POLICY AND PROCEDURES MANUAL ORV Safety … AND PROCEDURES MANUAL ORV Safety Education...

POLICY AND PROCEDURES MANUAL

ORV Safety Education

INDEX

Policy # Heading

1 INSTRUCTOR ACKNOWLEDGEMENT 2 RECINDED 3 ORV SAFETY EDUCATION POLICY 4 OBJECTIVES OF THE SAFETY EDUCATION PROGRAM 5 PREFACE 6 MISSION STATEMENT 7 GOAL OF THE ORV EDUCATION PROGRAM 8 DEPARTMENT ORV PROGRAM RESPONSIBILITIES 9 HISTORY 10 FUNDING OF THE ORV EDUCATION PROGRAM 11 ROLE OF THE VOLUNTEER INSTRUCTOR 12 VOLUNTEER INSTRUCTOR MOTIVATION 13 WHY VOLUNTEER ARE VITAL 14 TYPES OF ORV VOLUNTEER INSTRUCTORS 15 OHV SAFETY EDUCATION CERTIFICATION 16 INSTRUCTOR CERTIFICATION 17 INSTRUCTOR ACADEMY & TRAINING 18 INSTRUCTOR CONDUCT 19 INSTRUCTOR ATTIRE & DRESS CODE 20 ORV SAFETY EDUCATION COURSE REQUIREMENTS 21 RECOMMENDED ORV SAFETY EDUCATION CLASS OUTLINE 22 INSTRUCTOR TO STUDENT NUMBER RATIO 23 "OPEN vs. CLOSED" CLASSES DEFINED. 24 MATERIAL ORDERS & CLASS NOTIFICATIONS 25 STUDENT CONDUCT & DISCIPLINE 26 AGE & CERTIFICATION OF STUDENTS 27 STUDENT TESTING & CERTIFICATION 28 INTERRELATIONSHIP BETWEEN CONSERVATION OFFICERS AND INSTRUCTORS 29 ACCIDENT REPORTING 30 DISCRIMINATION AND DISCRIMINATORY HARASSMENT 31 CLASS/INSTRUCTOR AUDIT 32 REVOCATION OF INSTRUCTOR CERTIFICATION 33 VOLUNTEER RIGHTS & LIABILITY PROTECTION 34 EQUAL OPPORTUNITY REQUIREMENTS 35 VOLUNTEER INSTRUCTOR COMPENSATION 36 COURSE FEES, RECORDING KEEPING, TRAINING LOCATIONS AND REPORT SUBMISSION 37 ORV EDUCATION ADVISORY COMMITTEE 38 ORV EDUCATION ADVISORY COMMITTEE MEMBERSHIP 39 ARGO AND UTV'S 40 DEFINITIONS NOT IN STATUTE

APPENDIX A INSTRUCTOR EXPENSE REPORT FOR CLASS FEES APPENDIX B COMPLETING THE RECREATIONAL SAFETY EDUCATION STUDENT PARTICIPATION RECORD APPENDIX C COMPLETING THE INSTRUCTOR SUMMARY FORM APPENDIX D GOVERNMENT LIABILITY FOR NEGLIGENCE APPENDIX E PUBLIC INCIDENT REPORT APPENDIX F TRAVEL EXPENSE REIMBURSEMENT REQUEST FORM

POLICY AND PROCEDURES MANUAL ORV Safety Education

Revised/Issued: February, 2011 Page 1 of 1 No. 1

INSTRUCTOR ACKNOWLEDGMENT All ORV Safety Education Instructors are required to sign and date this document in which the instructor acknowledges they have received the Policy and Procedure that outlines Michigan’s ORV Safety Education program. Instructors are required to review, understand and comply the ORV Safety Education Policy and Procedure in it’s entirety. Instructors may not conduct classes until this signed acknowledgement has been received by the department.

This signed acknowledgement must be returned to the Michigan DNR Office Marketing & Outreach Division within 30 days after receipt of this Policy and Procedure or your training credential shall be revoked.

I,_(print name) , understand and agree to follow the guidelines provided within this Policy and Procedure.

Signature: Instructor #: Date: Mail To: Michigan Department of Natural Resources Recreational Safety, Education & Enforcement 525 W. Allegan Street, 4N PO Box 30031 Lansing, MI 48909-9727


Revised/Issued: May, 2013 Page 1 of 1 No. 2

RECINDED



ORV SAFETY EDUCATION POLICY This Policy and Procedure manual specifically applies to the Michigan ORV Safety Education Program which is administered by the Michigan Department of Natural Resources-Law Enforcement Division and the Marketing & Outreach Division

Certified Volunteer ORV Safety Education Instructors will be, from this point on in this Policy and Procedure, referred to as “Instructors”.

Failure or refusal to comply with this policy, or submitting false information, may result in immediate suspension and/or revocation of instructor certification credentials.



OBJECTIVES OF THE ORV SAFETY EDUCATION PROGRAM It is the goal of the DNR to provide quality ORV safety education instruction with state wide consistency. The ORV safety education programs objective is to teach operators to be safe and knowledgeable in ORV recreation with concern for the environment and respect for others.



PREFACE This policy and procedures manual is for the use of certified ORV safety instructors and does not apply in any criminal or civil proceeding. Policies and procedures herein should not be construed as creation of a higher legal standard of safety or care in an evidentiary sense with respect to third party claims. Violations of these policies and procedures will be the basis upon which volunteers face administrative sanctions. Violations of law will form the basis for civil and criminal sanctions in a recognized judicial setting.

The Michigan DNR relies heavily on its volunteer instructors, without whom there would be no program. Thank you for your dedicated involvement and valuable assistance.



MISSION STATEMENT To educate and develop safe, knowledgeable and responsible ORV owners and operators.



GOAL OF THE ORV EDUCATION PROGRAM The goal of the ORV Safety Education Program is to educate and develop safe, knowledgeable and responsible ORV owners and operators. To this end, the DNR will strive to recruit the most qualified volunteer instructors available and provide them with the materials and academic training necessary to conduct standardized ORV Safety Education courses. Further, the ORV education program will strive to inform all citizens of the interrelationship between trail management, various user groups and responsible/ethical operating practices.



DEPARTMENT ORV PROGRAM RESPONSIBILITIES The Michigan DNR-Law Enforcement Division (LED), Recreational Safety Section is responsible for the administration of the ORV Safety Education program content, instructor training, class audits and complaint investigation. The appropriate Lansing telephone number is 517-284-6055.

The Michigan DNR-Law Enforcement Division (LED), Recreational Safety Section is responsible for the administration of ORV class announcements, material dissemination, record keeping, student and instructor certificates and the instructor secure website. The appropriate Lansing telephone number is 517-284-6055. The Michigan DNR- Parks and Recreation Division (PRD) – Trails Section is responsible for the designation, routing, marking, maintenance and mapping of over 3500 miles of state designated ORV trails , routes, and use areas. This is frequently accomplished through grant partnerships with non-profit clubs and public agencies. The appropriate Lansing telephone number is 517-284-6107.

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HISTORY ORV safety education was transferred to the DNR from the Department of Education in Public Act 11 of 2003 after which the DNR initiated minimum requirements/procedures to become an ORV Instructor:

Shortly after the program was transferred to the DNR, the ORV Advisory Committee formed an ORV education workgroup which, in 2005, made several recommendations pertaining to the ORV education program. The workgroup made the following recommendations pertaining to instructor training and qualifications which are:

To accomplish training for instructors, the workgroup determined an instructor academy should be created to provide the best training available, with upgrades and expansions occurring as the program develops.

The instructor selection process was also addressed, and the workgroup has developed the following process:

1. The instructor candidate makes application to the department by completing an instructor application form (PR9186).

2. The department provides the applicant with an ORV Student Manual and comprehensive written examination (to be developed by the workgroup).

3. The Department completes a background investigation on the applicant according to Michigan criminal Justice Information System (CJIS) and National Crime Information Center (NCIC) policies and rules.

4. If the examination and background check are acceptable, the applicant is advised of training date and location for the ORV Instructor Academy.

5. Upon successful completion of the ORV instructor academy, the applicant becomes certified as a Michigan ORV Safety Instructor.

The ORV Instructor Academy shall, as determined by the workgroup, consist of the following:

1. Classroom – Day 1 a. Curriculum familiarization b. Learning modalities and teaching

2. Hands-on Operation – Day 2 a. ORV Familiarization on range b. Riding course to provide safe riding experience

3. Cumulative examination (written and riding) 4. Teach first class with an experienced instructor/mentor 5. Teach a second class with an experienced instructor/mentor

a. Instructor/mentor signs the applicant’s instructor card b. Applicant is now a Michigan ORV Safety Instructor



HISTORY (CONT.) From 2005-2009, the DNR had experienced revolving personnel issues which resulted in the ORV Education Workgroup recommendations never being implemented. In 2009, based on the demands of the ORV Advisory Committee, the Department funded a position; the ORV & Snowmobile Safety Education Field Coordinator, with exclusive responsibilities focused on the ORV and Snowmobile Safety Education programs.

In addition to the Education Workgroup recommendations, the new coordinator was advised of multiple concerns that required attention. Concerns of significance involved; lack of instructor guidance through policy and procedure, situations of existing Instructor incompetence, Instructor to student class size ratios, lack of program consistency at a statewide level, potential abuse/misuse of class fees, volunteer instructor involvement for monetary gain, lack of winching and recovery safety information, lack of motorcycle operational safety information, and student age issues.

This Policy and Procedure shall provide volunteer instructors with guidance for the administration and implementation of the ORV Safety Education Program.



FUNDING OF ORV EDUCATION PROGRAM

All funds for the ORV Safety Education program are drawn from a portion of the fee that is charged for each ORV decal. MCL 324.81117(f), specifies that one dollar from each fee (ORV decal) collected be utilized for the program.

Monies collected for the program are used for printing course materials such as student and instructor manuals, tests, bubble sheets, safety certificates, power point CD’s, equipment for the instructor academy, ORV brochures, and administrative costs of operating and monitoring the program. Agencies and schools that teach the program may also receive grant funding drawn from this fee.



ROLE OF THE VOLUNTEER INSTRUCTOR Volunteers are necessary, effective and are a critically important resource to the people and to the DNR. The uniqueness and value of volunteers in getting things done is widely acknowledged by society, and these contributions are not overlooked by the Department. Volunteer ORV education instructors provide valuable training services in their communities and present a strong, positive force which can help neighbors and fellow citizens better understand the importance of ORV safety education.



VOLUNTEER INSTRUCTOR MOTIVATION Each volunteer is unique. There are many reasons people volunteer to participate in the ORV Education program - an interest in promoting the safe and responsible behavior of operators, personal fulfillment, prestige, or simply, good citizenship. Law Enforcement Division recognizes the strength of a highly motivated instructional team, and will strive to provide all instructors with the highest degree and quality of support to maintain an efficient and effective volunteer force.



WHY VOLUNTEERS ARE VITAL 1. Why does the DNR need volunteer ORV education instructors?

a. Volunteers can provide skills or expertise otherwise not available within the agency. Examples

of such skills include professional teaching experience, specialty safety training and specialty training in outdoor recreation.

b. Volunteers are often well established local citizens who can help create community interest in the course. They usually have extensive local contacts, are aware of community needs and can facilitate the setting up of local classes.

c. Because there are not enough Conservation Officers to conduct training in every community in the state. Although Conservation officers may be active in the ORV education program, they generally do not have enough time to conduct entire training classes along with their many other duties.

2. What does the program offer the volunteer instructor?

a. It provides the instructor with the means of helping make a safe sport even safer. b. It provides the instructor with an avenue of input into the statewide ORV education program.

c. It offers the volunteer an opportunity to help others and be of service to the community. d. It provides the instructor with the means to help insure the future of ORV activities in

Michigan. e. It provides the instructor an income tax deduction which may be claimed, provided proper

records are maintained. 3. What value does the ORV education program provide to the public?

a. The program develops operators who act safely and responsibly. b. The program helps to reduce ORV accidents and ORV violations. c. The program improves the image of the ORV operator. d. The program encourages recognition of ORVs, 4x4s and motorcycles as viable recreational

activities. e. The program provides an understanding of the importance of operator’s actions, trail/area

management and resource protection.



TYPES OF ORV VOLUNTEER INSTRUCTORS All ORV Safety Education instructors are considered by the Department as Volunteer instructors because the DNR does not compensate them for their service. However, there are differences in the types of Volunteer instructors that exist and it is important to differentiate between them.

Volunteer Instructors: Volunteer instructors are recognized as those individuals who possess a genuine interest in the education of the public who require instruction on aspects of ORV safety and responsibility. Volunteer instructors are true volunteers who do not charge fees while performing charitable or helpful work and do not expect or receive pay or any other means of compensation for their service. Volunteer instructors may also teach classes through a non-profit organization. The Volunteer instructor is strongly embraced by the Department.

Governmental Instructors: Governmental instructors are recognized as those individuals who are employed by a governmental entity, such as a sheriff department or college, and conduct ORV safety instruction as part of their employment.

Private Business Enterprise Instructors: Private business enterprise instructors are recognized as those individuals who own, operate, participate in, or are otherwise involved in a private business requiring compensation which results in a monetary profit for their service.



ORV SAFETY EDUCATION CERTIFICATION All ORV Safety education student certificates are non-expiring. Lost or damaged cards may be replaced through the Lansing office without charge. Contact 517-284-6055. Instructors are prohibited from issuing duplicate or replacement ORV Safety education cards based upon their records without expressed authorization from the ORV Safety Education Administrator.

Michigan recognizes ORV safety certificates issued under the authority of another state or a province of Canada.



INSTRUCTOR CERTIFICATION

An individual desiring certification as an ORV Safety Education Instructor with the DNR shall meet the following requirements:

• Be at least 18 years of age. • Be a high school graduate or possess a graduate equivalency diploma (GED). • Have no felony convictions. • Have no misdemeanor convictions within the past three (3) years. • Have no convictions that resulted in the revocation of ORV operation privileges within the

last five (5) years. (Other convictions of natural resource law violations are subject to review and may result in the rejection of any application.)

• Maintain a high moral, ethical and mental character.

How to become a Volunteer ORV Safety Education Instructor:

1. Instructor applicant obtains an application from the Department headquarters.

2. Instructor applicant submits a completed application to the Department.

3. Initial background investigation conducted, including a Sex Offender Registry inquiry, and repeated every fours years.

4. Applicants that successfully pass a background investigation are invited to attend a three

day regional ORV Instructor Academy.

5. Invited applicants must attend and successfully complete the entire ORV Instructor Academy including all of its requirements and evaluations.

6. Upon successful completion of the academy, the instructor receives their certification to

teach the ORV Safety Education program.



INSTRUCTOR ACADEMY & TRAINING All new instructors shall be provided with training by the DNR prior to being certified to teach in the program.

Letters entailing updates in the ORV Safety Education program will be distributed to instructors to keep them informed of changes in the program. Instructor databases are maintained to keep track of the number of students taught, any training the instructor has taken as well as the number of hours donated by each instructor.

It is strongly recommended that current instructors attend the ORV Instructor Academy. Prior to certification, all new applicants that wish to become instructors must attend the Instructor Academy. Any instructor whose training credential has been deemed inactive or revoked must attend the instructor academy in order to re-activate their training certification.

Testing/examinations will include essential information in each chapter of the program, teaching practices and policy and procedure. Very basic practical “hands on” evaluations may also be performed.

Testing/examination content, to include policy and procedure, are at the discretion of the Department and are subject to change.

An applicant who completes the Instructor Academy but fails required tests/exams/evaluations, has one opportunity to make arrangements to re-take the test(s)/exam/evaluation. The applicant must make arrangements with the ORV Education Coordinator to re-take the test(s)/exam/evaluation within 30 days from the end of the Instructor Academy that they attended.

Applicants that do not make arrangements for re-test/exam/evaluations within the 30 day time frame must attended and successfully complete another Instructor Academy.


Revised/Issued: April, 2012 Page 1 of 2 No. 18

INSTRUCTOR CONDUCT The instructor occupies a unique niche in the overall function of the DNR to educate students in a safe and responsible ORV education program. As an instructor, you are a representative of the DNR and your conduct and behavior should reflect this.

The instructor has the responsibility to be dependable, prompt, efficient and courteous. To be effective, all instructors must possess a sincere interest in the tasks to be accomplished and a willingness to adhere to Department policies and procedures. Instructors are expected to maintain high personal standards and to conduct and present themselves in a manner consistent with the agency's role as a public servant.

In order to ensure effective, efficient, consistent and safe performance and to maintain essential public confidence in the integrity of the DNR instructors and ORV Safety Education Program - all instructors shall comply with the following standards of conduct:

The following acts by instructors are prohibited while involved in ORV Safety Education activities:

• The use of profanity, obscenity, racial/ethnic jokes and slurs, sexist remarks, and other unbecoming

language during class. • The use of alcohol or controlled substances prior to or during class. • Smoking or chewing tobacco except during scheduled breaks. • Expressing opinions or comments contrary to any established program or policy of the Michigan DNR. • Conducting either private business with students as part of the classroom instruction or recruiting of

memberships in organizations as a condition of participating in the course of study. Non-profit organizations may be exempt.

The instructor agrees to:

• Be accountable for the wellbeing and safety of youth attending your class ensuring youth are not left

alone. It may be necessary to require parents to stay with the youth or at minimum pick them up in your presence.

• Promote ORV safety education, set up class and provide notification of same through posting on the instructor’s secure Web site.

• Be prepared to provide the best instruction possible accommodating a wide range of students. • Teach the material found in the ORV Safety Education Manual furnished by the Department. If any

conflict exists between the instructor’s philosophy and that of the Department or that information found in the manual, the instructor will be expected to adhere to Department or manual provisions.

• Be accountable for ALL safety aspects of the course. • Certify only those students who meet or exceed the minimum standards established by the DNR and to

see that every student certified possesses the requisite skill and knowledge to be a safe responsible operator.

• Be available to assist other instructors. • Be committed to the ORV Safety Education Program goals and objectives. • Be punctual and dependable. • Accept evaluation and continually seek to broaden knowledge of safe & ethical practices.



INSTRUCTOR CONDUCT (CONT.) • Teach at least one class every two (2) years. • Change in Instructors phone number or address should be updated on the instructor secure website. • Open your class to other instructors for observation free of charge. • Be neat, clean and accurate. • Wear a name tag during class. • Maintain the dignity and integrity of the agency with the public. • Develop and utilize training aids. • Practice what you preach inside the classroom and in the field. • Act as a positive role model for students and fellow instructors.



INSTRUCTOR ATTIRE & DRESS CODE The appearance of the Volunteer ORV Safety education instructors should be neat, clean and similar to other assisting instructors. The Department shall provide a high visibility Recreational Safety Volunteer Instructor vest that shall be worn during classes. Name tags shall be displayed at all times. Issued vests are only to be worn during ORV safety classes unless approved by the Recreational Safety Administrator.

On duty law enforcement officers are allowed to wear their issued department uniforms without the issued high visibility vest during class.

Pins are allowed to be worn on the issued vest but are restricted to the USA flag, name tag or a Department issued service pin.



ORV SAFETY EDUCATION COURSE REQUIRMENTS The Department mandates academic coverage of program materials with focus on safety, knowledge and behaving responsibly. Course time is to be no less than 6 hours . Any optional practical skills offered must be outside the 6 hour minimum class time requirement.

Being able to read is not a requirement to attend or pass this course. Instructors are encouraged to provide reading assistance to any student having difficulty, and to provide materials in advance of class. Parents and/or legal guardians are strongly encouraged to attend in these circumstances.

Maximum Length of Class Sessions in a Single Day is 8 hrs. The maximum number of hours in a class session during any one day shall not exceed eight. Students have difficulty concentrating longer than six hours. Instructors need to be sensitive to the ability of the students to learn. Instructors shall allow a ten minute break during every hour of instruction to refresh student attention capabilities.

Independent Study (Home / Online Study) Due to ever increasing time constraints facing students and instructors, there has been a demand for an alternate delivery method to the traditional classroom-based course. Classes offered as Home-study classes must be posted as a Home-study class when registering the class and ordering material. Instructors shall make student manuals available to the students at least 10 days or more prior to the first class session.



RECOMMENDED ORV SAFETY EDUCATION CLASS OUTLINE REMINDER: Policy requires classes be a minimum of 6 hours. Include breaks where time appropriate.

In an effort to reduce program costs, the Department, along with recommendations by the ORV Education Advisory Committee, has decided to eliminate the instructor manual. In lieu of the instructor manual the following class outline is being provided. This outline is based on the 2011 edition of the ORV student manual.

Instructor teaching methods vary widely and instructors are provided with the flexibility to deliver program information. It is imperative that every question on the final test is covered and emphasized in the classroom. This can be accomplished by student discussions and/or involvement in those and other topics. This recommended course outline will highlight (in bold) each topic which is covered on the final test.

A. Welcome, Instructor Introductions, Administrative requirements 1. Welcome all participants. 2. Introduce each instructor. 3. Make participants aware of lavatory locations. 4. Explain class rules and participant requirements. 5. Explain course agenda including scheduled brakes or snack/meal times. 6. Participants with personal or private issues or requests should be encouraged to approach any

instructor ensuring confidentiality. 7. Complete Department bubble sheets. Ensure accurate completion. 8. Take questions.

B. Begin Course

1. Explain to students this course provides basic academics on the safe and responsible operation of ORVs. Students are encouraged to take additional, beginners level, hands-on training courses.

2. Remind parents that they will be their child’s teacher and safety advisor so they must be familiar with their youngster’s physical and mental capabilities and readiness to operate an ORV of appropriate size. It is the parent who is ultimately responsible for the child’s safety.

3. Read “Accepting the risks” inside front cover. 4. Page 2, explain table of contents.

C. Chapter One, Page 3-16

1. Understanding Off-Road Vehicles 2. Learning the Characteristics of All-Terrain Vehicles (ATVs) 3. Learning the Characteristics of Off-Road Motorcycles 4. Learning the Characteristics of Utility Terrain Vehicles (UTV) 5. Preparing for Safety With UTVs/4x4s 6. Before you ride 7. Safeguarding Yourself With Protective Clothing and Gear 8. Knowing What To Do If You Get Stuck

i. Test ? #46, Under Selecting a Winch- Check the capacity rating for the tow hooks to make sure they meet the minimum rating needed for your vehicle. This rating is based on the vehicle’s weight and should be at least five times the weight of the ORV.

9. Winch Accessories i. Test ? # 48, Puncture –Resistant Gloves: Protect your hands while operating the winch

or handling the cable. ii. Test ? # 48, Tree Trunk Protector: Lets the operator attach the winch rope to a wide

variety of anchor points and objects, including living trees.



RECOMMENDED ORV SAFETY EDUCATION CLASS OUTLINE (CONT.)

10. Winch Precautions i. Test ? # 21, Always keep the cable wrapped around the winch drum a minimum of five

times. ii. Test ? # 44, while winching, stand clear. A safe distance is 1 ½ to 2 times the length of

the cable you are using. iii. Test ? # 19, Show and discuss illustration of Danger and Safety Zones.

11. Under How To Use a Winch i. Test ? # 23, NEVER use the ball hitch on your vehicle as an anchor point.

ii. Test ? # 19, Do not let others stand behind or in front of the vehicle. 12. Examples of Winching Pulling Capacity

i. Test ? # 28, A winch rated for 8,000 pounds of pull only yields the full 8,000 pounds on the last layer of cable on the drum.

13. Recovery Strap Precautions i. Test ? # 23, NEVER, attach a strap to the hitch ball, suspension components, or steering

components on either vehicle. 14. Learning How To use a Recovery Strap

i. Test ? # 26, If you must connect two straps, insert a wooden dowel parallel to the straps. Never connect two straps without a dowel.

ii. Test ? # 36, Do not back up the towing vehicle more than one vehicle length. 15. Chapter Review

D. Chapter Two, Pages 17-27

1. Understanding the Risks of Off-Road Terrain i. Test ? # 18, Remember-Speed and dangerous maneuvers are major factors in most ORV

accidents. 2. Alerting Yourself to the Causes of ORV Accidents.

i. Test ? # 11, Riding double on an ORV that isn’t designed to carry a passenger-most are not.

ii. Test ? # 18, Performing dangerous stunts and maneuvers. 3. Preventing Accidents

i. Test ? # 37, If you see a stop sign in Michigan, you must come to a complete stop and look and listen for oncoming traffic before proceeding.

4. Operating you ORV 5. Using Correct Riding Techniques. 6. Preparing for Riding Practice. 7. Practice Your Riding Skills. 8. Riding on Different Types of Terrain. 9. Crossing Roads and Highways. 10. Remember

i. Test ? # 32 & 50, Stay to the right on designated trails and other authorized riding areas. 11. Chapter Review

E. Chapter Three, Pages 28- 37

1. Maintaining Your UTV/4x4. 2. Driving Your UTV/4x4. 3. Using Correct Driving Techniques.



RECOMMENDED ORV SAFETY EDUCATION CLASS OUTLINE (CONT.) 4. Handling Side Tilts

i. Test ? # 14, If you feel your UTV/4x4 starting to roll over, immediately turn to head down the slope. Then speed up to transfer weight to the uphill side of the vehicle.

5. Driving on Different Types of Terrain. 6. Chapter Review

F. Chapter Four, Pages 38-41

1. Using the Buddy System i. Test ? # 29, Always ride with at least one other rider.

ii. Test ? # 2, Plan your trip in advance, and tell a family member or friend. 2. Understanding the Dangers of Alcohol and Drugs

i. Test ? # 27, Alcohol depresses the central nervous system, affects your judgment, and slows reaction time.

ii. Test ? # 27, Over-the-counter drugs and prescription drugs, particularly tranquilizers and barbiturates, have affects similar to alcohol. Marijuana slows your reflexes and reduces your night vision. Cocaine and amphetamines may increase your concentration temporarily but causes fatigue as the drug wears off. They also give an exaggerated feeling of well-being, which affects judgment and leads to reckless behavior.

3. Staying Alert To Avoid Fatigue 4. Observing the Code of Safety

i. Test ? # 22, Read the owners manual. Use a helmet and goggles. Respect and people and animals you encounter.

ii. Test ? # 32 & 50, Stay to the right on designated trails and other authorized riding areas. 5. Avoiding ORV Environmental Impact

i. Test ? # 9, Riparian areas are the green strips of vegetation along streams, rivers and lakes. They help prevent erosion, filter sediment to protect water quality, and to provide food and shelter for fish and wildlife. Avoid riding in riparian areas, which are damaged easily. If you must cross a soft or muddy area, go slowly and avoid spinning your tires.

6. Reduce the Spread of Noxious Weeds 7. T.R.E.A.D. Lightly 8. Obeying All Trail and Road Restrictions

i. Test ? # 3, Don’t assume a route is open because you see tracks on the trail. They may have been left by uninformed violators.

9. Using Courteous Trail Etiquette i. Test ? # 32 & 50, Be aware of two-way traffic, and stay to the right.

10. Adjusting for Darkness 11. Riding on Michigan’s ORV Trails, Routes, and Riding Areas.

i. Test ? # 32 & 50, Michigan’s ORV trails and routes are designed for two-way travel. Users always need to stay to the right and be alert for oncoming traffic.

12. Chapter Review

G. Chapter Five, Pages 42-48 1. Planning for the Risks of Off-Road Terrain. 2. Plan Properly

i. Test ? # 2, Tell Others: Tell someone where and with whom you are riding and when you expect to return. Give specific directions on the route to your destination and any alternate destinations. Leave your travel plan with a family member or friend.

3. What To Bring Along.




i. Test ? # 41, Map and Compass, GPS and a mobile phone. 4. Rules of Survival

i. Test ? # 2, Tell someone where you’re going and when you plan to return. ii. Test ? # 41, Bring a map and compass, and always orient yourself before leaving.

5. Navigating With a Global Positioning System (GPS) 6. Coping in Remote Areas 7. Coping With Extreme Weather

i. Test ? # 24, Frostbite-Victim experiences a loss of feeling in the affected area. Treatment-Warm the affected area with body heat, get to a warm shelter and get medical attention.

ii. Test ? # 35, Heat Exhaustion-Symptoms- Weakness & Nausea. 8. Chapter Review

H. Chapter Six, Pages 49-56

1. Why Michigan Has ORV Laws 2. ORV Certificate of Title

i. Test ? # 33, Application for title must be made within 15 days of purchase or transfer. 3. ORV License

i. Test ? # 1, 17& 30, An ORV is required to have a license/sticker from the DNR when in use anywhere other than private property.

ii. Test ? # 43, Licenses are valid from April 1 through March 31 of the following year, regardless of the date of purchase.

iii. Test ? # 4, Private land owners, owner’s family members, and their invited guests are not required to license an ORV that is operated exclusively on the owners’ private property.

4. Person With Disabilities 5. Required Equipment

i. Test ? # 41, Spark Arrestor and Muffler: A U.S. Forest service-approved spark arrestor and muffler must be in good working condition.

ii. Test ? # 11, Seating, The ORV must be equipped by the original manufacturer with a seat for each passenger.

iii. Test ? # 5, Lights’ If operated during the hours of one-half hour after sunset to one-half hour before sunrise, the ORV must have and display a lighted headlight, a lighted taillight, and a brake light brighter than the tail light.

iv. Test ? # 41, Protective Gear-Operators and passengers must wear protective eyewear or goggles.

6. Operator Regulations i. Test ? # 34, No one under the age of 16 may operate a 3-wheel ATV.

ii. Test ? # 17, Children 12 to 15 years old may operate a 4-wheel ATV only when the child is under the direct visual supervision of an adult and posses a valid ORV safety certificate.

iii. Test ? # 10, No child under the age of 12 may cross any street, highway, or county road while operating an ORV.

iv. Test ? # 42, Operators must pull over and stop when signaled by any peace officer. v. Test ? # 40 & 45, All ORV operators under 16 years old are required to posses a valid

safety training certificate when operating an ORV on a trail or private land. vi. Test ? # 31, The operator must carry the safety certificate on his or her person and

present it upon demand of a law enforcement officer.


Revised/Issued: February, 2011 Page 5 of 6 No. 21 RECOMMENDED ORV SAFETY EDUCATION CLASS OUTLINE (CONT.)

vii. Test ? # 3, Remember it is your responsibility to know where you can and cannot operate

your ORV legally. Under most circumstances, you may not operate an ORV on any highway or roadway.

viii. Test ? # 8, Age to legally operate Off-highway motorcycles if under direct supervision and with ORV certificate.

ix. Test ? # 34, Age to legally operate 3-wheel ATV. 7. Land Use Rules

i. Test ? # 3, Just as other users are limited in their activities in order to protect and conserve these vital resources while minimizing conflicts with other activities, ORV enthusiasts are restricted in where and how they may operate.

ii. Test ? # 20, ORV Trails and Confidence Markers 8. Orv Operation on Sate-Owned Lands 9. Cross-Country Operation 10. ORV Operation on national Forest Lands 11. Prohibited ORV Operation on Other Lands

i. Test ? # 3, The ORV rider is responsible for contacting the local authorities to find out which roadways are open to ORV use.

ii. Test ? # 7 & 13, Private land is closed to ORV operation, except for use by the landowner and the landowners invited guests. The failure of a landowner to post or fence private property against ORV use does not imply consent to ORV operation.

iii. Test ? # 9, An ORV may not be operated in a manner that creates an erosive condition. Michigan soils and shorelines are fragile, and ORV operation in these areas and along stream banks and other waterways is restricted.

12. Additional Areas Where ORV Operation Is Prohibited i. Test ? # 9, ORVs may be operated in or on the waters of any stream, river, marsh, bog,

wetland, swamp, or quagmire unless you are driving on a bridge, culvert or similar structure.

ii. Test ? # 40, ORVs may not be operated on property owned by the operator or on which the operator is an invited guest.

13. Further Restrictions on ORV Operation i. Test ? # 13, An ORV may not be operated at a rate of speed greater than is reasonable

and proper based on existing conditions. ii. Test ? # 25, An ORV may not be operated to hunt, pursue, or attempt to kill a wild or

domesticated animal or bird. iii. Test ? # 6, An ORV may not be operated while transporting a strung, uncased or loaded

firearm unless the firearm is a pistol (concealed or not) AND the person transporting the pistol or carrying a loaded pistol has a Concealed Pistol License or is exempt from license requirement.

iv. Test ? # 25, An ORV may not be operated in a manner that leaves behind litter or debris. v. Test ? # 11, An ORV may not be operated while transporting any passenger unless the

vehicle has been designed by the manufacturer to carry passengers. vi. Test ? # 41, Remember-Make sure that your ORV has a U.S. Forest Service-approved

spark arrestor. vii. Test ? # 13, Remember-You may not operate an ORV if you are a resident of the state

and your operators or chauffeurs license is suspended or revoked. 14. Accidents




i. Test ? # 15, The operator of an ORV involved in an accident resulting in an injury to a person, death, or estimated property damage if $100 or more must immediately notify the State Police or Sheriff’s office of the county in which the accident occurred and complete an accident report.

15. Penalties i. Test ? # 12, Criminal penalties range from a misdemeanor to a felony. Civil penalties

can range up to $500. Misdemeanors are punishable by a fine of not less than $250 or more than $1000, imprisonment for up to 90 days, or both fine and imprisonment.

ii. Test ? # 9, Persons may be held financially responsible for ecological damage caused by their ORV and ordered to restore damaged property to the original condition.

iii. Test ? # 9, Serious criminal violations also may result in seizure and condemnation of the ORV.

16. Alcohol i. Test ? # 25, ORV riding, like any other activity involving a motor vehicle, demands the

full attention of the operator. This is reflected in the rules regarding alcohol and drug use while operating an ORV, which are virtually identical to the laws regarding alcohol and drugs in the motor vehicle code.

17. Chapter Review I. Last Two Pages-cover Trail Signs

i. Test ? # 20 & 39 J. Proctor, correct and review final exam.

K. Conclusion



INSTRUCTOR TO STUDENT NUMBER RATIO Limitations on Number of Students Per Class

There shall be a minimum of two instructors for classes up to 24 students. For every additional 10 students, the instructor numbers must increase by one. For example 25 students must have 3 instructors, 35 students must have 4 instructors, 45 students must have 5 instructors, and so on….

No instructor may teach a class without the presence of another certified instructor present during the class, unless the course is being conducted in the context of regular scheduled classes in middle, high school or continuing education.

An ORV Instructor applicant who has passed the background investigation and who is waiting to attend the ORV Instructor Academy may count towards the instructor-to-student ratio acting in a mentoring capacity. It is the lead instructor’s responsibility to ensure the instructor applicant is eligible to participate. The instructor applicant must attend an ORV Instructor Academy no later than two years after submitting the safety instructor application. No more than one instructor applicant may participate in a class.

Under extenuating circumstances if an instructor becomes incapacitated and cannot help teach a class, the class may continue as long as the parent or guardian of a student(s) is present during the class. Any deviation from the minimum two-deep instruction policy must be authorized in writing by the ORV Safety Education Administrator.



“OPEN vs. CLOSED” CLASSES DEFINED An “Open” class is a class which is open to the general public accommodating any number of students as allowed by the number of instructors in the teaching team, as outlined above.

A “Closed” class is a class which has reached the maximum number of students allowed for the facility or as limited by the number of instructors in the teaching team, as outlined above.

A “Closed” class may also be held and facilitated for a group of students belonging to a pre-existing or pre- organized group. However, recruiting of memberships in organizations as a condition of participating in the course of study is prohibited.



MATERIAL ORDERS & CLASS NOTIFICATION

All materials required to teach the class are funded by the ORV program and are provided free of charge by the Department. This includes all forms, student handbooks and free publications. Materials are warehoused and shipped from an offsite source and are not available from the ORV Safety Education Administration office, therefore phone orders cannot be assured delivery.

All instructional materials and tests not issued by the DNR must be approved in writing by the ORV Safety Education Administrator prior to using them in class. This does not include items commonly used as teaching aids such as video’s published by major manufacturers of ORVs.

All classes are required to be posted. Instructors shall use the instructor website https://secure1.state.mi.us/rsi/ for ordering materials and posting your classes. A unit is a complete set of material necessary for each student. A unit consists of a student ORV safety manual, test, certificate, instructor scan form, student scan form, and a return envelope for the scan forms. For instance, if you were expecting 50 students, you would order 50 units. Additional necessary material (instructor scan sheet, more order cards, return envelopes) will automatically be sent with complete units.

Class information; contact phone number, start time, class facility, city location are necessary information for posting a class.

If problems arise with ordering materials or posting classes, please contact 517-284-6055. Instructors shall make student manuals available to each student prior to the class to allow the student time to study the materials before the beginning of the class. The student shall have the opportunity to begin review of the materials at least 10 days before the beginning of the class.

https://secure1.state.mi.us/rsi



STUDENT CONDUCT & DISCIPLINE Occasionally, a need for discipline will arise during a class and intervention should be quick. Instructors are expected to be courteous but firm in any matter involving student discipline. Care should be exercised to avoid embarrassing a student in front of a class. Instructors must establish classroom behavior standards during the first class.

ORV Safety education instructors have full authority to refuse to certify students who are disruptive, use alcohol, tobacco or drugs, or who refuse to respond to an instructor's directions. At no time should a student’s behavior threaten or endanger the instructor, fellow students or the student. Instructors may remove a student from participation in the course if the student is disruptive, or if the student’s behavior endangers participants or bystanders.

Expulsion of a student should be a last resort after reasonable attempts to control the student’s behavior have failed and upon consensus of the teaching team.

Under no circumstances may an instructor strike or otherwise physically discipline a student. In the event of extreme student disruption, instructors should immediately request assistance from local law enforcement authorities.

Instructors must have contact information for parent/guardian of all students. In the event a student is expelled from a class, the parent/guardian must be notified to come and pick up the student.

If any fees were collect from expelled students, a full refund must be provided.



AGE & CERTIFICATION OF STUDENTS Any person, regardless of age, may enroll in an ORV Safety Education Course. Instructors shall not establish an age for enrollment in their classes. Students under 10 years of age, or those with learning disabilities, or other special needs, shall be accompanied by a parent or guardian or other adult, designated by the parent or guardian, during the course.

Parents and/or accompanying guardians are encouraged to participate and assist their youthful student during the class to better comprehend course materials. However, the parent and/or adult may not assist during testing/exams. If assistance is needed for proctoring a test/exam, the instructor must act as the proctor and provide reasonable assistance to the student. Identify this need prior to the class to ensure enough team teaching coverage during the class.

If a student is unable to comprehend the material due to youthful age, the instructor should communicate the inability to comprehend the material with the parent and/or guardian. In this situation, the instructor should recommend that the student take the student materials home for home study. Once the student has a better understanding of the materials, recommend that the student attend another class at a later date.

In regard to younger children, instructors must remind the student, parent and /or accompanying adult, of legal age requirements for operation of different pieces of equipment such as dirt bikes, ATVs, ORVs, UTVs and or full sized 4x4 vehicles. The certification does not give blanket authorization to operate all Off Road Vehicles. It is the students and parent / adults responsibility to ensure youth are in compliance with all legal age requirements for the specific pieces of recreational equipment they choose to operate.



STUDENT TESTING & CERTIFICATION

The instructor has a responsibility to evaluate students based on fair and reasonable performance criteria. Students have a right to expect nothing less.

Students are certified based on their classroom performance, prompt attendance, knowledge, behavior, participation and on the mandatory standardized test provided by the department. The final decision to pass or fail a student shall be the responsibility of the instructor.

No other knowledge based tests, other than that provided by the Department, may be used without written authorization of the ORV Safety Education Administrator.

Instructors may develop quizzes, as teaching aids, but cannot use them to pass or fail a student.

No open book testing is allowed.

The student must be able to demonstrate they posses the essential knowledge that was provided during the class. The student must have 75% (38 out of 50) correct answers on the Departments standardized test in order to receive their certificate.

All tests are to be proctored by current certified instructors. The test may be read to a student by the instructor in order to assist them with understanding the question. Reading the exam is permissible and encouraged.

Denial of a student's ORV Safety training and /or certificate must be justified carefully and cannot be based upon personal likes and dislikes.

Those students who successfully complete the course are to be issued an ORV Safety Certificate. Understand that any hands-on practical skills portion is outside of the Departments requirements and is not covered by the Department.

Student certification must be consistent with guidelines provided by the Department.



INTERRELATIONSHIP BETWEEN CONSERVATION OFFICERS AND ORV EDUCATION INSTRUCTORS

The ORV education program is a part of the Law Enforcement Division of the Department of Natural Resources. The ORV education staff consists of a state Recreational Education Administrator and a Field Coordinator which is supported by field Conservation Officers. Instructors have the opportunity to work with all of these people at some point.

The role of the Conservation Officer is divided into three areas: (1) enforcement, (2) community affairs/public contact and (3) special program support. ORV education training activities fall under the category of special program support. The Conservation Officer is charged with the responsibility of providing as much assistance to the volunteer as reasonably possible; however, the local Conservation Officer's time is often committed by circumstances beyond his or her control. Instructors must make certain they give the Conservation Officer as long a lead time as possible to work into planned classes. Most Conservation Officer's are actively involved in the program but their participation is often limited to brief classroom appearances to discuss laws, conservation principles and/or ethics. It is best to allow flexibility when scheduling Conservation Officers for classroom review. In the event an officer is unable to make a scheduled presentation, every effort should be made to advise the instructor accordingly.

To arrange for the participation of a local Conservation Officer, the instructor should make contact with the DNR District Law Supervisor. The supervisor will appoint at least one Conservation Officer to provide assistance in the ORV training as the officer’s schedules permit.

As your Conservation Officer (or other Law Enforcement guest speaker) arrives to assist with the class, make every attempt to have them speak shortly after they arrive. Law Enforcement obligations could result in an officer having to leave a class for an unexpected emergency or priority call.



ACCIDENT REPORTING If any accident or incident occurs which results in damage to property or physical trauma to any person in conjunction with any ORV Safety education course, the appropriate Department representative must be notified immediately.

Physical trauma is defined as any body wound or shock produced by sudden physical injury, as from accident, injury, or impact.

In addition to local law enforcement agencies, the lead instructor shall notify the local Conservation Officer and the Department ORV Safety Education Administrator. The lead instructor must complete and submit an incident report on the Department Public Incident Report form (R1004) to the ORV Safety Education Administrator within 10 days of the accident or injury. The Public Incident Report form is located within this policy manual as an appendix.



DISCRIMINATION AND DISCRIMINATORY HARASSMENT Instructors shall provide training in safety, conservation and sportsmanship and to make standardized training available to students without regard to race, creed, national origin or sex.

Discrimination

All instructors are simultaneously protected by and subject to the provisions of the Elliott-Larsen Civil Rights Act, Americans with Disabilities Act and Child Protection Laws. All volunteer instructors have an ethical, professional and legal obligation to refrain from conduct that violates an individual's civil rights. Behavior in violation of State and Federal laws or Department policy regarding non-discrimination will not be tolerated.

Discriminatory Harassment

Discriminatory harassment means unwelcome advances, requests for favors, and other verbal or physical conduct or communication including any actions which belittle or show hostility to an individual based on or due to that person’s race, color, national origin, disability, gender, age, religion, height, weight, health or medical conditions to include pregnancy or marital status, where such conduct has the purpose or effect of causing or creating an offensive environment.

Such behavior will result in revocation of the instructor's certificate and may subject the individual to civil and/or criminal sanctions.

Guidelines

As cited by Dr. David Knotts, in the article entitled “Caution” (see appendix), steps must be taken to ensure that participants in youth-based organizations are not taken advantage of or abused in any manner. The following guidelines will afford youthful participants protection from abuse and adult participants from sexual harassment. In addition, these guidelines also serve to protect volunteer instructors from situations to which they may be vulnerable to allegations of abuse and/or harassment.

Two-deep instruction: Two certified instructors minimum are required for all classes.

No one-on-one Contact: One-on-one contact between instructors and youthful participants is not permitted. In situations that require conferences such as test review and evaluation, the meeting is to be conducted in view of other adults. Never meet alone with a student before or after class.

Understand appropriate physical contact: There are times when physical contact is both necessary and appropriate. Such coaching should be done in full view of other participants and adults, with the student's permission.

Respect of privacy: Instructors must respect the privacy of youth in situations such as restroom breaks and intrude only to the extent that health and safety require. Instructors should take steps to ensure their own privacy in similar situations. It is recommended that separate restrooms be scheduled. Arrangement for separate accommodations should be made for members of the opposite sex.



DISCRIMINATION AND DISCRIMINATORY HARASSMENT (CONT.) No secret organizations or hazing: There are no secret organizations in ORV Safety education. All aspects of the ORV Safety education program are open to observation by parents, guardians and agency staff. Physical hazing and initiations are prohibited and may not be included as part of any ORV Safety education program.

Appropriate discipline: Discipline used in ORV Safety education should be constructive and reflect the values of the agency. Corporal punishment is never permitted.

Persons with Disabilities Pursuant to the Americans with Disabilities Act of 1990, the Michigan ORV Safety Education Program will not discriminate against or refuse access to ORV Safety education courses to anyone with a disability. Federal and State law provide “no qualified individual with a disability shall, by reason of disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a public entity, or be subjected to discrimination by any such entity." Instructors needing assistance in providing accommodations for disabled students should contact the ORV Safety Education Administrator.



CLASS / INSTRUCTOR AUDIT The ORV Safety Education Coordinator, Administrator or other Department representative, may at any time and without notice, conduct an in person audit and/or evaluation of an instructor, their program records and documentation, reviewing records and documentation, and any ORV Safety Education class.



REVOCATION OF INSTRUCTOR CERTIFICATION

Instructor certification may be revoked by the ORV Safety Education Administrator for any of the following reasons:

1. Failure or refusal to comply with program policies concerning course requirements and/or instructor

duties and responsibilities. 2. Failure to actively participate in the program. This includes failure to teach at least one class every two

years. 3. Conviction for violations of the Michigan ORV laws, certain misdemeanor, any felony or federal law

convictions. Backgrounds, which include inquiries of the Sex Offender Registry, shall be conducted every 4 years.

4. Falsifying program application, records or documents. 5. Conduct, behavior or condition which in any manner brings discredit or brings reproach to the DNR and

or the ORV Safety Education Program. 6. Substantiated complaints filed against an instructor by the public, Department personnel, or other

volunteer instructors. 7. Substantiated misuse and or abuse of fees collected that were not directly related to the specific class in

which the fees were collected.

8. Failure to comply with a class/instructor audit.

9. Failure to maintain a correct physical and mailing address with the Department.

Revocation Procedure Instructor records are reviewed at will. In the event that an instructor has not met the minimal requirements to maintain certification, or has violated policy and/or procedure, the following steps will be taken:

1. The instructor will be sent written notification of the minimum requirements to remain certified, or the

alleged policy/procedure violation. 2. The instructor will be given an opportunity to justify why the instructor certification should not be

revoked which will be reviewed by the Department. The instructor will be notified in writing of the decision made in this review.

Appeals must be submitted to the ORV Safety Education Administrator.



REVOCATION OF INSTRUCTOR CERTIFICATION (CONT.)

All appeals must be made in writing within 10 days of receipt of the decision to revoke certification.

The ORV Safety Education Administrator will be the final arbiter in revocations and reinstatement.

Reinstatement of Instructors

1. Instructors who leave the program voluntarily may be reinstated within two years by contacting the ORV Safety Education Coordinator or Administrator.

2. Instructors who are absent from the program for longer than two years shall complete the application,

background investigation and ORV Instructor Academy process before being reinstated. Circumstances such as active military duty may exempt the instructor. Contact the ORV Safety Education Coordinator or Administrator for further information.



VOLUNTEER RIGHTS & LIABILTY PROTECTION The instructor is the most critical component of the instructional team. The volunteer has the opportunity to be assigned to a job that is rewarding and challenging, to be informed on those issues impacting ORV Safety education and to be provided with training commensurate with the instructional tasks assigned. Liability protection is afforded those volunteers who are currently certified instructors acting within the scope of their authority and pursuant to the policies and procedures outlined herein. Note: Non-certified personnel who 'assist' certified instructors, are not covered by Public Act 170, 1964.



EQUAL OPPORTUNITY REQUIREMENTS Equal opportunity to participate in and benefit from the ORV Safety education program is available to all individuals without regard to race, color, national origin, sex, age or ability. Instructors must make every reasonable attempt to accommodate all persons in attending and completing the class. Instructors having difficulty in accommodating persons with special disability characteristics should contact the ORV Safety Education Administrator in Lansing at 517-284-6022. Any person who feels they have been discriminated against by this program, program staff or volunteer instructors should contact the Lansing ORV Safety Education Administrator or the DNR E.E.O. Office at 517-335-1582.



VOLUNTEER INSTRUCTOR COMPENSATION The Department recognizes the definition of a VOLUNTEER INSTRUCTOR to be: A person who performs charitable or helpful work voluntarily and does not expect or receive pay or any other means of compensation for their service.

The Department strongly embraces the concept of a Volunteer. Compensation for volunteers should not be monetary but rather a sense of gratification from performing a valued community service. It is in the satisfaction volunteers receive by knowing that what they are doing is important, that their contribution may save lives while furthering Michigan's ORV privileges and that they are being effective in the proper instruction of others.

While the Department strongly embraces the volunteer concept, the current law outlining the ORV Education program does provide exceptions for class fees. Refer to Policy # 36.



COURSE FEES, RECORD KEEPING, TRAINING LOCATIONS AND REPORT SUBMISSION

No student shall be denied access to ORV Safety Education due to an inability to pay a fee.

It has long been the position of the Department that class fees must be commensurate with the actual costs of providing the class. Volunteer Instructors should not profit from the class. The Department allows Volunteer Safety Instructors to charge a nominal fee for safety classes in order to cover the actual costs of providing the class. Examples of this are: building rental fees, custodian fees, student meals or beverages, and unique or specific materials directly related to that class.

Class locations should be held at community or civic oriented properties. Mandatory classroom program content classes shall not, under any circumstances, be held inside residences. Basic lavatory and hygiene facilities must be readily available to class participants.

There are multiple community oriented buildings throughout every county in Michigan that will gladly donate the use of their facilities for children’s educational programs. DNR Offices, schools, libraries, fire department stations, township or county buildings, outdoor and sportsman clubs, and non-profit organizations are all good locations to make inquiries with. Instructors must exhaust every option (in the surrounding community in which they intend to hold a class), in order to locate an appropriate donated facility. Accordingly, instructors can solicit sponsors or co-sponsors with community businesses to provide donated student snacks, beverages, pencils, rewards, etc…. The Department encourages instructors to establish relationships with those community oriented facilities and businesses which will result in simplified future class arrangements.

With facilities and course materials all provided, the instructor would be able to successfully complete a class free of any fees. If the instructor lays the foundation arranging facilities and amenities, there are very few reasons why volunteer instructors need to charge any course fees.

Fees may only be levied to cover the actual costs of holding a class. Approved expenses are building rental, student snacks & beverages, or other reasonably necessary teaching aid expenses which must be approved by the program administrator. Fees are not allowed for the Volunteer instructors administrative support services, instructor meals or mileage.



COURSE FEES, RECORD KEEPING, TRAINING LOCATIONS AND REPORT SUBMISSION (CONT.)

The Volunteer Instructor shall make every effort to offer the ORV Safety Education course free of any and all fees to their community.

The law provides the following:

324.81130 ORV safety education course. Sec. 81130. (1) A person who is under 16 years of age, before operating an ATV or ORV, shall complete

an ORV safety education course approved by the department. This course may include a written examination and a driving test designed to test the competency of the applicant. Upon successful completion of this safety education course, a person shall receive an ORV safety certificate.

(2) A safety education course conducted by a college or university, an intermediate school district, a

local school district, a law enforcement agency, or another governmental agency located in this state or by a department approved nonprofit service organization shall be conducted in compliance with this section. An agency or a school conducting a course under this subsection may apply to the department for a grant from the off-road vehicle account for costs associated with conducting a course.

(3) Except for a course conducted by a private business enterprise as provided by subsection (4), an

applicant for a safety education course under this section shall pay not more than a $25.00 course fee or in the case of a university or community college a fee not more than the cost of 1 credit hour of instruction. The course fees shall only be used for funding the administration and implementation of the course.

(4) An ATV or ORV, or both, safety education course required by this section and approved by the

department may be conducted by a private business enterprise. A private business enterprise may charge a course fee not to exceed the cost of conducting the course.

A Private Business Enterprise conducting the Departments ORV Safety Education Program must posses currant registration with the Michigan Dept. of Licensing and Regulatory Affairs, (LARA). A valid copy of the LARA certificate must be presented to the DNR and maintained as valid. An annual Certificate of Good Standing from the LARA (877-766-1779) is also required. The LARA certificates shall be kept in the database of the individual instructors associated with the Private Business Enterprise. A Private Business Enterprise receiving fees for conducting the course must reveal and report any fees which result in profit to the appropriate Treasury entities for tax purposes.

An organization held under 501( c ) non-profit status, are exempt from completing and providing the fee documentation form.

All fees and/or money received regardless of the amount, must be documented by an instructor on the Instructor Expense Report for Class Fees form PR9272. An expense report shall be submitted even when no fees are collected. The instructor shall ensure that the form is filled out completely and accurately, is legible, and is submitted to the DNR ORV Safety Education Section along with the instructor class summary and student participation forms. Instructors shall keep copies of expense reports for class fees for a minimum period of three years along with the individual receipts or other documentation showing the expenses



COURSE FEES, RECORD KEEPING, TRAINING LOCATIONS AND REPORT SUBMISSION (CONT.)

claimed. These receipts shall be made available for review upon the request of the ORV Safety Education Administrator or their designee.

Michigan Compiled Law MCL 750.175 Embezzlement by a Public Official incorporates a definition inclusive of volunteer education instructors for a public official and can be referenced for better understanding of the seriousness surrounding this policy. State law regarding money and property in the custody of a public official / instructor provides protections to the instructor from accusations of misappropriation.

Organizations operating under a federal 501(C)3, 4, or other recognized non-profit status, designation shall submit to the ORV Education Administrator or their designee a copy of the organization’s 501(C)3 or 4 Federal Determination Letter AND an annual Certificate of Good Standing from the LARA (877-766-1779).

The instructor shall ensure that each student fills out the student participation record form PR9180-1 accurately and completely at every class held.

See Appendix: Completing the Recreational Safety Education Student Participation Record - PR9180-1 (Rev. 1/2009)

The purpose is to create a permanent record of each instructor's participation in the recreational safety education course. This record is needed to document the time spent and number of students taught by each instructor.

The instructor shall mail the student and instructor records, including the Instructor Expense Report for Class Fees to the Department in the envelope provided with the class materials. These records must be returned immediately upon completion of the course. Handle all forms carefully. Do not staple or fold or send a copy. It is the instructor’s responsibility to assure that all records are complete and accurate.

When instructors utilize team teaching concepts, ensure each instructor documents their time on a separate form to ensure they receive credit for teaching. This is especially important for those instructors that do not teach on a frequent basis as their credential to instruct may expire due to extended inactivity.

Upon receipt of the class record packet, the data coding operator will ensure that the records are complete. If they are deficient in any way, they will be returned to the instructor for completion.



ORV EDUCATION ADVISORY COMMITTEE The Department values input from involved user groups. As a result, the Department shall establish one standing committee to represent instructor interests and review proposed program improvements. This committee shall be referred to as the ORV Education Advisory Committee. The committee shall consist of the ORV Safety Education Administrator, ORV Safety Education Coordinator and five certified Volunteer ORV Instructors from five geographic regions of the state.

The ORV Education Advisory Committee shall meet/or conference call as a group, at least once a year. More frequent meetings may be held if issues call for it. The Committee shall review and provide input on all aspects of the safety education program including course content and materials, testing/exam content, policy and procedures, and the Instructor Academy. Other appropriate program operations may also be addressed.

It is the Departments position that the ORV Education Advisory Committee is not a legislative or governing body therefore Committee meetings will not be open meetings. Committee members are expected to act as an ORV Safety Education program liaison with the volunteer instructors in their region bringing their concerns to the attention of the committee.

A Committee member may select one volunteer instructor from their region to act as an alternate in the case of a committee member’s absence.



ORV EDUCATION ADVISORY COMMITTEE MEMBERSHIP

The committee membership is open to any certified Volunteer ORV Safety Education Instructor. Instructors interested in serving on a committee should send a letter of interest to the ORV Safety Education Administrator. Submission of an interest letter does not guarantee an appointment on the committee. The Instructor should indicate why they wish to be involved on the committee. Based on the interest received from qualified instructors, the Department will attempt to appoint vacancies based on geographic regions across the state.

Ideally, one committee member from each of the following geographic regions shall be selected. One member from: West side of the Upper Peninsula, East side of the Upper Peninsula, northern Lower Peninsula, south-western Lower Peninsula and south-eastern Lower Peninsula.

Members of a committee may serve consecutive terms if mutually approved by the ORV Education Administrator and Coordinator. An appointed member may designate an alternate within their region which must be approved by the program administrator or coordinator. Repeated absence or lack of involvement by an appointed member on the committee may be grounds for removal and replacement at the discretion of the administrator.

Annual terms of membership on the committee shall begin January 1st of 2011. The rotation of members shall begin with five members appointed by January 1st, 2011. Two of the five members shall be replaced on January 1st, 2013. From this point on all members shall serve 3 year terms. If no interested or qualified instructors apply, the administrator may keep the existing member on the committee if mutually agreed upon. Alternates will serve during the same term and their appointing Committee member.

Committee applicants shall be selected by the ORV Safety Education Administrator and Coordinator. Committee members shall be reimbursed for attending and participating in the ORV Education Advisory Committee meetings. Eligible expenses are mileage, lodging and meals (all of which must be at the state approved rate). Other expenses may be submitted to the program administrator for reimbursement consideration. All expenditures must be verified by submission of receipts. Committee members should submit their expenses to the program administrator within the state fiscal quarter in which the expense was incurred. It is the programs coordinators responsibility to arrange, as much as possible, accommodations and meals. Alternates are welcome and encouraged to attend committee meetings however expenses will not be reimbursed unless the primary Committee member is not present.

If a committee member chooses to withdrawal from the committee, a replacement may or may not be selected at the discretion of the Administrator. The term for that committee position shall remain in the rotation cycle.



ORV EDUCATION ADVISORY COMMITTEE MEMBERSHIP (CONT.)



ARGO AND UTV’S Argos and UTVs are regulated as an Off-Road Recreation Vehicle (ORV) under Michigan law.

In the Lower Peninsula, an ORV may only be operated in areas open to the public on designated routes, trails, or areas that are posted as open to ORVs. However, ORV trails are limited to vehicles that are less then 50 inches in width. Argos are wider than 50” in width and therefore cannot be legally operated on designated ORV "Trails". The operator of the UTV should be aware of their UTV width as manufacturer specifications vary. Argos and UTVs can be operated on designated ORV Routes" and some Scramble Areas in the Lower Peninsula with a valid ORV license.

In the Upper Peninsula, ORVs in general may be operated on State Forest Roads that are not posted as closed. Argos and UTVs may be operated in the Upper Peninsula on State Forest Roads that are not posted as closed and on designated ORV Routes. Argo’s are wider than 50” in width and therefore cannot be legally operated designated ORV "Trails". The operator of the UTV should be aware of their UTV width as manufacturer specifications vary.



DEFINITIONS NOT IN STATUTE For purposes of the ORV Safety Educational Program, the following definitions of language pertaining to UTV and OHM will be recognized pending Michigan legislative action. Similar definitions are found in 36 CFR 212.1 and in Forest Service Manual 2353.05.

Administrator. The Recreational Safety Section supervisor.

Utility Terrain Vehicle (UTV) or Side-by-Side. A type of Off Road Vehicle that travels on 4 or more low-pressure tires, has a steering wheel or tiller, provides side-by-side seating, and is of various widths.

Off Highway Motorcycle (OHM). A type of Off Road Vehicle that has two-wheels powered by a motor vehicle on which the wheels are situated in a line, rather than side by side. For purposes of this P & P, Off Highway Motorcycle (OHM) is a motorcycle that shall be categorized by a number of off-road sports, the most notable being motocross, enduro, and dual-purpose.

Highway-Legal Vehicle. Any motor vehicle that is licensed or certified under state law for general operation on all public roads in the state. Operators of highway-legal vehicles may be subject to both the ORV law and/or the state Motor Vehicle Code traffic law, including requirements for operator licensing.


APPENDIX A


APPENDIX B

Completing the Recreational Safety Education Student Participation Record - PR9180-1 (5-92) Purpose: The purpose for this form is to create a permanent record of each student's participation in a recreational safety education course. This record is needed to permanently document participation by the student.

Completing the Form: Most of your students will need little or no direction to complete the student participation record. They have used this type of form weekly in their schools. Most standardized tests use this technology. Adults may need help. Take the student step by step through the registration process supplying the student with information as needed. This form can be completed with a blue or black pen or a number two lead pencil. We prefer the pencil because errors are easier to correct.

Before Starting to Complete the Form, Review the Example:

1., 2., 3. First Name, Middle Initial, Last Name - Print in the spaces across the top the student's first name(1), middle initial(2), last name(3). If any of these areas lack enough spaces for all the letters or numbers in a person's name, instruct the student to fill in no more than the space will allow. They should also skip a space between words or between number sequences and words.

4., 5. Date of Birth and Certificate Number - These are the two most important blocks on the record. Without this information we will not be able to locate the student record in the future. Make certain the student writes the numbers in the spaces in addition to marking the ovals. NOTICE: The certificate number is no longer the individual's social security number. Certificate numbers are pre-printed on each certificate. Please enter the pre-printed certificate number from the certificate to the corresponding scan sheet for each student.

6. County - Mark the oval of the county in which the class is being held.

7. Sex, Race, Disability - Mark the appropriate oval in each section. If the student marks other in the "Race" section, make certain they clarify in the space below. Completion of 7 is optional but encourage students to participate, this information is for statistical purposes.

8. Class Type - Mark the appropriate oval. A separate form is needed, per student, for each certificate being issued.

9. Date of Completion - Have the student enter the month day and year the class will be completed.

10. Instructor Number - Give the students your instructor number and have them write it in the spaces provided and then mark the corresponding oval below. If you are sharing the students with an instructor team you may want to divide the students in a manner agreed upon among the team members. Make certain the number of students recording your number corresponds to the number of students you record in block 4 of your instructor summary form.


APPENDIX C

Completing the Instructor’s Summary Form PR9180 Purpose: The purpose is to create a permanent record of each instructor's participation in the recreational safety education course. This record is needed to document the time spent and number of students taught by each instructor. It is critical to insure continued funding through the special funding sources supporting the recreational safety education programs.

Complete the form:

• Instructor - Mark the first two letters of your last name in the appropriate oval.

• Class Type - Mark the appropriate oval. Mark only one class type!

• Name: - Sign and print your name—A signature is required for proper documentation of hours

volunteered. • Instructor Number - Enter your instructor number in the spaces provided and then mark the corresponding oval

below. • Total Students Certified - Mark the total number of students taking your class. If you are sharing students within

an instructor team, record only the total number of student certificates you signed, it is critical that this information is accurate.

• Instructors Hours: - Mark the total number of hours you spent in preparing for teaching (Class Prep), traveling to or from the class (Travel Time), and teaching the course (Class Time). Class Prep+Travel+Class Hours= total hours.

• Date of Completion: - Enter the month day and year the class is expected to end.

• County:- Mark the county in which the class is being held.

It is critical that these records be returned immediately upon completion of the course!

INSTRUCTORS WILL BE PROVIDED WITH A POSTAGE PAID RETURN ENVELOPE. HANDLE ALL FORMS CAREFULLY. DO NOT STAPLE, XEROX OR FOLD FORMS BECAUSE THIS WILL INHIBIT THE ABILITY OF THE MACHINE READER TO PROCESS THE INFORMATION.


APPENDIX D

GOVERNMENTAL LIABILITY FOR NEGLIGENCE Act 170 of 1964 AN ACT to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts. History: 1964, Act 170, Eff. July 1, 1965;↓ Am. 1970, Act 155, Imd. Eff. Aug. 1, 1970;↓ Am. 1978, Act 141, Imd. Eff. May 11, 1978;↓ Am. 1986, Act 175, Imd. Eff. July 7, 1986;↓ Am. 2002, Act 400, Imd. Eff. May 30, 2002. Compiler's note: In Hyde v. University of Michigan Regents, 426 Mich 223 (1986), the Supreme Court stated that “1986 PA 175 was enacted, effective July 1, 1986.” Act 175 was approved by the Governor July 6, 1986, and filed with Secretary of State July 7, 1986. Popular name: Governmental Immunity Act

The People of the State of Michigan enact: 691.1401 Definitions. Sec. 1. As used in this act: (a) “Municipal corporation” means a city, village, or township or a combination of 2 or more of these when acting jointly. (b) “Political subdivision” means a municipal corporation, county, county road commission, school district, community college district, port district, metropolitan district, or transportation authority or a combination of 2 or more of these when acting jointly; a district or authority authorized by law or formed by 1 or more political subdivisions; or an agency, department, court, board, or council of a political subdivision. (c) “State” means the state of Michigan and its agencies, departments, commissions, courts, boards, councils, and statutorily created task forces and includes every public university and college of the state, whether established as a constitutional corporation or otherwise. (d) “Governmental agency” means the state or a political subdivision. (f) “Governmental function” is an activity that is expressly or impliedly mandated or authorized by constitution, statute, local

charter or ordinance, or other law. Governmental function includes an activity, as directed or assigned by his or her public employer for the purpose of public safety, performed on public or private property by a sworn law enforcement officer within the scope of the law enforcement officer's authority. (h) “Volunteer” means an individual who is specifically designated as a volunteer and who is acting solely on behalf of a

governmental agency. History: 1964, Act 170, Eff. July 1, 1965;↓ Am. 1986, Act 175, Imd. Eff. July 7, 1986;↓ Am. 1999, Act 205, Imd. Eff. Dec. 21, 1999;↓ Am. 2001, Act 131, Imd. Eff. Oct. 15, 2001. Compiler's note: Section 3 of Act 175 of 1986 provides: “(1) Sections 1, 7, and 13 of Act No. 170 of the Public Acts of 1964, as amended by this amendatory act, being sections 691.1401, 691.1407, and 691.1413 of the Michigan Compiled Laws, shall not apply to causes of action which arise before July 1, 1986. “(2) Section 6a of Act No. 170 of the Public Acts of 1964, as added by this amendatory act, shall apply to cases filed on or after July 1, 1986.” In Hyde v. University of Michigan Regents, 426 Mich 223 (1986), the Supreme Court stated that “1986 PA 175 was enacted, effective July 1, 1986.” Act 175 was approved by the Governor July 6, 1986, and filed with Secretary of State July 7, 1986. Enacting section 1 of Act 205 of 1999 provides: “Enacting section 1. Sections 1 and 2 of 1964 PA 170, MCL 691.1401 and 691.1402, as amended by this amendatory act, and section 2a, as added by this amendatory act, apply only to a cause of action arising on or after the effective date of this amendatory act.” Enacting section 1 of Act 131 of 2001 provides: “Enacting section 1. The provisions of this amendatory act do not limit or reduce the scope of a governmental function as defined by statute or common law.” Popular name: Governmental Immunity Act Rendered Thursday, January 05, 2006 Page 1 Michigan Compiled Laws Complete Through PA 269 and Acts 277-283 of 2005

691.1407 Immunity from tort liability; intentional torts; immunity of judge, legislator, official, and guardian ad litem; definitions. Sec. 7. (1) Except as otherwise provided in this act, a governmental agency is immune from tort liability if the governmental agency is engaged in the exercise or discharge of a governmental function. Except as otherwise provided in this act, this act does not modify or restrict the immunity of the state from tort liability as it existed before July 1, 1965, which immunity is affirmed. (2) Except as otherwise provided in this section, and without regard to the discretionary or ministerial nature of the conduct in question, each officer and employee of a governmental agency, each volunteer acting on behalf of a governmental agency, and each member of a board, council, commission, or statutorily created task force of a governmental agency is immune from tort


APPENDIX D (CONT.) liability for an injury to a person or damage to property caused by the officer, employee, or member while in the course of employment or service or caused by the volunteer while acting on behalf of a governmental agency if all of the following are met: (a) The officer, employee, member, or volunteer is acting or reasonably believes he or she is acting within the scope of his or her authority. (b) The governmental agency is engaged in the exercise or discharge of a governmental function. (c) The officer's, employee's, member's, or volunteer's conduct does not amount to gross negligence that is the proximate cause of the injury or damage. (3) Subsection (2) does not alter the law of intentional torts as it existed before July 7, 1986. (4) This act does not grant immunity to a governmental agency or an employee or agent of a governmental agency with respect to providing medical care or treatment to a patient, except medical care or treatment provided to a patient in a hospital owned or operated by the department of community health or a hospital owned or operated by the department of corrections and except care or treatment provided by an uncompensated tactical operation medical assistant. (5) A judge, a legislator, and the elective or highest appointive executive official of all levels of government are immune from tort liability for injuries to persons or damages to property if he or she is acting within the scope of his or her judicial, legislative, or executive authority. (6) A guardian ad litem is immune from civil liability for an injury to a person or damage to property if he or she is acting within the scope of his or her authority as guardian ad litem. This subsection applies to actions filed before, on, or after May 1, 1996. (7) As used in this section: (a) "Gross negligence" means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results. (b) "Tactical operation" means a coordinated, planned action by a special operations, weapons, or response team of a law enforcement agency that is either of the following: (i) Taken to deal with imminent violence, a riot, an act of terrorism, or a similar civic emergency. (ii) The entry into a building or area to seize evidence, or to arrest an individual for a felony, under the authority of a warrant issued by a court. (c) "Tactical operation medical assistant" means an individual licensed to practice 1 or more of the following, acting within the scope of the license, and assisting law enforcement officers while they are engaged in a tactical operation: (i) Medicine, osteopathic medicine and surgery, or as a registered professional nurse, under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838. (ii) As an emergency medical technician, emergency medical technician specialist, or paramedic under part 209 of the public health code, 1978 PA 368, MCL 333.20901 to 333.20979. History: 1964, Act 170, Eff. July 1, 1965;↓ Am. 1970, Act 155, Imd. Eff. Aug. 1, 1970;↓ Am. 1986, Act 175, Imd. Eff. July 7, 1986 ;↓ Am. 1996, Act 143, Eff. May 1, 1996;↓ Am. 1999, Act 241, Imd. Eff. Dec. 28, 1999;↓ Am. 2000, Act 318, Imd. Eff. Oct. 24, 2000; ↓ 2004, Act 428, Imd. Eff. Dec. 17, 2004. Compiler's note: Section 3 of Act 175 of 1986 provides: “(1) Sections 1, 7, and 13 of Act No. 170 of the Public Acts of 1964, as amended by this amendatory act, being sections 691.1401, 691.1407, and 691.1413 of the Michigan Compiled Laws, shall not apply to causes of action which arise before July 1, 1986. “(2) Section 6a of Act No. 170 of the Public Acts of 1964, as added by this amendatory act, shall apply to cases filed on or after July 1, 1986.” Enacting section 1 of Act 318 of 2000 provides: “Enacting section 1. This amendatory act applies only to a cause of action arising on or after the effective date of this amendatory act.” 691.1408 Claim or civil action against officer or employee of governmental agency for injuries caused by negligence; services of attorney; payment of claim; judgment for damages; indemnification; payment or settlement of judgment; criminal action against officer or employee of governmental agency; services of attorney; reimbursement for legal expenses; liability on governmental agency not imposed. Sec. 8. (1) Whenever a claim is made or a civil action is commenced against an officer, employee, or volunteer of a governmental agency for injuries to persons or property caused by negligence of the officer, employee, or volunteer while in the course of employment with or actions on behalf of the governmental agency and while acting within the scope of his or her authority, the governmental agency may pay for, engage, or furnish the services of an attorney to advise the officer, employee, or volunteer as to the claim and to appear for and represent the officer, employee, or volunteer in the action. The governmental agency may compromise, settle, and pay the claim before or after the commencement of a civil action. Whenever a judgment for damages is awarded against an officer, employee, or volunteer of a governmental agency as a result of a civil action for personal injuries or property damage caused by the officer, employee, or volunteer while in the course of employment and while acting within the scope of his or her authority, the governmental agency may indemnify the officer, employee, or volunteer or pay, settle, or compromise the judgment. (2) When a criminal action is commenced against an officer or employee of a governmental agency based upon the conduct of the officer or employee in the course of employment, if the employee or officer had a reasonable basis for believing that he or she was acting within the scope of his or her authority at the time of the alleged conduct, the governmental agency may pay for, engage, or furnish the services of an attorney to advise the officer or employee as to the action, and to appear for and represent the officer or


APPENDIX D (CONT.)

employee in the action. An officer or employee who has incurred legal expenses after December 31, 1975 for conduct prescribed in this subsection may obtain reimbursement for those expenses under this subsection. (3) This section does not impose liability on a governmental agency. History: 1964, Act 170, Eff. July 1, 1965;↓ Am. 1978, Act 141, Imd. Eff. May 11, 1978;↓ Am. 2002, Act 400, Imd. Eff. May 30, 2002.

691.1409 Liability insurance; waiver of defense. Sec. 9. (1) A governmental agency may purchase liability insurance to indemnify and protect the governmental agency against loss or to protect the governmental agency and an agent, officer, employee, or volunteer of the governmental agency against loss on account of an adverse judgment arising from a claim for personal injury or property damage caused by the governmental agency or its agent, officer, employee, or volunteer. A governmental agency may pay premiums for the insurance authorized by this section out of current funds. (2) The existence of an insurance policy indemnifying a governmental agency against liability for damages is not a waiver of a defense otherwise available to the governmental agency in the defense of the claim. History: 1964, Act 170, Eff. July 1, 1965;↓ Am. 2002, Act 400, Imd. Eff. May 30, 2002.

691.1410 Claims against state, political subdivision, or municipal corporation; procedure. Sec. 10. (1) Claims against the state authorized under this act shall be brought in the manner provided in sections 6401 to 6475 of the Revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.6401 to 600.6475 of the Michigan Compiled Laws, and against any political subdivision or municipal corporation by civil action in any court having jurisdiction. (2) Except as otherwise provided in this act, any claim that is authorized under this act shall be subject to the Revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.101 to 600.9947 of the Michigan Compiled Laws. History: 1964, Act 170, Eff. July 1, 1965;↓ Am. 1986, Act 175, Imd. Eff. July 7, 1986. Compiler's note: In Hyde v University of Michigan Regents, 426 Mich 223 (1986), the Supreme Court stated that “1986 PA 175 was enacted, effective July 1, 1986.” Act 175 was approved by the Governor July 6, 1986, and filed with Secretary of State July 7, 1986.

691.1411 Claim against government agency; limitation of actions. Sec. 11. (1) Every claim against any governmental agency shall be subject to the general law respecting limitations of actions except as otherwise provided in this section. (2) The period of limitations for claims arising under section 2 of this act shall be 2 years. (3) The period of limitations for all claims against the state, except those arising under section 2 of this act, shall be governed by chapter 64 of Act No. 236 of the Public Acts of 1961. History: 1964, Act 170, Eff. July 1, 1965. Constitutionality: This section does not deny the equal protection of the law. Forest v. Parmalee, 402 Mich. 348, 262 N.W.2d 653 (1978).

691.1413 Damage arising out of performance of proprietary function. Sec. 13. The immunity of the governmental agency shall not apply to actions to recover for bodily injury or property damage arising out of the performance of a proprietary function as defined in this section. Proprietary function shall mean any activity which is conducted primarily for the purpose of producing a pecuniary profit for the governmental agency, excluding, however, any activity normally supported by taxes or fees. No action shall be brought against the governmental agency for injury or property damage arising out of the operation of proprietary function, except for injury or loss suffered on or after July 1, 1965. History: 1964, Act 170, Eff. July 1, 1965;↓ Am. 1986, Act 175, Imd. Eff. July 7, 1986. Compiler's note: Section 3 of Act 175 of 1986 provides: Sections 1, 7, and 13 of Act No. 170 of the Public Acts of 1964, as amended by this amendatory act, being sections 691.1401, 691.1407, and 691.1413 of the Michigan Compiled Laws, shall not apply to causes of action which arise before July 1, 1986. Section 6a of Act No. 170 of the Public Acts of 1964, as added by this amendatory act, shall apply to cases filed on or after July 1, 1986.” In Hyde v University of Michigan Regents, 426 Mich 223 (1986), the Supreme Court stated that “1986 PA 175 was enacted, effective July 1, 1986.” Act 175 was approved by the Governor July 6, 1986, and filed with Secretary of State July 7, 1986. ♥ Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov

http://www.legislature.mi.gov/


PR0505 (REV. 10/27/10)

Michigan Department of Natural Resources

PUBLIC INCIDENT REPORT (See DNR Administrative Procedure 6.8-1).

Personal Injury Property Damage Complaint Other

BUREAU/DIVISION/OFFICE FACILITY (i.e. park, access site, hatchery name) DATE OF INCIDENT TIME

FACILITY ADDRESS EXACT LOCATION OF INCIDENT WITHIN FACILITY

NAME, ADDRESS, AGE OF PERSON(S) INVOLVED T

( ( (

DETAILS OF INCIDENT (Include number of persons involved, weather information, license numbers, type of vehicle or equipment, etc.)

WHAT CONDITION(S) OR HAZARD(S) CAUSED INCIDENT

ACTION TAKEN (Use reverse side, if needed)

WITNESS(ES) Name(s), Address(es) And Telephone Number( ( ) - ( ) - ( ) - ( ) - ( ) -

FIRST AID RENDERED (Explain how) BY WHOM (include telephone number)

DOCTOR OR HOSPITAL REFERRED TELEPHONE NO. LAW ENFORCEMENT AGENCIES RESPONDING TO CALL

( ) - ESTIMATED MATERIALS LABOR TOTAL COST TOTAL DAMAGE REPAIR COSTS $ $ $ DNR EMPLOYEES INVOLVED Name(s), Telephone Number(S) DNR EMPLOYEES INVOLVED Name(s),

REPORT NO.

ELEPHONE NUMBER(S)

) - ) - ) -

S) Statements

Statement attached Statement attached Statement attached Statement attached Statement attached

STAFF TIME INVOLVED

Telephone Number(S) ( ) - ( ) - ( ) - ( ) - ( ) - ( ) -

REPORTING EMPLOYEE'S SIGNATURE DATE FACILITY MANAGER'S SIGNATURE DATE

If this accident required the use of an Automated External Defibrillators (AED), the

R 7223, Reporting the MDNR Use of Automated External Defibrillators (AED), must also be completed


Michigan Department of Natural Resources

TRAVEL EXPENSE REIMBURSEMENT REQUEST BOARDS / COMMITTEES / COUNCILS

Members Name (Last, First, MI) Social Security Number Name of Board or Committee or Council Date of meeting

Mailing Address Location of meeting

City, State, ZIP Address

Telephone E-mail Address City, State ZIP ( ) From: City To: City Date Time am Miles Traveled pm From: City To: City Date Time am Miles Traveled pm From: City To: City Date Time am Miles Traveled pm From: City To: City Date Time am Miles Traveled

pm MILEAGE

TOTAL MILES TRAVELED

TOTAL MILES TRAVELED X ($ .565 PER MI) = $

Other Transportation $ TOTAL MILEAGE $

MEALS

Breakfast When travel commences prior to 6:00 am and extends beyond 8:30 am No. of Meals

@ $7.25

$ Lunch When travel commences prior to 11:30 am and extends beyond 2:00 pm

No. of Meals

@ $7.25

$ Dinner When travel commences prior to 6:30 pm and extends beyond 8:00 pm

No. of Meals

@ $16.50

$ TOTAL MEALS $

LODGING

Date City $

Date City $

REIMBURSABLE AT MAXIMUM OF $ 75.00 PER NIGHT, PLUS TAX – PROVIDE RECEIPT TOTAL LODGING $

MISC

$ $

TOTAL MISCELLANEOUS $

TOTAL REIMBURSEMENT REQUESTED $

Signature Date DNR USE ONLY

Index

Printed Name of DNRE Representative Signature Date PCA

Supervisor (please print) Signature Date


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