Bill Text: MI HB5853 | 2019-2020 | 100th Legislature | Enrolled
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-Enrolled.html
state of michigan
100th Legislature
Regular session of 2020
Introduced by Reps. Kahle, Yancey, Lasinski, Brenda Carter, Tyrone Carter, Hope, Whitsett, Hood, Sneller, Sabo, Warren, Sowerby, Cambensy, Clemente, Cherry, Manoogian, Kuppa, Hoadley, Brann, Gay-Dagnogo, Guerra, O’Malley, Wozniak, Brixie, Peterson, Bolden, Meerman, Ellison, Wittenberg, Hammoud, Kennedy and Chirkun
ENROLLED HOUSE BILL No. 5853
AN ACT to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 208b, 239, 312a, 325, 624b, 677a, 682c, 698, 707c, and 907 (MCL 257.208b, 257.239, 257.312a, 257.325, 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 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 responsible for a civil
infraction and shall be ordered to pay a civil fine of not more than $100.00.
(6) Each limo
carrier of passengers shall subscribe to the commercial look-up service
maintained by the secretary of state.
(7) 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 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 responsible for a civil infraction and
shall be ordered to pay a civil fine of not more than $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 responsible for a civil infraction and
shall be ordered to pay a civil fine of not more than $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
responsible for a civil infraction and shall be ordered to pay a civil
fine of not
more than $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. A person shall not fail or
neglect to properly endorse and deliver a certificate of title to a transferee
or owner lawfully entitled 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) 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 must be issued, suspended, revoked,
canceled, or renewed in accordance with and governed by this act.
(2) An individual, before
operating a moped upon a highway, shall procure a special
restricted license to operate a moped unless the individual has a valid operator’s or chauffeur’s license. A special
restricted license to operate a moped may be issued to an individual 15 years of age or older if the 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 expires
on the birthday of the individual it is issued to in the
fourth year following the date of issuance. A license must not be issued for a period longer than 4 years. 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 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) 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, 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 1 or more prior judgments, the individual is guilty of a
misdemeanor punishable by imprisonment for not more
than 1 year or a fine of not more than $500.00, or
both.
Sec. 325. 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. 624b. (1) 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 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 individual’s control
during regular working hours and in the course of the individual’s employment. This section does not prevent an
individual less than 21 years of age from
knowingly transporting alcoholic liquor in a motor vehicle if an
individual at least 21 years of age is present
inside the motor vehicle. An individual who
violates this subsection is guilty of a misdemeanor. As part of the sentence,
the 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 must
be under oath and 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 must fix a date
and time for a hearing, that is not less than 10 days
after the issuance of the order. The order 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 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 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 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 an
individual less than 18 years of age allegedly
violated this section, shall notify the parent or parents, custodian, or
guardian of the 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 must be made not later than
48 hours after the law enforcement agency determines that the 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” 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 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 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 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. Except as otherwise provided, a lamp or a
part designed to be a reflector, if visible from the front, must display or reflect a white or amber light; if visible from
either side, must display or reflect an
amber or red light; and if visible from the rear, must display or reflect a red light.
(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 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, 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.
(d) Flashing, rotating, or oscillating amber or green lights,
placed in a position as to be visible throughout an arc of 360 degrees, 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 under state or
federal law or a vehicle operated by an employee of the department of natural
resources or the department of 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 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 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 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 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 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 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.
(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 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 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) A motor vehicle 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 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 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 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 that substantially corresponds to a provision of this act, that is
designated a civil infraction must not be considered a lesser included offense of a
criminal offense.
(2) 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 that substantially corresponds 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 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.
(i) For a violation of section 674(1)(s) or a local ordinance that substantially corresponds to section 674(1)(s), the civil fine ordered under this section must not be less than $100.00 or more than $250.00.
(j) For a violation of section 676a(3), the civil fine ordered under this section must not be more than $10.00.
(k) For a violation of section 676c, the civil fine ordered under this section is $1,000.00.
(l)
For a violation of section 682 or a local ordinance that substantially
corresponds to section 682, the civil fine ordered under this section must not
be less than $100.00 or more than $500.00.
(m) For a violation of section 710d, the civil fine ordered under this section must not be more than $10.00, subject to subsection (11).
(n) 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 section, if a person is determined to be responsible or responsible “with explanation”
for a civil infraction under this act or a local ordinance that substantially corresponds
to a
provision of this act while driving a commercial motor vehicle, he or she 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 must
not be
ordered in excess of $100.00. A civil fine ordered under subsection (2) or (3) 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 (12), 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 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 on 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 this 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 on 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 (12), 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)
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.
(12)
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. On 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.
(13)
If a person
has received a citation for a violation of section 223, the court shall waive
any civil fine, costs, and assessment, on 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.
(14)
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 on 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.
(15)
If a person
is determined to be responsible or responsible “with explanation” for a civil
infraction under this act or a local ordinance that substantially corresponds
to a
provision of this act and the civil infraction arises out of the ownership or
operation of a commercial quadricycle, he or she must be ordered to pay
costs as provided in subsection (4) and a civil fine of not more than $500.00.
(16)
As used in
this section, “moving violation” means an act or omission prohibited under this
act or a local ordinance that substantially corresponds 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 October 1, 2021.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 5846 of the 100th Legislature is enacted into law.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
