Michigan

Recent Legislative Action

2009

HB5005, HB5006, HB5007, HB5008: Prohibits a person from operating an ORV or snowmobile with a bodily alcohol level of 0.08 grams or any bodily amount of a Schedule 1 controlled substance or cocaine; increase the length of a license suspension for refusing to submit to a chemical test; and allow for enhanced penalties for multiple violations occurring within any number of years. (9/17/09: Referred to Committee on Tourism, Outdoor Recreation and Natural Resources)

2007

HB4789, HB4794, HB4795 & HB4813: Prohibits operation of ORVs, snowmobiles or watercraft with blood alcohol contents of 0.08 or higher; allows for enhanced, tiered penalties for violators (6/13/07: Passed House, sent to Senate)

Community Voices Demand Action in Michigan

Michiganders are increasingly voicing their concerns about a growing contingent of reckless riders who break the law, damage public and private land, injure themselves and others, and ruin hunting, fishing and hiking experiences for the rest of us.

• "Those who live here have long wrestled with noise and trespassing issues related to snowmobiles. But over the years concerns have faded significantly as enforcement was ramped up and a "do no harm" ethos took root in the snowmobile community. ORV users and county officials can learn a lot from the way snowmobile riders have adapted. If they do, the growth in ORV use will be a lot more palatable for everyone." -- The Traverse City Record-Eagle Editorial Board, "ORV users must learn snowmobilers' lessons", The Traverse City Record-Eagle (2/22/09)

• "Illegal off-road OHV use and resource damage have increased on the Hiawatha. While responsible users make an effort to learn and follow the rules, some OHV users do not make the effort. Erosion, water degradation, habitat destruction, damage to cultural sites and conflicts between users are commonly the result." -- U.S. Forest Service unit - Hiawatha National Forest, "Using Your OHV on National Forest Land During Hunting Season", Press Release (10/2/08)

• "At Glen Canyon National Recreation Area, we got approval from the U.S. Attorney and the district court to confiscate a vehicle until disposition of the case...Once word gets around (that you can lose your ORV) it helps future cases. In Utah, they confiscated a couple of vehicles and word traveled fast. They now have fewer problems." -- Jerry Case, the chief of regulations for the National Park Service in Washington D.C, "Putting brakes on illegal ORVs", Grand Rapid Press (6/13/08)

• "Since 2000, we have had almost 500 incidents of people driving off-road illegally that we have documented." -- Tom Ulrich, Assistant Superintendent, Sleeping Bear Dunes National Lakeshore, "Park to target illegal ORV use", Leelanau Enterprise (6/2/08)

• “I have property up here because of the peace and quiet. They are cutting trees, trespassing on adjacent property and driving the wildlife away.” -- Dean Kusiak, property owner, "Neighbors, developer spar over Motomania", The Claire County Revie (4/9/10)

• "Wheeling illegally is not a good practice ... you guys give the off road community a bad name and we all suffer." --  Northville High School Off Road Club, "Off-roaders told property is off-limits", Detroit Free Press (7/18/10)

• "Some riders just can't resist the temptation to test their machines by climbing hills. This activity is okay if done in a designated riding area or trail where the impacts can be monitored and managed, but it is illegal otherwise. Illegal hill climbs create ugly scars and erosion on the forest landscape and can jeopardize future legal riding  opportunities on public lands." -- Steve Kubisiak, recreation and trails program coordinator for the Michigan Department of Natural Resources, "DNR promotes safe use of ORV trail system", The County Press (10/29/09)

• "The park service said: 'Yeah, we need to do a better job of getting the word out to the public and park managers that this is a serious problem and  needs to be addressed,' " said Larry Johnson, chief ranger for Sleeping Bear Dunes National Lakeshore. "We have been concerned about it here, but it hasn't been our highest priority. If we catch people doing it, we deal with them, but we don't have the resources to deal with every set of tracks that goes into the woods." -- Larry Johnson, Chief Ranger for Sleeping Bear Dunes National Lakeshore, "Putting brakes on illegal ORVs; National Park Service needs enforcement help", Grand Rapid Press (6/13/08)

• "The ORV community must step forward and make it clear that illegal ORV use not only hurts the enviroment but harms the reputation of legal users and threatens the future of legal ORV use in Michigan," said a recent open letter to ORVers from the state Natural Resources Commission and Department of Natural Resources.-- State Natural Resources Commission and Department of Natural Resources, "Increasing environmental damage prompts DNR action", Flint Journal (2/21/08)

Examples of Recent ORV-Related Law Enforcement Activity

Source: United States Forest Service

2008

• Hiawatha NF - An LEO discovered that a cabin had been constructed and maintained on the Forest. Fifteen violations were identified including ATV trails created, two bridges built across streams, permanent deer hunting blinds constructed, orchards planted, and dumpsites. The related fines have been paid and the site has been cleaned up. The cabin and well encroachment are being reviewed at the administration level at this time.

• Huron-Manistee NF - The Forest has seen a recent increase in illegal full-size trucks and jeeps disturbing wetland areas. The vehicles are believed to be part of an organized group of riders. LEO's increased patrol efforts this past weekend in an attempt to curb their activity and prevent resource damage. LEO's will continue to monitor their activity in cooperation with SD and Michigan DNR personnel.

• Huron-Manistee NF - An LEO responded to a complaint of rowdy individuals who had breached a closure area along the White River. Citations were issued for operating motor vehicles and camping in a closed area. Restitution will be pursued for resource damage and destruction of the barriers.

• Ottawa NF - On 7/5, LEI and Michigan DNR personnel conducted an ATV patrol on the Watersmeet and Bessemer RD's. Violations addressed included no registration, no helmets, illegal cross-country use, careless operation, and fishing without licenses.

• Ottawa NF - On 6/21, an LEO saw a 12 year-old child riding an ATV without adult supervision. State law requires adult supervision for riders under the age of 16. The LEO followed him to his cabin where his father was informed of the laws requiring supervision. The father was given a warning. On 7/4, the LEO saw a 14 year-old boy riding an ATV without adult supervision in the same area and discovered the rider was the older son of the father involved in the earlier incident. Violation notices were issued to the father.

Recent ORV-Related Media Coverage