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  • Farm Tractor or Implement of Husbandry
  • Motorcycle
  • Segway scooter or Electric Personal Assistive Mobility Device
  • Amigo Scooter
  • GEM Low Speed Vehicle
  • Golf Cart
  • Motorcycle 150cc 80 km/h (49.7 mph)
  • Special Mobile Equipment while blade down
  • 18 mph, 600 watts, but requires operator to shift gears

Non Traditional And Alternative Vehicles New Non Traditional And Alternative Vehicles New Presentation Transcript

  • Non-Traditional and Alternative Vehicles Sgt. Lance R. Cook Michigan State Police Traffic Safety Division February-April, 2009
  • Scope of This Session
    • Definitions and legal status of several non-traditional and alternative vehicles
    • Requirements for legal operation and registration or exception
    • Upgrading of some ORVs to street legal status
    • 2008 PA 240 allowing operation of ORVs on roads in some counties by county or municipal ordinance
  • General Categories of Alternative and Non-Traditional Vehicles
    • Motorcycles, mopeds, gopeds, motorized bicycles, and “pocket bikes”
    • Motorized wheelchairs, assistive devices, Segway device, and other “scooters”
    • Low speed vehicles and golf carts
    • Off-road vehicles
    • Special Mobile equipment and implements of husbandry
  • Part 1: Definitions
  • Vehicle
    • 257.79 “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks and except, only for the purpose of titling and registration under this act, a mobile home as defined in section 2 of the mobile home commission act, Act No. 96 of the Public Acts of 1987, being section 125.2302 of the Michigan Compiled Laws.
  • Motor Vehicle
    • 257.33 “Motor vehicle” means every vehicle that is self-propelled, but for purposes of chapter 4 of this act motor vehicle does not include industrial equipment such as a forklift, a front-end loader, or other construction equipment that is not subject to registration under this act. Motor vehicle does not include an electric patrol vehicle being operated in compliance with the electric patrol vehicle act. Motor vehicle does not include an electric personal assistive mobility device.
  • Motorcycle
    • 257.31 “Motorcycle” means every motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than 3 wheels in contact with the ground but excluding a tractor.
  • Moped
    • 257.32b “Moped” means a 2- or 3-wheeled vehicle which is equipped with a motor that does not exceed 50 cubic centimeters piston displacement, produces 2.0 brake horsepower or less, and cannot propel the vehicle at a speed greater than 30 miles per hour on a level surface. The power drive system shall not require the operator to shift gears.
  • Bicycle
    • 257.4 “Bicycle” means a device propelled by human power upon which a person may ride, having either 2 or 3 wheels in a tandem or tricycle arrangement, all of which are over 14 inches in diameter.
  • Segway Scooter
    • 257.13c “Electric personal assistive mobility device” means a self-balancing nontandem 2-wheeled device, designed to transport only 1 person at a time, having an electrical propulsion system with average power of 750 watts or 1 horsepower and a maximum speed on a paved level surface of not more than 15 miles per hour.
  • Farm Tractor
    • 257.16 “Farm tractor” means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.
  • Implement of Husbandry
    • 257.21 “Implement of husbandry” means a vehicle which is either a farm tractor, a vehicle designed to be drawn by a farm tractor or an animal, a vehicle which directly harvests farm products, or a vehicle which directly applies fertilizer, spray, or seeds to a farm field.
  • Truck
    • 257.75 “Truck” means every motor vehicle designed, used, or maintained primarily for the transportation of property.
  • Trailer
    • 257.73 “Trailer” means every vehicle with or without motive power, other than a pole-trailer, designed for carrying property or persons and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
  • Special Mobile Equipment
    • 257.62 “Special mobile equipment” means every vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including farm tractors, road construction or maintenance machinery, mobile office trailers, mobile tool shed trailers, mobile trailer units used for housing stationary construction equipment, ditch-digging apparatus, and well-boring and well-servicing apparatus. The foregoing enumeration shall be considered partial and shall not operate to exclude other vehicles which are within the general terms of this definition. Although not within the general terms of this definition, the combination of a mobile car crusher trailer permanently attached to a truck tractor or road tractor shall be considered special mobile equipment for purposes of this act.
  • Low Speed Vehicle
    • 257.25b "Low-speed vehicle" means a self-propelled motor vehicle to which both of the following apply:
    • (a) The vehicle conforms to the definition of low-speed vehicle under 49 CFR 571.3(b).
    • (b) The vehicle meets the standard for low-speed vehicles under 49 CFR 571.500.
  • Off-Road Vehicle
    • From the Natural Resources and Environmental Protection Act
    • 324.81101 (n) "ORV" or "vehicle" means a motor driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain.
  • Off-Road Vehicle Continued
    • ORV or vehicle includes, but is not limited to, a multitrack or multiwheel drive vehicle, an ATV, a motorcycle or related 2-wheel, 3-wheel, or 4-wheel vehicle, an amphibious machine, a ground effect air cushion vehicle, or other means of transportation deriving motive power from a source other than muscle or wind.
  • Off-Road Vehicle Continued
    • ORV or vehicle does not include a registered snowmobile, a farm vehicle being used for farming, a vehicle used for military, fire, emergency, or law enforcement purposes, a vehicle owned and operated by a utility company or an oil or gas company when performing maintenance on its facilities or on property over which it has an easement, a construction or logging vehicle used in performance of its common function, or a registered aircraft.
  • Highway or Street
    • 257.20 “Highway or street” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
    • 257.64 “Street or highway” means the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
  • Roadway
    • 257.55 “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel. In the event a highway includes 2 or more separate roadways, the term “roadway”, as used herein, shall refer to any such roadway separately, but not to all such roadways collectively.
  • Sidewalk
    • 257.60 “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of roadway, and the adjacent property lines intended for the use of pedestrians.
  •  
  • Quiz: What is it?
  • Disclaimer
    • In some cases, the intended use dictates which definitions apply, in some cases it doesn’t really matter. In all cases, common sense should be applied when taking enforcement action or seeking prosecution.
    • Some local interpretation by courts or prosecutors may apply in your jurisdiction.
  •  
  • Trailer
  •  
  • Special Mobile Equipment
  •  
  • Special Mobile Equipment
  •  
  • Farm Tractor or Implement of Husbandry
  •  
  • Motorcycle
  •  
  • Electric Personal Assistive Mobility Device
  •  
  • Motor Vehicle Not Otherwise Defined in Michigan Vehicle Code
  •  
  • Low Speed Vehicle
  •  
  • Off-Road Vehicle
  •  
  • Motorcycle
  •  
  • Special Mobile Equipment
  •  
  • Truck or Special Mobile Equipment
  •  
  • Special Mobile Equipment
  •  
  • Motorcycle
  •  
  • Off-Road Vehicle
  •  
  • Off-Road Vehicle
  •  
  • Motorcycle
  •  
  • Moped
  •  
  • Truck
  • Part 2: Registration and Operation
  • MCL 257.656
    • (1) A person who violates any of sections 656 to 661a is responsible for a civil infraction.
    • (2) The parent of a child or the guardian of a ward shall not authorize or knowingly permit the child or ward to violate this chapter.
    • (3) The regulations applicable to bicycles under sections 656 to 662 shall apply when a bicycle is operated upon a highway or upon a path set aside for the exclusive use of bicycles, subject to those exceptions stated in sections 656 to 662.
    • (4) The regulations applicable to motorcycles in sections 656 to 662 shall be considered supplementary to other provisions of this chapter governing the operation of motorcycles.
  • MCL 257.657
    • Each person riding a bicycle, electric personal assistive mobility device, or moped or operating a low-speed vehicle upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in this article and except as to the provisions of this chapter which by their nature do not have application.
  • MCL 257.658
    • (1) A person propelling a bicycle or operating a motorcycle or moped shall not ride other than upon and astride a permanent and regular seat attached to that vehicle.
    • (2) A bicycle or motorcycle shall not be used to carry more persons at 1 time than the number for which it is designed and equipped.
    • (3) A moped or an electric personal assistive mobility device shall not be used to carry more than 1 person at a time.
  • MCL 257.658 continued
    • (4) A person operating or riding on a motorcycle, and any person less than 19 years of age operating a moped on a public thoroughfare shall wear a crash helmet on his or her head. Crash helmets shall be approved by the department of state police. The department of state police shall promulgate rules for the implementation of this section pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Rules in effect on June 1, 1970, shall apply to helmets required by this act. This subsection does not apply to a person operating or riding in an autocycle if the vehicle is equipped with a roof which meets or exceeds standards for a crash helmet.
    • (5) A person operating or riding in an autocycle shall wear seat belts when on a public highway in this state.
  • MCL 257.658a
    • (1) In addition to the requirements of section 658, a motorcycle shall be equipped with adequate seats and foot rests or pegs for each designated seating position. Foot rests or pegs must be securely attached. A passenger shall not ride on a motorcycle unless his or her feet can rest on the assigned foot rests or pegs except that this requirement does not apply to a person who is unable to reach the foot rests or pegs due to a permanent physical disability.
    • (2) A person who violates this section is responsible for a civil infraction.
  • MCL 257.658b
    • (1) Except as provided in subsection (2), a person operating or riding in a low-speed vehicle shall wear a crash helmet on his or her head. The crash helmet shall meet the requirements of the rules promulgated by the department of state police under section 658.
    • (2) Subsection (1) does not apply to a person operating or riding in a low-speed vehicle equipped with a roof that meets or exceeds the standards for roof-crush resistance, provided under 49 C.F.R. 571.500.
  • MCL 257.659
    • A person riding upon a bicycle, moped or motorcycle, coaster, roller skates, sled, or toy vehicle shall not attach the same or himself to a streetcar or vehicle upon a roadway.
  • MCL 257.660
    • (1) A person operating an electric personal assistive mobility device, low-speed vehicle, or moped upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. A motorcycle is entitled to full use of a lane, and a motor vehicle shall not be driven in such a manner as to deprive a motorcycle of the full use of a lane. This subsection does not apply to motorcycles operated 2 abreast in a single lane.
  • MCL 257.660 continued
    • (2) A person riding an electric personal assistive mobility device, motorcycle, or moped upon a roadway shall not ride more than 2 abreast except on a path or part of a roadway set aside for the exclusive use of those vehicles.
    • (3) Where a usable and designated path for bicycles is provided adjacent to a highway or street, a person operating an electric personal assistive mobility device may, by local ordinance, be required to use that path.
  • MCL 257.660 continued
    • (4) A person operating a motorcycle, moped, low-speed vehicle, or electric personal assistive mobility device shall not pass between lines of traffic, but may pass on the left of traffic moving in his or her direction in the case of a 2-way street or on the left or right of traffic in the case of a 1-way street, in an unoccupied lane.
    • (5) A person operating an electric personal assistive mobility device on a sidewalk constructed for the use of pedestrians shall yield the right-of-way to a pedestrian and shall give an audible signal before overtaking and passing the pedestrian.
  • MCL 257.660 continued
    • (6) A moped or low-speed vehicle shall not be operated on a sidewalk constructed for the use of pedestrians.
    • (7) A low-speed vehicle shall be operated at a speed of not to exceed 25 miles per hour and shall not be operated on a highway or street with a speed limit of more than 35 miles per hour except for the purpose of crossing that highway or street. The state transportation department may prohibit the operation of a low-speed vehicle on any highway or street under its jurisdiction if it determines that the prohibition is necessary in the interest of public safety.
  • MCL 257.660 continued
    • (8) This section does not apply to a police officer in the performance of his or her official duties.
    • (9) An electric personal assistive mobility device shall be operated at a speed not to exceed 15 miles per hour and shall not be operated on a highway or street with a speed limit of more than 25 miles per hour except to cross that highway or street.
  • MCL 257.660 continued
    • (10) The governing body of a county, a city, a village, an entity created under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, or a township may, by ordinance, which is based on the health, safety, and welfare of the citizens, regulate the operation of electric personal assistive mobility devices on sidewalks, highways or streets, or crosswalks. Except as otherwise provided in this subsection, a governing body of a county, city, village, entity created under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, or township may prohibit the operation of electric personal assistive mobility devices in an area open to pedestrian traffic adjacent to a waterfront or on a trail under their jurisdiction or in a downtown or central business district. Signs indicating the regulation shall be conspicuously posted in the area where the use of an electric personal assistive mobility device is regulated.
  • MCL 257.660 continued
    • (11) Operation of an electric personal assistive mobility device is prohibited in a special charter city and a state park under the jurisdiction of the Mackinac Island state park commission.
    • (12) Operation of an electric personal assistive mobility device may be prohibited in a historic district.
    • (13) The department of natural resources may by order regulate the use of electric personal assistive mobility devices on all lands under its control.
  • MCL 257.660a
    • 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 right-hand curb or edge of the roadway except as follows:
    • (a) When overtaking and passing another bicycle or any other vehicle proceeding in the same direction.
    • (b) When preparing to turn left.
    • (c) When conditions make the right-hand edge of the roadway unsafe or reasonably unusable by bicycles, including, but not limited to, surface hazards, an uneven roadway surface, drain openings, debris, parked or moving vehicles or bicycles, pedestrians, animals, or other obstacles, or if the lane is too 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 right but the individual intends to go straight through the intersection.
    • (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 may ride as near the left-hand curb or edge of that roadway as practicable.
  • MCL 257.660b
    • Two or more individuals operating bicycles upon a highway or street shall not ride more than 2 abreast except upon a path or portion of the highway or street set aside for the use of bicycles.
  • MCL 257.660c
    • (1) An individual operating a bicycle upon a sidewalk or a pedestrian crosswalk shall yield the right-of-way to pedestrians and shall give an audible signal before overtaking and passing a pedestrian.
    • (2) An individual shall not operate a bicycle upon a sidewalk or a pedestrian crosswalk if that operation is prohibited by an official traffic control device.
    • (3) An individual lawfully operating a bicycle upon a sidewalk or a pedestrian crosswalk has all of the rights and responsibilities applicable to a pedestrian using that sidewalk or crosswalk.
  • MCL 257.660d
    • (1) An individual may park a bicycle on a sidewalk except as prohibited by an official traffic control device.
    • (2) An individual shall not park a bicycle on a sidewalk in such a manner that the bicycle impedes the lawful movement of pedestrians or other traffic.
    • (3) An individual may park a bicycle on a highway or street at any location where parking is allowed for motor vehicles, may park at any angle to the curb or the edge of the highway, and may park abreast of another bicycle.
    • (4) An individual shall not park a bicycle on a highway or street in such a manner as to obstruct the movement of a legally parked motor vehicle.
    • (5) Except as otherwise provided in this section, an individual parking a bicycle on a highway or street shall do so in compliance with this act and any local ordinance.
  • MCL 257.661
    • A person operating a bicycle, electric personal assistive mobility device, moped, or motorcycle shall not carry any package, bundle, or article that prevents the driver from keeping both hands upon the handlebars of the vehicle.
  • MCL 257.661a
    • A person shall not operate on a public highway of this state a motorcycle or moped equipped with handlebars that are higher than 15 inches from the lowest point of the undepressed saddle to the highest point of the handle grip of the operator.
  • MCL 257.662
    • (1) A bicycle or an electric personal assistive mobility device being operated on a roadway between 1/2 hour after sunset and 1/2 hour before sunrise shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear which shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.
  • MCL 257.662 continued
    • (2) A bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
    • (3) An electric personal assistive mobility device shall enable the operator to bring it to a controlled stop.
  • MCL 257.662 continued
    • (4) A person shall not sell, offer for sale, or deliver for sale in this state a bicycle or a pedal for use on a bicycle, either of which was manufactured after January 1, 1976, unless it is equipped with a type of reflex reflector located on the front and rear surfaces of the pedal. The reflector elements may be either integral with the construction of the pedal or mechanically attached, but shall be sufficiently recessed from the edge of the pedal, or of the reflector housing, to prevent contact of the reflector element with a flat surface placed in contact with the edge of the pedal. The pedal reflectors shall be visible from the front and rear of the bicycle during the nighttime from a distance of 200 feet when directly exposed to the lower beam head lamps of a motor vehicle.
  • MCL 257.662 continued
    • (5) A person shall not sell, offer for sale, or deliver for sale in this state a bicycle manufactured after January 1, 1976 or an electric personal assistive mobility device unless it is equipped with either tires which have reflective sidewalls or with wide-angle prismatic spoke reflectors. If the bicycle or the electric personal assistive mobility device is manufactured with reflective sidewalls, the reflective portion of the sidewall shall form a continuous circle on the sidewall, and may not be removed from the tire without removal of tire material. If the bicycle is equipped with wide-angle prismatic spoke reflectors, the reflectors of the front wheel shall be essentially colorless or amber, and the reflectors on the rear wheel shall be essentially colorless or red. Reflective sidewalls or spoke reflectors shall cause the bicycle to be visible from all distances from 100 feet to 600 feet when viewed under lawful low beam motor vehicle head lamps under normal atmospheric conditions.
  • MCL 257.662 continued
    • (6) A person who violates subsection (1) or (2) is responsible for a civil infraction.
  • MCL 257.217b
    • A moped and a low-speed vehicle shall have permanently affixed to their frame a manufacturer's identification number.
  • MCL 750.419
    • 750.419 A person who operates or rides a motorcycle, moped, or other motor vehicle, excepting motorized wheelchairs upon a bicycle path or a sidewalk regularly laid out and constructed for the use of pedestrians, not including a crosswalk or driveway, is guilty of a misdemeanor.
  • Attorney General Opinions
    • 5145 Size and weight restrictions for implements of husbandry
    • 5563 Registration of lawn mowers and self-propelled snow blowers
  • AG Opinion 5145
    • Therefore, the Sec. 716(b) exemption for implements of husbandry is contingent upon the use to which the vehicle is being put. If its movement on the county road is subsidiary to an agricultural operation, it need not comply with the width limitations of the Michigan Vehicle Code, Sec. 717(b); MCLA 257.717(b); MSA 9.2417(b).
  • AG Opinion 5563
    • Self-propelled lawn mowers and self-propelled snow blowers which can be driven are not designed for the transportation of persons or property. Whether they are being used to transport persons or property is a question of fact which, if established, would require registration.
    • It is my opinion, therefore, that neither a self-propelled lawn mower nor a self-propelled snow blower which can be driven need be registered as a vehicle when its movement on a highway is incidental to its use as a lawn mower or snow blower and therefore for purposes other than transportation of persons or property. The fact that such equipment may be driven for several blocks so that it may be used at its destination does not constitute use for the transportation of persons or property.
  • MCL 324.81122
    • 324.81122 (1) A person shall not operate an ORV that is not registered under the code upon a public highway, street, or right-of-way of a public highway or street, except as provided in section 81131 or under the following conditions and circumstances:
  • MCL 324.81122(1) Continued
    • (a) The operator of a vehicle may cross a public highway, other than a limited access highway, at right angles, for the purpose of getting from 1 area to another, if the operation can be done in safety. The operator shall bring the vehicle to a complete stop before proceeding across a public highway, and shall yield the right-of-way to oncoming traffic.
  • MCL 324.81122(1) Continued
    • (b) A vehicle may be operated on a street or highway for a special event of limited duration and conducted according to a prearranged schedule only under permit from the governmental unit having jurisdiction. A special event involving ORVs may be conducted on the frozen surface of public waters only under permit from the department.
  • MCL 324.81122(1) Continued
    • (c) A farmer, employee of a farmer, or family member of a farmer who is at least 16 years of age may operate an ORV on the extreme right side of a roadway or highway right-of-way when it is not practicable to operate off that roadway or highway right-of-way. Such operation shall be limited to traveling to or from the farmer's residence or work location or field during the course of farming operations. An ORV shall not be operated pursuant to this subdivision during the period of 30 minutes before sunset to 30 minutes after sunrise, when visibility is substantially reduced due to weather conditions, or in a manner so as to interfere with traffic.
  • MCL 324.81122(1)(c) Continued
    • The state transportation department and all of its employees are immune from tort liability for injury or damages sustained by any person arising in any way by reason of the operation or use of an ORV for the limited purposes allowed under this subdivision. An operator of an ORV under this subdivision shall have attached to the ORV a flag made of reflective material. The flag shall extend not less than 8 feet from the surface of the roadway and not less than 4 feet above the top of the ORV. The flag shall be not less than 12 inches high by 18 inches long and not measure less than 100 square inches.
  • MCL 324.81122 Continued
    • (2) In a court action in this state where competent evidence demonstrates that a vehicle that is permitted to operate on a highway pursuant to the code is in a collision with an ORV on a roadway, the operator of the ORV involved in the collision shall be considered prima facie negligent.
  • 2008 PA 240
    • Amends MCL 324.81131, July 17, 2008
    • Sponsored by Rep. Joel Sheltrown
    • Covers Mason, Lake, Osceola, Clare, Gladwin, Arenac, and Bay Counties and all counties north of these
    • Allows ORVs, including standard golf carts, to be operated in the “maintained” portion of certain county roads with an ordinance
    • Municipalities within these counties may also pass similar ordinances
  • MCL 324.81131 Continued
    • License required to operate if vehicle is registered for road use per MVC (includes golf carts upgraded to LSV)
    • No license required for non-registered ORV for age 18 and over
    • License or adult supervision required for ages 12-18
    • Under age 12 prohibited from operating on road
  • MCL 324.81131
    • MCL 324.81131 (1) A municipality may pass an ordinance allowing a permanently disabled person to operate an ORV in that municipality.
    • (2) Subject to subsections (4) and (7), the county board of commissioners of an eligible county may adopt an ordinance authorizing the operation of ORVs on the maintained portion of 1 or more roads located within the county. Not less than 45 days before a public hearing on the ordinance, the county clerk shall send notice of the public hearing, by certified mail, to the county road commission and, if state forestland is located within the county, to the department.
  • MCL 324.81131 Continued
    • (3) Subject to subsections (4) and (7), beginning 1 year after the effective date of the amendatory act that added this subsection, the township board of a township located in an eligible county may adopt an ordinance authorizing the operation of ORVs on the maintained portion of 1 or more roads located within the township. Not less than 28 days before a public hearing on the ordinance, the township clerk shall send notice of the public hearing, by certified mail, to the county road commission and, if state forestland is located within the township, to the department.
  • MCL 324.81131 Continued
    • (4) The board of county road commissioners may close a road to the operation of ORVs under subsection (2) or (3) to protect the environment or if the operation of ORVs under subsection (2) or (3) poses a particular and demonstrable threat to public safety. A county road commission shall not under this subsection close more than 30% of the linear miles of roads located within the county to the operation of ORVs under subsection (2) or (3). The township board of a township located in an eligible county may adopt an ordinance to close a road to the operation of ORVs under subsection (2).
  • MCL 324.81131 Continued
    • (5) Subject to subsection (7), the legislative body of a municipality located in an eligible county may adopt an ordinance authorizing the operation of ORVs on the maintained portion of 1 or more streets within the municipality.
  • MCL 324.81131 Continued
    • (6) Subject to subsections (4) and (7), if a local unit of government adopts an ordinance pursuant to subsection (2), (3), or (5), a person may operate an ORV with the flow of traffic on the far right of the maintained portion of the road or street covered by the ordinance. A person shall not operate an ORV pursuant to subsection (2), (3), or (5) at a speed greater than 25 miles per hour or a lower posted ORV speed limit or in a manner that interferes with traffic on the road or street.
  • MCL 324.81131(6) Continued
    • Unless the person possesses a license as defined in section 25 of the Michigan vehicle code, 1949 PA 300, MCL 257.25, a person shall not operate an ORV pursuant to subsection (2), (3), or (5) if the ORV is registered as a motor vehicle under chapter II of the Michigan vehicle code, 1949 PA 300, MCL 257.201 to 257.259, and either is more than 60 inches wide or has 3 wheels. ORVs operated pursuant to subsection (2), (3), or (5) shall travel single file, except that an ORV may travel abreast of another ORV when it is overtaking and passing, or being overtaken and passed by, another ORV.
  • MCL 324.81131 Continued
    • (7) Subsections (2) to (6) and an ordinance adopted under subsection (2), (3), or (5) do not apply beginning 5 years after the effective date of the amendatory act that added this subsection.
  • MCL 324.81131 Continued
    • (8) In addition to any applicable requirement of section 81133(c), a person shall not operate an ORV pursuant to this section when visibility is substantially reduced due to weather conditions without displaying a lighted headlight and lighted taillight. Beginning January 1, 2010, a person shall not operate an ORV pursuant to this section without displaying a lighted headlight and lighted taillight.
  • MCL 324.81131 Continued
    • (9) A person under 18 years of age shall not operate an ORV pursuant to this section unless the person is in possession of a valid driver license or under the direct supervision of a parent or guardian and the person has in his or her immediate possession an ORV safety certificate issued pursuant to this part or a comparable ORV safety certificate issued under the authority of another state or a province of Canada. A person under 12 years of age shall not operate an ORV pursuant to this section. The requirements of this subsection are in addition to any applicable requirements of section 81129.
  • MCL 324.81131 Continued
    • (10) A township that has authorized the operation of ORVs on a road under subsection (3) does not have a duty to maintain the road in a condition reasonably safe and convenient for the operation of ORVs. A board of county road commissioners, a county board of commissioners, or a municipality does not have a duty to maintain a road or street under its jurisdiction in a condition reasonably safe and convenient for the operation of ORVs, except the following ORVs:
      • (a) ORVs registered as motor vehicles as provided in the code.
      • (b) ORVs permitted by an ordinance as provided in subsection(1).
  • MCL 324.81131 Continued
    • (13) A violation of an ordinance described in this section is a municipal civil infraction. The ordinance may provide for a maximum fine of not more than $500.00 for a violation of the ordinance. In addition, the court shall order the defendant to pay the cost of repairing any damage to the environment, a road or street, or public property damaged as a result of the violation.
  • MCL 324.81131 Continued
    • (15) As used in this section:
    • (a) "Eligible county" means Mason, Lake, Osceola, Clare, Gladwin, Arenac, or Bay county or a county lying north thereof, including all of the counties of the Upper Peninsula.
    • (b) "Local unit of government" means a county, township, or municipality.
    • (c) "Municipality" means a city or village.
    • (d) "Road" means a county primary road or county local road as described in section 5 of 1951 PA 51, MCL 247.655.
    • (e) "Street" means a city or village major street or city or village local street as described in section 9 of 1951 PA 51, MCL 247.659.
  • Part 3: Special Circumstances Issues with Low Speed and Off-Road Vehicles
  • What is a Low Speed Vehicle?
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  • Previous Michigan Definition
    • From 7/1/00 to 7/26/06 adopted the federal standard by listing rather than referencing:
    • Electrically powered
    • Designed not to exceed 35 mph
    • Capacity of not more than 4 people of 2200 pounds or less in weight
    • As described in 49 CFR 571.500
    • Equipped with minimum of headlamps, turn signals, tail and stop lamps, reflectors, mirrors, parking brake, VIN
    • Windshield and seat belt assemblies that conform to requirements of MVC
  • Current Michigan Definition
    • MCL 257.25b “Low-speed vehicle” defined.
    • "Low-speed vehicle" means a self-propelled motor vehicle to which both of the following apply:
    • (a) The vehicle conforms to the definition of low-speed vehicle under 49 CFR 571.3(b).
    • (b) The vehicle meets the standard for low-speed vehicles under 49 CFR 571.500.
  • Federal Definition
    • 49 CFR 571.3(b)
    • Low-speed vehicle (LSV) means a motor vehicle, (1) that is 4-wheeled, (2) whose speed attainable in 1.6 km (1 mile) is more than 32 kilometers per hour (20 miles per hour) and not more than 40 kilometers per hour (25 miles per hour) on a paved level surface, and (3) whose GVWR is less than 1,134 kilograms (2,500 pounds).
  • Federal Standard
    • 49 CFR 571.500 S5
    • (a) When tested in accordance with test conditions in S6 and test procedures in S7, the maximum speed attainable in 1.6 km (1 mile) by each low-speed vehicle shall not more than 40 kilometers per hour (25 miles per hour).
  • Federal Standard
    • 49 CFR 571.500 S5
    • (b) Each low-speed vehicle shall be equipped with:
    • (b)(1) headlamps,
    • (b)(2) front and rear turn signal lamps,
    • (b)(3) taillamps,
    • (b)(4) stop lamps,
    • (b)(5) reflex reflectors: one red on each side as far to the rear as practicable, and one red on the rear,
  • Federal Standard
    • 49 CFR 571.500 S5
    • (b)(6) an exterior mirror mounted on the driver's side of the vehicle and either an exterior mirror mounted on the passenger's side of the vehicle or an interior mirror,
    • (b)(7) a parking brake,
    • (b)(8) A windshield that conforms to the Federal motor vehicle safety standard on glazing materials (49 CFR 571.205),
  • Federal Standard
    • 49 CFR 571.500 S5
    • (b)(9) a VIN that conforms to the requirements of part 565 Vehicle Identification Number of this chapter, and
    • (b)(10) a Type 1 or Type 2 seat belt assembly conforming to § 571.209 of this part, Federal Motor Vehicle Safety Standard No. 209, Seat belt assemblies, installed at each designated seating position.
  • Windshield Standard
    • 49 CFR 571.205
    • S5.4 Low speed vehicles . Windshields of low speed vehicles must meet the ANSI/SAE Z26.1-1996 specifications for either AS-1 or AS-4 glazing.
  • Seat Belt Standard
    • 49 CFR 571.209
    • S3. Definitions. Adjustment hardware means any or all hardware designed for adjusting the size of a seat belt assembly to fit the user, including such hardware that may be integral with a buckle, attachment hardware, or retractor.
    • Type 1 seat belt assembly is a lap belt for pelvic restraint.
    • Type 2 seat belt assembly is a combination of pelvic and upper torso restraints.
  • VIN Requirement
    • MCL 257.217b
    • A…low-speed vehicle shall have permanently affixed to their frame a manufacturer's identification number.
  • Sample Registration Standard 17-Character VIN Body Style of "Low Speed" Year and Manufacturer Standard Plate Configuration
  • Where Can Low Speed Vehicles be Operated? What Are the Restrictions?
  • Parts of a Highway
  • Parts of a Highway
    • 257.20 “Highway or street” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
    • 257.55 “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel. In the event a highway includes 2 or more separate roadways, the term “roadway”, as used herein, shall refer to any such roadway separately, but not to all such roadways collectively.
  • Parts of a Highway
    • 257.59a “Shoulder” means that portion of the highway contiguous to the roadway generally extending the contour of the roadway, not designed for vehicular travel but maintained for the temporary accommodation of disabled or stopped vehicles otherwise permitted on the roadway.
    • 257.60 “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of roadway, and the adjacent property lines intended for the use of pedestrians.
  • Road Authority Immunity from Liability
    • MCL 257.606a
    • (1) The state transportation department, a board of county road commissioners, a county board of commissioners, and a county, city, or village have no duty to maintain any highway under their jurisdiction in a condition reasonably safe and convenient for the operation of low-speed vehicles.
  • Road Authority Immunity from Liability
    • (2) The state transportation department [et al.]…are immune from tort liability for injuries or damages sustained by any person arising in any way out of the operation or use of a low-speed vehicle on maintained or unmaintained highways, shoulders, and rights-of-way over which the state transportation department [et al.]…has jurisdiction. The immunity provided by this subsection does not apply to actions which constitute gross negligence. Gross negligence is defined as conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.
  • Rights and Duties of Operator
    • MCL 257.657
    • Each person…operating a low-speed vehicle upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in this article and except as to the provisions of this chapter which by their nature do not have application.
  • Helmet or Crush-Resistant Roof
    • MCL 257.658b
    • (1) Except as provided in subsection (2), a person operating or riding in a low-speed vehicle shall wear a crash helmet on his or her head. The crash helmet shall meet the requirements of the rules promulgated by the department of state police under section 658.
    • (2) Subsection (1) does not apply to a person operating or riding in a low-speed vehicle equipped with a roof that meets or exceeds the standards for roof-crush resistance, provided under 49 C.F.R. 571.500.
  • Limitations on Use in Michigan
    • MCL 257.660
    • (1) A person operating…low-speed vehicle…upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
  • Limitations on Use in Michigan
    • (4) A person operating a…low-speed vehicle…shall not pass between lines of traffic, but may pass on the left of traffic moving in his or her direction in the case of a 2-way street or on the left or right of traffic in the case of a 1-way street, in an unoccupied lane.
    • (6) A…low-speed vehicle shall not be operated on a sidewalk constructed for the use of pedestrians.
  • Limitations on Use in Michigan
    • (7) A low-speed vehicle shall be operated at a speed of not to exceed 25 miles per hour and shall not be operated on a highway or street with a speed limit of more than 35 miles per hour except for the purpose of crossing that highway or street. The state transportation department may prohibit the operation of a low-speed vehicle on any highway or street under its jurisdiction if it determines that the prohibition is necessary in the interest of public safety.
  • Requirement for Brakes
    • MCL 257.705
    • (a) A…low-speed vehicle when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold the vehicle, including 2 separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least 2 wheels. If these 2 separate means of applying the brakes are connected in any way, they shall be constructed in a way that failure of 1 part of the operating mechanism shall not leave the motor vehicle without brakes on at least 2 wheels.
  • Golf Carts are Off-Road Vehicles
    • MCL 324.81101
    • (n) "ORV" or "vehicle" means a motor driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain.
  • ORVs Generally Prohibited on Road
    • MCL 324.81122
    • (1) A person shall not operate an ORV that is not registered under the code upon a public highway, street, or right-of-way of a public highway or street, except as provided in section 81131…
  • Can I Upgrade My Golf Cart to Use as a Low Speed Vehicle?
  • Golf Cart Upgraded to LSV
    • Inspection by a police officer
    • Completion of TR-54 form
    • Re-titled as “Assembled” for manufacturer, and “Low Speed” for body style
    • See handouts
      • SOS T&R Manual Pages 158-159
      • TR 54 Form and T&R Pages 25-26
  • Problems with Inspection & TR-54
    • Police officers not trained on how to determine appropriate equipment
    • Windshield not ANSI AS-1 or AS-4 or police officer unable to determine
    • Safety belts not conforming to FMVSS 209 and/or Type 1 used where Type 2 required or police officer unable to determine
    • Form unsigned or boxes left unchecked
  • Additional Considerations
    • “Assembled Vehicle” status was not originally intended for conversion of ORVs to street legal
    • Original intent was for kit cars, replica cars, and for modifying an existing body style (dune buggy from VW, car body on pickup frame)
    • TR-54 form designed for these purposes—not specific enough for LSV
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  • Additional Considerations
    • Vehicle must be upgraded by the person seeking the title
    • If upgraded by a third party, title must show that party as manufacturer
    • Third party must also have appropriate level of dealer license
    • Third party manufacturers must meet all current year FMVSS, not just windshields and safety belts/anchorages
  • Sample Registration Replaced with "2008 Assembled" XXXXXXXXXXX
  • Contact Information Sgt. Lance R. Cook Michigan State Police Traffic Safety Division Traffic Services Section Traffic Law Resource and Education Unit 4000 Collins Road, Lansing 48909 [email_address] (517) 336-6660