The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5242 November 9, 1977 SNOWMOBILES: Operation on plowed portion of county roadways. Snowmobiles are generally prohibited from traveling on the plowed portion of county roadways. Travel on a plowed roadway is limited under 1968 PA 74, Sec. 12 to crossing a bridge or culvert, crossing the county road at a right angle, an emergency under authority of a law enforcement officer, or a special event under permit of a governmental unit. Honorable Joseph Mack State Senator The Capitol Lansing, Michigan You have requested my opinion on the following question: 'In the counties that are properly posted, is operation of a snowmobile legal on the plowed portion of the roadway?' 1968 PA 74; MCLA 257.1501, et seq; MSA 9.3200(1), et seq, provides for the registration and regulation of snowmobiles. Those definitions relevant to your inquiry appear in 1968 PA 74, supra, Sec. 1, as follows: '(h) 'Roadway' means that portion of a highway improved, designated, or ordinarily used for vehicular travel. If a highway includes 2 or more separate roadways the term roadway refers to any such roadway separately, but not to all such roadways collectively. (j) 'Right of way' means that portion of a highway less the roadway and any shoulder. '(k) 'Shoulder' means that portion of a highway on either side of the roadway which is normally snowplowed for the safety and convenience of vehicular traffic.' 1968 PA 74, supra, Sec. 12(e), provides as follows: 'Snowmobiles may be operated on a highway in a county road system, which is not normally snow-plowed for vehicular traffic, and on the right of way or shoulder when no right of way exists on a snowplowed highway in the county road system, outside the corporate limits of a city or village which is designated and marked for snowmobile use by the county road commission having jurisdiction. Upon request of a county road commission which has designated all county roads outside the corporate limits of a city or village for snowmobile use, the department of state highways shall erect at county road commission expense and maintain, in accordance with the Michigan manual of uniform traffic control devices standards, the basic snowmobile sign unit together with a supplemental panel stating 'permitted on right-of-way or shoulder of all (county name) roads--Act 74 of P. A. 1968' at the county line on all state trunk line highways and county roads.' (emphasis added) The definitions of 'right of way' and 'shoulder' as set forth in 1968 PA 74, Sec. 1, supra, exclude the roadway therefrom. It is noted, however, that there are exceptions to this general prohibition provided in other subsections of 1968 PA 74, Sec. 12, supra. Snowmobile travel is allowed: on plowed county roadways when necessary to cross a bridge or culvert if the snowmobile is brought to a complete stop and the driver yields the right of way to an approaching vehicle on the highway. [Sec. 12(b)]; in order to cross the roadway at right angles if the driver brings the snowmobile to a complete stop and yields the right of way to all incoming traffic. [Sec. 12(d)]; under the authority of a law enforcement officer when an emergency occurs and conventional vehicle cannot be used because of ice or snow. [Sec. 12(f)]; and for a special event under permit from the governmental unit having jurisdiction. [Sec. 12(g)]. Accordingly, except as noted, it is my opinion that the above-quoted language clearly prohibits snowmobile travel on plowed county roadways. Frank J. Kelley Attorney General