Bill Text: MI HB4342 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Vehicles; registration plates; disclosure of handicap license plate or mirror tag options and cost; require. Amends secs. 675 & 803d of 1949 PA 300 (MCL 257.675 & 257.803d).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-02-19 - Printed Bill Filed 02/19/2009 [HB4342 Detail]
Download: Michigan-2009-HB4342-Introduced.html
HOUSE BILL No. 4342
February 18, 2009, Introduced by Rep. Green and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 675 and 803d (MCL 257.675 and 257.803d),
section 675 as amended by 2004 PA 151 and section 803d as amended
by 1998 PA 68.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 675. (1) Except as otherwise provided in this section and
this chapter, a vehicle stopped or parked upon a highway or street
shall be stopped or parked with the wheels of the vehicle parallel
to the roadway and within 12 inches of any curb existing at the
right of the vehicle.
(2) A local authority may by ordinance permit parking of a
vehicle on a 1-way roadway with the vehicle's left wheels adjacent
to and within 12 inches of any curb existing at the left of the
vehicle.
(3) A local authority may by ordinance permit angle parking on
a roadway, except that angle parking shall not be permitted on a
state trunk line highway.
(4) The state transportation commission with respect to state
trunk line highways and the board of county road commissioners with
respect to county roads, acting jointly with the director of the
department of state police, may place signs prohibiting or
restricting the stopping, standing, or parking of vehicles on a
highway where in the opinion of the officials as determined by an
engineering survey, the stopping, standing, or parking is dangerous
to those using the highway or where the stopping, standing, or
parking of vehicles would unduly interfere with the free movement
of traffic on the highway or street. The signs shall be official
signs and a person shall not stop, stand, or park a vehicle in
violation of the restrictions stated on the signs. The signs shall
be installed only after a proper traffic order is filed with the
county clerk. Upon the application to the state transportation
commission by a home rule city affected by an order, opportunity
shall be given to the city for a hearing before the state
transportation
commission, pursuant according
to the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, except
when an ordinance of the home rule city prohibits or restricts the
parking of vehicles on a state trunk line highway; when the home
rule city, by lawfully authorized official action, requests the
state transportation department to prohibit or restrict parking on
a state trunk line highway; or when the home rule city enters into
a construction agreement with the state transportation department
providing for the prohibition or restriction of parking on a state
trunk line highway during or after the period of construction.
Traffic control orders, so long as they affect parking upon a state
trunk line highway within the corporate limits of a home rule city,
are considered "rules" within the meaning of the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and upon
application for a hearing by a home rule city, the proceedings
before the state transportation commission shall be considered a
"contested case" within the meaning of that act.
(5) A disabled person may apply, on a form prescribed by the
secretary of state, for a serially numbered nontransferable
temporary or permanent windshield placard for the personal use of
the disabled person. An individual who has a religious objection to
having a medical examination may personally apply at a branch
office of the secretary of state for a serially numbered
nontransferable temporary or permanent windshield placard for the
personal use of the disabled individual. If it appears obvious that
the individual has a qualifying disability, the individual shall
not be required to present a medical statement attesting to the
disability. The application for and the issuance of the serially
numbered nontransferable temporary or permanent windshield placard
is subject to all of the following:
(a) The secretary of state may issue to a disabled person with
a temporary disability a temporary windshield placard that is valid
for a period of not more than 6 months.
(b) The secretary of state may issue to a disabled person with
a permanent disability an original or renewal permanent windshield
placard that is valid for at least 4 years. Before issuing a
windshield placard under this subdivision, the secretary of state
shall advise the disabled person of the cost of a windshield
placard issued under this section and the cost of a special
registration plate issued under section 803d.
(c) An original certificate of identification or permanent
windshield placard shall expire on the disabled person's fifth
birthday after the date of issuance.
(d) A renewal permanent windshield placard shall expire on the
disabled person's fourth birthday after the date of renewal.
(e) A person holding a certificate of identification or
permanent windshield placard at any time within 45 days before the
expiration of his or her certificate or placard may make
application for a new or renewal placard as provided for in this
section. However, if the person will be out of state during the 45
days immediately preceding expiration of the certificate or placard
or for other good cause shown cannot apply for a placard within the
45-day period, application for a new or renewal placard may be made
not more than 6 months before expiration of the certificate or
placard. A placard issued or renewed under this subdivision shall
expire as provided for in this subsection.
(f) Upon application in the manner prescribed by the secretary
of state for replacement of a lost, stolen, or destroyed
certificate or placard described in this section, a disabled person
or organization that provides specialized services to disabled
persons may be issued a placard that in substance duplicates the
original certificate or placard for a fee of $10.00.
(g) A certificate or placard described in this section may be
used by a person other than the disabled person for the sole
purpose of transporting the disabled person. An organization that
provides specialized services to disabled persons may apply for and
receive a permanent windshield placard to be used in any motor
vehicle actually transporting a disabled person. If the
organization ceases to transport disabled persons, the placard
shall be returned to the secretary of state for cancellation and
destruction.
(6) A disabled person with a certificate of identification,
windshield placard, special registration plates issued under
section 803d, a special registration plate issued under section
803f that has a tab for persons with disabilities attached, a
certificate of identification or windshield placard from another
state, or special registration plates from another state issued for
persons with disabilities is entitled to courtesy in the parking of
a vehicle. The courtesy shall relieve the disabled person or the
person transporting the disabled person from liability for a
violation with respect to parking, other than in violation of this
act. A local authority may by ordinance prohibit parking on a
street or highway to create a fire lane or to provide for the
accommodation of heavy traffic during morning and afternoon rush
hours, and the privileges extending to veterans and physically
disabled persons under this subsection do not supersede that
ordinance.
(7) Except as otherwise provided in subsection (24), an
application for an initial free parking sticker shall contain a
certification by a physician, physician assistant, or certified
nurse practitioner licensed to practice in this state attesting to
the nature and estimated duration of the applicant's disabling
condition and verifying that the applicant qualifies for a free
parking sticker. An individual who has a religious objection to
having a medical examination may personally apply at a branch
office of the secretary of state for an initial free parking
sticker. If it appears obvious that the individual is unable to do
1 or more of the acts listed in subdivisions (a) to (d), the
individual shall not be required to present a certification by a
physician, a physician assistant, or a certified nurse practitioner
attesting to the nature and estimated duration of the applicant's
disabling condition or verifying that the applicant qualifies for a
free parking sticker. The applicant qualifies for a free parking
sticker if the applicant is a licensed driver and the physician,
physician assistant, or certified nurse practitioner certifies or,
if an individual is not required to have a certification by a
physician, a physician assistant, or a certified nurse
practitioner, it is obvious that the applicant is unable to do 1 or
more of the following:
(a) Manage, manipulate, or insert coins, or obtain tickets or
tokens in parking meters or ticket machines in parking lots or
parking structures, due to the lack of fine motor control of both
hands.
(b) Reach above his or her head to a height of 42 inches from
the ground, due to a lack of finger, hand, or upper extremity
strength or mobility.
(c) Approach a parking meter due to his or her use of a
wheelchair or other device.
(d) Walk more than 20 feet due to an orthopedic, neurological,
cardiovascular, or lung condition in which the degree of
debilitation is so severe that it almost completely impedes the
ability to walk.
(8) To be entitled to free parking in a metered space or in a
publicly owned parking structure or area, a vehicle must properly
display 1 of the following:
(a) A windshield placard bearing a free parking sticker issued
pursuant to this act.
(b) A valid certificate of identification issued before
October 1, 1994.
(c) A valid windshield placard issued by another state.
(d) A certificate of identification issued by another state.
(e) A license plate for persons with disabilities issued by
another state.
(f) A special registration plate with a tab for persons with
disabilities attached issued by another state.
(9) A vehicle that does not properly display 1 of the items
listed in subsection (8) is not entitled to free parking in a
metered parking space or in a publicly owned parking area or
structure, and the disabled person or vehicle operator shall pay
all parking fees and may be responsible for a civil infraction.
(10) Blindness that is not accompanied by an incapacity
described in subsection (7) does not entitle a person to a free
parking sticker.
(11) The secretary of state shall attach a free parking
sticker, in contrasting colors, to the windshield placard of a
person certified as having an incapacity described in subsection
(7).
(12) A windshield placard issued under this section shall be
displayed on the interior rearview mirror of the vehicle or, if
there is no interior rearview mirror, on the lower left corner of
the dashboard while the vehicle is parked or being parked by or
under the direction of a disabled person pursuant to this section.
(13) A certificate of identification issued before February
11, 1992 shall be displayed on the lower left corner of the
dashboard of the parked vehicle.
(14) Upon conviction of an offense involving a violation of
the special privileges conferred upon a holder of a certificate of
identification, windshield placard, or free parking sticker, a
magistrate or judge trying the case, as a part of any penalty
imposed, may confiscate the serially numbered certificate of
identification, windshield placard, or free parking sticker and
return the confiscated item or items to the secretary of state
together with a certified copy of the sentence imposed. Upon
receipt of a certificate of identification, windshield placard, or
free parking sticker from a judge or magistrate, the secretary of
state shall cancel and destroy the certificate, placard, or
sticker, and the disabled person to whom it was issued shall not
receive another certificate, placard, or sticker until he or she
submits a completed application and presents a current medical
statement attesting to his or her condition. A law enforcement
officer who observes a misuse of a certificate of identification,
windshield placard, or free parking sticker may immediately
confiscate the certificate, placard, or sticker and forward it with
a copy of his or her report to the secretary of state.
(15) A person who intentionally makes a false statement of
material fact or commits or attempts to commit a deception or fraud
on a medical statement attesting to a disability, submitted in
support of an application for a certificate of identification,
windshield placard, free parking sticker, special registration
plate, or tab for persons with disabilities under this section,
section 803d, or section 803f, is guilty of a misdemeanor,
punishable by a fine of not more than $500.00 or imprisonment for
not more than 30 days, or both.
(16) A person who commits or attempts to commit a deception or
fraud by 1 or more of the following methods is guilty of a
misdemeanor punishable by a fine of not more than $500.00 or
imprisonment for not more than 30 days, or both:
(a) Using a certificate of identification, windshield placard,
or free parking sticker issued under this section or by another
state to provide transportation to a disabled person, when the
person is not providing transportation to a disabled person.
(b) Altering, modifying, or selling a certificate of
identification, windshield placard, or free parking sticker issued
under this section or by another state.
(c) Copying or forging a certificate of identification,
windshield placard, or free parking sticker described in this
section or selling a copied or forged certificate, placard, or
sticker described in this section. In the case of a violation of
this subdivision, the fine described in this subsection shall be
not less than $250.00.
(d) Using a copied or forged certificate of identification,
windshield placard, or free parking sticker described in this
section.
(e) Making a false statement of material fact to obtain or
assist an individual in obtaining a certificate, placard, or
sticker described in this section, a special registration plate
under section 803d, or a tab for persons with disabilities under
section 803f.
(f) Knowingly using or displaying a certificate, placard, or
sticker described in this section that has been canceled by the
secretary of state.
(17) Except as otherwise provided in this section, a person
who violates this section is responsible for a civil infraction.
(18) A certificate of identification issued before October 1,
1994 and containing an expiration date is valid for free parking in
a space controlled or regulated by a meter on a public highway or
in a publicly owned parking area or structure when the time for
parking indicated on the meter has expired, or in a parking space
clearly identified by an official sign as being reserved for use by
disabled persons that is on public property or private property
available for public use, until the expiration date printed on the
certificate. The certificate expires and shall be canceled on its
expiration date.
(19) A certificate of identification issued before October 1,
1994 that does not contain an expiration date expires and shall be
canceled on October 1, 1994.
(20) A certificate of identification shall not be issued or
renewed by the secretary of state after October 1, 1994.
(21) The secretary of state may cancel, revoke, or suspend a
windshield placard, free parking sticker, or certificate of
identification under any of the following circumstances:
(a) The secretary of state determines that a windshield
placard, free parking sticker, or certificate of identification was
fraudulently or erroneously issued.
(b) The secretary of state determines that a person has made
or is making an unlawful use of his or her windshield placard, free
parking sticker, or certificate of identification.
(c) The secretary of state determines that a check or draft
used to pay the required fee is not paid on its first presentation
and is not paid upon reasonable notice or demand or that the
required fee is paid by an invalid credit card.
(d) The secretary of state determines that the person is no
longer eligible to receive or use a windshield placard, free
parking sticker, or certificate of identification.
(e) The secretary of state determines that the owner has
committed an offense under this act involving a windshield placard,
free parking sticker, or certificate of identification.
(f) A person has violated this act and the secretary of state
is authorized under this act to cancel, revoke, or suspend a
windshield placard, free parking sticker, or certificate of
identification for that violation.
(g) The secretary of state receives notice from another state
or foreign country that a windshield placard, free parking sticker,
or certificate of identification issued by the secretary of state
has been surrendered by the owner or seized in conformity with the
laws of that other state or foreign country, or has been improperly
used or displayed in violation of the laws of that other state or
foreign country.
(22) Before a cancellation, revocation, or suspension under
subsection (21), the person affected thereby shall be given notice
and an opportunity to be heard.
(23) A windshield placard issued to a disabled person shall
bear the first letter and the last 3 digits of the disabled
person's driver's or chauffeur's license number or the first letter
and the last 4 digits of the number on his or her official state
personal identification card issued under 1972 PA 222, MCL 28.291
to 28.300.
(24) For purposes of this section only, the secretary of state
may accept an application for a windshield placard, special
registration plate, or free parking sticker from a disabled person
that is signed by a physician, physician assistant, or certified
nurse practitioner licensed or certified to practice in another
state if the application is accompanied by a copy of that
physician's, physician assistant's, or certified nurse
practitioner's current medical license or certification issued by
that state.
(25) This section does not require new or additional third
party reimbursement or worker's compensation benefits for services
rendered.
Sec. 803d. (1)
A disabled person may make
application apply to
the secretary of state and the secretary of state may issue special
registration plates inscribed with the official international
wheelchair symbol or a reasonable facsimile of that symbol and
special
identification numbers. Vehicles registered pursuant to
under section 801(1)(a) may be issued special registration plates
pursuant
to under this section. A vehicle which that is
used to
transport disabled persons may qualify for these distinguishing
plates when the registered owner of the vehicle resides at the same
address as the disabled person, submits as part of his or her
application for the plates a statement to the effect that the
vehicle is used for that purpose, and provides the secretary of
state with a medical statement attesting to the fact that the
person being transported is a disabled person. The fees for the
special registration plates shall correspond with the registration
fees provided in section 801(1)(a). Application for the special
plates shall be on a form prescribed by the secretary of state. As
part of a penalty imposed for violation of the special privileges
conferred by this section, a magistrate or judge may order the
special plates confiscated and returned to the secretary of state
together with a certified copy of the sentence imposed. The use of
special plates on a vehicle other than the vehicle for which the
plates are issued or by a person who does not qualify under this
section is a misdemeanor.
(2) Before issuing a special registration plate under this
section, the secretary of state shall advise the disabled person of
the cost of a special registration plate issued under this section
and the cost of a windshield placard issued under section 675.
