Michigan Laws 324.72105 – Operating and maintaining trail; agreement; provisions; operation of electric bicycle; requirements; exception; definitions
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Terms Used In Michigan Laws 324.72105
- Council: means a trail management council established pursuant to section 72106. See Michigan Laws 324.72101
- Department: means the department of natural resources. See Michigan Laws 324.72101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Trail: means a right-of-way adapted to foot, horseback, motorized, or other nonmotorized travel. See Michigan Laws 324.72101
(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.