This was in the recent MiTRALE newsletter and I thought it worth sharing..
From The Desk of a Michigan Conservation Officer
The ORV Trespass Problem
One of the largest complaints related to ORV use in the state of Michigan has to do with trespassing. Whether accidental or intentional, law enforcement across the state has spent countless hours responding and following up on ORVs illegally operating upon lands of another person.
When the current ORV Act was written in 1995, there were multiple parts of the statute that were put in place to curb trespassing behavior. The law is unlike any trespassing law in Michigan. It requires the operator to possess written permission if they are on lands of another. Further, if a property owner confronts the operator and asks you stop and identify yourself - the operator is legally bound to do so. Failing to comply with either law is an arrestable 90-day misdemeanor in Michigan. It should be noted that there is no requirement that law enforcement provide a warning, nor is there anything requiring the property owner to post or fence the property. The responsibility is on the rider to know exactly where they are, at all times.
With the ORV sport booming, more and more people are buying machines and heading out to ride. If you’re over 16 years of age, nothing in the state requires you to take an ORV Safety Course, so it’s up to the new user to take the initiative to learn the laws and where to ride on their own. I would be willing to bet not many do.
During my time as a conservation officer in the northern lower peninsula, I’ve responded to more ORV trespass complaints than any other complaint involving the sport. I’m reminded of a spot along a state designated ORV route that is owned by an individual plagued with constant ORV and snowmobile trespass issues. From the state trail you can see a sandy hill on his property that has significant erosion issues because of ORVs. The property is posted as private property and has no trespassing signs conspicuously placed along the perimeter. The owner has taken the effort to bulldoze a berm and place stumps parallel to the trail to keep machines out. No matter what he did, people still took it upon themselves to leave the trail and climb the hill. In an effort to help him, I personally went out and pounded in the red crinite signs that the state uses that say “No ORVs” in an effort to support him with state signage. The signs didn’t make it through the first weekend before they came up missing.
While working the Saturday of Memorial weekend one year, I ended up conducting surveillance in the afternoon to enforce trespass at the site. In an hour I wrote over ten tickets – this was only writing the lead operator of the groups that trespassed. People were mad at me when they found out they were receiving a ticket. I vividly remember one gentleman telling me that if the person didn’t want anyone on his property, then he should fence it and place barbed wire on top-an illogical proposal when the property owner has 120 acres of wooded land. The notable thing is that during that hour working the site, not a single group passed by without stopping to climb the hill.
30
It seems we have a societal change in mentality when it comes to the sport of recreation. To me, trespassing on land that does not belong to you is one of the most egregious things you can do as a sportsman. It shows a complete lack of respect for what others have worked for and earned in their life. Without a doubt the ORV laws can be confusing when it comes to where you can ride in relation to trails, county roads, forest roads, etc. There should be nothing confusing about operating on someone’s property though. It should go without saying to not leave the designated trail system unless you know for a fact that you are allowed to operate there.
I would urge every instructor to push the importance of ORV trespass in their classes. Let the new riders know how strict the law is and that they are liable for any damage that occurs if they operate on someone else’s property without permission. If you are not a property owner with this problem or a law enforcement officer responding to the complaint, most people have no idea how prevalent this problem is. We must take every opportunity to influence riding behavior before more restrictions are placed on the sport.
Cpl. Mike Hearn
From The Desk of a Michigan Conservation Officer
The ORV Trespass Problem
One of the largest complaints related to ORV use in the state of Michigan has to do with trespassing. Whether accidental or intentional, law enforcement across the state has spent countless hours responding and following up on ORVs illegally operating upon lands of another person.
When the current ORV Act was written in 1995, there were multiple parts of the statute that were put in place to curb trespassing behavior. The law is unlike any trespassing law in Michigan. It requires the operator to possess written permission if they are on lands of another. Further, if a property owner confronts the operator and asks you stop and identify yourself - the operator is legally bound to do so. Failing to comply with either law is an arrestable 90-day misdemeanor in Michigan. It should be noted that there is no requirement that law enforcement provide a warning, nor is there anything requiring the property owner to post or fence the property. The responsibility is on the rider to know exactly where they are, at all times.
With the ORV sport booming, more and more people are buying machines and heading out to ride. If you’re over 16 years of age, nothing in the state requires you to take an ORV Safety Course, so it’s up to the new user to take the initiative to learn the laws and where to ride on their own. I would be willing to bet not many do.
During my time as a conservation officer in the northern lower peninsula, I’ve responded to more ORV trespass complaints than any other complaint involving the sport. I’m reminded of a spot along a state designated ORV route that is owned by an individual plagued with constant ORV and snowmobile trespass issues. From the state trail you can see a sandy hill on his property that has significant erosion issues because of ORVs. The property is posted as private property and has no trespassing signs conspicuously placed along the perimeter. The owner has taken the effort to bulldoze a berm and place stumps parallel to the trail to keep machines out. No matter what he did, people still took it upon themselves to leave the trail and climb the hill. In an effort to help him, I personally went out and pounded in the red crinite signs that the state uses that say “No ORVs” in an effort to support him with state signage. The signs didn’t make it through the first weekend before they came up missing.
While working the Saturday of Memorial weekend one year, I ended up conducting surveillance in the afternoon to enforce trespass at the site. In an hour I wrote over ten tickets – this was only writing the lead operator of the groups that trespassed. People were mad at me when they found out they were receiving a ticket. I vividly remember one gentleman telling me that if the person didn’t want anyone on his property, then he should fence it and place barbed wire on top-an illogical proposal when the property owner has 120 acres of wooded land. The notable thing is that during that hour working the site, not a single group passed by without stopping to climb the hill.
30
It seems we have a societal change in mentality when it comes to the sport of recreation. To me, trespassing on land that does not belong to you is one of the most egregious things you can do as a sportsman. It shows a complete lack of respect for what others have worked for and earned in their life. Without a doubt the ORV laws can be confusing when it comes to where you can ride in relation to trails, county roads, forest roads, etc. There should be nothing confusing about operating on someone’s property though. It should go without saying to not leave the designated trail system unless you know for a fact that you are allowed to operate there.
I would urge every instructor to push the importance of ORV trespass in their classes. Let the new riders know how strict the law is and that they are liable for any damage that occurs if they operate on someone else’s property without permission. If you are not a property owner with this problem or a law enforcement officer responding to the complaint, most people have no idea how prevalent this problem is. We must take every opportunity to influence riding behavior before more restrictions are placed on the sport.
Cpl. Mike Hearn