S04874'03 (S-1)

SB-0981, As Passed Senate, April 22, 2004

SUBSTITUTE FOR

SENATE BILL NO. 981

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 675 (MCL 257.675), as amended by 2002 PA

618.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 675. (1) Except as otherwise provided in this section

2 and this chapter, a vehicle stopped or parked upon a highway or

3 street shall be stopped or parked with the wheels of the vehicle

4 parallel to the roadway and within 12 inches of any curb existing

5 at the right of the vehicle.

6 (2) A local authority may by ordinance permit parking of a

7 vehicle on a 1-way roadway with the vehicle's left wheels

8 adjacent to and within 12 inches of any curb existing at the left

9 of the vehicle.

10 (3) A local authority may by ordinance permit angle parking

1 on a roadway, except that angle parking shall not be permitted on

2 a state trunk line highway.

3 (4) The state transportation commission with respect to state

4 trunk line highways and the board of county road commissioners

5 with respect to county roads, acting jointly with the director of

6 the department of state police, may place signs prohibiting or

7 restricting the stopping, standing, or parking of vehicles on a

8 highway where in the opinion of the officials as determined by an

9 engineering survey, the stopping, standing, or parking is

10 dangerous to those using the highway or where the stopping,

11 standing, or parking of vehicles would unduly interfere with the

12 free movement of traffic on the highway or street. The signs

13 shall be official signs and a person shall not stop, stand, or

14 park a vehicle in violation of the restrictions stated on the

15 signs. The signs shall be installed only after a proper traffic

16 order is filed with the county clerk. Upon the application to

17 the state transportation commission by a home rule city affected

18 by an order, opportunity shall be given to the city for a hearing

19 before the state transportation commission, pursuant to the

20 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

21 24.328, except when an ordinance of the home rule city prohibits

22 or restricts the parking of vehicles on a state trunk line

23 highway; when the home rule city, by lawfully authorized official

24 action, requests the state transportation department to prohibit

25 or restrict parking on a state trunk line highway; or when the

26 home rule city enters into a construction agreement with the

27 state transportation department providing for the prohibition or

1 restriction of parking on a state trunk line highway during or

2 after the period of construction. Traffic control orders, so

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

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

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

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

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

8 state transportation commission shall be considered a "contested

9 case" within the meaning of that act.

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

11 secretary of state, for a serially numbered nontransferable

12 temporary or permanent windshield placard for the personal use of

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

14 to having a medical examination may personally apply at a branch

15 office of the secretary of state for a serially numbered

16 nontransferable temporary or permanent windshield placard for the

17 personal use of the disabled individual. If it appears obvious

18 that the individual has a qualifying disability, the individual

19 shall not be required to present a medical statement attesting to

20 the disability. The application for and the issuance of the

21 serially numbered nontransferable temporary or permanent

22 windshield placard is subject to all of the following:

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

24 with a temporary disability a temporary windshield placard that

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

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

27 with a permanent disability an original or renewal permanent

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

2 (c) An original certificate of identification or permanent

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

4 birthday after the date of issuance.

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

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

7 (e) A person holding a certificate of identification or

8 permanent windshield placard at any time within 45 days before

9 the expiration of his or her certificate or placard may make

10 application for a new or renewal placard as provided for in this

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

12 45 days immediately preceding expiration of the certificate or

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

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

15 placard may be made not more than 6 months before expiration of

16 the certificate or placard. A placard issued or renewed under

17 this subdivision shall expire as provided for in this

18 subsection.

19 (f) Upon application in the manner prescribed by the

20 secretary of state for replacement of a lost, stolen, or

21 destroyed certificate or placard described in this section, a

22 disabled person or organization that provides specialized

23 services to disabled persons may be issued a placard that in

24 substance duplicates the original certificate or placard for a

25 fee of $10.00.

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

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

1 purpose of transporting the disabled person. An organization

2 that provides specialized services to disabled persons may apply

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

4 motor vehicle actually transporting a disabled person. If the

5 organization ceases to transport disabled persons, the placard

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

7 destruction.

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

9 windshield placard, special registration plates issued under

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

11 803f that has a tab for persons with disabilities attached, a

12 certificate of identification or windshield placard from another

13 state, or special registration plates from another state issued

14 for persons with disabilities is entitled to courtesy in the

15 parking of a vehicle. The courtesy shall relieve the disabled

16 person or the person transporting the disabled person from

17 liability for a violation with respect to parking, other than in

18 violation of this act. A local authority may by ordinance

19 prohibit parking on a street or highway to create a fire lane or

20 to provide for the accommodation of heavy traffic during morning

21 and afternoon rush hours, and the privileges extending to

22 veterans and physically disabled persons under this subsection do

23 not supersede that ordinance.

24 (7) Except as otherwise provided in subsection (24), an

25 application for an initial free parking sticker shall contain a

26 certification by a physician, or physician assistant, or

27 certified nurse practitioner licensed to practice in this state

1 attesting to the nature and estimated duration of the applicant's

2 disabling condition and verifying that the applicant qualifies

3 for a free parking sticker. An individual who has a religious

4 objection to having a medical examination may personally apply at

5 a branch office of the secretary of state for an initial free

6 parking sticker. If it appears obvious that the individual is

7 unable to do 1 or more of the acts listed in subdivisions (a) to

8 (d), the individual shall not be required to present a

9 certification by a physician, or a physician assistant, or a

10 certified nurse practitioner attesting to the nature and

11 estimated duration of the applicant's disabling condition or

12 verifying that the applicant qualifies for a free parking

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

14 the applicant is a licensed driver and the physician, or

15 physician assistant, or certified nurse practitioner certifies

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

17 physician, or a physician assistant, or a certified nurse

18 practitioner, it is obvious that the applicant is unable to do 1

19 or more of the following:

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

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

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

23 hands.

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

25 the ground, due to a lack of finger, hand, or upper extremity

26 strength or mobility.

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

1 wheelchair or other device.

2 (d) Walk more than 20 feet due to an orthopedic,

3 neurological, cardiovascular, or lung condition in which the

4 degree of debilitation is so severe that it almost completely

5 impedes the ability to walk.

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

7 publicly owned parking structure or area, a vehicle must properly

8 display 1 of the following:

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

10 issued pursuant to this act.

11 (b) A valid certificate of identification issued before

12 October 1, 1994.

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

14 (d) A certificate of identification issued by another state.

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

16 another state.

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

18 disabilities attached issued by another state.

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

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

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

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

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

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

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

26 parking sticker.

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

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

2 person certified as having an incapacity described in subsection

3 (7).

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

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

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

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

8 under the direction of a disabled person pursuant to this

9 section.

10 (13) A certificate of identification issued before February

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

12 dashboard of the parked vehicle.

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

14 the special privileges conferred upon a holder of a certificate

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

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

17 imposed, may confiscate the serially numbered certificate of

18 identification, windshield placard, or free parking sticker and

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

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

21 receipt of a certificate of identification, windshield placard,

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

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

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

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

26 submits a completed application and presents a current medical

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

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

2 windshield placard, or free parking sticker may immediately

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

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

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

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

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

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

9 windshield placard, free parking sticker, special registration

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

11 section 803d, or section 803f, is guilty of a misdemeanor,

12 punishable by a fine of not more than $500.00 or imprisonment for

13 not more than 30 days, or both.

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

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

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

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

18 (a) Using a certificate of identification, windshield

19 placard, or free parking sticker issued under this section or by

20 another state to provide transportation to a disabled person,

21 when the person is not providing transportation to a disabled

22 person.

23 (b) Altering, modifying, or selling a certificate of

24 identification, windshield placard, or free parking sticker

25 issued under this section or by another state.

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

27 windshield placard, or free parking sticker described in this

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

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

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

4 not less than $250.00.

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

6 windshield placard, or free parking sticker described in this

7 section.

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

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

10 sticker described in this section, a special registration plate

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

12 section 803f.

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

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

15 secretary of state.

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

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

18 (18) A certificate of identification issued before October 1,

19 1994 and containing an expiration date is valid for free parking

20 in a space controlled or regulated by a meter on a public highway

21 or in a publicly owned parking area or structure when the time

22 for parking indicated on the meter has expired, or in a parking

23 space clearly identified by an official sign as being reserved

24 for use by disabled persons that is on public property or private

25 property available for public use, until the expiration date

26 printed on the certificate. The certificate expires and shall be

27 canceled on its expiration date.

1 (19) A certificate of identification issued before October 1,

2 1994 that does not contain an expiration date expires and shall

3 be canceled on October 1, 1994.

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

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

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

7 windshield placard, free parking sticker, or certificate of

8 identification under any of the following circumstances:

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

10 placard, free parking sticker, or certificate of identification

11 was fraudulently or erroneously issued.

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

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

14 free parking sticker, or certificate of identification.

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

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

17 presentation and is not paid upon reasonable notice or demand or

18 that the required fee is paid by an invalid credit card.

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

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

21 parking sticker, or certificate of identification.

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

23 committed an offense under this act involving a windshield

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

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

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

27 windshield placard, free parking sticker, or certificate of

1 identification for that violation.

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

3 or foreign country that a windshield placard, free parking

4 sticker, or certificate of identification issued by the secretary

5 of state has been surrendered by the owner or seized in

6 conformity with the laws of that other state or foreign country,

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

8 of that other state or foreign country.

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

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

11 notice and an opportunity to be heard.

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

13 bear the disabled person's driver's or chauffeur's license number

14 or the number on his or her official state personal

15 identification card issued under 1972 PA 222, MCL 28.291 to

16 28.300.

17 (24) For purposes of this section only, the secretary of

18 state may accept an application for a windshield placard, special

19 registration plate, or free parking sticker from a disabled

20 person that is signed by a physician, or physician assistant,

21 or certified nurse practitioner licensed or certified to practice

22 in another state if the application is accompanied by a copy of

23 that physician's, or physician assistant's, or certified nurse

24 practitioner's current medical license or certification issued by

25 that state.

26 (25) This section does not require new or additional third

27 party reimbursement or worker's compensation benefits for