HOUSE BILL No. 5454

 

March 6, 2012, Introduced by Reps. Roy Schmidt, Slavens, Lyons, Wayne Schmidt, Foster, Haveman, Byrum, Geiss, Yonker and Lipton and referred to the Committee on Judiciary.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

(MCL 257.1 to 257.923) by adding section 751.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 751. (1) Except as otherwise provided in this section, a

 

law enforcement agency shall not use an unmanned traffic monitoring

 

device to detect or enforce any of the following:

 

     (a) Moving violations involving traffic signs, signals, or

 

markings.

 

     (b) Speed limitations.

 

     (c) Proof of financial responsibility requirements.

 

     (2) Subsection (1) does not apply to any of the following:

 

     (a) Railroad crossing violations under sections 667 and 667a.

 

     (b) A law enforcement officer's issuance of a citation if both

 


of the following conditions are met:

 

     (i) The law enforcement officer is present with the unmanned

 

traffic monitoring device.

 

     (ii) The law enforcement officer issues the citation to the

 

violator at the time and place of the violation.

 

     (3) This section does not apply to an officer of the

 

department of state police who is enforcing state or federal motor

 

carrier laws.

 

     (4) As used in this section, "unmanned traffic monitoring

 

device" means a system that uses a photo-radar device that detects

 

and photographs or records an image of a vehicle used in committing

 

a violation described in subsection (1), or of the operator or

 

license plate of the vehicle.