Section 324.72105 Operating and Maintaining Trail; Agreement; Provisions; Operation of Electric Bicycle; Requirements; Exception; Definitions.

MI Comp L § 324.72105 (2019) (N/A)
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Sec. 72105.

(1) The department may operate and maintain a trail that is located on state owned land or may enter into an agreement with a council or 1 or more governmental agencies to provide for the operation and maintenance of the trail. An agreement entered into under this subsection may include provisions for any of the following:

(a) Construction, maintenance, and operation of the trail, including amenities related to trail usage such as connectors and access to rest areas, lodging, and eating facilities, as well as park benches and signage.

(b) Enforcement of trail rules and regulations including permitted uses of the trail.

(c) Other provisions consistent with this part.

(2) All of the following apply to the operation of an electric bicycle on a trail subject to this part:

(a) An individual may operate a class 1 electric bicycle on a linear trail that has an asphalt, crushed limestone, or similar surface, or a rail trail. A local authority or agency of this state having jurisdiction over a trail described in this subdivision may regulate or prohibit the operation of a class 1 electric bicycle on that trail.

(b) An individual may operate a class 2 or class 3 electric bicycle on a linear trail that has an asphalt, crushed limestone, or similar surface, or a rail trail if authorized by the local authority or agency of this state having jurisdiction over the trail.

(c) Except as otherwise provided in this subdivision, an individual shall not operate an electric bicycle on a trail that is specifically designated as nonmotorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surfacing materials. A local authority or agency of this state having jurisdiction over a trail described in this subdivision may allow the operation of an electric bicycle on that trail.

(3) Subsection (2) does not apply to the use of electric bicycles on a congressionally authorized public trail system.

(4) As used in this section, "electric bicycle", "class 1 electric bicycle", "class 2 electric bicycle", and "class 3 electric bicycle" mean those terms as defined in section 13e of the Michigan vehicle code, 1949 PA 300, MCL 257.13e.

History: Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 2014, Act 212, Eff. Sept. 25, 2014 ;-- Am. 2017, Act 138, Eff. Jan. 28, 2018 ;-- Am. 2018, Act 69, Eff. June 17, 2018 Popular Name: Act 451Popular Name: NREPA