Horses and animal-drawn vehicles predate motor vehicles by hundreds of years as the primary mode of transportation on public roads. Even though gasoline-powered cars and truck rule the road these days, it is still a likely occurrence to encounter horse-back riders or animal-drawn carriages on Michigan’s rural highways. This blog article will explain how the Michigan Vehicle Code applies to operators of horses and animal-drawn vehicles on public roads.
MICHIGAN VEHICLE CODE RIGHTS AND RESPONSIBILITIES APPLY GENERALLY
According to the Michigan Vehicle Code, a “vehicle” means “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks…”. MCL 257.79. However, “[a] person riding an animal or driving an animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all the duties, criminal penalties, and civil sanctions applicable to the driver of a vehicle by this chapter [of the Michigan Vehicle Code], except those provisions of this chapter which by their very nature may not have application.” MCL 257.604. While using roadways, these animals and animal-powered devices must follow the same rules to the greatest extent possible that other vehicles are subject to.
For horseback riders, this means that the speed limit would have to be obeyed, stop signs have to be respected, other motor vehicles must be yielded to when required, and hand signals must be used when turning. Obviously, a horse would not be subject to those provisions that “by their very nature may not have application” such as headlamps, windshield wipers, brake lights and proper tires. Horses would also be barred from limited access highways as they constitute “nonmotorized traffic”. MCL 257.679a.
Horse-drawn buggies on roadways are also treated like other vehicles with additional provisions not necessarily applicable to horses alone. As a “vehicle which has a maximum potential speed of 25 miles an hour”, a horse-drawn buggy would be subject to the requirement to mount an orange reflective triangle on the rear to identify a slow-moving vehicle. MCL 257.688(1)(g). This orange reflective triangle would also be required under MCL 257.688(1)(g) as a horse-drawn buggy qualifies as an “implement of husbandry” since it is a “vehicle designed to be drawn by… an animal.” MCL 257.21.
COMMON CIVIL INFRACTIONS AND CRIMINAL OFFENSES APPLICABLE TO ANIMALS AND ANIMAL-POWERED VEHICLES
The most common complaint from motor vehicle drivers about horseback riders and horse-drawn carriages on the road is the slow speeds by which they operate. MCL 257.676(b) states “[a] person, without authority, shall not block, obstruct, impede, or otherwise interfere with the normal flow of vehicular or pedestrian traffic upon a public street or highway in this state, by means of a barricade, object, or device, or with his or her person.” Impeding traffic is a civil infraction punishable by a fine. If a line of traffic forms behind a horse or horse-drawn buggy, the driver can be liable for impeding traffic unless he or she moves over and allows traffic to flow normally.
As vehicles, horseback riders or animal-drawn devices are responsible for the same moving violations as motor vehicles such as careless driving, speeding and running through stop signs. Whether on horseback or in a car, the consequences for the moving violations are treated the same. “A person who commits a moving violation while operating a vehicle upon a highway or other place open to the general public, including, but not limited to, an area designated for the parking of motor vehicles, that causes serious impairment of a body function to another person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.” MCL 257.601d(2). 6 points will also be added to your driving record and your driver’s license will be suspended one year. In addition, “[a] person who commits a moving violation while operating a vehicle upon a highway or other place open to the general public, including, but not limited to, an area designated for the parking of motor vehicles, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both, if the moving violation was the proximate cause of the death of another person.” MCL 257.601d(1). 6 points will also be added to your driving record and your driver’s license will be revoked at least one year.
Horseback riders or animal-drawn devices can also be liable for reckless driving. “A person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public, including, but not limited to, an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.” MCL 257.626(2). In addition, 6 points will be added to your driving record and your license will be suspended 90 days. If the reckless driving “causes serious impairment of a body function to another person”, then the operator “is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both.” MCL 257.626(3). 6 points will also be added to your driving record and your Michigan license will be revoked. If the reckless driving “causes the death of another person”, then the operator “is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both.” MCL 257.626(4). For this offense, 6 points will be added to your driving record and your Michigan license will be revoked.
Finally, horseback riders and animal-drawn buggy operators can even be liable for DUI offenses. “A person, whether licensed or not, shall not operate a vehicle on a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated.” MCL 257.625(1). It doesn’t matter if the impairment was caused by alcohol or drugs. The penalties for operating while intoxicated are as follows:
- For a first offense, the penalty is a misdemeanor conviction punishable by:
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- A fine between $100.00 and $500.00
- Jail sentence up to 93 days.
- Community service up to 360 hours.
- Driver’s License is suspended for the first 30 days, then restricted for the following 150 days with no hardship appeal.
- Possible vehicle immobilization
- 6 points added to your Michigan driving record
- For a second offense occurring within the last seven years, the penalty is a misdemeanor conviction punishable by:
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- A fine between $200.00 and $1,000.00.
- Jail sentence not less than 5 days but not more than one year (48 hours must be served consecutively).
- Community service between 30 days and 90 days.
- Driver’s License is revoked for at least one year.
- Possible vehicle immobilization and forfeiture.
- 6 points added to your Michigan driving record.
- For a third or subsequent offense, the penalty is a felony conviction punishable by:
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- A fine between $500.00 and $5,000.00.
- Prison sentence between 1 to 5 years OR probation with a jail sentence between 30 days and one year (48 hours must be served consecutively) and community service between 60 days and 180 days.
- Driver’s License is revoked for at least one year.
- Vehicle immobilization or forfeiture.
- 6 points added to your Michigan driving record.
- If the offense resulted in the serious impairment of a body function of another person, contrary to MCL 257.625(5)(a), the penalty is a felony conviction punishable by:
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- A fine between $1,000.00 and $5,000.00.
- Imprisonment up to 5 years
- Driver’s License is revoked for at least one year.
- Vehicle immobilization or forfeiture.
- 6 points added to your Michigan driving record.
- If the offense resulted in the death of another person, contrary to MCL 257.625(4)(a), the penalty is a felony conviction punishable by:
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- A fine between $2,500.00 and $10,000.00.
- Imprisonment up to 15 years
- Driver’s License is revoked for at least one year.
- Vehicle immobilization or forfeiture.
- 6 points added to your Michigan driving record.
Other DUI-related criminal acts applicable to horseback riders and horse-drawn buggies as “vehicles” include open intoxicants (MCL 257.624a), child endangerment (MCL 257.625(7)) and operating while visibly impaired (MCL 257.625(3)).
Violations to the Michigan Vehicle Code that ONLY reference “motor vehicles” are not applicable to animal riders or animal driving devices. For example, the laws that prohibit a person from reading, manually typing and sending a text message “while operating a motor vehicle that is moving on a highway or street in this state” does not apply horseback riders and horse-drawn carriages because they are not considered “motor vehicles”. MCL 257.602b(1).
IF YOU ARE ACCUSED OF VIOLATING ANY TRAFFIC LAW, OUR LAW FIRM CAN HELP
A person accused of a civil infraction is not required to admit responsibility and can request a formal or informal hearing before a district court judge or magistrate. However, a misdemeanor or felony charge will require the driver to appear in district court to be formally arraigned on criminal charges. In either case, the defendant has the right to hire a criminal defense lawyer to defend against these traffic offenses. An experience traffic attorney at your side may be able to convince the judge that the horseback rider or horse-drawn buggy driver was operating their vehicle in substantial compliance with the applicable Michigan Vehicle Code provision, or even that the specific violation alleged does not actually apply to this situation. Even if the evidence against you is strong, the attorney may even be able to negotiate a resolution with the prosecutor that may involve admitting responsibility or pleading guilty to a reduced offense to minimize penalties. It may be tempting to simply admit responsibility or plead guilty, but the consequences to your operator’s license or auto insurance premiums can outlast the simple fine that you were ordered to pay. Always consider speaking to a lawyer first to understand all the possible consequences facing you with any of these options.
If you are charged with any civil infraction or criminal offense and need legal representation, then do not hesitate to contact the experienced attorneys at Kershaw, Vititoe & Jedinak PLC for assistance today.
