Michigan Compiled Laws 451-1994-iii-4-6-off-road-recrea Part 811 Off-road Recreation Vehicles (324.81101...324.81151)

• Section 324.81101 Definitions.
  As used in this part: (a) "Alcoholic liquor" means that term as defined in section 1d of the Michigan vehicle code, 1949 PA 300,...
• Section 324.81102 Repealed. 2013, Act 119, Imd. Eff. Sept. 25, 2013.
  Compiler's Notes: The repealed section pertained to vehicles exempt from licensure requirements.
• Section 324.81103 Orv; Certificate Of Title Generally.
  (1) After April 1, 1991, every ORV sold by a dealer to a retail purchaser shall be subject to the certificate of title provisions...
• Section 324.81104 Application For Title To Orv Under Code.
  The owner of an ORV that has been and is titled under this part may, if the ORV is otherwise eligible, apply for a...
• Section 324.81105 Orv; Sale Or Assignment Of Ownership; Purchase Or Acquisition; Requirements.
  After an ORV has been titled under this part, both of the following shall occur: (a) The owner, except as provided in section 81104,...
• Section 324.81106 Orv Exempt From Mcl 257.1101 To 257.1133 And Mcl 500.3101 To 500.3179.
  An ORV is exempt from the motor vehicle accident claims act, Act No. 198 of the Public Acts of 1965, being sections 257.1101 to...
• Section 324.81107 Manufacturer's Certificate Of Origin.
  (1) A person shall not sell or otherwise transfer an ORV to a dealer, to be used by the dealer for purposes of display...
• Section 324.81108 Application For Orv Certificate Of Title; Form; Contents; Security Agreement; Perfection Of Security Interest; Priority.
  (1) An application for an ORV certificate of title shall be on a form prescribed by the department of state. The application shall include...
• Section 324.81109 Making Application To Department Of State For Issuance Of Orv Certificate Of Title.
  (1) The purchaser or other transferee of an ORV subject to the titling provisions of this part shall, except as provided in subsection (2),...
• Section 324.81110 Fee For Processing Application For Orv Certificate Of Title.
  (1) The department of state shall charge a fee of $11.00 for processing an application for an ORV certificate of title or a duplicate...
• Section 324.81111 Refusal To Issue Orv Certificate Of Title; Grounds; Issuance And Delivery; Requiring Certification Of Ownership.
  (1) The department of state may refuse to issue an original or duplicate ORV certificate of title if any of the following occur: (a)...
• Section 324.81112 Manufacturing Requirements For Orv Certificate Of Title; Uniform Method Of Numbering; Contents; Prohibited Acts; Penalties.
  (1) An ORV certificate of title shall be manufactured in a manner to prevent as nearly as possible the reproduction, alteration, counterfeiting, forging, or...
• Section 324.81113 Loss, Mutilation, Or Illegibility Of Orv Certificate; Application For And Issuance Of Duplicate; Legend; Indexes.
  (1) If an ORV certificate of title or duplicate certificate of title is lost or mutilated or becomes illegible, the person entitled to possession...
• Section 324.81114 Records Available To Public; Commercial Lookup Service Of Orv Operation, Title, And Registration; Disposition Of Fees; Computerized Central File; Purging Records; Providing Records To Nongovernmental Person Or Entity; Payment; Admissibility In Evidence.
  (1) The secretary of state shall make available to the public records maintained under this part, other than those declared to be confidential by...
• Section 324.81114a Disclosure Of Personal Information; Uses.
  (1) Except as provided in this section and in section 81114c, personal information in a record maintained under this part shall not be disclosed,...
• Section 324.81114b Resale Or Redisclosure Of Personal Information; Maintenance Of Records; Duration; Availability For Inspection.
  (1) An authorized recipient of personal information under section 81114a may resell or redisclose the information for any use permitted under section 81114a. (2)...
• Section 324.81114c Furnishing List Of Information To Federal, State, Or Local Governmental Agency; Contract For Sale Of Lists Of Records; Surveys, Marketing, And Solicitations; Insertion Of Safeguards In Agreement Or Contract; Resale Or Redisclosure Of Information; Disclosure Of List Based On Orv Operation Or Sanctions To Nongovernmental Agency.
  (1) Upon request, the secretary of state may furnish a list of information from the records of the department maintained under this part to...
• Section 324.81115 Licensing Of Orv Required; Exceptions; Reciprocal Agreement.
  (1) Subject to subsection (2), a person shall not operate an ORV under any of the following conditions unless the ORV is licensed with...
• Section 324.81116 Application For License By Owner Or Dealer Of Orv; Filing; Form; Application Fee; False Information Prohibited; Issuance Of License; Validity; Permit Fees; Purchase And Resale Of Orv Licenses; Refunds; Records; Attachment Of License To Vehicle; License Not Required For Vehicle Used And Stored Outside State; Lost Or Destroyed License.
  (1) The owner of an ORV requiring licensure under this part shall file an application for a license with the department or a dealer...
• Section 324.81117 Off-road Vehicle Account.
  (1) Money in the off-road vehicle account shall be used only for the following: (a) Signage for and improvement, maintenance, and construction of ORV...
• Section 324.81118 Repealed. 2004, Act 587, Eff. Dec. 23, 2006.
  Compiler's Notes: The repealed section pertained to creation of safety education fund.Popular Name: Act 451Popular Name: NREPAPopular Name: Off-Road Vehicle ActPopular Name: ORV
• Section 324.81119 Distribution Of Revenue In Form Of Grants.
  (1) Not less than 50% of the money in the off-road vehicle account shall be distributed each year in the form of grants for...
• Section 324.81120 Prohibited Conduct; Violations As Felony; Penalties.
  (1) A person who makes a false representation or false certification to obtain personal information under this part, or who uses personal information for...
• Section 324.81121 Renting, Leasing, Or Furnishing Orv; Maintaining Safe Operating Condition; Explanation Of Operation; Liability Insurance.
  (1) A dealer shall maintain in safe operating condition an ORV rented, leased, or furnished by the dealer. The dealer, dealer's agents, or employees...
• Section 324.81122 Prohibited Operation Of Unregistered Orv; Permit Not Required; Operator As Prima Facie Negligent.
  (1) A person shall not operate an ORV that is not registered under the code upon a street, county road, or highway, except as...
• Section 324.81123 Comprehensive Plan For Management Of Orv Use Of Certain Areas, Routes, And Trails; Revision; Approval; Designation Of Orv Trails And Areas For Nonconflicting Recreation Trail Use; Designated Scramble Area; Maps Of Trails.
  (1) The department shall, by October 1, 1991, develop a comprehensive plan for the management of ORV use of areas, routes, and trails maintained...
• Section 324.81124 Rules.
  If the department finds that rules are necessary to implement the regulatory provisions of this part or to clarify the intent of this part,...
• Section 324.81125 Repealed. 2003, Act 111, Eff. Oct. 1, 2003.
  Compiler's Notes: The repealed section pertained to ORV trails advisory committee.Popular Name: Act 451Popular Name: NREPAPopular Name: Off-Road Vehicle ActPopular Name: ORV
• Section 324.81126 Applicability Of Mcl 324.81123, 324.81125, And 324.81127 To Upper Peninsula; Upper Peninsula Task Force; Creation; Appointment Of Members; Meetings; Evaluation; Report.
  (1) Except as otherwise provided in sections 81119 and 81125, sections 81123, 81125, and 81127 do not apply to the Upper Peninsula of this...
• Section 324.81127 Comprehensive System; Considerations.
  (1) Under the comprehensive system previously approved and implemented under former section 16d of 1975 PA 319, all state owned land under the jurisdiction...
• Section 324.81128 Repealed. 2013, Act 119, Imd. Eff. Sept. 25, 2013.
  Compiler's Notes: The repealed section pertained to citizens review board.
• Section 324.81129 Operation Of Orv Or Atv By Child; Requirements; Orv Information And Safety Advice; Training Program And Performance Testing; Course Instruction; Orv Safety Certificates; Rules; Exceptions; Report; Additional Requirements.
  (1) Subject to subsections (2), (3), and (17), a parent or legal guardian of a child less than 16 years of age shall not...
• Section 324.81130 Orv Safety Education Course.
  (1) A person who is under 16 years of age, before operating an ATV or ORV, shall complete an ORV safety education course approved...
• Section 324.81131 Ordinance Allowing Disabled Person To Operate Orv; Notice Of Public Hearing; Closure Of County Road To Operation Of Orvs; Operation Of Orvs On Highway; Operation Of Orv With Flow Of Traffic; Maintaining County Road Or Street Or Highway Not Required; Immunity From Tort Liability; "Gross Negligence" Defined; Operator Of Orv As Prima Facie Negligent; Violation As Municipal Civil Infraction; Deposit Of Fines; Violation As State Civil Infraction.
  (1) A municipality may pass an ordinance allowing a permanently disabled person to operate an ORV in that municipality. (2) Subject to subsection (4),...
• Section 324.81132 Rules; Ordinance Enacted Under Authority Of Rule; Enforcement.
  (1) The department may promulgate rules governing the operation and conduct of ORVs, vehicle speed limits, use of vehicles by day and hour, and...
• Section 324.81133 Operation Of Orv; Prohibited Acts; Crash Helmet And Protective Eyewear Required; Exception; Assumption Of Risk.
  (1) An individual shall not operate an ORV: (a) At a rate of speed greater than is reasonable and proper, or in a careless...
• Section 324.81134 Operation Of Or Authorizing Operation Of Orv While Under Influence Of Alcoholic Liquor Or Controlled Substance Prohibited; Visible Impairment; Violation; Penalty; "Serious Impairment Of A Body Function" Defined; Person Less Than 21 Years Of Age; Person Less Than 16 Years Of Age Occupying Orv; Penalties; Costs; Screening, Assessment, And Rehabilitative Services; Duty Of Court Before Accepting Guilty Plea; Record.
  (1) A person shall not operate an ORV if any of the following apply: (a) The person is under the influence of alcoholic liquor...
• Section 324.81135 Repealed. 2014, Act 405, Eff. Mar. 31, 2015.
  Compiler's Notes: The repealed section pertained to operation of ORV by visibly impaired person.Popular Name: Act 451Popular Name: NREPAPopular Name: Off-Road Vehicle ActPopular Name: ORV
• Section 324.81136 Chemical Analysis Of Operator's Blood, Urine, Or Breath; Admissibility; Request For Results Of Test; Taking Sample Of Urine Or Breath; Withdrawing Blood; Liability; Administration Of Tests By Person Of Arrested Person's Own Choosing; Refusal To Take Test; Other Evidence; Jury Instruction; Admissibility Of Blood Withdrawn After Accident; Sample Of Decedent's Blood.
  (1) In a criminal prosecution for violating section 81134 or a local ordinance substantially corresponding to section 81134(1), (3), or (6) or in a...
• Section 324.81137 Implied Consent To Chemical Tests Of Blood, Breath, Or Urine; Exception.
  (1) Except as provided in subsection (2), a person who operates an ORV is considered to have given consent to chemical tests of his...
• Section 324.81138 Chemical Tests; Advising Of Right To Refuse; Court Order; Report.
  (1) A person who is requested pursuant to section 81137(1) to take a chemical test shall be advised of the right to refuse to...
• Section 324.81139 Administrative Hearing; Notice.
  (1) Upon receipt of a report made pursuant to section 81138, the secretary of state shall immediately notify the person in a writing, mailed...
• Section 324.81140 Suspension Of Right To Operate Orv; Appointment Of Hearing Officer; Notice; Powers Of Hearing Officer; Scope And Conduct Of Hearing; Final Decision Or Order; Petition; Review; Order; Record Of Proceedings.
  (1) If a person who refuses to submit to a chemical test under section 81138 does not request an administrative hearing within 14 days...
• Section 324.81140a Suspension Or Revocation Of Operator's Or Chauffeur's License; Operation Of Orv Prohibited; Violation As Misdemeanor; Penalty.
  (1) If the operator's or chauffeur's license of a person who is a resident of this state is suspended or revoked by the secretary...
• Section 324.81140b Final Determination Of Secretary Of State; Petition For Review In Circuit Court; Filing; Order Setting Cause For Hearing; Service On Secretary Of State; Review Of The Record.
  (1) A person who is aggrieved by a final determination of the secretary of state under this part may petition for a review of...
• Section 324.81141 Preliminary Chemical Breath Analysis; Arrest; Admissibility Of Results; Requirements; Civil Infraction; Fine.
  (1) A peace officer who has reasonable cause to believe that a person was operating an ORV and that the person by the consumption...
• Section 324.81142 Operation Of Orv After Right Suspended As Misdemeanor; Penalty.
  A person whose right to operate an ORV has been suspended pursuant to this part and who operates an ORV is guilty of a...
• Section 324.81143 Accident Resulting In Injury, Death, Or Property Damage; Notice; Report; Report By Medical Facility; Collection And Evaluation Of Information; Duties Of Operator.
  (1) The operator of a vehicle involved in an accident resulting in injuries to, or the death of, a person, or resulting in property...
• Section 324.81144 Arrest Without Warrant Of Alleged Operator Of Orv.
  If a peace officer has reasonable cause to believe that a person was, at the time of an accident, the operator of an ORV...
• Section 324.81145 Violations; Appearance Tickets; Prima Facie Evidence Of Operation By Owner.
  (1) Law enforcement officers may issue appearance tickets for violations of this part, pursuant to sections 9a to 9g of chapter 4 of Act...
• Section 324.81146 Failure Or Refusal To Obey Signal Or Request To Stop; Misdemeanor.
  (1) An operator of an ORV, who is given by hand, voice, emergency light, or siren a visual or audible signal by a law...
• Section 324.81147 Violation Of Part As Misdemeanor Or Civil Violation; Penalties; Restoration; Impoundment; Disposition Of Seized Orv Or Personal Property.
  (1) Except as otherwise provided in this part, a person who violates this part is guilty of a misdemeanor punishable by imprisonment for not...
• Section 324.81148 Condemnation Of Orv Unauthorized Where Trespass Is Result Of Emergency.
  A person shall not have an ORV condemned pursuant to section 81147 if the trespass is the result of an emergency situation. History: Add....
• Section 324.81149 Survey To Determine Total Unrefunded Gasoline Sales Tax Money; Report; Recommendations; Budget Requests.
  The department shall conduct a survey to determine the total unrefunded gasoline sales tax money it estimates to have been collected from the sale...
• Section 324.81150 Uniform Interpretation.
  The department shall disseminate information to its field officers and to state and local law enforcement agencies on a uniform interpretation of this part...
• Section 324.81151 Abandonment Of Orv Prohibited; Presumption; Violation; Civil Infraction.
  (1) A person shall not abandon an ORV in this state. (2) The last titled owner of the ORV is presumed to be responsible...

Last modified: October 10, 2016