Bill Text: MI HB5374 | 2017-2018 | 99th Legislature | Chaptered
Bill Title: Traffic control; pedestrians; definition of motor vehicle; exclude power-driven mobility devices under certain circumstances, and include disabled individuals using wheelchairs or other mobility devices in definition of pedestrian. Amends secs. 33 & 39 of 1949 PA 300 (MCL 257.33 & 257.39) & adds sec. 43c. TIE BAR WITH: HB 5834'18
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-20 - Assigned Pa 391'18 With Immediate Effect [HB5374 Detail]
Download: Michigan-2017-HB5374-Chaptered.html
Act No. 391
Public Acts of 2018
Approved by the Governor
December 19, 2018
Filed with the Secretary of State
December 19, 2018
EFFECTIVE DATE: March 19, 2019
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2018
Introduced by Rep. Howrylak
ENROLLED HOUSE BILL No. 5374
AN ACT to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 33 and 39 (MCL 257.33 and 257.39), section 33 as amended by 2018 PA 204, and by adding section 43c.
The People of the State of Michigan enact:
Sec. 33. “Motor vehicle” means every vehicle that is self-propelled, but for purposes of chapter 4, motor vehicle does not include industrial equipment such as a forklift, a front-end loader, or other construction equipment that is not subject to registration under this act. Motor vehicle does not include a power-driven mobility device when that power-driven mobility device is being used by an individual with a mobility disability. Motor vehicle does not include an electric patrol vehicle being operated in compliance with the electric patrol vehicle act, 1997 PA 55, MCL 257.1571 to 257.1577. Motor vehicle does not include an electric personal assistive mobility device. Motor vehicle does not include an electric carriage. Motor vehicle does not include a commercial quadricycle. Motor vehicle does not include an electric bicycle. Motor vehicle does not include an electric skateboard.
Sec. 39. “Pedestrian” means any person afoot. Pedestrian includes an individual with a mobility disability who is using a power-driven mobility device.
Sec. 43c. “Power-driven mobility device” means a mobility device powered by a battery, fuel, or other engine and used by an individual with a mobility disability for the purpose of locomotion. Notwithstanding any other provision of this act, the requirements of this act apply to a power-driven mobility device while that device is being operated on a street, road, or highway in this state.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 5834 of the 99th Legislature is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
