Bill Text: MI HB5699 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Traffic control: violations; penalty for failure to provide proof of license or other receipt while operating a vehicle; modify. Amends secs. 311 & 907 of 1949 PA 300 (MCL 257.311 & 257.907).
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2020-09-15 - Referred To Committee On Transportation And Infrastructure [HB5699 Detail]
Download: Michigan-2019-HB5699-Engrossed.html
Substitute For
HOUSE BILL NO. 5699
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 311 and 907 (MCL 257.311 and 257.907), section 311 as amended by 1983 PA 63 and section 907 as amended by 2015 PA 126.
the people of the state of michigan enact:
Sec. 311. (1) The licensee shall have his or her operator's or
chauffeur's license, or the receipt described in section 311a, in his or her
immediate possession at all times when operating a motor vehicle, and shall display the same upon his or her operator's or chauffeur's license, or the receipt
described in section 311a, on demand of any a police
officer, who shall identify himself or herself as such.a police officer.
(2) Except as
provided in subsection (4), a licensee who violates subsection (1) is guilty of
a misdemeanor punishable by imprisonment for not more than 90 days or a fine of
not more than $300.00, or both.
(3) If a licensee
is not in immediate possession of his or her operator's or chauffeur's license,
or receipt described in section 311a, a police officer shall request from the
licensee alternative means to verify the licensee's identity, including, but
not limited to, any of the following:
(a) A photograph
of the operator's license that the police officer may use to verify the
licensee's identity using the law enforcement information network.
(b) A receipt or
photograph of a valid registration for the motor vehicle that the police
officer may use to verify the licensee's identity using the law enforcement
information network.
(c) Information
sufficient for the police officer to verify the licensee's identity through the
law enforcement information network, including, but not limited to, the licensee's
name and date of birth.
(4) If a licensee
who violates subsection (1) provides sufficient alternate means to verify his
or her identity under subsection (3), the licensee is responsible for a civil
infraction and may be ordered to pay a civil fine of not more than $150.00.
Sec. 907. (1) A violation of this act, or a local
ordinance that substantially corresponding corresponds to a provision of this act,
that is designated a civil infraction shall is not
be considered a
lesser included offense of a criminal offense.
(2) If a person is
determined under sections 741 to 750 to be responsible or responsible
"with explanation" for a civil infraction under this act or a local
ordinance that substantially corresponding corresponds 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, 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 must be increased by $25.00 but the total
civil fine shall must not exceed $100.00. However, for a violation of section 311 that is a civil infraction,
the licensee may be ordered to pay a civil fine of not more than $150.00. For a
violation of section 602b, the person shall must be
ordered to pay costs as provided in subsection (4) and a civil fine of $100.00
for a first offense and $200.00 for a second or subsequent offense. For a
violation of section 674(1)(s) or a local ordinance that substantially corresponding corresponds to section 674(1)(s), the person shall must 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. For a violation of section 676c, the person shall must be ordered to pay costs as provided
in subsection (4) and a civil fine of $1,000.00. For a violation of section
328, the civil fine ordered under this subsection shall must be
not more than $50.00. For a violation of section 710d, the civil fine ordered
under this subsection shall must not exceed $10.00, subject to
subsection (12). For a violation of section 710e, the civil fine and court
costs ordered under this subsection shall must be
$25.00. For a violation of section 682 or a local ordinance substantially
corresponding to section 682, the person shall must 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 must be
$15.00. For a violation of section 252a(1), the civil fine ordered under this
subsection shall must be $50.00. For a violation of
section 676a(3), the civil fine ordered under this section shall must be not more than $10.00. For a first
violation of section 319f(1), the civil fine ordered under this section shall must be not less than $2,500.00 or more
than $2,750.00; for a second or subsequent violation, the civil fine shall must be not less than $5,000.00 or more
than $5,500.00. For a violation of section 319g(1)(a), the civil fine ordered
under this section shall must be not more than $10,000.00. For a
violation of section 319g(1)(g), the civil fine ordered under this section shall must be not less than $2,750.00 or more
than $25,000.00. 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 must 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 that substantially corresponding corresponds to a provision of this act
while driving a commercial motor vehicle, he or she shall must be
ordered to pay costs as provided in subsection (4) and a civil fine of not more
than $250.00.
(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 must not be ordered in excess of $100.00.
A civil fine ordered under subsection (2) or (3) shall must 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 (13), 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 must 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 on 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 on 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 (13), 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 under this section within the time
prescribed by the court, the driver's driver license of that person shall must be suspended under 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 may 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) 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.
(14) 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.
(15) If a person has
received a citation for a violation of section 328(1) for failing to produce a
certificate of insurance under 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.
(16) 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 and the civil infraction arises out of
the ownership or operation of a commercial quadricycle, he or she shall must be ordered to pay costs as provided
in subsection (4) and a civil fine of not more than $500.00.
(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.
