May 3, 2012, Introduced by Rep. Zorn and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
A bill to amend 1956 PA 62, entitled
"An act to authorize the director of the department of state police
to promulgate a uniform traffic code; to authorize a city,
township, or village to adopt the uniform traffic code by reference
without publication in full; and to prescribe criminal penalties
and civil sanctions for violation of the code,"
by amending the title and sections 1, 2, 3, 4, and 5 (MCL 257.951,
257.952, 257.953, 257.954, and 257.955), section 1 as amended by
2006 PA 297 and section 5 as added by 2000 PA 95.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to authorize the director of the department of state
police to promulgate a uniform traffic code; to authorize a county,
city, township, or village to adopt the uniform traffic code by
reference without publication in full; and to prescribe criminal
penalties and civil sanctions for violation of the code.
Sec. 1. (1) A county, city, township, or village may adopt by
reference a code or ordinance for the regulation of traffic within
counties, cities, townships, and villages that has been promulgated
by the director of the department of state police. The director of
the department of state police may promulgate a uniform traffic
code in compliance with the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328.
(2) A county, city, township, or village, with the consent of,
or at the request of, a person who is in charge of a parking lot,
whether or not that parking lot is open to the general public, may
contract with that person for the county, city, township, or
village to enforce provisions of the uniform traffic code or
ordinance adopted under this section in that parking lot. A peace
officer may enter upon a private road that is accessible to the
general public to enforce provisions of an ordinance adopted under
this section if signs meeting the requirements of the Michigan
manual of uniform traffic control devices are posted on the private
road. The owner or person in charge of the private road is
responsible for the posting of signs under this subsection. Nothing
in this subsection shall be considered to affect a contract entered
into between a city, township, or village and the person in charge
of
a private road before the effective date of the amendatory act
that
added this sentence. July 20,
2006. In addition, nothing in
this subsection shall be considered to affect a contract entered
into between a county and the person in charge of a private road
before the effective date of the amendatory act that added this
sentence. As used in this subsection, "person" means an individual,
corporation, association, partnership, or other legal entity.
(3) A uniform traffic code promulgated by the director of the
department of state police under this section shall specify whether
a person who violates a particular provision of the code is guilty
of a misdemeanor or is responsible for a civil infraction. The
director may establish civil sanctions for civil infractions,
except that a civil sanction in excess of that prescribed in the
vehicle code is in conflict with that act and is void to the extent
of the conflict. The uniform traffic code shall not impose a
criminal penalty for an act or omission that is a civil infraction
under the vehicle code.
(4) Violation of a provision designated a civil infraction in
the uniform traffic code shall be processed in the same manner as a
civil infraction under the vehicle code.
(5) Notwithstanding the requirements of the uniform traffic
code, a sign designating a parking space for persons with
disabilities shall be 12 inches by 18 inches or larger and shall be
either blue or white and at a minimum contain the international
handicapped symbol in contrasting colors of either blue or white in
the center of the sign.
(6) The provisions of the uniform traffic code promulgated
pursuant to this act that relate to driving while under the
influence of an alcoholic beverage or driving with impaired ability
shall be identical to the provisions of sections 625 to 625m of the
Michigan vehicle code, 1949 PA 300, MCL 257.625 to 257.625m.
(7) For purposes of this section, "vehicle code" means the
Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
Sec. 2. The code or ordinance passed shall clearly identify
the code adopted by reference. The code need not be published in
full. Publication of the code or ordinance shall be supplemented by
a notice of the purpose of the code and the fact that a complete
copy of the code is available for inspection by the public at the
office of the county, city, township, or village clerk.
Sec.
3. If the commissioner director
of the department of
state
police shall thereafter amend such amends the code, any a
county,
city, township, or
village which that has adopted such the
code
by reference may adopt such the
amendment by reference by the
same procedure as required for the adoption of the original code,
or
such the amendment may be adopted by enacting an ordinance
setting
forth the entire text of such the
amendment.
Sec. 4. Upon adoption of the code by reference, the county,
city, township, or village clerk shall maintain in his or her
office a copy of the code for inspection by the public or a person
charged under the code.
Sec. 5. (1) A civil fine imposed upon a person for a violation
of a code or ordinance regulating the operation of a commercial
vehicle adopted by a county, city, township, or village under
section 1 shall be paid to the county treasurer and shall be
allocated as follows:
(a) Seventy percent to the county, city, township, or village
in which the citation is issued.
(b) Thirty percent for library purposes as provided by law.
(2) This section does not apply to a case in which the
citation is dismissed pursuant to subsection (3).
(3) The owner or operator of a commercial motor vehicle shall
not be issued more than 1 citation for each violation of a code or
ordinance regulating the operation of a commercial motor vehicle
and substantially corresponding to a provision of sections 683 to
725a of the Michigan vehicle code, 1949 PA 300, MCL 257.683 to
257.725a, within a 24-hour period. If the owner or operator of a
commercial motor vehicle is issued a citation for an equipment
violation that does not result in the vehicle being placed out of
service, the court shall dismiss the citation if the owner or
operator of that commercial motor vehicle provides written proof to
the court within 14 days after the citation is issued showing that
the defective equipment indicated in the citation has been
repaired.
(4) In order to be classified as a motor carrier enforcement
officer, a police officer must have training equal to the minimum
training requirements, including any annual training updates,
established by the department of state police for an officer of the
motor carrier division of the department of state police. A police
officer who has received training equal to these minimum training
requirements
before the effective date of this section May 15, 2000
is considered a motor carrier enforcement officer for purposes of
this act.
(5) As used in this section:
(a) "Commercial vehicle" means that term as defined in section
7 of the Michigan vehicle code, 1949 PA 300, MCL 257.7.
(b) "Operation" means being in actual physical control of a
vehicle regardless of whether or not the person is licensed under
the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, as an
operator or chauffeur.
(c) "Out of service" means that process established under the
motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to
480.22.480.25.
(d) "Person" means every natural person, partnership,
association, or corporation and their legal successors.