Bill Text: MI SB0089 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Vehicles: equipment; child restraint safety seats; require positioning of car seats to depend on weight of child and make other revisions. Amends secs. 710d, 710e & 907 of 1949 PA 300 (MCL 257.710d et seq.).

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2019-02-06 - Referred To Committee On Families, Seniors And Veterans [SB0089 Detail]

Download: Michigan-2019-SB0089-Introduced.html

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SENATE BILL No. 89

 

 

February 6, 2019, Introduced by Senators SANTANA, HOLLIER, WOJNO, BAYER,       MCMORROW, CHANG, ALEXANDER and BULLOCK and referred to the Committee on   Families, Seniors and Veterans.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 710d, 710e, and 907 (MCL 257.710d, 257.710e,

 

and 257.907), section 710d as amended by 2009 PA 57, section 710e

 

as amended by 2016 PA 460, and section 907 as amended by 2015 PA

 

126.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 710d. (1) Except as provided in this section, or as

 

otherwise provided by law, a rule promulgated under the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328, or federal regulation, each driver transporting a child

 

less than 4 years of age in a motor vehicle shall properly secure

 

that child in a child restraint system that meets the standards

prescribed in 49 CFR 571.213.

 

     (2) A driver transporting a child as required under subsection

 

(1) shall position the child in the child restraint system in a

 

rear seat, if the vehicle is equipped with a rear seat. If all

 

available rear seats are occupied by children, less than 4 years of

 

age, then a child less than 4 years of age may be positioned in the

 

child restraint system in the front seat. A child in a rear-facing

 

child restraint system may be placed in the front seat only if the

 

front passenger air bag is deactivated. In addition, a child shall

 

be seated and positioned as follows:

 

     (a) If the child weighs less than 30 pounds or is less than 2

 

years of age, in a rear-facing child seat.

 

     (b) If the child weighs 30 pounds or more but less than 50

 

pounds, or is 2 years of age or older but less than 5 years of age,

 

in a forward-facing child seat.

 

     (c) If the child is not more than 57 inches tall and weighs 50

 

pounds or more, or is 5 years of age or older but less than 8 years

 

of age, in a booster seat.

 

     (3) This section does not apply if the motor vehicle being

 

driven is a bus, school bus, taxicab, moped, motorcycle, or other

 

motor vehicle not required to be equipped with safety belts under

 

federal law or regulations.

 

     (4) A person who violates this section is responsible for a

 

civil infraction.

 

     (5) Points shall not be assessed under section 320a for a

 

violation of this section. An abstract required under section 732

 

shall not be submitted to the secretary of state regarding a

violation of this section.

 

     (6) The secretary of state may exempt by rules promulgated

 

under the administrative procedures act of 1969, 1969 PA 306, MCL

 

24.201 to 24.328, a class of children from the requirements of this

 

section, if the secretary of state determines that the use of the

 

child restraint system required under subsection (1) is impractical

 

because of physical unfitness, a medical problem, or body size. The

 

secretary of state may specify alternate means of protection for

 

children exempted under this subsection.

 

     Sec. 710e. (1) This section does not apply to an operator or

 

passenger of any of the following:

 

     (a) A motor vehicle manufactured before January 1, 1965.

 

     (b) A bus.

 

     (c) A motorcycle.

 

     (d) A moped.

 

     (e) A motor vehicle if the operator or passenger possesses a

 

written verification from a physician that the operator or

 

passenger is unable to wear a safety belt for physical or medical

 

reasons.

 

     (f) A motor vehicle that is not required to be equipped with

 

safety belts under federal law.

 

     (g) A commercial or United States Postal Service vehicle that

 

makes frequent stops for the purpose of pickup or delivery of goods

 

or services.

 

     (h) A motor vehicle operated by a rural carrier of the United

 

States Postal Service while serving his or her rural postal route.

 

     (2) This section does not apply to a passenger of a school

bus.

 

     (3) Each operator and front seat passenger of a motor vehicle

 

operated on a street or highway in this state shall wear a properly

 

adjusted and fastened safety belt, except as follows:

 

     (a) A that a child who is less than 4 8 years of age shall be

 

protected as required in section 710d.

 

     (b) A child who is 4 years of age or older but less than 8

 

years of age and who is less than 4 feet 9 inches in height shall

 

be properly secured in a child restraint system in accordance with

 

the child restraint manufacturer's and vehicle manufacturer's

 

instructions and the standards prescribed in 49 CFR 571.213.

 

     (4) If there are more passengers than safety belts available

 

for use, and all safety belts in the motor vehicle are being

 

utilized in compliance with this section, the operator of the motor

 

vehicle is in compliance with this section.

 

     (5) Except as otherwise provided in subsection (3)(b), section

 

710d, each operator of a motor vehicle transporting a child 4 8

 

years of age or older but less than 16 years of age in a motor

 

vehicle shall secure the child in a properly adjusted and fastened

 

safety belt and seated as required under this section. If the motor

 

vehicle is transporting more children than there are safety belts

 

available for use, all safety belts available in the motor vehicle

 

are being utilized in compliance with this section, and the

 

operator and all front seat passengers comply with subsection (3),

 

the operator of a motor vehicle transporting a child 8 years of age

 

or older but less than 16 years of age for which there is not an

 

available safety belt is in compliance with this subsection if that

child is seated in other than the front seat of the motor vehicle.

 

However, if that motor vehicle is a pickup truck without an

 

extended cab or jump seats, and all safety belts in the front seat

 

are being used, the operator may transport the child in the front

 

seat without a safety belt.

 

     (6) The operator of a motor vehicle shall wear a lap belt, but

 

is not required to wear a shoulder harness, if the operator is

 

operating the vehicle for the purpose of performing road

 

construction or maintenance in a work zone.

 

     (7) If after December 31, 2005 the office of highway safety

 

planning certifies that there has been less than 80% compliance

 

with the safety belt requirements of this section during the

 

preceding year, enforcement of this section by state or local law

 

enforcement agencies shall be accomplished only as a secondary

 

action when an operator of a motor vehicle has been detained for a

 

suspected violation of another section of this act.

 

     (8) Failure to wear a safety belt in violation of this section

 

may be considered evidence of negligence and may reduce the

 

recovery for damages arising out of the ownership, maintenance, or

 

operation of a motor vehicle. However, that negligence shall not

 

reduce the recovery for damages by more than 5%.

 

     (9) A person who violates this section is responsible for a

 

civil infraction.

 

     (10) A law enforcement agency shall conduct an investigation

 

for all reports of police harassment inappropriate enforcement that

 

result from the enforcement of this section.

 

     (11) The secretary of state shall engage an independent

organization to conduct a 3-year study to determine the effect that

 

the primary enforcement of this section has on the number of

 

incidents of police harassment of motor vehicle operators. The

 

organization that conducts the study shall submit a report to the

 

legislature not later than June 30, 2001 and an annual report not

 

later than June 30 each year thereafter.

 

     (11) (12) The secretary of state shall promote compliance with

 

the safety belt requirements of this section at the branch offices

 

and through any print or visual media determined appropriate by the

 

secretary of state.

 

     (12) (13) It is the intent of the legislature that the

 

enforcement of this section be conducted in a manner calculated to

 

save lives and not in a manner that results in the harassment

 

inappropriate enforcement of this section against the citizens of

 

this state.

 

     (13) (14) Points shall not be assessed under section 320a for

 

a violation of this section.

 

     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.

 

     (3) Except as provided in this subsection, if a person is

 

determined to be responsible or responsible "with explanation" for

 

a civil infraction under this act or a local ordinance

 

substantially corresponding to a provision of this act while

 

driving a commercial motor vehicle, he or she shall be ordered to

 

pay costs as provided in subsection (4) and a civil fine of not

 

more than $250.00.

 

     (4) If a civil fine is ordered under subsection (2) or (3),

 

the judge or district court magistrate shall summarily tax and

 

determine the costs of the action, which are not limited to the

 

costs taxable in ordinary civil actions, and may include all

 

expenses, direct and indirect, to which the plaintiff has been put

 

in connection with the civil infraction, up to the entry of

 

judgment. Costs shall not be ordered in excess of $100.00. A civil

 

fine ordered under subsection (2) or (3) shall not be waived unless

costs ordered under this subsection are waived. Except as otherwise

 

provided by law, costs are payable to the general fund of the

 

plaintiff.

 

     (5) In addition to a civil fine and costs ordered under

 

subsection (2) or (3) and subsection (4) and the justice system

 

assessment ordered under subsection (13), the judge or district

 

court magistrate may order the person to attend and complete a

 

program of treatment, education, or rehabilitation.

 

     (6) A district court magistrate shall impose the sanctions

 

permitted under subsections (2), (3), and (5) only to the extent

 

expressly authorized by the chief judge or only judge of the

 

district court district.

 

     (7) Each district of the district court and each municipal

 

court may establish a schedule of civil fines, costs, and

 

assessments to be imposed for civil infractions that occur within

 

the respective district or city. If a schedule is established, it

 

shall be prominently posted and readily available for public

 

inspection. A schedule need not include all violations that are

 

designated by law or ordinance as civil infractions. A schedule may

 

exclude cases on the basis of a defendant's prior record of civil

 

infractions or traffic offenses, or a combination of civil

 

infractions and traffic offenses.

 

     (8) The state court administrator shall annually publish and

 

distribute to each district and court a recommended range of civil

 

fines and costs for first-time civil infractions. This

 

recommendation is not binding upon the courts having jurisdiction

 

over civil infractions but is intended to act as a normative guide

for judges and district court magistrates and a basis for public

 

evaluation of disparities in the imposition of civil fines and

 

costs throughout the state.

 

     (9) If a person has received a civil infraction citation for

 

defective safety equipment on a vehicle under section 683, the

 

court shall waive a civil fine, costs, and assessments upon receipt

 

of certification by a law enforcement agency that repair of the

 

defective equipment was made before the appearance date on the

 

citation.

 

     (10) A default in the payment of a civil fine or costs ordered

 

under subsection (2), (3), or (4) or a justice system assessment

 

ordered under subsection (13), or an installment of the fine,

 

costs, or assessment, may be collected by a means authorized for

 

the enforcement of a judgment under chapter 40 of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or

 

under chapter 60 of the revised judicature act of 1961, 1961 PA

 

236, MCL 600.6001 to 600.6098.

 

     (11) If a person fails to comply with an order or judgment

 

issued under this section within the time prescribed by the court,

 

the driver's license of that person shall be suspended under

 

section 321a until full compliance with that order or judgment

 

occurs. In addition to this suspension, the court may also proceed

 

under section 908.

 

     (12) The court may waive any civil fine, cost, or assessment

 

against a person who received a civil infraction citation for a

 

violation of section 710d if the person, before the appearance date

 

on the citation, supplies the court with evidence of acquisition ,

purchase, or rental of a child seating system meeting the

 

requirements of section 710d and evidence that the person has

 

received education from a certified child passenger safety

 

technician.

 

     (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 180 days

 

after the date it is enacted into law.