Bill Text: MI HB6300 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Vehicles; registration plates; issuance of accessibility placards to totally disabled veterans who have obtained disabled veteran registration plates; require without additional proof of disability. Amends secs. 675, 803f & 803h of 1949 PA 300 (MCL 257.675 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-09-06 - Bill Electronically Reproduced 09/05/2018 [HB6300 Detail]
Download: Michigan-2017-HB6300-Introduced.html
HOUSE BILL No. 6300
September 5, 2018, Introduced by Rep. LaFave and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 675, 803f, and 803h (MCL 257.675, 257.803f,
and 257.803h), section 675 as amended by 2018 PA 179, section 803f
as amended by 1998 PA 68, and section 803h as amended by 2018 PA
62.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 675. (1) Except as otherwise provided in this section and
this chapter, a vehicle stopped or parked upon a highway or street
shall be stopped or parked with the wheels of the vehicle parallel
to the roadway and within 12 inches of any curb existing at the
right of the vehicle.
(2) A local authority may by ordinance permit parking of a
vehicle on a 1-way roadway with the vehicle's left wheels adjacent
to and within 12 inches of any curb existing at the left of the
vehicle.
(3) A local authority may by ordinance permit angle parking on
a roadway, except that angle parking is not permitted on a state
trunk line highway unless authorized by the state transportation
department.
(4) The state transportation commission with respect to state
trunk line highways and a board of county road commissioners with
respect to county roads, acting jointly with the director of the
department of state police, may place signs prohibiting or
restricting the stopping, standing, or parking of vehicles on a
highway where, in the opinion of the officials as determined by an
engineering survey, the stopping, standing, or parking is dangerous
to those using the highway or where the stopping, standing, or
parking of vehicles would unduly interfere with the free movement
of traffic on the highway or street. The signs shall be official
signs and a person shall not stop, stand, or park a vehicle in
violation of the restrictions stated on the signs. The signs shall
be installed only after a proper traffic order is filed with the
county clerk. Upon the application to the state transportation
commission by a home rule city affected by an order, opportunity
shall be given to the city for a hearing before the state
transportation commission, under the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328, except when an
ordinance of the home rule city prohibits or restricts the parking
of vehicles on a state trunk line highway; when the home rule city,
by lawfully authorized official action, requests the state
transportation department to prohibit or restrict parking on a
state trunk line highway; or when the home rule city enters into a
construction agreement with the state transportation department
providing for the prohibition or restriction of parking on a state
trunk line highway during or after the period of construction.
Traffic control orders, so long as they affect parking upon a state
trunk line highway within the corporate limits of a home rule city,
are considered "rules" within the meaning of the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and upon
application for a hearing by a home rule city, the proceedings
before the state transportation commission shall be considered a
"contested case" within the meaning of that act.
(5) A disabled person may apply, on a form prescribed by the
secretary of state, for a serially numbered nontransferable
temporary or permanent windshield placard for the personal use of
the disabled person. An individual who has a religious objection to
having a medical examination may personally apply at a branch
office of the secretary of state for a serially numbered
nontransferable temporary or permanent windshield placard for the
personal use of the disabled individual. If it appears obvious that
the individual has a qualifying disability, the individual is not
required to present a medical statement attesting to the
disability. The application for and the issuance of the serially
numbered nontransferable temporary or permanent windshield placard
is subject to all of the following:
(a) The secretary of state may issue to a disabled person with
a temporary disability a temporary windshield placard that is valid
for a period of not more than 6 months.
(b) The secretary of state may issue to a disabled person with
a permanent disability an original or renewal permanent windshield
placard that is valid for a period of not more than 4 years.
(c) An original or permanent windshield placard expires on the
disabled person's fifth birthday after the date of issuance.
(d) A renewal permanent windshield placard expires on the
disabled person's fourth birthday after the date of renewal.
(e) Except as otherwise provided in this subsection, not more
than 45 days immediately preceding the expiration of his or her
certificate or placard, a person holding a permanent windshield
placard may apply for a new or renewal placard as provided in this
section. However, if the person will be out of state during the 45
days immediately preceding expiration of the placard or for other
good cause shown cannot apply for a placard within the 45-day
period, the person may apply for a new or renewal placard not more
than 6 months before the placard expires. A placard issued or
renewed under this subdivision expires as provided in this
subsection.
(f) Upon application in the manner prescribed by the secretary
of state for replacement of a lost, stolen, or destroyed placard
described in this section, a disabled person or organization that
provides specialized services to disabled persons may be issued a
placard that in substance duplicates the original certificate or
placard for a fee of $10.00.
(g) A placard described in this section may be used by a
person other than the disabled person for the sole purpose of
transporting the disabled person. An organization that provides
specialized services to disabled persons may apply for and receive
a permanent windshield placard to be used in any motor vehicle
actually transporting a disabled person. If the organization ceases
to transport disabled persons, the placard shall be returned to the
secretary of state for cancellation and destruction.
(h) The secretary of state shall not issue a permanent placard
to an individual under this section unless that individual has
provided proof of Michigan residency.
(6) A disabled person with a certificate of identification,
windshield placard, special registration plates issued under
section 803d, a special registration plate issued under section
803f that has a tab for persons with disabilities attached, a
certificate of identification or windshield placard from another
state, or special registration plates from another state issued for
persons with disabilities is entitled to courtesy in the parking of
a vehicle. The courtesy shall relieve the disabled person or the
person transporting the disabled person from liability for a
violation with respect to parking, other than in violation of this
act. A local authority may by ordinance prohibit parking on a
street or highway to create a fire lane or to provide for the
accommodation of heavy traffic during morning and afternoon rush
hours, and the privileges extending to veterans and physically
disabled persons under this subsection do not supersede that
ordinance.
(7) Except as otherwise provided in subsection (20), an
application for an initial free parking sticker shall contain a
certification by a physician, physician assistant, certified nurse
practitioner, or physical therapist licensed to practice in this
state attesting to the nature and estimated duration of the
applicant's disabling condition and verifying that the applicant
qualifies for a free parking sticker. An individual who has a
religious objection to having a medical examination may personally
apply at a branch office of the secretary of state for an initial
free parking sticker. If it appears obvious that the individual is
unable to do 1 or more of the acts listed in subdivisions (a) to
(d), the individual is not required to present a certification by a
physician, a physician assistant, a certified nurse practitioner,
or a physical therapist attesting to the nature and estimated
duration of the applicant's disabling condition or verifying that
the applicant qualifies for a free parking sticker. The applicant
qualifies for a free parking sticker if the applicant is a licensed
driver and the physician, physician assistant, certified nurse
practitioner, or physical therapist certifies or, if an individual
is not required to have a certification by a physician, a physician
assistant, a certified nurse practitioner, or a physical therapist,
it is obvious that the applicant is unable to do 1 or more of the
following:
(a) Manage, manipulate, or insert coins, or obtain tickets or
tokens in parking meters or ticket machines in parking lots or
parking structures, due to the lack of fine motor control of both
hands.
(b) Reach above his or her head to a height of 42 inches from
the ground, due to a lack of finger, hand, or upper extremity
strength or mobility.
(c) Approach a parking meter due to his or her use of a
wheelchair or other device.
(d) Walk more than 20 feet due to an orthopedic, neurological,
cardiovascular, or lung condition in which the degree of
debilitation is so severe that it almost completely impedes the
ability to walk.
(8) To be entitled to free parking in a metered space or in a
publicly owned parking structure or area, a vehicle must properly
display 1 of the following:
(a) A windshield placard bearing a free parking sticker issued
under this act.
(b) A valid windshield placard issued by another state.
(c) A certificate of identification issued by another state.
(d) A license plate for persons with disabilities issued by
another state.
(e) A special registration plate with a tab for persons with
disabilities attached issued by another state.
(9) A vehicle that does not properly display 1 of the items
listed in subsection (8) is not entitled to free parking in a
metered parking space or in a publicly owned parking area or
structure, and the disabled person or vehicle operator shall pay
all parking fees and may be responsible for a civil infraction.
(10) Blindness that is not accompanied by an incapacity
described in subsection (7) does not entitle a person to a free
parking sticker.
(11) The secretary of state shall attach a free parking
sticker, in contrasting colors, to the windshield placard of a
person certified as having an incapacity described in subsection
(7).
(12) A windshield placard issued under this section shall be
displayed on the interior rearview mirror of the vehicle or, if
there is no interior rearview mirror, on the lower left corner of
the dashboard while the vehicle is parked or being parked by or
under the direction of a disabled person pursuant to this section.
(13) Upon conviction of an offense involving a violation of
the special privileges conferred upon a holder of a windshield
placard or free parking sticker, a magistrate or judge trying the
case, as a part of any penalty imposed, may confiscate the
windshield placard or free parking sticker and return the
confiscated item or items to the secretary of state together with a
certified copy of the sentence imposed. Upon receipt of a
windshield placard or free parking sticker from a judge or
magistrate, the secretary of state shall cancel and destroy the
placard or sticker, and the disabled person to whom it was issued
shall not receive another placard or sticker until he or she
submits a completed application and presents a current medical
statement attesting to his or her condition. A law enforcement
officer who observes a misuse of a windshield placard or free
parking sticker may immediately confiscate the placard or sticker
and forward it with a copy of his or her report to the secretary of
state.
(14) A person who intentionally makes a false statement of
material fact or commits or attempts to commit a deception or fraud
on a medical statement attesting to a disability, submitted in
support of an application for a windshield placard, free parking
sticker, special registration plate, or tab for persons with
disabilities under this section, section 803d, or section 803f, is
guilty of a misdemeanor punishable by a fine of not more than
$500.00 or imprisonment for not more than 30 days, or both.
(15) A person who commits or attempts to commit a deception or
fraud by 1 or more of the following methods is guilty of a
misdemeanor punishable by a fine of not more than $500.00 or
imprisonment for not more than 30 days, or both:
(a) Using a windshield placard or free parking sticker issued
under this section or by another state to provide transportation to
a disabled person, if the person is not providing transportation to
a disabled person.
(b) Altering, modifying, or selling a windshield placard or
free parking sticker issued under this section or by another state.
(c) Copying or forging a windshield placard or free parking
sticker described in this section or selling a copied or forged
placard or sticker described in this section. In the case of a
violation of this subdivision, the fine described in this
subsection shall be not less than $250.00.
(d) Using a copied or forged windshield placard or free
parking sticker described in this section.
(e) Making a false statement of material fact to obtain or
assist an individual in obtaining a placard or sticker described in
this section, a special registration plate under section 803d, or a
tab for persons with disabilities under section 803f.
(f) Knowingly using or displaying a placard or sticker
described in this section that has been canceled by the secretary
of state.
(16) Except as otherwise provided in this section, a person
who violates this section is responsible for a civil infraction.
(17) The secretary of state may cancel, revoke, or suspend a
windshield placard or free parking sticker under any of the
following circumstances:
(a) The secretary of state determines that a windshield
placard or free parking sticker was fraudulently or erroneously
issued.
(b) The secretary of state determines that a person has made
or is making an unlawful use of his or her windshield placard or
free parking sticker.
(c) The secretary of state determines that a check or draft
used to pay the required fee is not paid on its first presentation
and is not paid upon reasonable notice or demand or that the
required fee is paid by an invalid credit card.
(d) The secretary of state determines that the person is no
longer eligible to receive or use a windshield placard or free
parking sticker.
(e) The secretary of state determines that the owner has
committed an offense under this act involving a windshield placard
or free parking sticker.
(f) A person has violated this act and the secretary of state
is authorized under this act to cancel, revoke, or suspend a
windshield placard or free parking sticker for that violation.
(g) The secretary of state receives notice from another state
or foreign country that a windshield placard or free parking
sticker issued by the secretary of state has been surrendered by
the owner or seized in conformity with the laws of that other state
or foreign country or has been improperly used or displayed in
violation of the laws of that other state or foreign country.
(18) Before a cancellation, revocation, or suspension under
subsection (17), the person affected by that action shall be given
notice and an opportunity to be heard.
(19) A windshield placard issued to a disabled person shall
bear the first letter and the last 3 digits of the disabled
person's driver or chauffeur's license number or official state
personal identification card number.
(20) For purposes of this section only, the secretary of state
may accept an application for a windshield placard, special
registration plate, or free parking sticker from a disabled person
that is signed by a physician, physician assistant, certified nurse
practitioner, or physical therapist licensed or certified to
practice in another state if the application is accompanied by a
copy of that physician's, physician assistant's, certified nurse
practitioner's, or physical therapist's current medical license or
certification issued by that state.
(21) This section does not require new or additional third
party reimbursement or worker's compensation benefits for services
rendered.
(22) The secretary of state shall issue a windshield placard
under this section to a totally disabled veteran who has obtained a
special registration plate under section 803f without requiring
additional proof of the totally disabled veteran's disability.
(23) (22)
As used in this section,
"disabled person" means a
person who is determined by a physician, a physician assistant, a
physical therapist, or an optometrist as specifically provided in
this section licensed to practice in this state to have 1 or more
of the following physical characteristics:
(a) Blindness as determined by an optometrist, a physician, or
a physician assistant.
(b) Inability to walk more than 200 feet without having to
stop and rest.
(c) Inability to do both of the following:
(i) Use 1 or both legs or feet.
(ii) Walk without the use of a wheelchair, walker, crutch,
brace, prosthetic, or other device, or without the assistance of
another person.
(d) A lung disease from which the person's forced expiratory
volume for 1 second, when measured by spirometry, is less than 1
liter, or from which the person's arterial oxygen tension is less
than 60 mm/hg of room air at rest.
(e) A cardiovascular condition that causes the person to
measure between 3 and 4 on the New York heart classification scale,
or that renders the person incapable of meeting a minimum standard
for cardiovascular health that is established by the American Heart
Association and approved by the department of public health.
(f) An arthritic, neurological, or orthopedic condition that
severely limits the person's ability to walk.
(g) The persistent reliance upon an oxygen source other than
ordinary air.
Sec. 803f. (1) A person who is a totally disabled veteran with
an honorable discharge from the armed services may make an
application to the secretary of state if he or she owns a private
passenger motor vehicle, and the secretary of state may issue a
special
registration plate which that
shall be inscribed with
special identification numbers preceded by the letters "DV" and
shall
have the words "disabled
veteran" inscribed beneath the
registration
number. For the purposes of As
used in this section,
"private
passenger motor vehicle" means a motor vehicle which that
is personally owned by the disabled veteran and is used for the
primary purpose of transporting the disabled veteran and family
members of the disabled veteran, but does not include a motor home.
(2) Application for the special registration plate shall be on
a form prescribed by the secretary of state, and shall be
accompanied by a service fee of $5.00 and proof that the applicant
was honorably discharged from the armed services and either 1 of
the following:
(a) That the applicant has been determined by the veterans'
administration of the federal government to have a service-
connected total or permanent total disability rating for
compensation.
(b) That the applicant has been determined to have a service-
connected total or permanent total disability rating and is
receiving disability retirement pay from a branch of the uniformed
armed services.
(3) A special registration issued under this section is exempt
from payment of the tax provided in section 801.
(4) The special registration plate shall expire on the
birthday of the disabled veteran in a year in which new plates are
issued by the secretary of state. Application for renewal of the
special registration plate shall be accompanied by a $5.00 service
fee. The applicant shall not be required to furnish the proof
provided in subsection (2).
(5) The secretary of state may issue to a disabled person who
has been issued a special registration plate under this section a
tab for persons with disabilities. The tab for persons with
disabilities shall be an adhesive tab displaying the international
wheelchair symbol or a reasonable facsimile of that symbol. The tab
for persons with disabilities may be attached only to the special
registration plate issued to the disabled person under this
section.
(6) An application for a tab for persons with disabilities
shall be on a form prescribed by the secretary of state. The
secretary
of state shall not require the same additional proof that
the
applicant is a disabled person. as is required for issuance of
a
permanent windshield placard under section 675.
(7) The tab for persons with disabilities shall be issued free
of charge.
(8) When a disabled person who has been issued a tab for
persons with disabilities renews his or her special registration
plate under this section, the secretary of state shall issue a new
tab for persons with disabilities to the disabled person, free of
charge. The disabled person shall not be required to again furnish
the proof required under subsection (6).
(9) The use of the special registration plate or a tab for
persons with disabilities on a motor vehicle other than the motor
vehicle for which the special registration plate is issued, or by a
person who does not qualify under this section, is a misdemeanor.
Sec. 803h. (1) The secretary of state may issue a tab for
persons with disabilities to a disabled person who is issued or has
been issued a Michigan motor vehicle registration plate other than
a section 803d registration plate for persons with disabilities.
The tab for persons with disabilities shall be an adhesive tab
displaying the international wheelchair symbol or a reasonable
facsimile of that symbol. The use of a tab for persons with
disabilities on a registration plate other than the plate for which
the tab was issued or by a person who does not qualify as a
disabled person is a misdemeanor.
(2) A tab for persons with disabilities shall not be used on a
registration plate attached to a motor vehicle owned and operated
by this state; a state institution; a municipality; a governmental
unit; a nonprofit organization; the civil air patrol; or a
nonprofit, nonpublic college or university; or on a commercial
motor vehicle. A tab for persons with disabilities shall not be
placed on a registration plate used for intransit-repair or
repossession of a motor vehicle.
(3) The secretary of state shall issue a tab for persons with
disabilities to a totally disabled veteran who has obtained a
special registration plate under section 803f without requiring
additional proof of the totally disabled veteran's disability.
(4) (3)
As used in this section,
"disabled person" means a
person who is determined by a physician, a physician assistant, a
physical therapist, or an optometrist as specifically provided in
this section licensed to practice in this state to have 1 or more
of the following physical characteristics:
(a) Blindness as determined by an optometrist, a physician, or
a physician assistant.
(b) Inability to walk more than 200 feet without having to
stop and rest.
(c) Inability to do both of the following:
(i) Use 1 or both legs or feet.
(ii) Walk without the use of a wheelchair, walker, crutch,
brace, prosthetic, or other device, or without the assistance of
another person.
(d) A lung disease from which the person's forced expiratory
volume for 1 second, when measured by spirometry, is less than 1
liter, or from which the person's arterial oxygen tension is less
than 60 mm/hg of room air at rest.
(e) A cardiovascular condition that causes the person to
measure between 3 and 4 on the New York heart classification scale,
or that renders the person incapable of meeting a minimum standard
for
cardiovascular health that is established by the American heart
association
Heart Association and approved by the department of
public health.
(f) An arthritic, neurological, or orthopedic condition that
severely limits the person's ability to walk.
(g) The persistent reliance upon an oxygen source other than
ordinary air.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.