Bill Text: MI SB0277 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Crimes; vehicle offenses; registering or driving certain former government vehicles without changing the distinctive markings; prohibit. Amends sec. 255 of 1949 PA 300 (MCL 257.255) & adds secs. 224a & 233c.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-02-19 - Referred To Committee On Transportation [SB0277 Detail]

Download: Michigan-2009-SB0277-Introduced.html

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SENATE BILL No. 277

 

 

February 19, 2009, Introduced by Senators JELINEK, ANDERSON, BIRKHOLZ, PAPPAGEORGE and BARCIA and referred to the Committee on Transportation.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 255 (MCL 257.255), as amended by 2003 PA 9, and

 

by adding sections 224a and 233c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 224a. (1) The secretary of state shall not issue a

 

registration plate for a special purpose government vehicle that

 

has been transferred from an agency or unit of local government of

 

this state until the secretary of state receives satisfactory

 

evidence of all of the following:

 

     (a) That the vehicle has been modified in a manner that

 

removes the distinctive markings that characterize it as a special

 

purpose vehicle.

 

     (b) For a former state police vehicle, that the front push

 

bar, state police insignia, any distinctive red or blue lights, and

 

any specialized equipment that is distinctive to state police

 

vehicles have been removed.

 

     (2) The secretary of state may issue a temporary registration

 

plate that is valid for not more than 15 days to allow a person who

 

seeks to register a special purpose vehicle that has been

 

transferred from an agency or unit of local government of this

 

state to comply with the requirements for obtaining a registration

 

plate under this section.

 

     (3) As used in this section, "special purpose vehicle" means a

 

vehicle with a distinctive color, pattern, or markings that

 

identify it as a vehicle used by a government officer or employee

 

in performing official duties, including, but not limited to, a

 

state or local government police vehicle, ambulance, or fire truck.

 

     Sec. 233c. A person who sells at auction a special purpose

 

vehicle, as defined in section 224a, shall inform potential buyers

 

of the special requirements under that section for obtaining a

 

registration plate. A buyer may rescind the sale within 90 days if

 

he or she did not receive the notice required in this section

 

before entering into the sales agreement.

 

     Sec. 255. (1) Except as otherwise provided in this chapter, a

 

person shall not operate, nor shall an owner knowingly permit to be

 

operated, upon any highway, a vehicle required to be registered

 

under this act unless there is attached to and displayed on the

 

vehicle, as required by this chapter, a valid registration plate

 

issued for the vehicle by the department for the current

 

registration year. A registration plate shall not be required upon

 

any wrecked or disabled vehicle, or vehicle destined for repair or

 

junking, which is being transported or drawn upon a highway by a

 

wrecker or a registered motor vehicle.

 

     (2) Except as otherwise provided in this section, a person who

 

violates subsection (1) is responsible for a civil infraction.

 

However, if the vehicle is a commercial vehicle which that is

 

required to be registered according to the schedule of elected

 

gross vehicle weights under section 801(1)(k), the person is guilty

 

of a misdemeanor punishable by imprisonment for not more than 90

 

days or a fine of not more than $500.00, or both.

 

     (3) A person who operates a vehicle licensed under the

 

international registration plan and does not have a valid

 

registration due to nonpayment of the apportioned fee is guilty of

 

a misdemeanor, punishable by imprisonment for not more than 90

 

days, or by a fine of not more than $100.00, or both. In addition,

 

a police officer may impound the vehicle until a valid registration

 

is obtained. If the vehicle is impounded, the towing and storage

 

costs of the vehicle, and the care or preservation of the load in

 

the vehicle shall be the owner's responsibility. Vehicles impounded

 

shall be subject to a lien in the amount of the apportioned fee and

 

any fine and costs incurred under this subsection, subject to a

 

valid lien of prior record. If the apportioned fee, fine, and costs

 

are not paid within 90 days after impoundment, then following a

 

hearing before the judge or magistrate who imposed the fine and

 

costs, the judge or magistrate shall certify the unpaid judgment to

 

the prosecuting attorney of the county in which the violation

 

occurred. The prosecuting attorney shall enforce the lien by

 

foreclosure sale in accordance with the procedure authorized by law

 

for chattel mortgage foreclosures.

 

     (4) A person who operates in violation of subsection (1) a

 

special purpose vehicle, as defined in section 224a, that was

 

transferred from ownership of this state or a unit of local

 

government of this state, is guilty of a misdemeanor punishable by

 

imprisonment for not more than 93 days or a fine of not more than

 

$500.00, or both.