Bill Text: MI HB5409 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Vehicles; other; commercial quadricycles; allow to serve alcohol under certain circumstances and make other revisions to Michigan vehicle code. Amends secs. 624a, 657, 660, 662, 901 & 907 of 1949 PA 300 (MCL 257.624a et seq.) & adds secs. 518a & 625p. TIE BAR WITH: HB 5408'14
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-12-11 - Referred To Committee On Transportation [HB5409 Detail]
Download: Michigan-2013-HB5409-Engrossed.html
HB-5409, As Passed House, December 10, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 5409
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 624a, 657, 660, 662, 901, and 907 (MCL
257.624a, 257.657, 257.660, 257.662, 257.901, and 257.907), section
624a as amended by 2012 PA 306, sections 657 and 662 as amended by
2002 PA 494, section 660 as amended by 2006 PA 339, and section 907
as amended by 2014 PA 303, and by adding sections 518a and 625p.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 518a. The owner of a commercial quadricycle shall furnish
bodily injury and property damage liability insurance with a
minimum combined single limit of $2,000,000.00 for all persons
injured or for property damage.
Sec. 624a. (1) Except as provided in subsection subsections
(2) and (5), a person who is an operator or occupant shall not
transport or possess alcoholic liquor in a container that is open
or uncapped or upon which the seal is broken within the passenger
area of a vehicle upon a highway, or within the passenger area of a
moving vehicle in any place open to the general public or generally
accessible to motor vehicles, including an area designated for the
parking of vehicles, in this state.
(2)
A Except as otherwise
provided in subsection (5), a person
may transport or possess alcoholic liquor in a container that is
open or uncapped or upon which the seal is broken within the
passenger area of a vehicle upon 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 in this
state, if the vehicle does not have a trunk or compartment separate
from the passenger area, and the container is in a locked glove
compartment, behind the last upright seat, or in an area not
normally occupied by the operator or a passenger.
(3) A person who violates this section is guilty of a
misdemeanor. As part of the sentence, the person may be ordered to
perform community service and undergo substance abuse screening and
assessment at his or her own expense as described in section 703(1)
of the Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1703. A court shall not accept a plea of guilty or nolo
contendere for a violation of this section from a person charged
solely with a violation of section 625(6).
(4) This section does not apply to a passenger in a chartered
vehicle authorized to operate by the state transportation
department.
(5) Except as otherwise provided in this subsection, unless
prohibited by local ordinance, subsections (1) and (2) do not apply
to a passenger in a commercial quadricycle. A passenger in a
commercial quadricycle shall not transport or possess alcoholic
liquor other than beer, wine, spirits, or a mixed spirits drink.
(6) (5)
As used in this section:
(a) "Glove compartment" means a recess with a hinged and
locking door in the dashboard of a motor vehicle.
(b) "Passenger area" means the area designed to seat the
operator and passengers of a motor vehicle while it is in operation
and any area that is readily accessible to the operator or a
passenger while in his or her seating position, including the glove
compartment.
Sec. 625p. (1) A person, whether licensed or not, who has an
alcohol content of greater than 0.00 grams per 100 milliliters of
blood, per 210 liters of breath, or per 67 milliliters of urine
shall not operate a commercial quadricycle within this state.
(2) A person who is convicted of a violation of this section
or a local ordinance substantially corresponding to this section is
guilty of a misdemeanor punishable by 1 of the following:
(a) If the person has an alcohol content of at least 0.04
grams per 100 milliliters of blood, per 210 liters of breath, or
per 67 milliliters of urine, imprisonment for not more than 93 days
or a fine of not more than $300.00, or both, together with costs of
the prosecution.
(b) If the person has an alcohol content of greater than 0.00
grams, but less than 0.04 grams, per 100 milliliters of blood, per
210 liters of breath, or per 67 milliliters of urine, a fine of not
more than $300.00, together with costs of the prosecution.
Sec. 657. Each person riding a bicycle, electric personal
assistive mobility device, or moped or operating a low-speed
vehicle or commercial quadricycle upon a roadway has all of the
rights and is subject to all of the duties applicable to the driver
of
a vehicle by under this chapter, except as to for special
regulations
in this article and except as to for the provisions of
this
chapter which that by their nature do not have
application.apply.
Sec. 660. (1) A person operating an electric personal
assistive mobility device, low-speed vehicle, or moped upon a
roadway shall ride as near to the right side of the roadway as
practicable ,
exercising and shall exercise
due care when passing a
standing vehicle or one proceeding in the same direction. A
motorcycle is entitled to full use of a lane, and a motor vehicle
shall not be driven in such a manner as to deprive a motorcycle of
the full use of a lane. This subsection does not apply to
motorcycles operated 2 abreast in a single lane.
(2) A person riding an electric personal assistive mobility
device, motorcycle, or moped upon a roadway shall not ride more
than 2 abreast except on a path or part of a roadway set aside for
the exclusive use of those vehicles.
(3) Where a usable and designated path for bicycles is
provided adjacent to a highway or street, a person operating an
electric personal assistive mobility device may, by local
ordinance, be required to use that path.
(4) A person operating a motorcycle, moped, low-speed vehicle,
or electric personal assistive mobility device shall not pass
between lines of traffic, but may pass on the left of traffic
moving in his or her direction in the case of a 2-way street or on
the left or right of traffic in the case of a 1-way street, in an
unoccupied lane.
(5) A person operating an electric personal assistive mobility
device on a sidewalk constructed for the use of pedestrians shall
yield the right-of-way to a pedestrian and shall give an audible
signal before overtaking and passing the pedestrian.
(6)
A moped, or low-speed vehicle, or commercial quadricycle
shall not be operated on a sidewalk constructed for the use of
pedestrians.
(7) A low-speed vehicle or commercial quadricycle shall be
operated
at a speed of not to exceed more
than 25 miles per hour.
and
A low-speed vehicle shall not be operated on a highway or
street with a speed limit of more than 35 miles per hour except for
the purpose of crossing that highway or street. A commercial
quadricycle shall not be operated on a highway or street with a
speed limit of more than 45 miles per hour except for the purpose
of crossing that highway or street. The state transportation
department may prohibit the operation of a low-speed vehicle or
commercial quadricycle on any highway or street under its
jurisdiction if it determines that the prohibition is necessary in
the interest of public safety.
(8) This section does not apply to a police officer in the
performance of his or her official duties.
(9) An electric personal assistive mobility device shall be
operated
at a speed of not to exceed more than 15 miles per hour
and shall not be operated on a highway or street with a speed limit
of more than 25 miles per hour except to cross that highway or
street.
(10) The governing body of a county, a city, a village, an
entity created under the urban cooperation act of 1967, 1967 (Ex
Sess) PA 7, MCL 124.501 to 124.512, or a township may, by
ordinance, which is based on the health, safety, and welfare of the
citizens, regulate the operation of electric personal assistive
mobility devices or commercial quadricycles on sidewalks, highways
or streets, or crosswalks. Except as otherwise provided in this
subsection, a governing body of a county, city, village, entity
created under the urban cooperation act of 1967, 1967 (Ex Sess) PA
7, MCL 124.501 to 124.512, or township may prohibit the operation
of electric personal assistive mobility devices or commercial
quadricycles in an area open to pedestrian traffic adjacent to a
waterfront
or on a trail under their its
jurisdiction or in a
downtown or central business district. Signs indicating the
regulation shall be conspicuously posted in the area where the use
of an electric personal assistive mobility device or commercial
quadricycle is regulated.
(11) Operation of an electric personal assistive mobility
device is prohibited in a special charter city and a state park
under the jurisdiction of the Mackinac Island state park
commission.
(12) Operation of an electric personal assistive mobility
device may be prohibited in a historic district.
(13) The department of natural resources may by order regulate
the use of electric personal assistive mobility devices on all
lands under its control.
Sec.
662. (1) A bicycle, or an electric personal assistive
mobility device, or commercial quadricycle being operated on a
roadway between 1/2 hour after sunset and 1/2 hour before sunrise
shall
be equipped with a lamp on the front which shall emit that
emits a white light visible from a distance of at least 500 feet to
the
front and with a red reflector on the rear which that shall
be
visible from all distances from 100 feet to 600 feet to the rear
when directly in front of lawful lower beams of head lamps on a
motor vehicle. A lamp emitting a red light visible from a distance
of 500 feet to the rear may be used in addition to the red
reflector.
(2)
A bicycle shall be equipped with a brake which will enable
that enables the operator to make the braked wheels skid on dry,
level, clean pavement.
(3) An electric personal assistive mobility device or
commercial quadricycle shall enable the operator to bring it to a
controlled stop.
(4) A person shall not sell, offer for sale, or deliver for
sale in this state a bicycle or a pedal for use on a bicycle,
either of which was manufactured after January 1, 1976, unless it
is equipped with a type of reflex reflector located on the front
and rear surfaces of the pedal. The reflector elements may be
either integral with the construction of the pedal or mechanically
attached, but shall be sufficiently recessed from the edge of the
pedal, or of the reflector housing, to prevent contact of the
reflector element with a flat surface placed in contact with the
edge of the pedal. The pedal reflectors shall be visible from the
front and rear of the bicycle during the nighttime from a distance
of 200 feet when directly exposed to the lower beam head lamps of a
motor vehicle.
(5) A person shall not sell, offer for sale, or deliver for
sale in this state a bicycle manufactured after January 1, 1976 or
an electric personal assistive mobility device unless it is
equipped
with either tires which that
have reflective sidewalls or
with wide-angle prismatic spoke reflectors. If the bicycle or the
electric personal assistive mobility device is manufactured with
reflective sidewalls, the reflective portion of the sidewall shall
form a continuous circle on the sidewall, and may not be removed
from the tire without removal of tire material. If the bicycle is
equipped with wide-angle prismatic spoke reflectors, the reflectors
of the front wheel shall be essentially colorless or amber, and the
reflectors on the rear wheel shall be essentially colorless or red.
Reflective sidewalls or spoke reflectors shall cause the bicycle to
be visible from all distances from 100 feet to 600 feet when viewed
under lawful low beam motor vehicle head lamps under normal
atmospheric conditions.
(6) A person who violates subsection (1) or (2) is responsible
for a civil infraction.
Sec.
901. (1) It Except as
otherwise provided in subsection
(3), it is a misdemeanor for a person to violate this act, unless
that violation is by this act or other law of this state declared
to be a felony or a civil infraction.
(2) Unless another penalty is provided in this act or by the
laws of this state, a person convicted of a misdemeanor for the
violation of this act shall be punished by a fine of not more than
$100.00, or by imprisonment for not more than 90 days, or both.
(3) Except as otherwise provided in this act, a violation of
this act by the owner of a commercial quadricycle arising out of
the ownership or operation of the commercial quadricycle is a civil
infraction.
Sec. 907. (1) A violation of this act, or a local ordinance
substantially corresponding to a provision of this act, that is
designated a civil infraction shall not be considered a lesser
included offense of a criminal offense.
(2) If a person is determined under sections 741 to 750 to be
responsible or responsible "with explanation" for a civil
infraction under this act or a local ordinance substantially
corresponding to a provision of this act, the judge or district
court magistrate may order the person to pay a civil fine of not
more than $100.00 and costs as provided in subsection (4). However,
beginning
October 31, 2010, if the civil
infraction was a moving
violation that resulted in an at-fault collision with another
vehicle, a person, or any other object, the civil fine ordered
under this section shall be increased by $25.00 but the total civil
fine shall not exceed $100.00. However, for a violation of section
602b, the person shall be ordered to pay costs as provided in
subsection (4) and a civil fine of $100.00 for a first offense and
$200.00 for a second or subsequent offense. For a violation of
section 674(1)(s) or a local ordinance substantially corresponding
to section 674(1)(s), the person shall be ordered to pay costs as
provided in subsection (4) and a civil fine of not less than
$100.00 or more than $250.00. For a violation of section 676c, the
person shall be ordered to pay costs as provided in subsection (4)
and a civil fine of $1,000.00. For a violation of section 328, the
civil fine ordered under this subsection shall be not more than
$50.00. For a violation of section 710d, the civil fine ordered
under this subsection shall not exceed $10.00, subject to
subsection (12). For a violation of section 710e, the civil fine
and court costs ordered under this subsection shall be $25.00. For
a violation of section 682 or a local ordinance substantially
corresponding to section 682, the person shall be ordered to pay
costs as provided in subsection (4) and a civil fine of not less
than $100.00 or more than $500.00. For a violation of section 240,
the civil fine ordered under this subsection shall be $15.00. For a
violation of section 252a(1), the civil fine ordered under this
subsection shall be $50.00. For a violation of section 676a(3), the
civil fine ordered under this section shall be not more than
$10.00. For a first violation of section 319f(1), the civil fine
ordered under this section shall be not less than $2,500.00 or more
than $2,750.00; for a second or subsequent violation, the civil
fine shall be not less than $5,000.00 or more than $5,500.00. For a
violation of section 319g(1)(a), the civil fine ordered under this
section shall be not more than $10,000.00. For a violation of
section 319g(1)(g), the civil fine ordered under this section shall
be not less than $2,750.00 or more than $25,000.00. Permission may
be granted for payment of a civil fine and costs to be made within
a specified period of time or in specified installments, but unless
permission is included in the order or judgment, the civil fine and
costs shall be payable immediately.
(3) Except as provided in this subsection, if a person is
determined to be responsible or responsible "with explanation" for
a civil infraction under this act or a local ordinance
substantially corresponding to a provision of this act while
driving a commercial motor vehicle, he or she shall be ordered to
pay costs as provided in subsection (4) and a civil fine of not
more than $250.00.
(4) If a civil fine is ordered under subsection (2) or (3),
the judge or district court magistrate shall summarily tax and
determine the costs of the action, which are not limited to the
costs taxable in ordinary civil actions, and may include all
expenses, direct and indirect, to which the plaintiff has been put
in connection with the civil infraction, up to the entry of
judgment. Costs shall not be ordered in excess of $100.00. A civil
fine ordered under subsection (2) or (3) shall not be waived unless
costs ordered under this subsection are waived. Except as otherwise
provided by law, costs are payable to the general fund of the
plaintiff.
(5) In addition to a civil fine and costs ordered under
subsection (2) or (3) and subsection (4) and the justice system
assessment ordered under subsection (13), the judge or district
court magistrate may order the person to attend and complete a
program of treatment, education, or rehabilitation.
(6) A district court magistrate shall impose the sanctions
permitted under subsections (2), (3), and (5) only to the extent
expressly authorized by the chief judge or only judge of the
district court district.
(7) Each district of the district court and each municipal
court may establish a schedule of civil fines, costs, and
assessments to be imposed for civil infractions that occur within
the respective district or city. If a schedule is established, it
shall be prominently posted and readily available for public
inspection. A schedule need not include all violations that are
designated by law or ordinance as civil infractions. A schedule may
exclude cases on the basis of a defendant's prior record of civil
infractions or traffic offenses, or a combination of civil
infractions and traffic offenses.
(8) The state court administrator shall annually publish and
distribute to each district and court a recommended range of civil
fines and costs for first-time civil infractions. This
recommendation is not binding upon the courts having jurisdiction
over civil infractions but is intended to act as a normative guide
for judges and district court magistrates and a basis for public
evaluation of disparities in the imposition of civil fines and
costs throughout the state.
(9) If a person has received a civil infraction citation for
defective safety equipment on a vehicle under section 683, the
court shall waive a civil fine, costs, and assessments upon receipt
of certification by a law enforcement agency that repair of the
defective equipment was made before the appearance date on the
citation.
(10) A default in the payment of a civil fine or costs ordered
under subsection (2), (3), or (4) or a justice system assessment
ordered under subsection (13), or an installment of the fine,
costs, or assessment, may be collected by a means authorized for
the enforcement of a judgment under chapter 40 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or
under chapter 60 of the revised judicature act of 1961, 1961 PA
236, MCL 600.6001 to 600.6098.
(11) If a person fails to comply with an order or judgment
issued under this section within the time prescribed by the court,
the driver's license of that person shall be suspended under
section 321a until full compliance with that order or judgment
occurs. In addition to this suspension, the court may also proceed
under section 908.
(12) The court may waive any civil fine, cost, or assessment
against a person who received a civil infraction citation for a
violation of section 710d if the person, before the appearance date
on the citation, supplies the court with evidence of acquisition,
purchase, or rental of a child seating system meeting the
requirements of section 710d.
(13) In addition to any civil fines or costs ordered to be
paid under this section, the judge or district court magistrate
shall order the defendant to pay a justice system assessment of
$40.00 for each civil infraction determination, except for a
parking violation or a violation for which the total fine and costs
imposed are $10.00 or less. Upon payment of the assessment, the
clerk of the court shall transmit the assessment collected to the
state treasury to be deposited into the justice system fund created
in section 181 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.181. An assessment levied under this subsection is not a
civil fine for purposes of section 909.
(14) If a person has received a citation for a violation of
section 223, the court shall waive any civil fine, costs, and
assessment, upon receipt of certification by a law enforcement
agency that the person, before the appearance date on the citation,
produced a valid registration certificate that was valid on the
date the violation of section 223 occurred.
(15) If a person has received a citation for a violation of
section 328(1) for failing to produce a certificate of insurance
under section 328(2), the court may waive the fee described in
section 328(3)(c) and shall waive any fine, costs, and any other
fee or assessment otherwise authorized under this act upon receipt
of verification by the court that the person, before the appearance
date on the citation, produced valid proof of insurance that was in
effect at the time the violation of section 328(1) occurred.
Insurance obtained subsequent to the time of the violation does not
make the person eligible for a waiver under this subsection.
(16) If a person is determined to be responsible or
responsible "with explanation" for a civil infraction under this
act or a local ordinance substantially corresponding to a provision
of this act and the civil infraction arises out of the ownership or
operation of a commercial quadricycle, he or she shall be ordered
to pay costs as provided in subsection (4) and a civil fine of not
more than $500.00.
(17) (16)
As used in this section,
"moving violation" means an
act or omission prohibited under this act or a local ordinance
substantially corresponding to this act that involves the operation
of a motor vehicle and for which a fine may be assessed.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5408 of the 97th Legislature is enacted into
law.
