SENATE BILL No. 119

February 6, 2001, Introduced by Senators BENNETT, MC MANUS, MC COTTER,

DUNASKISS and STEIL and referred to the Committee on Judiciary.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 675 (MCL 257.675), as amended by 1999 PA 34.

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.

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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

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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. Traffic control orders, so

4 long as they affect parking upon a state trunk line highway

5 within the corporate limits of a home rule city, are considered

6 "rules" within the meaning of the administrative procedures act

7 of 1969, 1969 PA 306, MCL 24.201 to 24.328, and upon application

8 for a hearing by a home rule city, the proceedings before the

9 state transportation commission shall be considered a "contested

10 case" within the meaning of that act.

11 (5) A disabled person may apply, on a form prescribed by the

12 secretary of state, for a serially numbered nontransferable tem-

13 porary or permanent windshield placard for the personal use of

14 the disabled person. An individual who has a religious objection

15 to having a medical examination by a physician may personally

16 apply at a branch office of the secretary of state for a serially

17 numbered nontransferable temporary or permanent windshield plac-

18 ard for the personal use of the disabled individual. If it

19 appears obvious that the individual has a qualifying disability,

20 the individual shall not be required to present a medical state-

21 ment attesting to the disability. The application for and the

22 issuance of the serially numbered nontransferable temporary or

23 permanent windshield placard is subject to all of the following:

24 (a) The secretary of state may issue to a disabled person

25 with a temporary disability a temporary windshield placard that

26 is valid for a period of not more than 6 months.

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1 (b) The secretary of state may issue to a disabled person

2 with a permanent disability an original or renewal permanent

3 windshield placard that is valid for at least 4 years.

4 (c) An original certificate of identification or permanent

5 windshield placard shall expire on the disabled person's fifth

6 birthday after the date of issuance.

7 (d) A renewal permanent windshield placard shall expire on

8 the disabled person's fourth birthday after the date of renewal.

9 (e) A person holding a certificate of identification or per-

10 manent windshield placard at any time within 45 days before the

11 expiration of his or her certificate or placard may make applica-

12 tion for a new or renewal placard as provided for in this

13 section. However, if the person will be out of state during the

14 45 days immediately preceding expiration of the certificate or

15 placard or for other good cause shown cannot apply for a placard

16 within the 45-day period, application for a new or renewal plac-

17 ard may be made not more than 6 months before expiration of the

18 certificate or placard. A placard issued or renewed under this

19 subdivision shall expire as provided for in this subsection.

20 (f) Upon application in the manner prescribed by the secre-

21 tary of state for replacement of a lost, stolen, or destroyed

22 certificate or placard described in this section, a disabled

23 person or organization that provides specialized services to dis-

24 abled persons may be issued a placard that in substance dupli-

25 cates the original certificate or placard for a fee of $10.00.

26 (g) A certificate or placard described in this section may

27 be used by a person other than the disabled person for the sole

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1 purpose of transporting the disabled person. An organization

2 that provides specialized services to disabled persons may apply

3 for and receive a permanent windshield placard to be used in any

4 motor vehicle actually transporting a disabled person. If the

5 organization ceases to transport disabled persons, the placard

6 shall be returned to the secretary of state for cancellation and

7 destruction.

8 (6) A disabled person with a certificate of identification,

9 windshield placard, special registration plates issued under sec-

10 tion 803d, a special registration plate issued under section 803f

11 that has a tab for persons with disabilities attached, a certifi-

12 cate of identification or windshield placard from another state,

13 or special registration plates from another state issued for per-

14 sons with disabilities is entitled to courtesy in the parking of

15 a vehicle. The courtesy shall relieve the disabled person or the

16 person transporting the disabled person from liability for a vio-

17 lation with respect to parking, other than in violation of this

18 act. A local authority may by ordinance prohibit parking on a

19 street or highway to create a fire lane or to provide for the

20 accommodation of heavy traffic during morning and afternoon rush

21 hours, and the privileges extending to veterans and physically

22 disabled persons under this subsection do not supersede that

23 ordinance.

24 (7) An application for an initial free parking sticker shall

25 contain a certification by a physician licensed to practice in

26 this state attesting to the nature and estimated duration of the

27 applicant's disabling condition and verifying that the applicant

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1 qualifies for a free parking sticker. An individual who has a

2 religious objection to having a medical examination by a physi-

3 cian may personally apply at a branch office of the secretary of

4 state for an initial free parking sticker. If it appears obvious

5 that the individual is unable to do 1 or more of the acts listed

6 in subdivisions (a) to (d), the individual shall not be required

7 to present a certification by a physician attesting to the nature

8 and estimated duration of the applicant's disabling condition or

9 verifying that the applicant qualifies for a free parking

10 sticker. The applicant qualifies for a free parking sticker if

11 the applicant is a licensed driver and the physician certifies

12 or, if an individual is not required to have a certification by a

13 physician, it is obvious that the applicant is unable to do 1 or

14 more of the following:

15 (a) Manage, manipulate, or insert coins, or obtain tickets

16 or tokens in parking meters or ticket machines in parking lots or

17 parking structures, due to the lack of fine motor control of both

18 hands.

19 (b) Reach above his or her head to a height of 42 inches

20 from the ground, due to a lack of finger, hand, or upper extrem-

21 ity strength or mobility.

22 (c) Approach a parking meter due to his or her use of a

23 wheelchair or other device.

24 (d) Walk more than 20 feet due to an orthopedic, neurolo-

25 gical, cardiovascular, or lung condition in which the degree of

26 debilitation is so severe that it almost completely impedes the

27 ability to walk.

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1 (8) To be entitled to free parking in a metered space or in

2 a publicly owned parking structure or area, a vehicle must prop-

3 erly display 1 of the following:

4 (a) A windshield placard bearing a free parking sticker

5 issued pursuant to this act.

6 (b) A valid certificate of identification issued before the

7 effective date of this act.

8 (c) A valid windshield placard issued by another state.

9 (d) A certificate of identification issued by another

10 state.

11 (e) A license plate for persons with disabilities issued by

12 another state.

13 (f) A special registration plate with a tab for persons with

14 disabilities attached issued by another state.

15 (9) A vehicle that does not properly display 1 of the items

16 listed in subsection (8) is not entitled to free parking in a

17 metered parking space or in a publicly owned parking area or

18 structure, and the disabled person or vehicle operator shall pay

19 all parking fees and may be responsible for a civil infraction.

20 (10) Blindness that is not accompanied by an incapacity

21 described in subsection (7) does not entitle a person to a free

22 parking sticker.

23 (11) The secretary of state shall attach a free parking

24 sticker, in contrasting colors, to the windshield placard of a

25 person certified as having an incapacity described in subsection

26 (7).

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1 (12) A windshield placard issued under this section shall be

2 displayed on the interior rearview mirror of the vehicle or, if

3 there is no interior rearview mirror, on the lower left corner of

4 the dashboard while the vehicle is parked or being parked by or

5 under the direction of a disabled person pursuant to this

6 section.

7 (13) A certificate of identification issued before February

8 11, 1992 shall be displayed on the lower left corner of the dash-

9 board of the parked vehicle.

10 (14) Upon conviction of an offense involving a violation of

11 the special privileges conferred upon a holder of a certificate

12 of identification, windshield placard, or free parking sticker, a

13 magistrate or judge trying the case, as a part of any penalty

14 imposed, may confiscate the serially numbered certificate of

15 identification, windshield placard, or free parking sticker and

16 return the confiscated item or items to the secretary of state

17 together with a certified copy of the sentence imposed. Upon

18 receipt of a certificate of identification, windshield placard,

19 or free parking sticker from a judge or magistrate, the secretary

20 of state shall cancel and destroy the certificate, placard, or

21 sticker, and the disabled person to whom it was issued shall not

22 receive another certificate, placard, or sticker until he or she

23 submits a completed application and presents a current medical

24 statement attesting to his or her condition. A law enforcement

25 officer who observes a misuse of a certificate of identification,

26 windshield placard, or free parking sticker may immediately

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1 confiscate the certificate, placard, or sticker and forward it

2 with a copy of his or her report to the secretary of state.

3 (15) A person who intentionally makes a false statement of

4 material fact or commits or attempts to commit a deception or

5 fraud on a medical statement attesting to a disability, submitted

6 in support of an application for a certificate of identification,

7 windshield placard, free parking sticker, special registration

8 plate, or tab for persons with disabilities under this section,

9 section 803d, or section 803f, is guilty of a misdemeanor, pun-

10 ishable by a fine of not more than $500.00 or imprisonment for

11 not more than 30 days, or both.

12 (16) A person who commits or attempts to commit a deception

13 or fraud by 1 or more of the following methods is guilty of a

14 misdemeanor punishable by a fine of not more than $500.00 or

15 imprisonment for not more than 30 days, or both:

16 (a) Using a certificate of identification, windshield plac-

17 ard, or free parking sticker issued under this section or by

18 another state to provide transportation to a disabled person,

19 when the person is not providing transportation to a disabled

20 person.

21 (b) Altering, modifying, or selling a certificate of identi-

22 fication, windshield placard, or free parking sticker issued

23 under this section or by another state.

24 (c) Copying or forging a certificate of identification,

25 windshield placard, or free parking sticker described in this

26 section or selling a copied or forged certificate, placard, or

27 sticker described in this section. In the case of a violation of

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1 this subdivision, the fine described in this subsection shall be

2 not less than $250.00.

3 (d) Using a copied or forged certificate of identification,

4 windshield placard, or free parking sticker described in this

5 section.

6 (e) Making a false statement of material fact to obtain or

7 assist an individual in obtaining a certificate, placard, or

8 sticker described in this section, a special registration plate

9 under section 803d, or a tab for persons with disabilities under

10 section 803f.

11 (f) Knowingly using or displaying a certificate, placard, or

12 sticker described in this section that has been canceled by the

13 secretary of state.

14 (17) Except as otherwise provided in this section, a person

15 who violates this section is responsible for a civil infraction.

16 (18) A certificate of identification issued before

17 October 1, 1994 and containing an expiration date is valid for

18 free parking in a space controlled or regulated by a meter on a

19 public highway or in a publicly owned parking area or structure

20 when the time for parking indicated on the meter has expired, or

21 in a parking space clearly identified by an official sign as

22 being reserved for use by disabled persons that is on public

23 property or private property available for public use, until the

24 expiration date printed on the certificate. The certificate

25 expires and shall be canceled on its expiration date.

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1 (19) A certificate of identification issued before the

2 effective date of this act that does not contain an expiration

3 date expires and shall be canceled on October 1, 1994.

4 (20) A certificate of identification shall not be issued or

5 renewed by the secretary of state after October 1, 1994.

6 (21) The secretary of state may cancel, revoke, or suspend a

7 windshield placard, free parking sticker, or certificate of iden-

8 tification under any of the following circumstances:

9 (a) The secretary of state determines that a windshield

10 placard, free parking sticker, or certificate of identification

11 was fraudulently or erroneously issued.

12 (b) The secretary of state determines that a person has made

13 or is making an unlawful use of his or her windshield placard,

14 free parking sticker, or certificate of identification.

15 (c) The secretary of state determines that a check or draft

16 used to pay the required fee is not paid on its first presenta-

17 tion and is not paid upon reasonable notice or demand or that the

18 required fee is paid by an invalid credit card.

19 (d) The secretary of state determines that the person is no

20 longer eligible to receive or use a windshield placard, free

21 parking sticker, or certificate of identification.

22 (e) The secretary of state determines that the owner has

23 committed an offense under this act involving a windshield plac-

24 ard, free parking sticker, or certificate of identification.

25 (f) A person has violated this act and the secretary of

26 state is authorized under this act to cancel, revoke, or suspend

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1 a windshield placard, free parking sticker, or certificate of

2 identification for that violation.

3 (g) The secretary of state receives notice from another

4 state or foreign country that a windshield placard, free parking

5 sticker, or certificate of identification issued by the secretary

6 of state has been surrendered by the owner or seized in con-

7 formity with the laws of that other state or foreign country, or

8 has been improperly used or displayed in violation of the laws of

9 that other state or foreign country.

10 (22) Before a cancellation, revocation, or suspension under

11 subsection (21), the person affected thereby shall be given

12 notice and an opportunity to be heard.

13 (23) A windshield placard issued to a disabled person shall

14 bear NOT CONTAIN ON ITS FACE the disabled person's driver's

15 OPERATOR'S or chauffeur's license number, or the number on his

16 or her official state personal identification card issued under

17 1972 PA 222, MCL 28.291 to 28.300, OR HIS OR HER SOCIAL SECURITY

18 NUMBER.

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