Bill Text: MI SB0859 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Vehicles; registration; tabless vehicle registration; create. Amends secs. 50, 205, 215, 217, 224, 225, 226, 227, 228, 229, 233, 234, 237, 256, 257, 258, 259, 801b, 801h, 803a, 803b, 803m, 803p, 811f, 904, 905 & 907 of 1949 PA 300 (MCL 257.50 et seq.) & repeals secs. 223 & 226c of 1949 PA 300 (MCL 257.223 & 257.226c).
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2009-09-22 - Referred To Committee On Transportation [SB0859 Detail]
Download: Michigan-2009-SB0859-Introduced.html
SENATE BILL No. 859
September 22, 2009, Introduced by Senators PAPPAGEORGE, McMANUS and BROWN and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 50, 205, 215, 217, 224, 225, 226, 227, 228,
229, 233, 234, 237, 256, 257, 258, 259, 801b, 801h, 803a, 803b,
803m, 803p, 811f, 904, 905, and 907 (MCL 257.50, 257.205, 257.215,
257.217, 257.224, 257.225, 257.226, 257.227, 257.228, 257.229,
257.233, 257.234, 257.237, 257.256, 257.257, 257.258, 257.259,
257.801b, 257.801h, 257.803a, 257.803b, 257.803m, 257.803p,
257.811f, 257.904, 257.905, and 257.907), section 205 as amended by
1980 PA 398, section 217 as amended by 2005 PA 36, section 224 as
amended by 2006 PA 177, section 225 as amended by 1995 PA 129,
section 226 as amended by 2004 PA 163, section 227 as amended by
1995 PA 287, section 229 as amended by 1988 PA 276, section 233 as
amended by 2006 PA 599, section 234 as amended by 2002 PA 552,
section 237 as amended by 1980 PA 460, section 256 as amended by
1987 PA 34, section 257 as amended by 1992 PA 309, section 258 as
amended by 1999 PA 73, section 801b as amended by 1986 PA 311,
section 801h as added by 1996 PA 551, section 803a as amended and
section 803p as added by 1996 PA 404, section 803b as amended by
2004 PA 426, section 803m as amended by 2003 PA 152, section 811f
as amended by 2006 PA 562, section 904 as amended by 2008 PA 461,
and section 907 as amended by 2008 PA 463; and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
50. "Registration" means a registration certificate,
plate ,
adhesive tab, or other indicator of
registration issued
under this act for display on a vehicle.
Sec. 205. (1) The secretary of state shall maintain an office
in
the state capitol complex, and in other places in the state as
the secretary of state considers necessary to carry out the powers
and
duties vested in the secretary of state. At least 1 office
shall
be established in each county of the state and in each city
of
the state having a population of 10,000 or more, but not within
a
radius of 5 miles from a county office location. This subsection
does
not apply in a county having a population of 300,000 or more,
nor
to contiguous cities having a combined population of 10,000 or
more.
A person licensed under section 248, is not eligible for
appointment
to conduct, manage, or be an employee of a branch or
fee
office of the secretary of state.
(2) A bond may be required of a person in an office
established under subsection (1) in an amount that the secretary of
state prescribes to cover the safe handling of money received under
this act. The secretary of state shall not be held personally
liable for a loss of money because of armed robbery, larceny,
embezzlement, riot, act of God, or other act of a person resulting
in
a loss of money which that
is within the authority and
responsibility of the secretary of state as the administrator of
this act.
(3) A person appointed to conduct a branch office shall
receive
compensation fixed by the secretary of state , and
necessary expenses of the office. The compensation and expenses
shall be paid out of the Michigan transportation fund created in
section 10 of 1951 PA 51, MCL 247.660, and shall be deducted from
the fund before the fund is certified to the state treasurer.
Sec.
215. It is a misdemeanor for any A person to shall not
drive
or move or for an owner shall
not knowingly to permit to be
driven or moved upon any highway any vehicle of a type required to
be
registered hereunder which under
this act that is not registered
or for which a certificate of title has not been applied for or for
which the appropriate fee has not been paid when and as required
hereunder
under this act, except as provided in subsection (b) of
section
217 217(1)(b). A
person who violates this section is guilty
of a misdemeanor punishable by a fine of $200.00.
Sec. 217. (1) An owner of a vehicle that is subject to
registration under this act shall apply to the secretary of state,
upon an appropriate form furnished by the secretary of state, for
the registration of the vehicle and issuance of a certificate of
title for the vehicle. A vehicle brought into this state from
another state or jurisdiction that has a rebuilt, salvage, scrap,
flood, or comparable certificate of title issued by that other
state or jurisdiction shall be issued a rebuilt, salvage, scrap, or
flood certificate of title by the secretary of state. The
application shall be accompanied by the required fee. An
application for a certificate of title shall bear the signature or
verification and certification of the owner. The application shall
contain all of the following:
(a) The owner's name, the owner's bona fide residence, and
either of the following:
(i) If the owner is an individual, the owner's mailing address.
(ii) If the owner is a firm, association, partnership, limited
liability company, or corporation, the owner's business address.
(b) A description of the vehicle including the make or name,
style of body, and model year; the number of miles, not including
the tenths of a mile, registered on the vehicle's odometer at the
time of transfer; whether the vehicle is a flood vehicle or another
state previously issued the vehicle a flood certificate of title;
whether the vehicle is to be or has been used as a taxi or police
vehicle, or by a political subdivision of this state, unless the
vehicle is owned by a dealer and loaned or leased to a political
subdivision of this state for use as a driver education vehicle;
whether the vehicle has previously been issued a salvage or rebuilt
certificate of title from this state or a comparable certificate of
title from any other state or jurisdiction; vehicle identification
number; and the vehicle's weight fully equipped, if a passenger
vehicle registered in accordance with section 801(1)(a), and, if a
trailer coach or pickup camper, in addition to the weight, the
manufacturer's serial number, or in the absence of the serial
number, a number assigned by the secretary of state. A number
assigned by the secretary of state shall be permanently placed on
the trailer coach or pickup camper in the manner and place
designated by the secretary of state.
(c) A statement of the applicant's title and the names and
addresses of the holders of security interests in the vehicle and
in an accessory to the vehicle, in the order of their priority.
(d) Further information that the secretary of state reasonably
requires to enable the secretary of state to determine whether the
vehicle is lawfully entitled to registration and the owner entitled
to a certificate of title. If the secretary of state is not
satisfied as to the ownership of a late model vehicle or other
vehicle having a value over $2,500.00, before registering the
vehicle and issuing a certificate of title, the secretary of state
may require the applicant to file a properly executed surety bond
in a form prescribed by the secretary of state and executed by the
applicant and a company authorized to conduct a surety business in
this state. The bond shall be in an amount equal to twice the value
of the vehicle as determined by the secretary of state and shall be
conditioned to indemnify or reimburse the secretary of state, any
prior owner, and any subsequent purchaser or lessee of the vehicle
and their successors in interest against any expense, loss, or
damage, including reasonable attorney's fees, by reason of the
issuance of a certificate of title for the vehicle or on account of
any defect in the right, title, or interest of the applicant in the
vehicle. An interested person has a right of action to recover on
the bond for a breach of the conditions of the bond, but the
aggregate liability of the surety to all persons shall not exceed
the amount of the bond. The bond shall be returned at the end of 3
years, or before 3 years if the vehicle is no longer registered in
this state and the currently valid certificate of title is
surrendered to the secretary of state, unless the secretary of
state has received notification of the pendency of an action to
recover on the bond. If the secretary of state is not satisfied as
to the ownership of a vehicle that is valued at $2,500.00 or less
and that is not a late model vehicle, the secretary of state shall
require the applicant to certify that the applicant is the owner of
the vehicle and entitled to register and title the vehicle.
(e) Except as provided in subdivision (f), an application for
a commercial vehicle shall also have attached a scale weight
receipt of the motor vehicle fully equipped as of the time the
application is made. A scale weight receipt is not necessary if
there is presented with the application a registration receipt of
the previous year that shows on its face the empty weight of the
motor vehicle as registered with the secretary of state that is
accompanied by a statement of the applicant that there has not been
structural change in the motor vehicle that has increased the empty
weight and that the previous registered weight is the true weight.
(f) An application for registration of a vehicle on the basis
of elected gross weight shall include a declaration by the
applicant specifying the elected gross weight for which application
is being made.
(g) If the application is for a certificate of title of a
motor vehicle registered in accordance with section 801(1)(p), the
application shall include the manufacturer's suggested base list
price for the model year of the vehicle. Annually, the secretary of
state shall publish a list of the manufacturer's suggested base
list price for each vehicle being manufactured. Once a base list
price is published by the secretary of state for a model year for a
vehicle, the base list price shall not be affected by subsequent
increases in the manufacturer's suggested base list price but shall
remain the same throughout the model year unless changed in the
annual list published by the secretary of state. If the secretary
of state's list has not been published for that vehicle by the time
of the application for registration, the base list price shall be
the manufacturer's suggested retail price as shown on the label
required to be affixed to the vehicle under 15 USC 1232. If the
manufacturer's suggested retail price is unavailable, the
application shall list the purchase price of the vehicle as defined
in section 801.
(2) An applicant for registration of a leased pickup truck or
passenger vehicle that is subject to registration under this act,
except a vehicle that is subject to a registration fee under
section 801g, shall disclose in writing to the secretary of state
the lessee's name, the lessee's bona fide residence, and either of
the following:
(a) If the lessee is an individual, the lessee's Michigan
driver license number or Michigan personal identification number
or, if the lessee does not have a Michigan driver license or
Michigan personal identification number, the lessee's mailing
address.
(b) If the lessee is a firm, association, partnership, limited
liability company, or corporation, the lessee's business address.
(3) The secretary of state shall maintain the information
described in subsection (2) on the secretary of state's computer
records.
(4) Except as provided in subsection (5), a dealer selling,
leasing, or exchanging vehicles required to be titled, within 15
days after delivering a vehicle to the purchaser or lessee, and a
person engaged in the sale of vessels required to be numbered by
part 801 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.80101 to 324.80199, within 15 days after
delivering a boat trailer weighing less than 2,500 pounds to the
purchaser or lessee, shall apply to the secretary of state for a
new title, if required, and transfer or secure registration plates
and
secure a certificate of registration for
the vehicle or boat
trailer, in the name of the purchaser or lessee. The dealer's
license may be suspended or revoked in accordance with section 249
for failure to apply for a title when required or for failure to
transfer
or secure registration plates and certificate of
registration
within the 15 days required by this
section. If the
dealer or person fails to apply for a title when required, and to
transfer
or secure registration plates and secure a certificate of
registration
and pay the required fees within 15
days of delivery
of the vehicle or boat trailer, a title and registration for the
vehicle or boat trailer may subsequently be acquired only upon the
payment of a transfer fee of $15.00 in addition to the fees
specified in section 806. The purchaser or lessee of the vehicle or
the purchaser of the boat trailer shall sign the application,
including, when applicable, the declaration specifying the maximum
elected gross weight, as required by subsection (1)(f), and other
necessary papers to enable the dealer or person to secure the
title, registration plates, and transfers from the secretary of
state. If the secretary of state mails or delivers a purchaser's
certificate of title to a dealer, the dealer shall mail or deliver
the certificate of title to the purchaser not more than 5 days
after receiving the certificate of title from the secretary of
state.
(5) A dealer selling or exchanging an off lease or buy back
vehicle shall apply to the secretary of state for a new title for
the vehicle within 15 days after it receives the certificate of
title from the lessor or manufacturer under section 235 and
transfer
or secure registration plates and secure a certificate of
registration
for the vehicle in the name of the
purchaser. The
dealer's license may be suspended or revoked in accordance with
section 249 for failure to apply for a title when required or for
failure
to transfer or secure registration plates and certificate
of
registration within the 15-day
period. If the dealer or person
fails to apply for a title when required, and to transfer or secure
registration
plates and secure a certificate of registration and
pay the required fees within the 15-day time period, a title and
registration for the vehicle may subsequently be acquired only upon
the payment of a transfer fee of $15.00 in addition to the fees
specified in section 806. The purchaser of the vehicle shall sign
the application, including, when applicable, the declaration
specifying the maximum elected gross weight, as required by
subsection (1)(f), and other necessary papers to enable the dealer
or person to secure the title, registration plates, and transfers
from the secretary of state. If the secretary of state mails or
delivers a purchaser's certificate of title to a dealer, the dealer
shall mail or deliver the certificate of title to the purchaser not
more than 5 days after receiving the certificate of title from the
secretary of state.
(6) If a vehicle is delivered to a purchaser or lessee who has
valid Michigan registration plates that are to be transferred to
the vehicle, and an application for title, if required, and
registration for the vehicle is not made before delivery of the
vehicle to the purchaser or lessee, the registration plates shall
be affixed to the vehicle immediately, and the dealer shall provide
the purchaser or lessee with an instrument in writing, on a form
prescribed
by the secretary of state, which that shall serve as a
temporary registration for the vehicle for a period of 15 days from
the date the vehicle is delivered.
(7) An application for a certificate of title that indicates
the existence of a security interest in the vehicle or in an
accessory to the vehicle, if requested by the security interest
holder, shall be accompanied by a copy of the security agreement
which
that need not be signed. The request may be made of the
seller on an annual basis. The secretary of state shall indicate on
the copy the date and place of filing of the application and return
the copy to the person submitting the application who shall forward
it to the holder of the security interest named in the application.
(8) If the seller does not prepare the credit information,
contract note, and mortgage, and the holder, finance company,
credit union, or banking institution requires the installment
seller to record the lien on the title, the holder, finance
company, credit union, or banking institution shall pay the seller
a service fee of not more than $10.00. The service fee shall be
paid from the finance charges and shall not be charged to the buyer
in addition to the finance charges. The holder, finance company,
credit union, or banking institution shall issue its check or bank
draft for the principal amount financed, payable jointly to the
buyer and seller, and there shall be imprinted on the back side of
the check or bank draft the following:
"Under Michigan law, the seller must record a first lien in
favor of (name of lender) _______________ on the vehicle with
vehicle identification number _______________ and title the vehicle
only in the name(s) shown on the reverse side." On the front of the
sales check or draft, the holder, finance company, credit union, or
banking institution shall note the name(s) of the prospective
owner(s). Failure of the holder, finance company, credit union, or
banking institution to comply with these requirements frees the
seller from any obligation to record the lien or from any liability
that may arise as a result of the failure to record the lien. A
service fee shall not be charged to the buyer.
(9) In the absence of actual malice proved independently and
not inferred from lack of probable cause, a person who in any
manner causes a prosecution for larceny of a motor vehicle; for
embezzlement of a motor vehicle; for any crime an element of which
is the taking of a motor vehicle without authority; or for buying,
receiving, possessing, leasing, or aiding in the concealment of a
stolen, embezzled, or converted motor vehicle knowing that the
motor vehicle has been stolen, embezzled, or converted, is not
liable for damages in a civil action for causing the prosecution.
This subsection does not relieve a person from proving any other
element necessary to sustain his or her cause of action.
(10) Receipt by the secretary of state of a properly tendered
application for a certificate of title on which a security interest
in a vehicle is to be indicated is a condition of perfection of a
security interest in the vehicle and is equivalent to filing a
financing statement under the uniform commercial code, 1962 PA 174,
MCL 440.1101 to 440.11102, with respect to the vehicle. When a
security interest in a vehicle is perfected, it has priority over
the rights of a lien creditor as lien creditor is defined in
section 9102 of the uniform commercial code, 1962 PA 174, MCL
440.9102.
Sec.
224. (1) Except as otherwise provided in this act
regarding
tabs or stickers, upon Upon registering a vehicle, the
secretary of state shall issue to the owner 1 registration plate.
(2) A registration plate shall display the registration number
assigned to the vehicle for which the registration plate is issued
;
and the name of this state, which may be abbreviated. ;
and when
the
registration plate expires, which may be shown by a tab or
sticker
furnished by the secretary of state.
(3) A registration plate issued for motor vehicles owned and
operated by this state; a state institution; a municipality; a
privately incorporated, nonprofit volunteer fire department; or a
nonpublic, nonprofit college or university of this state shall not
expire at any particular time but shall be renewed when the
registration plate is worn out or is illegible. This registration
plate shall be assigned upon proper application and payment of the
applicable fee and may be used on any eligible vehicle titled to
the applicant if a written record is kept of the vehicles upon
which the registration plate is used. The written record shall
state the time the registration plate is used on a particular
vehicle. The record shall be open to inspection by a law
enforcement officer or a representative of the secretary of state.
(4) A registration plate issued for a vehicle owned by the
civil air patrol as organized under 36 USC 201 to 208; a vehicle
owned by a nonprofit organization and used to transport equipment
for providing dialysis treatment to children at camp; an emergency
support vehicle used exclusively for emergencies and owned and
operated by a federally recognized nonprofit charitable
organization; a vehicle owned and operated by a nonprofit veterans
center; a motor vehicle having a truck chassis and a locomotive or
ship's
body which that is owned by a nonprofit veterans
organization and used exclusively in parades and civic events; a
vehicle owned and operated by a nonprofit recycling center or a
federally recognized nonprofit conservation organization until
December 31, 2000; a motor vehicle owned and operated by a senior
citizen center; and a registration plate issued for buses including
station wagons, carryalls, or similarly constructed vehicles owned
and operated by a nonprofit parents' transportation corporation
used for school purposes, parochial school, society, church Sunday
school, or other grammar school, or by a nonprofit youth
organization or nonprofit rehabilitation facility shall be issued
upon proper application and payment of the applicable tax provided
in section 801(1)(g) or (h) to the applicant for the vehicle
identified in the application. The vehicle shall be used
exclusively for activities of the school or organization and shall
be designated by proper signs showing the school or organization
operating the vehicle. The registration plate shall expire on
December 31 in the fifth year following the date of issuance. The
registration plate may be transferred to another vehicle upon
proper application and payment of a $10.00 transfer fee.
(5)
Beginning January 1, 2007, the The
department shall not
issue
or transfer a standard design beads on paint registration
plate
or issue a registration tab or sticker for that plate, but
shall
offer a new standard design
registration plate that complies
with
the requirements of this act. The new standard design
registration
plate shall be is of a common color scheme and design
that is made of fully reflectorized material and shall be clearly
visible
at night. The implementation of this subsection is
contingent
upon appropriations sufficient to cover the costs to the
department
of designing, manufacturing, distributing, and issuing
the
new standard design registration plate. The secretary of state
shall
file a written report with the secretary of the senate and
the
clerk of the house of representatives of the costs incurred and
revenue
expended to meet the requirements of this subsection within
30
days after all of the standard design beads on paint
registration
plates to be replaced under this subsection have been
replaced.
(6) The registration plate and the required letters and
numerals on the registration plate shall be of sufficient size to
be plainly readable from a distance of 100 feet during daylight.
The secretary of state may issue a tab or tabs designating the
month and year of expiration.
(7) The secretary of state shall issue for every passenger
motor vehicle rented without a driver the same type of registration
plate as the type of registration plate issued for private
passenger vehicles.
(8) A person shall not operate a vehicle on the public
highways or streets of this state displaying a registration plate
other than the registration plate issued for the vehicle by the
secretary of state, except as provided in this chapter for
nonresidents, and by assignment provided in subsection (3).
(9) The registration plate displayed on a vehicle registered
on the basis of elected gross weight shall indicate the elected
gross weight for which the vehicle is registered.
Sec. 225. (1) A registration plate issued for a vehicle shall
be attached to the rear of the vehicle. Except that a registration
plate issued for a truck tractor or road tractor shall be attached
to the front of that vehicle.
(2) A registration plate shall at all times be securely
fastened in a horizontal position to the vehicle for which the
plate is issued so as to prevent the plate from swinging. The plate
shall be attached at a height of not less than 12 inches from the
ground, measured from the bottom of the plate, in a place and
position
which that is clearly visible. The plate shall be
maintained free from foreign materials that obscure or partially
obscure the registration information, and in a clearly legible
condition.
(3)
A registration plate or the expiration tab on the
registration
plate shall be of a different color
designated by the
secretary of state with a marked contrast between the color of the
registration plate and the numerals or letters on the plate. The
secretary of state may provide a distinctive registration plate as
a replacement for a standard plate. To honor a special or
historical event, the secretary of state may provide a
commemorative plate as a replacement for a standard plate.
(4) A person shall not attach a name plate, insignia, or
advertising device to a motor vehicle registration plate in a
manner
which that obscures or partially obscures the registration
information.
(5)
A person shall not operate a motor vehicle which that has
a name plate, insignia, or advertising device attached to a motor
vehicle
registration plate in a manner which that obscures or
partially obscures the registration information.
(6) A person who violates this section is responsible for a
civil infraction.
Sec. 226. (1) A vehicle registration issued by the secretary
of state expires on the owner's birthday, unless another expiration
date is provided for under this act or unless the registration is
for the following vehicles, in which case registration expires on
the last day of February:
(a) A commercial vehicle except for a commercial vehicle
issued a registration under the international registration plan or
a pickup truck or van owned by an individual.
(b) Except for a trailer or semitrailer issued a registration
under the international registration plan, a trailer or semitrailer
owned by a business, corporation, or person other than an
individual; or a pole trailer.
(2)
Until February 1, 2005, the expiration date for a
registration
issued for a motorcycle is March 31. Beginning
February 1, 2005, the The
expiration date for a registration
issued
for a motorcycle is the motorcycle owner's birthday.
(3) The expiration date for a registration bearing the letters
"SEN" or "REP" is February 1.
(4) In the case of a vehicle owned by a business, corporation,
or an owner other than an individual, the secretary of state may
assign or reassign the expiration date of the registration.
(5) The secretary of state shall do all of the following:
(a) After the October 1 immediately preceding the year
designated on the registration, issue a registration upon
application and payment of the proper fee for a commercial vehicle,
other than a pickup or van owned by an individual; or a trailer
owned by a business, corporation, or person other than an
individual.
(b) Beginning 60 days before the expiration date assigned on
an international registration plan registration plate, issue a
registration under section 801g upon application and payment of the
proper apportioned fee for a commercial vehicle engaged in
interstate commerce.
(c) Beginning 45 days before the owner's birthday and 120 days
before the expiration date assigned by the secretary of state,
issue
process a
renewal registration for a vehicle
other than those
designated
in subsection (1)(a) or (b). However, if If an owner
whose registration period begins 45 days before his or her birthday
will be out of the state during the 45 days immediately preceding
expiration of a registration or for other good cause shown cannot
apply for a renewal registration within the 45-day period,
application for a renewal registration may be made not more than 6
months before expiration.
(6) Except as otherwise provided in this subsection, the
secretary of state, upon application and payment of the proper fee,
shall
issue process a
renewal registration for a vehicle or a
motorcycle to a resident that shall expire on the owner's birthday.
If the owner's next birthday is at least 6 months but not more than
12 months in the future, the owner shall receive a renewal
registration valid until the owner's next birthday. If the owner's
next birthday is less than 6 months in the future, the owner shall
receive a renewal registration valid until the owner's birthday
following the owner's next birthday. The tax required under this
act for a registration described in this subsection shall be either
of the following:
(a) For an original registration, the tax shall bear the same
relationship to the tax required under section 801 for a 12-month
registration as the length of the registration bears to 12 months.
(b) For a renewal of a registration, either of the following:
(i) For a registration that is for at least 6 months but not
more than 12 months, the same amount as for 12 months.
(ii) For a renewal of a registration that is for more than 12
months, 2 times the amount for 12 months.
Partial months shall be considered as whole months in the
calculation of the required tax and in the determination of the
length of time between the application for a registration and the
owner's next birthday. The tax required for that registration shall
be rounded off to whole dollars as provided in section 801.
(7) A certificate of title shall remain valid until canceled
by the secretary of state for cause or upon a transfer of an
interest shown on the certificate of title.
(8) The secretary of state, upon request, shall issue special
registration for commercial vehicles, valid for 6 months after the
date of issue, if the full registration fee exceeds $50.00, on the
payment of 1/2 the full registration fee and a service charge as
enumerated in section 802(1).
(9) The secretary of state may issue a special registration
for each of the following:
(a) A new vehicle purchased or leased outside of this state
and delivered in this state to the purchaser or lessee by the
manufacturer of that vehicle for removal to a place outside of this
state, if a certification is made that the vehicle will be
primarily used, stored, and registered outside of this state and
will not be returned to this state by the purchaser or lessee for
use or storage.
(b) A vehicle purchased or leased in this state and delivered
to the purchaser or lessee by a dealer or by the owner of the
vehicle for removal to a place outside of this state, if a
certification is made that the vehicle will be primarily used,
stored, and registered outside of this state and will not be
returned to this state by the purchaser or lessee for use or
storage.
(10) A special registration issued under subsection (9) is
valid for not more than 14 days after the date of issuance, and a
fee shall be collected for each special registration as provided in
section 802(3). The special registration may be in the form
determined by the secretary of state. If a dealer makes a retail
sale or lease of a vehicle to a purchaser or lessee who is
qualified and eligible to obtain a special registration, the dealer
shall apply for the special registration for the purchaser or
lessee. If a person other than a dealer sells or leases a vehicle
to a purchaser or lessee who is qualified and eligible to obtain a
special registration, the purchaser or lessee shall appear in
person, or by a person exercising the purchaser's or lessee's power
of attorney, at an office of the secretary of state and furnish a
certification that the person is the bona fide purchaser or lessee
or that the person has granted the power of attorney, together with
other forms required for the issuance of the special registration
and provide the secretary of state with proof that the vehicle is
covered
by a Michigan no-fault insurance policy issued pursuant
according to section 3101 of the insurance code of 1956, 1956 PA
218, MCL 500.3101, or proof that the vehicle is covered by a policy
of
insurance issued by an insurer pursuant according to section
3163 of the insurance code of 1956, 1956 PA 218, MCL 500.3163. The
certification required in this subsection shall contain all of the
following:
(a) The address of the purchaser or lessee.
(b) A statement that the vehicle is purchased or leased for
registration outside of this state.
(c) A statement that the vehicle shall be primarily used,
stored, and registered outside of this state.
(d) The name of the jurisdiction in which the vehicle is to be
registered.
(e) Other information requested by the secretary of state.
(11)
Upon request, the secretary of state may issue a
registration
valid for 6 months after the date of issuance for use
on
a trailer or semitrailer weighing 1,500 pounds or less and that
is
used for recreational purposes, upon payment of 1/2 the full
registration
fee imposed under section 801(1)(l). This subsection
does
not apply after October 1, 2003.
(11) (12)
In the case of a commercial
vehicle, trailer, or
semitrailer issued a registration under the international
registration plan, the secretary of state in mutual agreement with
the owner may assign or reassign the expiration date of the
registration.
However, the The expiration date agreed to shall be
either March 31, June 30, September 30, or December 31. Renewals
expiring on or after September 30, 1993 shall be for a minimum of
at least 12 months if there is a change in the established
expiration date.
(12) (13)
The expiration date for a multiyear
registration
issued for a leased vehicle shall be the date the lease expires but
shall not be for a period longer than 24 months.
Sec. 227. (1) Application for renewal of a vehicle
registration shall be made by the owner upon proper application and
by payment of the registration fee for the vehicle, as provided by
law.
(2) Every such application shall be accompanied by the
certificate of title pertaining to the vehicle, showing ownership
in the person applying for registration at the time of the
application.
However, the The secretary of state may waive the
presentation of the certificate of title.
(3)
Beginning January 1, 1983, every Every
application for
renewal of a motor vehicle registration made by mail, shall be
accompanied by proof of vehicle insurance in a form determined by
the secretary of state.
(4)
Beginning January 1, 1981, every Every
application for
renewal of a motor vehicle registration made in person at a
secretary of state field office shall be accompanied by proof of
vehicle insurance in a form determined by the secretary of state.
(5) Notwithstanding subsections (3) and (4), the secretary of
state shall accept as proof of vehicle insurance a transmission of
the applicant's vehicle identification number only for an insured
vehicle for which vehicle registration is sought. The secretary of
state may determine in what format the secretary of state will
receive vehicle identification number information. The transmission
to the secretary of state of a vehicle identification number is
proof of insurance to the secretary of state for motor vehicle
registration purposes only and is not evidence that a policy of
insurance actually exists between an insurer and an individual.
Vehicle identification numbers received by the secretary of state
under this subsection are confidential, are not subject to the
freedom
of information act, Act No. 442 of the Public Acts of 1976,
being
sections 15.231 to 15.246 of the Michigan Compiled Laws 1976
PA 442, MCL 15.231 to 15.246, and shall not be disclosed to any
person
except pursuant according to an order by a court of
competent jurisdiction in connection with a claim or fraud
investigation or prosecution.
(6) For a registration renewal that is conducted at a
secretary of state branch office, a $10.00 service fee shall be
assessed. Except as provided in this subsection, the service fee
shall be deposited into the general fund of this state. From the
$10.00 service fee assessed in this subsection, each fiscal year
the secretary of state shall deposit the first $2,000,000.00 or 20%
of the total amount of the $10.00 service fee collected under this
subsection for each year, whichever is less, into the license plate
reissue fund created in subsection (7).
(7) The license plate reissue fund is created within the state
treasury. The state treasurer may receive money or other assets
from any source for deposit into the fund. The state treasurer
shall direct the investment of the fund. The state treasurer shall
credit to the fund interest and earnings from fund investments.
Money in the fund at the close of the fiscal year shall remain in
the fund and shall not lapse to the general fund. Money in the fund
shall be used by the secretary of state for costs associated with
reissuing license plates.
(8) Except as provided in this subsection, beginning January
1, 2015, the secretary shall issue a replacement plate to each
registered vehicle every 5 years. The secretary of state may exempt
special registration plates from the requirement of this
subsection.
Sec. 228. (1) If a person, after making application for or
obtaining the registration of a vehicle or a certificate of title,
moves
from the address named in the application as shown upon a
registration
certificate or on a certificate of title, the person
within 10 days after moving shall notify the secretary of state in
writing of the old and new addresses.
(2) A person who violates this section is responsible for a
civil infraction.
Sec.
229. (1) If a registration certificate, registration
plate, certificate of title, or duplicate certificate of title is
lost, mutilated, or becomes illegible, the person entitled to
possession
of a registration certificate, registration plate,
certificate of title, or duplicate certificate of title or the
legal representative or successor in interest of that person as
shown by the records of the department shall immediately make
application for and may obtain a duplicate or a new registration
plate under a new registration plate number, as determined to be
most advisable by the department, upon the applicant furnishing
information satisfactory to the department and upon payment of the
required fee. Every duplicate certificate of title shall contain
the legend: "This is a duplicate certificate and may be subject to
the rights of a person under the original certificate", and shall
be
delivered to the person entitled to possession of a registration
certificate
or certificate of title under
section 222. Upon
issuance
of a duplicate registration certificate or plate, the
previous
registration certificate or plate last issued shall be
void.
(2) If a certificate of title is lost at the time that
ownership of the vehicle is to be transferred to another person,
the secretary of state need not issue a duplicate certificate of
title if all of the following are met:
(a) The person from whom ownership of the vehicle is to be
transferred appears in person at a secretary of state office and
supplies evidence satisfactory to the secretary of state of his or
her identity and his or her ownership of the vehicle and pays the
fee required under section 806.
(b) The person to whom the vehicle is to be transferred, or
his or her legal representative, accompanies the person described
under subdivision (a) and makes application for an original
certificate of title, supplies evidence satisfactory to the
secretary of state of his or her identity, and pays the fee
required under section 806.
(3) If the secretary of state does not issue a duplicate
certificate
of title pursuant according
to subsection (2), the
secretary of state's records shall indicate the transfer of the
vehicle without a surrender of the certificate of title.
Sec. 233. (1) If the owner of a registered vehicle transfers
or assigns the title or interest in the vehicle, the registration
plates issued for the vehicle shall be removed and transferred to
the owner's spouse, mother, father, sister, brother, or child to
whom title or interest in the vehicle is transferred, or retained
and preserved by the owner for transfer to another vehicle upon
application and payment of the required fees. A person shall not
transfer the plates to a vehicle without applying for a proper
certificate
of registration describing the
vehicle to which the
plates are being transferred except as provided in section 217(4).
If the owner of a registered vehicle acquires another vehicle
without transferring or assigning the title or interest in the
vehicle for which the plates were issued, the owner may have the
plates transferred to the subsequently acquired vehicle upon
application and payment of the required fees.
(2) A person shall not purchase or lease another vehicle or an
interest in another vehicle with the intent to circumvent the
restrictions created by immobilization of a vehicle under this act.
(3) A person shall not transfer or attempt to transfer
ownership or right of possession of a vehicle subject to forfeiture
or ordered forfeited under this act with the intent to avoid the
forfeiture of that vehicle.
(4) During the time a vehicle is subject to a temporary
registration plate, vehicle forfeiture, immobilization,
registration denial, or the period from adjudication to
immobilization or forfeiture under this act, a person shall not
without a court order transfer or assign the title or an interest
in the vehicle to a person who is not subject to payment of a use
tax under section 3 of the use tax act, 1937 PA 94, MCL 205.93.
(5) A person who violates subsection (2), (3), or (4) 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.
(6) A person whose operator's or chauffeur's license is
suspended, revoked, or denied for, or who has never been licensed
by this state and was convicted for, a third or subsequent
violation of section 625 or 625m, of a local ordinance
substantially corresponding to section 625 or 625m, or of a law of
another state substantially corresponding to section 625 or 625m,
or for a fourth or subsequent suspension or revocation under
section 904 shall not purchase, lease, or otherwise acquire a motor
vehicle during the suspension, revocation, or denial period. A
person who violates this subsection is guilty of a misdemeanor
punishable by imprisonment for not more than 93 days or a fine of
not more than $100.00, or both.
(7) If the assigned holder of registration plates applies for
a
new registration, certificate, the application shall be
accompanied
either by the old registration certificate or by a
certificate of title showing the person to be the assigned holder
of
the registration plates. for which the old registration
certificate
had been issued. A person who fails
or neglects to
fulfill the requirements of this subsection is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days or
a fine of not more than $100.00, or both.
(8)
The owner shall indorse endorse
on the certificate of
title as required by the secretary of state an assignment of the
title with warranty of title in the form printed on the certificate
with a statement of all security interests in the vehicle or in
accessories on the vehicle and deliver or cause the certificate to
be mailed or delivered to the purchaser or transferee at the time
of the delivery to the purchaser or transferee of the vehicle. The
certificate shall show the payment or satisfaction of any security
interest as shown on the original title.
(9) Upon the delivery of a motor vehicle and the transfer,
sale, or assignment of the title or interest in a motor vehicle by
a person, including a dealer, the effective date of the transfer of
title or interest in the vehicle is the date of signature on either
the application for title or the assignment of the certificate of
title by the purchaser, transferee, or assignee.
Sec. 234. (1) The purchaser or transferee, unless the person
is a licensed dealer, shall present or cause to be presented the
certificate
of title and registration certificate plate number if
plates are being transferred to another vehicle, assigned as
provided in this act, to the secretary of state accompanied by the
fees
as provided by law, whereupon a new certificate of title and
registration
certificate shall be issued to the
assignee. The
certificate of title shall be mailed or delivered to the owner or
another person the owner may direct in a separate instrument in a
form the secretary of state shall prescribe.
(2) If the secretary of state mails or delivers a purchaser's
or transferee's certificate of title to a dealer, the dealer shall
mail or deliver that certificate of title to the purchaser or
transferee not more than 5 days after receiving the certificate of
title from the secretary of state.
(3) Unless the transfer is made and the fee paid within 15
days, the vehicle is considered to be without registration, the
secretary of state may repossess the license plates, and transfer
of the vehicle ownership may be effected and a valid registration
acquired thereafter only upon payment of a transfer fee of $15.00
in addition to the fee provided for in section 806.
(4) If a security interest is reserved or created at the time
of the transfer, the parties shall comply with the requirements of
section 238.
Sec. 237. (1) The secretary of state, upon receipt of a
properly endorsed certificate of title and application for transfer
of registration accompanied by the required fee, shall transfer the
registration
thereof under its registration number to the newly
acquired
vehicle and shall issue a new registration certificate and
certificate
of title. as upon an original registration.
(2) The secretary of state shall retain and appropriately file
every surrendered certificate of title, the file to be so
maintained as to permit the tracing of title of the vehicles
designated in the file for a period of 6 years, except that records
of stolen vehicles reported in section 253 may be destroyed after
being maintained on file for the year of entry plus 4 years.
(3) The secretary of state shall retain the records for 2
years after the date of notification that a vehicle has been
processed for scrap.
Sec. 256. (1) A person shall not lend to another person, or
knowingly
permit the use of, any certificate of title, registration
certificate,
registration plate, special plate,
or permit issued to
him or her if the person receiving or using the certificate of
title,
registration certificate, registration plate, special plate,
or permit would not be entitled to the use thereof. A person shall
not
carry or display upon a vehicle any registration certificate or
registration plate not issued for the vehicle or not otherwise
lawfully used under this act.
(2) Except as otherwise provided in this section, a person who
violates
this section 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.
(3)
A person who displays upon a commercial vehicle which that
is required to be registered according to the schedule of elected
gross vehicle weights under section 801(1)(k) any registration
plate not issued for the vehicle or not otherwise lawfully used
under
this act is guilty of a misdemeanor
, punishable by
imprisonment
for not more than 90 days , or by
a fine of not more
than $500.00, or both.
Sec. 257. (1) A person who commits any of the following acts
is guilty of a felony:
(a)
Alters with fraudulent intent any certificate of title ,
registration
certificate, or registration plate
issued by the
department.
(b) Forges or counterfeits any such document or plate
purporting to have been issued by the department.
(c) Alters or falsifies with fraudulent intent or forges any
assignment upon a certificate of title.
(d) Holds or uses such a document or plate knowing the same to
have been altered, forged, or falsified.
(e) Knowingly possesses, sells, or offers for sale a stolen,
false,
or counterfeit certificate of title, registration
certificate,
registration plate, or registration
decal. , or
registration
tab.
(2) A person who is convicted of a second violation of this
section shall be punished by imprisonment for not less than 2 years
or
more than 7 years , or by
a fine of not less than $1,500.00 or
more than $7,000.00, or both.
(3) A person who is convicted of a third or subsequent
violation of this section shall be punished by imprisonment for not
less
than 5 years or more than 15 years
, or by a fine of not less
than $5,000.00 or more than $15,000.00, or both.
Sec. 258. (1) The secretary of state may cancel, revoke, or
suspend
the registration of a vehicle, a certificate of title ,
registration
certificate, or registration plate
if any of the
following apply:
(a)
The secretary of state determines that the registration ,
plate
or certificate of title ,
or plate was fraudulently or
erroneously issued.
(b) The secretary of state determines that the licensee has
made
or is making an unlawful use of his or her registration,
certificate,
plate, or certificate of title.
(c) A registered vehicle has been dismantled or wrecked.
(d) The secretary of state determines that the required fee
has not been paid and it is not paid upon reasonable notice or
demand.
(e)
A registration certificate or registration plate is
knowingly displayed upon a vehicle other than the one for which it
was issued.
(f) The secretary of state determines that the owner has
committed an offense under this act involving the registration or
certificate of title.
(g) The secretary of state is authorized to do so under this
act.
(h) Upon receiving notification from another state or foreign
country that a certificate of title issued by the secretary of
state has been surrendered by the owner in conformity with the laws
of that state or foreign country.
(i) It is shown by satisfactory evidence that delivery of a
motor vehicle in the possession of a dealer was not made to the
applicant registered under this act. The money paid for
registration and license fees may be refunded to the party who
applies for the refund.
(2) If the licensee's offense consists of hauling on the
registered vehicle a gross weight more than 1,000 pounds in excess
of the elected gross weight specified on the owners' registration,
certificate,
the registration shall be canceled
and the vehicle
shall not again be operated on the highways, roads, or streets
until it is registered again and new plates are issued. The new
registration fee shall be computed on the basis of twice the
difference between the original registration fee and the
registration fee applicable to the gross weight constituting the
violation of the elected gross weight. One-half of the new
registration fee shall be a penalty. The period of the new
registration fee shall not extend beyond the termination date of
the
canceled registration. certificate. The new registration fee
shall not exceed the maximum gross weight of the vehicle or
combination of vehicles as determined by the number of axles and
the legal weight applicable to those axles as specified by section
722. The gross weight of a vehicle or combination of vehicles may
be determined by weighing the individual axles or group of axles,
and the total weight on all axles is the gross vehicle weight.
(3) Before the secretary of state makes a cancellation under
subsection (1)(a), (b), (e), (f), or (g), the person affected by
the cancellation shall be given notice and an opportunity to be
heard.
Sec. 259. (a) All license plates, certificates of title,
registration
certificates or the license of any
dealer or wrecker,
shall
be deemed considered to be the property of the state of
Michigan and whenever the department as authorized hereunder
cancels or suspends the registration of a vehicle or a certificate
of title, or the license of any dealer or wrecker, the owner or
person in possession of the same shall immediately return the
evidence of registration, title, or license so cancelled or
suspended to the department.
(b) It is unlawful for any person to fail or refuse to
surrender to the department upon demand any registration,
certificate of title or license of any dealer as required in this
section.
Sec. 801b. (1) If a person, through error either on his or her
own part or that of the secretary of state, pays the specific tax
required by section 801 or 802 more than once on the same
equipment, the secretary of state, upon application and
satisfactory proof, shall refund the amount paid in error. A claim
shall be filed within 1 year after the date of payment and verified
by the secretary of state before a refund is made. If an
application for a dealer license provided for in section 248 is
withdrawn by the applicant or the applicant's heir, before issuance
of the dealer license, the fees that accompanied the application
under sections 803, 803a, and 807 may be refunded by the secretary
of state upon application and satisfactory proof.
(2) If a person's license to drive a motor vehicle is revoked,
suspended, or denied for medical or physical reasons, the person
may return the registration plates and obtain a refund on the
plates prorated on a monthly basis for the time period remaining in
the registration year from the date the plates are returned.
However,
the The refund shall not exceed the original registration
fee.
(3) Upon the death of a spouse, the surviving spouse may
return registration plates and obtain a refund on the plates
prorated on a monthly basis for the time period remaining in the
registration
year from the date the plates are returned. However,
the
The refund shall not exceed the original registration
fee.
(4) The owner of a registered vehicle who transfers or assigns
title or interest in that registered vehicle before placing upon
the
registered vehicle the registration plates or tabs issued for
that registered vehicle may obtain a refund in full from the
secretary
of state for the registration plates. or tabs.
Registration
plates , or tabs issued for 1978 and thereafter shall
be returned by the owner within 30 days following the date of
transfer or assignment.
(5)
The owner of a vehicle registered pursuant according to
section 801d(2) who transfers or assigns title or interest in the
vehicle may obtain a refund on the registration for each unused,
whole registration period remaining on the registration from the
date the plates are returned and the application for a refund is
made.
(6) In the case of an original application for registration
plates issued under section 217a or 803b, the secretary of state
shall issue a refund prorated on a monthly basis from the date of
application for the time period remaining in the previously issued
registration, if an application for the refund is made and
satisfactory proof is presented to the secretary of state. A refund
shall not be made if the amount due is less than $5.00.
(7) In the case of an original application for the
registration plates bearing the letters "SEN" or "REP", the
secretary of state shall issue a refund prorated on a monthly basis
from the date of application for the time period remaining in the
previously issued registration.
(8) In the case of an original application and issuance of an
international registration plan registration plate under section
801g, the secretary of state shall make a refund as a credit
prorated on a monthly basis from the date of application for the
months remaining for the previously issued registration on the same
vehicle, if an application for the refund as a credit is made and
satisfactory proof of eligibility is presented to the secretary of
state. A refund as a credit shall not exceed the total amount of
the Michigan apportioned fees assessed for the plates issued under
section 801g nor be made if the amount due is less than $5.00. For
the purpose of this subsection, a month shall mean 30 consecutive
days and a partial month shall be considered as a whole month.
Sec. 801h. (1) Notwithstanding any other provision in this
act, the owner or lessee of a fleet of 25 or more vehicles that are
or will be registered under section 801 may apply to the secretary
of state for special registration plates for any number of 25 or
more vehicles in a fleet. An application shall be on a form
prescribed by the secretary of state and include an agreement that,
at a minimum, the applicant agrees to pay annual fleet registration
taxes under this section.
(2) Upon approval of the application and payment of the
required registration taxes, the secretary of state may issue the
applicant
a registration plate under section 224 and a registration
certificate
under section 222 for each vehicle.
The registration
plate
and certificate shall each be in a format as prescribed by
the secretary of state.
(3) The name, emblem, trademark, or logo of the company issued
fleet registration plates under this section shall be prominently
displayed on the right and left sides of all vehicles registered
under this section by that applicant. The name, emblem, trademark,
or logo shall contain letters, figures, or numerals in sharp
contrast to the background of the name, emblem, trademark, or logo
and shall be of such size, shape, and color as to be readily
legible during daylight hours from a distance of 50 feet.
(4) The registration tax for each vehicle registered under
this section shall be paid annually. Registration taxes under this
section are payable in full not later than the due date provided in
section 226. If the owner of a vehicle registered under this
section fails to pay the annual registration tax for that vehicle
or fails to comply with the terms of the fleet registration plate
agreement provided in subsection (1), the secretary of state shall
immediately suspend the registration of all vehicles registered by
that owner under this section. The registration shall remain
suspended and the owner shall not apply for the registration or
reregistration of a vehicle under this section until payment in
full of the tax owed is made. After providing notice to the owner,
the secretary of state shall notify law enforcement of any plate
suspended under this section.
(5) At any time an owner or lessee in good standing may add a
vehicle to the list of vehicles registered under this section. To
add a vehicle, the owner or lessee shall make application to the
secretary of state, in a form prescribed by the secretary of state,
accompanied by the registration taxes required under section 801.
(6) At any time an owner or lessee may delete the registration
of a vehicle from the list of vehicles registered under this
section. To delete a vehicle, the owner shall notify the secretary
of state of the proposed deletion in a form prescribed by the
secretary of state and surrender to the secretary of state the
registration plate assigned to the deleted vehicle.
(7) A vehicle not titled or leased in the name of the
applicant is not eligible for registration under this section. A
vehicle registered under section 801g is not eligible for
registration under this section. Passenger vehicle rental fleets
are not eligible for registration under this section.
(8) The secretary of state or the authorized representative of
the secretary of state may visit and examine the vehicle
registration records of an owner whose vehicles are registered
under this act. This authority only applies to visits during the
regular business hours of the owner and to those vehicles and
records necessary for the secretary of state to determine an
owner's compliance with this section.
Sec. 803a. (1) The secretary of state may issue to the owner
of
an historic vehicle an historic vehicle registration plate which
that shall bear the inscription "historical vehicle - Michigan" and
the registration number.
(2) The owner of an historic vehicle applying for an historic
vehicle
registration plate or a registration tab under this section
shall pay a fee of $30.00, shall certify that the vehicle for which
the registration is requested is owned and operated solely as an
historic vehicle, and shall certify that the vehicle has been
inspected and found safe to operate on the highways of this state.
The
registration certificate need not specify the weight of the
historic
vehicle. The registration issued
under this section is
transferable to another historic vehicle upon completion of the
application for transfer and payment of the fee in the manner
described in section 809.
(3) A registration issued under this section shall expire on
April 15 in the tenth year following the date of issuance of the
registration.
(4) The secretary of state may revoke a registration issued
under this section, for cause shown and after a hearing, for
failure of the applicant to comply with this section, for use of
the vehicle for which the registration was issued for purposes
other than those enumerated in section 20a, or because the vehicle
is not safe to operate on the highways of this state.
Sec. 803b. (1) The secretary of state may issue 1 personalized
vehicle
registration plate which that
shall be used on the
passenger motor vehicle, pick-up truck, motorcycle, van, motor
home, hearse, bus, trailer coach, or trailer for which the plate is
issued instead of a standard plate. Personalized plates shall bear
letters and numbers as the secretary of state prescribes. The
secretary
of state shall not issue a letter combination which that
might carry a connotation offensive to good taste and decency. The
personalized plates shall be made of the same material as standard
plates. Personalized plates shall not be a duplication of another
registration plate.
(2) An application for a personalized registration plate shall
be
submitted to the secretary of state pursuant according to
section 217. Application for an original personalized registration
plate shall be accompanied with payment of a service fee of $8.00
for the first month and of $2.00 per month for each additional
month of the registration period in addition to the regular vehicle
registration fee. A second duplicate registration plate may be
obtained by requesting that option on the application and paying an
additional service fee of $5.00. The original and duplicate service
fees shall be deposited in the transportation administration
collection fund created in section 810b. Application for the
renewal of a personalized registration plate shall be accompanied
with payment of a service fee of $15.00 in addition to the regular
vehicle registration fee. The service fee shall be credited to the
Michigan transportation fund and shall be allocated pursuant
according to section 10 of 1951 PA 51, MCL 247.660. The amount
allocated to the state trunk line fund shall be used by the state
transportation department for litter pickup and cleanup on state
roads and rights of way.
(3) The expiration date for a personalized registration plate
shall
be pursuant according to section 226. Upon the issuance or
renewal
of a personalized registration plate, the secretary of
state
may issue a tab or tabs designating the month and year of
expiration.
Upon the renewal of a personalized registration plate,
the
secretary of state shall issue a new tab or tabs for the rear
plate
designating the next expiration date of the plate. Upon
renewal, the secretary of state shall not issue the owner a new
exact duplicate of the expired plate unless the plate is illegible
and the owner pays the service fee and registration fee for an
original personalized registration plate.
(4) The sequence of letters or numbers or combination of
letters and numbers on a personalized plate shall not be given to a
different person in a subsequent year unless the person to whom the
plate was issued does not reapply before the expiration date of the
plate.
(5) An applicant who applies for a registration plate under
section 217d, 803e, 803f, 803j, 803k, 803l, 803n, or 803o is
eligible to request, and the secretary of state may issue, the
registration plate with a sequence of letters and numbers otherwise
authorized under this section.
(6) The secretary of state may issue a temporary permit to a
person who has submitted an application and the proper fees for a
personalized plate if the applicant's vehicle registration may
expire prior to receipt of his or her personalized plate. The
temporary registration shall be valid for not more than 60 days
after the date of issuance. The temporary permit shall be issued
without a fee.
Sec. 803m. (1) The secretary of state may issue 2 special
organization motor vehicle registration plates to an applicant for
use on a passenger motor vehicle, pickup truck, van, or motor home
for which the plates are issued instead of standard plates. A
special organization motor vehicle registration plate is a
registration plate issued by the secretary of state that bears on
its face the symbol or emblem of an organization.
(2) Special organization plates shall bear letters and numbers
as the secretary of state prescribes. Special organization plates
may contain the symbol of the organization to the left of the plate
number. The secretary of state shall not issue a letter combination
or
permit the use of a symbol which that might carry a
connotation
offensive to good taste and decency. The special organization
plates shall be made of the same material as standard plates.
Special organization plates shall not be a duplication of another
registration plate.
(3) In order to qualify its members to receive special
organization plates, an organization shall meet all of the
following criteria:
(a) Be a nonprofit fraternal or public service organization.
(b) Certify that it consists of not less than 500 members and
that not less than 500 members will apply for special organization
registration plates.
(c) Have a recognizable state, national, or international
symbol or emblem of the organization.
(d) Submit a service fee of $500.00 for the initial
manufacture of the symbols or emblems for the special registration
plates.
(e) Not practice or influence others to practice any form of
discrimination prohibited by the Elliott-Larsen civil rights act,
1976 PA 453, MCL 37.2101 to 37.2804.
(4) If an organization meets the criteria set forth in
subsection (3), the organization may request the secretary of state
to manufacture special organization registration plates for its
members. A request shall be accompanied by all of the following:
(a) A copy of the organization's charter and bylaws, if any.
(b) A statement of the organization's consent to use of the
organization's symbol or emblem on special organization plates. The
statement shall be signed by the president or chief executive
officer of the organization.
(c) A sample of the organization's symbol or emblem.
(d) The name of the organization's representative who will
serve as a contact person with the secretary of state.
(5)
A member of an organization which that has met the
criteria set forth in subsection (3) shall individually make
application for a special organization plate and submit with the
application the organization's confirmation of membership on a form
provided by the secretary of state.
(6) An application for a special organization registration
plate
shall be submitted to the secretary of state pursuant
according to the procedures prescribed in section 217. In addition
to the regular registration fee, each application for a new special
organization plate shall be accompanied by a service fee of $25.00.
The service fee prescribed in this subsection shall not be charged
in
connection with an application for a renewal tab registration
for an existing special organization plate. A special organization
registration plate shall expire as provided in section 226.
(7) The secretary of state may issue a temporary registration
permit to a person who submits an application and the proper fees
for a special organization plate, if the applicant's current
vehicle registration will expire before his or her receipt of an
organization plate. The temporary registration shall expire upon
the applicant's receipt of an organization plate or upon the
expiration of 60 days after the date of issuance, whichever occurs
first. A temporary permit issued under this subsection shall be
issued without charge.
(8)
This section shall apply to an organization described in
section
811c only to the extent provided by section 811c.
Sec. 803p. (1) The owner of an historic vehicle may use an
authentic Michigan registration plate of the same year as the model
year in which the vehicle was manufactured instead of an historic
vehicle registration plate issued under section 803a by presenting
the authentic plate number and year to the secretary of state at
the time of registration. The owner of an historic vehicle may
purchase an authentic Michigan registration plate from another
person and restore the plate to its authentic condition for use
pursuant
according to this section. An authentically restored plate
shall be considered an authentic Michigan registration plate.
(2) The owner of an historic vehicle applying to use an
authentic Michigan registration plate under this section shall pay
a fee of $35.00, shall certify that the vehicle for which the
registration is requested is owned and operated solely as an
historic vehicle, and shall certify that the vehicle has been
inspected and found safe to operate on the highways of this state.
The
registration certificate need not specify the weight of the
historic
vehicle. The registration issued
under this section is not
transferable to another historic vehicle.
(3) A registration issued under this section shall remain
valid until the registrant either sells, transfers, or scraps the
vehicle or modifies the vehicle in a manner that requires the
issuance of a new certificate of title for the vehicle under this
act.
(4) After a hearing and for cause shown, the secretary of
state may revoke a registration issued under this section for
failure of the applicant to comply with this section, for use of
the vehicle for which the registration was issued for purposes
other than those enumerated in section 20a, or because the vehicle
is not safe to operate on the highways of this state.
Sec. 811f. (1) The secretary of state may, upon application,
issue 1 fund-raising plate instead of a standard registration plate
to a person for use on a passenger motor vehicle or motor home or a
pickup truck or van used exclusively to transport personal
possessions or family members for nonbusiness purposes.
(2) A person may be issued a fund-raising plate for use on a
vehicle under this act by applying to the secretary of state
pursuant to section 217. An application for an original fund-
raising plate shall be accompanied by a $25.00 fund-raising
donation, payment of the regular vehicle registration tax
prescribed under this act, and a $10.00 service fee. An application
for renewal of a fund-raising plate shall be accompanied by payment
of the vehicle registration tax required under section 801 and a
$10.00 fund-raising donation. Application for a replacement fund-
raising plate shall be accompanied by payment of only the fee
prescribed under section 804.
(3) The secretary of state may issue a personalized fund-
raising plate upon application and the payment of the personalized
registration plate fee prescribed under section 803b in addition to
the fees and donations prescribed under subsection (2) and the
regular vehicle registration tax prescribed under this act.
(4) A disabled person who applies for a fund-raising plate
under this section and who pays the required service fees shall be
issued, as determined by the secretary of state, a disabled
person's plate as provided in section 803d for his or her fund-
raising plate. The secretary of state shall require the same proof
that the applicant is a disabled person as is required for issuance
of a permanent windshield placard under section 675.
(5)
A fund-raising plate expires pursuant to section 226. The
secretary
of state may issue a tab or tabs designating the month
and
year of expiration for an original or renewal fund-raising
plate.
(6) The secretary of state may issue a temporary registration
permit to a person who submits an application and the proper fees
and donation for a fund-raising plate, if the applicant's current
vehicle registration will expire before his or her receipt of a
fund-raising plate. The temporary registration shall expire upon
the applicant's receipt of a fund-raising plate or upon the
expiration of 30 days after the date of issuance, whichever occurs
first. The temporary permit shall be issued without a separate fee.
Sec. 904. (1) A person whose operator's or chauffeur's license
or
registration certificate has been suspended or revoked and who
has been notified as provided in section 212 of that suspension or
revocation, whose application for license has been denied, or who
has never applied for a license, shall not operate a motor vehicle
upon a highway or other place open to the general public or
generally accessible to motor vehicles, including an area
designated for the parking of motor vehicles, within this state.
(2) A person shall not knowingly permit a motor vehicle owned
by the person to be operated upon a highway or other place open to
the general public or generally accessible to motor vehicles,
including an area designated for the parking of vehicles, within
this
state by a person whose license or registration certificate is
suspended or revoked, whose application for license has been
denied, or who has never applied for a license, except as permitted
under this act.
(3) Except as otherwise provided in this section, a person who
violates subsection (1) or (2) is guilty of a misdemeanor
punishable as follows:
(a) For a first violation, by imprisonment for not more than
93 days or a fine of not more than $500.00, or both. Unless the
vehicle was stolen or used with the permission of a person who did
not knowingly permit an unlicensed driver to operate the vehicle,
the registration plates of the vehicle shall be canceled by the
secretary of state upon notification by a peace officer.
(b) For a violation that occurs after a prior conviction, by
imprisonment for not more than 1 year or a fine of not more than
$1,000.00, or both. Unless the vehicle was stolen, the registration
plates of the vehicle shall be canceled by the secretary of state
upon notification by a peace officer.
(4) A person who operates a motor vehicle in violation of
subsection (1) and who, by operation of that motor vehicle, causes
the death of another person is guilty of a felony punishable by
imprisonment for not more than 15 years or a fine of not less than
$2,500.00 or more than $10,000.00, or both. This subsection does
not apply to a person whose operator's or chauffeur's license was
suspended because that person failed to answer a citation or comply
with
an order or judgment pursuant to under section 321a.
(5) Before October 31, 2010, a person who operates a motor
vehicle in violation of subsection (1) and who, by operation of
that motor vehicle, causes the serious impairment of a body
function of another person is guilty of a felony punishable by
imprisonment for not more than 5 years or a fine of not less than
$1,000.00 or more than $5,000.00, or both. This subsection does not
apply to a person whose operator's or chauffeur's license was
suspended because that person failed to answer a citation or comply
with an order or judgment under section 321a.
(6) (5)
A Beginning October 31, 2010,
a person who operates a
motor vehicle in violation of subsection (1) and who, by operation
of that motor vehicle, causes the serious impairment of a body
function of another person is guilty of a felony punishable by
imprisonment for not more than 5 years or a fine of not less than
$1,000.00 or more than $5,000.00, or both. This subsection does not
apply to a person whose operator's or chauffeur's license was
suspended because that person failed to answer a citation or comply
with
an order or judgment pursuant to under section 321a.
(7) (6)
In addition to being subject to any
other penalty
provided for in this act, if a person is convicted under subsection
(4), or
(5), or (6), the court may impose the sanction permitted
under section 625n. If the vehicle is not ordered forfeited under
section 625n, the court shall order vehicle immobilization under
section 904d in the judgment of sentence.
(8) (7)
A person shall not knowingly permit
a motor vehicle
owned by the person to be operated upon a highway or other place
open to the general public or generally accessible to motor
vehicles, including an area designated for the parking of vehicles,
within this state, by a person whose license or registration
certificate
is suspended or revoked, whose
application for license
has been denied, or who has never been licensed except as permitted
by this act. If a person permitted to operate a motor vehicle in
violation of this subsection causes the serious impairment of a
body function of another person by operation of that motor vehicle,
the person knowingly permitting the operation of that motor vehicle
is guilty of a felony punishable by imprisonment for not more than
2
years , or a
fine of not less than $1,000.00 or more than
$5,000.00, or both. If a person permitted to operate a motor
vehicle in violation of this subsection causes the death of another
person by operation of that motor vehicle, the person knowingly
permitting the operation of that motor vehicle is guilty of a
felony
punishable by imprisonment for not more than 5 years , or a
fine of not less than $1,000.00 or more than $5,000.00, or both.
(9) (8)
If the prosecuting attorney intends
to seek an
enhanced sentence under this section based upon the defendant
having 1 or more prior convictions, the prosecuting attorney shall
include on the complaint and information, or an amended complaint
and information, filed in district court, circuit court, municipal
court, or family division of circuit court, a statement listing the
defendant's prior convictions.
(10) Before October 31, 2010, a prior conviction under this
section shall be established at or before sentencing by 1 or more
of the following:
(a) An abstract of conviction.
(b) A copy of the defendant's driving record.
(c) An admission by the defendant.
(11) (9)
A Beginning October 31, 2010,
a prior conviction
under this section shall be established at or before sentencing by
1 or more of the following:
(a) A copy of a judgment of conviction.
(b) An abstract of conviction.
(c) A transcript of a prior trial, plea, or sentencing.
(d) A copy of a court register of action.
(e) A copy of the defendant's driving record.
(f) Information contained in a presentence report.
(g) An admission by the defendant.
(12) (10)
Upon receiving a record of a
person's conviction or
civil infraction determination for the unlawful operation of a
motor vehicle or a moving violation reportable under section 732
while the person's operator's or chauffeur's license is suspended
or revoked, the secretary of state immediately shall impose an
additional like period of suspension or revocation. This subsection
applies only if the violation occurs during a suspension of
definite length or if the violation occurs before the person is
approved for a license following a revocation.
(13) (11)
Upon receiving a record of a
person's conviction or
civil infraction determination for the unlawful operation of a
motor vehicle or a moving violation reportable under section 732
while the person's operator's or chauffeur's license is
indefinitely suspended or whose application for a license has been
denied, the secretary of state immediately shall impose a 30-day
period of suspension or denial.
(14) (12)
Upon receiving a record of the
conviction, bond
forfeiture, or a civil infraction determination of a person for
unlawful operation of a motor vehicle requiring a vehicle group
designation while the designation is suspended or revoked under
section 319b, or while the person is disqualified from operating a
commercial motor vehicle by the United States secretary of
transportation or under 49 USC 31301 to 31317, the secretary of
state immediately shall impose an additional like period of
suspension or revocation. This subsection applies only if the
violation occurs during a suspension of definite length or if the
violation occurs before the person is approved for a license
following a revocation.
(15) (13)
If the secretary of state receives
records of more
than 1 conviction or civil infraction determination resulting from
the same incident, all of the convictions or civil infraction
determinations shall be treated as a single violation for purposes
of imposing an additional period of suspension or revocation under
subsection
(10), (11), or (12), (13),
or (14).
(16) (14)
Before a person is arraigned before
a district court
magistrate or judge on a charge of violating this section, the
arresting officer shall obtain the person's driving record from the
secretary of state and shall furnish the record to the court. The
driving record of the person may be obtained from the secretary of
state's computer information network.
(17) (15)
This section does not apply to a
person who operates
a vehicle solely for the purpose of protecting human life or
property if the life or property is endangered and summoning prompt
aid is essential.
(18) (16)
A person whose vehicle group
designation is
suspended or revoked and who has been notified as provided in
section 212 of that suspension or revocation, or whose application
for a vehicle group designation has been denied as provided in this
act, or who has never applied for a vehicle group designation and
who operates a commercial motor vehicle within this state, except
as permitted under this act, while any of those conditions exist is
guilty of a misdemeanor punishable, except as otherwise provided in
this section, by imprisonment for not less than 3 days or more than
93 days or a fine of not more than $100.00, or both.
(19) (17)
If a person has a second or
subsequent suspension or
revocation under this section within 7 years as indicated on the
person's Michigan driving record, the court shall proceed as
provided in section 904d.
(20) (18)
Any period of suspension or
revocation required
under
subsection (10), (11), or (12),
(13), or (14) does not apply
to a person who has only 1 currently effective suspension or denial
on his or her Michigan driving record under section 321a and was
convicted of or received a civil infraction determination for a
violation that occurred during that suspension or denial. This
subsection may only be applied once during the person's lifetime.
(21) (19)
For purposes of this section, a
person who never
applied for a license includes a person who applied for a license,
was denied, and never applied again.
Sec.
905. Any person who shall forge, forges or,
without
authority,
sign signs any evidence of ability to respond in damages
as required by the secretary of state in the administration of
chapter
5, and any person who shall violate violates any provisions
of
chapter 5 for which no penalty is otherwise provided, shall be
is guilty of a misdemeanor and upon conviction shall be fined not
less
than $100.00 nor or more than $1,000.00 , or imprisoned for
not more than 90 days, or both. Any person whose operator's or
chauffeur's
license, or registration, card
or other privilege to
operate a motor vehicle has been suspended or revoked and
restoration thereof or issuance of a new license or registration is
contingent
upon the furnishing of proof of financial responsibility
and
who during such the suspension or revocation or in the absence
of full authorization from the secretary of state drives any motor
vehicle upon any highway or knowingly permits any motor vehicle
owned by such person to be operated by another person upon any
highway
except as permitted hereunder under
this act shall be
punished
by a fine of not more than $500.00 and by or imprisonment
for
a period of not less than 2 days nor or more than 1 year, or by
both. such
fine and imprisonment.
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 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
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 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 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 shall be not more than $10.00. For a violation of section
319f(1), the civil fine ordered under this section shall be not
less than $1,100.00 or more than $2,750.00. 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)(b),
the civil fine ordered under this section shall be not less than
$2,750.00 or more than $11,000.00. 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. If a person is determined to be responsible or
responsible "with explanation" for a civil infraction under section
319g or a local ordinance substantially corresponding to section
319g, that person shall be ordered to pay costs as provided in
subsection (4) and a civil fine of not more than $10,000.00.
(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 (14), 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), 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.
(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.
(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.
(16) If a person has received a citation for a violation of
section 328(1) for failing to produce a certificate of insurance
pursuant
according 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.
(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. Sections 223 and 226c of the Michigan
vehicle code, 1949 PA 300, MCL 257.223 and 257.226c, are repealed.
Enacting section 2. This amendatory act takes effect April 1,
2010.
