Substitute For

HOUSE BILL NO. 5685

"Michigan vehicle code,"

by amending sections 215, 226a, 234, and 243 (MCL 257.215, 257.226a, 257.234, and 257.243), section 226a as amended by 2006 PA 516, section 234 as amended by 2002 PA 552, and section 243 as amended by 1989 PA 299.

the people of the state of michigan enact:

Sec. 215. It is a misdemeanor for any A person to shall not drive or move or for an owner shall not knowingly to permit to be driven or moved upon any highway any vehicle of a type required to be registered hereunder which under this act that is not registered or for which a certificate of title has not been applied for or for which the appropriate fee has not been paid when and as required hereunder, under this act, except as provided in subsection (b) of section 217. A person who violates this section is responsible for a civil infraction.

Sec. 226a. (1) Temporary registration plates or markers may be issued to licensed dealers in vehicles and to persons engaged in the sale of vessels required to be numbered by part 801 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80101 to 324.80199, upon application accompanied by the proper fee, for use by purchasers or lessees of vehicles, for a period not to exceed 15 days pending receipt of regular registration plates from the dealer or person. Only 1 temporary plate or marker may be issued to a purchaser or lessee of a vehicle. If a dealer or person requires a purchaser or lessee of a vehicle or purchaser or lessee of a vessel to pay for a temporary plate or marker, the dealer or person shall not charge the purchaser or lessee more than the dealer or person was charged by the secretary of state for the individual plate or marker. The secretary of state shall determine the composition and design of the temporary registration plates or markers.

(2) A temporary registration plate or marker shall must show in ink the date of issue, a description of the vehicle for which issued, and any other information required by the secretary of state. A dealer or person shall immediately notify the secretary of state of each temporary registration plate or marker issued by the dealer or person, on a form prescribed by the secretary of state. Upon the attachment of When the regular plate is attached to a vehicle for which a temporary registration plate or marker has been was issued, the temporary plate shall must be destroyed.

(3) All temporary registration plates or markers shall must be serially numbered and upon issuance the number shall must be noted on the statement of vehicle sale form or in the case of a boat trailer on a form prescribed by the secretary of state.

(4) A dealer or person, upon demand, shall immediately surrender any temporary registration plates or markers in his or her possession if the secretary of state finds, after investigation, that the dealer or person has violated this section, and the dealer or person shall immediately forfeit any right to the temporary registration plates or markers.

(5) The secretary of state may issue a registration plate upon application and payment of the proper fee to an individual, partnership, corporation, or association who in the ordinary course of business has occasion to legally repossess a vehicle in which a security interest is held. A registration plate issued pursuant to under this subsection shall must be used to move and dispose of a vehicle.

(6) The secretary of state may issue a registration plate upon application and payment of the proper fee to an individual, partnership, corporation, or association who that in the ordinary course of business has occasion to legally pick up or deliver a vehicle not required to be titled under this act, to legally pick up or deliver a commercial motor vehicle being driven to a facility to undergo aftermarket modification, or to repair or service a vehicle, or to persons defined as dealers under part 801 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80101 to 324.80199, for the purpose of delivering to deliver a vessel or trailer to a customer or to and from a boat show or exposition. A registration plate issued under this subsection shall must be used to move the vehicle.

(7) The secretary of state may issue a registration plate upon application and payment of the proper fee to an individual, partnership, corporation, or association who that in the ordinary course of business operates an auto auction, and who that in the ordinary course of business has occasion to legally pick up a vehicle which that will be offered for sale at the auction, or deliver a vehicle which that has been offered for sale at the auction. The registration plate shall must be used only to move vehicles as provided in this subsection. Auto auctions that make application apply for a registration plate under this subsection shall furnish a surety bond as required by the secretary of state.

(8) A person who violates this section is responsible for a civil infraction.

Sec. 234. (1) The purchaser or transferee, unless the person is a licensed dealer, shall present or cause to be presented the certificate of title and registration certificate if plates are a registration plate is being transferred to another vehicle, assigned as provided in this act, to the secretary of state accompanied by the required fees, as provided by law, whereupon and the secretary of state shall issue a new certificate of title and registration certificate shall be issued to the assignee. The secretary of state shall mail or deliver the certificate of title shall be mailed or delivered to the owner or another person designated by the owner may direct in a separate instrument in a form prescribed by the secretary of state. shall prescribe.

(2) If the secretary of state mails or delivers a purchaser's or transferee's certificate of title to a dealer, the dealer shall mail or deliver that certificate of title to the purchaser or transferee not more than 5 days after receiving the certificate of title from the secretary of state.

(3) Unless the transfer is made and the fee paid within 15 days, the vehicle is considered to be without registration, the secretary of state may repossess the license plates, registration plate, and transfer ownership of the vehicle ownership may be effected transferred and a valid registration may be acquired thereafter only upon payment of a transfer fee of $15.00 in addition to the fee provided for in section 806.

(4) If a security interest is reserved or created at the time of the transfer, the parties shall comply with the requirements of section 238.

(5) A person who violates this section is responsible for a civil infraction.

Sec. 243. (1) A nonresident owner, except as otherwise provided in this section, owning any foreign vehicle of a type otherwise subject to registration under this act may operate or permit the operation of the vehicle within this state without registering the vehicle in, or paying any fees to, this state if the vehicle at all times when operated in this state is duly registered in, and displays upon it a valid registration certificate and registration plate or plates issued for the vehicle in the place of residence of the owner.

(2) A nonresident owner of a foreign vehicle operated within this state for the transportation of persons or property for compensation shall must register the vehicle and pay the same fees for its registration as is required with reference to for like vehicles owned by residents of this state, except that the department may issue to the nonresident owner a temporary permit authorizing the operation of the foreign vehicle within this state for a period of 72 hours, without registering the vehicle, on the payment of a fee as provided in section 802a. of this act. The secretary of state shall prescribe the form and determine the manner of displaying the temporary permit shall be in a form as prescribed by, and shall be displayed on a foreign vehicle. in a manner determined by the secretary of state. Each request for a temporary permit under this subsection shall must be based on emergency or infrequent need for the permit. The secretary of state may refuse to issue a permit if he or she has reason to believe the applicant has previously forged or misused a permit, has attempted to circumvent the registration laws of this state, or has not demonstrated an emergency or infrequent use.

(3) The secretary of state may designate an owner or registrant having a fleet of motor vehicles currently registered under this act to act as an agent for the secretary of state for the purpose of issuing to issue to himself or herself a temporary registration under this section.

(4) A nonresident owner of a pleasure vehicle otherwise subject to registration under this act shall not operate the vehicle for a period exceeding 90 days without securing registration in this state.

(5) Every nonresident, including any foreign corporation carrying on business within this state and owning and operating in that business any vehicle subject to registration as provided in this chapter, shall register the vehicle and pay the same fee for the registration as is required with reference to for like vehicles owned by residents of this state, except as otherwise provided by law.

(6) A person who violates this section is responsible for a civil infraction.

Enacting section 1. This amendatory act does not take effect unless House Bill No. 5802 of the 100th Legislature is enacted into law.