Bill Text: MI SB0023 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Environmental protection; air pollution; idling of certain vehicles; restrict. Amends secs. 328, 605, 675d, 742 & 907 of 1949 PA 300 (MCL 257.328 et seq.) & adds sec. 674b.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2013-01-16 - Referred To Committee On Transportation [SB0023 Detail]

Download: Michigan-2013-SB0023-Introduced.html

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SENATE BILL No. 23

 

 

January 16, 2013, Introduced by Senators HOPGOOD and WARREN and referred to the Committee on Transportation.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 328, 605, 675d, 742, and 907 (MCL 257.328,

 

257.605, 257.675d, 257.742, and 257.907), section 328 as amended by

 

2004 PA 52, sections 605 and 907 as amended by 2011 PA 159, section

 

675d as amended by 2010 PA 211, and section 742 as amended by 2008

 

PA 171, and by adding section 674b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 328. (1) The owner of a motor vehicle who operates or

 

permits the operation of the motor vehicle upon the highways of

 

this state or the operator of the motor vehicle shall produce,

 

pursuant to subsection (2), upon the request of a police officer,

 

evidence that the motor vehicle is insured under chapter 31 of the

 

insurance code of 1956, 1956 PA 218, MCL 500.3101 to 500.3179.

 

Subject to section 907(16), 907(15), an owner or operator of a

 

motor vehicle who fails to produce evidence of insurance under this

 

subsection when requested to produce that evidence or who fails to

 

have motor vehicle insurance for the vehicle as required under

 

chapter 31 of the insurance code of 1956, 1956 PA 218, MCL 500.3101

 

to 500.3179, is responsible for a civil infraction.

 

     (2) A certificate of insurance, issued by an insurance

 

company, that certifies that the security that meets the

 

requirements of sections 3101 and 3102 of the insurance code of

 

1956, 1956 PA 218, MCL 500.3101 and 500.3102, is in force shall be

 

accepted as prima facie evidence that insurance is in force for the

 

motor vehicle described in the certificate of insurance until the

 

expiration date shown on the certificate. The certificate, in

 

addition to describing the motor vehicles for which insurance is in

 

effect, shall state the name of each person named on the policy,

 

policy declaration, or a declaration certificate whose operation of

 

the vehicle would cause the liability coverage of that insurance to

 

become void.

 

     (3) If, before the appearance date on the citation, the person

 

submits proof to the court that the motor vehicle had insurance

 

meeting the requirements of sections 3101 and 3102 of the insurance

 

code of 1956, 1956 PA 218, MCL 500.3101 and 500.3102, at the time

 

the violation of subsection (1) occurred, all of the following

 

apply:

 

     (a) The court shall not assess a fine or costs.

 

     (b) The court shall not cause an abstract of the court record

 

to be forwarded to the secretary of state.

 

     (c) The court may assess a fee of not more than $25.00, which

 

shall be paid to the court funding unit.

 

     (4) If an owner or operator of a motor vehicle is determined

 

to be responsible for a violation of subsection (1), the court in

 

which the civil infraction determination is entered may require the

 

person to surrender his or her operator's or chauffeur's license

 

unless proof that the vehicle has insurance meeting the

 

requirements of sections 3101 and 3102 of the insurance code of

 

1956, 1956 PA 218, MCL 500.3101 and 500.3102, is submitted to the

 

court. If the court requires the license to be surrendered, the

 

court shall order the secretary of state to suspend the person's

 

license. The court shall immediately destroy the license and shall

 

forward to the secretary of state an abstract of the court record

 

as required by section 732. Upon receipt of the abstract, the

 

secretary of state shall suspend the person's license beginning

 

with the date on which a the person is was determined to be

 

responsible for the civil infraction for a period of 30 days or

 

until proof of insurance meeting the requirements of sections 3101

 

and 3102 of the insurance code of 1956, 1956 PA 218, MCL 500.3101

 

and 500.3102, is submitted to the secretary of state, whichever

 

occurs later. A person who submits proof of insurance to the

 

secretary of state under this subsection shall pay a service fee of

 

$25.00 to the secretary of state. The person shall not be required

 

to be examined as set forth in section 320c and shall not be

 

required to pay a replacement license fee.

 

     (5) If an owner or operator of a motor vehicle is determined

 

to be responsible for a violation of subsection (1), the court in

 

which the civil infraction determination is entered shall notify

 

the secretary of state of the vehicle registration number and the

 

year and make of the motor vehicle being operated at the time of

 

the violation. This notification shall be made on the abstract or

 

on a form approved by the supreme court administrator. Upon

 

receipt, the secretary of state shall immediately enter this

 

information in the records of the department. The secretary of

 

state shall not renew, transfer, or replace the registration plate

 

of the vehicle involved in the violation or allow the purchase of a

 

new registration plate for the vehicle involved in the violation

 

until the owner meets the requirements of section 227a or unless

 

the vehicle involved in the violation is transferred or sold to a

 

person other than the owner's spouse, mother, father, sister,

 

brother, or child.

 

     (6) An owner or operator of a motor vehicle who knowingly

 

produces false evidence under this section is guilty of a

 

misdemeanor, punishable by imprisonment for not more than 1 year ,

 

or a fine of not more than $1,000.00, or both.

 

     (7) Points shall not be entered on a driver's record pursuant

 

to section 320a for a violation of this section.

 

     (8) This section does not apply to the owner or operator of a

 

motor vehicle that is registered in a state other than this state

 

or in a foreign country or province.

 

     Sec. 605. (1) This chapter and chapter VIII apply uniformly

 

throughout this state and in all political subdivisions and

 

municipalities in the state. A local authority shall not adopt,

 

enact, or enforce a local law that provides lesser penalties or

 

that is otherwise in conflict with this chapter or chapter VIII.

 

     (2) A local law or portion of a local law that imposes a

 

criminal penalty for an act or omission that is a civil infraction

 

under this act, or that imposes a criminal penalty or civil

 

sanction in excess of that prescribed in this act, is in conflict

 

with this act and is void to the extent of the conflict.

 

     (3) Except for a case in which the citation is dismissed

 

pursuant to subsection (4), proceeds of a civil fine imposed by a

 

local authority for violation of a local law regulating the

 

operation of a commercial motor vehicle and substantially

 

corresponding to a provision of this act shall be paid to the

 

county treasurer and allocated as follows:

 

     (a) Seventy percent to the local unit of government in which

 

the citation is issued.

 

     (b) Thirty percent for library purposes as provided by law.

 

     (3) (4) 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 pursuant to section 683 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) (5) As used in this section, "local law" includes a local

 

charter provision, ordinance, rule, or regulation.

 

     Sec. 674b. (1) As used in this section:

 

     (a) "Hybrid vehicle" means a vehicle that uses an onboard

 

renewable energy storage system and a fuel-based power source for

 

propulsion.

 

     (b) "Load/unload location" or "location" means a location

 

where vehicles load or unload.

 

     (c) "Vehicle" means a vehicle that meets all of the following

 

requirements:

 

     (i) Is gasoline or diesel powered.

 

     (ii) Is designed to operate on a highway at a speed of 45 or

 

more miles per hour.

 

     (iii) Weighs over 8,500 pounds.

 

     (iv) Is not a hybrid vehicle.

 

     (2) The owner or operator of a vehicle shall not cause or

 

permit the vehicle to park or stand at idle for more than 5 total

 

minutes in any 60-minute period except as provided in subsection

 

(3). A violation of this subsection or a local ordinance

 

substantially corresponding to this subsection is considered a

 

parking or standing violation.

 

     (3) Subsection (2) does not apply to a vehicle that idles

 

under any of the following circumstances:

 

     (a) While forced to remain motionless because of on-highway

 

traffic or an official traffic control device or signal or at the

 

direction of a law enforcement officer.

 

     (b) When operating a defroster or during installation of

 

equipment, solely to prevent a safety or health emergency.

 

     (c) When operating a heater or air conditioner for 1 or more

 

of the following purposes:

 

     (i) To prevent a safety or health emergency.

 

     (ii) For comfort of a person in a sleeping berth when outdoor

 

temperatures are less than 40 degrees or more than 80 degrees

 

Fahrenheit if the vehicle is not equipped with a functioning

 

auxiliary power unit. This subparagraph does not apply on or after

 

January 1, 2014.

 

     (d) If the vehicle is an ambulance or a police, fire, public

 

safety, military, or other vehicle, while being used in an

 

emergency or emergency training capacity and not for the

 

convenience of the vehicle operator.

 

     (e) If the vehicle is a wrecker, at a site to which it has

 

been summoned by a law enforcement agency.

 

     (f) As required for vehicle maintenance, service, repair, or

 

diagnostic purposes, if idling is required for the activity.

 

     (g) As required as part of a state or federal inspection to

 

verify that all equipment is in good working order.

 

     (h) During an inspection under 49 CFR 392.7, 392.8, or 392.9.

 

     (i) To power work-related mechanical or electrical operations

 

other than propulsion, such as operation of a hoist or other

 

vehicle recovery equipment by a wrecker, operation of a well-

 

driller, mixing or processing cargo, or straight truck

 

refrigeration, if the vehicle is not equipped with an auxiliary

 

power unit. This subdivision does not apply to idling for cabin

 

comfort or the operation of nonessential onboard equipment.

 

     (j) To power a medical device, such as a continuous positive

 

airway pressure machine, being used by a person present in a

 

sleeping berth during a sleep or rest period, if the vehicle is not

 

equipped with a functioning auxiliary power unit.

 

     (k) If the vehicle is an armored vehicle, while a person

 

remains inside the vehicle to guard the contents or while the

 

vehicle is being loaded or unloaded.

 

     (l) Because of mechanical difficulties over which the driver

 

has no control if, within 30 days after receiving a citation under

 

subsection (6), the vehicle owner submits to the appropriate law

 

enforcement authority the repair paperwork or product receipt

 

verifying that the mechanical problem has been fixed.

 

     (m) During stationary diesel particulate filter regeneration.

 

     (4) The owner of a load/unload location shall not cause a

 

vehicle that must stand or park at idle to power straight truck

 

refrigeration or for similar purposes to stand or park at idle at

 

the location for more than 5 total minutes, not including time

 

spent loading or unloading.

 

     (5) This section does not prohibit operating an auxiliary

 

power unit, generator set, or other mobile idle reduction

 

technology as a means to heat, air-condition, or provide electrical

 

power as an alternative to idling a vehicle's primary propulsion

 

engine.

 

     (6) Subject to subsection (7), a person who violates this

 

section is responsible for a civil infraction and may be ordered to

 

pay a civil fine of not more than the following:

 

     (a) For a first violation, $150.00.

 

     (b) For a second violation, $300.00.

 

     (c) For a third or subsequent violation, $500.00.

 

     (7) If a judge or district court magistrate orders a person to

 

pay a civil fine under subsection (6), the judge or district court

 

magistrate shall also order the person to pay costs as provided in

 

section 907(4).

 

     (8) A person authorized to enforce this section shall not

 

issue a citation for a violation occurring before 90 days after the

 

effective date of the amendatory act that added this section but

 

may give the violator a warning.

 

     (9) This section preempts a local ordinance that would extend,

 

revise, or conflict with this section. However, a city, village, or

 

township may adopt an ordinance that substantially corresponds to

 

this section.

 

     Sec. 675d. (1) Except as provided in subsection (2), a law

 

enforcement agency or a local unit of government may implement and

 

administer a program to authorize and utilize persons other than

 

police officers as volunteers to issue citations for the following

 

violations:

 

     (a) Parking on a sidewalk in violation of section 674(1)(a) or

 

a local ordinance substantially corresponding to section 674(1)(a).

 

     (b) Parking in front of a public or private driveway in

 

violation of section 674(1)(b) or a local ordinance substantially

 

corresponding to section 674(1)(b).

 

     (c) Parking within 15 feet of a fire hydrant in violation of

 

section 674(1)(d) or a local ordinance substantially corresponding

 

to section 674(1)(d).

 

     (d) Parking on a crosswalk in violation of section 674(1)(e)

 

or a local ordinance substantially corresponding to section

 

674(1)(e).

 

     (e) Parking within 20 feet of a crosswalk or, if there is not

 

a crosswalk, within 15 feet of the intersection of property lines

 

at an intersection of highways, in violation of section 674(1)(f)

 

or a local ordinance substantially corresponding to section

 

674(1)(f).

 

     (f) Parking at a place where an official sign prohibits

 

stopping or parking in violation of section 674(1)(n) or a local

 

ordinance substantially corresponding to section 674(1)(n). This

 

subdivision does not authorize a volunteer to issue a citation for

 

any other violation set forth in section 674 or a local ordinance

 

substantially corresponding to section 674.

 

     (g) Parking in a space reserved for use by disabled persons in

 

violation of section 674(1)(s) or a local ordinance substantially

 

corresponding to section 674(1)(s).

 

     (h) Parking in an access aisle or access lane immediately

 

adjacent to a space designated for parking by persons with

 

disabilities in violation of section 674(1)(t) or a local ordinance

 

substantially corresponding to section 674(1)(t).

 

     (i) Parking in violation of an official sign restricting the

 

period of time for or manner of parking in violation of section

 

674(1)(w) or a local ordinance substantially corresponding to

 

section 674(1)(w). This subdivision does not authorize a volunteer

 

to issue a citation for any other violation set forth in section

 

674 or a local ordinance substantially corresponding to section

 

674.

 

     (j) Parking in a space or in a manner that blocks access to a

 

fire lane in violation of section 674(1)(aa) or a local ordinance

 

substantially corresponding to section 674(1)(aa).

 

     (k) Parking or standing at idle in violation of section 674b

 

or a local ordinance substantially corresponding to section 674b. A

 

volunteer under this subsection shall not go on private property

 

that is not open to the public for the purpose of enforcing section

 

674b or a local ordinance substantially corresponding to section

 

674b.

 

     (2) Before authorizing and utilizing persons other than police

 

officers to issue citations, the law enforcement agency or local

 

unit of government shall implement a program to train the persons

 

to properly issue citations as provided in this section, of which

 

not less than 8 hours shall be in parking enforcement, conducted by

 

that law enforcement agency or the law enforcement agency for that

 

local unit of government or, if the local unit of government does

 

not have a law enforcement agency, by the county sheriff. A person

 

who successfully completes a program of training implemented under

 

this section may issue citations as provided in this section as

 

authorized by the law enforcement agency or local unit of

 

government. A law enforcement agency of a local unit of government

 

shall not implement or administer a program under this section

 

without the specific authorization of the governing body of that

 

local unit of government. A law enforcement agency shall not

 

implement or administer a program under this section that would

 

allow volunteers to issue citations under subsection (1)(a), (b),

 

(c), (d), (e), (f), or (i), or (k) for any violations for which the

 

use of volunteers is prohibited under a collective bargaining

 

agreement between that local unit of government and any law

 

enforcement officers of that local unit of government.

 

     (3) As used in this section:

 

     (a) "Law enforcement agency" means any of the following:

 

     (i) A police agency of a city, village, or township.

 

     (ii) A sheriff's department.

 

     (iii) The department of state police.

 

     (iv) Any other governmental law enforcement agency in this

 

state.

 

     (b) "Local unit of government" means a state university or

 

college or a county, city, village, or township.

 

     Sec. 742. (1) A police officer who witnesses a person

 

violating this act or a local ordinance substantially corresponding

 

to this act, which violation is a civil infraction, may stop the

 

person, detain the person temporarily for purposes of making a

 

record of vehicle check, and prepare and subscribe, as soon as

 

possible and as completely as possible, an original and 3 copies of

 

a written citation, which shall be a notice to appear in court for

 

1 or more civil infractions. If a police officer of a village,

 

city, township, or county, or a police officer who is an authorized

 

agent of a county road commission, witnesses a person violating

 

this act or a local ordinance substantially corresponding to this

 

act within that village, city, township, or county and that

 

violation is a civil infraction, that police officer may pursue,

 

stop, and detain the person outside the village, city, township, or

 

county where the violation occurred for the purpose of exercising

 

the authority and performing the duties prescribed in this section

 

and section 749, as applicable.

 

     (2) Any police officer, having reason to believe that the

 

load, weight, height, length, or width of a vehicle or load are in

 

violation of section 717, 719, 719a, 722, 724, 725, or 726 which

 

violation is a civil infraction, may require the driver of the

 

vehicle to stop, and the officer may investigate, weigh, or measure

 

the vehicle or load. If, after personally investigating, weighing,

 

or measuring the vehicle or load, the officer determines that the

 

load, weight, height, length, or width of the vehicle or load are

 

in violation of section 717, 719, 719a, 722, 724, 725, or 726, the

 

officer may temporarily detain the driver of the vehicle for

 

purposes of making a record or vehicle check and issue a citation

 

to the driver or owner of the vehicle as provided in those

 

sections.

 

     (3) A police officer may issue a citation to a person who is a

 

driver of a motor vehicle involved in an accident when, based upon

 

personal investigation, the officer has reasonable cause to believe

 

that the person is responsible for a civil infraction in connection

 

with the accident. A police officer may issue a citation to a

 

person who is a driver of a motor vehicle when, based upon personal

 

investigation by the police officer of a complaint by someone who

 

witnessed the person violating this act or a local ordinance

 

substantially corresponding to this act, which violation is a civil

 

infraction, the officer has reasonable cause to believe that the

 

person is responsible for a civil infraction and if the prosecuting

 

attorney or attorney for the political subdivision approves in

 

writing the issuance of the citation.

 

     (4) The form of a citation issued under subsection (1), (2),

 

or (3) shall be as prescribed in sections 727c and 743.

 

     (5) The officer shall inform the person of the alleged civil

 

infraction or infractions and shall deliver the third copy of the

 

citation to the alleged offender.

 

     (6) In a civil infraction action involving the parking or

 

standing of a motor vehicle , a copy of the citation is not

 

required to be served personally upon the defendant but may be

 

served upon the registered owner by attaching the copy to the

 

vehicle. A city may authorize personnel other than a police officer

 

to issue and serve a citation for a violation of its ordinance

 

involving the parking or standing of a motor vehicle. A city may

 

authorize a person other than personnel or a police officer to

 

issue and serve a citation for parking violations described in

 

section 675d if the city has complied with the requirements of

 

section 675d. State security personnel receiving authorization

 

under section 6c of 1935 PA 59, MCL 28.6c, may issue and serve

 

citations for violations involving the parking or standing of

 

vehicles on land owned by the state or land of which the state is

 

the lessee when authorized to do so by the director of the

 

department of state police. A person, other than a peace officer,

 

described in this subsection as authorized to issue and serve a

 

citation shall not go on private property that is not open to the

 

public for the purpose of enforcing section 674b or a local

 

ordinance substantially corresponding to section 674b.

 

     (7) If a parking violation notice other than a citation is

 

attached to a motor vehicle, and if an admission of responsibility

 

is not made and the civil fine and costs, if any, prescribed by

 

ordinance for the violation are not paid at the parking violations

 

bureau, a citation may be filed with the court described in section

 

741(4) and a copy of the citation may be served by first-class mail

 

upon the registered owner of the vehicle at the owner's last known

 

address. A parking violation notice may be issued by a police

 

officer, including a limited duty officer, or other personnel duly

 

authorized by the city, village, township, college, or university

 

to issue such a notice under its ordinance. The citation filed with

 

the court pursuant to this subsection need not comply in all

 

particulars with sections 727c and 743 but shall consist of a sworn

 

complaint containing the allegations stated in the parking

 

violation notice and shall fairly inform the defendant how to

 

respond to the citation.

 

     (8) A citation issued under subsection (6) or (7) for a

 

parking or standing violation shall be processed in the same manner

 

as a citation issued personally to a defendant under subsection (1)

 

or (3).

 

     (9) As used in subsection (7):

 

     (a) "Parking violation notice" means a notice, other than a

 

citation, directing a person to appear at a parking violations

 

bureau in the city, village, or township in which, or of the

 

college or university for which, the notice is issued and to pay

 

the fine and costs, if any, prescribed by ordinance for the parking

 

or standing of a motor vehicle in violation of the ordinance.

 

     (b) "Parking violations bureau" means a parking violations

 

bureau established pursuant to section 8395 of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.8395, or a comparable

 

parking violations bureau established in a city or village served

 

by a municipal court or established pursuant to law by the

 

governing board of a state university or college.

 

     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 pursuant to 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 674b or a

 

local ordinance substantially corresponding to section 674b, the

 

person may be ordered to pay a civil fine and costs as provided in

 

that section. 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. 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 subsection shall be not more than $10.00. For a first

 

violation of section 319f(1), the civil fine ordered under this

 

section subsection 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 subsection shall be not more than $10,000.00. For a

 

violation of section 319g(1)(g), the civil fine ordered under this

 

section subsection 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 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 operating 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. This subsection does not apply to a

 

violation of section 674b.

 

     (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 (14), (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 (14), (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 pursuant to this section within the time prescribed by the

 

court, the driver's license of that person shall be suspended

 

pursuant to 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 shall 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) Until October 1, 2003, in addition to any civil fines and

 

costs ordered to be paid under this section, the judge or district

 

court magistrate shall levy an assessment of $5.00 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. An assessment paid before October 1, 2003 shall be

 

transmitted by the clerk of the court to the state treasurer to be

 

deposited into the Michigan justice training fund. An assessment

 

ordered before October 1, 2003 but collected on or after October 1,

 

2003 shall be transmitted by the clerk of the court to the state

 

treasurer for deposit in 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) (14) Effective October 1, 2003, 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) (15) 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) (16) If a person has received a citation for a violation

 

of section 328(1) for failing to produce a certificate of insurance

 

pursuant to 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) (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.