May 12, 2009, Introduced by Reps. LeBlanc, Mayes, Gonzales, Espinoza, Sheltrown, Leland, Miller, Dean, Byrum and Genetski and referred to the Committee on Regulatory Reform.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 312a, 658, and 907 (MCL 257.312a, 257.658, and
257.907), section 658 as amended by 2002 PA 494 and section 907 as
amended by 2008 PA 463, and by adding sections 658c and 658d; and
to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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. Before January 1, 2013, a
person who violates this subsection is responsible for a civil
infraction and may be fined not more than $200.00. On and after
January 1, 2013, a person who violates this subsection is
responsible for a civil infraction and may be fined not more than
$100.00.
(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 or she is competent to operate a moped with safety.
The secretary of state shall not require a road test before
issuance
of issuing a special restricted license to operate a
moped.
(3)
A special restricted license to operate a moped shall
expire
expires on the birthday of the person to whom it is issued
in
the fourth year following the date of issuance it is issued. 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. 658. (1) A person propelling a bicycle or operating a
motorcycle or moped shall not ride other than upon and astride a
permanent and regular seat attached to that vehicle.
(2) A bicycle or motorcycle shall not be used to carry more
persons at 1 time than the number for which it is designed and
equipped.
(3) A moped or an electric personal assistive mobility device
shall not be used to carry more than 1 person at a time.
(4)
A Except as provided in
section 658c, a person operating
or
riding on a motorcycle , and
any person less than 19 years of
age operating a moped on a public thoroughfare shall wear a crash
helmet on his or her head. Crash helmets shall be approved by the
department of state police. The department of state police shall
promulgate
rules for the implementation of to
implement this
section
pursuant to under the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328. Rules in effect on June 1,
1970,
shall apply to helmets required by this act. This subsection
does not apply to a person operating or riding in an autocycle if
the
vehicle is equipped with a roof which that meets or exceeds
standards for a crash helmet. A person who operates or rides on a
motorcycle in violation of this subsection is responsible for a
civil infraction and may be fined not more than $300.00.
(5) A person operating or riding in an autocycle shall wear
seat belts when on a public highway in this state.
Sec. 658c. (1) The helmet requirements under section 658(4) do
not apply to a motorcycle operator if the motorcycle operator is
exempt under subsection (6) or if all of the following conditions
are satisfied:
(a) He or she is 21 years of age or older.
(b) He or she has been licensed under this act to operate a
motorcycle for not less than 2 years or has successfully completed
a motorcycle safety course under section 811a or 811b.
(c) He or she has in effect security in the amount of
$20,000.00 for the payment of first-party medical benefits payable
if he or she is involved in a motorcycle accident as provided in
section 3103 of the insurance code of 1956, 1956 PA 218, MCL
500.3103.
(d) He or she carries a valid permit obtained under subsection
(3).
(2) The helmet requirements under section 658(4) do not apply
to a passenger on a motorcycle if both of the following conditions
are satisfied:
(a) The motorcycle operator has satisfied all of the
requirements listed under subsection (1) or is exempt under
subsection (6).
(b) The passenger is 21 years of age or older.
(3) A person shall obtain a permit under this subsection from
the secretary of state before operating a motorcycle on a public
street or highway in this state without wearing a crash helmet upon
his or her head. The secretary of state shall issue a permit under
this subsection if the person has satisfied all of the requirements
under subsection (1) and pays 1 of the following fees:
(a) $100.00 annually for a permit that is valid for a period
of 1 year.
(b) $200.00 for a permit that is valid for 3 years.
(4) A permit issued under subsection (3) shall contain all of
the following:
(a) The person's name, address, and date of birth.
(b) The date when the permit expires.
(c) The following statement: "A person who operates a
motorcycle on a public street or highway in this state without
wearing a crash helmet who fails to produce a valid permit issued
under MCL 257.658c upon the request of a peace officer is in
violation of MCL 257.658(4), a civil infraction for which the
person may be fined not more than $300.00.".
(d) Any other information required by the secretary of state.
(5) Upon request, the secretary of state shall issue a permit
sticker to the registered owner of a motorcycle for application on
the registration plate of the motorcycle if the registered owner of
the motorcycle satisfies all of the requirements under subsection
(1) and presents a valid permit issued under subsection (3). A
permit sticker issued under this subsection shall bear the
expiration date of the permit.
(6) The helmet requirements under section 658(4) do not apply
to a motorcycle operator who is not a resident of this state and
who is the owner of the motorcycle he or she is operating.
(7) The secretary of state shall deposit the money collected
from fees paid for permits under subsection (3) to the motorcycle
crash helmet permit fee fund created under section 658d.
Sec. 658d. The motorcycle crash helmet permit fee fund is
created within the state treasury. The state treasurer may receive
money or other assets from any source for deposit into the fund and
shall direct the investment of the fund. The state treasurer shall
credit to the fund interest and earnings from fund investments.
Money in the fund at the close of the fiscal year shall remain in
the fund and shall not lapse to the general fund. The secretary of
state shall be the administrator of the fund for auditing purposes.
The secretary of state shall annually expend money from the fund,
upon appropriation, only as follows:
(a) The first $5,000,000.00 deposited into the fund shall be
paid to the commission on law enforcement standards created under
the commission on law enforcement standards act, 1965 PA 203, MCL
28.601 to 28.616, to defray the cost of developing and implementing
minimum training standards concerning the enforcement of section
658c.
(b) After the money described in subdivision (a) is paid as
prescribed under that subdivision, the next $1,000,000.00 shall be
paid to the secondary road patrol and training fund created in
section 629e.
(c) After the money described in subdivisions (a) and (b) is
paid as prescribed under those subdivisions, the remainder of the
money deposited into the fund shall be paid to the traffic law
enforcement and safety fund created in section 819a.
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 on and after 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 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. Before January 1, 2013, for
a violation of section 312a(1), the civil fine ordered under this
section shall be not more than $200.00; beginning on and after
January 1, 2013, not more than $100.00. 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
658(4) involving an operator of or a passenger on a motorcycle, the
civil fine ordered under this subsection shall be not more than
$300.00. 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 violation of section 319f(1), the civil
fine ordered under this section shall be not less than $1,100.00 or
more than $2,750.00. 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)(b) 319g(1)(g), the
civil fine ordered under this section shall be not less than
$2,750.00 or more than $11,000.00. 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 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 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. If a person is determined to be responsible or
responsible "with explanation" for a civil infraction under section
319g or a local ordinance substantially corresponding to section
319g, that person shall be ordered to pay costs as provided in
subsection (4) and a civil fine of not more than $10,000.00.
(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 under 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.
Enacting section 1. Sections 658c and 658d of the Michigan
vehicle code, 1949 PA 300, MCL 257.658c and 257.658d, are repealed
effective January 1, 2013.