HOUSE BILL No. 5879
May 20, 1998, Introduced by Reps. Law, Kukuk, Rhead, Gernaat and Bobier and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 675 (MCL 257.675), as amended by 1998 PA 68. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 675. (1) Except as otherwise provided in this section 2 and this chapter, a vehicle stopped or parked upon a highway or 3 street shall be stopped or parked with the wheels of the vehicle 4 parallel to the roadway and within 12 inches of any curb existing 5 at the right of the vehicle. 6 (2) A local authority may by ordinance permit parking of a 7 vehicle on a 1-way roadway with the vehicle's left wheels adja- 8 cent to and within 12 inches of any curb existing at the left of 9 the vehicle. 05980'98 TJS 2 1 (3) A local authority may by ordinance permit angle parking 2 on a roadway, except that angle parking shall not be permitted on 3 a state trunk line highway. 4 (4) The state transportation commission with respect to 5 state trunk line highways and the board of county road commis- 6 sioners with respect to county roads, acting jointly with the 7 director of the department of state police, may place signs pro- 8 hibiting or restricting the stopping, standing, or parking of 9 vehicles on a highway where in the opinion of the officials as 10 determined by an engineering survey, the stopping, standing, or 11 parking is dangerous to those using the highway or where the 12 stopping, standing, or parking of vehicles would unduly interfere 13 with the free movement of traffic on the highway or street. The 14 signs shall be official signs and a person shall not stop, stand, 15 or park a vehicle in violation of the restrictions stated on the 16 signs. The signs shall be installed only after a proper traffic 17 order is filed with the county clerk. Upon the application to 18 the state transportation commission by a home rule city affected 19 by an order, opportunity shall be given to the city for a hearing 20 before the state transportation commission, pursuant to the 21 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 22 24.328, except when an ordinance of the home rule city prohibits 23 or restricts the parking of vehicles on a state trunk line high- 24 way; when the home rule city, by lawfully authorized official 25 action, requests the state transportation department to prohibit 26 or restrict parking on a state trunk line highway; or when the 27 home rule city enters into a construction agreement with the 05980'98 3 1 state transportation department providing for the prohibition or 2 restriction of parking on a state trunk line highway during or 3 after the period of construction. UPON APPLICATION TO THE STATE 4 TRANSPORTATION COMMISSION BY A TOWNSHIP AFFECTED BY AN ORDER, 5 OPPORTUNITY SHALL BE GIVEN TO THE TOWNSHIP FOR A HEARING BEFORE 6 THE STATE TRANSPORTATION COMMISSION IN THE MANNER PRESCRIBED IN 7 THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 8 24.201 TO 24.328. Traffic control orders, so long as they affect 9 parking upon a state trunk line highway OR COUNTY ROAD within the 10 corporate limits of a home rule city OR WITHIN THE LIMITS OF A 11 TOWNSHIP, are considered "rules" within the meaning of the admin- 12 istrative procedures act of 1969, 1969 PA 306, MCl 24.201 to 13 24.328, and upon application for a hearing by a home rule city OR 14 A TOWNSHIP, the proceedings before the state transportation com- 15 mission shall be considered a "contested case" within the meaning 16 of that act. 17 (5) After October 1, 1994, a disabled person may apply, on a 18 form prescribed by the secretary of state, for a serially num- 19 bered nontransferable temporary or permanent windshield placard 20 for the personal use of the disabled person. An individual who 21 has a religious objection to having a medical examination by a 22 physician may personally apply at a branch office of the secre- 23 tary of state for a serially numbered nontransferable temporary 24 or permanent windshield placard for the personal use of the dis- 25 abled individual. If it appears obvious that the individual has 26 a qualifying disability, the individual shall not be required to 27 present a medical statement attesting to the disability. The 05980'98 4 1 application for and the issuance of the serially numbered 2 nontransferable temporary or permanent windshield placard is 3 subject to all of the following: 4 (a) The secretary of state may issue to a disabled person 5 with a temporary disability a temporary windshield placard that 6 is valid for a period of not more than 6 months. 7 (b) The secretary of state may issue to a disabled person 8 with a permanent disability an original or renewal permanent 9 windshield placard that is valid for at least 4 years. 10 (c) An original certificate of identification or permanent 11 windshield placard shall expire on the disabled person's fifth 12 birthday after the date of issuance. 13 (d) A renewal permanent windshield placard shall expire on 14 the disabled person's fourth birthday after the date of renewal. 15 (e) A person holding a certificate of identification or per- 16 manent windshield placard at any time within 45 days before the 17 expiration of his or her certificate or placard may make applica- 18 tion for a new or renewal placard as provided for in this 19 section. However, if the person will be out of state during the 20 45 days immediately preceding expiration of the certificate or 21 placard or for other good cause shown cannot apply for a placard 22 within the 45-day period, application for a new or renewal plac- 23 ard may be made not more than 6 months before expiration of the 24 certificate or placard. A placard issued or renewed under this 25 subdivision shall expire as provided for in this subsection. 26 (f) Upon application in the manner prescribed by the 27 secretary of state for replacement of a lost, stolen, or 05980'98 5 1 destroyed certificate or placard described in this section, a 2 disabled person or organization that provides specialized serv- 3 ices to disabled persons may be issued a placard that in sub- 4 stance duplicates the original certificate or placard for a fee 5 of $10.00. 6 (g) A certificate or placard described in this section may 7 be used by a person other than the disabled person for the sole 8 purpose of transporting the disabled person. An organization 9 that provides specialized services to disabled persons may apply 10 for and receive a permanent windshield placard to be used in any 11 motor vehicle actually transporting a disabled person. If the 12 organization ceases to transport disabled persons, the placard 13 shall be returned to the secretary of state for cancellation and 14 destruction. 15 (6) A disabled person with a certificate of identification, 16 windshield placard, special registration plates issued under sec- 17 tion 803d, a special registration plate issued under section 803f 18 that has a tab for persons with disabilities attached, a certifi- 19 cate of identification or windshield placard from another state, 20 or special registration plates from another state issued for per- 21 sons with disabilities is entitled to courtesy in the parking of 22 a vehicle. The courtesy shall relieve the disabled person or the 23 person transporting the disabled person from liability for a vio- 24 lation with respect to parking, other than in violation of this 25 act. A local authority may by ordinance prohibit parking on a 26 street or highway to create a fire lane or to provide for the 27 accommodation of heavy traffic during morning and afternoon rush 05980'98 6 1 hours, and the privileges extending to veterans and physically 2 disabled persons under this subsection do not supersede that 3 ordinance. 4 (7) An application for an initial free parking sticker shall 5 contain a certification by a physician licensed to practice in 6 this state attesting to the nature and estimated duration of the 7 applicant's disabling condition and verifying that the applicant 8 qualifies for a free parking sticker. An individual who has a 9 religious objection to having a medical examination by a physi- 10 cian may personally apply at a branch office of the secretary of 11 state for an initial free parking sticker. If it appears obvious 12 that the individual is unable to do 1 or more of the acts listed 13 in subdivisions (a) to (d), the individual shall not be required 14 to present a certification by a physician attesting to the nature 15 and estimated duration of the applicant's disabling condition or 16 verifying that the applicant qualifies for a free parking 17 sticker. The applicant qualifies for a free parking sticker if 18 the applicant is a licensed driver and the physician certifies 19 or, if an individual is not required to have a certification by a 20 physician, it is obvious that the applicant is unable to do 1 or 21 more of the following: 22 (a) Manage, manipulate, or insert coins, or obtain tickets 23 or tokens in parking meters or ticket machines in parking lots or 24 parking structures, due to the lack of fine motor control of both 25 hands. 05980'98 7 1 (b) Reach above his or her head to a height of 42 inches 2 from the ground, due to a lack of finger, hand, or upper 3 extremity strength or mobility. 4 (c) Approach a parking meter due to his or her use of a 5 wheelchair or other device. 6 (d) Walk more than 20 feet due to an orthopedic, neurolo- 7 gical, cardiovascular, or lung condition in which the degree of 8 debilitation is so severe that it almost completely impedes the 9 ability to walk. 10 (8) To be entitled to free parking in a metered space or in 11 a publicly owned parking structure or area, a vehicle must prop- 12 erly display 1 of the following: 13 (a) A windshield placard bearing a free parking sticker 14 issued pursuant to this act. 15 (b) A valid certificate of identification issued before the 16 effective date of this act. 17 (c) A valid windshield placard issued by another state. 18 (d) A certificate of identification issued by another 19 state. 20 (e) A license plate for persons with disabilities issued by 21 another state. 22 (f) A special registration plate with a tab for persons with 23 disabilities attached issued by another state. 24 (9) A vehicle that does not properly display 1 of the items 25 listed in subsection (8) is not entitled to free parking in a 26 metered parking space or in a publicly owned parking area or 05980'98 8 1 structure, and the disabled person or vehicle operator shall pay 2 all parking fees and may be responsible for a civil infraction. 3 (10) Blindness that is not accompanied by an incapacity 4 described in subsection (7) does not entitle a person to a free 5 parking sticker. 6 (11) The secretary of state shall attach a free parking 7 sticker, in contrasting colors, to the windshield placard of a 8 person certified as having an incapacity described in subsection 9 (7). 10 (12) A windshield placard issued under this section shall be 11 displayed on the interior rearview mirror of the vehicle or, if 12 there is no interior rearview mirror, on the lower left corner of 13 the dashboard while the vehicle is parked or being parked by or 14 under the direction of a disabled person pursuant to this 15 section. 16 (13) A certificate of identification issued before February 17 11, 1992 shall be displayed on the lower left corner of the dash- 18 board of the parked vehicle. 19 (14) Upon conviction of an offense involving a violation of 20 the special privileges conferred upon a holder of a certificate 21 of identification, windshield placard, or free parking sticker, a 22 magistrate or judge trying the case, as a part of any penalty 23 imposed, may confiscate the serially numbered certificate of 24 identification, windshield placard, or free parking sticker and 25 return the confiscated item or items to the secretary of state 26 together with a certified copy of the sentence imposed. Upon 27 receipt of a certificate of identification, windshield placard, 05980'98 9 1 or free parking sticker from a judge or magistrate, the secretary 2 of state shall cancel and destroy the certificate, placard, or 3 sticker, and the disabled person to whom it was issued shall not 4 receive another certificate, placard, or sticker until he or she 5 submits a completed application and presents a current medical 6 statement attesting to his or her condition. A law enforcement 7 officer who observes a misuse of a certificate of identification, 8 windshield placard, or free parking sticker may immediately con- 9 fiscate the certificate, placard, or sticker and forward it with 10 a copy of his or her report to the secretary of state. 11 (15) A person who intentionally makes a false statement of 12 material fact or commits or attempts to commit a deception or 13 fraud on a medical statement attesting to a disability, submitted 14 in support of an application for a certificate of identification, 15 windshield placard, free parking sticker, special registration 16 plate, or tab for persons with disabilities under this section, 17 section 803d, or section 803f, is guilty of a misdemeanor, pun- 18 ishable by a fine of not more than $500.00 or imprisonment for 19 not more than 30 days, or both. 20 (16) A person who commits or attempts to commit a deception 21 or fraud by 1 or more of the following methods is guilty of a 22 misdemeanor punishable by a fine of not more than $500.00 or 23 imprisonment for not more than 30 days, or both: 24 (a) Using a certificate of identification, windshield plac- 25 ard, or free parking sticker issued under this section or by 26 another state to provide transportation to a disabled person, 05980'98 10 1 when the person is not providing transportation to a disabled 2 person. 3 (b) Altering, modifying, or selling a certificate of identi- 4 fication, windshield placard, or free parking sticker issued 5 under this section or by another state. 6 (c) Copying or forging a certificate of identification, 7 windshield placard, or free parking sticker described in this 8 section or selling or using a certificate, placard, or sticker 9 described in this subdivision. 10 (d) Making a false statement of material fact to obtain or 11 assist an individual in obtaining a certificate, placard, or 12 sticker described in this section, a special registration plate 13 under section 803d, or a tab for persons with disabilities under 14 section 803f. 15 (e) Knowingly using or displaying a certificate, placard, or 16 sticker described in this section that has been canceled by the 17 secretary of state. 18 (17) Except as otherwise provided in this section, a person 19 who violates this section is responsible for a civil infraction. 20 (18) A certificate of identification issued before 21 October 1, 1994 and containing an expiration date is valid for 22 free parking in a space controlled or regulated by a meter on a 23 public highway or in a publicly owned parking area or structure 24 when the time for parking indicated on the meter has expired, or 25 in a parking space clearly identified by an official sign as 26 being reserved for use by disabled persons that is on public 27 property or private property available for public use, until the 05980'98 11 1 expiration date printed on the certificate. The certificate 2 expires and shall be canceled on its expiration date. 3 (19) A certificate of identification issued before the 4 effective date of this act that does not contain an expiration 5 date expires and shall be canceled on the effective date of the 6 amendatory act that added this subsection. 7 (19) (20) A certificate of identification shall not be 8 issued or renewed by the secretary of state after October 1, 9 1994. 10 (20) (21) The secretary of state may cancel, revoke, or 11 suspend a windshield placard, free parking sticker, or certifi- 12 cate of identification under any of the following circumstances: 13 (a) The secretary of state determines that a windshield 14 placard, free parking sticker, or certificate of identification 15 was fraudulently or erroneously issued. 16 (b) The secretary of state determines that a person has made 17 or is making an unlawful use of his or her windshield placard, 18 free parking sticker, or certificate of identification. 19 (c) The secretary of state determines that a check or draft 20 used to pay the required fee is not paid on its first presenta- 21 tion and is not paid upon reasonable notice or demand or that the 22 required fee is paid by an invalid credit card. 23 (d) The secretary of state determines that the person is no 24 longer eligible to receive or use a windshield placard, free 25 parking sticker, or certificate of identification. 05980'98 12 1 (e) The secretary of state determines that the owner has 2 committed an offense under this act involving a windshield 3 placard, free parking sticker, or certificate of identification. 4 (f) A person has violated this act and the secretary of 5 state is authorized under this act to cancel, revoke, or suspend 6 a windshield placard, free parking sticker, or certificate of 7 identification for that violation. 8 (g) The secretary of state receives notice from another 9 state or foreign country that a windshield placard, free parking 10 sticker, or certificate of identification issued by the secretary 11 of state has been surrendered by the owner or seized in con- 12 formity with the laws of that other state or foreign country, or 13 has been improperly used or displayed in violation of the laws of 14 that other state or foreign country. 15 (21) (22) Before a cancellation, revocation, or suspension 16 under subsection (21) (20), the person affected thereby shall 17 be given notice and an opportunity to be heard. 18 (22) (23) A windshield placard issued to a disabled person 19 shall bear the disabled person's driver's or chauffeur's license 20 number or the number on his or her official state personal iden- 21 tification card issued under 1972 PA 222, MCL 28.291 to 28.295. 05980'98 Final page. 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