2.20Operation of Unregistered ORVs on Public Highways and Streets
“A person shall not operate an ORV that is not registered under the [Michigan Vehicle Code (MVC), MCL 257.1 et seq.,] upon a street, county road, or highway, except as provided in [MCL 324.811311] or under the following conditions and circumstances:
(a) The operator of a vehicle may cross a street, county road, or 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 street, county road, or highway, and shall yield the right-of-way to oncoming traffic.
(b) A vehicle may be operated on a street, county road, or highway for a special event of limited duration and conducted according a prearranged schedule only under permit from the governmental unit having jurisdiction. Subject to [MCL 324.81122(2)], a special event involving ORVs may be conducted on the frozen surface of public waters only under permit from the [DNR].
(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 a street, county road, or highway while 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 or when visibility is substantially reduced due to weather conditions. The individual shall operate the ORV in the same manner and on the same portion of the street, county road, or highway as required under [MCL 324.81131(9)2]. . . . 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 street, county road, or highway 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(1).
“The [DNR] shall not require a permit under [MCL 324.81101 et seq.,] merely for organized group recreational ORV riding on [DNR] lands, or for an ORV event on the frozen surface of public waters, if conducted in compliance with applicable statutes, rules, and orders.” MCL 324.81122(2).
“In a court action in [Michigan] if competent evidence demonstrates that a vehicle that is permitted to operate on a highway pursuant to the [MVC] is in a collision on a roadway with an ORV that is not registered under the [MVC], the operator of the ORV involved in the collision shall be considered prima facie negligent.” MCL 324.81122(3).
“[A] person who violates [MCL 324.81122] is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $50.00 or more than $1,000.00, or both, for each violation.” See MCL 324.81147(1).
Only applicable sanctions are listed below; accordingly, if a particular sanction is omitted from this section, it is not applicable to this offense.
•ORV impoundment/seizure authorized under certain circumstances. See MCL 324.81147(6)-(7). See Section 2.15 for more information on impoundment/seizure.
1 MCL 324.81131 permits local governments to establish ORV access routes.
2 MCL 324.81131(9) provides that “[s]ubject to [MCL 324.81131(4)], if a local unit of government adopts an ordinance pursuant to [MCL 324.81131(2), MCL 324.81131(4), or MCL 324.81131(5)], a person may operate an ORV with the flow of traffic on the far right of the maintained portion of the street or county road covered by the ordinance. If the operation of ORVs on a highway is authorized pursuant to [MCL 324.81131(6)], a person may operate an ORV with the flow of traffic as follows: (a) [o]n the right shoulder of the highway[;] (b) [i]f there is not a right shoulder or the right shoulder is not of adequate width, on the right unmaintained portion of the highway[;] (c) [o]n the far right of the right traffic lane of the highway, if necessary to cross a bridge or culvert and if the operator brings the ORV to a complete stop before entering and yields the right-of-way to an approaching vehicle on that traffic lane.”