Further Restrictions on ORV Operation

An ORV may not be operated:

• At a rate of speed greater than is reasonable and proper based on existing conditions.
• To hunt, pursue, harass, or attempt to kill a wild or domesticated animal or bird.
• While transporting a strung, uncased bow or an uncased or loaded firearm unless:
  • The firearm is a pistol (concealed or not) and…
  • The person transporting the pistol or carrying a loaded pistol has a Concealed Pistol License or is exempt from the license requirement.
• In a manner that leaves behind litter or debris.
• While transporting any passenger unless the vehicle has been designed by the manufacturer to carry passengers.
• While the operator is under a court suspension of ORV or automobile operating rights.

An ORV may not be operated on a public highway, street, or right-of-way, except:

• To cross a public highway, not a limited access highway, at right angles if the operation can be done safely. The operator must bring the ORV to a complete stop before proceeding across a public highway and must yield the right-of-way to oncoming traffic.
• For ORVs also registered as motor vehicles under the Michigan Vehicle Code.
• In a special event held with a government permit.
• When a farmer, employee, or family member who is at least 16 years old needs to travel to or from the farmer’s residence, work location, or field.
  • If the ORV must travel on a road, it must be kept to the extreme right side and must not interfere with traffic.
  • The ORV may be on the road only during daylight hours (30 minutes after sunrise to 30 minutes before sunset) with normal visibility.
  • A reflective flag at least 12 inches high by 18 inches long must be attached to the ORV. The flag must be placed at least 8 feet above the surface of the road and at least 4 feet above the top of the ORV.

ORVs may be operated on a roadway in accordance with a locally enacted ordinance. ORV riders are encouraged to contact the appropriate local political subdivision to obtain ordinance specifics.

ORV Renter/Rental Requirements

A dealer who is renting or leasing an ORV to an individual must:

• Maintain the ORV in a safe operating condition.
• Explain to the renter how the ORV operates.
• Refuse to rent the ORV to any person who the dealer believes is not competent to operate safely.
• Have liability insurance as required by Michigan law or obtain proof from the renter that the renter has such liability insurance.

Accidents

• The operator of an ORV involved in an accident resulting in death or injury to a person must stop immediately at the scene and secure medical aid or transportation.
• The operator of an ORV involved in an accident resulting in injury to a person, death, or estimated property damage of $100.00 or more must immediately notify the State Police or Sheriff’s office of the county in which the accident occurred and complete an accident report.

Penalties

• Criminal penalties range from a misdemeanor to a felony. Civil penalties can range up to $500.
• Persons may be held responsible for ecological damage caused by their ORV and ordered to restore damaged property to the original condition.
• Additional penalties for operating an ORV under the influence of alcohol or controlled substances can be imposed and are more severe.
• A person convicted of manslaughter, negligent homicide, or a felony resulting from off-road vehicle operation will have six points assessed against his or her driver’s license.
• Serious criminal violations also may result in seizure and condemnation of the ORV.

Alcohol

ORV riding, like any other activity involving a motor vehicle, demands the full attention of the operator. This is reflected in the rules regarding alcohol use while operating an ORV, which are virtually identical to the laws regarding alcohol in the motor vehicle code.

• Open containers of alcoholic beverages may not be transported in or upon an ORV unless in a trunk or compartment separate from the passenger compartment of the vehicle.
• An ORV operator is considered to have given implied consent to chemical tests of blood, breath, or urine for blood alcohol levels.
• A statutory presumption of intoxication exists for a person with a blood alcohol level of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
• A person who operates an off-road vehicle in Michigan either while under the influence of alcohol or a controlled substance or with an unlawful blood alcohol content and who causes a serious impairment of a body function of another person is guilty of a felony.
• A person convicted of operating an off-road vehicle either while under the influence of alcohol or a controlled substance or with an unlawful blood alcohol content will have six points assessed against his or her driver’s license. A person convicted of operating an off-road vehicle while visibly impaired will have four points assessed against his or her driver’s license.

Local Ordinances

The state of Michigan, cities, towns, and villages may regulate ORV operation (including hours, trail temperature/condition restrictions, and times of the year) on ORV trails or routes by creating local laws. The ordinances must be on file with the DNRE. Check locally for the specific laws.

If Your Operator’s or Chauffeur’s License is Suspended or Revoked

You may not operate an ORV if:

• You are a resident of the state and your license is suspended or revoked by the Secretary of State under the Michigan vehicle code: 1949 PA 300, MCL 257.1 to 257.923.
• You are a nonresident and your license is suspended or revoked under the law of the state in which you reside.

Operating an ORV at any time while your license is suspended or revoked is a misdemeanor violation, and you may be penalized.