DEPARTMENT OF LABOR AND ECONOMIC GROWTH
SKI AREA SAFETY BOARD
Filed with the Secretary of State on September 25, 2008
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
(By authority conferred on the director of the department of labor and economic growth by section 6 of 1962 PA 199, and Executive Reorganization Order Nos. 1996-2, and 2003-1, MCL 408.326, MCL 445.2001 and MCL 445.2011)
R 408.62 is added to the Michigan Administrative Code as follows:
R 408.62 Motorized vehicle use policy. Rule 2.
(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.” 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.
(c) Prohibit the use of privately owned motorized vehicles in areas open to skiers.
(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.