HB-4535, As Passed House, November 7, 2017

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4535

[As Amended November 7, 2017]

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 255 (MCL 257.255), as amended by 2003 PA 9.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 255. (1) Except as otherwise provided in this chapter, a

 

person shall not operate, nor shall an owner knowingly permit to be

 

operated, upon any highway, a vehicle required to be registered

 

under this act unless,[except as otherwise provided in this subsection,]

 there no later than 30 days after the

 

vehicle is registered or the vehicle's registration is renewed, a

 

valid registration plate issued for the vehicle by the department

 

for the current registration year is attached to and displayed on

 

the vehicle , as required by this chapter. , a valid registration

 

plate issued for the vehicle by the department for the current

 

registration year. For purposes of this subsection, a printed or

 


House Bill No. 4535 as amended November 7, 2017

electronic copy of a valid registration or verification of a valid

 

registration through the L.E.I.N. is proof that the vehicle is

 

registered or that the vehicle's registration has been renewed. A

 

registration plate shall is not be required upon any wrecked or

 

disabled vehicle, or vehicle destined for repair or junking, which

 

is being transported or drawn upon a highway by a wrecker or a

 

registered motor vehicle.[The 30-day period described in this subsection

 does not apply to the first registration of a vehicle after a transfer of ownership or to a transfer registration under section 809.]

 

     (2) Except as otherwise provided in this section, a person who

 

violates subsection (1) is responsible for a civil infraction.

 

However, if the vehicle is a commercial vehicle which is required

 

to be registered according to the schedule of elected gross vehicle

 

weights under section 801(1)(k), the person is guilty of a

 

misdemeanor punishable by imprisonment for not more than 90 days or

 

a fine of not more than $500.00, or both.

 

     (3) A person who operates a vehicle licensed under the

 

international registration plan and does not have a valid

 

registration due to nonpayment of the apportioned fee is guilty of

 

a misdemeanor, punishable by imprisonment for not more than 90

 

days, or by a fine of not more than $100.00, or both. In addition,

 

a police officer may impound the vehicle until a valid registration

 

is obtained. If the vehicle is impounded, the towing and storage

 

costs of the vehicle, and the care or preservation of the load in

 

the vehicle shall be are the owner's responsibility. Vehicles

 

impounded shall be are subject to a lien in the amount of the

 

apportioned fee and any fine and costs incurred under this

 

subsection, subject to a valid lien of prior record. If the

 

apportioned fee, fine, and costs are not paid within 90 days after


impoundment, then following a hearing before the judge or

 

magistrate who imposed the fine and costs, the judge or magistrate

 

shall certify the unpaid judgment to the prosecuting attorney of

 

the county in which the violation occurred. The prosecuting

 

attorney shall enforce the lien by foreclosure sale in accordance

 

with the procedure authorized by law for chattel mortgage

 

foreclosures.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.