Bill Text: MI HB4907 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Vehicles; motorcycles; requirement of wearing crash helmets; increase penalty, create exception, and provide for a no-helmet permit and sticker under certain circumstances. Amends secs. 312a, 658 & 907 of 1949 PA 300 (MCL 257.312a et seq.); adds secs. 658c & 658d & repeals secs. 658c & 658d of 1949 PA 300 (MCL 257.658c & 257.658d).

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Introduced - Dead) 2009-05-13 - Printed Bill Filed 05/13/2009 [HB4907 Detail]

Download: Michigan-2009-HB4907-Introduced.html

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HOUSE BILL No. 4907

 

May 12, 2009, Introduced by Reps. LeBlanc, Mayes, Gonzales, Espinoza, Sheltrown, Leland, Miller, Dean, Byrum and Genetski and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 312a, 658, and 907 (MCL 257.312a, 257.658, and

 

257.907), section 658 as amended by 2002 PA 494 and section 907 as

 

amended by 2008 PA 463, and by adding sections 658c and 658d; and

 

to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 312a. (1) A person, before operating a motorcycle upon a

 

public street or highway in this state, shall procure a motorcycle

 

indorsement on the operator's or chauffeur's license. The license

 

shall be issued, suspended, revoked, canceled, or renewed in

 

accordance with and governed by this act. Before January 1, 2013, a

 

person who violates this subsection is responsible for a civil

 

infraction and may be fined not more than $200.00. On and after

 

January 1, 2013, a person who violates this subsection is

 

responsible for a civil infraction and may be fined not more than

 

$100.00.

 

     (2) A person, before operating a moped upon a highway shall

 

procure a special restricted license to operate a moped unless the

 

person has a valid operator's or chauffeur's license. A special

 

restricted license to operate a moped may be issued to a person 15

 

years of age or older if the person satisfies the secretary of

 

state that he or she is competent to operate a moped with safety.

 

The secretary of state shall not require a road test before

 

issuance of issuing a special restricted license to operate a

 

moped.

 

     (3) A special restricted license to operate a moped shall

 

expire expires on the birthday of the person to whom it is issued

 

in the fourth year following the date of issuance it is issued. A

 

license shall not be issued for a period longer than 4 years. A

 

person issued a license to operate a moped shall pay $7.50 for an

 

original license and $6.00 for a renewal license. The money

 

received and collected under this subsection shall be deposited in

 

the state treasury to the credit of the general fund. The secretary

 

of state shall refund out of the fees collected to each county or

 

municipality, acting as an examining officer, $2.50 for each

 

applicant examined for an original license and $1.00 for a renewal

 

license.

 

     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) A moped or an electric personal assistive mobility device

 

shall not be used to carry more than 1 person at a time.

 

     (4) A Except as provided in section 658c, a person operating

 

or riding on a motorcycle , and any person less than 19 years of

 

age operating a moped on a public thoroughfare shall wear a crash

 

helmet on his or her head. Crash helmets shall be approved by the

 

department of state police. The department of state police shall

 

promulgate rules for the implementation of to implement this

 

section pursuant to under the administrative procedures act of

 

1969, 1969 PA 306, MCL 24.201 to 24.328. Rules in effect on June 1,

 

1970, shall apply to helmets required by this act. This subsection

 

does not apply to a person operating or riding in an autocycle if

 

the vehicle is equipped with a roof which that meets or exceeds

 

standards for a crash helmet. A person who operates or rides on a

 

motorcycle in violation of this subsection is responsible for a

 

civil infraction and may be fined not more than $300.00.

 

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

 

seat belts when on a public highway in this state.

 

     Sec. 658c. (1) The helmet requirements under section 658(4) do

 

not apply to a motorcycle operator if the motorcycle operator is

 

exempt under subsection (6) or if all of the following conditions

 

are satisfied:

 

     (a) He or she is 21 years of age or older.

 

     (b) He or she has been licensed under this act to operate a

 

motorcycle for not less than 2 years or has successfully completed

 

a motorcycle safety course under section 811a or 811b.

 

     (c) He or she has in effect security in the amount of

 

$20,000.00 for the payment of first-party medical benefits payable

 

if 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.

 

     (d) He or she carries a valid permit obtained under subsection

 

(3).

 

     (2) The helmet requirements under section 658(4) do not apply

 

to a passenger on a motorcycle if both of the following conditions

 

are satisfied:

 

     (a) The motorcycle operator has satisfied all of the

 

requirements listed under subsection (1) or is exempt under

 

subsection (6).

 

     (b) The passenger is 21 years of age or older.

 

     (3) A person shall obtain a permit under this subsection from

 

the secretary of state before operating a motorcycle on a public

 

street or highway in this state without wearing a crash helmet upon

 

his or her head. The secretary of state shall issue a permit under

 

this subsection if the person has satisfied all of the requirements

 

under subsection (1) and pays 1 of the following fees:

 

     (a) $100.00 annually for a permit that is valid for a period

 

of 1 year.

 

     (b) $200.00 for a permit that is valid for 3 years.

 

     (4) A permit issued under subsection (3) shall contain all of

 

the following:

 

     (a) The person's name, address, and date of birth.

 

     (b) The date when the permit expires.

 

     (c) The following statement: "A person who operates a

 

motorcycle on a public street or highway in this state without

 

wearing a crash helmet who fails to produce a valid permit issued

 

under MCL 257.658c upon the request of a peace officer is in

 

violation of MCL 257.658(4), a civil infraction for which the

 

person may be fined not more than $300.00.".

 

     (d) Any other information required by the secretary of state.

 

     (5) Upon request, the secretary of state shall issue a permit

 

sticker to the registered owner of a motorcycle for application on

 

the registration plate of the motorcycle if the registered owner of

 

the motorcycle satisfies all of the requirements under subsection

 

(1) and presents a valid permit issued under subsection (3). A

 

permit sticker issued under this subsection shall bear the

 

expiration date of the permit.

 

     (6) The helmet requirements under section 658(4) do not apply

 

to a motorcycle operator who is not a resident of this state and

 

who is the owner of the motorcycle he or she is operating.

 

     (7) The secretary of state shall deposit the money collected

 

from fees paid for permits under subsection (3) to the motorcycle

 

crash helmet permit fee fund created under section 658d.

 

     Sec. 658d. The motorcycle crash helmet permit fee fund is

 

created within the state treasury. The state treasurer may receive

 

money or other assets from any source for deposit into the fund and

 

shall direct the investment of the fund. The state treasurer shall

 

credit to the fund interest and earnings from fund investments.

 

Money in the fund at the close of the fiscal year shall remain in

 

the fund and shall not lapse to the general fund. The secretary of

 

state shall be the administrator of the fund for auditing purposes.

 

The secretary of state shall annually expend money from the fund,

 

upon appropriation, only as follows:

 

     (a) The first $5,000,000.00 deposited into the fund shall be

 

paid to the commission on law enforcement standards created under

 

the commission on law enforcement standards act, 1965 PA 203, MCL

 

28.601 to 28.616, to defray the cost of developing and implementing

 

minimum training standards concerning the enforcement of section

 

658c.

 

     (b) After the money described in subdivision (a) is paid as

 

prescribed under that subdivision, the next $1,000,000.00 shall be

 

paid to the secondary road patrol and training fund created in

 

section 629e.

 

     (c) After the money described in subdivisions (a) and (b) is

 

paid as prescribed under those subdivisions, the remainder of the

 

money deposited into the fund shall be paid to the traffic law

 

enforcement and safety fund created in section 819a.

 

     Sec. 907. (1) A violation of this act, or a local ordinance

 

substantially corresponding to a provision of this act, that is

 

designated a civil infraction shall not be considered a lesser

 

included offense of a criminal offense.

 

     (2) If a person is determined pursuant to sections 741 to 750

 

to be responsible or responsible "with explanation" for a civil

 

infraction under this act or a local ordinance substantially

 

corresponding to a provision of this act, the judge or district

 

court magistrate may order the person to pay a civil fine of not

 

more than $100.00 and costs as provided in subsection (4). However,

 

beginning on and after October 31, 2010, if the civil infraction

 

was a moving violation that resulted in an at-fault collision with

 

another vehicle, a person, or any other object, the civil fine

 

ordered under this section shall be increased by $25.00 but the

 

total civil fine shall not exceed $100.00. However, for a violation

 

of section 674(1)(s) or a local ordinance substantially

 

corresponding to section 674(1)(s), the person shall be ordered to

 

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

 

less than $100.00 or more than $250.00. Before January 1, 2013, for

 

a violation of section 312a(1), the civil fine ordered under this

 

section shall be not more than $200.00; beginning on and after

 

January 1, 2013, not more than $100.00. For a violation of section

 

328, the civil fine ordered under this subsection shall be not more

 

than $50.00. For a violation of section 710d, the civil fine

 

ordered under this subsection shall not exceed $10.00. For a

 

violation of section 710e, the civil fine and court costs ordered

 

under this subsection shall be $25.00. For a violation of section

 

658(4) involving an operator of or a passenger on a motorcycle, the

 

civil fine ordered under this subsection shall be not more than

 

$300.00. For a violation of section 682 or a local ordinance

 

substantially corresponding to section 682, the person shall be

 

ordered to pay costs as provided in subsection (4) and a civil fine

 

of not less than $100.00 or more than $500.00. For a violation of

 

section 240, the civil fine ordered under this subsection shall be

 

$15.00. For a violation of section 252a(1), the civil fine ordered

 

under this subsection shall be $50.00. For a violation of section

 

676a(3), the civil fine ordered under this section shall be not

 

more than $10.00. For a violation of section 319f(1), the civil

 

fine ordered under this section shall be not less than $1,100.00 or

 

more than $2,750.00. For a violation of section 319g(1)(a), the

 

civil fine ordered under this section shall be not more than

 

$10,000.00. For a violation of section 319g(1)(b) 319g(1)(g), the

 

civil fine ordered under this section shall be not less than

 

$2,750.00 or more than $11,000.00. Permission may be granted for

 

payment of a civil fine and costs to be made within a specified

 

period of time or in specified installments, but unless permission

 

is included in the order or judgment, the civil fine and costs

 

shall be payable immediately.

 

     (3) Except as provided in this subsection, if a person is

 

determined to be responsible or responsible "with explanation" for

 

a civil infraction under this act or a local ordinance

 

substantially corresponding to a provision of this act while

 

driving a commercial motor vehicle, he or she shall be ordered to

 

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

 

more than $250.00. If a person is determined to be responsible or

 

responsible "with explanation" for a civil infraction under section

 

319g or a local ordinance substantially corresponding to section

 

319g, that person shall be ordered to pay costs as provided in

 

subsection (4) and a civil fine of not more than $10,000.00.

 

     (4) If a civil fine is ordered under subsection (2) or (3),

 

the judge or district court magistrate shall summarily tax and

 

determine the costs of the action, which are not limited to the

 

costs taxable in ordinary civil actions, and may include all

 

expenses, direct and indirect, to which the plaintiff has been put

 

in connection with the civil infraction, up to the entry of

 

judgment. Costs shall not be ordered in excess of $100.00. A civil

 

fine ordered under subsection (2) or (3) shall not be waived unless

 

costs ordered under this subsection are waived. Except as otherwise

 

provided by law, costs are payable to the general fund of the

 

plaintiff.

 

     (5) In addition to a civil fine and costs ordered under

 

subsection (2) or (3) and subsection (4) and the justice system

 

assessment ordered under subsection (14), the judge or district

 

court magistrate may order the person to attend and complete a

 

program of treatment, education, or rehabilitation.

 

     (6) A district court magistrate shall impose the sanctions

 

permitted under subsections (2), (3), and (5) only to the extent

 

expressly authorized by the chief judge or only judge of the

 

district court district.

 

     (7) Each district of the district court and each municipal

 

court may establish a schedule of civil fines, costs, and

 

assessments to be imposed for civil infractions that occur within

 

the respective district or city. If a schedule is established, it

 

shall be prominently posted and readily available for public

 

inspection. A schedule need not include all violations that are

 

designated by law or ordinance as civil infractions. A schedule may

 

exclude cases on the basis of a defendant's prior record of civil

 

infractions or traffic offenses, or a combination of civil

 

infractions and traffic offenses.

 

     (8) The state court administrator shall annually publish and

 

distribute to each district and court a recommended range of civil

 

fines and costs for first-time civil infractions. This

 

recommendation is not binding upon the courts having jurisdiction

 

over civil infractions but is intended to act as a normative guide

 

for judges and district court magistrates and a basis for public

 

evaluation of disparities in the imposition of civil fines and

 

costs throughout the state.

 

     (9) If a person has received a civil infraction citation for

 

defective safety equipment on a vehicle under section 683, the

 

court shall waive a civil fine, costs, and assessments upon receipt

 

of certification by a law enforcement agency that repair of the

 

defective equipment was made before the appearance date on the

 

citation.

 

     (10) A default in the payment of a civil fine or costs ordered

 

under subsection (2), (3), or (4) or a justice system assessment

 

ordered under subsection (14), or an installment of the fine,

 

costs, or assessment, may be collected by a means authorized for

 

the enforcement of a judgment under chapter 40 of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or

 

under chapter 60 of the revised judicature act of 1961, 1961 PA

 

236, MCL 600.6001 to 600.6098.

 

     (11) If a person fails to comply with an order or judgment

 

issued pursuant to under this section within the time prescribed by

 

the court, the driver's license of that person shall be suspended

 

pursuant to section 321a until full compliance with that order or

 

judgment occurs. In addition to this suspension, the court may also

 

proceed under section 908.

 

     (12) The court shall waive any civil fine, cost, or assessment

 

against a person who received a civil infraction citation for a

 

violation of section 710d if the person, before the appearance date

 

on the citation, supplies the court with evidence of acquisition,

 

purchase, or rental of a child seating system meeting the

 

requirements of section 710d.

 

     (13) Until October 1, 2003, in addition to any civil fines and

 

costs ordered to be paid under this section, the judge or district

 

court magistrate shall levy an assessment of $5.00 for each civil

 

infraction determination, except for a parking violation or a

 

violation for which the total fine and costs imposed are $10.00 or

 

less. An assessment paid before October 1, 2003 shall be

 

transmitted by the clerk of the court to the state treasurer to be

 

deposited into the Michigan justice training fund. An assessment

 

ordered before October 1, 2003 but collected on or after October 1,

 

2003 shall be transmitted by the clerk of the court to the state

 

treasurer for deposit in the justice system fund created in section

 

181 of the revised judicature act of 1961, 1961 PA 236, MCL

 

600.181. An assessment levied under this subsection is not a civil

 

fine for purposes of section 909.

 

     (14) Effective October 1, 2003, in addition to any civil fines

 

or costs ordered to be paid under this section, the judge or

 

district court magistrate shall order the defendant to pay a

 

justice system assessment of $40.00 for each civil infraction

 

determination, except for a parking violation or a violation for

 

which the total fine and costs imposed are $10.00 or less. Upon

 

payment of the assessment, the clerk of the court shall transmit

 

the assessment collected to the state treasury to be deposited into

 

the justice system fund created in section 181 of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.181. An assessment

 

levied under this subsection is not a civil fine for purposes of

 

section 909.

 

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

 

section 223, the court shall waive any civil fine, costs, and

 

assessment, upon receipt of certification by a law enforcement

 

agency that the person, before the appearance date on the citation,

 

produced a valid registration certificate that was valid on the

 

date the violation of section 223 occurred.

 

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

 

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

 

pursuant to section 328(2), the court may waive the fee described

 

in section 328(3)(c) and shall waive any fine, costs, and any other

 

fee or assessment otherwise authorized under this act upon receipt

 

of verification by the court that the person, before the appearance

 

date on the citation, produced valid proof of insurance that was in

 

effect at the time the violation of section 328(1) occurred.

 

Insurance obtained subsequent to the time of the violation does not

 

make the person eligible for a waiver under this subsection.

 

     (17) As used in this section, "moving violation" means an act

 

or omission prohibited under this act or a local ordinance

 

substantially corresponding to this act that involves the operation

 

of a motor vehicle and for which a fine may be assessed.

 

     Enacting section 1. Sections 658c and 658d of the Michigan

 

vehicle code, 1949 PA 300, MCL 257.658c and 257.658d, are repealed

 

effective January 1, 2013.