April 28, 2005, Introduced by Reps. Mortimer, Ward, Gaffney, Rocca, Green, Elsenheimer, Moore, Garfield, Amos, Hummel, Farrah, Dillon, Lipsey, Condino, Tobocman, Hunter, Mayes, Donigan, Byrnes, Angerer and Hoogendyk and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 217d, 226, 312a, 314, 675, 803e, 803f, 803i,
803j, 803k, 803l, 803n, and 803o (MCL 257.217d, 257.226, 257.312a,
257.314, 257.675, 257.803e, 257.803f, 257.803i, 257.803j, 257.803k,
257.803l, 257.803n, and 257.803o), section 217d as amended by 2003
PA 152, section 226 as amended by 2004 PA 163, section 314 as
amended by 2004 PA 362, section 675 as amended by 2004 PA 151,
section 803e as amended by 2003 PA 30, sections 803f and 803i as
amended by 1998 PA 68, sections 803j, 803k, 803n, and 803o as
amended by 1999 PA 183, and section 803l as amended by 2000 PA 77.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 217d. (1) The secretary of state shall design and may
issue a special congressional medal of honor registration plate for
residents of this state awarded the congressional medal of honor.
(2) A special congressional medal of honor registration plate
shall be issued only for 1 vehicle intended for personal use by the
applicant.
(3) A person who is a recipient of the congressional medal of
honor may apply to the secretary of state for a special
registration plate under this section on a form prescribed by the
secretary of state, which shall be accompanied by any proof of the
applicant having been a congressional medal of honor recipient that
the secretary of state may require. The secretary of state shall
waive the $5.00 service fee requirement under section 804.
(4) A person who qualifies to be issued a special registration
plate under this section is entitled to only 1 special registration
plate issued under subsection (1) that is exempt from payment of
the tax provided in section 801.
(5) A person with disabilities who applies for a special
registration plate under this section shall be issued a tab for
persons with disabilities as provided in section 803f for his or
her special registration plate. The secretary of state shall
require the same proof that the applicant is disabled as is
required for issuance of a permanent windshield placard under
section 675.
(6) A special registration plate issued under subsection (1)
expires
on the birthday last day
of the birth month of the
vehicle owner in a year in which new plates are issued by the
secretary of state.
(7) The secretary of state shall deliver or cause to be
delivered 1 or more special registration plates issued under this
section to the home address of the applicant at no additional cost
to the applicant.
(8) The secretary of state shall develop and, upon
application, may issue a Michigan veterans memorial registration
plate to an applicant for use on the passenger motor vehicle,
pickup truck, van, motor home, hearse, bus, trailer coach, or
trailer for which the registration plate is issued instead of a
standard registration plate. Michigan veterans memorial
registration plates shall bear letters and numbers that the
secretary of state prescribes. The plate shall be of a design as
determined by the secretary of state. The word "Michigan" shall
appear on each Michigan veterans memorial registration plate.
(9) An application for a Michigan veterans memorial
registration plate shall be submitted to the secretary of state
pursuant to the procedures prescribed in section 217. Application
for an original or renewal Michigan veterans memorial registration
plate
shall be accompanied with payment of the regular vehicle
registration tax required under section 801 in addition to the
following:
(a) For an original Michigan veterans memorial registration
plate, a donation of $25.00 and a service fee of not more than
$10.00, as determined by the secretary of state. The $10.00 service
fee shall be deposited in the transportation administration
collection fund created under section 810b.
(b) For a renewal Michigan veterans memorial registration
plate, a donation of $10.00.
(10) A Michigan veterans memorial registration plate shall
expire as described in section 226. Upon the issuance or renewal of
a Michigan veterans memorial registration plate, the secretary of
state may issue a tab or tabs designating the month and year of
expiration.
(11) The secretary of state may issue a temporary registration
permit to a person who submits an application and the proper
payments for a Michigan veterans memorial registration plate if the
applicant's current vehicle registration will expire before his or
her receipt of a Michigan veterans memorial registration plate. The
temporary registration shall expire upon receipt of a Michigan
veterans memorial registration plate or 60 days after the issuance
of a Michigan veterans memorial registration plate, whichever
occurs first. The temporary permit shall be issued without a
separate fee.
(12) Michigan veterans memorial registration plate service
fees collected under this section by the secretary of state shall
be identified and segregated by the secretary of state into a
separate account. The secretary of state shall on a quarterly basis
transfer all of the donations to the state treasurer who shall
credit the donations to the Vietnam veterans memorial monument fund
created in section 3 of the Michigan Vietnam veterans memorial act,
1988 PA 234, MCL 35.1053. These donations shall be used exclusively
for the purposes described in sections 5 and 7 of the Michigan
Vietnam veterans memorial act, 1988 PA 234, MCL 35.1055 and
35.1057.
(13) For purposes of this section, "Michigan veterans memorial
registration plate" means a registration plate containing a
specialized design pertaining to Michigan veterans.
Sec. 226. (1) A vehicle registration issued by the secretary
of
state expires on the last day of
the owner's birthday
birth
month, unless another expiration date is provided for under this
act or unless the registration is for the following vehicles, in
which case registration expires on the last day of February:
(a) A commercial vehicle except for a commercial vehicle
issued a registration under the international registration plan or
a pickup truck or van owned by an individual.
(b) Except for a trailer or semitrailer issued a registration
under the international registration plan, a trailer or semitrailer
owned by a business, corporation, or person other than an
individual; or a pole trailer.
(2) Until February 1, 2005, the expiration date for a
registration issued for a motorcycle is March 31. Beginning
February 1, 2005, the expiration date for a registration issued for
a motorcycle is the motorcycle owner's birthday.
(3) The expiration date for a registration bearing the letters
"SEN" or "REP" is February 1.
(4) In the case of a vehicle owned by a business, corporation,
or an owner other than an individual, the secretary of state may
assign or reassign the expiration date of the registration.
(5) The secretary of state shall do all of the following:
(a) After the October 1 immediately preceding the year
designated on the registration, issue a registration upon
application and payment of the proper fee for a commercial vehicle,
other than a pickup or van owned by an individual; or a trailer
owned by a business, corporation, or person other than an
individual.
(b) Beginning 60 days before the expiration date assigned on
an international registration plan registration plate, issue a
registration under section 801g upon application and payment of the
proper apportioned fee for a commercial vehicle engaged in
interstate commerce.
(c) Beginning 45 days before the owner's birthday and 120 days
before the expiration date assigned by the secretary of state,
issue a registration for a vehicle other than those designated in
subsection (1)(a) or (b). However, if an owner whose registration
period begins 45 days before his or her birthday will be out of the
state during the 45 days immediately preceding expiration of a
registration or for other good cause shown cannot apply for a
renewal registration within the 45-day period, application for a
renewal registration may be made not more than 6 months before
expiration.
(6) Except as otherwise provided in this subsection, the
secretary of state, upon application and payment of the proper fee,
shall issue a registration for a vehicle or a motorcycle to a
resident
that shall expire on the last day
of the owner's birthday
birth month. If the owner's next birthday is at least 6 months but
not more than 12 months in the future, the owner shall receive a
registration
valid until the last day of the owner's next
birthday
birth month. If the owner's next birthday is less than 6 months in
the future, the owner shall receive a registration valid until the
last
day of the owner's birthday
birth month following the
owner's
next birthday birth month. The tax
required under this
act for a registration described in this subsection shall be either
of the following:
(a) For an original registration, the tax shall bear the same
relationship to the tax required under section 801 for a 12-month
registration as the length of the registration bears to 12 months.
(b) For a renewal of a registration, either of the following:
(i) For a registration that is for at least 6 months but not
more than 12 months, the same amount as for 12 months.
(ii) For a renewal of a registration that is for more than 12
months, 2 times the amount for 12 months.
Partial months shall be considered as whole months in the
calculation of the required tax and in the determination of the
length of time between the application for a registration and the
last
day of the owner's next birthday
birth month. The tax
required for that registration shall be rounded off to whole
dollars as provided in section 801.
(7) A certificate of title shall remain valid until canceled
by the secretary of state for cause or upon a transfer of an
interest shown on the certificate of title.
(8) The secretary of state, upon request, shall issue special
registration for commercial vehicles, valid for 6 months after the
date of issue, if the full registration fee exceeds $50.00, on the
payment of 1/2 the full registration fee and a service charge as
enumerated in section 802(1).
(9) The secretary of state may issue a special registration
for each of the following:
(a) A new vehicle purchased or leased outside of this state
and delivered in this state to the purchaser or lessee by the
manufacturer of that vehicle for removal to a place outside of this
state, if a certification is made that the vehicle will be
primarily used, stored, and registered outside of this state and
will not be returned to this state by the purchaser or lessee for
use or storage.
(b) A vehicle purchased or leased in this state and delivered
to the purchaser or lessee by a dealer or by the owner of the
vehicle for removal to a place outside of this state, if a
certification is made that the vehicle will be primarily used,
stored, and registered outside of this state and will not be
returned to this state by the purchaser or lessee for use or
storage.
(10) A special registration issued under subsection (9) is
valid for not more than 14 days after the date of issuance, and a
fee shall be collected for each special registration as provided in
section 802(3). The special registration may be in the form
determined by the secretary of state. If a dealer makes a retail
sale or lease of a vehicle to a purchaser or lessee who is
qualified and eligible to obtain a special registration, the dealer
shall apply for the special registration for the purchaser or
lessee. If a person other than a dealer sells or leases a vehicle
to a purchaser or lessee who is qualified and eligible to obtain a
special registration, the purchaser or lessee shall appear in
person, or by a person exercising the purchaser's or lessee's power
of attorney, at an office of the secretary of state and furnish a
certification that the person is the bona fide purchaser or lessee
or that the person has granted the power of attorney, together with
other forms required for the issuance of the special registration
and provide the secretary of state with proof that the vehicle is
covered by a Michigan no-fault insurance policy issued pursuant to
section 3101 of the insurance code of 1956, 1956 PA 218, MCL
500.3101, or proof that the vehicle is covered by a policy of
insurance issued by an insurer pursuant to section 3163 of the
insurance code of 1956, 1956 PA 218, MCL 500.3163. The
certification required in this subsection shall contain all of the
following:
(a) The address of the purchaser or lessee.
(b) A statement that the vehicle is purchased or leased for
registration outside of this state.
(c) A statement that the vehicle shall be primarily used,
stored, and registered outside of this state.
(d) The name of the jurisdiction in which the vehicle is to be
registered.
(e) Other information requested by the secretary of state.
(11) Upon request, the secretary of state may issue a
registration valid for 6 months after the date of issuance for use
on a trailer or semitrailer weighing 1,500 pounds or less and that
is used for recreational purposes, upon payment of 1/2 the full
registration fee imposed under section 801(1)(l). This subsection
does not apply after October 1, 2003.
(12) In the case of a commercial vehicle, trailer, or
semitrailer issued a registration under the international
registration plan, the secretary of state in mutual agreement with
the owner may assign or reassign the expiration date of the
registration. However, the expiration date agreed to shall be
either March 31, June 30, September 30, or December 31. Renewals
expiring on or after September 30, 1993 shall be for a minimum of
at least 12 months if there is a change in the established
expiration date.
(13) The expiration date for a multiyear registration issued
for a leased vehicle shall be the date the lease expires but shall
not be for a period longer than 24 months.
Sec. 312a. (1) A person, before operating a motorcycle upon a
public street or highway in this state, shall procure a motorcycle
indorsement on the operator's or chauffeur's license. The license
shall be issued, suspended, revoked, canceled, or renewed in
accordance with and governed by this act.
(2) A person, before operating a moped upon a highway shall
procure a special restricted license to operate a moped unless the
person has a valid operator's or chauffeur's license. A special
restricted license to operate a moped may be issued to a person 15
years of age or older if the person satisfies the secretary of
state that he is competent to operate a moped with safety. The
secretary of state shall not require a road test before issuance of
a special restricted license to operate a moped.
(3) A special restricted license to operate a moped shall
expire
on the birthday last day
of the birth month of the person
to whom it is issued in the fourth year following the date of
issuance. A license shall not be issued for a period longer than 4
years. A person issued a license to operate a moped shall pay $7.50
for an original license and $6.00 for a renewal license. The money
received and collected under this subsection shall be deposited in
the state treasury to the credit of the general fund. The secretary
of state shall refund out of the fees collected to each county or
municipality, acting as an examining officer, $2.50 for each
applicant examined for an original license and $1.00 for a renewal
license.
Sec. 314. (1) Except as otherwise provided in this section, an
operator's
license shall expire on the birthday last day of the
birth month of the person to whom the license is issued in the
fourth year following the date of the issuance of the license
unless suspended or revoked before that date. A license shall not
be issued for a period longer than 4 years. A person holding a
license at any time within 45 days before the expiration of his or
her license may make application for a new license as provided for
in this chapter. However, a knowledge test for an original group
designation or indorsement may be taken at any time during this
period and the results shall be valid for 12 months. However, if
the licensee will be out of the state during the 45 days
immediately preceding expiration of the license or for other good
cause shown cannot apply for a license within the 45-day period,
application for a new license may be made not more than 6 months
before expiration of the license. This new license when granted
shall expire as provided for in this chapter.
(2) The first operator's license issued to a person who at the
time of application is less than 20-1/2 years of age shall expire
on the last day of the month of the licensee's twenty-first
birthday unless suspended or revoked. Until July 1, 2003, the
secretary of state shall code the license in a manner which clearly
identifies the licensee as being less than 21 years of age.
(3) The first chauffeur's license issued to a person shall
expire on the licensee's birthday in the fourth year following the
date of issuance unless the license is suspended or revoked before
that date. The chauffeur's license of a person who at the time of
application is less than 20-1/2 years of age shall expire on the
last day of the month of the licensee's twenty-first birthday
unless suspended or revoked. Until July 1, 2003, the secretary of
state shall code the license in a manner which clearly identifies
the licensee as being less than 21 years of age. A subsequent
chauffeur's
license shall expire on the birthday last day of the
birth month of the person to whom the license is issued in the
fourth year following the date of issuance of the license unless
the license is suspended or revoked before that date.
(4) A person may apply for an extension of his or her driving
privileges if he or she is out of state on the date that his or her
operator's or chauffeur's license expires. The extension may extend
the license for 180 days beyond the expiration date or within 2
weeks after the applicant returns to Michigan, whichever occurs
first.
(5) A person who will be out of state for more than 90 days
beyond the expiration date of his or her operator's license may
apply for a 4-year renewal of his or her driving privileges. The
applicant for this renewal shall submit a statement evidencing a
vision examination in accordance with the rules promulgated by the
secretary of state under section 309.
(6) The secretary of state may check the applicant's driving
record through the national driver register and the commercial
driver license information system before issuing a renewal under
this section.
Sec. 314b. (1) The secretary of state may issue a 2-year
license
which shall expire on the birthday last day of the birth
month of the person to whom it is issued when a licensed driver is
charged in the 24 months immediately preceding the expiration date
of that person's current license with a total of 12 or more points
as provided in section 320a, or has his or her license suspended or
revoked for a reason other than those provided in section 321a,
515, or 801c in the 36 months immediately preceding the expiration
date of his or her current license, or was convicted of any 6-point
violation as provided in section 320a or a violation of section
625(3) or former section 625b in the 36 months immediately
preceding the expiration date of his or her current license.
(2) A person issued a 2-year license shall pay the following
fees:
Operator's license renewal......................... $ 6.00
Chauffeur's license renewal........................ 10.00
Motorcycle indorsement original.................... 6.00
Motorcycle indorsement renewal..................... 5.00
Vehicle group designation.......................... 20.00
Vehicle indorsement ............................... 5.00
(3) Two dollars of each renewal motorcycle indorsement fee
shall be placed in a motorcycle safety fund in the state treasury
and shall be used only for funding the motorcycle safety education
program as provided under sections 312b and 811a.
Sec. 675. (1) Except as otherwise provided in this section and
this chapter, a vehicle stopped or parked upon a highway or street
shall be stopped or parked with the wheels of the vehicle parallel
to the roadway and within 12 inches of any curb existing at the
right of the vehicle.
(2) A local authority may by ordinance permit parking of a
vehicle on a 1-way roadway with the vehicle's left wheels adjacent
to and within 12 inches of any curb existing at the left of the
vehicle.
(3) A local authority may by ordinance permit angle parking on
a roadway, except that angle parking shall not be permitted on a
state trunk line highway.
(4) The state transportation commission with respect to state
trunk line highways and the board of county road commissioners with
respect to county roads, acting jointly with the director of the
department of state police, may place signs prohibiting or
restricting the stopping, standing, or parking of vehicles on a
highway where in the opinion of the officials as determined by an
engineering survey, the stopping, standing, or parking is dangerous
to those using the highway or where the stopping, standing, or
parking of vehicles would unduly interfere with the free movement
of traffic on the highway or street. The signs shall be official
signs and a person shall not stop, stand, or park a vehicle in
violation of the restrictions stated on the signs. The signs shall
be installed only after a proper traffic order is filed with the
county clerk. Upon the application to the state transportation
commission by a home rule city affected by an order, opportunity
shall be given to the city for a hearing before the state
transportation commission, pursuant to the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, except
when an ordinance of the home rule city prohibits or restricts the
parking of vehicles on a state trunk line highway; when the home
rule city, by lawfully authorized official action, requests the
state transportation department to prohibit or restrict parking on
a state trunk line highway; or when the home rule city enters into
a construction agreement with the state transportation department
providing for the prohibition or restriction of parking on a state
trunk line highway during or after the period of construction.
Traffic control orders, so long as they affect parking upon a state
trunk line highway within the corporate limits of a home rule city,
are considered "rules" within the meaning of the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and upon
application for a hearing by a home rule city, the proceedings
before the state transportation commission shall be considered a
"contested case" within the meaning of that act.
(5) A disabled person may apply, on a form prescribed by the
secretary of state, for a serially numbered nontransferable
temporary or permanent windshield placard for the personal use of
the disabled person. An individual who has a religious objection to
having a medical examination may personally apply at a branch
office of the secretary of state for a serially numbered
nontransferable temporary or permanent windshield placard for the
personal use of the disabled individual. If it appears obvious that
the individual has a qualifying disability, the individual shall
not be required to present a medical statement attesting to the
disability. The application for and the issuance of the serially
numbered nontransferable temporary or permanent windshield placard
is subject to all of the following:
(a) The secretary of state may issue to a disabled person with
a temporary disability a temporary windshield placard that is valid
for a period of not more than 6 months.
(b) The secretary of state may issue to a disabled person with
a permanent disability an original or renewal permanent windshield
placard that is valid for at least 4 years.
(c) An original certificate of identification or permanent
windshield placard shall expire on the last day of the month of the
disabled person's fifth birthday after the date of issuance.
(d) A renewal permanent windshield placard shall expire on the
last day of the month of the disabled person's fourth birthday
after the date of renewal.
(e) A person holding a certificate of identification or
permanent windshield placard at any time within 45 days before the
expiration of his or her certificate or placard may make
application for a new or renewal placard as provided for in this
section. However, if the person will be out of state during the 45
days immediately preceding expiration of the certificate or placard
or for other good cause shown cannot apply for a placard within the
45-day period, application for a new or renewal placard may be made
not more than 6 months before expiration of the certificate or
placard. A placard issued or renewed under this subdivision shall
expire as provided for in this subsection.
(f) Upon application in the manner prescribed by the secretary
of state for replacement of a lost, stolen, or destroyed
certificate or placard described in this section, a disabled person
or organization that provides specialized services to disabled
persons may be issued a placard that in substance duplicates the
original certificate or placard for a fee of $10.00.
(g) A certificate or placard described in this section may be
used by a person other than the disabled person for the sole
purpose of transporting the disabled person. An organization that
provides specialized services to disabled persons may apply for and
receive a permanent windshield placard to be used in any motor
vehicle actually transporting a disabled person. If the
organization ceases to transport disabled persons, the placard
shall be returned to the secretary of state for cancellation and
destruction.
(6) A disabled person with a certificate of identification,
windshield placard, special registration plates issued under
section 803d, a special registration plate issued under section
803f that has a tab for persons with disabilities attached, a
certificate of identification or windshield placard from another
state, or special registration plates from another state issued for
persons with disabilities is entitled to courtesy in the parking of
a vehicle. The courtesy shall relieve the disabled person or the
person transporting the disabled person from liability for a
violation with respect to parking, other than in violation of this
act. A local authority may by ordinance prohibit parking on a
street or highway to create a fire lane or to provide for the
accommodation of heavy traffic during morning and afternoon rush
hours, and the privileges extending to veterans and physically
disabled persons under this subsection do not supersede that
ordinance.
(7) Except as otherwise provided in subsection (24), an
application for an initial free parking sticker shall contain a
certification by a physician, physician assistant, or certified
nurse practitioner licensed to practice in this state attesting to
the nature and estimated duration of the applicant's disabling
condition and verifying that the applicant qualifies for a free
parking sticker. An individual who has a religious objection to
having a medical examination may personally apply at a branch
office of the secretary of state for an initial free parking
sticker. If it appears obvious that the individual is unable to do
1 or more of the acts listed in subdivisions (a) to (d), the
individual shall not be required to present a certification by a
physician, a physician assistant, or a certified nurse practitioner
attesting to the nature and estimated duration of the applicant's
disabling condition or verifying that the applicant qualifies for a
free parking sticker. The applicant qualifies for a free parking
sticker if the applicant is a licensed driver and the physician,
physician assistant, or certified nurse practitioner certifies or,
if an individual is not required to have a certification by a
physician, a physician assistant, or a certified nurse
practitioner, it is obvious that the applicant is unable to do 1 or
more of the following:
(a) Manage, manipulate, or insert coins, or obtain tickets or
tokens in parking meters or ticket machines in parking lots or
parking structures, due to the lack of fine motor control of both
hands.
(b) Reach above his or her head to a height of 42 inches from
the ground, due to a lack of finger, hand, or upper extremity
strength or mobility.
(c) Approach a parking meter due to his or her use of a
wheelchair or other device.
(d) Walk more than 20 feet due to an orthopedic, neurological,
cardiovascular, or lung condition in which the degree of
debilitation is so severe that it almost completely impedes the
ability to walk.
(8) To be entitled to free parking in a metered space or in a
publicly owned parking structure or area, a vehicle must properly
display 1 of the following:
(a) A windshield placard bearing a free parking sticker issued
pursuant to this act.
(b) A valid certificate of identification issued before
October 1, 1994.
(c) A valid windshield placard issued by another state.
(d) A certificate of identification issued by another state.
(e) A license plate for persons with disabilities issued by
another state.
(f) A special registration plate with a tab for persons with
disabilities attached issued by another state.
(9) A vehicle that does not properly display 1 of the items
listed in subsection (8) is not entitled to free parking in a
metered parking space or in a publicly owned parking area or
structure, and the disabled person or vehicle operator shall pay
all parking fees and may be responsible for a civil infraction.
(10) Blindness that is not accompanied by an incapacity
described in subsection (7) does not entitle a person to a free
parking sticker.
(11) The secretary of state shall attach a free parking
sticker, in contrasting colors, to the windshield placard of a
person certified as having an incapacity described in subsection
(7).
(12) A windshield placard issued under this section shall be
displayed on the interior rearview mirror of the vehicle or, if
there is no interior rearview mirror, on the lower left corner of
the dashboard while the vehicle is parked or being parked by or
under the direction of a disabled person pursuant to this section.
(13) A certificate of identification issued before February
11, 1992 shall be displayed on the lower left corner of the
dashboard of the parked vehicle.
(14) Upon conviction of an offense involving a violation of
the special privileges conferred upon a holder of a certificate of
identification, windshield placard, or free parking sticker, a
magistrate or judge trying the case, as a part of any penalty
imposed, may confiscate the serially numbered certificate of
identification, windshield placard, or free parking sticker and
return the confiscated item or items to the secretary of state
together with a certified copy of the sentence imposed. Upon
receipt of a certificate of identification, windshield placard, or
free parking sticker from a judge or magistrate, the secretary of
state shall cancel and destroy the certificate, placard, or
sticker, and the disabled person to whom it was issued shall not
receive another certificate, placard, or sticker until he or she
submits a completed application and presents a current medical
statement attesting to his or her condition. A law enforcement
officer who observes a misuse of a certificate of identification,
windshield placard, or free parking sticker may immediately
confiscate the certificate, placard, or sticker and forward it with
a copy of his or her report to the secretary of state.
(15) A person who intentionally makes a false statement of
material fact or commits or attempts to commit a deception or fraud
on a medical statement attesting to a disability, submitted in
support of an application for a certificate of identification,
windshield placard, free parking sticker, special registration
plate, or tab for persons with disabilities under this section,
section 803d, or section 803f, is guilty of a misdemeanor,
punishable by a fine of not more than $500.00 or imprisonment for
not more than 30 days, or both.
(16) A person who commits or attempts to commit a deception or
fraud by 1 or more of the following methods is guilty of a
misdemeanor punishable by a fine of not more than $500.00 or
imprisonment for not more than 30 days, or both:
(a) Using a certificate of identification, windshield placard,
or free parking sticker issued under this section or by another
state to provide transportation to a disabled person, when the
person is not providing transportation to a disabled person.
(b) Altering, modifying, or selling a certificate of
identification, windshield placard, or free parking sticker issued
under this section or by another state.
(c) Copying or forging a certificate of identification,
windshield placard, or free parking sticker described in this
section or selling a copied or forged certificate, placard, or
sticker described in this section. In the case of a violation of
this subdivision, the fine described in this subsection shall be
not less than $250.00.
(d) Using a copied or forged certificate of identification,
windshield placard, or free parking sticker described in this
section.
(e) Making a false statement of material fact to obtain or
assist an individual in obtaining a certificate, placard, or
sticker described in this section, a special registration plate
under section 803d, or a tab for persons with disabilities under
section 803f.
(f) Knowingly using or displaying a certificate, placard, or
sticker described in this section that has been canceled by the
secretary of state.
(17) Except as otherwise provided in this section, a person
who violates this section is responsible for a civil infraction.
(18) A certificate of identification issued before October 1,
1994 and containing an expiration date is valid for free parking in
a space controlled or regulated by a meter on a public highway or
in a publicly owned parking area or structure when the time for
parking indicated on the meter has expired, or in a parking space
clearly identified by an official sign as being reserved for use by
disabled persons that is on public property or private property
available for public use, until the expiration date printed on the
certificate. The certificate expires and shall be canceled on its
expiration date.
(19) A certificate of identification issued before October 1,
1994 that does not contain an expiration date expires and shall be
canceled on October 1, 1994.
(20) A certificate of identification shall not be issued or
renewed by the secretary of state after October 1, 1994.
(21) The secretary of state may cancel, revoke, or suspend a
windshield placard, free parking sticker, or certificate of
identification under any of the following circumstances:
(a) The secretary of state determines that a windshield
placard, free parking sticker, or certificate of identification was
fraudulently or erroneously issued.
(b) The secretary of state determines that a person has made
or is making an unlawful use of his or her windshield placard, free
parking sticker, or certificate of identification.
(c) The secretary of state determines that a check or draft
used to pay the required fee is not paid on its first presentation
and is not paid upon reasonable notice or demand or that the
required fee is paid by an invalid credit card.
(d) The secretary of state determines that the person is no
longer eligible to receive or use a windshield placard, free
parking sticker, or certificate of identification.
(e) The secretary of state determines that the owner has
committed an offense under this act involving a windshield placard,
free parking sticker, or certificate of identification.
(f) A person has violated this act and the secretary of state
is authorized under this act to cancel, revoke, or suspend a
windshield placard, free parking sticker, or certificate of
identification for that violation.
(g) The secretary of state receives notice from another state
or foreign country that a windshield placard, free parking sticker,
or certificate of identification issued by the secretary of state
has been surrendered by the owner or seized in conformity with the
laws of that other state or foreign country, or has been improperly
used or displayed in violation of the laws of that other state or
foreign country.
(22) Before a cancellation, revocation, or suspension under
subsection (21), the person affected thereby shall be given notice
and an opportunity to be heard.
(23) A windshield placard issued to a disabled person shall
bear the first letter and the last 3 digits of the disabled
person's driver's or chauffeur's license number or the first letter
and the last 4 digits of the number on his or her official state
personal identification card issued under 1972 PA 222, MCL 28.291
to 28.300.
(24) For purposes of this section only, the secretary of state
may accept an application for a windshield placard, special
registration plate, or free parking sticker from a disabled person
that is signed by a physician, physician assistant, or certified
nurse practitioner licensed or certified to practice in another
state if the application is accompanied by a copy of that
physician's, physician assistant's, or certified nurse
practitioner's current medical license or certification issued by
that state.
(25) This section does not require new or additional third
party reimbursement or worker's compensation benefits for services
rendered.
Sec. 803e. (1) A person who has been a prisoner of war or a
person whose spouse has been a prisoner of war may make application
to the secretary of state for a special registration plate which
shall be inscribed with special identification numbers preceded by
the letters "EX-POW" and shall have the words "ex-prisoner of war"
inscribed beneath the registration number.
(2) A person who was a member of the armed services during
World War I may make application to the secretary of state for a
special registration plate, which shall be inscribed with special
identification numbers preceded by the letters "WWI" and shall have
the words "World War I veteran" inscribed beneath the registration
number.
(3) A person who was a member of the armed services during
1941, stationed at a United States military or naval establishment
at Pearl Harbor in the Hawaiian islands, and who survived the
attack by Japan on Pearl Harbor on December 7, 1941 may make
application to the secretary of state for a special registration
plate, which shall be inscribed with special identification numbers
and shall have the words "Pearl Harbor survivor" inscribed beneath
the registration number.
(4) A person who is a recipient of the purple heart medal may
make application to the secretary of state for a special
registration plate which shall be inscribed with special
identification numbers and shall have the words "combat wounded
veteran" inscribed beneath the registration number. In addition,
the special registration plate described under this subsection
shall be inscribed with a vignette of the official purple heart
medal.
(5) Application for a special registration plate shall be on a
form prescribed by the secretary of state, and shall be accompanied
by any proof of the applicant having been a prisoner of war, World
War I veteran, Pearl Harbor survivor, or recipient of the purple
heart medal that the secretary of state may require. The
application for a special registration plate shall also be
accompanied with payment of a $5.00 service fee.
(6) Upon proper application and payment of the $5.00 service
fee, the secretary of state shall issue 1 or more special
registration plates for each applicant for use on a passenger
vehicle. A person who is disabled who makes application for a
special registration plate under this section and who makes payment
of the $5.00 service fee shall be issued a tab for persons with
disabilities as provided in section 803f for his or her special
registration plate. The secretary of state shall require the same
proof that the applicant is a disabled person as is required for
issuance of a permanent windshield placard under section 675. One
person in any household is entitled to 1 special registration plate
issued under subsection (1) that is exempt from payment of the tax
provided in section 801. The person who is issued an additional
special registration plate under subsection (1) shall be assessed
the applicable tax provided for in section 801. A person issued 1
or more special registration plates under subsection (2), (3), or
(4) shall be assessed the applicable tax provided in section 801.
(7) The use of a special registration plate on a vehicle other
than the vehicle for which the plate is issued, or by a person who
does not qualify under this section, is a misdemeanor.
(8) The special registration plate issued under this section
expires
on the birthday last day
of the birth month of the
vehicle owner in a year in which new plates are issued by the
secretary of state. Application for renewal of the special
registration plate shall be accompanied by a $5.00 service fee. The
applicant is not required to furnish the proof provided in
subsection (5).
Sec. 803f. (1) A person who is a totally disabled veteran with
an honorable discharge from the armed services may make an
application to the secretary of state if he or she owns a private
passenger motor vehicle, and the secretary of state may issue a
special registration plate which shall be inscribed with special
identification numbers preceded by the letters "DV" and shall have
the words "disabled veteran" inscribed beneath the registration
number. For the purposes of this section, "private passenger motor
vehicle" means a motor vehicle which is personally owned by the
disabled veteran and is used for the primary purpose of
transporting the disabled veteran and family members of the
disabled veteran, but does not include a motor home.
(2) Application for the special registration plate shall be on
a form prescribed by the secretary of state, and shall be
accompanied by a service fee of $5.00 and proof that the applicant
was honorably discharged from the armed services and either 1 of
the following:
(a) That the applicant has been determined by the veterans'
administration of the federal government to have a service-
connected total or permanent total disability rating for
compensation.
(b) That the applicant has been determined to have a service-
connected total or permanent total disability rating and is
receiving disability retirement pay from a branch of the uniformed
armed services.
(3) A special registration issued under this section is exempt
from payment of the tax provided in section 801.
(4)
The special registration plate shall expire on the
birthday
last day of the birth month
of the disabled veteran in a
year in which new plates are issued by the secretary of state.
Application for renewal of the special registration plate shall be
accompanied by a $5.00 service fee. The applicant shall not be
required to furnish the proof provided in subsection (2).
(5) The secretary of state may issue to a disabled person who
has been issued a special registration plate under this section a
tab for persons with disabilities. The tab for persons with
disabilities shall be an adhesive tab displaying the international
wheelchair symbol or a reasonable facsimile of that symbol. The tab
for persons with disabilities may be attached only to the special
registration plate issued to the disabled person under this
section.
(6) An application for a tab for persons with disabilities
shall be on a form prescribed by the secretary of state. The
secretary of state shall require the same proof that the applicant
is a disabled person as is required for issuance of a permanent
windshield placard under section 675.
(7) The tab for persons with disabilities shall be issued free
of charge.
(8) When a disabled person who has been issued a tab for
persons with disabilities renews his or her special registration
plate under this section, the secretary of state shall issue a new
tab for persons with disabilities to the disabled person, free of
charge. The disabled person shall not be required to again furnish
the proof required under subsection (6).
(9) The use of the special registration plate or a tab for
persons with disabilities on a motor vehicle other than the motor
vehicle for which the special registration plate is issued, or by a
person who does not qualify under this section, is a misdemeanor.
Sec. 803i. (1) A person who was or is a member of the national
guard may apply to the secretary of state for a special
registration plate, which shall display an appropriate vignette
preceding the registration numbers and shall have the words
"national guard" inscribed beneath the registration numbers.
(2) A person who was or is a member of the military reserve
may apply to the secretary of state for a special registration
plate, which shall display an appropriate vignette preceding the
registration numbers.
(3) A person who was a member of any branch of the armed
services of the United States, who has retired or been granted an
honorable discharge from that branch of the armed forces, and who
is not otherwise eligible for a special registration plate under
this act may apply to the secretary of state for a special
registration plate which shall display an appropriate vignette
preceding the registration numbers.
(4) Application for a special registration plate shall be on a
form prescribed by the secretary of state and shall be accompanied
by any proof of the applicant being or having been a member of the
national guard or military reserve or a member of any branch of the
armed services of the United States as described in subsection (3)
that the secretary of state may require. The application for a
special registration plate shall also be accompanied with payment
of a $5.00 service fee.
(5) Upon proper application and payment of the $5.00 service
fee, the secretary of state shall issue 1 or more special
registration plates for each applicant for use on a passenger
vehicle. A person who is disabled who applies for a special
registration plate under this section and who pays the $5.00
service fee shall be issued a tab for persons with disabilities as
provided in section 803f for his or her special registration plate.
The secretary of state shall require the same proof that the
applicant is a disabled person as is required for issuance of a
permanent windshield placard under section 675. A person issued 1
or more special registration plates under subsection (1), (2), or
(3) shall be assessed the applicable tax provided in section 801.
(6) The use of a special registration plate on a vehicle other
than the vehicle for which the plate is issued, or by a person who
does not qualify under this section, is a misdemeanor.
(7) The special registration plate issued under this section
shall
expire on the birthday last
day of the birth month of the
vehicle owner. When new plates are issued by the secretary of
state, application for renewal of the special registration plate
shall be accompanied by a $5.00 service fee. The applicant shall
not be required to furnish the proof provided in subsection (4).
Sec. 803j. (1) A person who was a member of the armed services
or a person whose spouse was a member of the armed forces during
the Korean War may make application to the secretary of state for a
special registration plate, which shall display an appropriate
vignette preceding the registration numbers and shall have the word
"veteran" inscribed beneath the registration numbers.
(2) Application for a special registration plate shall be on a
form prescribed by the secretary of state, and shall be accompanied
by any proof of the applicant or the applicant's spouse having been
a Korean War veteran that the secretary of state may require. The
application for a special registration plate shall also be
accompanied with payment of a $5.00 service fee.
(3) Upon proper application and payment of the $5.00 service
fee, the secretary of state shall issue 1 or more special
registration plates for each applicant for use on a passenger
vehicle. A person who is disabled who makes application for a
special registration plate under this section and who makes payment
of the $5.00 service fee shall be issued a tab for persons with
disabilities as provided in section 803f for his or her special
registration plate. The secretary of state shall require the same
proof that the applicant is a disabled person as is required for
issuance of a permanent windshield placard under section 675. A
person issued 1 or more special registration plates under
subsection (1) shall be assessed the applicable tax provided in
section 801.
(4) The use of a special registration plate on a vehicle other
than the vehicle for which the plate is issued, or by a person who
does not qualify under this section, is a misdemeanor.
(5) The special registration plate issued under this section
shall
expire on the birthday last
day of the birth month of the
vehicle owner. When new plates are issued by the secretary of
state, application for renewal of the special registration plate
shall be accompanied by a $5.00 service fee. The applicant shall
not be required to furnish the proof provided in subsection (2).
Sec. 803k. (1) A person who was a member of the armed services
during the Vietnam War or a person whose spouse was a member of the
armed services during the Vietnam War may make application to the
secretary of state for a special registration plate, which shall
display an appropriate vignette preceding the registration numbers
and shall have the word "veteran" inscribed beneath the
registration numbers.
(2) Application for a special registration plate shall be on a
form prescribed by the secretary of state, and shall be accompanied
by any proof of the applicant or applicant's spouse having been a
Vietnam War veteran that the secretary of state may require. The
application for a special registration plate shall also be
accompanied with payment of a $5.00 service fee.
(3) Upon proper application and payment of the $5.00 service
fee, the secretary of state shall issue 1 or more special
registration plates for each applicant for use on a passenger
vehicle. A person who is disabled who makes application for a
special registration plate under this section and who makes payment
of the $5.00 service fee shall be issued a tab for persons with
disabilities as provided in section 803f for his or her special
registration plate. The secretary of state shall require the same
proof that the applicant is a disabled person as is required for
issuance of a permanent windshield placard under section 675. A
person issued 1 or more special registration plates under
subsection (1) shall be assessed the applicable tax provided in
section 801.
(4) The use of a special registration plate on a vehicle other
than the vehicle for which the plate is issued, or by a person who
does not qualify under this section, is a misdemeanor.
(5) The special registration plate issued under this section
shall
expire on the birthday last
day of the birth month of the
vehicle owner. When new plates are issued by the secretary of
state, application for renewal of the special registration plate
shall be accompanied by a $5.00 service fee. The applicant shall
not be required to furnish the proof provided in subsection (2).
Sec. 803l. (1) A person who was a member of the armed services
during World War II or a person whose spouse was a member of the
armed services during World War II may make application to the
secretary of state for a special registration plate, which shall
display an appropriate vignette preceding the registration numbers
and shall have the word "veteran" inscribed beneath the
registration numbers.
(2) Application for a special registration plate shall be on a
form prescribed by the secretary of state, and shall be accompanied
by any proof of the applicant or applicant's spouse having been a
World War II veteran that the secretary of state may require. The
application for a special registration plate shall also be
accompanied with payment of a $5.00 service fee.
(3) Upon proper application and payment of the $5.00 service
fee, the secretary of state shall issue 1 special registration
plate for each applicant for use on a passenger vehicle. A person
who is disabled who makes application for a special registration
plate under this section and who makes payment of the $5.00 service
fee shall be issued a tab for persons with disabilities as provided
in section 803f for his or her special registration plate. The
secretary of state shall require the same proof that the applicant
is a disabled person as is required for issuance of a permanent
windshield placard under section 675. A person issued a special
registration plate under subsection (1) shall be assessed the
applicable tax provided in section 801.
(4) The use of a special registration plate on a vehicle other
than the vehicle for which the plate is issued, or by a person who
does not qualify under this section, is a misdemeanor.
(5) The special registration plate issued under this section
shall
expire on the birthday last
day of the birth month of the
vehicle owner. When new plates are issued by the secretary of
state, application for renewal of the special registration plate
shall be accompanied by a $5.00 service fee. The applicant shall
not be required to furnish the proof provided in subsection (2).
Sec. 803n. (1) A person who was a member or a person whose
spouse was a member of the Michigan national guard, the United
States armed forces reserve, or any branch of the armed services of
the United States and who was called to active duty during the
Persian Gulf War may apply to the secretary of state for a special
registration plate, which shall display an appropriate vignette
preceding the registration numbers and shall have the word
"veteran" inscribed beneath the registration numbers.
(2) A person who was a member or a person whose spouse was a
member of the armed services during the conflict in Grenada, the
conflict in Panama, or the conflict in Lebanon may apply to the
secretary of state for a special registration plate, which shall
display an appropriate vignette preceding the registration numbers
and shall have the word "veteran" inscribed beneath the
registration numbers.
(3) Application for a special registration plate shall be on a
form prescribed by the secretary of state, and shall be accompanied
by any proof of the applicant or applicant's spouse having been a
war or conflict veteran that the secretary of state may require.
The application for a special registration plate shall also be
accompanied with payment of a $5.00 service fee.
(4) Upon proper application and payment of the $5.00 service
fee, the secretary of state shall issue 1 or more special
registration plates for each applicant for use on a passenger
vehicle. A person who is disabled who applies for a special
registration plate under this section and who pays the $5.00
service fee shall be issued a tab for persons with disabilities as
provided in section 803f for his or her special registration plate.
The secretary of state shall require the same proof that the
applicant is a disabled person as is required for issuance of a
permanent windshield placard under section 675. A person issued 1
or more special registration plates under subsection (1) or (2)
shall be assessed the applicable tax provided in section 801.
(5) The use of a special registration plate on a vehicle other
than the vehicle for which the plate is issued, or by a person who
does not qualify under this section, is a misdemeanor.
(6) The special registration plate issued under this section
shall
expire on the birthday last
day of the birth month of the
vehicle owner. When new plates are issued by the secretary of
state, application for renewal of the special registration plate
shall be accompanied by a $5.00 service fee. The applicant shall
not be required to furnish the proof provided in subsection (3).
Sec. 803o. (1) On and after December 18, 1992, a person who
was a member or a person whose spouse was a member of the Michigan
national guard, the United States armed forces reserve, or any
branch of the armed services of the United States and who was
called to active duty during a declared war or an armed conflict in
which the United States was a participant may apply to the
secretary of state for a special registration plate, which shall
display an appropriate vignette preceding the registration numbers
and shall have the word "veteran" inscribed beneath the
registration numbers.
(2) Application for a special registration plate shall be on a
form prescribed by the secretary of state, and shall be accompanied
by any proof of the applicant or applicant's spouse having been a
veteran of a declared war or an armed conflict in which the United
States was a participant that the secretary of state may require.
The application for a special registration plate shall also be
accompanied with payment of a $5.00 service fee.
(3) Upon proper application and payment of the $5.00 service
fee, the secretary of state shall issue 1 or more special
registration plates for each applicant for use on a passenger
vehicle. A person who is disabled who applies for a special
registration plate under this section and who pays the $5.00
service fee shall be issued a tab for persons with disabilities as
provided in section 803f for his or her special registration plate.
The secretary of state shall require the same proof that the
applicant is a disabled person as is required for issuance of a
permanent windshield placard under section 675. A person issued 1
or more special registration plates under subsection (1) shall be
assessed the applicable tax provided in section 801.
(4) The use of a special registration plate on a vehicle other
than the vehicle for which the plate is issued, or by a person who
does not qualify under this section, is a misdemeanor.
(5) The special registration plate issued under this section
shall
expire on the birthday last
day of the birth month of the
vehicle owner. When new plates are issued by the secretary of
state, application for renewal of the special registration plate
shall be accompanied by a $5.00 service fee. The applicant shall
not be required to furnish the proof provided in subsection (2).