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Michigan Compiled Laws Complete Through PA 123 of 2017

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Section 257.605

MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949


257.605 Applicability and uniformity of provisions; local laws and regulations; payment and allocation of civil fines; issuance of more than 1 citation; equipment violations; "local law" defined.

Sec. 605.

(1) This chapter and chapter VIII apply uniformly throughout this state and in all political subdivisions and municipalities in the state. A local authority shall not adopt, enact, or enforce a local law that provides lesser penalties or that is otherwise in conflict with this chapter or chapter VIII.

(2) A local law or portion of a local law that imposes a criminal penalty for an act or omission that is a civil infraction under this act, or that imposes a criminal penalty or civil sanction in excess of that prescribed in this act, is in conflict with this act and is void to the extent of the conflict.

(3) Except for a case in which the citation is dismissed pursuant to subsection (4), proceeds of a civil fine imposed by a local authority for violation of a local law regulating the operation of a commercial motor vehicle and substantially corresponding to a provision of this act shall be paid to the county treasurer and allocated as follows:

(a) Seventy percent to the local unit of government in which the citation is issued.

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

(4) The owner or operator of a commercial motor vehicle shall not be issued more than 1 citation for each violation of a code or ordinance regulating the operation of a commercial motor vehicle and substantially corresponding to a provision of sections 683 to 725a of the Michigan vehicle code, 1949 PA 300, MCL 257.683 to 257.725a, within a 24-hour period. If the owner or operator of a commercial motor vehicle is issued a citation for an equipment violation pursuant to section 683 that does not result in the vehicle being placed out of service, the court shall dismiss the citation if the owner or operator of that commercial motor vehicle provides written proof to the court within 14 days after the citation is issued showing that the defective equipment indicated in the citation has been repaired.

(5) As used in this section, "local law" includes a local charter provision, ordinance, rule, or regulation.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1999, Act 73, Eff. Oct. 1, 1999 ;-- Am. 1999, Act 267, Imd. Eff. Dec. 29, 1999 ;-- Am. 2000, Act 97, Imd. Eff. May 15, 2000 ;-- Am. 2011, Act 159, Imd. Eff. Sept. 30, 2011


© 2017 Legislative Council, State of Michigan

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