Bill Text: MI HB4839 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Vehicles; registration; authority to deny or suspend vehicle registrations of carriers under certain circumstances; provide for. Amends secs. 219 & 258 of 1949 PA 300 (MCL 257.219 & 257.258).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-03-20 - Assigned Pa 74'18 With Immediate Effect [HB4839 Detail]
Download: Michigan-2017-HB4839-Introduced.html
HOUSE BILL No. 4839
July 12, 2017, Introduced by Rep. VanderWall and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 219 and 258 (MCL 257.219 and 257.258), section
219 as amended by 2010 PA 155 and section 258 as amended by 1999 PA
73.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 219. (1) The secretary of state shall refuse issuance of
a registration or a transfer of registration upon any of the
following grounds:
(a) The application contains a false or fraudulent statement,
the applicant has failed to furnish required information or
reasonable additional information requested by the secretary of
state, or the applicant is not entitled to the registration of the
vehicle under this act.
(b) The secretary of state has reasonable ground to believe
that the vehicle is a stolen or embezzled vehicle, or that the
granting of registration would constitute a fraud against the
rightful owner or other person having a valid lien upon the
vehicle.
(c) The registration of the vehicle is suspended or revoked
for any reason provided in the motor vehicle laws of this state.
(d) At the time of the application, the operator's or
chauffeur's license of the owner or co-owner or lessee or co-lessee
is suspended, revoked, or denied, except for an applicant who has
been issued a license under section 304, or the operator has never
been licensed by this state for a third or subsequent violation of
section 625 or 625m, a local ordinance substantially corresponding
to section 625 or 625m, or a law of another state substantially
corresponding to section 625 or 625m, or for a fourth or subsequent
suspension or revocation under section 904.
(e) The required fee has not been paid.
(f) The applicant, at the time of applying for registration or
a transfer of registration other than a temporary registration
issued under section 226b, fails to present a certificate of
compliance or waiver for a motor vehicle as required under either
part 63 or part 65 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.6301 to 324.6321 and 324.6501
to 324.6539.
(g) The application for registration of a vehicle with an
elected gross weight of 55,000 pounds or more is not accompanied
with proof of payment of the federal highway use tax levied under
the surface transportation assistance act of 1982, Public Law 97-
424.
(h) The applicant is a motor carrier subject to an out-of-
service order, the applicant has applied for a registration or
transfer registration as a subterfuge for a person subject to an
out-of-service order, or the applicant's business is operated,
managed, controlled by, or affiliated with a person that is
ineligible for registration, including, but not limited to, the
applicant, a relative or family member of the applicant, or a
corporate officer or shareholder of the applicant. As used in this
subdivision, "out-of-service order" means that term as defined in
49 CFR 390.5, and also includes an out-of-service order issued
under 49 CFR 386.73.
(2) The secretary of state shall refuse issuance of a
certificate of title or a salvage certificate of title upon any of
the following grounds:
(a) The application contains a false or fraudulent statement,
the applicant has failed to furnish required information or
reasonable additional information requested by the secretary of
state, or the applicant is not entitled to the issuance of a
certificate of title or salvage certificate of title under this
act.
(b) The secretary of state has reasonable ground to believe
that the vehicle is a stolen or embezzled vehicle or that the
issuance of a certificate of title or a salvage certificate of
title would constitute a fraud against the rightful owner or other
person having a valid security interest upon the vehicle.
(c) The required fee has not been paid.
(3) The secretary of state shall not issue a registration for
a vehicle for which a temporary registration plate was issued under
section 904c until the violation resulting in the issuance of the
plate is adjudicated or the vehicle is transferred to a person who
is subject to payment of a use tax under section 3 of the use tax
act, 1937 PA 94, MCL 205.93.
Sec. 258. (1) The secretary of state may cancel, revoke, or
suspend the registration of a vehicle, a certificate of title,
registration certificate, or registration plate if any of the
following apply:
(a) The secretary of state determines that the registration,
certificate of title, or plate was fraudulently or erroneously
issued.
(b) The secretary of state determines that the licensee has
made or is making an unlawful use of his or her registration
certificate, plate, or certificate of title.
(c) A registered vehicle has been dismantled or wrecked.
(d) The secretary of state determines that the required fee
has not been paid and it is not paid upon reasonable notice or
demand.
(e) A registration certificate or registration plate is
knowingly displayed upon a vehicle other than the one for which it
was issued.
(f) The secretary of state determines that the owner has
committed an offense under this act involving the registration or
certificate of title.
(g) The secretary of state is authorized to do so under this
act.
(h) Upon receiving notification from another state or foreign
country that a certificate of title issued by the secretary of
state has been surrendered by the owner in conformity with the laws
of that state or foreign country.
(i) It is shown by satisfactory evidence that delivery of a
motor vehicle in the possession of a dealer was not made to the
applicant registered under this act. The money paid for
registration and license fees may be refunded to the party who
applies for the refund.
(j) The owner is a motor carrier subject to an out-of-service
order. As used in this subdivision, "out-of-service order" means
that term as defined in 49 CFR 390.5, and also includes an out-of-
service order issued under 49 CFR 386.73. A law enforcement officer
may also confiscate a registration plate issued to a motor carrier
described in this subdivision.
(2) If the licensee's offense consists of hauling on the
registered vehicle a gross weight more than 1,000 pounds in excess
of the elected gross weight specified on the owners' registration
certificate, the registration shall be canceled and the vehicle
shall not again be operated on the highways, roads, or streets
until it is registered again and new plates are issued. The new
registration fee shall be computed on the basis of twice the
difference between the original registration fee and the
registration fee applicable to the gross weight constituting the
violation of the elected gross weight. One-half of the new
registration fee shall be a penalty. The period of the new
registration fee shall not extend beyond the termination date of
the canceled registration certificate. The new registration fee
shall not exceed the maximum gross weight of the vehicle or
combination of vehicles as determined by the number of axles and
the legal weight applicable to those axles as specified by section
722. The gross weight of a vehicle or combination of vehicles may
be determined by weighing the individual axles or group of axles,
and the total weight on all axles is the gross vehicle weight.
(3) Before the secretary of state makes a cancellation under
subsection (1)(a), (b), (e), (f), or (g), the person affected by
the cancellation shall be given notice and an opportunity to be
heard.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
