It's the Law—Riding Your ORV

Accidents

The operator of an ORV involved in an accident resulting in injury to a person must stop immediately at the scene and render assistance.

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 damage caused by their ORV and ordered to restore such 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 6 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.

Sound Emission Regulations

Excessive noise is a common complaint made against ORV users.

• All ORVs must have, in good working condition and in constant use, a muffler that will meet or exceed all sound emission standards set by state law.
• Exhaust noise must not exceed 99 dB(A)—or 94 dB(A) on vehicles manufactured after January 1, 1986—when tested according to the provisions of the SAE J1287 test. (Refer to the manufacturer's documentation.)
• Users should replace all worn or damaged exhaust systems with a quality muffler.
• Motocross motorcycles are designed for closed course competition and not for recreational riding. These vehicles must be modified before being operated on public trails, routes, or land.