Bill Text: MI HB5853 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Crimes: penalties; penalties for certain violations of the Michigan vehicle code; modify. Amends secs. 208b, 215, 217, 217c, 226a, 233, 233a, 234, 239, 244, 248, 248f, 251, 252a, 255, 256, 301, 306, 310, 311, 312, 312a, 315, 317, 324, 325, 326, 328, 503, 624b, 675, 677a, 682c, 698, 707c, 722, 724, 728d, 904, 904a, 904e, 905 & 907 of 1949 PA 300 (MCL 257.208b et seq.) & repeals sec. 905 of 1949 PA 300 (MCL 257.905). TIE BAR WITH: HB 5846'20
Spectrum: Moderate Partisan Bill (Democrat 27-5)
Status: (Passed) 2020-12-31 - Assigned Pa 382'20 [HB5853 Detail]
Download: Michigan-2019-HB5853-Engrossed.html
Substitute For
HOUSE BILL NO. 5853
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 208b, 239, 312a, 325, 503, 624b, 677a, 682c, 698, 707c, and 907 (MCL 257.208b, 257.239, 257.312a, 257.325, 257.503, 257.624b, 257.677a, 257.682c, 257.698, 257.707c, and 257.907), section 208b as amended by 2019 PA 88, section 312a as amended by 2016 PA 318, section 503 as added by 2013 PA 218, section 624b as amended by 2003 PA 61, section 682c as added by 2012 PA 262, section 698 as amended by 2018 PA 342, and section 907 as amended by 2015 PA 126.
the people of the state of michigan enact:
Sec. 208b. (1) The secretary of state may provide a
commercial look-up service of records maintained under this act. For each
individual record looked up, the secretary of state shall charge a fee
specified annually by the legislature, or if the legislature does not specify a
fee, a market-based price established by the secretary of state. The secretary
of state shall process a commercial look-up request only if the request is in a
form or format prescribed by the secretary of state. Until October 1, 2023,
fees collected under this subsection must be credited to the transportation
administration collection fund created in section 810b.
(2) A driver education
provider shall subscribe to the commercial look-up service maintained by the
secretary of state.
(3) A driver education
provider shall maintain on its premises the most current copy of all
nonpersonal information related to his or her driving record and the driving
record of each instructor employed by the driver education provider for review
by any prospective customer or the parent or guardian of a prospective
customer.
(4) A prospective
customer or the parent or guardian of a prospective customer may review a copy
of all nonpersonal information related to the driving record of the driver
education provider or an instructor employed by the driver education provider.
(5) A driver education
provider shall include in its contract with each client, as prescribed by the
secretary of state, a notice that nonpersonal information related to the
driving record of each individual instructor is available for review by the
general public. A driver education provider who fails to include the
information required by this subsection is subject to a fine responsible for a civil infraction and shall be ordered to pay a
civil fine of not more than $500.00.$100.00.
(6) Each limo carrier of
passengers shall subscribe to the commercial look-up service maintained by the
secretary of state.
(7) A person An individual who drives a limousine for
hire for a limo carrier of passengers shall maintain a most current copy of all
nonpersonal information related to the person's individual's driving record in the limousine
available for review by any prospective passenger.
(8) A prospective
passenger may review a copy of all nonpersonal information related to the
driving record of the driver of a limousine from a limo carrier of passengers
or from the driver of the limousine.
(9) The secretary of
state shall not provide an entire computerized central file or other file of
records maintained under this act to a nongovernmental person or entity, unless
the person or entity pays the prescribed fee for each individual record
contained within the computerized file.
(10) A driver training
school operator who fails to provide the information required to be maintained
by this section is subject to a fine
responsible for a civil infraction
and shall be ordered to pay a civil fine of not more than $500.00. $100.00. Each failure to provide
information constitutes a separate offense.
(11) A limo carrier of
passengers who fails to provide the information required to be maintained by
this section is subject to a fine
responsible for a civil infraction
and shall be ordered to pay a civil fine of not more than $500.00. $100.00. Each failure to provide
information constitutes a separate offense.
(12) The driver of a
limousine who fails to provide the information required by this section is subject to a fine responsible for a civil infraction and shall be ordered
to pay a civil fine of not more than $500.00. $100.00. Each failure to provide information
constitutes a separate offense.
(13) As used in this
section:
(a) "Driver
education provider" means that term as defined in section 5 of the driver
education provider and instructor act, 2006 PA 384, MCL 256.625.
(b) "Limousine
carrier" and "limousine" mean those terms as defined in section
2 of the limousine, taxicab, and transportation network company act, 2016 PA
345, MCL 257.2102.
Sec. 239. It is a misdemeanor for any A person to shall not fail or
neglect to properly endorse and deliver a certificate of title to a transferee
or owner lawfully entitled thereto.to the title. A person who violates
this section is responsible for a civil infraction and shall be ordered to pay
a civil fine of not more than $100.00.
Sec. 312a. (1) A person, An individual, before
operating a motorcycle, other than an autocycle, upon a public street or
highway in this state, shall procure a motorcycle indorsement on his or her
operator's or chauffeur's license. The license shall must be issued, suspended, revoked, canceled,
or renewed in accordance with and governed by this act.
(2) A
person, An
individual, before operating a moped upon a highway, shall procure a
special restricted license to operate a moped unless the person individual has a valid
operator's or chauffeur's license. A special restricted license to operate a
moped may be issued to a
person an
individual 15 years of age or older if the person individual satisfies
the secretary of state that he
or she is competent to operate a moped with safety. The secretary
of state shall not require a road test before issuance of a special restricted
license to operate a moped.
(3) A special restricted license to operate a moped shall expire expires on the birthday
of the person to whom individual it is issued
to in the fourth
year following the date of issuance. A license shall must not be issued for a period longer than 4
years. A person An individual issued a
license to operate a moped shall pay $7.50 for an original license and $6.00
for a renewal license. The money received and collected under this subsection shall must be deposited in
the state treasury to the credit of the general fund. The secretary of state
shall refund out of the fees collected to each county or municipality, acting
as an examining officer, $2.50 for each applicant examined for an original
license and $1.00 for a renewal license.
(4) A
person An
individual who violates subsection (1) is responsible for a civil infraction or guilty of a misdemeanor punishable as follows:
(a) For a first violation, by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.the individual is responsible for a civil infraction and shall be ordered to pay a civil fine of not more than $250.00.
(b) For a violation that
occurs after a 1
or more prior conviction, judgments, the individual is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than $1,000.00, $500.00,
or both.
Sec. 325. It shall be unlawful for any
person to An
individual shall not cause or knowingly permit any minor to drive
a motor vehicle upon a highway as an operator, unless the minor has first
obtained a license to drive a motor vehicle under the provisions of this
chapter. An individual who violates
this section is responsible for a civil infraction and shall be ordered to pay
a civil fine of not more than $100.00.
Sec. 503. (1) For
30 days after the date a motor vehicle accident report is filed with a law
enforcement agency, a person may only access the report if the person or organization
files a statement indicating that from the time the person or organization is
granted access to the report until 30 days after the date the report is filed,
the person or organization acknowledges that the person or organization is
prohibited from doing either of the following:
(a) Using the report for any direct solicitation of an
individual, vehicle owner, or property owner listed in the report.
(b) Disclosing any personal information contained in the
report to a third party for commercial solicitation of an individual, vehicle
owner, or property owner listed in the report.
(2) A person that knowingly violates this section is guilty of a crime punishable responsible for a civil infraction
and shall be ordered to pay a civil fine as follows:
(a) For a first violation, a misdemeanor punishable by a civil fine of not more
than $30,000.00.$500.00.
(b) For a second or subsequent violation, a misdemeanor punishable by
imprisonment for not more than 1 year or a by a civil fine of not more than $60,000.00, or both.$1,000.00.
(3) As used in this section:
(a) "Direct solicitation" means "direct
solicitation to provide a service" as that term is defined in section 410b
of the Michigan penal code, 1931 PA 328, MCL 750.410b.
(b) "Law enforcement agency" means any of the
following:
(i) The department of
state police.
(ii) The county
sheriff's office.
(iii) The police
department of a local unit of government.
(c) "Local unit of government" means a state
university or college or a county, city, village, or township.
(d) "Motor vehicle accident" means an occurrence
involving a motor vehicle that results in damage to property or injury to an
individual.
(e) "Personal information" means information that
identifies an individual, including the individual's name, address, driver
license number, social
security Social
Security number, and telephone number.
(f) "Report" means a report completed by an officer
of a law enforcement agency that indicates that a motor vehicle accident occurred.
Sec. 624b. (1) A person An individual less than
21 years of age shall not knowingly transport or possess alcoholic liquor in a
motor vehicle as an operator or occupant unless the person individual is employed by a licensee under
the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303,
a common carrier designated by the liquor control commission under the Michigan
liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, the liquor
control commission, or an agent of the liquor control commission and is
transporting or having the alcoholic liquor in a motor vehicle under the person's individual's control
during regular working hours and in the course of the person's individual's employment. This section does
not prevent a person an individual less than
21 years of age from knowingly transporting alcoholic liquor in a motor vehicle
if a person an individual at least
21 years of age is present inside the motor vehicle. A person An individual who violates this subsection is
guilty of a misdemeanor. As part of the sentence, the person individual 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.
(2) Within 30 days after the conviction for a violation of
subsection (1) by the operator of a motor vehicle, which conviction has become
final, the arresting law enforcement officer or the officer's superior may make
a complaint before the court from which the warrant was issued. The complaint shall must be under oath and shall must describe the motor
vehicle in which alcoholic liquor was possessed or transported by the operator,
who is less than 21 years of age, in committing the violation and requesting
that the motor vehicle be impounded as provided in this section. Upon the
filing of the complaint, the court shall issue to the owner of the motor
vehicle an order to show cause why the motor vehicle should not be impounded.
The order to show cause shall
must fix
a date and time for a hearing, which shall that
is not be less
than 10 days after the issuance of the order. The order shall must be served by
delivering a true copy to the owner not less than 3 full days before the date
of hearing or, if the owner cannot be located, by sending a true copy by
certified mail to the last known address of the owner. If the owner is a
nonresident of the state, service may be made upon the secretary of state as
provided in section 403.
(3) If the court determines upon the hearing of the order to
show cause, from competent and relevant evidence, that at the time of the
commission of the violation the motor vehicle was being driven by the person individual less than 21
years of age with the express or implied consent or knowledge of the owner in
violation of subsection (1), and that the use of the motor vehicle is not
needed by the owner in the direct pursuit of the owner's employment or the
actual operation of the owner's business, the court may authorize the
impounding of the vehicle for a period of not less than 15 days or more than 30
days. The court's order authorizing the impounding of the vehicle shall must authorize a law
enforcement officer to take possession without other process of the motor
vehicle wherever located and to store the vehicle in a public or private garage
at the expense and risk of the owner of the vehicle. The owner of the vehicle
may appeal the order to the circuit court and the provisions governing the
taking of appeals from judgments for damages apply to the appeal. This section
does not prevent a bona fide lienholder from exercising rights under a lien.
(4) A person who knowingly transfers title to a motor vehicle
for the purpose of avoiding this section is guilty of a misdemeanor.responsible for a civil infraction
and shall be ordered to pay a civil fine of not more than $100.00.
(5) A law enforcement agency, upon determining that a person an individual less than
18 years of age allegedly violated this section, shall notify the parent or
parents, custodian, or guardian of the person individual as to the nature of the violation
if the name of a parent, guardian, or custodian is reasonably ascertainable by
the law enforcement agency. The notice required by this subsection shall must be made not later
than 48 hours after the law enforcement agency determines that the person individual who
allegedly violated this section is less than 18 years of age and may be made in
person, by telephone, or by first-class mail.
Sec. 677a. (1) As
used in this section:
(a) "Person" shall does not include the state or a political
subdivision of the state or an employee of the state or a political subdivision
of the state operating within the scope of his duties.
(b) "Safety vision" means an unobstructed line of
sight enabling a driver to travel upon, enter, or exit a roadway in a safe
manner.
(2) A person shall not remove, or cause to be removed, snow,
ice, or slush onto or across a roadway or the shoulder of the roadway in a
manner which obstructs the safety vision of the driver of a motor vehicle other
than off-road vehicles.
(3) A person shall not deposit, or cause to be deposited,
snow, ice, or slush onto or across a roadway or the shoulder of the roadway in
a manner which obstructs the safety vision of the driver of a motor vehicle.
(4) A person shall not deposit, or cause to be deposited,
snow, ice or slush on any roadway or highway.
(5) A person who violates this section is responsible for a
civil infraction and shall be ordered to pay a civil fine of not more than $100.00.
Sec. 682c. (1) A
person shall not operate a commercial snow removal vehicle to remove snow or
ice on a public street or highway or in a parking lot accessible for use by the
public unless the vehicle is operated with at least 1 flashing, rotating, or
oscillating yellow or amber light that is clearly visible in a 360-degree arc
from a distance of 500 feet when in use.
(2) A person who owns or leases a commercial snow removal
vehicle shall not knowingly allow a person to operate that vehicle in violation
of subsection (1).
(3) A person who violates this section is guilty of a misdemeanor punishable
by imprisonment for not more than 90 days or a fine of not more than $500.00,
or both.responsible
for a civil infraction and shall be ordered to pay a civil fine of not more
than $100.00.
(4) As used in this section:
(a) "Commercial snow removal vehicle" means a
vehicle equipped with a plow or other device that is used to remove snow or ice
for payment or other remuneration.
(b) "Person" means an individual, partnership,
corporation, association, governmental entity, or other legal entity.
Sec. 698. (1) A
motor vehicle may be equipped with not more than 2 side cowl or fender lamps
that emit an amber or white light without glare.
(2) A motor vehicle may be equipped with not more than 1
running board courtesy lamp on each side that emits a white or amber light
without glare.
(3) Backing lights of red, amber, or white may be mounted on
the rear of a motor vehicle if the switch controlling the light is so arranged
that the light may be turned on only if the vehicle is in reverse gear. The
backing lights when unlighted shall
must be
covered or otherwise arranged so as not to reflect objectionable glare in the
eyes of an operator of a vehicle approaching from the rear.
(4) Unless both covered and unlit, a vehicle operated on the
highways of this state shall
must not
be equipped with a lamp or a part designed to be a reflector unless expressly
required or permitted by this chapter or that meets the standards prescribed in
49 CFR 571.108. A Except as otherwise provided, a lamp
or a part designed to be a reflector, if visible from the front, shall must display or reflect
a white or amber light; if visible from either side, shall must display or reflect an amber or red
light; and if visible from the rear, shall must display or reflect a red light. , except as otherwise provided by
law.
(5) The use or possession of flashing, oscillating, or
rotating lights of any color is prohibited except as otherwise provided by law , or under the
following circumstances:
(a) A police vehicle shall must be equipped with flashing, rotating, or
oscillating red or blue lights, for use in the performance of police duties.
(b) A fire vehicle or ambulance available for public use or
for use of the United States, this state, or any unit of this state, whether
publicly or privately owned, shall
must be
equipped with flashing, rotating, or oscillating red lights and used as
required for safety.
(c) An authorized emergency vehicle may be equipped with
flashing, rotating, or oscillating red lights for use when responding to an
emergency call if when in use the flashing, rotating, or oscillating red lights
are clearly visible in a 360-degree arc from a distance of 500 feet. when in use. A person operating
lights under this subdivision at any time other than when responding to an
emergency call is guilty of a misdemeanor.
(d) Flashing, rotating, or oscillating amber or green lights,
placed in a position as to be visible throughout an arc of 360 degrees, shall must be used by a
state, county, or municipal vehicle engaged in the removal of ice, snow, or
other material from the highway and in other operations designed to control ice
and snow, or engaged in other non-winter operations. This subdivision does not
prohibit the use of a flashing, rotating, or oscillating green light by a fire
service.
(e) A vehicle used for the cleanup of spills or a necessary
emergency response action taken pursuant to under state or federal law or a vehicle
operated by an employee of the department of natural resources or the
department of environmental
quality environment,
Great Lakes, and energy that responds to a spill, emergency
response action, complaint, or compliance activity may be equipped with
flashing, rotating, or oscillating amber or green lights. The lights described
in this subdivision shall must not be activated
unless the vehicle is at the scene of a spill, emergency response action,
complaint, or compliance activity. This subdivision does not prohibit the use
of a flashing, rotating, or oscillating green light by a fire service.
(f) A vehicle to perform public utility service, a vehicle
owned or leased by and licensed as a business for use in the collection and
hauling of refuse, an automobile service car or wrecker, a vehicle of a peace
officer, a vehicle operated by a rural letter carrier or a person under
contract to deliver newspapers or other publications by motor route, a vehicle
utilized for snow or ice removal under section 682c, a private security guard
vehicle as authorized in subsection (7), a motor vehicle while engaged in
escorting or transporting an oversize load that has been issued a permit by the
state transportation department or a local authority with respect to highways
under its jurisdiction, a vehicle owned by the National Guard or a United
States military vehicle while traveling under the appropriate recognized military
authority, a motor vehicle while towing an implement of husbandry, or an
implement of husbandry may be equipped with flashing, rotating, or oscillating
amber lights. However, a wrecker may be equipped with flashing, rotating, or
oscillating red lights that shall
must be
activated only when the wrecker is engaged in removing or assisting a vehicle
at the scene of a traffic accident or disablement. The flashing, rotating, or
oscillating amber lights shall
must not
be activated except when the warning produced by the lights is required for
public safety. A vehicle engaged in authorized highway repair or maintenance
may be equipped with flashing, rotating, or oscillating amber or green lights.
This subdivision does not prohibit the operator of a vehicle utilized for snow
or ice removal under section 682c that is equipped with flashing, rotating, or
oscillating amber lights from activating the flashing, rotating, or oscillating
amber lights when that vehicle is traveling between locations at which it is being
utilized for snow or ice removal.
(g) A vehicle engaged in leading or escorting a funeral
procession or any vehicle that is part of a funeral procession may be equipped
with flashing, rotating, or oscillating purple or amber lights that shall must not be activated
except during a funeral procession.
(h) An authorized emergency vehicle may display flashing,
rotating, or oscillating white lights in conjunction with an authorized
emergency light as prescribed in this section.
(i) A private motor vehicle of a physician responding to an
emergency call may be equipped with and the physician may use flashing,
rotating, or oscillating red lights mounted on the roof section of the vehicle
either as a permanent installation or by means of magnets or suction cups and
clearly visible in a 360-degree arc from a distance of 500 feet when in use.
The physician shall first obtain written authorization from the county sheriff.
(j) A public transit vehicle may be equipped with a flashing,
oscillating, or rotating light mounted on the roof of the vehicle approximately
6 feet from the rear of the vehicle that displays a white light to the front,
side, and rear of the vehicle, which light may be actuated by the driver for
use only in inclement weather such as fog, rain, or snow, when boarding or
discharging passengers, from 1/2 hour before sunset until 1/2 hour after
sunrise, or when conditions hinder the visibility of the public transit
vehicle. As used in this subdivision, "public transit vehicle" means
a motor vehicle, other than a station wagon or passenger van, with a gross
vehicle weight rating of more than 10,000 pounds.
(k) A person engaged in the manufacture, sale, or repair of
flashing, rotating, or oscillating lights governed by this subsection may
possess the lights for the purpose of employment, but shall not activate the
lights upon the highway unless authorized to do so under subsection (6).
(l) A vehicle used as
part of a neighborhood watch program may be equipped with flashing, rotating,
or oscillating amber lights, if the vehicle is clearly identified as a
neighborhood watch vehicle and the neighborhood watch program is working in
cooperation with local law enforcement. The lights described in this
subdivision shall must not be activated
when the vehicle is not being used to perform neighborhood watch program
duties.
(6) A person shall not sell, loan, or otherwise furnish a
flashing, rotating, or oscillating blue or red light designed primarily for
installation on an authorized emergency vehicle to a person except a police
officer, sheriff, deputy sheriff, authorized physician, volunteer or paid fire
fighter, volunteer ambulance driver, licensed ambulance driver or attendant of
this state, a county or municipality within this state, a person engaged in the
business of operating an ambulance or wrecker service, or a federally
recognized nonprofit charitable organization that owns and operates an
emergency support vehicle used exclusively for emergencies. This subsection
does not prohibit an authorized emergency vehicle, equipped with flashing,
rotating, or oscillating blue or red lights, from being operated by a person
other than a person described in this section if the person receives
authorization to operate the authorized emergency vehicle from a police
officer, sheriff, deputy sheriff, authorized physician, volunteer or paid fire
fighter, volunteer ambulance driver, licensed ambulance driver or attendant, a
person operating an ambulance or wrecker service, or a federally recognized
nonprofit charitable organization that owns and operates an emergency support
vehicle used exclusively for emergencies, except that the authorization shall must not permit the
person to operate lights as described in subsection (5)(a), (b), (c), (i), or
(j), or to exercise the privileges described in section 603. A person who operates an
authorized emergency vehicle in violation of the terms of an authorization is
guilty of a misdemeanor punishable by imprisonment for not more than 90 days or
a fine of not more than $100.00, or both.
(7) A private motor vehicle of a security guard agency or
alarm company licensed under the private security business and security alarm
act, 1968 PA 330, MCL 338.1051 to 338.1092, may display flashing, rotating, or
oscillating amber lights. The flashing, rotating, or oscillating amber lights shall must not be activated
on a public highway when a vehicle is in motion.
(8) This section does not prohibit, restrict, or limit the
use of lights authorized or required under sections 697, 697a, and 698a.
(9) A person who operates a vehicle in violation of subsection (1), (2), (3), or (4) this section is
responsible for a civil infraction and shall be ordered to pay a civil fine of not more than $100.00.
Sec. 707c. (1) After April 1, 1978, a A motor vehicle shall must not be operated or
driven on a highway or street if the motor vehicle produces total noise
exceeding 1 of the following limits at a distance of 50 feet except as provided
in subdivisions (b)(iii) and (c)(iii):
(a) A motor vehicle with a gross weight or gross vehicle
weight rating of 8,500 pounds or more, combination vehicle with gross weight or
gross vehicle weight ratings of 8,500 pounds or more.
(i) Ninety DBA if the
maximum lawful speed on the highway or street is greater than 35 miles per
hour.
(ii) Eighty-six DBA if
the maximum lawful speed on the highway or street is not more than 35 miles per
hour.
(iii) Eighty-eight DBA
under stationary run-up test.
(b) A motorcycle or a moped:
(i) Eighty-six DBA if
the maximum lawful speed on the highway or street is greater than 35 miles per
hour.
(ii) Eighty-two DBA if
the maximum lawful speed on the highway or street is not more than 35 miles per
hour.
(iii) Ninety-five DBA
under stationary run-up test at 75 inches.
(c) A motor vehicle or a combination of vehicles towed by a
motor vehicle not covered in subdivision (a) or (b):
(i) Eighty-two DBA if
the maximum lawful speed on the highway or street is greater than 35 miles per
hour.
(ii) Seventy-six DBA
if the maximum lawful speed on the highway or street is not more than 35 miles
per hour.
(iii) Ninety-five DBA
under stationary run-up test 20 inches from the end of the tailpipe.
(2) A dealer shall not sell or offer for sale for use upon a
street or highway in this state a new motor vehicle manufactured after April 1, 1978, which that produces a maximum
noise exceeding the following limits:
(a) A motor vehicle with a gross vehicle weight rating of
8,500 pounds or more—83 DBA.
(b) A motorcycle or a moped—83 DBA.
(c) A motor vehicle not covered in subdivision (a) or (b)—80
DBA.
(3) A person shall not operate a vehicle on a highway or
street if the vehicle has a defect in the exhaust system which that affects sound
reduction, is not equipped with a muffler or other noise dissipative device, or
is equipped with a cutout, bypass, amplifier, or a similar device.
(4) A person, either acting for himself or herself or as the
agent or employee of another, shall not sell, install, or replace a muffler or
exhaust part that causes the motor vehicle to which the muffler or exhaust part
is attached to exceed the noise limits established by this act or a rule
promulgated under this act.
(5) A person shall not modify, repair, replace, or remove a
part of an exhaust system causing the motor vehicle to which the system is
attached to produce noise in excess of the levels established by this act, or
operate a motor vehicle so altered on a street or highway.
(6) A dealer shall not sell a used or secondhand motor
vehicle for use upon a street or highway which that is not in compliance with this act.
(7) A person who violates this section is responsible for a
civil infraction and shall be ordered to pay a civil fine of not more than $100.00.
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, 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.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 must be payable immediately.
Except as otherwise provided, a person found responsible or responsible "with
explanation" for a civil infraction must pay costs as provided in
subsection (4) and 1 or more of the following civil fines, as applicable:
(a)
Except as otherwise provided, for a civil infraction under this act or a local
ordinance substantially corresponding to a provision of this act, the person
shall be ordered to pay a civil fine of not more than $100.00.
(b)
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 is increased by $25.00 but the total civil fine must
not be more than $100.00.
(c)
For a violation of section 240, the civil fine ordered under this subsection is
$15.00.
(d)
For a violation of section 312a(4)(a), the civil fine ordered under this
section must not be more than $250.00.
(e)
For a first violation of section 319f(1), the civil fine ordered under this
section must not be less than $2,500.00 or more than $2,750.00; for a second or
subsequent violation, the civil fine must not be less than $5,000.00 or more
than $5,500.00.
(f)
For a violation of section 319g(1)(a), the civil fine ordered under this
section must not be more than $10,000.00.
(g)
For a violation of section 319g(1)(g), the civil fine ordered under this
section must not be less than $2,750.00 or more than $25,000.00.
(h)
For a violation of section 503(2), the civil fine ordered under this section must
not be more than $500.00 for a first offense and $1,000.00 for a second or
subsequent offense.
(i)
For a violation of section 602b, the civil fine ordered under this section must
not be more than $100.00 for a first offense and $200.00 for a second or
subsequent offense.
(j)
For a violation of section 674(1)(s) or a local ordinance substantially
corresponding to section 674(1)(s), the civil fine ordered under this section must
not be less than $100.00 or more than $250.00.
(k)
For a violation of section 676a(3), the civil fine ordered under this section must
not be more than $10.00.
(l) For a violation of section 676c, the civil fine
ordered under this section is $1,000.00.
(m)
For a violation of section 682 or a local ordinance substantially corresponding
to section 682, the civil fine ordered under this section must not be less than
$100.00 or more than $500.00.
(n)
For a violation of section 710d, the civil fine ordered under this section must
not be more than $10.00, subject to subsection (12).
(o)
For a violation of section 710e, the civil fine and court costs ordered under
this subsection must be $25.00.
(3) Except as provided in
this subsection, section, 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 must 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 must not be ordered in excess of $100.00.
A civil fine ordered under subsection (2) or (3) shall must 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 must 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 driver license of that person shall must 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) 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 takes effect 90 days after the date it is enacted into law.
