Bill Text: MI HB4398 | 2019-2020 | 100th Legislature | Introduced


Bill Title: Vehicles; automobiles; proof of insurance; revise requirements to reflect elimination of no-fault. Amends secs. 226, 227a, 323, 328, 518b, 658, 665, 665b, 732 & 801e of 1949 PA 300 (MCL 257.226 et seq.). TIE BAR WITH: HB 4397'19

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-20 - Bill Electronically Reproduced 03/20/2019 [HB4398 Detail]

Download: Michigan-2019-HB4398-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4398

 

 

March 19, 2019, Introduced by Reps. Sheppard, Miller, LaFave, Kahle and Bellino and referred to the Committee on Insurance.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 226, 227a, 323, 328, 518b, 658, 665, 665b,

 

732, and 801e (MCL 257.226, 257.227a, 257.323, 257.328, 257.518b,

 

257.658, 257.665, 257.665b, 257.732, and 257.801e), section 226 as

 

amended by 2018 PA 342, section 227a as added by 1995 PA 287,

 

section 323 as amended by 2018 PA 99, section 328 as amended by

 

2015 PA 135, section 518b as added by 2016 PA 348, section 658 as

 

amended by 2018 PA 204, section 665 as amended by 2016 PA 332,

 

section 665b as added by 2016 PA 333, section 732 as amended by

 

2017 PA 160, and section 801e as amended by 1983 PA 91.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 226. (1) A vehicle registration issued by the secretary

 

of state expires on the owner's birthday, unless another expiration

 


date is provided for under this act or unless the registration is

 

for the following vehicles, in which case registration expires on

 

the last day of February:

 

     (a) A commercial vehicle except for a commercial vehicle

 

issued a registration under the international registration plan or

 

a pickup truck or van owned by an individual.

 

     (b) Except for a trailer or semitrailer issued a registration

 

under the international registration plan, a trailer or semitrailer

 

owned by a business, corporation, or person other than an

 

individual; or a pole trailer.

 

     (2) The expiration date for a registration issued for a

 

motorcycle is the motorcycle owner's birthday.

 

     (3) The expiration date for a registration bearing the letters

 

"SEN" or "REP" is February 1.

 

     (4) In the case of a vehicle owned by a business, corporation,

 

or an owner other than an individual, the secretary of state may

 

assign or reassign the expiration date of the registration.

 

     (5) The secretary of state shall do all of the following:

 

     (a) After the October 1 immediately preceding the year

 

designated on the registration, issue a registration upon

 

application and payment of the proper fee for a commercial vehicle,

 

other than a pickup or van owned by an individual; or a trailer

 

owned by a business, corporation, or person other than an

 

individual.

 

     (b) Beginning 60 days before the expiration date assigned on

 

an international registration plan registration plate, issue a

 

registration under section 801g upon application and payment of the


proper apportioned fee for a commercial vehicle engaged in

 

interstate commerce.

 

     (c) Beginning 45 days before the owner's birthday and 120 days

 

before the expiration date assigned by the secretary of state,

 

issue a registration for a vehicle other than those designated in

 

subsection (1)(a) or (b). However, if an owner whose registration

 

period begins 45 days before his or her birthday will be out of the

 

state during the 45 days immediately preceding expiration of a

 

registration or for other good cause shown cannot apply for a

 

renewal registration within the 45-day period, application for a

 

renewal registration may be made not more than 6 months before

 

expiration.

 

     (6) Except as otherwise provided in this subsection, the

 

secretary of state, upon application and payment of the proper fee,

 

shall issue a registration for a vehicle or a motorcycle to a

 

resident that shall expire on the owner's birthday. If the owner's

 

next birthday is at least 6 months but not more than 12 months in

 

the future, the owner shall receive a registration valid until the

 

owner's next birthday. If the owner's next birthday is less than 6

 

months in the future, the owner shall receive a registration valid

 

until the owner's birthday following the owner's next birthday. The

 

tax required under this act for a registration described in this

 

subsection shall be either of the following:

 

     (a) For an original registration, the tax shall bear the same

 

relationship to the tax required under section 801 for a 12-month

 

registration as the length of the registration bears to 12 months.

 

     (b) For a renewal of a registration, either of the following:


     (i) For a registration that is for at least 6 months but not

 

more than 12 months, the same amount as for 12 months.

 

     (ii) For a renewal of a registration that is for more than 12

 

months, 2 times the amount for 12 months.

 

     Partial months shall be considered as whole months in the

 

calculation of the required tax and in the determination of the

 

length of time between the application for a registration and the

 

owner's next birthday. The tax required for that registration shall

 

be rounded off to whole dollars as provided in section 801.

 

     (7) A certificate of title shall remain valid until canceled

 

by the secretary of state for cause or upon a transfer of an

 

interest shown on the certificate of title.

 

     (8) The secretary of state, upon request, shall issue special

 

registration for commercial vehicles, valid for 6 months after the

 

date of issue, if the full registration fee exceeds $50.00, on the

 

payment of 1/2 the full registration fee and a service charge as

 

enumerated in section 802(1).

 

     (9) The secretary of state may issue a special registration

 

for each of the following:

 

     (a) A new vehicle purchased or leased outside of this state

 

and delivered in this state to the purchaser or lessee by the

 

manufacturer of that vehicle for removal to a place outside of this

 

state, if a certification is made that the vehicle will be

 

primarily used, stored, and registered outside of this state and

 

will not be returned to this state by the purchaser or lessee for

 

use or storage.

 

     (b) A vehicle purchased or leased in this state and delivered


to the purchaser or lessee by a dealer or by the owner of the

 

vehicle for removal to a place outside of this state, if a

 

certification is made that the vehicle will be primarily used,

 

stored, and registered outside of this state and will not be

 

returned to this state by the purchaser or lessee for use or

 

storage.

 

     (10) A special registration issued under subsection (9) is

 

valid for not more than 30 days after the date of issuance, and a

 

fee shall be collected for each special registration as provided in

 

section 802(3). The special registration may be in the form

 

determined by the secretary of state. If a dealer makes a retail

 

sale or lease of a vehicle to a purchaser or lessee who is

 

qualified and eligible to obtain a special registration, the dealer

 

shall apply for the special registration for the purchaser or

 

lessee. If a person other than a dealer sells or leases a vehicle

 

to a purchaser or lessee who is qualified and eligible to obtain a

 

special registration, the purchaser or lessee shall appear in

 

person, or by a person exercising the purchaser's or lessee's power

 

of attorney, at an office of the secretary of state and furnish a

 

certification that the person is the bona fide purchaser or lessee

 

or that the person has granted the power of attorney, together with

 

other forms required for the issuance of the special registration

 

and provide the secretary of state with proof that the vehicle is

 

covered by a Michigan no-fault an insurance policy issued under

 

that complies with section 3101 3009 of the insurance code of 1956,

 

1956 PA 218, MCL 500.3101, or proof that the vehicle is covered by

 

a policy of insurance issued by an insurer under section 3163 of


the insurance code of 1956, 1956 PA 218, MCL 500.3163. 500.3009.

 

The certification required in under this subsection shall contain

 

all of the following:

 

     (a) The address of the purchaser or lessee.

 

     (b) A statement that the vehicle is purchased or leased for

 

registration outside of this state.

 

     (c) A statement that the vehicle shall be primarily used,

 

stored, and registered outside of this state.

 

     (d) The name of the jurisdiction in which the vehicle is to be

 

registered.

 

     (e) Other information requested by the secretary of state.

 

     (11) In the case of a commercial vehicle, trailer, or

 

semitrailer issued a registration under the international

 

registration plan, the secretary of state in mutual agreement with

 

the owner may assign or reassign the expiration date of the

 

registration. However, the expiration date agreed to shall be

 

either March 31, June 30, September 30, or December 31 or beginning

 

on February 19, 2019, the last day of a calendar month. Renewals

 

expiring on or after June 30, 2020 shall be for a minimum of at

 

least 12 months if there is a change in the established expiration

 

date.

 

     (12) The expiration date for a multiyear registration issued

 

for a leased vehicle shall be the date the lease expires but shall

 

not be for a period longer than 24 months.

 

     Sec. 227a. (1) If a court has notified the secretary of state

 

of a vehicle registration number as provided in section 328(4) and

 

the owner has not secured proof that the vehicle involved in the


violation is currently insured under chapter 31 an insurance policy

 

that complies with section 3009 of the insurance code of 1956, Act

 

No. 218 of the Public Acts of 1956, being sections 500.3101 to

 

500.3179 of the Michigan Compiled Laws, 1956 PA 218, MCL 500.3009,

 

the secretary of state shall not renew, replace, or transfer the

 

registration plate of the vehicle involved in the violation or

 

allow the purchase of a new registration plate for the vehicle

 

involved in the violation, until the owner or the owner's

 

representative appears at a branch office and does both of the

 

following:

 

     (a) Shows a certified statement from an automobile insurer on

 

a standard form prescribed by the commissioner director of the

 

department of insurance and financial services that the vehicle

 

involved in the violation is currently insured under a prepaid

 

noncancelable insurance policy that is not cancelable for a period

 

of not less than 6 months under chapter 31 of Act No. 218 of the

 

Public Acts of 1956.or longer and that complies with section 3009

 

of the insurance code of 1956, 1956 PA 218, MCL 500.3009.

 

     (b) Pays a fee of $50.00 in addition to any other fee required

 

by law, of which $25.00 shall be allocated to the secretary of

 

state to defray the costs of administering this section.

 

     (2) The secretary of state may cancel the registration of a

 

motor vehicle under either of the following circumstances:

 

     (a) The secretary of state receives notice that a court has

 

determined that a vehicle involved in the violation was not insured

 

as required by chapter 31 of Act No. 218 of the Public Acts of

 

1956, under an insurance policy that complied with section 3009 of


the insurance code of 1956, 1956 PA 218, MCL 500.3009, at the time

 

of registration.

 

     (b) The secretary of state receives notice that a court has

 

determined that the owner or the owner's representative presented a

 

certificate of insurance that was forged, altered, fraudulent, or

 

counterfeit when insurance was required by this act.

 

     (3) Before a cancellation occurs the secretary of state

 

cancels a registration under subsection (2), the secretary of state

 

shall give the person who will be affected by the cancellation

 

shall be given notice and an opportunity to be heard.

 

     Sec. 323. (1) A person aggrieved by a final determination of

 

the secretary of state denying the person an operator's or

 

chauffeur's license, a vehicle group designation, or an indorsement

 

on a license or revoking, suspending, or restricting an operator's

 

or chauffeur's license, vehicle group designation, or an

 

indorsement may petition for a review of the determination in the

 

circuit court in the county where the person was arrested if the

 

denial or suspension was imposed under section 625f or under the

 

order of a trial court under section 328 or, in all other cases, in

 

the circuit court in the person's county of residence. The person

 

shall file the petition within 63 days after the determination is

 

made except that for good cause shown the court may allow the

 

person to file petition within 182 days after the determination is

 

made. As provided in section 625f, a peace officer aggrieved by a

 

determination of a hearing officer in favor of a person who

 

requested a hearing under section 625f may, with the prosecuting

 

attorney's consent, petition for review of the determination in the


circuit court in the county where the arrest was made. The peace

 

officer shall file the petition within 63 days after the

 

determination is made except that for good cause shown the court

 

may allow the peace officer to file the petition within 182 days

 

after the determination is made.

 

     (2) Except as otherwise provided in this section, the circuit

 

court shall enter an order setting the cause for hearing for a day

 

certain not more than 63 days after the order's date. The order, a

 

copy of the petition that includes the person's full name, current

 

address, birth date, and driver's license number, and all

 

supporting affidavits must be served on the secretary of state's

 

office in Lansing not less than 20 days before the date set for the

 

hearing. If the person is seeking a review of the record prepared

 

under section 322 or section 625f, the service upon the secretary

 

of state must be made not less than 50 days before the date set for

 

the hearing.

 

     (3) The court may take testimony and examine all the facts and

 

circumstances relating to the denial, suspension, or restriction of

 

the person's license under sections 303(1)(d), 320, or 904(10) or

 

(11), a licensing action under section 310d, or a suspension for a

 

first violation under section 625f. The court may affirm, modify,

 

or set aside the restriction, suspension, or denial, except the

 

court shall not order the secretary of state to issue a restricted

 

or unrestricted chauffeur's license that would permit the person to

 

drive a commercial motor vehicle that hauls a hazardous material.

 

The court shall enter the order and the petitioner shall file a

 

certified copy of the order with the secretary of state's office in


Lansing within 7 days after entry of the order.

 

     (4) Except as otherwise provided in this section, in reviewing

 

a determination resulting in a denial, suspension, restriction, or

 

revocation under this act, the court shall confine its

 

consideration to a review of the record prepared under section 322

 

or 625f or the driving record created under section 204a for a

 

statutory legal issue, and may determine that the petitioner is

 

eligible for full driving privileges or, if the petitioner is

 

subject to a revocation under section 303, may determine that the

 

petitioner is eligible for restricted driving privileges. The court

 

shall set aside the secretary of state's determination only if 1 or

 

more of the following apply:

 

     (a) In determining whether a petitioner is eligible for full

 

driving privileges, the petitioner's substantial rights have been

 

prejudiced because the determination is any of the following:

 

     (i) In violation of the Constitution of the United States, the

 

state constitution of 1963, or a statute.

 

     (ii) In excess of the secretary of state's statutory authority

 

or jurisdiction.

 

     (iii) Made upon unlawful procedure resulting in material

 

prejudice to the petitioner.

 

     (iv) Not supported by competent, material, and substantial

 

evidence on the whole record.

 

     (v) Arbitrary, capricious, or clearly an abuse or unwarranted

 

exercise of discretion.

 

     (vi) Affected by other substantial and material error of law.

 

     (b) In determining whether a petitioner is eligible for review


of a revocation or denial under section 303, or whether a

 

petitioner is eligible for restricted driving privileges, all of

 

the following apply:

 

     (i) The petitioner's substantial rights have been prejudiced

 

as described in subdivision (a).

 

     (ii) All of the following are satisfied:

 

     (A) The revocation or denial occurred at least 1 year after

 

the petitioner's license was revoked or denied, or, if the

 

petitioner's license was previously revoked or denied within the 7

 

years preceding the most recent revocation or denial, at least 5

 

years after the most recent revocation or denial, whichever is

 

later.

 

     (B) The court finds that the petitioner meets the department's

 

requirements under the rules promulgated by the department under

 

the administrative procedures act of 1969, 1969 PA 306, MCL 24.201

 

to 24.238. 24.328. For purposes of this sub-subparagraph only, the

 

court may take additional testimony to supplement the record

 

prepared under section 322 or 625f or the driving record created

 

under section 204a, but shall not expand the record.

 

     (C) If the revocation or denial was under section 303(2)(a),

 

(b), (c), or (g), the petitioner rebuts by clear and convincing

 

evidence the presumption that he or she is a habitual offender, and

 

establishes to the court's satisfaction that he or she is likely to

 

adhere to any requirements imposed by the court. For purposes of

 

this sub-subparagraph, the conviction that resulted in the

 

revocation and any record of denial of reinstatement by the

 

department are prima facie evidence that the petitioner is a


habitual offender. For purposes of this sub-subparagraph only, the

 

court may take additional testimony to supplement the record

 

prepared under section 322 or 625f or the driving record created

 

under section 204a, but shall not expand the record.

 

     (5) If the court determines that a petitioner is eligible for

 

restricted driving privileges under subsection (4)(b), the court

 

shall issue an order that includes, but is not limited to, all of

 

the following:

 

     (a) The court's findings under section 303 and R 257.1 to R

 

257.1727 of the Michigan Administrative Code.

 

     (b) A requirement that each motor vehicle operated by the

 

petitioner be equipped with a properly installed and functioning

 

ignition interlock device for a period of not less than 1 year

 

before the petitioner will be eligible to return to the secretary

 

of state for a hearing. The petitioner shall bear the cost of an

 

ignition interlock device required under this subdivision. A

 

restricted license must not be issued to the petitioner until the

 

secretary of state has verified that 1 or more ignition interlock

 

devices, if applicable, have been installed as required by this

 

subdivision.

 

     (c) A method by which the court will verify that the

 

petitioner maintains no-fault insurance for each vehicle described

 

in subdivision (b) as required by chapter 31 that complies with

 

section 3009 of the insurance code of 1956, 1956 PA 218, MCL

 

500.3101 to 500.3179.500.3009.

 

     (d) A requirement that a restricted license issued to the

 

petitioner must not permit the petitioner to operate a commercial


motor vehicle that hauls hazardous materials.

 

     (e) A provision that the secretary of state shall revoke the

 

petitioner's restricted license if any of the following occur:

 

     (i) The petitioner violates the restrictions on his or her

 

license.

 

     (ii) The petitioner violates subdivision (b).

 

     (iii) The petitioner removes, or causes to be removed, an

 

ignition interlock device required under subdivision (b), unless

 

the secretary of state has authorized the removal under section

 

322a.

 

     (iv) The petitioner commits an act that would be a major

 

violation if the petitioner's license had been issued under section

 

322(6) or consumes alcohol or a controlled substance without a

 

prescription. As used in this subparagraph, "major violation" means

 

that term as defined in R 257.301a of the Michigan Administrative

 

Code.

 

     (v) The petitioner is arrested for a violation of section 625

 

or a local ordinance, law of this state or another state, or law of

 

the United States that substantially corresponds to section 625.

 

     (6) If the court determines that a petitioner is eligible for

 

restricted driving privileges under this section and the petitioner

 

intends to operate a vehicle owned by his or her employer, the

 

court shall notify the employer of the petitioner's obligation

 

under subsection (5)(b). This subsection does not require an

 

employer who receives a notice under this subsection to install an

 

ignition interlock device on a vehicle. This subsection does not

 

apply to a vehicle that is operated by a self-employed individual


who uses the vehicle for both business and personal use.

 

     (7) If a court determines that a petitioner is eligible for

 

restricted driving privileges, the secretary of state shall not

 

issue a restricted license to the petitioner until he or she has

 

satisfied any other applicable requirements of state or federal

 

law, and shall not issue a restricted license to the petitioner if

 

the order granting eligibility for restricted driving privileges

 

does not comply with subsection (5).

 

     (8) If a court determines that a petitioner is eligible for

 

restricted driving privileges, the court shall notify the

 

department of its determination through the issuance of an order

 

under subsection (5) and shall not retain jurisdiction over a

 

license issued under this section.

 

     Sec. 328. (1) The owner of a motor vehicle who operates or

 

permits the operation of the motor vehicle upon the highways of

 

this state or the operator of the motor vehicle shall produce,

 

under subsection (2), upon the request of a police officer,

 

evidence that the motor vehicle is insured under chapter 31 a

 

policy of insurance that complies with section 3009 of the

 

insurance code of 1956, 1956 PA 218, MCL 500.3101 to 500.3179.

 

500.3009. Subject to section 907(15), an owner or operator of a

 

motor vehicle who fails to produce evidence of insurance upon

 

request under this subsection or who fails to have motor vehicle

 

insurance for the vehicle as required under chapter 31 that

 

complies with section 3009 of the insurance code of 1956, 1956 PA

 

218, MCL 500.3101 to 500.3179, 500.3009, is responsible for a civil

 

infraction. If a person displays an electronic copy of his or her


certificate of insurance using an electronic device, the police

 

officer shall only view the electronic copy of the certificate of

 

insurance and shall not manipulate the electronic device to view

 

any other information on the electronic device. A person who

 

displays an electronic copy of his or her certificate of insurance

 

using an electronic device as provided in this subsection shall not

 

be presumed to have consented to a search of the electronic device.

 

A police officer may require the person to electronically forward

 

the electronic copy of the certificate of insurance to a specified

 

location provided by the police officer. The police officer may

 

then view the electronic copy of the certificate of insurance in a

 

setting in which it is safe for the officer to verify that the

 

information contained in the electronic copy of the certificate of

 

insurance is valid and accurate. This state, a law enforcement

 

agency, or an employee of this state or a law enforcement agency is

 

not liable for damage to or loss of an electronic device that

 

occurs as a result of a police officer's viewing an electronic copy

 

of a certificate of insurance in the manner provided in this

 

section, regardless of whether the police officer or the owner or

 

operator of the vehicle was in possession of the electronic device

 

at the time the damage or loss occurred.

 

     (2) A certificate of insurance, in paper or electronic form

 

and issued by an insurance company, that certifies that the

 

security that meets the requirements of sections 3101 and 3102

 

insurance that complies with section 3009 of the insurance code of

 

1956, 1956 PA 218, MCL 500.3101 and 500.3102, 500.3009, is in force

 

is prima facie evidence that insurance is in force for the motor


vehicle described in the certificate of insurance until the

 

expiration date shown on the certificate. The certificate, in

 

addition to describing the motor vehicles for which insurance is in

 

effect, must, if applicable, state the name of each person named on

 

the policy, policy declaration, or a declaration certificate whose

 

operation of the vehicle would cause the liability coverage of that

 

insurance to become void.

 

     (3) If, before the appearance date on a citation issued under

 

subsection (1), the defendant submits proof to the court that the

 

motor vehicle had insurance meeting the requirements of sections

 

3101 and 3102 that complied with section 3009 of the insurance code

 

of 1956, 1956 PA 218, MCL 500.3101 and 500.3102, 500.3009 at the

 

time the violation of subsection (1) occurred, all of the following

 

apply:

 

     (a) The court shall not assess a fine or costs.

 

     (b) The court shall not forward an abstract of the court

 

record to the secretary of state.

 

     (c) The court may assess a fee of not more than $25.00, which

 

shall be paid to the court funding unit.

 

     (4) If an owner or operator of a motor vehicle is determined

 

to be responsible for a violation of subsection (1), the court in

 

which the civil infraction determination is entered may require the

 

person to surrender his or her operator's or chauffeur's license

 

unless proof that the vehicle has insurance meeting the

 

requirements of sections 3101 and 3102 that complies with section

 

3009 of the insurance code of 1956, 1956 PA 218, MCL 500.3101 and

 

500.3102, 500.3009, is submitted to the court. If the court


requires the license to be surrendered, the court shall order the

 

secretary of state to suspend the person's license. The court shall

 

immediately destroy the license and shall forward an abstract of

 

the court record to the secretary of state as required by section

 

732. Upon receipt of the abstract, the secretary of state shall

 

suspend the person's license beginning with the date on which the

 

person is determined to be responsible for the civil infraction for

 

a period of 30 days or until proof of insurance meeting the

 

requirements of sections 3101 and 3102 that complies with section

 

3009 of the insurance code of 1956, 1956 PA 218, MCL 500.3101 and

 

500.3102, 500.3009, is submitted to the secretary of state,

 

whichever occurs later. A person who submits proof of insurance to

 

the secretary of state under this subsection shall pay a service

 

fee of $25.00 to the secretary of state. The person shall not be

 

required to be examined under section 320c and shall not be

 

required to pay a replacement license fee.

 

     (5) If an owner or operator of a motor vehicle is determined

 

to be responsible for a violation of subsection (1), the court in

 

which the civil infraction determination is entered shall notify

 

the secretary of state of the vehicle registration number and the

 

year and make of the motor vehicle being operated at the time of

 

the violation. A notification under this subsection shall be made

 

on the abstract or on a form approved by the supreme court

 

administrator. Upon receipt, the secretary of state shall

 

immediately enter this information in the records of the

 

department. The secretary of state shall not renew, transfer, or

 

replace the registration plate of the vehicle involved in the


violation or allow the purchase of a new registration plate for the

 

vehicle involved in the violation until the owner meets the

 

requirements of section 227a or unless the vehicle involved in the

 

violation is transferred or sold to a person other than the owner's

 

spouse, mother, father, sister, brother, or child.

 

     (6) An owner or operator of a motor vehicle who knowingly

 

produces false evidence under this section is guilty of a

 

misdemeanor, punishable by imprisonment for not more than 1 year,

 

or a fine of not more than $1,000.00, or both.

 

     (7) Points The secretary of state shall not be entered enter

 

points on a driver's record under section 320a for a violation of

 

this section.

 

     (8) This section does not apply to the owner or operator of a

 

motor vehicle that is registered in a state other than this state

 

or a foreign country or province.

 

     Sec. 518b. (1) All of the following types of automobile

 

insurance satisfy the financial responsibility requirements of this

 

chapter:

 

     (a) During the time that a transportation network company

 

driver is logged on to the transportation network company's digital

 

network and is available to receive transportation requests but is

 

not engaged in a transportation network company prearranged ride,

 

all of the following types of automobile insurance:

 

     (i) Residual third party automobile liability insurance as

 

required under chapter 31 that complies with section 3009 of the

 

insurance code of 1956, 1956 PA 218, MCL 500.3101 to 500.3179,

 

500.3009, in the amount of at least $50,000.00 per person for death


or bodily injury, $100,000.00 per incident for death or bodily

 

injury, and $25,000.00 for property damage.

 

     (ii) Personal protection insurance and property protection

 

insurance in the amounts and of the types of coverage required by

 

chapter 31 of the insurance code of 1956, 1956 PA 218, MCL 500.3101

 

to 500.3179.

 

     (b) During the time that a transportation network company

 

driver is engaged in a transportation network company prearranged

 

ride, all of the following types of automobile insurance:

 

     (i) Residual third party automobile liability insurance that

 

complies with section 3009 of the insurance code of 1956, 1956 PA

 

218, MCL 500.3009, with a minimum combined single limit of

 

$1,000,000.00 for all bodily injury or property damage.

 

     (ii) Personal protection insurance and property protection

 

insurance in the amounts and of the types of coverage required by

 

chapter 31 of the insurance code of 1956, 1956 PA 218, MCL 500.3101

 

to 500.3179.

 

     (2) This section only applies to automobile insurance obtained

 

by a transportation network company driver or a transportation

 

network company.

 

     Sec. 658. (1) A person propelling a bicycle or operating a

 

motorcycle or moped shall not ride other than upon and astride a

 

permanent and regular seat attached to that vehicle.

 

     (2) A bicycle or motorcycle shall not be used to carry more

 

persons at 1 time than the number for which it is designed and

 

equipped.

 

     (3) An electric personal assistive mobility device or an


electric skateboard shall not be used to carry more than 1 person

 

at a time.

 

     (4) A person less than 19 years of age operating a moped on a

 

public thoroughfare shall wear a crash helmet on his or her head. A

 

person less than 19 years of age operating an electric skateboard

 

shall wear a crash helmet on his or her head. Except as provided in

 

subsection (5), a person operating or riding on a motorcycle shall

 

wear a crash helmet on his or her head.

 

     (5) The following conditions apply to a person 21 years of age

 

or older operating or riding on a motorcycle, as applicable:

 

     (a) A person who is operating a motorcycle is not required to

 

wear a crash helmet on his or her head if he or she has had a

 

motorcycle endorsement on his or her operator's or chauffeur's

 

license for not less than 2 years or the person passes a motorcycle

 

safety course conducted under section 811a or 811b. and satisfies

 

the requirements of subdivision (c).

 

     (b) A person who is riding on a motorcycle is not required to

 

wear a crash helmet on his or her head. if the person or the

 

operator of the motorcycle satisfies the requirements of

 

subdivision (c).

 

     (c) A person who is operating a motorcycle and a person who is

 

riding on a motorcycle are not required to wear crash helmets on

 

their heads if the operator of the motorcycle or the rider has in

 

effect security for the first-party medical benefits payable in the

 

event that he or she is involved in a motorcycle accident, as

 

provided in section 3103 of the insurance code of 1956, 1956 PA

 

218, MCL 500.3103, in 1 of the following amounts, as applicable:


     (i) A motorcycle operator without a rider, not less than

 

$20,000.00.

 

     (ii) A motorcycle operator with a rider, not less than

 

$20,000.00 per person per occurrence. However, if the rider has

 

security in an amount not less than $20,000.00, then the operator

 

is only required to have security in the amount of not less than

 

$20,000.00.

 

     (6) Crash helmets shall be approved by the department of state

 

police. The department of state police shall promulgate rules for

 

the implementation of this section under the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Rules in

 

effect on June 1, 1970, apply to helmets required by this act.

 

     (7) The crash helmet requirements under this section do not

 

apply to a person operating or riding in an autocycle if the

 

vehicle is equipped with a roof that meets or exceeds standards for

 

a crash helmet.

 

     (8) A person operating or riding in an autocycle shall wear

 

seat belts when on a public highway in this state.

 

     (9) A person under the age of 12 shall not operate an electric

 

skateboard on a public highway or street.

 

     Sec. 665. (1) Before beginning research or testing on a

 

highway or street in this state of an automated motor vehicle,

 

technology that allows a motor vehicle to operate without a human

 

operator, or any automated driving system installed in a motor

 

vehicle under this section, the manufacturer of automated driving

 

systems or upfitter performing that research or testing shall

 

submit proof satisfactory to the secretary of state that the


vehicle is insured under chapter 31 under an insurance policy that

 

meets the requirements of section 3009 of the insurance code of

 

1956, 1956 PA 218, MCL 500.3101 to 500.3179.500.3009.

 

     (2) A manufacturer of automated driving systems or upfitter

 

shall ensure that all of the following circumstances exist when

 

researching or testing the operation, including operation without a

 

human operator, of an automated motor vehicle or any automated

 

technology or automated driving system installed in a motor vehicle

 

upon a highway or street:

 

     (a) The vehicle is operated only by an employee, contractor,

 

or other person designated or otherwise authorized by that

 

manufacturer of automated driving systems or upfitter. This

 

subdivision does not apply to a university researcher or an

 

employee of the state transportation department or the department

 

described in subsection (3).

 

     (b) An individual described in subdivision (a) has the ability

 

to monitor the vehicle's performance while it is being operated on

 

a highway or street in this state and, if necessary, promptly take

 

control of the vehicle's movements. If the individual does not, or

 

is unable to, take control of the vehicle, the vehicle shall be

 

capable of achieving a minimal risk condition.

 

     (c) The individual operating the vehicle under subdivision (a)

 

and the individual who is monitoring the vehicle for purposes of

 

subdivision (b) may lawfully operate a motor vehicle in the United

 

States.

 

     (3) A university researcher or an employee of the state

 

transportation department or the department who is engaged in


research or testing of automated motor vehicles may operate an

 

automated motor vehicle if the operation is in compliance with

 

subsection (2).

 

     (4) An automated motor vehicle may be operated on a street or

 

highway in this state.

 

     (5) When engaged, an automated driving system allowing for

 

operation without a human operator shall be considered the driver

 

or operator of a vehicle for purposes of determining conformance to

 

any applicable traffic or motor vehicle laws and shall be deemed to

 

satisfy electronically all physical acts required by a driver or

 

operator of the vehicle.

 

     (6) The Michigan council on future mobility is created within

 

the state transportation department. The council shall provide to

 

the governor, legislature, department, state transportation

 

department, department of insurance and financial services,

 

department of technology, management, and budget, and department of

 

state police recommendations for changes in state policy to ensure

 

that this state continues to be the world leader in autonomous,

 

driverless, and connected vehicle technology. The council created

 

under this subsection shall consist of all of the following

 

members, who shall serve without compensation:

 

     (a) Eleven individuals appointed by the governor who represent

 

the interests of local government or are business, policy,

 

research, or technological leaders in future mobility. The

 

individuals appointed under this subdivision shall be voting

 

members.

 

     (b) One individual appointed by the governor who is


representative of insurance interests. The individual appointed

 

under this subdivision shall be a voting member.

 

     (c) Two state senators appointed by the senate majority leader

 

to serve as nonvoting ex officio members. One of the senators

 

appointed under this subdivision shall be a member of the majority

 

party, and 1 of the senators appointed under this subdivision shall

 

be a member of the minority party.

 

     (d) Two state representatives appointed by the speaker of the

 

house of representatives to serve as nonvoting ex officio members.

 

One of the representatives appointed under this subdivision shall

 

be a member of the majority party, and 1 of the representatives

 

appointed under this subdivision shall be a member of the minority

 

party.

 

     (e) The secretary of state or his or her designee. The

 

individual appointed under this subdivision shall be a voting

 

member.

 

     (f) The director of the state transportation department or his

 

or her designee. The individual appointed under this subdivision

 

shall be a voting member.

 

     (g) The director of the department of state police or his or

 

her designee. The individual appointed under this subdivision shall

 

be a voting member.

 

     (h) The director of the department of insurance and financial

 

services or his or her designee. The individual appointed under

 

this subdivision shall be a voting member.

 

     (i) The director of the department of technology, management,

 

and budget or his or her designee. The individual appointed under


this subdivision shall be a voting member.

 

     (7) The governor shall designate 1 or more of the members of

 

the commission to serve as chairperson of the commission who shall

 

serve at the governor's pleasure.

 

     (8) The council created under subsection (6) shall submit

 

recommendations for statewide policy changes and updates no later

 

than March 31, 2017 and shall continue to make recommendations

 

annually thereafter, or more frequently in the commission's

 

discretion.

 

     (9) A person may operate a platoon on a street or highway of

 

this state if the person files a plan for general platoon

 

operations with the department of state police and the state

 

transportation department before starting platoon operations. If

 

the plan is not rejected by either the department of state police

 

or the state transportation department within 30 days after receipt

 

of the plan, the person shall be allowed to operate the platoon.

 

     (10) All of the following apply to a platoon:

 

     (a) Vehicles in a platoon shall not be considered a

 

combination of vehicles for purposes of this act.

 

     (b) The lead vehicle in a platoon shall not be considered to

 

draw the other vehicles.

 

     (c) If the platoon includes a commercial motor vehicle, an

 

appropriately endorsed driver who holds a valid commercial driver

 

license shall be present behind the wheel of each commercial motor

 

vehicle in the platoon.

 

     Sec. 665b. (1) A motor vehicle manufacturer may participate in

 

a SAVE project if it self-certifies to all of the following:


     (a) That it is a motor vehicle manufacturer. A person that is

 

not a motor vehicle manufacturer may not participate in a SAVE

 

project.

 

     (b) That each vehicle in the participating fleet is owned or

 

controlled by the motor vehicle manufacturer and is equipped with

 

all of the following:

 

     (i) An automated driving system.

 

     (ii) Automatic crash notification technology.

 

     (iii) A data recording system that has the capacity to record

 

the automated driving system's status and other vehicle attributes

 

including, but not limited to, speed, direction, and location

 

during a specified time period before a crash as determined by the

 

motor vehicle manufacturer.

 

     (c) That the participating fleet complies with all applicable

 

state and federal laws.

 

     (d) That each vehicle in the participating fleet is capable of

 

being operated in compliance with applicable traffic and motor

 

vehicle laws of this state.

 

     (2) A motor vehicle manufacturer's eligibility to participate

 

in a SAVE project under this section is conditioned solely upon

 

meeting the requirements of this section. A motor vehicle

 

manufacturer shall verify its satisfaction of the requirements of

 

this section using the self-certification described in subsection

 

(1).

 

     (3) All of the following apply to a motor vehicle manufacturer

 

that participates in a SAVE project:

 

     (a) The motor vehicle manufacturer may commence a SAVE project


at any time after it notifies the department that it has self-

 

certified as provided in subsection (1). The notification required

 

by this subdivision shall also set forth the geographical

 

boundaries for the SAVE project. A motor vehicle manufacturer may

 

make multiple notifications under this subsection.

 

     (b) The motor vehicle manufacturer may participate in a SAVE

 

project under any terms it deems appropriate so long as the terms

 

are consistent with this section and other applicable law.

 

     (c) The motor vehicle manufacturer shall determine the

 

geographical boundaries for a SAVE project, which may include, but

 

are not limited to, any of the following:

 

     (i) A designated area within a municipality.

 

     (ii) An area maintained by a regional authority.

 

     (iii) A university campus.

 

     (iv) A development that caters to senior citizens.

 

     (v) A geographic or demographic area that is similar to the

 

areas described in subparagraphs (i) to (iv).

 

     (d) Public operation of a participating fleet shall be

 

confined to the boundaries selected by the motor vehicle

 

manufacturer under subdivision (c).

 

     (e) For the duration of a SAVE project, the motor vehicle

 

manufacturer shall maintain incident records and provide periodic

 

summaries related to the safety and efficacy of travel of the

 

participating fleet to the department and the National Highway

 

Traffic Safety Administration.

 

     (f) An individual who participates in a SAVE project is deemed

 

by his or her participation to have consented to the collection of


the information described in subdivision (e) while he or she is in

 

a vehicle that is part of the participating fleet and to the

 

provision of the summaries to the department and the National

 

Highway Traffic Safety Administration as described in subdivision

 

(e). Before commencing a SAVE project, and for the duration of the

 

SAVE project, the motor vehicle manufacturer shall make publicly

 

available a privacy statement disclosing its data handling

 

practices in connection with the applicable participating fleet.

 

     (4) When engaged, an automated driving system or any remote or

 

expert-controlled assist activity shall be considered the driver or

 

operator of the vehicle for purposes of determining conformance to

 

any applicable traffic or motor vehicle laws and shall be deemed to

 

satisfy electronically all physical acts required by a driver or

 

operator of the vehicle. A motor vehicle manufacturer shall insure

 

each vehicle in a participating fleet as required under this act

 

and chapter 31 under an insurance policy that complies with section

 

3009 of the insurance code of 1956, 1956 PA 218, MCL 500.3101 to

 

500.3179. 500.3009. For each SAVE project in which it participates,

 

during the time that an automated driving system is in control of a

 

vehicle in the participating fleet, a motor vehicle manufacturer

 

shall assume liability for each incident in which the automated

 

driving system is at fault. , subject to chapter 31 of the

 

insurance code of 1956, 1956 PA 218, MCL 500.3101 to 500.3179.

 

     Sec. 732. (1) Each municipal judge and each clerk of a court

 

of record shall keep a full record of every case in which a person

 

is charged with or cited for a violation of this act or a local

 

ordinance substantially corresponding to this act regulating the


operation of vehicles on highways and with those offenses

 

pertaining to the operation of ORVs or snowmobiles for which points

 

are assessed under section 320a(1)(c) or (i). Except as provided in

 

subsection (16), the municipal judge or clerk of the court of

 

record shall prepare and forward to the secretary of state an

 

abstract of the court record as follows:

 

     (a) Not more than 5 days after a conviction, forfeiture of

 

bail, or entry of a civil infraction determination or default

 

judgment upon a charge of or citation for violating or attempting

 

to violate this act or a local ordinance substantially

 

corresponding to this act regulating the operation of vehicles on

 

highways.

 

     (b) Immediately for each case charging a violation of section

 

625(1), (3), (4), (5), (6), (7), or (8) or section 625m or a local

 

ordinance substantially corresponding to section 625(1), (3), (6),

 

or (8) or section 625m in which the charge is dismissed or the

 

defendant is acquitted.

 

     (c) Immediately for each case charging a violation of section

 

82127(1) or (3) or 81134 of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.82127 and 324.81134, or a

 

local ordinance substantially corresponding to those sections.

 

     (2) If a city or village department, bureau, or person is

 

authorized to accept a payment of money as a settlement for a

 

violation of a local ordinance substantially corresponding to this

 

act, the city or village department, bureau, or person shall send a

 

full report of each case in which a person pays any amount of money

 

to the city or village department, bureau, or person to the


secretary of state upon a form prescribed by the secretary of

 

state.

 

     (3) The abstract or report required under this section shall

 

be made upon a form furnished by the secretary of state. An

 

abstract shall be certified by signature, stamp, or facsimile

 

signature of the person required to prepare the abstract as

 

correct. An abstract or report shall include all of the following:

 

     (a) The name, address, and date of birth of the person charged

 

or cited.

 

     (b) The number of the person's operator's or chauffeur's

 

license, if any.

 

     (c) The date and nature of the violation.

 

     (d) The type of vehicle driven at the time of the violation

 

and, if the vehicle is a commercial motor vehicle, that vehicle's

 

group designation.

 

     (e) The date of the conviction, finding, forfeiture, judgment,

 

or civil infraction determination.

 

     (f) Whether bail was forfeited.

 

     (g) Any license restriction, suspension, or denial ordered by

 

the court as provided by law.

 

     (h) The vehicle identification number and registration plate

 

number of all vehicles that are ordered immobilized or forfeited.

 

     (i) Other information considered necessary to the secretary of

 

state.

 

     (4) The clerk of the court also shall forward an abstract of

 

the court record to the secretary of state upon a person's

 

conviction or, for the purposes of subdivision (d), a finding or


admission of responsibility, involving any of the following:

 

     (a) A violation of section 413, 414, or 479a of the Michigan

 

penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a.

 

     (b) A violation of section 1 of former 1931 PA 214.

 

     (c) Negligent homicide, manslaughter, or murder resulting from

 

the operation of a vehicle.

 

     (d) A violation of sections 701(1) and 703 of the Michigan

 

liquor control code of 1998, 1998 PA 58, MCL 436.1701 and 436.1703,

 

or a local ordinance substantially corresponding to those sections.

 

     (e) A violation of section 411a(2) of the Michigan penal code,

 

1931 PA 328, MCL 750.411a.

 

     (f) A violation of motor carrier safety regulations 49 CFR

 

392.10 or 392.11 as adopted by section 1a of the motor carrier

 

safety act of 1963, 1963 PA 181, MCL 480.11a.

 

     (g) A violation of section 57 of the pupil transportation act,

 

1990 PA 187, MCL 257.1857.

 

     (h) An attempt to violate, a conspiracy to violate, or a

 

violation of part 74 of the public health code, 1978 PA 368, MCL

 

333.7401 to 333.7461, or a local ordinance that prohibits conduct

 

prohibited under part 74 of the public health code, 1978 PA 368,

 

MCL 333.7401 to 333.7461, unless the convicted person is sentenced

 

to life imprisonment or a minimum term of imprisonment that exceeds

 

1 year for the offense.

 

     (i) An attempt to commit an offense described in subdivisions

 

(a) to (g).

 

     (j) A violation of chapter LXXXIII-A of the Michigan penal

 

code, 1931 PA 328, MCL 750.543a to 750.543z.


     (k) A violation of section 3101, 3102(1), or 3103 of the

 

insurance code of 1956, 1956 PA 218, MCL 500.3101, 500.3102, and

 

500.3103.328.

 

     (l) A violation listed as a disqualifying offense under 49 CFR

 

383.51.

 

     (5) The clerk of the court shall also forward an abstract of

 

the court record to the secretary of state if a person has pled

 

guilty to, or offered a plea of admission in a juvenile proceeding

 

for, a violation of section 703 of the Michigan liquor control code

 

of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance

 

substantially corresponding to that section, and has had further

 

proceedings deferred under that section. If the person is sentenced

 

to a term of probation and terms and conditions of probation are

 

fulfilled and the court discharges the individual and dismisses the

 

proceedings, the court shall also report the dismissal to the

 

secretary of state.

 

     (6) As used in subsections (7) to (9), "felony in which a

 

motor vehicle was used" means a felony during the commission of

 

which the person operated a motor vehicle and while operating the

 

vehicle presented real or potential harm to persons or property and

 

1 or more of the following circumstances existed:

 

     (a) The vehicle was used as an instrument of the felony.

 

     (b) The vehicle was used to transport a victim of the felony.

 

     (c) The vehicle was used to flee the scene of the felony.

 

     (d) The vehicle was necessary for the commission of the

 

felony.

 

     (7) If a person is charged with a felony in which a motor


vehicle was used, other than a felony specified in subsection (4)

 

or section 319, the prosecuting attorney shall include the

 

following statement on the complaint and information filed in

 

district or circuit court:

 

     "You are charged with the commission of a felony in which a

 

motor vehicle was used. If you are convicted and the judge finds

 

that the conviction is for a felony in which a motor vehicle was

 

used, as defined in section 319 of the Michigan vehicle code, 1949

 

PA 300, MCL 257.319, your driver's license shall be suspended by

 

the secretary of state.".

 

     (8) If a juvenile is accused of an act, the nature of which

 

constitutes a felony in which a motor vehicle was used, other than

 

a felony specified in subsection (4) or section 319, the

 

prosecuting attorney or family division of circuit court shall

 

include the following statement on the petition filed in the court:

 

     "You are accused of an act the nature of which constitutes a

 

felony in which a motor vehicle was used. If the accusation is

 

found to be true and the judge or referee finds that the nature of

 

the act constitutes a felony in which a motor vehicle was used, as

 

defined in section 319 of the Michigan vehicle code, 1949 PA 300,

 

MCL 257.319, your driver's license shall be suspended by the

 

secretary of state.".

 

     (9) If the court determines as part of the sentence or

 

disposition that the felony for which the person was convicted or

 

adjudicated and with respect to which notice was given under

 

subsection (7) or (8) is a felony in which a motor vehicle was

 

used, the clerk of the court shall forward an abstract of the court


record of that conviction to the secretary of state.

 

     (10) As used in subsections (11) and (12), "felony in which a

 

commercial motor vehicle was used" means a felony during the

 

commission of which the person operated a commercial motor vehicle

 

and while the person was operating the vehicle 1 or more of the

 

following circumstances existed:

 

     (a) The vehicle was used as an instrument of the felony.

 

     (b) The vehicle was used to transport a victim of the felony.

 

     (c) The vehicle was used to flee the scene of the felony.

 

     (d) The vehicle was necessary for the commission of the

 

felony.

 

     (11) If a person is charged with a felony in which a

 

commercial motor vehicle was used and for which a vehicle group

 

designation on a license is subject to suspension or revocation

 

under section 319b(1)(c)(iii), 319b(1)(d), 319b(1)(e)(iii), or

 

319b(1)(f)(i), (d), (e)(iii), or (f)(i), the prosecuting attorney

 

shall include the following statement on the complaint and

 

information filed in district or circuit court:

 

     "You are charged with the commission of a felony in which a

 

commercial motor vehicle was used. If you are convicted and the

 

judge finds that the conviction is for a felony in which a

 

commercial motor vehicle was used, as defined in section 319b of

 

the Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle

 

group designations on your driver's license shall be suspended or

 

revoked by the secretary of state.".

 

     (12) If the judge determines as part of the sentence that the

 

felony for which the defendant was convicted and with respect to


which notice was given under subsection (11) is a felony in which a

 

commercial motor vehicle was used, the clerk of the court shall

 

forward an abstract of the court record of that conviction to the

 

secretary of state.

 

     (13) Every person required to forward abstracts to the

 

secretary of state under this section shall certify for the period

 

from January 1 through June 30 and for the period from July 1

 

through December 31 that all abstracts required to be forwarded

 

during the period have been forwarded. The certification shall be

 

filed with the secretary of state not later than 28 days after the

 

end of the period covered by the certification. The certification

 

shall be made upon a form furnished by the secretary of state and

 

shall include all of the following:

 

     (a) The name and title of the person required to forward

 

abstracts.

 

     (b) The court for which the certification is filed.

 

     (c) The time period covered by the certification.

 

     (d) The following statement:

 

     "I certify that all abstracts required by section 732 of the

 

Michigan vehicle code, MCL 257.732; MSA 9.2432, for the period

 

________________ through ______________ have been forwarded to the

 

secretary of state.".

 

     (e) Other information the secretary of state considers

 

necessary.

 

     (f) The signature of the person required to forward abstracts.

 

     (14) The failure, refusal, or neglect of a person to comply

 

with this section constitutes misconduct in office and is grounds


for removal from office.

 

     (15) Except as provided in subsection (16), the secretary of

 

state shall keep all abstracts received under this section at the

 

secretary of state's main office and the abstracts shall be open

 

for public inspection during the office's usual business hours.

 

Each abstract shall be entered upon the master driving record of

 

the person to whom it pertains.

 

     (16) Except for controlled substance offenses described in

 

subsection (4), the court shall not submit, and the secretary of

 

state shall discard and not enter on the master driving record, an

 

abstract for a conviction or civil infraction determination for any

 

of the following violations:

 

     (a) The parking or standing of a vehicle.

 

     (b) A nonmoving violation that is not the basis for the

 

secretary of state's suspension, revocation, or denial of an

 

operator's or chauffeur's license.

 

     (c) A violation of chapter II that is not the basis for the

 

secretary of state's suspension, revocation, or denial of an

 

operator's or chauffeur's license.

 

     (d) A pedestrian, passenger, or bicycle violation, other than

 

a violation of section 703(1) or (2) of the Michigan liquor control

 

code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance

 

substantially corresponding to section 703(1) or (2) of the

 

Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or

 

section 624a or 624b or a local ordinance substantially

 

corresponding to section 624a or 624b.

 

     (e) A violation of section 710e or a local ordinance


substantially corresponding to section 710e.

 

     (f) A violation of section 328(1) if, before the appearance

 

date on the citation, the person submits proof to the court that

 

the motor vehicle had insurance meeting the requirements of

 

sections 3101 and 3102 that complied with section 3009 of the

 

insurance code of 1956, 1956 PA 218, MCL 500.3101 and 500.3102,

 

500.3009, at the time the citation was issued. Insurance obtained

 

subsequent to the time of the violation does not make the violation

 

an exception under this subsection.

 

     (g) A violation described in section 319b(10)(b)(vii) if,

 

before the court appearance date or date fines are to be paid, the

 

person submits proof to the court that he or she held a valid

 

commercial driver license on the date the citation was issued.

 

     (h) A violation of section 311 if the person was driving a

 

noncommercial vehicle and, before the court appearance date or the

 

date fines are to be paid, the person submits proof to the court

 

that he or she held a valid driver license on the date the citation

 

was issued.

 

     (i) A violation of section 602b(1) or 602c.

 

     (17) Except as otherwise provided in this subsection, the

 

secretary of state shall discard and not enter on the master

 

driving record an abstract for a bond forfeiture that occurred

 

outside this state. The secretary of state shall enter on the

 

master driving record an abstract for a conviction as defined in

 

section 8a(b) that occurred outside this state in connection with

 

the operation of a commercial motor vehicle or for a conviction of

 

a person licensed as a commercial motor vehicle driver.


     (18) The secretary of state shall inform the courts of this

 

state of the nonmoving violations and violations of chapter II that

 

are used by the secretary of state as the basis for the suspension,

 

restriction, revocation, or denial of an operator's or chauffeur's

 

license.

 

     (19) If a conviction or civil infraction determination is

 

reversed upon appeal, the person whose conviction or determination

 

has been reversed may serve on the secretary of state a certified

 

copy of the order of reversal. The secretary of state shall enter

 

the order in the proper book or index in connection with the record

 

of the conviction or civil infraction determination.

 

     (20) The secretary of state may permit a city or village

 

department, bureau, person, or court to modify the requirement as

 

to the time and manner of reporting a conviction, civil infraction

 

determination, or settlement to the secretary of state if the

 

modification will increase the economy and efficiency of collecting

 

and utilizing the records. If the permitted abstract of court

 

record reporting a conviction, civil infraction determination, or

 

settlement originates as a part of the written notice to appear,

 

authorized in section 728(1) or 742(1), the form of the written

 

notice and report shall be as prescribed by the secretary of state.

 

     (21) Notwithstanding any other law of this state, a court

 

shall not take under advisement an offense committed by a person

 

while operating a motor vehicle for which this act requires a

 

conviction or civil infraction determination to be reported to the

 

secretary of state. A conviction or civil infraction determination

 

that is the subject of this subsection shall not be masked,


delayed, diverted, suspended, or suppressed by a court. Upon a

 

conviction or civil infraction determination, the conviction or

 

civil infraction determination shall immediately be reported to the

 

secretary of state in accordance with this section.

 

     (22) Except as provided in this act and notwithstanding any

 

other provision of law, a court shall not order expunction of any

 

violation reportable to the secretary of state under this section.

 

     Sec. 801e. (1) When If a moped required to be registered under

 

this act is sold by a retailer to a general purchaser, the retailer

 

shall obtain the certificate of registration shall be obtained in

 

the name of the purchaser. by the retailer. In other cases,

 

circumstances, the purchaser shall obtain the certificate of

 

registration. shall be obtained by the purchaser. The An

 

application shall for registration must be signed by the purchaser

 

of the moped and shall be accompanied by a fee of $15.00. Upon On

 

receipt of the an application for registration in approved form,

 

the secretary of state shall enter the application upon on the

 

secretary of state's records and issue to the applicant a

 

certificate of registration containing the decal for the moped, the

 

name and address of the owner, and other information the secretary

 

of state considers necessary. A moped shall is not be required to

 

be insured. in the manner specified for motor vehicles under

 

chapter 31 of Act No. 218 of the Public Acts of 1956, as amended,

 

being sections 500.3101 to 500.3179 of the Michigan Compiled Laws.

 

The certificate of registration shall must be pocket size, shall

 

must accompany the vehicle, shall must be legible, and shall must

 

be made available for inspection upon on demand by a law


enforcement officer.

 

     (2) A The secretary of state shall issue a decal indicating

 

that the a certificate of registration issued under subsection (1)

 

is in full force and effect. shall be issued. A The secretary of

 

state shall not issue a registration certificate and decal shall

 

not be issued earlier than 90 days preceding before the

 

commencement date of the new registration period. Display of The

 

owner or operator shall display the decal shall be as prescribed by

 

rule promulgated by the secretary of state.

 

     (3) A retailer or manufacturer of mopeds, upon on application

 

to the secretary of state upon on forms provided by the secretary

 

of state, may obtain certificates of registration for use in the

 

testing or demonstrating of a moped upon on payment of $10.00 for

 

each of the first 2 registration certificates. Additional

 

certificates may be issued at a cost of $5.00 each and used by the

 

applicant only in the testing or demonstrating of mopeds by

 

temporary placement of the registration on the moped being tested

 

or demonstrated. A certificate issued pursuant to under this

 

subsection may be used on only 1 moped at any given a time.

 

     (4) A moped registration shall be is valid for a 3-year period

 

which that begins on May 1 and expires on April 30 of the third

 

registration year. For purposes of this subsection, a registration

 

year begins on May 1 and ends on April 30.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2020.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. ____ or House Bill No. 4397 (request no.


00650'19) of the 100th Legislature is enacted into law.

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