May 26, 2016, Introduced by Reps. Cole, Rendon and Johnson and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 217, 217a, 224, 226, 255, 256, 801, 801g,
801j, and 802 (MCL 257.217, 257.217a, 257.224, 257.226, 257.255,
257.256, 257.801, 257.801g, 257.801j, and 257.802), section 217 as
amended by 2014 PA 290, section 217a as amended by 2015 PA 73,
section 224 as amended by 2013 PA 179, section 226 as amended by
2004 PA 163, section 255 as amended by 2003 PA 9, section 256 as
amended by 1987 PA 34, section 801 as amended by 2015 PA 174,
section 801g as amended by 2011 PA 159, section 801j as amended by
2014 PA 171, and section 802 as amended by 2015 PA 78.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 217. (1) An owner of a vehicle that is subject to
2 registration under this act shall apply to the secretary of state,
3 upon an appropriate form furnished by the secretary of state, for
1 the registration of the vehicle and issuance of a certificate of
2 title for the vehicle. A vehicle brought into this state from
3 another state or jurisdiction that has a rebuilt, salvage, scrap,
4 flood, or comparable certificate of title issued by that other
5 state or jurisdiction shall be issued a rebuilt, salvage, scrap, or
6 flood certificate of title by the secretary of state. The
7 application shall be accompanied by the required fee. An
8 application for a certificate of title shall bear the signature or
9 verification and certification of the owner. The application shall
10 contain all of the following:
11 (a) The owner's name, the owner's bona fide residence, and
12 either of the following:
13 (i) If the owner is an individual, the owner's mailing
14 address.
15 (ii) If the owner is a firm, association, partnership, limited
16 liability company, or corporation, the owner's business address.
17 (b) A description of the vehicle including the make or name,
18 style of body, and model year; the number of miles, not including
19 the tenths of a mile, registered on the vehicle's odometer at the
20 time of transfer; whether the vehicle is a flood vehicle or another
21 state previously issued the vehicle a flood certificate of title;
22 whether the vehicle is to be or has been used as a taxi or police
23 vehicle, or by a political subdivision of this state, unless the
24 vehicle is owned by a dealer and loaned or leased to a political
25 subdivision of this state for use as a driver education vehicle;
26 whether the vehicle has previously been issued a salvage or rebuilt
27 certificate of title from this state or a comparable certificate of
1 title from any other state or jurisdiction; vehicle identification
2 number; and the vehicle's weight fully equipped, if a passenger
3 vehicle registered in accordance with section 801(1)(a), and, if a
4 trailer coach or pickup camper, in addition to the weight, the
5 manufacturer's serial number, or in the absence of the serial
6 number, a number assigned by the secretary of state. A number
7 assigned by the secretary of state shall be permanently placed on
8 the trailer coach or pickup camper in the manner and place
9 designated by the secretary of state.
10 (c) A statement of the applicant's title and the names and
11 addresses of the holders of security interests in the vehicle and
12 in an accessory to the vehicle, in the order of their priority.
13 (d) Further information that the secretary of state reasonably
14 requires to enable the secretary of state to determine whether the
15 vehicle is lawfully entitled to registration and the owner entitled
16 to a certificate of title. If the secretary of state is not
17 satisfied as to the ownership of a vehicle having a value over
18 $2,500.00 or that is less than 10 years old, before registering the
19 vehicle and issuing a certificate of title, the secretary of state
20 may require the applicant to file a properly executed surety bond
21 in a form prescribed by the secretary of state and executed by the
22 applicant and a company authorized to conduct a surety business in
23 this state. The bond shall be in an amount equal to twice the value
24 of the vehicle as determined by the secretary of state and shall be
25 conditioned to indemnify or reimburse the secretary of state, any
26 prior owner, and any subsequent purchaser or lessee of the vehicle
27 and their successors in interest against any expense, loss, or
1 damage, including reasonable attorney's fees, by reason of the
2 issuance of a certificate of title for the vehicle or on account of
3 any defect in the right, title, or interest of the applicant in the
4 vehicle. An interested person has a right of action to recover on
5 the bond for a breach of the conditions of the bond, but the
6 aggregate liability of the surety to all persons shall not exceed
7 the amount of the bond. If the secretary of state is not satisfied
8 as to the ownership of a vehicle that is valued at $2,500.00 or
9 less and that is 10 years old or older, the secretary of state
10 shall require the applicant to certify that the applicant is the
11 owner of the vehicle and entitled to register and title the
12 vehicle.
13 (e) Except as provided in subdivision (f), an application for
14 a commercial vehicle shall also have attached a scale weight
15 receipt of the motor vehicle fully equipped as of the time the
16 application is made. A scale weight receipt is not necessary if
17 there is presented with the application a registration receipt of
18 the previous year that shows on its face the empty weight of the
19 motor vehicle as registered with the secretary of state that is
20 accompanied by a statement of the applicant that there has not been
21 structural change in the motor vehicle that has increased the empty
22 weight and that the previous registered weight is the true weight.
23 (f) An application for registration of a vehicle on the basis
24 of elected gross weight shall include a declaration by the
25 applicant specifying the elected gross weight for which application
26 is being made.
27 (g) If the application is for a certificate of title of a
1 motor vehicle registered in accordance with section 801(1)(p),
2 801(1)(q), the application shall include the manufacturer's
3 suggested base list price for the model year of the vehicle. The
4 base list price shall be the manufacturer's suggested retail price
5 as shown on the label required to be affixed to the vehicle under
6 15 USC 1232. If the manufacturer's suggested retail price is
7 unavailable, the application shall list the purchase price of the
8 vehicle as defined in section 801.
9 (2) An applicant for registration of a leased pickup truck or
10 passenger vehicle that is subject to registration under this act,
11 except a vehicle that is subject to a registration fee under
12 section 801g, shall disclose in writing to the secretary of state
13 the lessee's name, the lessee's bona fide residence, and either of
14 the following:
15 (a) If the lessee is an individual, the lessee's Michigan
16 driver license number or Michigan personal identification number
17 or, if the lessee does not have a Michigan driver license or
18 Michigan personal identification number, the lessee's mailing
19 address.
20 (b) If the lessee is a firm, association, partnership, limited
21 liability company, or corporation, the lessee's business address.
22 (3) The secretary of state shall maintain the information
23 described in subsection (2) on the secretary of state's computer
24 records.
25 (4) Except as provided in subsection (5), a dealer selling,
26 leasing, or exchanging vehicles required to be titled, within 15
27 days after delivering a vehicle to the purchaser or lessee, and a
1 person engaged in the sale of vessels required to be numbered by
2 part 801 of the natural resources and environmental protection act,
3 1994 PA 451, MCL 324.80101 to 324.80199, within 15 days after
4 delivering a boat trailer weighing less than 2,500 pounds to the
5 purchaser or lessee, shall apply to the secretary of state for a
6 new title, if required, and transfer or secure registration plates
7 and secure a certificate of registration for the vehicle or boat
8 trailer, in the name of the purchaser or lessee. The dealer's
9 license may be suspended or revoked in accordance with section 249
10 for failure to apply for a title when required or for failure to
11 transfer or secure registration plates and certificate of
12 registration within the 15 days required by this section. If the
13 dealer or person fails to apply for a title when required, and to
14 transfer or secure registration plates and secure a certificate of
15 registration and pay the required fees within 15 days of delivery
16 of the vehicle or boat trailer, a title and registration for the
17 vehicle or boat trailer may subsequently be acquired only upon the
18 payment of a late transfer fee of $15.00 for an individual or a
19 dealer other than a dealer subject to section 235b in addition to
20 the fees specified in section 806. For a used or secondhand vehicle
21 dealer subject to section 235b, the late transfer fee is $100.00 in
22 addition to the fees specified in section 806. The purchaser or
23 lessee of the vehicle or the purchaser of the boat trailer shall
24 sign the application, including, if applicable, the declaration
25 specifying the maximum elected gross weight as required by
26 subsection (1)(f), and other necessary papers to enable the dealer
27 or person to secure the title, registration plates, and transfers
1 from the secretary of state. If the secretary of state mails or
2 delivers a purchaser's certificate of title to a dealer, the dealer
3 shall mail or deliver the certificate of title to the purchaser not
4 more than 5 days after receiving the certificate of title from the
5 secretary of state. However, as provided under section 238, the
6 secretary of state is not required to issue a title to the owner of
7 a vehicle or lienholder if the title is subject to a security
8 interest.
9 (5) A dealer selling or exchanging an off lease or buy back
10 vehicle shall apply to the secretary of state for a new title for
11 the vehicle within 15 days after it receives the certificate of
12 title from the lessor or manufacturer under section 235 or section
13 235b and transfer or secure registration plates and secure a
14 certificate of registration for the vehicle in the name of the
15 purchaser. The dealer's license may be suspended or revoked in
16 accordance with section 249 for failure to apply for a title when
17 required or for failure to transfer or secure registration plates
18 and certificate of registration within the 15-day period. If the
19 dealer or person fails to apply for a title when required, and to
20 transfer or secure registration plates and secure a certificate of
21 registration and pay the required fees within the 15-day time
22 period, a title and registration for the vehicle may subsequently
23 be acquired only upon the payment of a late transfer fee of $15.00
24 for an individual or dealer other than a used or secondhand vehicle
25 dealer subject to section 235b in addition to the fees specified in
26 section 806. The late transfer fee for a used or secondhand vehicle
27 dealer subject to section 235b is $100.00 in addition to the fees
1 specified in section 806. The purchaser of the vehicle shall sign
2 the application, including, if applicable, the declaration
3 specifying the maximum elected gross weight as required by
4 subsection (1)(f), and other necessary papers to enable the dealer
5 or person to secure the title, registration plates, and transfers
6 from the secretary of state. If the secretary of state mails or
7 delivers a purchaser's certificate of title to a dealer, the dealer
8 shall mail or deliver the certificate of title to the purchaser not
9 more than 5 days after receiving the certificate of title from the
10 secretary of state. However, as provided under section 238, the
11 secretary of state is not required to issue a title to the owner of
12 a vehicle if the title is subject to a security interest.
13 (6) If a vehicle is delivered to a purchaser or lessee who has
14 valid Michigan registration plates that are to be transferred to
15 the vehicle, and an application for title, if required, and
16 registration for the vehicle is not made before delivery of the
17 vehicle to the purchaser or lessee, the registration plates shall
18 be affixed to the vehicle immediately, and the dealer shall provide
19 the purchaser or lessee with an instrument in writing, on a form
20 prescribed by the secretary of state, which shall serve as a
21 temporary registration for the vehicle for a period of 15 days from
22 the date the vehicle is delivered.
23 (7) If the seller does not prepare the credit information,
24 contract note, and mortgage, and the holder, finance company,
25 credit union, or banking institution requires the installment
26 seller to record the lien on the title, the holder, finance
27 company, credit union, or banking institution shall pay the seller
1 a service fee of not more than $10.00. The service fee shall be
2 paid from the finance charges and shall not be charged to the buyer
3 in addition to the finance charges. The holder, finance company,
4 credit union, or banking institution shall issue its check or bank
5 draft for the principal amount financed, payable jointly to the
6 buyer and seller, and there shall be imprinted on the back side of
7 the check or bank draft the following:
8 "Under Michigan law, the seller must record a first lien in
9 favor of (name of lender) _______________ on the vehicle with
10 vehicle identification number _______________ and title the vehicle
11 only in the name(s) shown on the reverse side."
12 (8) On the front of the check or draft described under
13 subsection (7), the holder, finance company, credit union, or
14 banking institution shall note the name or names of the prospective
15 owners. Failure of the holder, finance company, credit union, or
16 banking institution to comply with these requirements frees the
17 seller from any obligation to record the lien or from any liability
18 that may arise as a result of the failure to record the lien. A
19 service fee shall not be charged to the buyer.
20 (9) In the absence of actual malice proved independently and
21 not inferred from lack of probable cause, a person who in any
22 manner causes a prosecution for larceny of a motor vehicle; for
23 embezzlement of a motor vehicle; for any crime an element of which
24 is the taking of a motor vehicle without authority; or for buying,
25 receiving, possessing, leasing, or aiding in the concealment of a
26 stolen, embezzled, or converted motor vehicle knowing that the
27 motor vehicle has been stolen, embezzled, or converted, is not
1 liable for damages in a civil action for causing the prosecution.
2 This subsection does not relieve a person from proving any other
3 element necessary to sustain his or her cause of action.
4 (10) Receipt by the secretary of state of a properly tendered
5 application for a certificate of title on which a security interest
6 in a vehicle is to be indicated is a condition of perfection of a
7 security interest in the vehicle and is equivalent to filing a
8 financing statement under the uniform commercial code, 1962 PA 174,
9 MCL 440.1101 to 440.9994, with respect to the vehicle. When a
10 security interest in a vehicle is perfected, it has priority over
11 the rights of a lien creditor as lien creditor is defined in
12 section 9102 of the uniform commercial code, 1962 PA 174, MCL
13 440.9102.
14 Sec. 217a. (1) A person who holds an unexpired technician,
15 general, conditional, advanced, or extra class amateur radio
16 license issued by the Federal Communications Commission may make
17 application directly to the secretary of state for a registration
18 plate inscribed with the official amateur radio call letters of the
19 applicant as assigned by the Federal Communications Commission.
20 (2) The applicant shall prove to the satisfaction of the
21 secretary of state that the applicant holds an unexpired amateur
22 radio license. In addition to the regular registration fee, the
23 applicant shall pay a service fee of $2.00. The $2.00 fee shall be
24 credited to the transportation administration collection fund
25 created under section 810b through October 1, 2019. A registration
26 plate may be issued under this section for a motor vehicle that
27 bears a registration taxed under section 801(1)(a) or (p).(q).
1 (3) If a registration plate issued under this section is used
2 on a vehicle other than the vehicle for which the registration
3 plate was issued, the owner of the registration plate is guilty of
4 a misdemeanor and the registration plate shall be surrendered to
5 the secretary of state. A holder of a registration plate whose
6 amateur radio license is not in full force and effect shall
7 immediately surrender the registration plate issued under this
8 section to the secretary of state and obtain a regular registration
9 plate.
10 (4) An application for a registration plate issued under this
11 section shall be submitted to the secretary of state under section
12 217. The expiration date for plates issued under this section is
13 the date determined under section 226.
14 Sec. 224. (1) Except as otherwise provided in this act
15 regarding tabs or stickers, upon registering a vehicle, the
16 secretary of state shall issue to the owner 1 registration plate.
17 (2) A registration plate shall display the registration number
18 assigned to the vehicle for which the registration plate is issued;
19 the name of this state, which may be abbreviated; and when the
20 registration plate expires, which may be shown by a tab or sticker
21 furnished by the secretary of state.
22 (3) A registration plate issued for motor vehicles owned and
23 operated by this state; a state institution; a municipality; a
24 privately incorporated, nonprofit volunteer fire department; or a
25 nonpublic, nonprofit college or university of this state shall not
26 expire at any particular time but shall be renewed when the
27 registration plate is worn out or is illegible. This registration
1 plate shall be assigned upon proper application and payment of the
2 applicable fee and may be used on any eligible vehicle titled to
3 the applicant if a written record is kept of the vehicles upon
4 which the registration plate is used. The written record shall
5 state the time the registration plate is used on a particular
6 vehicle. The record shall be open to inspection by a law
7 enforcement officer or a representative of the secretary of state.
8 (4) A registration plate issued for a vehicle owned by the
9 civil air patrol as organized under 36 USC 201 to 208; 36 USC 40301
10 to 40307; a vehicle owned by a nonprofit organization and used to
11 transport equipment for providing dialysis treatment to children at
12 camp; an emergency support vehicle used exclusively for emergencies
13 and owned and operated by a federally recognized nonprofit
14 charitable organization; a vehicle owned and operated by a
15 nonprofit veterans center; a motor vehicle having a truck chassis
16 and a locomotive or ship's body which is owned by a nonprofit
17 veterans organization and used exclusively in parades and civic
18 events; a vehicle owned and operated by a nonprofit recycling
19 center or a federally recognized nonprofit conservation
20 organization until December 31, 2000; a motor vehicle owned and
21 operated by a senior citizen center; and a registration plate
22 issued for buses including station wagons, carryalls, or similarly
23 constructed vehicles owned and operated by a nonprofit parents'
24 transportation corporation used for school purposes, parochial
25 school, society, church Sunday school, or other grammar school, or
26 by a nonprofit youth organization or nonprofit rehabilitation
27 facility shall be issued upon proper application and payment of the
1 applicable tax provided in section 801(1)(g) 801(1)(h) or (h) (i)
2 to the applicant for the vehicle identified in the application. The
3 vehicle shall be used exclusively for activities of the school or
4 organization and shall be designated by proper signs showing the
5 school or organization operating the vehicle. The registration
6 plate shall expire on December 31 in the fifth year following the
7 date of issuance. The registration plate may be transferred to
8 another vehicle upon proper application and payment of a $10.00
9 transfer fee.
10 (5) The department shall offer a standard design registration
11 plate that complies with the requirements of this act. The standard
12 design registration plate shall be of a common color scheme and
13 design that is made of fully reflectorized material and shall be
14 clearly visible at night.
15 (6) The department may use the Pure Michigan brand or a
16 successor or similar brand that is used in conjunction with this
17 state's promotion, travel, and tourism campaigns or marketing
18 efforts as part of the standard design for registration plates.
19 (7) The registration plate and the required letters and
20 numerals on the registration plate shall be of sufficient size to
21 be plainly readable from a distance of 100 feet during daylight.
22 The secretary of state may issue a tab or tabs designating the
23 month and year of expiration.
24 (8) The secretary of state shall issue for every passenger
25 motor vehicle rented without a driver the same type of registration
26 plate as the type of registration plate issued for private
27 passenger vehicles.
1 (9) A person shall not operate a vehicle on the public
2 highways or streets of this state displaying a registration plate
3 other than the registration plate issued for the vehicle by the
4 secretary of state, except as provided in this chapter for
5 nonresidents, or by assignment as provided in subsection (3).
6 (10) The registration plate displayed on a vehicle registered
7 on the basis of elected gross weight shall indicate the elected
8 gross weight for which the vehicle is registered.
9 (11) Beginning on January 1, 2015, a registration plate issued
10 by the department under this section shall not be renewed 10 years
11 after the date that registration plate was issued. The owner of a
12 vehicle whose registration plate is no longer eligible for renewal
13 under this subsection shall obtain a replacement registration plate
14 upon payment of the fee required under section 804. For any
15 alphanumeric series that the department has retired from
16 circulation, upon request of the owner of a vehicle whose
17 registration plate is no longer eligible for renewal under this
18 subsection, the department may issue a new registration plate with
19 the same registration number as was displayed on the expired
20 registration plate as provided under section 803b.
21 (12) The secretary of state, in conjunction with the
22 department of corrections, the Michigan state police, the Michigan
23 sheriffs' association, Sheriffs'
Association, 1 individual
24 appointed by the speaker of the house of representatives, and 1
25 individual appointed by the senate majority leader, shall prepare a
26 report analyzing the viability of moving from the current
27 registration plate production process to a digital printing of
1 registration plates. The secretary of state shall submit the report
2 to the standing committees of the senate and house of
3 representatives with primary responsibility for transportation
4 issues no later than December 31, 2013.
5 Sec. 226. (1) A vehicle registration issued by the secretary
6 of state expires on the owner's birthday, unless another expiration
7 date is provided for under this act or unless the registration is
8 for the following vehicles, in which case registration expires on
9 the last day of February:
10 (a) A commercial vehicle except for a commercial vehicle
11 issued a registration under the international registration plan or
12 a pickup truck or van owned by an individual.
13 (b) Except for a trailer or semitrailer issued a registration
14 under the international registration plan, a trailer or semitrailer
15 owned by a business, corporation, or person other than an
16 individual; or a pole trailer.
17 (2) Until February 1, 2005, the expiration date for a
18 registration issued for a motorcycle is March 31. Beginning
19 February 1, 2005, the expiration date for a registration issued for
20 a motorcycle is the motorcycle owner's birthday.
21 (3) The expiration date for a registration bearing the letters
22 "SEN" or "REP" is February 1.
23 (4) In the case of a vehicle owned by a business, corporation,
24 or an owner other than an individual, the secretary of state may
25 assign or reassign the expiration date of the registration.
26 (5) The secretary of state shall do all of the following:
27 (a) After the October 1 immediately preceding the year
1 designated on the registration, issue a registration upon
2 application and payment of the proper fee for a commercial vehicle,
3 other than a pickup or van owned by an individual; or a trailer
4 owned by a business, corporation, or person other than an
5 individual.
6 (b) Beginning 60 days before the expiration date assigned on
7 an international registration plan registration plate, issue a
8 registration under section 801g upon application and payment of the
9 proper apportioned fee for a commercial vehicle engaged in
10 interstate commerce.
11 (c) Beginning 45 days before the owner's birthday and 120 days
12 before the expiration date assigned by the secretary of state,
13 issue a registration for a vehicle other than those designated in
14 subsection (1)(a) or (b). However, if an owner whose registration
15 period begins 45 days before his or her birthday will be out of the
16 state during the 45 days immediately preceding expiration of a
17 registration or for other good cause shown cannot apply for a
18 renewal registration within the 45-day period, application for a
19 renewal registration may be made not more than 6 months before
20 expiration.
21 (6) Except as otherwise provided in this subsection, the
22 secretary of state, upon application and payment of the proper fee,
23 shall issue a registration for a vehicle or a motorcycle to a
24 resident that shall expire on the owner's birthday. If the owner's
25 next birthday is at least 6 months but not more than 12 months in
26 the future, the owner shall receive a registration valid until the
27 owner's next birthday. If the owner's next birthday is less than 6
1 months in the future, the owner shall receive a registration valid
2 until the owner's birthday following the owner's next birthday. The
3 tax required under this act for a registration described in this
4 subsection shall be either of the following:
5 (a) For an original registration, the tax shall bear the same
6 relationship to the tax required under section 801 for a 12-month
7 registration as the length of the registration bears to 12 months.
8 (b) For a renewal of a registration, either of the following:
9 (i) For a registration that is for at least 6 months but not
10 more than 12 months, the same amount as for 12 months.
11 (ii) For a renewal of a registration that is for more than 12
12 months, 2 times the amount for 12 months.
13 Partial months shall be considered as whole months in the
14 calculation of the required tax and in the determination of the
15 length of time between the application for a registration and the
16 owner's next birthday. The tax required for that registration shall
17 be rounded off to whole dollars as provided in section 801.
18 (7) A certificate of title shall remain valid until canceled
19 by the secretary of state for cause or upon a transfer of an
20 interest shown on the certificate of title.
21 (8) The secretary of state, upon request, shall issue special
22 registration for commercial vehicles, valid for 6 months after the
23 date of issue, if the full registration fee exceeds $50.00, on the
24 payment of 1/2 the full registration fee and a service charge as
25 enumerated in section 802(1).
26 (9) The secretary of state may issue a special registration
27 for each of the following:
1 (a) A new vehicle purchased or leased outside of this state
2 and delivered in this state to the purchaser or lessee by the
3 manufacturer of that vehicle for removal to a place outside of this
4 state, if a certification is made that the vehicle will be
5 primarily used, stored, and registered outside of this state and
6 will not be returned to this state by the purchaser or lessee for
7 use or storage.
8 (b) A vehicle purchased or leased in this state and delivered
9 to the purchaser or lessee by a dealer or by the owner of the
10 vehicle for removal to a place outside of this state, if a
11 certification is made that the vehicle will be primarily used,
12 stored, and registered outside of this state and will not be
13 returned to this state by the purchaser or lessee for use or
14 storage.
15 (10) A special registration issued under subsection (9) is
16 valid for not more than 14 days after the date of issuance, and a
17 fee shall be collected for each special registration as provided in
18 section 802(3). The special registration may be in the form
19 determined by the secretary of state. If a dealer makes a retail
20 sale or lease of a vehicle to a purchaser or lessee who is
21 qualified and eligible to obtain a special registration, the dealer
22 shall apply for the special registration for the purchaser or
23 lessee. If a person other than a dealer sells or leases a vehicle
24 to a purchaser or lessee who is qualified and eligible to obtain a
25 special registration, the purchaser or lessee shall appear in
26 person, or by a person exercising the purchaser's or lessee's power
27 of attorney, at an office of the secretary of state and furnish a
1 certification that the person is the bona fide purchaser or lessee
2 or that the person has granted the power of attorney, together with
3 other forms required for the issuance of the special registration
4 and provide the secretary of state with proof that the vehicle is
5 covered by a Michigan no-fault insurance policy issued pursuant to
6 section 3101 of the insurance code of 1956, 1956 PA 218, MCL
7 500.3101, or proof that the vehicle is covered by a policy of
8 insurance issued by an insurer pursuant to section 3163 of the
9 insurance code of 1956, 1956 PA 218, MCL 500.3163. The
10 certification required in this subsection shall contain all of the
11 following:
12 (a) The address of the purchaser or lessee.
13 (b) A statement that the vehicle is purchased or leased for
14 registration outside of this state.
15 (c) A statement that the vehicle shall be primarily used,
16 stored, and registered outside of this state.
17 (d) The name of the jurisdiction in which the vehicle is to be
18 registered.
19 (e) Other information requested by the secretary of state.
20 (11) Upon request, the secretary of state may issue a
21 registration valid for 6 months after the date of issuance for use
22 on a trailer or semitrailer weighing 1,500 pounds or less and that
23 is used for recreational purposes, upon payment of 1/2 the full
24 registration fee imposed under section 801(1)(l). This subsection
25 does not apply after October 1, 2003.
26 (11) (12) In
the case of a commercial vehicle, trailer, or
27 semitrailer issued a registration under the international
1 registration plan, the secretary of state in mutual agreement with
2 the owner may assign or reassign the expiration date of the
3 registration. However, the expiration date agreed to shall be
4 either March 31, June 30, September 30, or December 31. Renewals
5 expiring on or after September 30, 1993 shall be for a minimum of
6 at least 12 months if there is a change in the established
7 expiration date.
8 (12) (13) The
expiration date for a multiyear registration
9 issued for a leased vehicle shall be the date the lease expires but
10 shall not be for a period longer than 24 months.
11 Sec. 255. (1) Except as otherwise provided in this chapter, a
12 person shall not operate, nor shall an owner knowingly permit to be
13 operated, upon any highway, a vehicle required to be registered
14 under this act unless there is attached to and displayed on the
15 vehicle, as required by this chapter, a valid registration plate
16 issued for the vehicle by the department for the current
17 registration year. A registration plate shall not be required upon
18 any wrecked or disabled vehicle, or vehicle destined for repair or
19 junking, which is being transported or drawn upon a highway by a
20 wrecker or a registered motor vehicle.
21 (2) Except as otherwise provided in this section, a person who
22 violates subsection (1) is responsible for a civil infraction.
23 However, if the vehicle is a commercial vehicle which is required
24 to be registered according to the schedule of elected gross vehicle
25 weights under section 801(1)(k), 801(1)(l), the
person is guilty of
26 a misdemeanor punishable by imprisonment for not more than 90 days
27 or a fine of not more than $500.00, or both.
1 (3) A person who operates a vehicle licensed under the
2 international registration plan and does not have a valid
3 registration due to nonpayment of the apportioned fee is guilty of
4 a misdemeanor, punishable by imprisonment for not more than 90
5 days, or by a fine of not more than $100.00, or both. In addition,
6 a police officer may impound the vehicle until a valid registration
7 is obtained. If the vehicle is impounded, the towing and storage
8 costs of the vehicle, and the care or preservation of the load in
9 the vehicle shall be the owner's responsibility. Vehicles impounded
10 shall be subject to a lien in the amount of the apportioned fee and
11 any fine and costs incurred under this subsection, subject to a
12 valid lien of prior record. If the apportioned fee, fine, and costs
13 are not paid within 90 days after impoundment, then following a
14 hearing before the judge or magistrate who imposed the fine and
15 costs, the judge or magistrate shall certify the unpaid judgment to
16 the prosecuting attorney of the county in which the violation
17 occurred. The prosecuting attorney shall enforce the lien by
18 foreclosure sale in accordance with the procedure authorized by law
19 for chattel mortgage foreclosures.
20 Sec. 256. (1) A person shall not lend to another person, or
21 knowingly permit the use of, any certificate of title, registration
22 certificate, registration plate, special plate, or permit issued to
23 him or her if the person receiving or using the certificate of
24 title, registration certificate, registration plate, special plate,
25 or permit would not be entitled to the use thereof. A person shall
26 not carry or display upon a vehicle any registration certificate or
27 registration plate not issued for the vehicle or not otherwise
1 lawfully used under this act.
2 (2) Except as otherwise provided in this section, a person who
3 violates this section is guilty of a misdemeanor, punishable by
4 imprisonment for not more than 90 days, or by a fine of not more
5 than $100.00, or both.
6 (3) A person who displays upon a commercial vehicle which is
7 required to be registered according to the schedule of elected
8 gross vehicle weights under section 801(1)(k) 801(1)(l) any
9 registration plate not issued for the vehicle or not otherwise
10 lawfully used under this act is guilty of a misdemeanor, punishable
11 by imprisonment for not more than 90 days, or by a fine of not more
12 than $500.00, or both.
13 Sec. 801. (1) The secretary of state shall collect the
14 following taxes at the time of registering a vehicle, which shall
15 exempt the vehicle from all other state and local taxation, except
16 the fees and taxes provided by law to be paid by certain carriers
17 operating motor vehicles and trailers under the motor carrier act,
18 1933 PA 254, MCL 475.1 to 479.42; the taxes imposed by the motor
19 carrier fuel tax act, 1980 PA 119, MCL 207.211 to 207.234; and
20 except as otherwise provided by this act:
21 (a) For a motor vehicle, including a motor home, except as
22 otherwise provided, and a pickup truck or van that weighs not more
23 than 8,000 pounds, except as otherwise provided, according to the
24 following schedule of empty weights:
25 Empty weights Tax
26 0 to 3,000 pounds..................................$ 29.00
27 3,001 to 3,500 pounds.............................. 32.00
1 3,501 to 4,000 pounds.............................. 37.00
2 4,001 to 4,500 pounds.............................. 43.00
3 4,501 to 5,000 pounds.............................. 47.00
4 5,001 to 5,500 pounds.............................. 52.00
5 5,501 to 6,000 pounds.............................. 57.00
6 6,001 to 6,500 pounds.............................. 62.00
7 6,501 to 7,000 pounds.............................. 67.00
8 7,001 to 7,500 pounds.............................. 71.00
9 7,501 to 8,000 pounds.............................. 77.00
10 8,001 to 8,500 pounds.............................. 81.00
11 8,501 to 9,000 pounds.............................. 86.00
12 9,001 to 9,500 pounds.............................. 91.00
13 9,501 to 10,000 pounds............................. 95.00
14 over 10,000 pounds.....................$ 0.90 per 100 pounds
15 of empty weight
16 On October 1, 1983, and October 1, 1984, the tax assessed
17 under this subdivision shall be annually revised for the
18 registrations expiring on the appropriate October 1 or after that
19 date by multiplying the tax assessed in the preceding fiscal year
20 times the personal income of Michigan for the preceding calendar
21 year divided by the personal income of Michigan for the calendar
22 year that preceded that calendar year. In performing the
23 calculations under this subdivision, the secretary of state shall
24 use the spring preliminary report of the United States Department
25 of Commerce or its successor agency. A van that is owned by an
26 individual who uses a wheelchair or by an individual who transports
27 a member of his or her household who uses a wheelchair and for
1 which registration plates are issued under section 803d shall be
2 assessed at the rate of 50% of the tax provided for in this
3 subdivision.
4 (b) For a trailer coach attached to a motor vehicle, the tax
5 shall be assessed as provided in subdivision (l). (m).
A trailer
6 coach not under 1959 PA 243, MCL 125.1035 to 125.1043, and while
7 located on land otherwise assessable as real property under the
8 general property tax act, 1893 PA 206, MCL 211.1 to 211.155, if the
9 trailer coach is used as a place of habitation, and whether or not
10 permanently affixed to the soil, is not exempt from real property
11 taxes.
12 (c) For a road tractor, modified agricultural vehicle, truck,
13 or truck tractor owned by a farmer and used exclusively in
14 connection with a farming operation, including a farmer hauling
15 livestock or farm equipment for other farmers for remuneration in
16 kind or in labor, but not for money, or used for the transportation
17 of the farmer and the farmer's family, and not used for hire, 74
18 cents per 100 pounds of empty weight of the road tractor, truck, or
19 truck tractor. If the road tractor, modified agricultural vehicle,
20 truck, or truck tractor owned by a farmer is also used for a
21 nonfarming operation, the farmer is subject to the highest
22 registration tax applicable to the nonfarm use of the vehicle but
23 is not subject to more than 1 tax rate under this act.
24 (d) For a road tractor, truck, or truck tractor not used for
25 hire that travels less than 5,000 miles per calendar year, 74 cents
26 per 100 pounds of elected gross weight of the road tractor, truck,
27 or truck tractor, if the registrant provides proof to the secretary
1 of state that he or she has filed IRS form 2290 as required by
2 section 4481 of the internal revenue code, 26 USC 4481, and has
3 declared the road tractor, truck, or truck tractor suspended under
4 part II of IRS form 2290.
5 (e) (d) For
a road tractor, truck, or truck tractor owned by a
6 wood harvester and used exclusively in connection with the wood
7 harvesting operations or a truck used exclusively to haul milk from
8 the farm to the first point of delivery, 74 cents per 100 pounds of
9 empty weight of the road tractor, truck, or truck tractor. A
10 registration secured by payment of the tax prescribed in this
11 subdivision continues in full force and effect until the regular
12 expiration date of the registration. As used in this subdivision:
13 (i) "Wood harvester" includes the person or persons hauling
14 and transporting raw materials in the form produced at the harvest
15 site or hauling and transporting wood harvesting equipment. Wood
16 harvester does not include a person or persons whose primary
17 activity is tree-trimming or landscaping.
18 (ii) "Wood harvesting equipment" includes all of the
19 following:
20 (A) A vehicle that directly harvests logs or timber,
21 including, but not limited to, a processor or a feller buncher.
22 (B) A vehicle that directly processes harvested logs or
23 timber, including, but not limited to, a slasher, delimber,
24 processor, chipper, or saw table.
25 (C) A vehicle that directly processes harvested logs or
26 timber, including, but not limited to, a forwarder, grapple
27 skidder, or cable skidder.
1 (D) A vehicle that directly loads harvested logs or timber,
2 including, but not limited to, a knuckle-boom loader, front-end
3 loader, or forklift.
4 (E) A bulldozer or road grader being transported to a wood
5 harvesting site specifically for the purpose of building or
6 maintaining harvest site roads.
7 (iii) "Wood harvesting operations" does not include the
8 transportation of processed lumber, Christmas trees, or processed
9 firewood for a profit making venture.
10 (f) (e) For
a hearse or ambulance used exclusively by a
11 licensed funeral director in the general conduct of the licensee's
12 funeral business, including a hearse or ambulance whose owner is
13 engaged in the business of leasing or renting the hearse or
14 ambulance to others, $1.17 per 100 pounds of the empty weight of
15 the hearse or ambulance.
16 (g) (f) For
a vehicle owned and operated by this state, a
17 state institution, a municipality, a privately incorporated,
18 nonprofit volunteer fire department, or a nonpublic, nonprofit
19 college or university, $5.00 per plate. A registration plate issued
20 under this subdivision expires on June 30 of the year in which new
21 registration plates are reissued for all vehicles by the secretary
22 of state.
23 (h) (g) For
a bus including a station wagon, carryall, or
24 similarly constructed vehicle owned and operated by a nonprofit
25 parents' transportation corporation used for school purposes,
26 parochial school or society, church Sunday school, or any other
27 grammar school, or by a nonprofit youth organization or nonprofit
1 rehabilitation facility; or a motor vehicle owned and operated by a
2 senior citizen center, $10.00, if the bus, station wagon, carryall,
3 or similarly constructed vehicle or motor vehicle is designated by
4 proper signs showing the organization operating the vehicle.
5 (i) (h) For
a vehicle owned by a nonprofit organization and
6 used to transport equipment for providing dialysis treatment to
7 children at camp; for a vehicle owned by the civil air patrol, as
8 organized under 36 USC 40301 to 40307, $10.00 per plate, if the
9 vehicle is designated by a proper sign showing the civil air
10 patrol's name; for a vehicle owned and operated by a nonprofit
11 veterans center; for a vehicle owned and operated by a nonprofit
12 recycling center or a federally recognized nonprofit conservation
13 organization; for a motor vehicle having a truck chassis and a
14 locomotive or ship's body that is owned by a nonprofit veterans
15 organization and used exclusively in parades and civic events; or
16 for an emergency support vehicle used exclusively for emergencies
17 and owned and operated by a federally recognized nonprofit
18 charitable organization, $10.00 per plate.
19 (j) (i) For
each truck owned and operated free of charge by a
20 bona fide ecclesiastical or charitable corporation, or red cross,
21 girl scout, or boy scout Red
Cross, Girl Scout, or Boy Scout
22 organization, 65 cents per 100 pounds of the empty weight of the
23 truck.
24 (k) (j) For Except
as provided in subdivision (d), for each
25 truck, weighing 8,000 pounds or less, and not used to tow a
26 vehicle, for each privately owned truck used to tow a trailer for
27 recreational purposes only and not involved in a profit making
1 venture, and for each vehicle designed and used to tow a mobile
2 home or a trailer coach, except as provided in subdivision (b),
3 $38.00 or an amount computed according to the following schedule of
4 empty weights, whichever is greater:
5 Empty weights Per 100 pounds
6 0 to 2,500 pounds.............................. $ 1.40
7 2,501 to 4,000 pounds.......................... 1.76
8 4,001 to 6,000 pounds.......................... 2.20
9 6,001 to 8,000 pounds.......................... 2.72
10 8,001 to 10,000 pounds......................... 3.25
11 10,001 to 15,000 pounds........................ 3.77
12 15,001 pounds and over......................... 4.39
13 If the tax required under subdivision (p) (q) for
a vehicle of
14 the same model year with the same list price as the vehicle for
15 which registration is sought under this subdivision is more than
16 the tax provided under the preceding provisions of this subdivision
17 for an identical vehicle, the tax required under this subdivision
18 is not less than the tax required under subdivision (p) (q) for
a
19 vehicle of the same model year with the same list price.
20 (l) (k) For Except as provided in subdivision (d), for each
21 truck weighing 8,000 pounds or less towing a trailer or any other
22 combination of vehicles and for each truck weighing 8,001 pounds or
23 more, road tractor or truck tractor, except as provided in
24 subdivision (j), (k),
as follows:
25 (i) Until December 31, 2016, according to the following
26 schedule of elected gross weights:
1 Elected gross weight Tax
2 0 to 24,000 pounds.............................. $ 491.00
3 24,001 to 26,000 pounds......................... 558.00
4 26,001 to 28,000 pounds......................... 558.00
5 28,001 to 32,000 pounds......................... 649.00
6 32,001 to 36,000 pounds......................... 744.00
7 36,001 to 42,000 pounds......................... 874.00
8 42,001 to 48,000 pounds......................... 1,005.00
9 48,001 to 54,000 pounds......................... 1,135.00
10 54,001 to 60,000 pounds......................... 1,268.00
11 60,001 to 66,000 pounds......................... 1,398.00
12 66,001 to 72,000 pounds......................... 1,529.00
13 72,001 to 80,000 pounds......................... 1,660.00
14 80,001 to 90,000 pounds......................... 1,793.00
15 90,001 to 100,000 pounds........................ 2,002.00
16 100,001 to 115,000 pounds....................... 2,223.00
17 115,001 to 130,000 pounds....................... 2,448.00
18 130,001 to 145,000 pounds....................... 2,670.00
19 145,001 to 160,000 pounds....................... 2,894.00
20 over 160,000 pounds............................. 3,117.00
21 (ii) Beginning on January 1, 2017, according to the following
22 schedule of elected gross weights:
23 Elected gross weight Tax
24 0 to 24,000 pounds.............................. $ 590.00
25 24,001 to 26,000 pounds......................... 670.00
26 26,001 to 28,000 pounds......................... 670.00
1 28,001 to 32,000 pounds......................... 779.00
2 32,001 to 36,000 pounds......................... 893.00
3 36,001 to 42,000 pounds......................... 1,049.00
4 42,001 to 48,000 pounds......................... 1,206.00
5 48,001 to 54,000 pounds......................... 1,362.00
6 54,001 to 60,000 pounds......................... 1,522.00
7 60,001 to 66,000 pounds......................... 1,678.00
8 66,001 to 72,000 pounds......................... 1,835.00
9 72,001 to 80,000 pounds......................... 1,992.00
10 80,001 to 90,000 pounds......................... 2,152.00
11 90,001 to 100,000 pounds........................ 2,403.00
12 100,001 to 115,000 pounds....................... 2,668.00
13 115,001 to 130,000 pounds....................... 2,938.00
14 130,001 to 145,000 pounds....................... 3,204.00
15 145,001 to 160,000 pounds....................... 3,473.00
16 over 160,000 pounds............................. 3,741.00
17 For each commercial vehicle registered under this subdivision,
18 $15.00 shall be deposited in a truck safety fund to be expended as
19 provided in section 25 of 1951 PA 51, MCL 247.675.
20 If a truck tractor or road tractor without trailer is leased
21 from an individual owner-operator, the lessee, whether an
22 individual, firm, or corporation, shall pay to the owner-operator
23 60% of the tax prescribed in this subdivision for the truck tractor
24 or road tractor at the rate of 1/12 for each month of the lease or
25 arrangement in addition to the compensation the owner-operator is
26 entitled to for the rental of his or her equipment.
27 (m) (l) For each pole trailer, semitrailer, trailer coach,
or
1 trailer, the tax shall be assessed according to the following
2 schedule of empty weights:
3 Empty weights Tax
4 0 to 2,499 pounds................................ $ 75.00
5 2,500 to 9,999 pounds............................ 200.00
6 10,000 pounds and over........................... 300.00
7 The registration plate issued under this subdivision expires
8 only when the secretary of state reissues a new registration plate
9 for all trailers. Beginning October 1, 2005, if the secretary of
10 state reissues a new registration plate for all trailers, a person
11 who has once paid the tax as increased by 2003 PA 152 for a vehicle
12 under this subdivision is not required to pay the tax for that
13 vehicle a second time, but is required to pay only the cost of the
14 reissued plate at the rate provided in section 804(2) for a
15 standard plate. A registration plate issued under this subdivision
16 is nontransferable.
17 (n) (m) For
each commercial vehicle used for the
18 transportation of passengers for hire except for a vehicle for
19 which a payment is made under 1960 PA 2, MCL 257.971 to 257.972,
20 according to the following schedule of empty weights:
21 Empty weights Per 100 pounds
22 0 to 4,000 pounds.............................. $ 1.76
23 4,001 to 6,000 pounds.......................... 2.20
24 6,001 to 10,000 pounds......................... 2.72
25 10,001 pounds and over......................... 3.25
1 (o) (n) For
each motorcycle, $23.00.
2 On October 1, 1983, and October 1, 1984, the tax assessed
3 under this subdivision shall be annually revised for the
4 registrations expiring on the appropriate October 1 or after that
5 date by multiplying the tax assessed in the preceding fiscal year
6 times the personal income of Michigan for the preceding calendar
7 year divided by the personal income of Michigan for the calendar
8 year that preceded that calendar year. In performing the
9 calculations under this subdivision, the secretary of state shall
10 use the spring preliminary report of the United States Department
11 of Commerce or its successor agency.
12 Beginning January 1, 1984, the registration tax for each
13 motorcycle is increased by $3.00. The $3.00 increase is not part of
14 the tax assessed under this subdivision for the purpose of the
15 annual October 1 revisions but is in addition to the tax assessed
16 as a result of the annual October 1 revisions. Beginning January 1,
17 1984, $3.00 of each motorcycle fee shall be placed in a motorcycle
18 safety fund in the state treasury and shall be used only for
19 funding the motorcycle safety education program as provided for
20 under sections 312b and 811a.
21 (p) (o) For
each truck weighing 8,001 pounds or more, road
22 tractor, or truck tractor used exclusively as a moving van or part
23 of a moving van in transporting household furniture and household
24 effects or the equipment or those engaged in conducting carnivals,
25 at the rate of 80% of the schedule of elected gross weights in
26 subdivision (k) (l) as modified by the
operation of that
27 subdivision.
1 (q) (p) After
September 30, 1983, each motor vehicle of the
2 1984 or a subsequent model year as shown on the application
3 required under section 217 that has not been previously subject to
4 the tax rates of this section and that is of the motor vehicle
5 category otherwise subject to the tax schedule described in
6 subdivision (a), and each low-speed vehicle according to the
7 following schedule based upon registration periods of 12 months:
8 (i) Except as otherwise provided in this subdivision, for the
9 first registration that is not a transfer registration under
10 section 809 and for the first registration after a transfer
11 registration under section 809, according to the following schedule
12 based on the vehicle's list price:
13 (A) Until December 31, 2016, as follows:
14 List Price Tax
15 $ 0 - $ 6,000.00................................ $ 30.00
16 More than $ 6,000.00 - $ 7,000.00............... $ 33.00
17 More than $ 7,000.00 - $ 8,000.00............... $ 38.00
18 More than $ 8,000.00 - $ 9,000.00............... $ 43.00
19 More than $ 9,000.00 - $ 10,000.00.............. $ 48.00
20 More than $ 10,000.00 - $ 11,000.00............. $ 53.00
21 More than $ 11,000.00 - $ 12,000.00............. $ 58.00
22 More than $ 12,000.00 - $ 13,000.00............. $ 63.00
23 More than $ 13,000.00 - $ 14,000.00............. $ 68.00
24 More than $ 14,000.00 - $ 15,000.00............. $ 73.00
25 More than $ 15,000.00 - $ 16,000.00............. $ 78.00
26 More than $ 16,000.00 - $ 17,000.00............. $ 83.00
27 More than $ 17,000.00 - $ 18,000.00............. $ 88.00
1 More than $ 18,000.00 - $ 19,000.00............. $ 93.00
2 More than $ 19,000.00 - $ 20,000.00............. $ 98.00
3 More than $ 20,000.00 - $ 21,000.00............. $ 103.00
4 More than $ 21,000.00 - $ 22,000.00............. $ 108.00
5 More than $ 22,000.00 - $ 23,000.00............. $ 113.00
6 More than $ 23,000.00 - $ 24,000.00............. $ 118.00
7 More than $ 24,000.00 - $ 25,000.00............. $ 123.00
8 More than $ 25,000.00 - $ 26,000.00............. $ 128.00
9 More than $ 26,000.00 - $ 27,000.00............. $ 133.00
10 More than $ 27,000.00 - $ 28,000.00............. $ 138.00
11 More than $ 28,000.00 - $ 29,000.00............. $ 143.00
12 More than $ 29,000.00 - $ 30,000.00............. $ 148.00
13 More than $30,000.00, the tax of $148.00 is increased by $5.00
14 for each $1,000.00 increment or fraction of a $1,000.00 increment
15 over $30,000.00. If a current tax increases or decreases as a
16 result of 1998 PA 384, only a vehicle purchased or transferred
17 after January 1, 1999 shall be assessed the increased or decreased
18 tax.
19 (B) Beginning on January 1, 2017, as follows:
20 List Price Tax
21 $ 0 - $ 6,000.00................................ $ 36.00
22 More than $ 6,000.00 - $ 7,000.00............... $ 40.00
23 More than $ 7,000.00 - $ 8,000.00............... $ 46.00
24 More than $ 8,000.00 - $ 9,000.00............... $ 52.00
25 More than $ 9,000.00 - $ 10,000.00.............. $ 58.00
26 More than $ 10,000.00 - $ 11,000.00............. $ 64.00
1 More than $ 11,000.00 - $ 12,000.00............. $ 70.00
2 More than $ 12,000.00 - $ 13,000.00............. $ 76.00
3 More than $ 13,000.00 - $ 14,000.00............. $ 82.00
4 More than $ 14,000.00 - $ 15,000.00............. $ 88.00
5 More than $ 15,000.00 - $ 16,000.00............. $ 94.00
6 More than $ 16,000.00 - $ 17,000.00............. $ 100.00
7 More than $ 17,000.00 - $ 18,000.00............. $ 106.00
8 More than $ 18,000.00 - $ 19,000.00............. $ 112.00
9 More than $ 19,000.00 - $ 20,000.00............. $ 118.00
10 More than $ 20,000.00 - $ 21,000.00............. $ 124.00
11 More than $ 21,000.00 - $ 22,000.00............. $ 130.00
12 More than $ 22,000.00 - $ 23,000.00............. $ 136.00
13 More than $ 23,000.00 - $ 24,000.00............. $ 142.00
14 More than $ 24,000.00 - $ 25,000.00............. $ 148.00
15 More than $ 25,000.00 - $ 26,000.00............. $ 154.00
16 More than $ 26,000.00 - $ 27,000.00............. $ 160.00
17 More than $ 27,000.00 - $ 28,000.00............. $ 166.00
18 More than $ 28,000.00 - $ 29,000.00............. $ 172.00
19 More than $ 29,000.00 - $ 30,000.00............. $ 178.00
20 More than $30,000.00, the tax of $178.00 is increased by $6.00
21 for each $1,000.00 increment or fraction of a $1,000.00 increment
22 over $30,000.00. If a current tax increases or decreases as a
23 result of 1998 PA 384, only a vehicle purchased or transferred
24 after January 1, 1999 shall be assessed the increased or decreased
25 tax.
26 (ii) For the second registration, 90% of the tax assessed
27 under subparagraph (i).
1 (iii) For the third registration, 90% of the tax assessed
2 under subparagraph (ii).
3 (iv) For the fourth and subsequent registrations, 90% of the
4 tax assessed under subparagraph (iii).
5 For a vehicle of the 1984 or a subsequent model year that has
6 been previously registered by a person other than the person
7 applying for registration or for a vehicle of the 1984 or a
8 subsequent model year that has been previously registered in
9 another state or country and is registered for the first time in
10 this state, the tax under this subdivision shall be determined by
11 subtracting the model year of the vehicle from the calendar year
12 for which the registration is sought. If the result is zero or a
13 negative figure, the first registration tax shall be paid. If the
14 result is 1, 2, or 3 or more, then, respectively, the second,
15 third, or subsequent registration tax shall be paid. A van that is
16 owned by an individual who uses a wheelchair or by an individual
17 who transports a member of his or her household who uses a
18 wheelchair and for which registration plates are issued under
19 section 803d shall be assessed at the rate of 50% of the tax
20 provided for in this subdivision.
21 (r) (q) For
a wrecker, $200.00.
22 (s) (r) When
the secretary of state computes a tax under this
23 act, a computation that does not result in a whole dollar figure
24 shall be rounded to the next lower whole dollar when the
25 computation results in a figure ending in 50 cents or less and
26 shall be rounded to the next higher whole dollar when the
27 computation results in a figure ending in 51 cents or more, unless
1 specific taxes are specified, and the secretary of state may accept
2 the manufacturer's shipping weight of the vehicle fully equipped
3 for the use for which the registration application is made. If the
4 weight is not correctly stated or is not satisfactory, the
5 secretary of state shall determine the actual weight. Each
6 application for registration of a vehicle under subdivisions (j)
7 (k) and (m) (n) shall
have attached to the application a scale
8 weight receipt of the vehicle fully equipped as of the time the
9 application is made. The scale weight receipt is not necessary if
10 there is presented with the application a registration receipt of
11 the previous year that shows on its face the weight of the motor
12 vehicle as registered with the secretary of state and that is
13 accompanied by a statement of the applicant that there has not been
14 a structural change in the motor vehicle that has increased the
15 weight and that the previous registered weight is the true weight.
16 (2) A manufacturer is not exempted under this act from paying
17 ad valorem taxes on vehicles in stock or bond, except on the
18 specified number of motor vehicles registered. A dealer is exempt
19 from paying ad valorem taxes on vehicles in stock or bond.
20 (3) Until October 1, 2019, the tax for a vehicle with an empty
21 weight over 10,000 pounds imposed under subsection (1)(a) and the
22 taxes imposed under subsection (1)(c), (d), (e), (f), (i), (g),
23 (j), (m), (o), and (k),
(n), (p), and (q) are each increased
as
24 follows:
25 (a) A regulatory fee of $2.25 that shall be credited to the
26 traffic law enforcement and safety fund created in section 819a and
27 used to regulate highway safety.
1 (b) A fee of $5.75 that shall be credited to the
2 transportation administration collection fund created in section
3 810b.
4 (4) If a tax required to be paid under this section is not
5 received by the secretary of state on or before the expiration date
6 of the registration plate, the secretary of state shall collect a
7 late fee of $10.00 for each registration renewed after the
8 expiration date. An application for a renewal of a registration
9 using the regular mail and postmarked before the expiration date of
10 that registration shall not be assessed a late fee. The late fee
11 collected under this subsection shall be deposited into the general
12 fund.
13 (5) In addition to the registration taxes under this section,
14 the secretary of state shall collect taxes charged under section
15 801j and credit revenues to a regional transit authority created
16 under the regional transit authority act, 2012 PA 387, MCL 124.541
17 to 124.558, minus necessary collection expenses as provided in
18 section 9 of article IX of the state constitution of 1963.
19 Necessary collection expenses incurred by the secretary of state
20 under this subsection shall be based upon an established cost
21 allocation methodology.
22 (6) This section does not apply to a historic vehicle.
23 (7) Beginning January 1, 2017, the registration fee imposed
24 under this section for a vehicle using 4 or more tires is increased
25 as follows:
26 (a) If the vehicle is a hybrid electric vehicle, the
27 registration fee for that vehicle is increased by $30.00 for a
1 vehicle with an empty weight of 8,000 pounds or less, and $100.00
2 for a vehicle with an empty weight of more than 8,000 pounds. As
3 used in this subdivision and subsection (8)(a), "hybrid electric
4 vehicle" means a vehicle that can be propelled at least in part by
5 electrical energy and uses a battery storage system of at least 4
6 kilowatt-hours, but is also capable of using gasoline, diesel fuel,
7 or alternative fuel to propel the vehicle.
8 (b) If the vehicle is a nonhybrid electric vehicle, the
9 registration fee for that vehicle is increased by $100.00 for a
10 vehicle with an empty weight of 8,000 pounds or less, and $200.00
11 for a vehicle with an empty weight of more than 8,000 pounds. As
12 used in this subdivision and subsection (8)(b), "nonhybrid electric
13 vehicle" means a vehicle that is propelled solely by electrical
14 energy and that is not capable of using gasoline, diesel fuel, or
15 alternative fuel to propel the vehicle.
16 (8) Beginning January 1, 2017, if the tax on gasoline imposed
17 under section 8 of the motor fuel tax act, 2000 PA 403, MCL
18 207.1008, is increased above 19 cents per gallon, the secretary of
19 state shall increase the fees collected under subsection (7) as
20 follows:
21 (a) For a hybrid electric vehicle, $2.50 per each 1 cent above
22 19 cents per gallon.
23 (b) For a nonhybrid electric vehicle, $5.00 per each 1 cent
24 above 19 cents per gallon.
25 (9) As used in this section:
26 (a) "Alternative fuel" means that term as defined in section
27 151 of the motor fuel tax act, 2000 PA 403, MCL 207.1151.
1 (b) "Diesel fuel" means that term as defined in section 2 of
2 the motor fuel tax act, 2000 PA 403, MCL 207.1002.
3 (c) "Gasoline" means that term as defined in section 3 of the
4 motor fuel tax act, 2000 PA 403, MCL 207.1003.
5 (d) "Gross proceeds" means that term as defined in section 1
6 of the general sales tax act, 1933 PA 167, MCL 205.51, and includes
7 the value of the motor vehicle used as part payment of the purchase
8 price as that value is agreed to by the parties to the sale, as
9 evidenced by the signed agreement executed under section 251.
10 (e) "List price" means the manufacturer's suggested base list
11 price as published by the secretary of state, or the manufacturer's
12 suggested retail price as shown on the label required to be affixed
13 to the vehicle under 15 USC 1232, if the secretary of state has not
14 at the time of the sale of the vehicle published a manufacturer's
15 suggested retail price for that vehicle, or the purchase price of
16 the vehicle if the manufacturer's suggested base list price is
17 unavailable from the sources described in this subdivision.
18 (f) "Purchase price" means the gross proceeds received by the
19 seller in consideration of the sale of the motor vehicle being
20 registered.
21 Sec. 801g. (1) Notwithstanding section 801(1)(j) or 801(1)(k)
22 or 801(1)(l), for a truck, truck tractor, or road tractor engaged
23 in interstate commerce, for which a registration fee otherwise
24 would be provided in section 801(1)(j) or 801(1)(k) or 801(1)(l),
25 the fee may be apportioned under the international registration
26 plan according to the miles traveled in this state in relation to
27 the total miles traveled by the vehicle, if the apportionment is
1 permitted by a reciprocal compact, agreement, or other arrangement
2 entered into by the Michigan highway reciprocity board.Highway
3 Reciprocity Board.
4 (2) For the purposes of this section, "international
5 registration plan" means a method of licensing trucks and bus
6 fleets proportionally among 2 or more member jurisdictions and
7 includes an apportioned fee that is determined according to the
8 fleet's percentage of miles generated in the various jurisdictions.
9 Upon payment of the apportioned fee there shall be issued 1
10 registration plate and 1 cab card for each vehicle with the cab
11 card indicating the jurisdictions in which the unit is registered
12 and the registered weight for each jurisdiction.
13 (3) If the apportionment is permitted, and if at the time of
14 purchase a person elects to have the fees apportioned and the
15 registration is valid for at least 12 months, the annual
16 international registration plan plates may be purchased by paying
17 any out of state portion and 1/2 the amount apportioned for
18 Michigan fees and an extra $10.00 service fee per vehicle upon
19 purchase and the balance within 180 days before the date of
20 expiration. The secretary of state shall notify a person who has
21 elected to use the installment option of this subsection informing
22 the person of the amount due and of the penalties that shall be
23 imposed if payment is not received within 180 days before the date
24 of expiration. If a person is once late on paying the balance, a
25 penalty of 25% of the outstanding balance shall be assessed and
26 collected in addition to the fee. If a person is twice late in
27 paying the balance within a 2-year period, then a penalty of 25% of
1 the outstanding balance shall be assessed and collected in addition
2 to the fee, and the person is ineligible to elect the apportionment
3 payment plan for the next 2 registration years following the year
4 of the delinquency. The secretary of state shall suspend the
5 registration of any vehicle for which the registration fee is not
6 paid in full and transmit a statement of the delinquent balance,
7 including the penalty, to the department of treasury for
8 collection.
9 (4) If a person surrenders a registration plate purchased
10 under section 801(1)(j) or 801(1)(k) or 801(1)(l) for a
11 registration under this section for the same vehicle, the
12 apportioned fee for the exchange registration shall bear the same
13 relationship to the fee required under this section for a 12-month
14 registration as the length of time the exchange registration bears
15 to 12 months. Partial months shall be considered as whole months in
16 the calculation of the required fee and in the determination of the
17 length of time between the application for a registration and the
18 last day of the month of expiration. The calculation shall include
19 any refund as a credit provided for in section 801b(8). The fee
20 required for the registration shall be rounded off to whole dollars
21 as provided in section 801.
22 (5) If a person does not surrender a registration plate
23 purchased under section 801(1)(j) or 801(1)(k) or 801(1)(l) for a
24 registration under this section, the apportioned fee shall be
25 determined as provided for in this section except the apportioned
26 fee for a registration purchased shall bear the same relationship
27 to the fee required under this section for a 12-month registration
1 as the length of time the registration bears to 12 months. Partial
2 months shall be considered as whole months in the calculation of
3 the required fee and in the determination of the length of time
4 between the application for a registration and the last day of the
5 month of expiration. The fee required for this registration shall
6 be rounded off to whole dollars as provided in section 801. Fees
7 under this subsection shall not be prorated for less than 6 months.
8 (6) Upon proper application for registration of a vehicle
9 under this section, the secretary of state may issue a temporary
10 registration which shall be valid for not more than 45 days from
11 the date of issuance.
12 (7) The secretary of state may designate an owner or
13 registrant having a fleet of motor vehicles currently registered
14 under this section to act as an agent for the secretary of state
15 for the purpose of issuing to himself or herself a temporary
16 registration. Upon issuance of a temporary registration an agent
17 shall make proper application for an international registration
18 plan registration to the secretary of state within 5 days after
19 issuance of the temporary registration.
20 (8) An owner issued a temporary registration under this
21 section is liable for the fees provided in this section.
22 (9) If the owner of a vehicle for which a temporary
23 registration is issued under this section fails to pay the
24 registration fee as required in this section, the secretary of
25 state shall suspend the registrations of all vehicles registered by
26 that owner under this section. The registrations shall remain
27 suspended until the fee is paid.
1 Sec. 801j. (1) Except as otherwise provided in subsection (6),
2 in addition to the required vehicle registration tax under section
3 801(1)(p), 801(1)(q),
a regional transit authority created
under
4 the regional transit authority act, 2012 PA 387, MCL 124.541 to
5 124.558, may charge an additional tax on vehicle registrations
6 issued to residents of a public transit region of not more than
7 $1.20 for each $1,000.00 or fraction of $1,000.00 of the vehicle's
8 list price as used in calculating the tax under section 801(1)(p).
9 801(1)(q). The authority may charge the additional tax only upon
10 the approval of a majority of the electors in a public transit
11 region voting on the tax at an election held on the regular
12 November election date as provided in section 641(1)(d) of the
13 Michigan election law, 1954 PA 116, MCL 168.641.
14 (2) In addition to any other requirements imposed by law, the
15 ballot question proposing authorization of the tax under subsection
16 (1) shall specify how the proceeds of the tax shall be expended.
17 (3) The tax collected under this section shall only be used by
18 the regional transit authority for comprehensive transportation
19 purposes as defined by law for purposes of section 9 of article IX
20 of the state constitution of 1963.
21 (4) A proposal for a tax under this section shall not be
22 placed on the ballot under subsection (1) unless the proposal is
23 adopted by a resolution of the board of directors of the regional
24 transit authority and certified by the board of directors not later
25 than 70 days before the election to the county clerk of each county
26 within the public transit region for inclusion on the ballot.
27 (5) Except as otherwise provided in subsection (6), if a
1 majority of voters in a public transit region approve a tax under
2 subsection (1), no later than 1 year after voter approval, the
3 secretary of state shall collect the tax on all vehicles registered
4 to residents of the public transit region under section 801(1)(p)
5 801(1)(q) and shall credit the tax collected to the regional
6 transit authority, minus necessary collection expenses as provided
7 in section 9 of article IX of the state constitution of 1963.
8 Necessary collection expenses incurred by the secretary of state
9 under this subsection shall be based upon an established cost
10 allocation methodology.
11 (6) This section does not apply to a company test vehicle. As
12 used in this subsection, "company test vehicle" means a vehicle
13 that is owned by a manufacturer and that satisfies 1 or both of the
14 following:
15 (a) The vehicle is part of a product testing program as
16 defined by the United States department of treasury Department of
17 Treasury under treas. reg. 1.132-5(n)(2001).
18 (b) The vehicle is furnished by the manufacturer to an
19 employee of the manufacturer for the purpose of testing, evaluating
20 product quality and performance, reporting defects, or suggesting
21 product or production improvements as an ordinary and necessary
22 business expense of the manufacturer.
23 Sec. 802. (1) For a special registration issued under section
24 226(8), the registrant shall pay 1/2 the tax imposed under section
25 801 and a service fee of $10.00.
26 (2) For all commercial vehicles registered after August 31 for
27 the period expiring the last day of February, the secretary of
1 state shall collect a tax of 1/2 the rate otherwise imposed under
2 this act. This subsection does not apply to vehicles registered by
3 manufacturers or dealers under sections 244 to 247.
4 (3) For each special registration under section 226(9), the
5 secretary of state shall collect a service fee of $10.00.
6 (4) For temporary registration plates or markers under section
7 226a(1), the secretary of state shall collect a service fee of
8 $5.00 for each group of 5 of those temporary registration plates or
9 markers.
10 (5) For a temporary registration under section 226b, the fee
11 shall be either of the following:
12 (a) For a 30-day temporary registration, 1/10 of the tax
13 prescribed under section 801 or $20.00, whichever is greater, and
14 an additional $10.00 service fee.
15 (b) For a 60-day temporary registration, 1/5 of the tax
16 prescribed under section 801 or $40.00, whichever is greater, and
17 an additional $10.00 service fee.
18 (6) For registration plates as provided for in section
19 226a(5), (6), and (7), the secretary of state shall collect a
20 service fee of $40.00 for 2 registration plates and $20.00 for each
21 additional registration plate.
22 (7) For special registrations issued for special mobile
23 equipment as provided in section 216(d), the secretary of state
24 shall collect a service fee of $15.00 each for the first 3 special
25 registrations, and $5.00 for each special registration issued in
26 excess of the first 3.
27 (8) The secretary of state, upon request, may issue a
1 registration valid for 3 months for use on a vehicle with an
2 elected gross weight of 24,000 pounds or greater on the payment of
3 1/4 the tax provided in section 801(1)(k) 801(1)(l) and a service
4 fee of $10.00.
5 (9) Upon application to the secretary of state, an owner of a
6 truck, truck tractor, or road tractor that is used exclusively for
7 the purpose of gratuitously transporting farm crops or livestock
8 bedding between the field where produced and the place of storage,
9 feed from on-farm storage to an on-farm feeding site, or
10 fertilizer, seed, or spray material from the farm location to the
11 field may obtain a special registration. The service fee for each
12 special registration issued under this subsection is $20.00. The
13 special registration is valid for a period of up to 12 months and
14 expires on December 31. As used in this subsection:
15 (a) "Feed" means hay or silage.
16 (b) "Livestock bedding" means straw, sawdust, or sand.
17 (10) The secretary of state, upon request, may issue a special
18 registration valid for 3 or more months for a road tractor, truck,
19 or truck tractor owned by a farmer, if the motor vehicle is used
20 exclusively in connection with the farmer's farming operations or
21 for the transportation of the farmer and the farmer's family and
22 not used for hire. The fee for the registration is 1/10 of the tax
23 provided in section 801(1)(c) times the number of months for which
24 the special registration is requested and, in addition, a service
25 fee of $10.00. The secretary of state shall not issue a special
26 registration for a motor vehicle for which the tax under section
27 801(1)(c) would be less than $50.00.
1 (11) The secretary of state, upon request, may issue a
2 registration valid for 3 months or more for use on a vehicle with
3 an elected gross weight of 24,000 pounds or greater. The fee for
4 the registration shall be 1/12 of the tax provided in section
5 801(1)(k), 801(1)(l), times the number of
months for which the
6 special registration is requested and, in addition, a service fee
7 of $10.00.
8 (12) The secretary of state shall deposit the service fees
9 collected under subsections (1), (3), (4), (5), (6), (7), (8), (9),
10 (10), and (11) in the transportation administration collection fund
11 created in section 810b through October 1, 2019.