Bill Text: MI HB5409 | 2013-2014 | 97th Legislature | Engrossed

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Bill Title: Vehicles; other; commercial quadricycles; allow to serve alcohol under certain circumstances and make other revisions to Michigan vehicle code. Amends secs. 624a, 657, 660, 662, 901 & 907 of 1949 PA 300 (MCL 257.624a et seq.) & adds secs. 518a & 625p. TIE BAR WITH: HB 5408'14

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-12-11 - Referred To Committee On Transportation [HB5409 Detail]

Download: Michigan-2013-HB5409-Engrossed.html

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HB-5409, As Passed House, December 10, 2014

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5409

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 624a, 657, 660, 662, 901, and 907 (MCL

 

257.624a, 257.657, 257.660, 257.662, 257.901, and 257.907), section

 

624a as amended by 2012 PA 306, sections 657 and 662 as amended by

 

2002 PA 494, section 660 as amended by 2006 PA 339, and section 907

 

as amended by 2014 PA 303, and by adding sections 518a and 625p.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 518a. The owner of a commercial quadricycle shall furnish

 

bodily injury and property damage liability insurance with a

 

minimum combined single limit of $2,000,000.00 for all persons

 

injured or for property damage.

 

     Sec. 624a. (1) Except as provided in subsection subsections

 

(2) and (5), a person who is an operator or occupant shall not

 

transport or possess alcoholic liquor in a container that is open

 

or uncapped or upon which the seal is broken within the passenger

 

area of a vehicle upon a highway, or within the passenger area of a

 

moving vehicle in any place open to the general public or generally

 

accessible to motor vehicles, including an area designated for the

 

parking of vehicles, in this state.

 

     (2) A Except as otherwise provided in subsection (5), a person

 

may transport or possess alcoholic liquor in a container that is

 

open or uncapped or upon which the seal is broken within the

 

passenger area of a vehicle upon a highway or other place open to

 

the general public or generally accessible to motor vehicles,

 

including an area designated for the parking of vehicles in this

 

state, if the vehicle does not have a trunk or compartment separate

 

from the passenger area, and the container is in a locked glove

 

compartment, behind the last upright seat, or in an area not

 

normally occupied by the operator or a passenger.

 

     (3) A person who violates this section is guilty of a

 

misdemeanor. As part of the sentence, the person may be ordered to

 

perform community service and undergo substance abuse screening and

 

assessment at his or her own expense as described in section 703(1)

 

of the Michigan liquor control code of 1998, 1998 PA 58, MCL

 

436.1703. A court shall not accept a plea of guilty or nolo

 

contendere for a violation of this section from a person charged

 

solely with a violation of section 625(6).

 

     (4) This section does not apply to a passenger in a chartered

 

vehicle authorized to operate by the state transportation

 

department.

 

     (5) Except as otherwise provided in this subsection, unless

 

prohibited by local ordinance, subsections (1) and (2) do not apply

 

to a passenger in a commercial quadricycle. A passenger in a

 

commercial quadricycle shall not transport or possess alcoholic

 

liquor other than beer, wine, spirits, or a mixed spirits drink.

 

     (6) (5) As used in this section:

 

     (a) "Glove compartment" means a recess with a hinged and

 

locking door in the dashboard of a motor vehicle.

 

     (b) "Passenger area" means the area designed to seat the

 

operator and passengers of a motor vehicle while it is in operation

 

and any area that is readily accessible to the operator or a

 

passenger while in his or her seating position, including the glove

 

compartment.

 

     Sec. 625p. (1) A person, whether licensed or not, who has an

 

alcohol content of greater than 0.00 grams per 100 milliliters of

 

blood, per 210 liters of breath, or per 67 milliliters of urine

 

shall not operate a commercial quadricycle within this state.

 

     (2) A person who is convicted of a violation of this section

 

or a local ordinance substantially corresponding to this section is

 

guilty of a misdemeanor punishable by 1 of the following:

 

     (a) If the person has an alcohol content of at least 0.04

 

grams per 100 milliliters of blood, per 210 liters of breath, or

 

per 67 milliliters of urine, imprisonment for not more than 93 days

 

or a fine of not more than $300.00, or both, together with costs of

 

the prosecution.

 

     (b) If the person has an alcohol content of greater than 0.00

 

grams, but less than 0.04 grams, per 100 milliliters of blood, per

 

210 liters of breath, or per 67 milliliters of urine, a fine of not

 

more than $300.00, together with costs of the prosecution.

 

     Sec. 657. Each person riding a bicycle, electric personal

 

assistive mobility device, or moped or operating a low-speed

 

vehicle or commercial quadricycle upon a roadway has all of the

 

rights and is subject to all of the duties applicable to the driver

 

of a vehicle by under this chapter, except as to for special

 

regulations in this article and except as to for the provisions of

 

this chapter which that by their nature do not have

 

application.apply.

 

     Sec. 660. (1) A person operating an electric personal

 

assistive mobility device, low-speed vehicle, or moped upon a

 

roadway shall ride as near to the right side of the roadway as

 

practicable , exercising and shall exercise due care when passing a

 

standing vehicle or one proceeding in the same direction. A

 

motorcycle is entitled to full use of a lane, and a motor vehicle

 

shall not be driven in such a manner as to deprive a motorcycle of

 

the full use of a lane. This subsection does not apply to

 

motorcycles operated 2 abreast in a single lane.

 

     (2) A person riding an electric personal assistive mobility

 

device, motorcycle, or moped upon a roadway shall not ride more

 

than 2 abreast except on a path or part of a roadway set aside for

 

the exclusive use of those vehicles.

 

     (3) Where a usable and designated path for bicycles is

 

provided adjacent to a highway or street, a person operating an

 

electric personal assistive mobility device may, by local

 

ordinance, be required to use that path.

 

     (4) A person operating a motorcycle, moped, low-speed vehicle,

 

or electric personal assistive mobility device shall not pass

 

between lines of traffic, but may pass on the left of traffic

 

moving in his or her direction in the case of a 2-way street or on

 

the left or right of traffic in the case of a 1-way street, in an

 

unoccupied lane.

 

     (5) A person operating an electric personal assistive mobility

 

device on a sidewalk constructed for the use of pedestrians shall

 

yield the right-of-way to a pedestrian and shall give an audible

 

signal before overtaking and passing the pedestrian.

 

     (6) A moped, or low-speed vehicle, or commercial quadricycle

 

shall not be operated on a sidewalk constructed for the use of

 

pedestrians.

 

     (7) A low-speed vehicle or commercial quadricycle shall be

 

operated at a speed of not to exceed more than 25 miles per hour.

 

and A low-speed vehicle shall not be operated on a highway or

 

street with a speed limit of more than 35 miles per hour except for

 

the purpose of crossing that highway or street. A commercial

 

quadricycle shall not be operated on a highway or street with a

 

speed limit of more than 45 miles per hour except for the purpose

 

of crossing that highway or street. The state transportation

 

department may prohibit the operation of a low-speed vehicle or

 

commercial quadricycle on any highway or street under its

 

jurisdiction if it determines that the prohibition is necessary in

 

the interest of public safety.

 

     (8) This section does not apply to a police officer in the

 

performance of his or her official duties.

 

     (9) An electric personal assistive mobility device shall be

 

operated at a speed of not to exceed more than 15 miles per hour

 

and shall not be operated on a highway or street with a speed limit

 

of more than 25 miles per hour except to cross that highway or

 

street.

 

     (10) The governing body of a county, a city, a village, an

 

entity created under the urban cooperation act of 1967, 1967 (Ex

 

Sess) PA 7, MCL 124.501 to 124.512, or a township may, by

 

ordinance, which is based on the health, safety, and welfare of the

 

citizens, regulate the operation of electric personal assistive

 

mobility devices or commercial quadricycles on sidewalks, highways

 

or streets, or crosswalks. Except as otherwise provided in this

 

subsection, a governing body of a county, city, village, entity

 

created under the urban cooperation act of 1967, 1967 (Ex Sess) PA

 

7, MCL 124.501 to 124.512, or township may prohibit the operation

 

of electric personal assistive mobility devices or commercial

 

quadricycles in an area open to pedestrian traffic adjacent to a

 

waterfront or on a trail under their its jurisdiction or in a

 

downtown or central business district. Signs indicating the

 

regulation shall be conspicuously posted in the area where the use

 

of an electric personal assistive mobility device or commercial

 

quadricycle is regulated.

 

     (11) Operation of an electric personal assistive mobility

 

device is prohibited in a special charter city and a state park

 

under the jurisdiction of the Mackinac Island state park

 

commission.

 

     (12) Operation of an electric personal assistive mobility

 

device may be prohibited in a historic district.

 

     (13) The department of natural resources may by order regulate

 

the use of electric personal assistive mobility devices on all

 

lands under its control.

 

     Sec. 662. (1) A bicycle, or an electric personal assistive

 

mobility device, or commercial quadricycle being operated on a

 

roadway between 1/2 hour after sunset and 1/2 hour before sunrise

 

shall be equipped with a lamp on the front which shall emit that

 

emits a white light visible from a distance of at least 500 feet to

 

the front and with a red reflector on the rear which that shall be

 

visible from all distances from 100 feet to 600 feet to the rear

 

when directly in front of lawful lower beams of head lamps on a

 

motor vehicle. A lamp emitting a red light visible from a distance

 

of 500 feet to the rear may be used in addition to the red

 

reflector.

 

     (2) A bicycle shall be equipped with a brake which will enable

 

that enables the operator to make the braked wheels skid on dry,

 

level, clean pavement.

 

     (3) An electric personal assistive mobility device or

 

commercial quadricycle shall enable the operator to bring it to a

 

controlled stop.

 

     (4) A person shall not sell, offer for sale, or deliver for

 

sale in this state a bicycle or a pedal for use on a bicycle,

 

either of which was manufactured after January 1, 1976, unless it

 

is equipped with a type of reflex reflector located on the front

 

and rear surfaces of the pedal. The reflector elements may be

 

either integral with the construction of the pedal or mechanically

 

attached, but shall be sufficiently recessed from the edge of the

 

pedal, or of the reflector housing, to prevent contact of the

 

reflector element with a flat surface placed in contact with the

 

edge of the pedal. The pedal reflectors shall be visible from the

 

front and rear of the bicycle during the nighttime from a distance

 

of 200 feet when directly exposed to the lower beam head lamps of a

 

motor vehicle.

 

     (5) A person shall not sell, offer for sale, or deliver for

 

sale in this state a bicycle manufactured after January 1, 1976 or

 

an electric personal assistive mobility device unless it is

 

equipped with either tires which that have reflective sidewalls or

 

with wide-angle prismatic spoke reflectors. If the bicycle or the

 

electric personal assistive mobility device is manufactured with

 

reflective sidewalls, the reflective portion of the sidewall shall

 

form a continuous circle on the sidewall, and may not be removed

 

from the tire without removal of tire material. If the bicycle is

 

equipped with wide-angle prismatic spoke reflectors, the reflectors

 

of the front wheel shall be essentially colorless or amber, and the

 

reflectors on the rear wheel shall be essentially colorless or red.

 

Reflective sidewalls or spoke reflectors shall cause the bicycle to

 

be visible from all distances from 100 feet to 600 feet when viewed

 

under lawful low beam motor vehicle head lamps under normal

 

atmospheric conditions.

 

     (6) A person who violates subsection (1) or (2) is responsible

 

for a civil infraction.

 

     Sec. 901. (1) It Except as otherwise provided in subsection

 

(3), it is a misdemeanor for a person to violate this act, unless

 

that violation is by this act or other law of this state declared

 

to be a felony or a civil infraction.

 

     (2) Unless another penalty is provided in this act or by the

 

laws of this state, a person convicted of a misdemeanor for the

 

violation of this act shall be punished by a fine of not more than

 

$100.00, or by imprisonment for not more than 90 days, or both.

 

     (3) Except as otherwise provided in this act, a violation of

 

this act by the owner of a commercial quadricycle arising out of

 

the ownership or operation of the commercial quadricycle is a civil

 

infraction.

 

     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 under 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 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

 

602b, the person shall be ordered to pay costs as provided in

 

subsection (4) and a civil fine of $100.00 for a first offense and

 

$200.00 for a second or subsequent offense. 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. For a violation of section 676c, the

 

person shall be ordered to pay costs as provided in subsection (4)

 

and a civil fine of $1,000.00. 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, subject to

 

subsection (12). 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 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 first violation of section 319f(1), the civil fine

 

ordered under this section shall be not less than $2,500.00 or more

 

than $2,750.00; for a second or subsequent violation, the civil

 

fine shall be not less than $5,000.00 or more than $5,500.00. 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)(g), the civil fine ordered under this section shall

 

be not less than $2,750.00 or more than $25,000.00. 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.

 

     (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 (13), 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 (13), 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 under this section within the time prescribed by the court,

 

the driver's license of that person shall be suspended under

 

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 may 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) 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.

 

     (14) 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.

 

     (15) If a person has received a citation for a violation of

 

section 328(1) for failing to produce a certificate of insurance

 

under 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.

 

     (16) 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 and the civil infraction arises out of the ownership or

 

operation of a commercial quadricycle, he or she shall be ordered

 

to pay costs as provided in subsection (4) and a civil fine of not

 

more than $500.00.

 

     (17) (16) 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. This amendatory act does not take effect

 

unless House Bill No. 5408 of the 97th Legislature is enacted into

 

law.