September 9, 2014, Introduced by Reps. Rendon, Kurtz, Lauwers, Daley, Johnson, Pettalia, Franz, Goike, VerHeulen, Jenkins, Cotter, Potvin, LaFontaine, Santana and Robinson and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 675 (MCL 257.675), as amended by 2013 PA 247.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 unless authorized by the state
transportation department.
(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 , under
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, or if the individual is
a totally disabled veteran, 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, and shall issue to a totally disabled
veteran, an original or renewal permanent windshield placard that
is valid for a period of not more than 4 years.
(c) An original or permanent windshield placard expires on the
disabled person's fifth birthday after the date of issuance.
(d) A renewal permanent windshield placard expires on the
disabled person's fourth birthday after the date of renewal.
(e) Except as otherwise provided in this subsection, not more
than 45 days immediately preceding the expiration of his or her
certificate or placard, a person holding a permanent windshield
placard may apply for a new or renewal placard as provided in this
section. However, if the person will be out of state during the 45
days immediately preceding expiration of the placard or for other
good cause shown cannot apply for a placard within the 45-day
period, the person may apply for a new or renewal placard not more
than 6 months before the placard expires. A placard issued or
renewed under this subdivision expires as provided in this
subsection.
(f) Upon application in the manner prescribed by the secretary
of state for replacement of a lost, stolen, or destroyed 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 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 this
subsection (24), and
subsection (20), 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), or if the
individual is a totally disabled veteran, the individual is not
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
under this act.
(b) A valid windshield placard issued by another state.
(c) A certificate of identification issued by another state.
(d) A license plate for persons with disabilities issued by
another state.
(e) 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 under this
section.
(13) Upon conviction of an offense involving a violation of
the special privileges conferred upon a holder of a windshield
placard or free parking sticker, a magistrate or judge trying the
case, as a part of any penalty imposed, may confiscate the
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
windshield placard or free parking sticker from a judge or
magistrate, the secretary of state shall cancel and destroy the
placard or sticker, and the disabled person to whom it was issued
shall not receive another 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 windshield placard or free
parking sticker may immediately confiscate the placard or sticker
and forward it with a copy of his or her report to the secretary of
state.
(14) 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 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.
(15) 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 windshield placard or free parking sticker issued
under this section or by another state to provide transportation to
a disabled person, if the person is not providing transportation to
a disabled person.
(b) Altering, modifying, or selling a windshield placard or
free parking sticker issued under this section or by another state.
(c) Copying or forging a windshield placard or free parking
sticker described in this section or selling a copied or forged
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 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 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 placard or sticker
described in this section that has been canceled by the secretary
of state.
(16) Except as otherwise provided in this section, a person
who violates this section is responsible for a civil infraction.
(17) The secretary of state may cancel, revoke, or suspend a
windshield placard or free parking sticker under any of the
following circumstances:
(a) The secretary of state determines that a windshield
placard or free parking sticker 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 or
free parking sticker.
(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 or free
parking sticker.
(e) The secretary of state determines that the owner has
committed an offense under this act involving a windshield placard
or free parking sticker.
(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 or free parking sticker for that violation.
(g) The secretary of state receives notice from another state
or foreign country that a windshield placard or free parking
sticker 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.
(18) Before a cancellation, revocation, or suspension under
subsection (17), the person affected by that action shall be given
notice and an opportunity to be heard.
(19) 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.
(20) 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.
(21) This section does not require new or additional third
party reimbursement or worker's compensation benefits for services
rendered.
(22) As used in this section, "totally disabled veteran" means
an individual who provides proof that he or she was honorably
discharged from the armed services and who satisfies either of the
following:
(a) The individual 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) The individual 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.