SENATE BILL NO. 129
January 27, 1999, Introduced by Senator HART and referred to the Committee on Transportation and Tourism. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 710d, 710e, and 907 (MCL 257.710d, 257.710e, and 257.907), section 710d as amended by 1990 PA 90, section 710e as amended by 1991 PA 25, and section 907 as amended by 1998 PA 103. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 710d. (1) Except as provided in this section, or as 2 otherwise provided by law, a rule promulgated pursuant to the 3 administrative procedures act of 1969, Act No. 306 of the Public 4 Acts of 1969, as amended, being sections 24.201 to 24.328 of the 5 Michigan Compiled Laws, or federal regulation, each driver trans- 6 porting a child in a motor vehicle shall properly secure each 7 child in a child restraint system as follows SUBSECTION (7), A 8 PARENT WHO IS OPERATING OR RIDING IN A MOTOR VEHICLE SHALL NOT 00805'99 TLG 2 1 PERMIT HIS OR HER CHILD TO RIDE IN THE MOTOR VEHICLE UPON A 2 HIGHWAY OF THIS STATE WITHOUT PROVIDING AND PROPERLY USING A 3 CHILD PASSENGER RESTRAINT SYSTEM FOR THE CHILD IF THE CHILD IS 4 EITHER OF THE FOLLOWING: 5 (a) Any child less than 1 year of age in a child restraint 6 system which meets the standards prescribed in 49 C.F.R. 571.213, 7 except as provided in subsection (6) LESS THAN 4 YEARS OF AGE. 8 (b) Any child 1 year of age or more but less than 4 years 9 of age, when transported in the front seat, in a child restraint 10 system which meets the standards prescribed in 49 C.F.R. 571.213, 11 except as provided in subsection (6) LESS THAN 40 POUNDS IN 12 WEIGHT. 13 (c) Any child 1 year of age or more but less than 4 years 14 of age, when transported in the rear seat, in a child restraint 15 system which meets the standards prescribed in 49 C.F.R. 16 571.213, unless the child is secured by a safety belt provided in 17 the motor vehicle, except as provided in subsection (6). 18 (2) This section does not apply to any child being nursed. 19 EXCEPT AS PROVIDED IN SUBSECTION (7), A DRIVER SHALL NOT TRANS- 20 PORT A CHILD IN A MOTOR VEHICLE UPON A HIGHWAY IN THIS STATE 21 WITHOUT PROVIDING AND PROPERLY USING A CHILD PASSENGER RESTRAINT 22 SYSTEM FOR THE CHILD, UNLESS THE PARENT OF THE CHILD IS ALSO 23 PRESENT IN THE MOTOR VEHICLE AND IS NOT THE DRIVER, IF THE CHILD 24 IS EITHER OF THE FOLLOWING: 25 (A) LESS THAN 4 YEARS OF AGE. 26 (B) LESS THAN 40 POUNDS IN WEIGHT. 00805'99 3 1 (3) This section does not apply if the motor vehicle being 2 driven is a bus, school bus, taxicab, moped, motorcycle, or other 3 motor vehicle not required to be equipped with safety belts under 4 federal law or regulations. 5 (4) A person who violates this section SUBSECTION (1) OR 6 (2) is responsible for a civil infraction AND IS LIABLE FOR A 7 FINE OF $100.00. HOWEVER, THE COURT MAY WAIVE THE FINE IF THE 8 VIOLATION IS A FIRST OFFENSE UNDER THIS SECTION AND THE COURT 9 FINDS THAT THE DEFENDANT IS ECONOMICALLY DISADVANTAGED, AND SHALL 10 REFER THE DEFENDANT TO A CHILD PASSENGER RESTRAINT LOW-COST PUR- 11 CHASE OR LOANER PROGRAM. A WAIVER OF THE FINE UNDER THIS SUBSEC- 12 TION IS NOT GROUND FOR WAIVING THE ASSESSMENT OF POINTS UNDER 13 SECTION 320A. 14 (5) A PERSON WHO VIOLATES SUBSECTION (1) OR (2) A SECOND OR 15 SUBSEQUENT TIME IS LIABLE FOR A FINE OF $100.00. 16 (6) (5) Points shall not be assessed under section 320a 17 for a violation of this section SUBSECTION (1) OR (2). An 18 abstract required under section 732 shall not be submitted to 19 the secretary of state regarding a THE violation. of this 20 section. 21 (7) (6) The secretary of state may exempt by rules promul- 22 gated pursuant to Act No. 306 of the Public Acts of 1969, as 23 amended, THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, 24 MCL 24.201 TO 24.328, a class of children from the requirements 25 of this section, if the secretary of state determines that the 26 use of the child restraint system required under subsection (1) 27 SUBSECTIONS (1) AND (2) is impractical because of physical 00805'99 4 1 unfitness, a medical problem, or body size. The secretary of 2 state may specify alternate means of protection for children 3 exempted under this subsection. FURTHER, IN THE CASE OF AN EMER- 4 GENCY, OR WHEN A CHILD IS BEING TRANSPORTED IN AN AUTHORIZED 5 EMERGENCY VEHICLE, A CHILD WHO IS NOT LESS THAN 1 YEAR OLD MAY BE 6 TRANSPORTED WITHOUT THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM 7 IF THERE IS NO CHILD PASSENGER RESTRAINT SYSTEM AVAILABLE AND THE 8 CHILD IS SECURED BY A SAFETY BELT. 9 (8) AN INDIVIDUAL SHALL NOT SELL, OFFER FOR SALE, OR INSTALL 10 IN A MOTOR VEHICLE IN THIS STATE A PASSENGER RESTRAINT SYSTEM 11 INTENDED FOR USE BY A CHILD THAT DOES NOT MEET OR EXCEED THE 12 STANDARDS PRESCRIBED IN 49 C.F.R. 571.213. AN INDIVIDUAL WHO 13 VIOLATES THIS SUBSECTION IS RESPONSIBLE FOR A CIVIL INFRACTION 14 AND LIABLE FOR A CIVIL FINE OF $250.00. AN INDIVIDUAL WHO VIO- 15 LATES THIS SUBSECTION A SECOND OR SUBSEQUENT TIME IS LIABLE FOR A 16 CIVIL FINE OF $600.00. 17 (9) A HEALTH CARE FACILITY SHALL PROVIDE AND DISCUSS INFOR- 18 MATION CONCERNING THE REQUIREMENTS OF THIS SECTION WITH A PARENT 19 OR OTHER PERSON TO WHOM A CHILD IS RELEASED AT OR BEFORE THE TIME 20 THE CHILD IS DISCHARGED. HOWEVER, THE HEALTH CARE FACILITY IS 21 NOT LIABLE FOR THE FAILURE OF THE PARENT OR OTHER PERSON TO WHOM 22 THE CHILD IS RELEASED TO USE A CHILD PASSENGER RESTRAINT SYSTEM. 23 (10) AS USED IN THIS SECTION: 24 (A) "CHILD PASSENGER RESTRAINT SYSTEM" MEANS A CHILD PASSEN- 25 GER RESTRAINT SYSTEM THAT MEETS OR EXCEEDS THE STANDARDS PRE- 26 SCRIBED IN 49 C.F.R. 571.213. 00805'99 5 1 (B) "HEALTH CARE FACILITY" MEANS HOSPITAL, CLINIC, OR 2 BIRTHING CENTER. 3 (C) "PARENT" MEANS PARENT, STEPPARENT, OR LEGAL GUARDIAN. 4 Sec. 710e. (1) This section shall DOES not apply to a 5 driver or passenger of: 6 (a) A motor vehicle manufactured before January 1, 1965. 7 (b) A bus. 8 (c) A motorcycle. 9 (d) A moped. 10 (e) A motor vehicle if the driver or passenger possesses a 11 written verification from a physician that the driver or passen- 12 ger is unable to wear a safety belt for physical or medical 13 reasons. 14 (f) A motor vehicle which THAT is not required to be 15 equipped with safety belts under federal law. 16 (g) A commercial or United States postal service vehicle 17 which THAT makes frequent stops for the purpose of pickup or 18 delivery of goods or services. 19 (h) A motor vehicle operated by a rural carrier of the 20 United States postal service while serving his or her rural 21 postal route. 22 (2) This section shall DOES not apply to a passenger of a 23 school bus. 24 (3) Each driver and front seat passenger of a motor vehicle 25 operated on a street or highway in this state shall wear a prop- 26 erly adjusted and fastened safety belt, except that a child less 00805'99 6 1 than 4 years of age shall be protected as required in THIS 2 SECTION AND section 710d. 3 (4) Each driver of a motor vehicle transporting a child 4 4 years of age or more but less than 16 years of age in a motor 5 vehicle shall secure the child in a properly adjusted and 6 fastened safety belt. If the motor vehicle is transporting more 7 children than there are safety belts available for use, all 8 safety belts available in the motor vehicle are being utilized in 9 compliance with this section, and the driver and all front seat 10 passengers comply with subsection (3), then the driver of a motor 11 vehicle transporting a child 4 years of age or more but less than 12 16 years of age for which there is not an available safety belt 13 is in compliance with this subsection, if that child is seated in 14 other than the front seat of the motor vehicle. However, if that 15 motor vehicle is a pickup truck without an extended cab or jump 16 seats, and all safety belts in the front seat are being used, the 17 driver may transport such a child in the front seat without a 18 safety belt. A PARENT WHO IS OPERATING OR RIDING IN A MOTOR 19 VEHICLE SHALL NOT PERMIT HIS OR HER CHILD TO RIDE IN THE MOTOR 20 VEHICLE UPON A HIGHWAY OF THIS STATE WITHOUT PROVIDING AND PROP- 21 ERLY USING CHILD SAFETY RESTRAINT IF THE CHILD IS EITHER OR BOTH 22 OF THE FOLLOWING: 23 (A) 4 OR MORE BUT LESS THAN 16 YEARS OF AGE. 24 (B) 40 OR MORE POUNDS IN WEIGHT. 25 (5) A DRIVER SHALL NOT TRANSPORT A CHILD IN A MOTOR VEHICLE 26 UPON A HIGHWAY IN THIS STATE WITHOUT PROVIDING AND PROPERLY USING 27 CHILD SAFETY RESTRAINT FOR THE CHILD, UNLESS THE PARENT OF THE 00805'99 7 1 CHILD IS ALSO PRESENT IN THE MOTOR VEHICLE AND IS NOT THE DRIVER, 2 IF THE CHILD IS EITHER OR BOTH OF THE FOLLOWING: 3 (A) 4 OR MORE BUT LESS THAN 16 YEARS OF AGE. 4 (B) 40 OR MORE POUNDS IN WEIGHT. 5 (6) (5) Enforcement of this section SUBSECTION (3) by 6 state or local law enforcement agencies shall be accomplished 7 only as a secondary action when a driver of a motor vehicle has 8 been detained for a suspected violation of another section of 9 this act. 10 (7) (6) Failure to wear a safety belt OR TO USE CHILD 11 SAFETY RESTRAINT in violation of this section may be considered 12 IS evidence of negligence and may reduce the recovery for damages 13 arising out of the ownership, maintenance, or operation of a 14 motor vehicle. However, such negligence shall not reduce the 15 recovery for damages by more than 5%. 16 (8) (7) A person who violates this section is responsible 17 for a civil infraction . AND IS LIABLE FOR THE FOLLOWING CIVIL 18 FINE: 19 (A) FOR A VIOLATION OF SUBSECTION (3), $25.00. 20 (B) FOR A VIOLATION OF SUBSECTION (4) OR (5), $50.00, EXCEPT 21 AS PROVIDED IN SUBSECTION (9). 22 (9) A PERSON WHO VIOLATES SUBSECTION (4) OR (5) A SECOND OR 23 SUBSEQUENT TIME IS LIABLE FOR A CIVIL FINE OF $100.00. 24 (10) (8) Points shall not be assessed under section 320a 25 for a violation of this section. 26 (11) AS USED IN THIS SECTION: 00805'99 8 1 (A) "CHILD SAFETY RESTRAINT" MEANS A CHILD SAFETY SEAT THAT 2 MEETS OR EXCEEDS FEDERAL MOTOR VEHICLE SAFETY STANDARDS FOR 3 CHILDREN WHO ARE 40 OR MORE POUNDS IN WEIGHT OR A PROPERLY 4 FASTENED SAFETY BELT, OR BOTH. 5 (B) "PARENT" MEANS PARENT, STEPPARENT, OR LEGAL GUARDIAN. 6 Sec. 907. (1) A violation of this act, or a local ordinance 7 substantially corresponding to a provision of this act, which 8 THAT is designated a civil infraction shall not be considered 9 IS NOT a lesser included offense of a criminal offense. 10 (2) If a person is determined pursuant to sections 741 to 11 750 to be responsible or responsible "with explanation" for a 12 civil infraction under this act or a local ordinance substan- 13 tially corresponding to a provision of this act, the judge, dis- 14 trict court referee, or district court magistrate may order the 15 person to pay a civil fine of not more than $100.00 and costs as 16 provided in subsection (4). However, for a violation of 17 section 674(1)(s) or a local ordinance substantially correspond- 18 ing to section 674(1)(s), the person shall be ordered to pay 19 costs as provided in subsection (4) and a civil fine of not less 20 than $50.00 or more than $100.00. For a violation of section 21 328, or 710d, the civil fine ordered under this subsection 22 shall not exceed $10.00. FOR A VIOLATION OF SECTION 710D(1) OR 23 (2), THE CIVIL FINE ORDERED UNDER THIS SUBSECTION SHALL BE 24 $100.00, UNLESS IT IS WAIVED PURSUANT TO SECTION 710D(4). FOR A 25 VIOLATION OF SECTION 710D(8), THE CIVIL FINE ORDERED UNDER THIS 26 SUBSECTION SHALL BE $250.00 FOR A FIRST OFFENSE OR $600.00 FOR A 27 SECOND OR SUBSEQUENT OFFENSE, AS APPROPRIATE. For a violation of 00805'99 9 1 section 710e 710E(3), the civil fine and court costs ordered 2 under this subsection shall be $25.00. FOR A VIOLATION OF SEC- 3 TION 710E(4) OR (5), THE CIVIL FINE ORDERED UNDER THIS SUBSECTION 4 SHALL BE $50.00 FOR A FIRST OFFENSE OR $100.00 FOR A SECOND OR 5 SUBSEQUENT OFFENSE, AS APPROPRIATE. For a violation of section 6 682 or a local ordinance substantially corresponding to section 7 682, the person shall be ordered to pay costs as provided in sub- 8 section (4) and a civil fine of not less than $100.00 or more 9 than $500.00. Permission may be granted for payment of a civil 10 fine and costs to be made within a specified period of time or in 11 specified installments, but unless permission is included in the 12 order or judgment, the civil fine and costs shall be payable 13 immediately. 14 (3) If a person is determined to be responsible or responsi- 15 ble "with explanation" for a civil infraction under this act or a 16 local ordinance substantially corresponding to a provision of 17 this act while driving a commercial motor vehicle, he or she 18 shall be ordered to pay costs as provided in subsection (4) and a 19 civil fine of not more than $250.00. 20 (4) If a civil fine is ordered to be paid under 21 subsection (2) or (3), the judge, district court referee, or dis- 22 trict court magistrate shall summarily tax and determine the 23 costs of the action, which shall not be limited to the costs tax- 24 able in ordinary civil actions, and may include all expenses, 25 direct and indirect, to which the plaintiff has been put in con- 26 nection with the civil infraction, up to the entry of judgment. 27 Except in a civil infraction for a parking violation, costs of 00805'99 10 1 not less than $5.00 shall be ordered. Costs shall not be ordered 2 in excess of $100.00. Except as otherwise provided by law, costs 3 shall be payable to the general fund of the plaintiff. 4 (5) In addition to a civil fine and costs ordered under 5 subsection (2) or (3) and subsection (4), the judge, district 6 court referee, or district court magistrate may order the person 7 to attend and complete a program of treatment, education, or 8 rehabilitation. 9 (6) A district court referee or district court magistrate 10 shall impose the sanctions permitted under subsections (2), (3), 11 and (5) only to the extent expressly authorized by the chief 12 judge or only judge of the district court district. 13 (7) Each district of the district court and each municipal 14 court may establish a schedule of civil fines and costs to be 15 imposed for civil infractions which THAT occur within the 16 respective district or city. If a schedule is established, it 17 shall be prominently posted and readily available for public 18 inspection. A schedule need not include INCLUDES all viola- 19 tions which THAT are designated by law or ordinance as civil 20 infractions. A schedule may exclude cases on the basis of a 21 defendant's prior record of civil infractions or traffic 22 offenses, or a combination of civil infractions and traffic 23 offenses. 24 (8) The state court administrator shall annually publish and 25 distribute to each district and court a recommended range of 26 civil fines and costs for first-time civil infractions. This 27 recommendation shall not be binding upon the courts having 00805'99 11 1 jurisdiction over civil infractions but is intended to act as a 2 normative guide for judges, district court referees, and district 3 court magistrates and a basis for public evaluation of dispari- 4 ties in the imposition of civil fines and costs throughout the 5 state. 6 (9) If a person has received a civil infraction citation for 7 defective safety equipment on a vehicle under section 683, the 8 court shall waive a civil fine and costs, upon receipt of certi- 9 fication by a law enforcement agency that repair of the defective 10 equipment was made before the appearance date on the citation. 11 (10) A default in the payment of a civil fine or costs 12 ordered under subsection (2), (3), or (4) or an installment of 13 the fine or costs may be collected by a means authorized for the 14 enforcement of a judgment under chapter 40 of the revised judica- 15 ture act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or under 16 chapter 60 of the revised judicature act of 1961, 1961 PA 236, 17 MCL 600.6001 to 600.6098. 18 (11) If a person fails to comply with an order or judgment 19 issued pursuant to this section, within the time prescribed by 20 the court, the driver's license of that person shall be suspended 21 pursuant to section 321a until full compliance with that order or 22 judgment occurs. In addition to this suspension, the court may 23 also proceed under section 908. 24 (12) The court shall waive any civil fine or cost against a 25 person who received a civil infraction citation for a violation 26 of section 710d if the person, before the appearance date on the 27 citation, supplies the court with evidence of acquisition, 00805'99 12 1 purchase, or rental of a child seating PASSENGER RESTRAINT 2 system meeting the requirements of section 710d. 3 (13) In addition to any fines and costs ordered to be paid 4 under this section, the judge, district court referee, or dis- 5 trict court magistrate shall levy an assessment of $5.00 for each 6 civil infraction determination, except for a parking violation or 7 a violation for which the total fine and costs imposed are $10.00 8 or less. Upon payment of the assessment, the clerk of the court 9 shall transmit the assessment levied to the state treasury to be 10 deposited into the Michigan justice training fund. An assessment 11 levied under this subsection shall not be considered a civil fine 12 for purposes of section 909. 13 (14) If a person has received a citation for a violation of 14 section 223, the court shall waive any fine and costs, upon 15 receipt of certification by a law enforcement agency that the 16 person, before the appearance date on the citation, produced a 17 valid registration certificate that was valid on the date the 18 violation of section 223 occurred. 00805'99 Final page. TLG