November 10, 2011, Introduced by Senators HOPGOOD, WARREN, YOUNG, BIEDA and ANDERSON and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 605, 675d, 742, 907, and 909 (MCL 257.605,
257.675d, 257.742, 257.907, and 257.909), sections 605 and 907 as
amended by 2011 PA 159, section 675d as amended by 2010 PA 211,
section 742 as amended by 2008 PA 171, and section 909 as amended
by 2000 PA 94, and by adding section 674b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 605. (1) This chapter and chapter VIII apply uniformly
throughout this state and in all political subdivisions and
municipalities in the state. A local authority shall not adopt,
enact, or enforce a local law that provides lesser penalties or
that is otherwise in conflict with this chapter or chapter VIII.
(2) A local law or portion of a local law that imposes a
criminal penalty for an act or omission that is a civil infraction
under this act, or that imposes a criminal penalty or civil
sanction in excess of that prescribed in this act, is in conflict
with this act and is void to the extent of the conflict.
(3)
Except for a case in which the citation is dismissed
pursuant
to subsection (4), proceeds of a civil fine imposed by a
local
authority for violation of a local law regulating the
operation
of a commercial motor vehicle and substantially
corresponding
to a provision of this act shall be paid to the
county
treasurer and allocated as follows:
(a)
Seventy percent to the local unit of government in which
the
citation is issued.
(b)
Thirty percent for library purposes as provided by law.
(3) (4)
The owner or operator of a commercial
motor vehicle
shall not be issued more than 1 citation for each violation of a
code or ordinance regulating the operation of a commercial motor
vehicle and substantially corresponding to a provision of sections
683 to 725a of the Michigan vehicle code, 1949 PA 300, MCL 257.683
to 257.725a, within a 24-hour period. If the owner or operator of a
commercial motor vehicle is issued a citation for an equipment
violation pursuant to section 683 that does not result in the
vehicle being placed out of service, the court shall dismiss the
citation if the owner or operator of that commercial motor vehicle
provides written proof to the court within 14 days after the
citation is issued showing that the defective equipment indicated
in the citation has been repaired.
(4) (5)
As used in this section,
"local law" includes a local
charter provision, ordinance, rule, or regulation.
Sec. 674b. (1) As used in this section:
(a) "Hybrid vehicle" means a vehicle that uses an onboard
renewable energy storage system and a fuel-based power source for
propulsion.
(b) "Load/unload location" or "location" means a location
where vehicles load or unload.
(c) "Vehicle" means a vehicle that meets all of the following
requirements:
(i) Is gasoline or diesel powered.
(ii) Is designed to operate on a highway.
(iii) Weighs over 8,500 pounds.
(iv) Is not a hybrid vehicle.
(d) "Wrecker" means that term as defined in section 79c.
(2) The owner or operator of a vehicle shall not cause or
permit the vehicle to stand or park at idle for more than 5 total
minutes in any 60-minute period except as provided in subsection
(3).
(3) Subsection (2) does not apply to a vehicle that idles
under any of the following circumstances:
(a) While forced to remain motionless because of on-highway
traffic or an official traffic control device or signal or at the
direction of a law enforcement official.
(b) When operating a defroster, heater, or air conditioner, or
during installation of equipment, solely to prevent a safety or
health emergency and not as part of the operator's rest or sleep
period.
(c) If the vehicle is an ambulance or a police, fire, public
safety, military, or other vehicle, while being used in an
emergency or emergency training capacity and not for the
convenience of the vehicle operator.
(d) If the vehicle is a wrecker, at a site to which it has
been summoned by a law enforcement agency.
(e) As required for vehicle maintenance, service, repair, or
diagnostic purposes, if idling is required for the activity.
(f) As required as part of a state or federal inspection to
verify that all equipment is in good working order.
(g) To power work-related mechanical or electrical operations
other than propulsion, such as operation of a hoist or other
vehicle recovery equipment by a wrecker, mixing or processing
cargo, or straight truck refrigeration, if the vehicle is not
equipped with an auxiliary power unit. This subdivision does not
apply to idling for cabin comfort or the operation of nonessential
onboard equipment.
(h) To power a medical device, such as a continuous positive
airway pressure machine, being used by a person present in a
sleeping birth during a sleep or rest period, if the vehicle is not
equipped with a functioning auxiliary power unit.
(i) If the vehicle is an armored vehicle, while a person
remains inside the vehicle to guard the contents or while the
vehicle is being loaded or unloaded.
(j) Because of mechanical difficulties over which the driver
has no control if, within 30 days after receiving a citation under
section 6911, the vehicle owner submits to the appropriate law
enforcement authority the repair paperwork or product receipt
verifying that the mechanical problem has been fixed.
(k) If the vehicle is a passenger bus, including a school bus,
for not more than 15 total minutes in any 60-minute period to
maintain passenger comfort while nondriver passengers are on board.
(l) For more than 30 total minutes while waiting to load or
unload at a load/unload location.
(4) The owner of a load/unload location shall not cause a
vehicle to stand or park for more than 30 total minutes while
waiting to load or unload at the location if it is necessary for
the vehicle to stand or park at idle to power straight truck
refrigeration or for similar purposes.
(5) This section does not prohibit operating an auxiliary
power unit, generator set, or other mobile idle reduction
technology as a means to heat, air-condition, or provide electrical
power as an alternative to idling a vehicle's primary propulsion
engine. However, if the vehicle is equipped with a model year 2007
or newer engine and a waiver has been granted by the United States
environmental protection agency for 1 or more of the following
requirements, the exemption in this subsection does not apply
unless 1 or more of the following requirements are met:
(a) The mobile idle reduction technology is equipped for a
verified level 3 in-use strategy for particulate matter control.
(b) The mobile idle reduction technology's exhaust is routed
directly into the vehicle's exhaust pipe, upstream of the diesel
particulate matter aftertreatment device.
(6) A person who violates this section is responsible for a
civil infraction. For a violation of subsection (2), the person may
be ordered to pay a fine of not more than $500.00 and costs as
provided in section 907(4). For a violation of subsection (4), the
person may be ordered to pay a fine of not more than $150.00 and
costs as provided in section 907(4). However, for violations
occurring within 6 months after the effective date of the
amendatory act that added this section, the maximum fine for a
violation of subsection (2) is $250.00 and the maximum fine for a
violation of subsection (4) is $75.00.
(7) This section preempts a local ordinance that would extend,
revise, or conflict with this section. However, a city, village, or
township may adopt an ordinance that substantially corresponds to
this section.
Sec. 675d. (1) Except as provided in subsection (2), a law
enforcement agency or a local unit of government may implement and
administer a program to authorize and utilize persons other than
police officers as volunteers to issue citations for the following
violations:
(a) Parking on a sidewalk in violation of section 674(1)(a) or
a local ordinance substantially corresponding to section 674(1)(a).
(b) Parking in front of a public or private driveway in
violation of section 674(1)(b) or a local ordinance substantially
corresponding to section 674(1)(b).
(c) Parking within 15 feet of a fire hydrant in violation of
section 674(1)(d) or a local ordinance substantially corresponding
to section 674(1)(d).
(d) Parking on a crosswalk in violation of section 674(1)(e)
or a local ordinance substantially corresponding to section
674(1)(e).
(e) Parking within 20 feet of a crosswalk or, if there is not
a crosswalk, within 15 feet of the intersection of property lines
at an intersection of highways, in violation of section 674(1)(f)
or a local ordinance substantially corresponding to section
674(1)(f).
(f) Parking at a place where an official sign prohibits
stopping or parking in violation of section 674(1)(n) or a local
ordinance substantially corresponding to section 674(1)(n). This
subdivision does not authorize a volunteer to issue a citation for
any other violation set forth in section 674 or a local ordinance
substantially corresponding to section 674.
(g) Parking in a space reserved for use by disabled persons in
violation of section 674(1)(s) or a local ordinance substantially
corresponding to section 674(1)(s).
(h) Parking in an access aisle or access lane immediately
adjacent to a space designated for parking by persons with
disabilities in violation of section 674(1)(t) or a local ordinance
substantially corresponding to section 674(1)(t).
(i) Parking in violation of an official sign restricting the
period of time for or manner of parking in violation of section
674(1)(w) or a local ordinance substantially corresponding to
section 674(1)(w). This subdivision does not authorize a volunteer
to issue a citation for any other violation set forth in section
674 or a local ordinance substantially corresponding to section
674.
(j) Parking in a space or in a manner that blocks access to a
fire lane in violation of section 674(1)(aa) or a local ordinance
substantially corresponding to section 674(1)(aa).
(k) Idling in violation of section 674b or a local ordinance
substantially corresponding to section 674b.
(2) Before authorizing and utilizing persons other than police
officers to issue citations, the law enforcement agency or local
unit of government shall implement a program to train the persons
to properly issue citations as provided in this section, of which
not less than 8 hours shall be in parking enforcement, conducted by
that law enforcement agency or the law enforcement agency for that
local unit of government or, if the local unit of government does
not have a law enforcement agency, by the county sheriff. A person
who successfully completes a program of training implemented under
this section may issue citations as provided in this section as
authorized by the law enforcement agency or local unit of
government. A law enforcement agency of a local unit of government
shall not implement or administer a program under this section
without the specific authorization of the governing body of that
local unit of government. A law enforcement agency shall not
implement or administer a program under this section that would
allow volunteers to issue citations under subsection (1)(a), (b),
(c),
(d), (e), (f), or (i), or
(k) for any violations for which the
use of volunteers is prohibited under a collective bargaining
agreement between that local unit of government and any law
enforcement officers of that local unit of government.
(3) As used in this section:
(a) "Law enforcement agency" means any of the following:
(i) A police agency of a city, village, or township.
(ii) A sheriff's department.
(iii) The department of state police.
(iv) Any other governmental law enforcement agency in this
state.
(b) "Local unit of government" means a state university or
college or a county, city, village, or township.
Sec. 742. (1) A police officer who witnesses a person
violating this act or a local ordinance substantially corresponding
to this act, which violation is a civil infraction, may stop the
person, detain the person temporarily for purposes of making a
record of vehicle check, and prepare and subscribe, as soon as
possible and as completely as possible, an original and 3 copies of
a written citation, which shall be a notice to appear in court for
1 or more civil infractions. If a police officer of a village,
city, township, or county, or a police officer who is an authorized
agent of a county road commission, witnesses a person violating
this act or a local ordinance substantially corresponding to this
act within that village, city, township, or county and that
violation is a civil infraction, that police officer may pursue,
stop, and detain the person outside the village, city, township, or
county where the violation occurred for the purpose of exercising
the authority and performing the duties prescribed in this section
and section 749, as applicable.
(2) Any police officer, having reason to believe that the
load, weight, height, length, or width of a vehicle or load are in
violation of section 717, 719, 719a, 722, 724, 725, or 726 which
violation is a civil infraction, may require the driver of the
vehicle to stop, and the officer may investigate, weigh, or measure
the vehicle or load. If, after personally investigating, weighing,
or measuring the vehicle or load, the officer determines that the
load, weight, height, length, or width of the vehicle or load are
in violation of section 717, 719, 719a, 722, 724, 725, or 726, the
officer may temporarily detain the driver of the vehicle for
purposes of making a record or vehicle check and issue a citation
to the driver or owner of the vehicle as provided in those
sections.
(3) A police officer may issue a citation to a person who is a
driver of a motor vehicle involved in an accident when, based upon
personal investigation, the officer has reasonable cause to believe
that the person is responsible for a civil infraction in connection
with the accident. A police officer may issue a citation to a
person who is a driver of a motor vehicle when, based upon personal
investigation by the police officer of a complaint by someone who
witnessed the person violating this act or a local ordinance
substantially corresponding to this act, which violation is a civil
infraction, the officer has reasonable cause to believe that the
person is responsible for a civil infraction and if the prosecuting
attorney or attorney for the political subdivision approves in
writing the issuance of the citation.
(4) The form of a citation issued under subsection (1), (2),
or (3) shall be as prescribed in sections 727c and 743.
(5) The officer shall inform the person of the alleged civil
infraction or infractions and shall deliver the third copy of the
citation to the alleged offender.
(6) In a civil infraction action involving the parking or
standing of a motor vehicle or idling in violation of section 674b
or a local ordinance substantially corresponding to section 674b, a
copy of the citation is not required to be served personally upon
the defendant but may be served upon the registered owner by
attaching the copy to the vehicle. A city may authorize personnel
other than a police officer to issue and serve a citation for a
violation of its ordinance involving the parking or standing of a
motor vehicle. A city may authorize a person other than personnel
or a police officer to issue and serve a citation for parking
violations described in section 675d if the city has complied with
the requirements of section 675d. State security personnel
receiving authorization under section 6c of 1935 PA 59, MCL 28.6c,
may issue and serve citations for violations involving the parking
or standing of vehicles on land owned by the state or land of which
the state is the lessee when authorized to do so by the director of
the department of state police. A city, village, or township or a
state university or college may authorize parking violations bureau
personnel to issue and serve a citation for a violation of an
ordinance substantially corresponding to section 674b.
(7) If a parking violation notice other than a citation is
attached to a motor vehicle, and if an admission of responsibility
is not made and the civil fine and costs, if any, prescribed by
ordinance for the violation are not paid at the parking violations
bureau, a citation may be filed with the court described in section
741(4) and a copy of the citation may be served by first-class mail
upon the registered owner of the vehicle at the owner's last known
address. A parking violation notice may be issued by a police
officer, including a limited duty officer, or other personnel duly
authorized by the city, village, township, college, or university
to issue such a notice under its ordinance. The citation filed with
the court pursuant to this subsection need not comply in all
particulars with sections 727c and 743 but shall consist of a sworn
complaint containing the allegations stated in the parking
violation notice and shall fairly inform the defendant how to
respond to the citation.
(8) A citation issued under subsection (6) or (7) for a
parking or standing violation shall be processed in the same manner
as a citation issued personally to a defendant under subsection (1)
or (3).
(9) As used in subsection (7):
(a) "Parking violation notice" means a notice, other than a
citation, directing a person to appear at a parking violations
bureau in the city, village, or township in which, or of the
college or university for which, the notice is issued and to pay
the fine and costs, if any, prescribed by ordinance for the parking
or standing of a motor vehicle in violation of the ordinance.
(b) "Parking violations bureau" means a parking violations
bureau established pursuant to section 8395 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.8395, or a comparable
parking violations bureau established in a city or village served
by a municipal court or established pursuant to law by the
governing board of a state university or college.
Sec. 907. (1) A violation of this act, or a local ordinance
substantially corresponding to a provision of this act, that is
designated a civil infraction shall not be considered a lesser
included offense of a criminal offense.
(2) If a person is determined pursuant to sections 741 to 750
to be responsible or responsible "with explanation" for a civil
infraction under this act or a local ordinance substantially
corresponding to a provision of this act, the judge or district
court magistrate may order the person to pay a civil fine of not
more than $100.00 and costs as provided in subsection (4). However,
beginning October 31, 2010, if the civil infraction was a moving
violation that resulted in an at-fault collision with another
vehicle, a person, or any other object, the civil fine ordered
under this section shall be increased by $25.00 but the total civil
fine shall not exceed $100.00. However, for a violation of section
602b, the person shall be ordered to pay costs as provided in
subsection (4) and a civil fine of $100.00 for a first offense and
$200.00 for a second or subsequent offense. For a violation of
section 674(1)(s) or a local ordinance substantially corresponding
to section 674(1)(s), the person shall be ordered to pay costs as
provided in subsection (4) and a civil fine of not less than
$100.00 or more than $250.00. For a violation of section 674b or a
local ordinance substantially corresponding to section 674b, the
person may be ordered to pay a civil fine and costs as provided in
that section. For a violation of section 328, the civil fine
ordered under this subsection shall be not more than $50.00. For a
violation of section 710d, the civil fine ordered under this
subsection shall not exceed $10.00. For a violation of section
710e, the civil fine and court costs ordered under this subsection
shall be $25.00. For a violation of section 682 or a local
ordinance substantially corresponding to section 682, the person
shall be ordered to pay costs as provided in subsection (4) and a
civil fine of not less than $100.00 or more than $500.00. For a
violation of section 240, the civil fine ordered under this
subsection shall be $15.00. For a violation of section 252a(1), the
civil fine ordered under this subsection shall be $50.00. For a
violation of section 676a(3), the civil fine ordered under this
section shall be not more than $10.00. For a first violation of
section 319f(1), the civil fine ordered under this section shall be
not less than $2,500.00 or more than $2,750.00; for a second or
subsequent violation, the civil fine shall be not less than
$5,000.00 or more than $5,500.00. For a violation of section
319g(1)(a), the civil fine ordered under this section shall be not
more than $10,000.00. For a violation of section 319g(1)(g), the
civil fine ordered under this section shall be not less than
$2,750.00 or more than $25,000.00. Permission may be granted for
payment of a civil fine and costs to be made within a specified
period of time or in specified installments, but unless permission
is included in the order or judgment, the civil fine and costs
shall be payable immediately.
(3)
Except as provided in this subsection, if If a person is
determined to be responsible or responsible "with explanation" for
a civil infraction under this act or a local ordinance
substantially corresponding to a provision of this act while
driving
operating a commercial motor vehicle, he or she shall be
ordered to pay costs as provided in subsection (4) and a civil fine
of not more than $250.00. This subsection does not apply to a
violation of section 674b.
(4) If a civil fine is ordered under subsection (2) or (3),
the judge or district court magistrate shall summarily tax and
determine the costs of the action, which are not limited to the
costs taxable in ordinary civil actions, and may include all
expenses, direct and indirect, to which the plaintiff has been put
in connection with the civil infraction, up to the entry of
judgment. Costs shall not be ordered in excess of $100.00. A civil
fine ordered under subsection (2) or (3) shall not be waived unless
costs ordered under this subsection are waived. Except as otherwise
provided by law, costs are payable to the general fund of the
plaintiff.
(5) In addition to a civil fine and costs ordered under
subsection (2) or (3) and subsection (4) and the justice system
assessment ordered under subsection (14), the judge or district
court magistrate may order the person to attend and complete a
program of treatment, education, or rehabilitation.
(6) A district court magistrate shall impose the sanctions
permitted under subsections (2), (3), and (5) only to the extent
expressly authorized by the chief judge or only judge of the
district court district.
(7) Each district of the district court and each municipal
court may establish a schedule of civil fines, costs, and
assessments to be imposed for civil infractions that occur within
the respective district or city. If a schedule is established, it
shall be prominently posted and readily available for public
inspection. A schedule need not include all violations that are
designated by law or ordinance as civil infractions. A schedule may
exclude cases on the basis of a defendant's prior record of civil
infractions or traffic offenses, or a combination of civil
infractions and traffic offenses.
(8) The state court administrator shall annually publish and
distribute to each district and court a recommended range of civil
fines and costs for first-time civil infractions. This
recommendation is not binding upon the courts having jurisdiction
over civil infractions but is intended to act as a normative guide
for judges and district court magistrates and a basis for public
evaluation of disparities in the imposition of civil fines and
costs throughout the state.
(9) If a person has received a civil infraction citation for
defective safety equipment on a vehicle under section 683, the
court shall waive a civil fine, costs, and assessments upon receipt
of certification by a law enforcement agency that repair of the
defective equipment was made before the appearance date on the
citation.
(10) A default in the payment of a civil fine or costs ordered
under subsection (2), (3), or (4) or a justice system assessment
ordered under subsection (14), or an installment of the fine,
costs, or assessment, may be collected by a means authorized for
the enforcement of a judgment under chapter 40 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or
under chapter 60 of the revised judicature act of 1961, 1961 PA
236, MCL 600.6001 to 600.6098.
(11) If a person fails to comply with an order or judgment
issued pursuant to this section within the time prescribed by the
court, the driver's license of that person shall be suspended
pursuant to section 321a until full compliance with that order or
judgment occurs. In addition to this suspension, the court may also
proceed under section 908.
(12) The court shall waive any civil fine, cost, or assessment
against a person who received a civil infraction citation for a
violation of section 710d if the person, before the appearance date
on the citation, supplies the court with evidence of acquisition,
purchase, or rental of a child seating system meeting the
requirements of section 710d.
(13) Until October 1, 2003, in addition to any civil fines and
costs ordered to be paid under this section, the judge or district
court magistrate shall levy an assessment of $5.00 for each civil
infraction determination, except for a parking violation or a
violation for which the total fine and costs imposed are $10.00 or
less. An assessment paid before October 1, 2003 shall be
transmitted by the clerk of the court to the state treasurer to be
deposited into the Michigan justice training fund. An assessment
ordered before October 1, 2003 but collected on or after October 1,
2003 shall be transmitted by the clerk of the court to the state
treasurer for deposit in the justice system fund created in section
181 of the revised judicature act of 1961, 1961 PA 236, MCL
600.181. An assessment levied under this subsection is not a civil
fine for purposes of section 909.
(14) Effective October 1, 2003, in addition to any civil fines
or costs ordered to be paid under this section, the judge or
district court magistrate shall order the defendant to pay a
justice system assessment of $40.00 for each civil infraction
determination, except for a parking violation or a violation for
which the total fine and costs imposed are $10.00 or less. Upon
payment of the assessment, the clerk of the court shall transmit
the assessment collected to the state treasury to be deposited into
the justice system fund created in section 181 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.181. An assessment
levied under this subsection is not a civil fine for purposes of
section 909.
(15) If a person has received a citation for a violation of
section 223, the court shall waive any civil fine, costs, and
assessment, upon receipt of certification by a law enforcement
agency that the person, before the appearance date on the citation,
produced a valid registration certificate that was valid on the
date the violation of section 223 occurred.
(16) If a person has received a citation for a violation of
section 328(1) for failing to produce a certificate of insurance
pursuant to section 328(2), the court may waive the fee described
in section 328(3)(c) and shall waive any fine, costs, and any other
fee or assessment otherwise authorized under this act upon receipt
of verification by the court that the person, before the appearance
date on the citation, produced valid proof of insurance that was in
effect at the time the violation of section 328(1) occurred.
Insurance obtained subsequent to the time of the violation does not
make the person eligible for a waiver under this subsection.
(17) As used in this section, "moving violation" means an act
or omission prohibited under this act or a local ordinance
substantially corresponding to this act that involves the operation
of a motor vehicle and for which a fine may be assessed.
Sec.
909. (1) Except as provided in subsection (2), a A civil
fine which is ordered under section 907 for a violation of this act
or other state statute shall be exclusively applied to the support
of public libraries and county law libraries in the same manner as
is provided by law for penal fines assessed and collected for
violation of a penal law of the state.
(2) A civil fine ordered for a violation of a code or
ordinance of a local authority regulating the operation of
commercial motor vehicles and substantially corresponding to a
provision of this act shall be paid to the county treasurer and
shall be allocated as follows:
(a) Seventy percent to the local authority in which the
citation is issued.
(b) Thirty percent for library purposes as provided by law.
(3) (2)
Subsection (1) is (2) does not apply to a violation of
a local ordinance substantially corresponding to section 674b.
Subsections (1) and (2) are intended to maintain a source of
revenue for public libraries which previously received penal fines
for misdemeanor violations of this act which are now civil
infractions.