A
•For purposes of the Marine Safety Act, airboat means “a motorboat that is propelled, wholly or in part, by a propeller projecting above the water surface.” MCL 324.80101(a).
•For purposes of the ORV Act, the Marine Safety Act, and the Snowmobile Act, alcoholic liquor, means “that term as defined in . . . MCL 257.1d.” MCL 324.81101(a). MCL 257.1d defines alcoholic liquor as “any liquid or compound, whether or not medicated, proprietary, patented, and by whatever name called, containing any amount of alcohol including any liquid or compound described in . . . MCL 436.1105.” See MCL 324.80101(b); MCL 324.81101(a); MCL 324.82101(a).
•For purposes of MCL 8.9(10)(c), alcoholic liquor means “that term as defined in . . . MCL 436.1105.” MCL 8.9(10)(c)(i). MCL 436.1105(3) defines alcoholic liquor as “any spirituous, vinous, malt, or fermented liquor, powder, liquids, and compounds, whether or not medicated, proprietary, patented, and by whatever name called, containing 1/2 of 1% or more of alcohol by volume that are fit for use for food purposes or beverage purposes as defined and classified by the commission according to alcoholic content as belonging to 1 of the varieties defined in this chapter.”
•For purposes of MCL 324.80176(6) (Marine Safety Act), MCL 324.81134 (ORV Act), MCL 324.82127(6) (Snowmobile Act), and MCL 777.48, any bodily alcohol content means either of the following:
•An alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters or urine, or beginning October 1, 2021, an alcohol content of 0.02 grams or more but less than 0.10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
•Any presence of alcohol within a person’s body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as part of a generally recognized religious service or ceremony. MCL 324.80176(6)(a)-(b); MCL 324.81134(6)(a)-(b); MCL 324.82127(6)(a)-(b); MCL 777.48(2).
•Article 7 of the PHC means Article 7 of the Public Health Code, MCL 333.7101 et seq. Article 7 is the controlled substances article.
•For purposes of the Marine Safety Act, associated equipment means “any of the following that are not radio equipment:
(i) An original system, part, or component of a boat at the time that boat was manufactured, or a similar part or component manufactured or sold for replacement.
(ii) Repair or improvement of an original or replacement system, part, or component.
(iii) An accessory or equipment for, or appurtenance to, a boat.
(iv) A marine safety article, accessory, or equipment intended for use by a person on board a boat.” MCL 324.80101(d).
•For purposes of the Personal Watercraft Act, associated equipment means “any of the following that are not radio equipment:
(i) An original system, part, or component of a personal watercraft at the time that boat was manufactured, or a similar part or component manufactured or sold for replacement.
(ii) Repair or improvement of an original or replacement system, part, or component.
(iii) An accessory or equipment for, or appurtenance to, a personal watercraft.
(iv) A marine safety article, accessory, or equipment intended for use by a person on board a boat.” MCL 324.80201(a).
•For purposes of the ORV Act, ATV means “a vehicle with 3 or more wheels that is designed for off-road use, has low-pressure tires, has a seat designed to be straddled by the rider, and is powered by a 50cc to 1,000cc gasoline engine or an engine of comparable size using other fuels.” MCL 324.81101(b).
B
•For purposes of the Marine Safety Act, boat means “a vessel.” MCL 324.80101(e).
•For purposes of the Marine Safety Act, boating safety certificate means “any of the following:
(i) The document issued by the [DNR] under [MCL 324.80201 et seq.,] that certifies that the individual named in the document has successfully completed a boating safety course and passed an examination approved and administered as required under [MCL 324.80212].
(ii) A document issued by the United States coast guard auxiliary or United States power squadron that certifies that the individual named in the document has successfully completed a United States coast guard auxiliary course concerning boating safety.
(iii) A written rental agreement provided to an individual named in the rental agreement entered into under [MCL 324.44522] only on the date or dates indicated on the rental agreement while the named individual is operating a personal watercraft leased, hired, or rented from a boat livery.” MCL 324.80101(g).
•For purposes of the Personal Watercraft Act, boating safety certificate means “either of the following:
(i) The document issued by the [DNR] under [MCL 324.80201 et seq.,] that certifies that the individual named in the document has successfully completed a boating safety course and passed an examination approved and administered as required under [MCL 324.80211].
(ii) A document issued by the United States coast guard auxiliary that certifies that the individual named in the document has successfully completed a United States coast guard auxiliary course concerning boating safety.
(iii) A written rental agreement provided to an individual named in the rental agreement entered into under [MCL 324.44522] only on the date or dates indicated on the rental agreement while the named individual is operating a personal watercraft leased, hired, or rented from a boat livery.” MCL 324.80201(c).
•For purposes of the Marine Safety Act, boating safety course means “a course that meets both of the following requirements:
(i) Provides instruction on the safe operation of a personal watercraft that meets or exceeds the minimum course content for boating or personal watercraft education established by the national association of state boating law administrators education committee (October 1996), a province of the commonwealth of Canada, or another country.
(ii) Is approved by the [DNR].” MCL 324.80101(h).
•For purposes of the Personal Watercraft Act, boating safety course means “a course that meets both of the following requirements:
(i) Provides instruction on the safe operation of a personal watercraft that meets or exceeds the minimum course content for boating or personal watercraft education established by the national association of state boating law administrators education committee (October 1996).
(ii) Is approved by the [DNR].” MCL 324.80201(d).
C
•For purposes of the Personal Watercraft Act, channel means “either of the following:
(i) The deepest part of a stream, bay, or [strait] through which the main current flows.
(ii) The part of a body of water deep enough for navigation through an area otherwise not suitable for navigation that is marked by a single or double line of navigational aids or range markers.” MCL 324.80201(e).
•For purposes of MCL 324.80142, charter boat means “a vessel or other nonmotorized raft that is rented or offered for rent to carry passengers for hire if the owner or the owner’s agent retains possession, command, and control of the vessel. MCL 324.80142(4); MCL 324.44501(c).
•For purposes of MCL 324.80142, class C vessel means “a vessel, except a sailboat, that carries for hire on inland waters more than 6 passengers.” MCL 324.80142(4); MCL 324.44501(f).
•For purposes of MCL 324.82118(1)(c), Consumer Price Index means “the most comprehensive index of consumer prices available for [Michigan] from the Bureau of Labor Statistics of the United States Department of Labor.”
•For purposes of the ORV act, controlled substance means “a drug, substance, or immediate precursor included in schedules 1 to 5 of [MCL 333.7201 et seq.]” MCL 333.7104(3); MCL 324.81134(1).
•For purposes of MCL 8.9(10)(c) and the Marine Safety Act, controlled substance means “that term as defined in [MCL 333.7104].” MCL 8.9(10)(c)(ii); MCL 324.80101(i). MCL 333.7104(3) defines controlled substance as “a drug, substance, or immediate precursor included in schedules 1 to 5 of [MCL 333.7201 et seq.]”
•For purposes of the Snowmobile Act, conviction means “a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, or a finding of guilt or probate court disposition on a violation of [MCL 324.82101 et seq.], regardless of whether the penalty is rebated or suspended.” MCL 324.82101(d).
•For purposes of the ORV Act, county road means “a county primary road or county local road as described in [MCL 247.655], or a segment thereof.” MCL 324.81101(d).
D
•For purposes of MCL 324.80156, dB(A) means “decibels on the ‘A’ scale on a sound meter having characteristics of a general purpose sound meter as defined by American national standards institute S1.4-1983.” MCL 324.80156(5).
•For purposes of the ORV Act, dealer means “a person engaged in the sale, lease, or rental or an ORV as a regular business or, for purposes of selling licenses under [MCL 324.81116], any other person authorized by the [DNR] to sell licenses or permits, or both, under [MCL 324.81101 et seq.]” MCL 324.81101(e).
•For purposes of the Personal Watercraft Act, dealer means “a person and an authorized representative of that person who annually purchases from a manufacturer, or who is engaged in selling and manufacturing, 6 or more personal watercraft that required certificates of number under [MCL 324.80101 et seq.]” MCL 324.80201(f).
•For purposes of MCL 769.31 and MCL 769.34, departure “means a sentence imposed that is not within the appropriate minimum sentence range established under the sentencing guidelines set forth in [MCL 777.1 et seq.].” MCL 769.31(a).
•For purposes of the ORV Act, designated, unless the context implies otherwise, means “posted by the department, with appropriate signs, as open for ORV use.” MCL 324.81101(f).
•Mich Admin Code, R 299.921(d) defines desginated as “listed in a director’s order, posted with a sign or signs at the site, or reasonably identified for a particular use[.]”
•For purposes of the ORV Act, designated area means “an area that has been properly signed on the ground for cross-country ORV use.” Mich Admin Code, R 299.921(d)(i).
•For purposes of the ORV Act, designated route means “any road that has been properly signed on the ground for ORV use.” Mich Admin Code, R 299.921(d)(v).
•For purposes of the ORV Act, designated trail means “a path or way which is capable of travel by a 2- to 4-wheel vehicle not more than 50 inches in width and properly signed on the ground for ORV use.” Mich Admin Code, R 299.921(d)(vi).
•For purposes of the Personal Watercraft Act, director means “the director of the [DNR].” MCL 324.80201(h).
E
•For purposes of the ORV Act, event means “a single, structured, organized, consolidated, scheduled meeting or occurrence on state-owned land and to which 1 or both of the following apply: (i) [a] fee or donation is required for participation[;] (ii) [t]he number of people involved is 20 or more individuals.” Mich Admin Code, R 299.921(e).
F
Felony in which a snowmobile was used
•For purposes of MCL 324.82157(5) and MCL 324.82157(7), felony in which a snowmobile was used means “a felony during the commission of which the person operated a snowmobile and while operating the snowmobile presented real or potential harm to persons or property and 1 or more of the following circumstances existed:
(a) The snowmobile was used as an instrument of the felony.
(b) The snowmobile was used to transport a victim of the felony.
(c) The snowmobile was used to flee the scene of a felony.
(d) The snowmobile was necessary for the commission of the felony.” MCL 324.82157(4).
Felony in which a vessel was used
•For purposes of MCL 324.80131(5) and MCL 324.80131(7), felony in which a vessel was used means “a felony during the commission of which the person operated a vessel and while operating the vessel presented real or potential harm to persons or property and 1 or more of the following circumstances existed:
(a) The vessel was used as an instrument of the felony.
(b) The vessel was used to transport a victim of the felony.
(c) The vessel was used to flee the scene of a felony.
(d) The vessel was necessary for the commission of a felony.” MCL 324.80131(4).
•For purposes of the ORV Act, forest road means “a hard surfaced road, gravel or dirt road, or other route capable of travel by a 2-wheel drive, 4-wheel conventional vehicle designed for road use. Forest road does not include a street, county road, or highway.” MCL 324.81101(h). See also Mich Admin Code, R 299.921(g).1
•For purposes of the ORV Act, forest trail means “a designated path or way that is not a route.” MCL 324.81101(i).
G
•As used in MCL 324.81131(15), gross negligence means “conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.”
H
•For purposes of the ORV Act, highway means “a state trunk line highway or a segment of a state trunk line highway.” MCL 324.81101(j).
•For purposes of the Snowmobile Act, highway means “the entire width between the boundary lines of every way publicly maintained if any part of it is open to public use for vehicular travel.” MCL 324.82101(h).
•For purposes of the Snowmobile Act, historic snowmobile means “a snowmobile that is over 25 years old and that is owned solely as a collector’s item and for occasional use and for participation in club activities, exhibitions, tours, parades, and similar uses, including mechanical testing.” MCL 324.82101(i).
•For purposes of MCL 324.80124, historic vessel means “[a] vessel that is 30 years of age or older and not used other than in club activities, exhibitions, tours, parades, and other similar activities[.]” MCL 324.80124(21).
I
•For purposes of Article 7 of the PHC, industrial hemp “means that term as defined in . . . MCL 333.27953.” MCL 333.7106(2).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), industrial hemp “means any of the following:
(i) A plant of the genus Cannabis, whether growing or not, with a THC concentration of 0.3% or less on a dry-weight basis.
(ii) A part of a plant of the genus Cannabis, whether growing or not, with a THC concentration of 0.3% or less on a dry-weight basis.
(iii) The seeds of a plant of the genus Cannabis with a THC concentration of 0.3% or less on a dry-weight basis.
(iv) If it has a THC concentration of 0.3% or less on a dry-weight basis, a compound, manufacture, derivative, mixture, preparation, extract, cannabinoid, acid, salt, isomer, or salt of an isomer of any of the following:
(A) A plant of the genus Cannabis.
(B) A part of a plant of the genus Cannabis.
(v) A product to which 1 of the following applies:
(A) If the product is intended for human or animal consumption, the product, in the form in which it is intended for sale to a consumer, meets both of the following requirements:
(I) Has a THC concentration of 0.3% or less on a dry-weight or per volume basis.
(II) Contains a total amount of THC that is less than or equal to the limit established by the cannabis regulatory agency under [MCL 333.27958(1)(n)].
(B) If the product is not intended for human or animal consumption, the product meets both of the following requirements:
(I) Contains a substance listed in subparagraph (i), (ii), (iii), or (iv).
(II) Has a THC concentration of 0.3% or less on a dry-weight basis.” MCL 333.27953(f).
•For purposes of MCL 8.9(10)(c), ingestion “means to have eaten, drunk, ingested, inhaled, injected, or topically applied, or to have performed any combination of those actions, or otherwise introduced into the body.” MCL 8.9(10)(c)(iii).
•For purposes of MCL 8.9, intoxicated or impaired “includes, but is not limited to, a condition of intoxication resulting from the ingestion of alcoholic liquor, a controlled substance, or alcoholic liquor and a controlled substance.” MCL 8.9(10)(c).
•For purposes of the Marine Safety Act, issuing authority means “the United States coast guard or a state that has a numbering system approved by the United States coast guard.” MCL 324.80102(c).
L
•For purposes of the Marine Safety Act, ORV Act, and Snowmobile Act, law of another state means “a law or ordinance enacted by any of the following:
(i) Another state.
(ii) A local unit of government in another state.
(iii) Canada or a province or territory of Canada.
(iv) A local unit of government in a province or territory of Canada.” MCL 324.80102(d); MCL 324.81101(m); MCL 324.82101(k).
•For purposes of the Marine Safety Act, lifeboat means “a small boat designated and used solely for lifesaving purposes, and does not include a dinghy, tender, speedboat, or other type of craft that is not carried aboard a vessel for lifesaving purposes.” MCL 324.80102(e).
•For purposes of the ORV Act, local unit of government means “a county, township, or municipality.” MCL 324.81101(n).
M
•For purposes of the ORV Act, maintained portion means “the roadway and any shoulder of a street, county road, or highway.” MCL 324.81101(o).
•For purposes of the Marine Safety Act, manufacturer means “a person engaged in any of the following:
(i) The manufacture, construction, or assembly of boats or associated equipment.
(ii) The manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly.
(iii) The importation of a boat or associated equipment into the state for sale.” MCL 324.80103(a).
•For purposes of the ORV Act, manufacturer means “a person, partnership, corporation, or association engaged in the production and manufacture of ORVs as a regular business.” MCL 324.81101(p).
•For purposes of the Personal Watercraft Act, manufacturer means “a person engaged in any of the following:
(i) The manufacture, construction, or assembly of personal watercraft or associated equipment.
(ii) The manufacture or construction of components for personal watercraft and associated equipment to be sold for subsequent assembly.
(iii) The importation of a personal watercraft or associated equipment into the state for sale.” MCL 324.80201(i).
•For purposes of Article 7 of the PHC, the Michigan Medical Marihuana Act, the Medical Marihuana Facilities Licensing Act, and the Marihuana Tracking Act, marijuana or marihuana “means that term as defined in . . . MCL 333.27953.” MCL 333.7106(4); MCL 333.26423(e); MCL 333.27102(k); MCL 333.27902(d).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), marijuana or marihuana “means any of the following:
(i) A plant of the genus Cannabis, whether growing or not.
(ii) A part of a plant of the genus Cannabis, whether growing or not.
(iii) The seeds of a plant of the genus Cannabis.
(iv) Marihuana concentrate.
(v) A compound, manufacture, salt, derivative, mixture, extract, acid, isomer, salt of an isomer, or preparation of any of the following:
(A) A plant of the genus Cannabis.
(B) A part of a plant of the genus Cannabis.
(C) The seeds of a plant of the genus Cannabis.
(D) Marihuana concentrate.
(vi) A marihuana-infused product.
(vii) A product with a THC concentration of more than 0.3% on a dry-weight or per volume basis in the form in which it is intended for sale to a consumer.
(viii) A product that is intended for human or animal consumption and that contains, in the form in which it is intended for sale to a consumer, a total amount of THC that is greater than the limit established by the cannabis regulatory agency under [MCL 333.27958(1)(n)].” MCL 333.27953(h).
Marihuana “does not include any of the following:
(i) The mature stalks of the plant of the genus Cannabis.
(ii) Fiber produced from the mature stalks of a plant of the genus Cannabis.
(iii) Oil or cake made from the seeds of a plant of the genus Cannabis.
(iv) A compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks of a plant of the genus Cannabis.
(v) Industrial hemp.
(vi) An ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products.
(vii) A drug for which an application filed in accordance with 21 USC 355 is approved by the Food and Drug Administration.” MCL 333.27953(i).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), marihuana concentrate “means the resin extracted from any part of the plant of the genus Cannabis.” MCL 333.27953(k).
•For purposes of the Michigan Regulation and Taxation of Marihuana Act (MRTMA), marihuana-infused product “means a topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.” MCL 333.27953(n).
•For purposes of the Marine Safety Act, marine law means “[MCL 324.80101 et seq.], a local ordinance adopted in conformity with [MCL 324.80101 et seq.], or a rule promulgated under [MCL 324.80101 et seq.]” MCL 324.80103(b).
•For purposes of the Marine Safety Act, marine safety act means “former Act No. 303 of the Public Acts of 1967.” MCL 324.80103(c).
•For purposes of the Marine Safety Act, marine safety program means “marine law enforcement, search and rescue operations, water safety education, recover of drowned bodies, and boat livery inspections.” MCL 324.80103(d).
•For purposes of the Marine Safety Act, motorboat means “a vessel propelled wholly or in part by machinery.” MCL 324.80103(f).
•For purposes of the ORV Act, municipality means “a city or village.” MCL 324.81101(q).
O
•For purposes of the ORV Act, off-road vehicle account means “the off-road vehicle account of the Michigan conservation and recreation legacy fund established in [MCL 324.2015].” MCL 324.81101(r).
•For purposes of the Marine Safety Act, operate means “to be in control of a vessel while the vessel is under way and is not secured in some manner such as being docked or at anchor.” MCL 324.80103(g). However, for purposes of MCL 324.80176 in the Marine Safety Act, operate means “to be in control of a vessel propelled wholly or in part by machinery while the vessel is underway and is not docked, at anchor, idle, or otherwise secured.” MCL 324.80176(8).
•For purposes of the ORV Act, operate means “to ride in or on, and be in actual physical control of, the operation of an ORV.” MCL 324.81101(s).
•For purposes of the Personal Watercraft Act, operate means “to be in control of a personal watercraft while the personal watercraft is under way and is not docked or at anchor or secured in another way.” MCL 324.80201(j).
•For purposes of the Snowmobile Act, operate means “to ride in or on and be in actual physical control of the operation of a snowmobile.” MCL 324.82101(l). However, for purposes of MCL 324.82126 in the Snowmobile Act and “[n]otwithstanding [MCL 324.82101],” operate means “to cause to function, run, or manage.” MCL 324.82126(6).
•For purposes of the Marine Safety Act, operator means “the person who is in control or in charge of a vessel while that vessel is underway.” MCL 324.80103(h).
•For purposes of the ORV Act, operator means “an individual who operates or is in actual physical control of the operation of an ORV.” MCL 324.81101(t).
•For purposes of the Personal Watercraft Act, operator means “the person who is in control or in charge of a personal watercraft while that vessel is under way.” MCL 324.80201(k).
•For purposes of the Snowmobile Act, operator means “any individual who operates a snowmobile.” MCL 324.82101(m).
•For purposes of the ORV Act, ORV, or, unless the context implies a different meaning, vehicle means “a motor driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain. A multitrack or multiwheel drive vehicle, a motorcycle or related 2-wheel vehicle, a vehicle with 3 or more wheels, an amphibious machine, a ground effect air cushion vehicle, or other means of transportation may be an ORV. An ATV is an ORV. ORV or vehicle does not include a registered snowmobile, a farm vehicle being used for farming, a vehicle used for military, fire, emergency, or law enforcement purposes, a vehicle owned and operated by a utility company or an oil or gas company when performing maintenance on its facilities or on property over which it has an easement, a construction or logging vehicle used in performance of its common function, or a registered aircraft.” MCL 324.81101(u). See also Mich Admin Code, R 299.921(h).2
•For purposes of the ORV Act, ORV safety certificate means “an ORV safety certificate issued under [MCL 324.81130] or, except as used in [MCL 324.81130], a comparable safety certificate issued under the authority of another state or province of Canada.” MCL 324.81101(v).
•For purposes of the ORV Act, owner means any of the following:
“(i) A vendee or lessee of an ORV that is the subject of an agreement for the conditional sale or lease of the ORV, with the right of purchase upon performance of the conditions stated in the agreement, and with an immediate right of possession vested in the conditional vendee or lessee.
(ii) A person renting an ORV, or having the exclusive use of an ORV, for more than 30 days.
(iii) A person who holds legal ownership of an ORV.” MCL 324.81101(w).
•For purposes of the Snowmobile Act, owner means any of the following:
(i) A person that holds the legal title to a snowmobile.
(ii) A vendee or lessee of a snowmobile that is the subject of an agreement for conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee.
(iii) A person renting a snowmobile or having the exclusive use of a snowmobile for more than 30 days.” MCL 324.82101(n).
•For purposes of the Marine Safety Act, owner means “a person who claims or is entitled to lawful possession of a vessel by virtue of that person’s legal title or equitable interest in a vessel.” MCL 324.80103(i). See also Williams v Kennedy, 316 Mich App 612, 617-619 (2016) (holding that a seller of a boat is not an owner under MCL 324.80103(i) “during the period after a seller delivers the certificate of title to a purchaser but before the transfer of title has been registered with the Secretary of State[,]” because at that time the seller never claimed, nor was he entitled to, lawful possession by virtue of legal title or equitable interest after receiving full payment for the boat and delivering the certificate of title to the purchaser).
•For purposes of the Personal Watercraft Act, owner means “a person who claims or is entitled to lawful possession of a personal watercraft by virtue of that person’s legal title or equitable interest in a personal watercraft.” MCL 324.80201(l).
P
•For purposes of the Marine Safety Act, passenger means “an individual carried on board, attached to, or towed by a vessel, other than the operator.” MCL 324.80104(b).
•For purposes of the Marine Safety Act, peace officer means any of the following:
“(i) A sheriff.
(ii) A sheriff’s deputy.
(iii) A deputy who is authorized by a sheriff to enforce [MCL 324.80101 et seq.,] and who has satisfactorily completed at least 40 hours of law enforcement training, including training specific to [MCL 324.80101 et seq.]
(iv) A village or township marshal.
(v) An officer of the police department of a municipality.
(vi) An officer of the department of state police.
(vii) The director and conservation officers employed by the [DNR].” MCL 324.80104(c).
•For purposes of the ORV Act, peace officer means any of the following:
“(i) A sheriff.
(ii) A sheriff’s deputy.
(iii) A deputy who is authorized by a sheriff to enforce [MCL 324.81101 et seq.] and who has satisfactorily completed at least 40 hours of law enforcement training, including training specific to [MCL 324.81101 et seq.]
(iv) A village or township marshal.
(v) An officer of the police department of a municipality.
(vi) An officer of the department of state police.
(vii) The director and conservation officers employed by the [DNR].” MCL 324.81101(x).
•For purposes of the Personal Watercraft Act, peace officer means “1 or both of the following:
(i) A law enforcement officer as that term is defined in [MCL 28.602].
(ii) A deputy who is authorized by a sheriff to enforce [MCL 324.80201 et seq.,] and who has satisfactorily completed at least 40 hours of law enforcement training, including training specific to [MCL 324.80201 et seq.]” MCL 324.80201(m).
•For purposes of the Snowmobile Act, peace officer means any of the following:
“(i) A sheriff.
(ii) A sheriff’s deputy.
(iii) A deputy who is authorized by a sheriff to enforce [MCL 324.82101 et seq.,] and who has satisfactorily completed at least 40 hours of law enforcement training, including training specific to [MCL 324.82101 et seq.]
(iv) A village or township marshal.
(v) An officer of the police department of any municipality.
(vi) An officer of the Michigan state police.
(vii) The director and conservation officers employed by the [DNR].
(viii) A law enforcement officer who is certified under the commission on law enforcement standards act, [MCL 28.601 to MCL 28.615], and is policing within his or her jurisdiction.” MCL 324.82101(o).
•For purposes of the Personal Watercraft Act, person means “an individual, corporation, limited liability company, partnership, association, governmental entity, or other legal entity.” MCL 324.80201(n).
•For purposes of the ORV Act, person with a disability means an individual who has 1 or more of the following physical characteristics:
“(i) Blindness.
(ii) Inability, during some time of the year, to ambulate more than 200 feet without having to stop and rest.
(iii) Loss of use of 1 or both legs or feet.
(iv) Inability to ambulate without prolonged use of a wheelchair, walker, crutches, braces, or other device required to aid mobility.
(v) A lung disease from which the individual’s expiratory volume for 1 second, measured by spirometry, is less than 1 liter, or from which the individual’s arterial oxygen tension is less than 60 mm/hg of room air at rest.
(vi) A cardiovascular disease that causes the individual to measure between 3 and 4 on the New York heart classification scale, or that results in a marked limitation of physical activity by causing fatigue, palpitation, dyspnea, or anginal pain.
(vii) Other diagnosed disease or disorder including, but not limited to, severe arthritis or a neurological or orthopedic impairment that creates a severe mobility limitation.” MCL 324.81101(y).
Personal assistive mobility device
•For purposes of the ORV Act, personal assistive mobility device (PAMD) means “any device, including one that is battery-powered, that is designed solely for use by an individual with mobility impairment for locomotion and is considered as an extension of the individual. An individual whose disability requires use of a wheelchair or PAMD may use such equipment that meets this definition anywhere foot travel is allowed.” Mich Admin Code, R 299.921(l).
•For purposes of the Personal Watercraft Act, personal watercraft “means a vessel that meets all of the following requirements:
(i) Uses a motor-driven propeller or an internal combustion engine powering a water jet pump as its primary source of propulsion.
(ii) Is designed without an open load carrying area that would retain water.
(iii) Is designed to be operated by 1 or more persons positioned on, rather than within, the confines of the hull.” MCL 324.80201(o).
For purposes of the Michigan Medial Marihuana Act and the Medical Marihuana Facilities Licensing Act, plant “means any living organism that produces its own food through photosynthesis and has observable root formation or is in growth material.” MCL 333.26423(j); MCL 333.27102(u).
•For purposes of the Marine Safety Act, political subdivision means “a county, metropolitan authority, municipality, or combination of those entities in [Michigan].” MCL 324.80104(f). “If a body of water is located in more than 1 political subdivision, all of the subdivisions shall act individually in order to comply with [MCL 324.80101 et seq.], except that if the problem is confined to a specific area of the body of water, only the political subdivision in which the problem waters lie shall act.” MCL 324.80104(f).
•For purposes of the Personal Watercraft Act, political subdivision means “a county, metropolitan authority, municipality, or combination of those entities in [Michigan].” MCL 324.80201(p).
•For purposes of the Marine Safety Act, port means “left, and reference is to the port side of a vessel or to the left side of the vessel.” MCL 324.80104(g).
•For purposes of the Marine Safety Act, prior conviction means “a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
(i) A violation or an attempted violation of [MCL 324.80176(1), MCL 324.80176(3), MCL 324.80176(4), MCL 324.80176(5), MCL 324.80176(6), or MCL 324.80176(7)], except that only 1 violation or attempted violation of [MCL 324.80176(6)], a local ordinance substantially corresponding to [MCL 324.80176(6)], a law of another state substantially corresponding to [MCL 324.80176(6)], or a law of the United States substantially corresponding to [MCL 324.80176(6)] may be used as a prior conviction other than for enhancement purposes as provided in [MCL 324.80178a(1)(b).
(ii) Negligent homicide, manslaughter, or murder resulting from the operation of a vessel or an attempt to commit any of those crimes.
(iii) Former section 73, 73b, or 171(1) of the Marine Safety Act.” MCL 324.80104(h).
•For a violation of MCL 750.479a while operating a vessel, prior conviction means “the person had a previous conviction for a violation of [MCL 750.479a] while operating a vessel.” MCL 750.479a(9)(a)(ii).
•For purposes of the ORV Act, prior conviction means “a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
(i) A violation or an attempted violation of [MCL 324.81134(1), MCL 324.81134(3), MCL 324.81134(4), MCL 324.81134(5), MCL 324.81134(6), or MCL 324.81134(7)], except that only 1 violation or attempted violation of [MCL 324.81134(6)], a local ordinance substantially corresponding to [MCL 324.81134(6)], or a law of another state substantially corresponding to [MCL 324.81134(6)], or a law of the United States substantially corresponding to [MCL 324.81134(6)] may be used as a prior conviction other than for enhancement purposes as provided in [MCL 324.81134(11)(b).
(ii) Negligent homicide, manslaughter, or murder resulting from the operation of an ORV, or an attempt to commit any of those crimes.
(iii) Former section 81135.” MCL 324.81101(aa).
•For purposes of the Snowmobile Act, prior conviction means “a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
•(i) A violation or an attempted violation of [MCL 324.82127(1), MCL 324.82127(3), MCL 324.82127(4), MCL 324.82127(5), MCL 324.82127(6), or MCL 324.82127(7)], except that only 1 violation or attempted violation of [MCL 324.82127(6)], a local ordinance substantially corresponding to [MCL 324.82127(6)], or a law of another state substantially corresponding to [MCL 324.82127(6)], or a law of the United States substantially corresponding to [MCL 324.82127(6)] may be used as a prior conviction other than for enhancement purposes as provided in [MCL 324.82129a(1)(b)].
•(ii) Negligent homicide, manslaughter, or murder resulting from the operation of a snowmobile or an attempt to commit any of those crimes.
•(iii) Former section 15a(1), (3), (4), or (5) of 1968 PA 74.
•(iv) Former section 15a.” MCL 324.82101(q).
•For purposes of the ORV Act, properly signed on the ground means “that signs have been posted by the department to mark the location or boundary of a designated trail, route, or area.” Mich Admin Code, R 299.921(m).
•For purposes of the Snowmobile Act, probate court disposition means “the entry of a probate court order of disposition . . . for a child found to be within the provisions of [MCL 712A.1-MCL 712A.32].” MCL 324.82101(r).
•For purposes of the Marine Safety Act, prosecuting attorney “unless the context requires otherwise, means the attorney general, prosecuting attorney of a county, or attorney representing a political subdivision of government.” MCL 324.80104(j).
R
•For purposes of the Snowmobile Act, right-of-way means “that portion of a highway or street not including the roadway and any shoulder.” MCL 324.82101(u).
•For purposes of the ORV Act, roadway means “the portion of a street, county road, or highway improved, designed, or ordinarily used for travel by vehicles registered under the code. Roadway does not include the shoulder.” MCL 324.81101(cc).
•For purposes of the Snowmobile Act, roadway means “that portion of a highway or street improved, designated, or ordinarily used for vehicular travel. If a highway or street includes 2 or more separate roadways, the term roadway refers to any roadway separately, but not to all of the roadways collectively.” MCL 324.82101(v).
•For purposes of the ORV Act, route means “a forest road or other road that is designated for purposes of [MCL 324.81101 et seq.,] by the [DNR].” MCL 324.81101(dd).
S
Serious impairment of a body function
•For purposes of MCL 324.80134a (Marine Safety Act), MCL 324.80176(5) (Marine Safety Act), MCL 324.81134(5) (ORV Act), and MCL 324.82127(5) (Snowmobile Act), serious impairment of a body function “means that term as defined in . . . MCL 257.58c.” Under MCL 257.58c, serious impairment of a body function means:
“(a) Loss of a limb or loss of use of a limb.
(b) Loss of a foot, hand, finger, or thumb or loss of use of a foot, hand, finger, or thumb.
(c) Loss of an eye or ear or loss of use of an eye or ear.
(d) Loss or substantial impairment of a bodily function.
(e) Serious visible disfigurement.
(f) A comatose state that lasts for more than 3 days.
(g) Measurable brain or mental impairment.
(h) A skull fracture or other serious bone fracture.
(i) Subdural hemorrhage or subdural hematoma.
(j) Loss of an organ.”
Serious impairment of bodily function
•For purposes of MCL 324.82126c, serious impairment of bodily function “includes, but is not limited to, 1 or more of the following:
(a) Loss of a limb or use of a limb.
(b) Loss of a hand, foot, finger, or thumb or use of a hand, foot, finger, or thumb.
(c) Loss of an eye or ear or use of an eye or ear.
(d) Loss or substantial impairment of a bodily function.
(e) Serious visible disfigurement.
(f) A comatose state that lasts for more than 3 days.
(g) Measurable brain damage or mental impairment.
(h) A skull fracture or other serious bone fracture.
(i) Subdural hemorrhage or subdural hematoma.”
•For purposes of MCL 769.5, serious misdemeanor “means that term as defined in . . . MCL 780.811.” MCL 769.5(7).
•For purposes of the ORV Act, shoulder means “that portion of a street, county road, or highway contiguous to the roadway and generally extending the contour of the roadway, not designed for vehicular travel but maintained for the temporary accommodation or disabled or stopped motor vehicles otherwise permitted on the roadway.” MCL 324.81101(ff).
•For purposes of the Snowmobile Act, shoulder means “that portion of a highway or street on either side of the roadway that is normally snowplowed for the safety and convenience of vehicular traffic.” MCL 324.82101(w).
•For purposes of the Marine Safety Act, slow-no wake speed means “a very slow speed whereby the wake or wash created by the vessel would be minimal.” MCL 324.80104(l).
•For purposes of the Personal Watercraft Act, slow-no wake speed means “the use of a vessel at a very slow speed so that the resulting wake or wash is minimal.” MCL 324.80201(q).
•For purposes of the Snowmobile Act, snowmobile means “any motor-driven vehicle that is designed for travel primarily on snow or ice and that utilizes sled-type runners or skis, an endless belt tread, or any combination of these or other similar means of contact with the surface upon which it is operated, but is not a vehicle that must be registered under the [MVC].” MCL 324.82101(x).
•For purposes of the Marine Safety Act, the ORV Act, and the Snowmobile Act, specialty court program “means a program under any of the following:
(i) A drug treatment court as defined in . . . MCL 600.1060, in which the participant is an adult.
(ii) A DWI/sobriety court, as defined in . . . MCL 600.1084.
(iii) A hybrid of the programs under subparagraphs (i) and (ii).
(iv) A mental health court as defined in . . . MCL 600.1090.
(v) A veterans treatment court, as defined in . . . MCL 600.1200.” MCL 324.80104(m); MCL 324.81101(hh); MCL 324.82101(aa).
•For purposes of the Marine Safety Act, starboard means “right, and reference is to the starboard side of a vessel or to the right side of the vessel.” MCL 324.80104(n).
•For purposes of the ORV Act, street means “a city or village major street or city or village local street as described in [MCL 247.659], or a segment thereof.” MCL 324.81101(ii).
•For purposes of the Snowmobile Act, street means “the entire width between the boundary lines of every way publicly maintained if any part of it is open to public use for vehicular travel.” MCL 324.82101(h).
•For purposes of MCL 324.80205(5), sunset means “that time as determined by the National Weather Service.” MCL 324.80205(5).
T
•For purposes of the Marine Safety Act, tournament means “an organized water event of limited duration that is conducted according to a prearranged schedule.” MCL 324.80104(k).
•For purposes of the ORV Act, traffic lane means “a clearly marked lane on a roadway.” MCL 324.81101(jj).
Trailway municipal civil infraction
•For purposes of the RJA, trailway municipal civil infraction means “a municipal civil infraction involving the operation of a vehicle on a recreational trailway at a time, in a place, or in a manner prohibited by ordinance.” MCL 600.113(1)(g).
Type I personal flotation device
•“[A]n approved device designed to turn an unconscious person in the water from a face downward position to a vertical or slightly backward position, and to have more than 20 pounds of buoyancy.” Mich Admin Code, R 281.1234(1)(a).
Type II personal flotation device
•“[A]n approved device designed to turn an unconscious person in the water from a face down position to a vertical or slightly backward position and to have at least 15.5 pounds of buoyancy.” Mich Admin Code, R 281.1234(1)(b).
Type III personal flotation device
•“[A]n approved device designed to keep a conscious person in a vertical or slightly backward position and to have at least 15.5 pounds of buoyancy.” Mich Admin Code, R 281.1234(1)(c).
Type IV personal flotation device
•“[A]n approved device designed to be thrown to a person in the water and not worn.” Mich Admin Code, R 281.1234(1)(d). “It is designed to have at least 16.5 pounds of buoyancy.” Id.
U
•For purposes of the Marine Safety Act, undocumented vessel means “a vessel that does not have, and is not required to have, a valid marine document issued by the United States Coast Guard or federal agency successor to the United States Coast Guard.” MCL 324.80104(q).
•For purposes of the ORV Act, unmaintained portion means “the portion of a street, county road, or highway that is not the maintained portion.” MCL 324.81101(kk).
•For purposes of the Marine Safety Act, use means “operate, navigate, or employ.” MCL 324.80104(s).
V
•For purposes of the Marine Safety Act, vessel means “every description of watercraft used or capable of being used as a means of transportation on water.” MCL 324.80104(t).
•For purposes of MCL 750.479a, vessel means that term as defined in MCL 324.80104. MCL 750.479a(9)(c).
•For purposes of the Personal Watercraft Act, vessel means “every description of watercraft used or capable of being used as a means of transportation on water.” MCL 324.80201(s).
•For purposes of the ORV Act, visual supervision means “the direct observation of the operator with the unaided or normally corrected eye, where the observer is able to come to the immediate aid of the operator.” MCL 324.81101(ll).
W
•For purposes of the Marine Safety Act, waters of this state means “any waters within the territorial limits of this state, and includes those waters of the Great Lakes that are under the jurisdiction of this state.” MCL 324.80104(u).
•For purposes of the Personal Watercraft Act, waters of this state means “any waters within the territorial limits of this state, and includes those waters of the Great Lakes that are under the jurisdiction of this state.” MCL 324.80201(t).
Z
•For purposes of the Snowmobile Act, Zone 1 consists of all of the Upper Peninsula and Zones 2 and 3 consist of the Lower Peninsula. MCL 324.82101(bb)-MCL 324.82101(dd).