3.14Specified Snowmobile Sanctions
“When a person is convicted under [MCL 324.82152(1)], the snowmobile, if it is owned by that person, shall be ordered impounded for not less than 30 or more than 120 days from the date of judgment.” MCL 324.82153(1).
“An order of impoundment issued pursuant to [MCL 324.82153(1)] is valid throughout [Michigan]. Any peace officer may execute the impoundment order. The order shall include the implied consent of the owner of the snowmobile to the storage for insurance coverage purposes.” MCL 324.82153(2).
“The owner of a snowmobile impounded pursuant to [MCL 324.82153] is liable for expenses incurred in the removal and storage of the snowmobile whether or not the snowmobile is returned to him or her. The snowmobile shall be returned to the owner only if the owner pays the expenses for removal and storage. If redemption is not made or the snowmobile is not returned as provided in [MCL 324.82153] within 30 days after the time set in the impoundment order for return of the snowmobile, the snowmobile shall be considered abandoned.” MCL 324.82153(3).
“Nothing in [MCL 324.82153] affects the rights of a conditional vendor, chattel mortgage, or lessor of a snowmobile registered in the name of another person as owner who becomes subject to [MCL 324.82101 et seq.]” MCL 324.82153(4).
B.Court Order Not to Operate Snowmobile
“Immediately upon acceptance by the court of a plea of guilty or nolo contendere or upon entry of a verdict of guilty for a 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)] or a local ordinance substantially corresponding to [MCL 324.82127(1), MCL 324.82127(3), or MCL 324.82127(6)] whether or not the person is eligible to be sentenced as a multiple offender, the court shall consider all prior convictions established under [MCL 324.82130], except those convictions that, upon motion by the defendant, are determined by the court to be constitutionally invalid, and shall impose the following sanctions:
(a) For a conviction under [MCL 324.82127(4) or MCL 324.82127(5)], the court shall order, without an expiration date, that the person not operate a snowmobile.
(b) For a conviction under [MCL 324.82127(1)] or a local ordinance substantially corresponding to [MCL 324.82127(1)]:
(i) If the court finds that the person has no prior convictions within 7 years, the court shall order that the person not operate a snowmobile for not less than 6 months or more than 2 years and shall require that the person take and successfully complete the snowmobile safety education and training program before operating a snowmobile.
(ii) If the court finds that the person has 1 or more prior convictions within 7 years, the court shall order that the person not operate a snowmobile for a period of not less than 1 year or more than 2 years and shall require the person to take and successfully complete the snowmobile safety education and training program before operating a snowmobile.
(iii) If the court finds that the person has 2 or more prior convictions within 10 years, the court shall order, without an expiration date, that the person not operate a snowmobile.
(c) For a conviction under [MCL 324.82127(3)] or a local ordinance substantially corresponding to [MCL 324.82127(3)]:
(i) If the court finds that the convicted person has no prior conviction within 7 years, the court shall order that the person not operate a snowmobile for not less than 90 days or more than 1 year.
(ii) If the court finds that the person has 1 prior conviction within 7 years, the court shall order that the person not operate a snowmobile for not less than 6 months or more than 2 years.
(iii) If the court finds that the person has 2 or more prior convictions within 10 years, the court shall order, without an expiration date, the person not to operate a snowmobile.” MCL 324.82142.
C.Secretary of State Order Not to Operate Snowmobile For Specified Period of Time
“Notwithstanding a court order issued under [MCL 324.82127(1), MCL 324.82127(3), MCL 324.82127(4), or MCL 324.82127(5)], section 15a(1), (3), (4), or (5) of former 1968 PA 74, [MCL 324.82141–MCL 324.82142], or a local ordinance substantially corresponding to [MCL 324.82127(1) or MCL 324.82127(3)], or [MCL 324.82141–MCL 324.82142], if a court has not ordered a person not to operate a snowmobile as authorized by [MCL 324.82101 et seq.], the secretary of state shall issue an order that the person not operate a snowmobile as follows:
(a) For 90 days, upon receiving a record of the conviction of the person for a violation of [MCL 324.82127(3)], section 15a(3) of former 1968 PA 74, a local ordinance substantially corresponding to [MLC 324.82127(3)], or a law of another state substantially corresponding to [MCL 324.82127(3)], if the person has no prior convictions within 7 years for a violation of [MCL 324.82127(1), MCL 324.82127(3), MCL 324.82127(4), or MCL 324.82127(5)], section 15a(1), (3), (4), or (5) of former 1968 PA 74, or section 15a of former 1968 PA 74, a local ordinance substantially corresponding to [MCL 324.82127(1) or MCL 324.82127(3)] or section 15a of former 1968 PA 74, or a law of another state substantially corresponding to [MCL 324.82127(1), MCL 324.82127(3), MCL 324.82127(4), or MCL 324.82127(5)] or section 15a of former 1968 PA 74.
(b) For 1 year for a violation of [MCL 750.324, MCL 750.413, or MCL 750.414]; or a violation of [MCL 257.626(3) or MCL 257.626(4)].
(c) For 6 months, if the person has the following convictions within a 7-year period, whether under the law of [Michigan], a local ordinance substantially corresponding to a law of [Michigan] or a law of another state substantially corresponding to a law of [Michigan]:
(i) One conviction under [MCL 324.82127(1)], section 15a(1) of former 1968 PA 74, or section 15a of former 1968 PA 74.
(ii) Two convictions under [MCL 324.82127(3)], section 15a(3) of former 1968 PA 74, or section 15a of former 1968 PA 74.
(iii) One conviction under [MCL 324.82127(1)] or section 15a(1) of former 1968 PA 74 and 1 conviction under [MCL 324.82127(3)], section 15a(3) of former 1968 PA 74, or section 15a of former 1968 PA 74.
(iv) One conviction under [MCL 324.82127(4) or MCL 324.82127(5)] or section 15a(4) or (5) of former 1968 PA 74 followed by 1 conviction under [MCL 324.82127(3)] or section 15a(3) of former 1968 PA 74.” MCL 324.82147(1).
“If the secretary of state receives records of more than 1 conviction or probate court or family division of circuit court disposition of a person resulting from the same incident, a suspension shall be imposed only for the violation to which the longest period of suspension applies under [MCL 324.82147].” MCL 324.82147(2).
D.Secretary of State Order Not to Operate Snowmobile Without Expiration
“Upon receipt of the appropriate records of conviction, the secretary of state shall issue an order with no expiration date that the person not operate a snowmobile to a person having any of the following convictions, whether under a law of [Michigan], a local ordinance substantially corresponding to a law of [Michigan], or a law of another state substantially corresponding to a law of [Michigan]:
(a) Two convictions of a felony involving the use of a snowmobile within 7 years.
(b) Any combination of 2 convictions within 7 years for a violation of [MCL 324.82127(1)], section 15a(1) of former 1968 PA 74, or section 15a of former 1968 PA 74, as added by 1980 PA 402.
(c) One conviction under [MCL 324.82127(4) or MCL 324.82127(5)] or section 15a(4) or (5) of former 1968 PA 74.
(d) Any combination of 3 convictions within 10 years for a violation of [MCL 324.82127(1) or MCL 324.82127(3)], section 15a(1) or (3) of former 1968 PA 74, or section 15a of former 1968 PA 74, as added by 1980 PA 402.” MCL 324.82148(1).1
“The secretary of state shall issue an order with no expiration date that a person not operate a snowmobile notwithstanding a court order issued under [MCL 324.82142], or a local ordinance substantially corresponding to [MCL 324.82142]. The secretary of state shall not terminate an indefinite order issued under [MCL 324.82101 et seq.,] until both of the following occur:
(a) The later of the following:
(i) The expiration of not less than 1 year after the order was issued.
(ii) The expiration of not less than 5 years after the date of a subsequent issuance of an indefinite order occurring within 7 years after the date of a prior order.
(b) The person meets the requirements of the department of state.” MCL 324.82148(3).
“Multiple convictions or probate court dispositions resulting from the same incident shall be treated as a single violation for purposes of issuance of an order under [MCL 324.82148].” MCL 324.82148(4).
1.Judicial Review
“A person who is aggrieved by the issuance of an order by the secretary of state under [MCL 324.82148] may request a hearing with the secretary of state. The hearing shall be requested within 14 days after issuance of an order under [MCL 324.82148] by the secretary of state. If a hearing is requested, the secretary of sate shall hold the hearing in the same manner and under the same conditions as provided in [MCL 257.322].” MCL 324.82148(5).
“The hearing officer shall make a record of proceedings held under [MCL 324.82148(5)]. The record shall be prepared and transcribed in accordance with [MCL 24.286]. Upon notification of the filing of a petition for judicial review under [MCL 324.82150] and not less than 10 days before the matter is set for review, the hearing officer shall transmit to the court in which the petition is filed the original or certified copy of the official record of proceedings. The parties to the proceedings for judicial review may stipulate that the record be shortened. A party unreasonably refusing to stipulate to a shortened record may be taxed by the court in which the petition is filed for the additional costs. The court may permit subsequent corrections to the record.” MCL 324.82148(6).
“Judicial review of an administrative sanction under [MCL 324.82148] is governed by the law in effect at the time the offense was committed or attempted.” MCL 324.82148(7).
2.Failure to Answer Citation, Appear, or Comply with Court Order or Judgment
“If a person is charged with, or convicted of, a violation of [MCL 324.82127(1), MCL 324.82127(2), MCL 324.82127(3), MCL 324.82127(4), or MCL 324.82127(5)], former section 15a(1), (2), (3), (4), or (5) of Act No. 74 of the Public Acts of 1968, or a local ordinance substantially corresponding to [MCL 324.82127(1), MCL 324.82127(2), or MCL 324.82127(3)], and the person fails to answer a citation or a notice to appear in court, or for any matter pending, or fails to comply with an order or judgment of the court, including, but not limited to, paying all fines, costs, and crime victim’s rights assessments, the court shall immediately give notice by first-class mail sent to the person’s last known address that if the person fails to appear within 7 days after the notice is issued or fails to comply with the order or judgment of the court, including, but not limited to, paying all fines, costs, and crime victim’s rights assessments, within 14 days after the notice is issued, the secretary of state will issue an order with no expiration date that the person not operate a snowmobile.” MCL 324.82149(1). “If the person fails to appear within the 7-day period or fails to comply with the order or judgment of the court, including, but not limited to, paying all fines, costs, and crime victim rights assessments, within the 14-day period, the court shall immediately inform the secretary of state who shall immediately issue the order and send a copy to the person by personal service or first-class mail sent to the person’s last known address.” Id.
“An order imposed under [MCL 324.82149(1)] remains in effect until both of the following occur:
(a) The court informs the secretary of state that the person has appeared before the court and that all matters relating to the violation are resolved.
(b) The person has paid to the court a $25.00 administrative order processing fee.” MCL 324.82149(2).
E.Expiration of Order Not to Operate Snowmobile
“Whether of definite or indefinite length, an order not to operate a snowmobile does not expire until the person subject to the order pays an administrative processing fee of $125.00 to the secretary of state.” MCL 324.82155.
F.Failing to Comply with “No-Operate Order”: Cancellation of Snowmobile Certificate of Registration
“If a person is convicted of violating [MCL 324.82152(1)2], the court shall order cancellation of the certificate of registration for the snowmobile, unless the snowmobile was stolen or permission to use the snowmobile was not knowingly given.” MCL 324.82152(4).
“The secretary of state shall not issue a certificate of registration for a snowmobile whose registration is canceled until after the expiration of 90 days after the cancellation.” MCL 324.82152(4).
1 “The [DNR] shall seek to enter agreements with the appropriate agencies of other states, Canada, and provinces and territories of Canada for the sharing of records of convictions described in [MCL 324.82148(1)].” MCL 324.82148(2).
2 See Section 3.28 for more information on this offense.