3.28Operation of Snowmobile After Operating Privileges Have Been Suspended

A.Statutory Authority

“A person who is ordered not to operate a snowmobile and who has been notified of the order by personal service or first-class mail shall not operate a snowmobile.” MCL 324.82152(1). “A person shall not knowingly permit a snowmobile owned by the person to be operated by a person who is subject to such an order.” Id.

“Upon receiving a record of the conviction or probate court disposition of a person upon a charge of unlawful operation of a snowmobile while the person is subject to an order not to operate a snowmobile, the secretary of state shall immediately extend the length of the order for an additional like period.” MCL 324.82152(2). “If the secretary of state receives records of more than 1 conviction or probate court disposition resulting from the same incident, all of the convictions or probate court dispositions shall be treated as a single violation for purposes of extending the length of an order under [MCL 324.82152(2)].” MCL 324.82152(3).

B.Penalties

1.First Offense

A person convicted of violating MCL 324.82152(1) is guilty of a misdemeanor punishable by:

•imprisonment for not more than 90 days;

•fine of not more than $500; or

•both. MCL 324.82152(1)(a).

2.Second or Subsequent Offense

A person convicted of a second or subsequent violation of MCL 324.82152(1) is guilty of a misdemeanor punishable by:

•imprisonment for not more than one year;

•fine of not more than $1,000; or

•both. MCL 324.82152(1)(b).

C.Sanctions

Only applicable sanctions are listed below; accordingly, if a particular sanction is omitted from this section, it is not applicable to this offense.

•Limited mandatory cancellation of snowmobile certificate of registration.¹ MCL 324.82152(4). See Section 3.14 for more information on cancellation of snowmobile certificate of registration.

•Mandatory denial of new snowmobile certificate of registration for snowmobile with canceled registration for 90 days after cancellation. MCL 324.82152(4). See Section 3.14 for more information on denial of snowmobile certificate of registration.

•Mandatory snowmobile impoundment for not less than 30 or more than 120 days. MCL 324.82153(1). See Section 3.14 for more information on impoundment.