed vehicle shall have

permanently affixed to their frame a permanently affixed to their frame a manufacturer's identification manufacturer's identification number.number.

Sample RegistrationSample Registration

Where Can Low Speed Where Can Low Speed Vehicles be Operated?Vehicles be Operated?

What Are the What Are the Restrictions?Restrictions?

Parts of a HighwayParts of a Highway

Parts of a HighwayParts of a Highway 257.20 257.20 “Highway or street” means the entire “Highway or street” means the entire

width between the boundary lines of every way width between the boundary lines of every way publicly maintained when any part thereof is publicly maintained when any part thereof is open to the use of the public for purposes of open to the use of the public for purposes of vehicular travel.vehicular travel.

257.55 257.55 “Roadway” means that portion of a “Roadway” means that portion of a highway improved, designed, or ordinarily used highway improved, designed, or ordinarily used for vehicular travel. In the event a highway for vehicular travel. In the event a highway includes 2 or more separate roadways, the term includes 2 or more separate roadways, the term “roadway”, as used herein, shall refer to any “roadway”, as used herein, shall refer to any such roadway separately, but not to all such such roadway separately, but not to all such roadways collectively.roadways collectively.

Parts of a HighwayParts of a Highway 257.59a 257.59a “Shoulder” means that portion “Shoulder” means that portion

of the highway contiguous to the roadway of the highway contiguous to the roadway generally extending the contour of the generally extending the contour of the roadway, not designed for vehicular roadway, not designed for vehicular travel but maintained for the temporary travel but maintained for the temporary accommodation of disabled or stopped accommodation of disabled or stopped vehicles otherwise permitted on the vehicles otherwise permitted on the roadway.roadway.

257.60 257.60 “Sidewalk” means that portion of “Sidewalk” means that portion of a street between the curb lines, or the a street between the curb lines, or the lateral lines of roadway, and the adjacent lateral lines of roadway, and the adjacent property lines intended for the use of property lines intended for the use of pedestrians.pedestrians.

Road Authority Immunity from LiabilityRoad Authority Immunity from Liability

MCL 257.606aMCL 257.606a (1) The state transportation department, (1) The state transportation department,

a board of county road commissioners, a a board of county road commissioners, a county board of commissioners, and a county board of commissioners, and a county, city, or village have no duty to county, city, or village have no duty to maintain any highway under their maintain any highway under their jurisdiction in a condition reasonably safe jurisdiction in a condition reasonably safe and convenient for the operation of low-and convenient for the operation of low-speed vehicles.speed vehicles.

Road Authority Immunity from LiabilityRoad Authority Immunity from Liability (2) The state transportation department [et al.](2) The state transportation department [et al.]

…are immune from tort liability for injuries or …are immune from tort liability for injuries or damages sustained by any person arising in damages sustained by any person arising in any way out of the operation or use of a low-any way out of the operation or use of a low-speed vehicle on maintained or unmaintained speed vehicle on maintained or unmaintained highways, shoulders, and rights-of-way over highways, shoulders, and rights-of-way over which the state transportation department [et which the state transportation department [et al.]…has jurisdiction. The immunity provided al.]…has jurisdiction. The immunity provided by this subsection does not apply to actions by this subsection does not apply to actions which constitute gross negligence. Gross which constitute gross negligence. Gross negligence is defined as conduct so reckless as negligence is defined as conduct so reckless as to demonstrate a substantial lack of concern to demonstrate a substantial lack of concern for whether an injury results.for whether an injury results.

Rights and Duties of OperatorRights and Duties of Operator

MCL 257.657MCL 257.657 Each person…operating a low-speed Each person…operating a low-speed

vehicle upon a roadway has all of the vehicle upon a roadway has all of the rights and is subject to all of the duties rights and is subject to all of the duties applicable to the driver of a vehicle by applicable to the driver of a vehicle by this chapter, except as to special this chapter, except as to special regulations in this article and except as to regulations in this article and except as to the provisions of this chapter which by the provisions of this chapter which by their nature do not have application.their nature do not have application.

Helmet or Crush-Resistant RoofHelmet or Crush-Resistant Roof

MCL 257.658bMCL 257.658b (1) Except as provided in subsection (2), a (1) Except as provided in subsection (2), a

person operating or riding in a low-speed person operating or riding in a low-speed vehicle shall wear a crash helmet on his or her vehicle shall wear a crash helmet on his or her head. The crash helmet shall meet the head. The crash helmet shall meet the requirements of the rules promulgated by the requirements of the rules promulgated by the department of state police under section 658.department of state police under section 658.

(2) Subsection (1) does not apply to a person (2) Subsection (1) does not apply to a person operating or riding in a low-speed vehicle operating or riding in a low-speed vehicle equipped with a roof that meets or exceeds the equipped with a roof that meets or exceeds the standards for roof-crush resistance, provided standards for roof-crush resistance, provided under 49 C.F.R. 571.500.under 49 C.F.R. 571.500.

Limitations on Use in MichiganLimitations on Use in Michigan

MCL 257.660MCL 257.660 (1) A person operating…low-speed (1) A person operating…low-speed

vehicle…upon a roadway shall ride as vehicle…upon a roadway shall ride as near to the right side of the roadway as near to the right side of the roadway as practicable, exercising due care when practicable, exercising due care when passing a standing vehicle or one passing a standing vehicle or one proceeding in the same direction. proceeding in the same direction.

Limitations on Use in MichiganLimitations on Use in Michigan

(4) A person operating a…low-speed (4) A person operating a…low-speed vehicle…shall not pass between lines of vehicle…shall not pass between lines of traffic, but may pass on the left of traffic traffic, but may pass on the left of traffic moving in his or her direction in the case moving in his or her direction in the case of a 2-way street or on the left or right of of a 2-way street or on the left or right of traffic in the case of a 1-way street, in traffic in the case of a 1-way street, in an unoccupied lane.an unoccupied lane.

(6) A…low-speed vehicle shall not be (6) A…low-speed vehicle shall not be operated on a sidewalk constructed for operated on a sidewalk constructed for the use of pedestrians.the use of pedestrians.

Limitations on Use in MichiganLimitations on Use in Michigan (7) A low-speed vehicle shall be operated (7) A low-speed vehicle shall be operated

at a speed of not to exceed 25 miles per at a speed of not to exceed 25 miles per hour and shall not be operated on a hour and shall not be operated on a highway or street with a speed limit of highway or street with a speed limit of more than 35 miles per hour except for more than 35 miles per hour except for the purpose of crossing that highway or the purpose of crossing that highway or street. The state transportation street. The state transportation department may prohibit the operation of department may prohibit the operation of a low-speed vehicle on any highway or a low-speed vehicle on any highway or street under its jurisdiction if it street under its jurisdiction if it determines that the prohibition is determines that the prohibition is necessary in the interest of public safety.necessary in the interest of public safety.

Requirement for BrakesRequirement for Brakes

MCL 257.705MCL 257.705 (a) A…low-speed vehicle when operated upon a (a) A…low-speed vehicle when operated upon a

highway shall be equipped with brakes highway shall be equipped with brakes adequate to control the movement of and to adequate to control the movement of and to stop and hold the vehicle, including 2 separate stop and hold the vehicle, including 2 separate means of applying the brakes, each of which means of applying the brakes, each of which means shall be effective to apply the brakes to means shall be effective to apply the brakes to at least 2 wheels. If these 2 separate means of at least 2 wheels. If these 2 separate means of applying the brakes are connected in any way, applying the brakes are connected in any way, they shall be constructed in a way that failure they shall be constructed in a way that failure of 1 part of the operating mechanism shall not of 1 part of the operating mechanism shall not leave the motor vehicle without brakes on at leave the motor vehicle without brakes on at least 2 wheels.least 2 wheels.

Golf Carts are Off-Road VehiclesGolf Carts are Off-Road Vehicles

MCL 324.81101MCL 324.81101 (n) "ORV" or "vehicle" means a motor (n) "ORV" or "vehicle" means a motor

driven off-road recreation vehicle driven off-road recreation vehicle capable of cross-country travel capable of cross-country travel without benefit of a road or trail, on without benefit of a road or trail, on or immediately over land, snow, ice, or immediately over land, snow, ice, marsh, swampland, or other natural marsh, swampland, or other natural terrain. terrain.

ORVs Generally Prohibited on RoadORVs Generally Prohibited on Road

MCL 324.81122MCL 324.81122 (1) A person shall not operate an ORV (1) A person shall not operate an ORV

that is not registered under the code that is not registered under the code upon a public highway, street, or right-upon a public highway, street, or right-of-way of a public highway or street, of-way of a public highway or street, except as provided in section 81131…except as provided in section 81131…

Can I Upgrade My Golf Can I Upgrade My Golf Cart to Use as a Low Cart to Use as a Low

Speed Vehicle?Speed Vehicle?

Golf Cart Upgraded to LSVGolf Cart Upgraded to LSV

Inspection by a police officerInspection by a police officer Completion of TR-54 formCompletion of TR-54 form Re-titled as “Assembled” for Re-titled as “Assembled” for

manufacturer, and “Low Speed” for manufacturer, and “Low Speed” for body stylebody style

See handoutsSee handouts SOS T&R Manual Pages 158-159SOS T&R Manual Pages 158-159 TR 54 Form and T&R Pages 25-26TR 54 Form and T&R Pages 25-26

Problems with Inspection & TR-54Problems with Inspection & TR-54

Police officers not trained on how to Police officers not trained on how to determine appropriate equipmentdetermine appropriate equipment

Windshield not ANSI AS-1 or AS-4 or Windshield not ANSI AS-1 or AS-4 or police officer unable to determinepolice officer unable to determine

Safety belts not conforming to FMVSS Safety belts not conforming to FMVSS 209 and/or Type 1 used where Type 2 209 and/or Type 1 used where Type 2 required or police officer unable to required or police officer unable to determinedetermine

Form unsigned or boxes left uncheckedForm unsigned or boxes left unchecked

Additional ConsiderationsAdditional Considerations

““Assembled Vehicle” status was not Assembled Vehicle” status was not originally intended for conversion of originally intended for conversion of ORVs to street legalORVs to street legal

Original intent was for kit cars, replica Original intent was for kit cars, replica cars, and for modifying an existing body cars, and for modifying an existing body style (dune buggy from VW, car body on style (dune buggy from VW, car body on pickup frame)pickup frame)

TR-54 form designed for these purposesTR-54 form designed for these purposes—not specific enough for LSV—not specific enough for LSV

Additional ConsiderationsAdditional Considerations

Vehicle must be upgraded by the person Vehicle must be upgraded by the person seeking the titleseeking the title

If upgraded by a third party, title must If upgraded by a third party, title must show that party as manufacturershow that party as manufacturer

Third party must also have appropriate Third party must also have appropriate level of dealer licenselevel of dealer license

Third party manufacturers must meet all Third party manufacturers must meet all current year FMVSS, not just windshields current year FMVSS, not just windshields and safety belts/anchoragesand safety belts/anchorages

Sample RegistrationSample Registration

Contact InformationContact InformationSgt. Lance R. CookSgt. Lance R. Cook

Michigan State PoliceMichigan State Police

Traffic Safety DivisionTraffic Safety Division

Traffic Services SectionTraffic Services Section

Traffic Law Resource and Education UnitTraffic Law Resource and Education Unit

4000 Collins Road, Lansing 489094000 Collins Road, Lansing 48909

[email protected]@michigan.gov

(517) 336-6660(517) 336-6660

Non Traditional And Alternative Vehicles New

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