Bill Text: MI SB0615 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Traffic control; parking; angle parking on roadway; permit on state trunkline highway under certain circumstances. Amends sec. 675 of 1949 PA 300 (MCL 257.675).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-10-10 - Referred To Committee On Transportation [SB0615 Detail]

Download: Michigan-2013-SB0615-Introduced.html

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SENATE BILL No. 615

 

 

October 10, 2013, Introduced by Senator CASPERSON and referred to the Committee on Transportation.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 675 (MCL 257.675), as amended by 2004 PA 151.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 675. (1) Except as otherwise provided in this section and

 

this chapter, a vehicle stopped or parked upon a highway or street

 

shall be stopped or parked with the wheels of the vehicle parallel

 

to the roadway and within 12 inches of any curb existing at the

 

right of the vehicle.

 

     (2) A local authority may by ordinance permit parking of a

 

vehicle on a 1-way roadway with the vehicle's left wheels adjacent

 

to and within 12 inches of any curb existing at the left of the

 

vehicle.

 

     (3) A local authority may by ordinance permit angle parking on

 

a roadway, except that angle parking shall not be permitted on a

 

state trunk line highway unless authorized by the state

 

transportation department.

 

     (4) The state transportation commission with respect to state

 

trunk line highways and the board of county road commissioners with

 

respect to county roads, acting jointly with the director of the

 

department of state police, may place signs prohibiting or

 

restricting the stopping, standing, or parking of vehicles on a

 

highway where, in the opinion of the officials as determined by an

 

engineering survey, the stopping, standing, or parking is dangerous

 

to those using the highway or where the stopping, standing, or

 

parking of vehicles would unduly interfere with the free movement

 

of traffic on the highway or street. The signs shall be official

 

signs and a person shall not stop, stand, or park a vehicle in

 

violation of the restrictions stated on the signs. The signs shall

 

be installed only after a proper traffic order is filed with the

 

county clerk. Upon the application to the state transportation

 

commission by a home rule city affected by an order, opportunity

 

shall be given to the city for a hearing before the state

 

transportation commission, pursuant to under the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, except

 

when an ordinance of the home rule city prohibits or restricts the

 

parking of vehicles on a state trunk line highway; when the home

 

rule city, by lawfully authorized official action, requests the

 

state transportation department to prohibit or restrict parking on

 

a state trunk line highway; or when the home rule city enters into

 

a construction agreement with the state transportation department

 

providing for the prohibition or restriction of parking on a state

 

trunk line highway during or after the period of construction.

 

Traffic control orders, so long as they affect parking upon a state

 

trunk line highway within the corporate limits of a home rule city,

 

are considered "rules" within the meaning of the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and upon

 

application for a hearing by a home rule city, the proceedings

 

before the state transportation commission shall be considered a

 

"contested case" within the meaning of that act.

 

     (5) A disabled person may apply, on a form prescribed by the

 

secretary of state, for a serially numbered nontransferable

 

temporary or permanent windshield placard for the personal use of

 

the disabled person. An individual who has a religious objection to

 

having a medical examination may personally apply at a branch

 

office of the secretary of state for a serially numbered

 

nontransferable temporary or permanent windshield placard for the

 

personal use of the disabled individual. If it appears obvious that

 

the individual has a qualifying disability, the individual shall

 

not be required to present a medical statement attesting to the

 

disability. The application for and the issuance of the serially

 

numbered nontransferable temporary or permanent windshield placard

 

is subject to all of the following:

 

     (a) The secretary of state may issue to a disabled person with

 

a temporary disability a temporary windshield placard that is valid

 

for a period of not more than 6 months.

 

     (b) The secretary of state may issue to a disabled person with

 

a permanent disability an original or renewal permanent windshield

 

placard that is valid for at least a period of not more than 4

 

years.

 

     (c) An original certificate of identification or permanent

 

windshield placard shall expire expires on the disabled person's

 

fifth birthday after the date of issuance.

 

     (d) A renewal permanent windshield placard shall expire

 

expires on the disabled person's fourth birthday after the date of

 

renewal.

 

     (e) A Except as otherwise provided in this subsection, not

 

more than 45 days immediately preceding the expiration of his or

 

her certificate or placard, a person holding a certificate of

 

identification or permanent windshield placard at any time within

 

45 days before the expiration of his or her certificate or placard

 

may make application apply for a new or renewal placard as provided

 

for in this section. However, if the person will be out of state

 

during the 45 days immediately preceding expiration of the

 

certificate or placard or for other good cause shown cannot apply

 

for a placard within the 45-day period, application the person may

 

apply for a new or renewal placard may be made not more than 6

 

months before expiration of the certificate or placard expires. A

 

placard issued or renewed under this subdivision shall expire

 

expires as provided for in this subsection.

 

     (f) Upon application in the manner prescribed by the secretary

 

of state for replacement of a lost, stolen, or destroyed

 

certificate or placard described in this section, a disabled person

 

or organization that provides specialized services to disabled

 

persons may be issued a placard that in substance duplicates the

 

original certificate or placard for a fee of $10.00.

 

     (g) A certificate or placard described in this section may be

 

used by a person other than the disabled person for the sole

 

purpose of transporting the disabled person. An organization that

 

provides specialized services to disabled persons may apply for and

 

receive a permanent windshield placard to be used in any motor

 

vehicle actually transporting a disabled person. If the

 

organization ceases to transport disabled persons, the placard

 

shall be returned to the secretary of state for cancellation and

 

destruction.

 

     (6) A disabled person with a certificate of identification,

 

windshield placard, special registration plates issued under

 

section 803d, a special registration plate issued under section

 

803f that has a tab for persons with disabilities attached, a

 

certificate of identification or windshield placard from another

 

state, or special registration plates from another state issued for

 

persons with disabilities is entitled to courtesy in the parking of

 

a vehicle. The courtesy shall relieve the disabled person or the

 

person transporting the disabled person from liability for a

 

violation with respect to parking, other than in violation of this

 

act. A local authority may by ordinance prohibit parking on a

 

street or highway to create a fire lane or to provide for the

 

accommodation of heavy traffic during morning and afternoon rush

 

hours, and the privileges extending to veterans and physically

 

disabled persons under this subsection do not supersede that

 

ordinance.

 

     (7) Except as otherwise provided in subsection (24), an

 

application for an initial free parking sticker shall contain a

 

certification by a physician, physician assistant, or certified

 

nurse practitioner licensed to practice in this state attesting to

 

the nature and estimated duration of the applicant's disabling

 

condition and verifying that the applicant qualifies for a free

 

parking sticker. An individual who has a religious objection to

 

having a medical examination may personally apply at a branch

 

office of the secretary of state for an initial free parking

 

sticker. If it appears obvious that the individual is unable to do

 

1 or more of the acts listed in subdivisions (a) to (d), the

 

individual shall not be is not required to present a certification

 

by a physician, a physician assistant, or a certified nurse

 

practitioner attesting to the nature and estimated duration of the

 

applicant's disabling condition or verifying that the applicant

 

qualifies for a free parking sticker. The applicant qualifies for a

 

free parking sticker if the applicant is a licensed driver and the

 

physician, physician assistant, or certified nurse practitioner

 

certifies or, if an individual is not required to have a

 

certification by a physician, a physician assistant, or a certified

 

nurse practitioner, it is obvious that the applicant is unable to

 

do 1 or more of the following:

 

     (a) Manage, manipulate, or insert coins, or obtain tickets or

 

tokens in parking meters or ticket machines in parking lots or

 

parking structures, due to the lack of fine motor control of both

 

hands.

 

     (b) Reach above his or her head to a height of 42 inches from

 

the ground, due to a lack of finger, hand, or upper extremity

 

strength or mobility.

 

     (c) Approach a parking meter due to his or her use of a

 

wheelchair or other device.

 

     (d) Walk more than 20 feet due to an orthopedic, neurological,

 

cardiovascular, or lung condition in which the degree of

 

debilitation is so severe that it almost completely impedes the

 

ability to walk.

 

     (8) To be entitled to free parking in a metered space or in a

 

publicly owned parking structure or area, a vehicle must properly

 

display 1 of the following:

 

     (a) A windshield placard bearing a free parking sticker issued

 

pursuant to under this act.

 

     (b) A valid certificate of identification issued before

 

October 1, 1994.

 

     (b) (c) A valid windshield placard issued by another state.

 

     (c) (d) A certificate of identification issued by another

 

state.

 

     (d) (e) A license plate for persons with disabilities issued

 

by another state.

 

     (e) (f) A special registration plate with a tab for persons

 

with disabilities attached issued by another state.

 

     (9) A vehicle that does not properly display 1 of the items

 

listed in subsection (8) is not entitled to free parking in a

 

metered parking space or in a publicly owned parking area or

 

structure, and the disabled person or vehicle operator shall pay

 

all parking fees and may be responsible for a civil infraction.

 

     (10) Blindness that is not accompanied by an incapacity

 

described in subsection (7) does not entitle a person to a free

 

parking sticker.

 

     (11) The secretary of state shall attach a free parking

 

sticker, in contrasting colors, to the windshield placard of a

 

person certified as having an incapacity described in subsection

 

(7).

 

     (12) A windshield placard issued under this section shall be

 

displayed on the interior rearview mirror of the vehicle or, if

 

there is no interior rearview mirror, on the lower left corner of

 

the dashboard while the vehicle is parked or being parked by or

 

under the direction of a disabled person pursuant to this section.

 

     (13) A certificate of identification issued before February

 

11, 1992 shall be displayed on the lower left corner of the

 

dashboard of the parked vehicle.

 

     (13) (14) Upon conviction of an offense involving a violation

 

of the special privileges conferred upon a holder of a certificate

 

of identification, windshield placard , or free parking sticker, a

 

magistrate or judge trying the case, as a part of any penalty

 

imposed, may confiscate the serially numbered certificate of

 

identification, windshield placard , or free parking sticker and

 

return the confiscated item or items to the secretary of state

 

together with a certified copy of the sentence imposed. Upon

 

receipt of a certificate of identification, windshield placard , or

 

free parking sticker from a judge or magistrate, the secretary of

 

state shall cancel and destroy the certificate, placard , or

 

sticker, and the disabled person to whom it was issued shall not

 

receive another certificate, placard , or sticker until he or she

 

submits a completed application and presents a current medical

 

statement attesting to his or her condition. A law enforcement

 

officer who observes a misuse of a certificate of identification,

 

windshield placard , or free parking sticker may immediately

 

confiscate the certificate, placard , or sticker and forward it

 

with a copy of his or her report to the secretary of state.

 

     (14) (15) A person who intentionally makes a false statement

 

of material fact or commits or attempts to commit a deception or

 

fraud on a medical statement attesting to a disability, submitted

 

in support of an application for a certificate of identification,

 

windshield placard, free parking sticker, special registration

 

plate, or tab for persons with disabilities under this section,

 

section 803d, or section 803f, is guilty of a misdemeanor ,

 

punishable by a fine of not more than $500.00 or imprisonment for

 

not more than 30 days, or both.

 

     (15) (16) A person who commits or attempts to commit a

 

deception or fraud by 1 or more of the following methods is guilty

 

of a misdemeanor punishable by a fine of not more than $500.00 or

 

imprisonment for not more than 30 days, or both:

 

     (a) Using a certificate of identification, windshield placard

 

, or free parking sticker issued under this section or by another

 

state to provide transportation to a disabled person, when if the

 

person is not providing transportation to a disabled person.

 

     (b) Altering, modifying, or selling a certificate of

 

identification, windshield placard , or free parking sticker issued

 

under this section or by another state.

 

     (c) Copying or forging a certificate of identification,

 

windshield placard , or free parking sticker described in this

 

section or selling a copied or forged certificate, placard , or

 

sticker described in this section. In the case of a violation of

 

this subdivision, the fine described in this subsection shall be

 

not less than $250.00.

 

     (d) Using a copied or forged certificate of identification,

 

windshield placard , or free parking sticker described in this

 

section.

 

     (e) Making a false statement of material fact to obtain or

 

assist an individual in obtaining a certificate, placard , or

 

sticker described in this section, a special registration plate

 

under section 803d, or a tab for persons with disabilities under

 

section 803f.

 

     (f) Knowingly using or displaying a certificate, placard , or

 

sticker described in this section that has been canceled by the

 

secretary of state.

 

     (16) (17) Except as otherwise provided in this section, a

 

person who violates this section is responsible for a civil

 

infraction.

 

     (18) A certificate of identification issued before October 1,

 

1994 and containing an expiration date is valid for free parking in

 

a space controlled or regulated by a meter on a public highway or

 

in a publicly owned parking area or structure when the time for

 

parking indicated on the meter has expired, or in a parking space

 

clearly identified by an official sign as being reserved for use by

 

disabled persons that is on public property or private property

 

available for public use, until the expiration date printed on the

 

certificate. The certificate expires and shall be canceled on its

 

expiration date.

 

     (19) A certificate of identification issued before October 1,

 

1994 that does not contain an expiration date expires and shall be

 

canceled on October 1, 1994.

 

     (20) A certificate of identification shall not be issued or

 

renewed by the secretary of state after October 1, 1994.

 

     (17) (21) The secretary of state may cancel, revoke, or

 

suspend a windshield placard , or free parking sticker , or

 

certificate of identification under any of the following

 

circumstances:

 

     (a) The secretary of state determines that a windshield

 

placard , or free parking sticker , or certificate of

 

identification was fraudulently or erroneously issued.

 

     (b) The secretary of state determines that a person has made

 

or is making an unlawful use of his or her windshield placard , or

 

free parking sticker. , or certificate of identification.

 

     (c) The secretary of state determines that a check or draft

 

used to pay the required fee is not paid on its first presentation

 

and is not paid upon reasonable notice or demand or that the

 

required fee is paid by an invalid credit card.

 

     (d) The secretary of state determines that the person is no

 

longer eligible to receive or use a windshield placard , or free

 

parking sticker. , or certificate of identification.

 

     (e) The secretary of state determines that the owner has

 

committed an offense under this act involving a windshield placard

 

, or free parking sticker. , or certificate of identification.

 

     (f) A person has violated this act and the secretary of state

 

is authorized under this act to cancel, revoke, or suspend a

 

windshield placard , or free parking sticker , or certificate of

 

identification for that violation.

 

     (g) The secretary of state receives notice from another state

 

or foreign country that a windshield placard , or free parking

 

sticker , or certificate of identification issued by the secretary

 

of state has been surrendered by the owner or seized in conformity

 

with the laws of that other state or foreign country , or has been

 

improperly used or displayed in violation of the laws of that other

 

state or foreign country.

 

     (18) (22) Before a cancellation, revocation, or suspension

 

under subsection (21), (17), the person affected thereby by that

 

action shall be given notice and an opportunity to be heard.

 

     (19) (23) A windshield placard issued to a disabled person

 

shall bear the first letter and the last 3 digits of the disabled

 

person's driver's or chauffeur's license number or the first letter

 

and the last 4 digits of the number on his or her official state

 

personal identification card issued under 1972 PA 222, MCL 28.291

 

to 28.300.

 

     (20) (24) For purposes of this section only, the secretary of

 

state may accept an application for a windshield placard, special

 

registration plate, or free parking sticker from a disabled person

 

that is signed by a physician, physician assistant, or certified

 

nurse practitioner licensed or certified to practice in another

 

state if the application is accompanied by a copy of that

 

physician's, physician assistant's, or certified nurse

 

practitioner's current medical license or certification issued by

 

that state.

 

     (21) (25) This section does not require new or additional

 

third party reimbursement or worker's compensation benefits for

 

services rendered.