HOUSE BILL No. 4426

April 14, 2015, Introduced by Rep. Kivela and referred to the Committee on Transportation and Infrastructure.

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 320a, 606, 608, 609, and 610 (MCL 257.320a,

 

257.606, 257.608, 257.609, and 257.610), section 320a as amended

 

by 2012 PA 592 and section 606 as amended by 1980 PA 518.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 320a. (1) Within 5 days after receipt of a properly

 

 2  prepared abstract from a court of this state or another state,

 

 3  the secretary of state shall record the date of conviction, civil

 

 4  infraction determination, or probate court disposition, and the

 

 5  number of points for each, based on the following formula: ,

 

 6  except as otherwise provided in this section and section 629c:

 

 

     (a) Manslaughter, negligent homicide, or a


felony resulting from the operation of a motor

vehicle, ORV, or snowmobile............................6 points

     (b) A violation of section 601b(2) or (3),

601c(1) or (2), or 653a(3) or (4) or, beginning

October 31, 2010, a violation of section 601d..........6 points

     (c) A violation of section 625(1), (4), (5),

(7), or (8), section 81134 or 82127(1) of the

natural resources and environmental protection act,

1994 PA 451, MCL 324.81134 and 324.82127, or a law or

10 ordinance substantially corresponding to section

11 625(1), (4), (5), (7), or (8), or section 81134

12 or 82127(1) of the natural resources and

13 environmental protection act, 1994 PA 451,

14 MCL 324.81134 and 324.82127............................6 points

15      (d) Failing to stop and disclose identity

16 at the scene of an accident when required by law.......6 points

17      (e) Operating a motor vehicle in violation

18 of section 626.........................................6 points

19      (f) Fleeing or eluding an officer.................6 points

20      (g) A violation of section 627(9) pertaining

21 to speed in a work zone described in that section

22 by exceeding the lawful maximum by more than

23 15 miles per hour......................................5 points

24      (g) (h) A violation of any law other than the

25 law described in subdivision (g) or ordinance

26 pertaining to speed by exceeding the lawful

27 maximum by more than 15 miles per hour.................4 points

28      (h) (i) A violation of section 625(3) or (6),

29 section 81135 or 82127(3) of the natural


resources and environmental protection act,

1994 PA 451, MCL 324.81135 and 324.82127,

or a law or ordinance substantially corresponding

to section 625(3) or (6) or section 81135

or 82127(3) of the natural resources and

environmental protection act, 1994 PA 451,

MCL 324.81135 and 324.82127............................4 points

     (i) (j) A violation of section 626a or a law

or ordinance substantially corresponding to

10 section 626a...........................................4 points

11      (j) (k) A violation of section 653a(2)............4 points

12      (l) A violation of section 627(9) pertaining

13 to speed in a work zone described in that section

14 by exceeding the lawful maximum by more than 10

15 but not more than 15 miles per hour....................4 points

16      (k) (m) Beginning October 31, 2010, a

17 moving violation resulting in an at-fault

18 collision with another vehicle, a person,

19 or any other object....................................4 points

20      (l) (n) A violation of any law other than the

21 law described in subdivision (l) or ordinance

22 pertaining to speed by exceeding the lawful

23 maximum by more than 10 but not more than 15

24 miles per hour or careless Careless driving in violation

25 of section 626b or a law or ordinance substantially

26 corresponding to section 626b..........................3 points

27      (m) (o) A violation of section 627(9) any law

28 or ordinance pertaining to speed in a work zone

29 described in that section by exceeding the lawful


maximum by more than 10 miles per hour or lessbut not

more than 15 miles per hour............................3 points

     (n) (p) A violation of any law other than the law

described in subdivision (o) or ordinance

pertaining to speed by exceeding the lawful maximum

by more than 5 miles per hour but not more than

10 miles per hour or less..............................2 points

     (o) (q) Disobeying a traffic signal or stop sign,

or improper passing....................................3 points

10      (p) (r) A violation of section 624a, 624b, or

11 a law or ordinance substantially corresponding to

12 section 624a or 624b...................................2 points

13      (q) (s) A violation of section 310e(4) or (6) or

14 a law or ordinance substantially corresponding to

15 section 310e(4) or (6).................................2 points

16      (r) (t) All other moving violations pertaining to

17 the operation of motor vehicles reported under

18 this section...........................................2 points

19      (s) (u) A refusal by a person less than 21 years of

20 age to submit to a preliminary breath test required

21 by a peace officer under section 625a..................2 points

 

 

22        (2) Points shall not be entered for a violation of section

 

23  310e(14), 311, 602b(1), 602c, 625m, 658, 710d, 717, 719, 719a, or

 

24  723.

 

25        (3) Points shall not be entered for bond forfeitures.

 

26        (4) Points shall not be entered for overweight loads or for

 

27  defective equipment.

 

28        (5) If more than 1 conviction, civil infraction


 

 1  determination, or probate court disposition results from the same

 

 2  incident, points shall be entered only for the violation that

 

 3  receives the highest number of points under this section.

 

 4        (6) If a person has accumulated 9 points as provided in this

 

 5  section, the secretary of state may call the person in for an

 

 6  interview as to the person's driving ability and record after due

 

 7  notice as to time and place of the interview. If the person fails

 

 8  to appear as provided in this subsection, the secretary of state

 

 9  shall add 3 points to the person's record.

 

10        (7) If a person violates a speed restriction established by

 

11  an executive order issued during a state of energy emergency as

 

12  provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of

 

13  state shall enter points for the violation pursuant to under

 

14  subsection (1).

 

15        (8) The secretary of state shall enter 6 points upon the

 

16  record of a person whose license is suspended or denied pursuant

 

17  to under section 625f. However, if a conviction, civil infraction

 

18  determination, or probate court disposition results from the same

 

19  incident, additional points for that offense shall not be

 

20  entered.

 

21        (9) If a Michigan driver commits a violation in another

 

22  state that would be a civil infraction if committed in Michigan,

 

23  and a conviction results solely because of the failure of the

 

24  Michigan driver to appear in that state to contest the violation,

 

25  upon receipt of the abstract of conviction by the secretary of

 

26  state, the violation shall be noted on the driver's record, but

 

27  no points shall be assessed against his or her driver's license.


 

 1        Sec. 606. (1) The provisions of this This chapter shall not

 

 2  be considered to does not prevent a local authorities authority

 

 3  with respect to streets or highways under the jurisdiction of the

 

 4  local authority and within the reasonable exercise of the police

 

 5  power from doing any of the following:

 

 6        (a) Regulating the standing or parking of vehicles.

 

 7        (b) Regulating the impoundment or immobilization of vehicles

 

 8  whose owner has failed to answer 6 or more parking violation

 

 9  notices or citations regarding illegal parking.

 

10        (c) Regulating traffic by means of police officers or

 

11  traffic control signals.

 

12        (d) Regulating or prohibiting processions or assemblages on

 

13  the highways or streets.

 

14        (e) Designating particular highways as 1-way highways and

 

15  requiring that all vehicles on those highways be moved in 1

 

16  specific direction.

 

17        (f) Regulating the speed of vehicles in public parks.

 

18        (f) (g) Designating any highway as a through highway and

 

19  requiring that all vehicles stop before entering or crossing the

 

20  through highway; designating any intersection as a stop

 

21  intersection and requiring all vehicles to stop at 1 or more

 

22  entrances to these intersections; the intersection; or

 

23  designating intersections at which vehicular traffic shall be

 

24  required any intersection as a yield intersection and requiring

 

25  all vehicles to yield the right of way at 1 or more entrances to

 

26  these intersections.the intersection.

 

27        (g) (h) Restricting the use of highways as authorized in


 

 1  section 726.

 

 2        (h) (i) Regulating the operation of bicycles and requiring

 

 3  the registration and licensing of bicycles, including the

 

 4  requirement of a registration fee.

 

 5        (i) (j) Regulating or prohibiting the turning of vehicles at

 

 6  intersections.

 

 7        (k) Increasing the prima facie speed limits as authorized in

 

 8  this act.

 

 9        (j) (l) Adopting other traffic regulations as are

 

10  specifically authorized by this chapter.

 

11        (2) All traffic regulations described in subsection (1)

 

12  shall be based on standard and accepted engineering practices as

 

13  specified in the Michigan manual on uniform traffic control

 

14  devices.

 

15        (3) (2) A local authority shall not erect or maintain a stop

 

16  sign or traffic control device at a location so as to require

 

17  that requires the traffic on any state trunk line highway to stop

 

18  before entering or crossing any intersecting highway unless

 

19  approval in writing has been first obtained from the director of

 

20  the state transportation department.

 

21        (4) (3) An ordinance or regulation enacted under subsection

 

22  (1)(a), (d), (e), (f), (g), (h), or (i) , or (j) shall not be

 

23  enforceable until signs giving notice of the local traffic

 

24  regulations are posted upon or at the entrance to the highway or

 

25  street or part of the highway or street affected, as may be most

 

26  appropriate, and are sufficiently legible as to be seen by an

 

27  ordinarily observant person. The posting of signs giving the


 

 1  notice shall not be required for a local ordinance which that

 

 2  does not differ from the provisions of this act regulating the

 

 3  parking or standing of vehicles; nor to ordinances of general

 

 4  application throughout the jurisdiction of the municipalities

 

 5  enacting the ordinances which that prohibit, limit, or restrict

 

 6  all night parking or parking during the early morning hours, if

 

 7  signs, approximately 3 feet by 4 feet, and sufficiently legible

 

 8  as to be seen by an ordinarily observant person, giving notice of

 

 9  these ordinances relating to all night parking or parking during

 

10  the early morning hours, are posted on highways at the corporate

 

11  limits of the municipality.

 

12        (5) (4) A local authority, in providing by ordinance for the

 

13  impounding of any motor vehicle parked contrary to a local

 

14  ordinance, shall not require a bond or cash deposit by the owner

 

15  of the motor vehicle in excess of $500.00 in order to recover the

 

16  possession of the motor vehicle pending final adjudication of the

 

17  case.

 

18        Sec. 608. The state highway commissioner transportation

 

19  department and commissioner department of state police shall

 

20  adopt a manual and specifications for a uniform system of

 

21  traffic-control traffic control devices consistent with the

 

22  provisions of this chapter for use upon highways within this

 

23  state. Such uniform system The manual shall correlate with and so

 

24  far as possible conform to the system federal manual then current

 

25  as approved by the American Association of State Highway

 

26  Officials and such manual United States department of

 

27  transportation, federal highway administration, and may be


 

 1  revised whenever necessary to carry out the provisions of this

 

 2  act. It is hereby declared to be the policy of the this state of

 

 3  Michigan to achieve, insofar as is practicable, uniformity in the

 

 4  design, and shape, and color scheme of traffic signs, signals,

 

 5  and guide posts erected and maintained upon the streets and

 

 6  highways within the this state with other states. Definitions and

 

 7  meanings found in the manual adopted under this section are

 

 8  supplemental to the definitions in chapter I. However, if a

 

 9  definition or meaning found in the manual adopted under this

 

10  section conflicts with a definition in chapter I, the definition

 

11  in chapter I prevails.

 

12        Sec. 609. (1) (a) The state highway commission

 

13  transportation department shall place or require to be placed,

 

14  and maintain or require to be maintained, such traffic-control

 

15  devices, conforming to said manual and specifications, upon all

 

16  state highways traffic control devices as it shall deem considers

 

17  necessary to indicate and to carry out the provisions of this

 

18  chapter or to regulate, warn, or guide traffic. A traffic control

 

19  device placed and maintained under this subsection shall conform

 

20  to the most current Michigan manual on uniform traffic control

 

21  devices.

 

22        (2) (b) No A local authority shall not place or maintain any

 

23  traffic-control a traffic control device upon any a trunk line

 

24  highway under the jurisdiction of the state highway commissioner

 

25  transportation department, except by the latter's permission, or

 

26  upon any a county road without the permission of the county road

 

27  commission having jurisdiction thereof. over that road. With the


 

 1  approval of the department of state highways, state

 

 2  transportation department, the board of county road commissioners

 

 3  of any a county, at its option, may install and maintain uniform

 

 4  traffic-control traffic control devices according to the

 

 5  standards promulgated by the department of state highways and as

 

 6  required by the commission on trunk line highways, conforming to

 

 7  the Michigan manual on uniform traffic control devices if the

 

 8  cost would be less than that estimated by the state highway

 

 9  commission, billing transportation department and bill the state

 

10  highway commission transportation department for its share of the

 

11  cost of installation.

 

12        Sec. 610. (1) (a) Local authorities and county road

 

13  commissions in their respective jurisdictions shall place and

 

14  maintain such the traffic control devices upon highways under

 

15  their jurisdiction as they may deem that they consider necessary

 

16  to indicate and to carry out the provisions of this chapter or

 

17  local traffic ordinances or to regulate, warn, or guide traffic.

 

18  All such traffic control devices hereafter erected shall conform

 

19  to the state manual and specifications.Michigan manual on uniform

 

20  traffic control devices.

 

21        (2) (b) The state highway commissioner transportation

 

22  department shall withhold from any township, incorporated

 

23  village, city, or county , failing that fails to comply with the

 

24  provisions of sections 606, 608, 609, 612, and 613, the share of

 

25  weight fuel and gasoline vehicle tax refunds revenue that would

 

26  otherwise be due the township, incorporated village, city, or

 

27  county under section 10 of 1951 PA 51, MCL 247.660. Notice of


 

 1  such failure to comply, and a reasonable 1 year's time to comply

 

 2  therewith, after notice, shall first be given.

 

 3        (3) (c) A person, firm, or corporation shall not sell or

 

 4  offer for sale to local authorities and local authorities shall

 

 5  not purchase or manufacture any traffic control device which that

 

 6  does not conform to the Michigan manual of on uniform traffic

 

 7  control devices, except by with the permission of the director of

 

 8  the state transportation department. of state highways.

 

 9        Enacting section 1. This amendatory act does not take effect

 

10  unless all of the following bills of the 98th Legislature are

 

11  enacted into law:

 

12        (a) Senate Bill No. ____ or House Bill No. 4424 (request no.

 

13  00135'15).

 

14        (b) Senate Bill No. ____ or House Bill No. 4423 (request no.

 

15  00136'15).

 

16        (c) Senate Bill No. ____ or House Bill No. ____ (request no.

 

17  00137'15).

 

18        (d) Senate Bill No. ____ or House Bill No. 4425 (request no.

 

19  00139'15).