Wendy M. Schiller-Nichols

In The News

Wednesday, May 2, 2012

WILL AUTOMOBILE ACCIDENTS INCREASE WITH PROPOSED LEGISLATION OF OFF-ROAD VEHICLES ACCESSING PUBLIC ROADS

By Michael Nichols
Categories: Wendy M. Schiller-Nichols

Under new legislation, Off-Road Vehicles (ORVs) may be allowed on street shoulders. House Bill 4925 permits all counties in the State of Michigan to allow ORVs on the side of local roads and streets, but not State primary roads such as Interstates. The County Road Commissions can elect to close specific roads to ORVs for public safety or to protect the environment; however, they cannot close more than 30% of the roads. This means that you can expect to see more ORVs share 70% of the roads you drive your vehicle on.     

Ed Noyola, the Deputy Director for the County Road Association of Michigan, opposes the bill.  His concern that ORV traffic would create damage to road shoulders, ditches and personal property. The Michigan Department of Transportation (MDOT) also is concerned that local governments have the authority to permit ORV travel on the sides of roads.  Kelly Barlett, MDOT’s Director of Governmental Affairs, said, “[t]There is a breach between the governmental unit that is responsible for this road network and this decision-making process.  We think that’s problematic.” MDOT would like to see Road Commissions have more say in the process.
 
Earlier this year, Gov. Rick Snyder recommended increasing the ORV License Fee from $16.25 per year to $35.00 starting in fiscal 2013. For the following year, he recommended increasing it to $45.00. The last time Michigan had an ORV License Fee increase was in 1996, wherein it went from $10.00 to $16.25.
 
Bill Gilbert, Founder and Director of M.O.R.A (Michigan Off-Road Safety Association), agrees a fee increase is needed but he wants more accountability for the use of those funds. The State’s ORV trail program has been dipping into reserve funds as expenses have exceeded revenues.  The trail improvement reserve fund is expected to drop to zero by the end of this fiscal year in September.
 
If you have been injured in an ORV accident, contact Attorney Wendy Schiller-Nichols.

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Peer Recognition

Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.