R408.62 Motorized Vehicle Use Policy

2008 AMENDMENT TO THE
SKI AREA SAFETY BOARD’S
GENERAL RULES

September 25, 2008

{ Web Site Editor’s Note: The following amendment to the Michigan Ski Area Safety Board’s General Rules became effective today. Highlighting and bold font added for emphasis. This web page is intended for use by members of the National Ski Patrol. Inquiries regarding this web site should be sent to Larry Klose, lklose@charter.net. Inquires regarding the rule should be sent to the Michigan Ski Area Safety Board. }

R 408.62 Motorized vehicle use policy.

(1) Ski area operators shall comply with all of the following with regard to the use of motorized vehicles on ski slopes, runs or trails open to the public:

(a) Ski areas shall have a written policy that addresses all of the following:

(i) The training required for anyone to operate an authorized vehicle on open ski slopes, runs, or trails. The training program shall be developed in consultation with the National Ski Areas Association’s publication entitled “Snowmobile Operations Resource Guide, December 2005, [Item #3955].” The publication is available for purchase from the National Ski Areas Association, Member Services, 133 S. Van Gordon Street, Suite 300, Lakewood, CO 60226, Phone: (303) 987-1111, at a price of $10.00 for members or $50.00 for non-members. The publication may be viewed by appointment at the offices of the Bureau of Commercial Services, 2501 Woodlake Circle, Okemos, Michigan 48864, Phone: (517) 241-9228.

(ii) The recommended routes for motorized vehicles to follow when used on open ski slopes, runs, or trails.

(iii) The circumstances under which a motorized vehicle may be used on open ski slopes, runs, or trails.

(iv) The circumstances under which the alarm required in subrule (2)(d) of this rule must be utilized.

(b) Report to the department within 24 hours any injury or fatality involving a motorized vehicle on a ski slope, run, or trail.

(2) Motorized vehicles operated on ski slopes, runs, or trails that are open to the public shall be equipped with all of the following:

(a) Lights and brakes as required pursuant to MCL 324.82122.

(b) For vehicles measuring less than 6 feet in height above the snow, a florescent flag measuring at least 40 square inches mounted at least 6 feet above the bottom of the tracks and visible from 360 degrees.

(c) A flashing or rotating red light conspicuously located on the vehicle, which must be operated while the vehicle is moving in the vicinity of a ski slope, run, or trail.

(d) An audible alarm capable of producing a minimum warning sound of 85 decibels to alert skiers or bystanders.

(3) Operators of motorized vehicles on ski slopes, runs, or trails shall comply with the following:

(a) Operate a vehicle at a rate of speed not greater than is reasonable for the conditions and as required pursuant to MCL 324.82126a and MCL 324.82126b.

(b) Be at least 18 years of age, possess a valid driver’s license, and have completed mandatory training provided by the ski area that includes the safe use of motorized vehicles on ski slopes, runs, or trails when skiers are present, as established in the written policy required in rule 408.62(1)(a).

(c) Whenever possible, a vehicle operated on ski slopes, runs, or trails shall give skiers and pedestrians the right-of-way.

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MICHIGAN COMPILED LAW
Natural Resources And Environmental Protection Act (Excerpt)

MCL 324.82122 Lights and brakes; minimum safety standards; certification as proof of compliance.

(1) A snowmobile shall not be operated unless it has at least 1 headlight, 1 taillight, and adequate brakes capable, while the snowmobile travels on packed snow and carries an operator who weighs 175 pounds or more, of stopping the snowmobile in not more than 40 feet from an initial steady speed of 20 miles per hour or of locking the snowmobile's traction belt or belts.

(2) A person shall not sell or offer to sell in this state a snowmobile manufactured after July 1, 1978, unless it meets the minimum safety standards for snowmobile product certification of the snowmobile safety and certification committee's November 23, 1976, volume 3, safety standards for snowmobiles for product certification, including detailed standard supplement and test specifications and procedures, covering machine sound levels, seats, controls, brake systems, fuel systems, shields and guards, electrical systems and lighting, reflectors, handgrips, and general hazard requirements. Proof of compliance with this section shall be in the form of certification by a qualified independent testing company that is not affiliated with the manufacturer and is approved by the department.

History: Act 451 of 1994; Add. 1995, Act 58, Imd. Eff. May 24, 1995

MCL 324.82126a Operation of snowmobile; prohibited conduct; violation as civil infraction.

(1) A person shall not operate a snowmobile upon a highway, public trail, frozen surface of a public lake, stream, river, pond, or another public place, including but not limited to an area designated for the parking of snowmobiles or other motor vehicles, in a careless or negligent manner likely to endanger any person or property.

(2) A person who violates subsection (1) is responsible for a state civil infraction.

History: Add. 1998, Act 461, Eff. Mar. 23, 1999

MCL 324.82126b Operation of snowmobile; prohibited conduct; violation as misdemeanor; penalty.

(1) A person shall not operate a snowmobile upon a highway, public trail, frozen surface of a public lake, stream, river, pond, or another public place, including, but not limited to, an area designated for the parking of snowmobiles or other motor vehicles, in willful or wanton disregard for the safety of persons or property.

(2) A person who violates subsection (1) is guilty of a misdemeanor punishable by a fine of not more than $250.00.

History: Add. 1998, Act 461, Eff. Mar. 23, 1999