Bill Text: MI SB0091 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Traffic control; violations; proof of no-fault insurance policy by electronic means; allow. Amends sec. 328 of 1949 PA 300 (MCL 257.328).
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2013-01-29 - Referred To Committee On Transportation [SB0091 Detail]
Download: Michigan-2013-SB0091-Introduced.html
SENATE BILL No. 91
January 29, 2013, Introduced by Senators GREEN, MARLEAU and PROOS and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 328 (MCL 257.328), as amended by 2004 PA 52.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 328. (1) The owner of a motor vehicle who operates or
permits the operation of the motor vehicle upon the highways of
this state or the operator of the motor vehicle shall produce,
pursuant
to subsection (2), upon the request
of a police officer,
evidence that the motor vehicle is insured under chapter 31 of the
insurance code of 1956, 1956 PA 218, MCL 500.3101 to 500.3179. For
purposes of this subsection, evidence that the motor vehicle is
insured under chapter 31 of the insurance code of 1956, 1956 PA
218, MCL 500.3101 to 500.3179, includes a copy of the certificate
of insurance described in subsection (2) that is provided or
otherwise made available by the insurance company to the insured in
an electronic format and as displayed on an electronic device.
Subject to section 907(16), an owner or operator of a motor vehicle
who fails to produce evidence of insurance under this subsection
when requested to produce that evidence or who fails to have motor
vehicle insurance for the vehicle as required under chapter 31 of
the insurance code of 1956, 1956 PA 218, MCL 500.3101 to 500.3179,
is responsible for a civil infraction.
(2) A certificate of insurance, issued by an insurance
company, that certifies that the security that meets the
requirements of sections 3101 and 3102 of the insurance code of
1956, 1956 PA 218, MCL 500.3101 and 500.3102, is in force shall be
accepted as prima facie evidence that insurance is in force for the
motor vehicle described in the certificate of insurance until the
expiration date shown on the certificate. The certificate, in
addition to describing the motor vehicles for which insurance is in
effect, shall state the name of each person named on the policy,
policy declaration, or a declaration certificate whose operation of
the vehicle would cause the liability coverage of that insurance to
become void.
(3) If, before the appearance date on the citation, the person
submits proof to the court that the motor vehicle had insurance
meeting the requirements of sections 3101 and 3102 of the insurance
code of 1956, 1956 PA 218, MCL 500.3101 and 500.3102, at the time
the violation of subsection (1) occurred, all of the following
apply:
(a) The court shall not assess a fine or costs.
(b) The court shall not cause an abstract of the court record
to be forwarded to the secretary of state.
(c) The court may assess a fee of not more than $25.00, which
shall be paid to the court funding unit.
(4) If an owner or operator of a motor vehicle is determined
to be responsible for a violation of subsection (1), the court in
which the civil infraction determination is entered may require the
person to surrender his or her operator's or chauffeur's license
unless proof that the vehicle has insurance meeting the
requirements of sections 3101 and 3102 of the insurance code of
1956, 1956 PA 218, MCL 500.3101 and 500.3102, is submitted to the
court. If the court requires the license to be surrendered, the
court shall order the secretary of state to suspend the person's
license. The court shall immediately destroy the license and shall
forward to the secretary of state an abstract of the court record
as required by section 732. Upon receipt of the abstract, the
secretary of state shall suspend the person's license beginning
with the date on which a person is determined to be responsible for
the civil infraction for a period of 30 days or until proof of
insurance meeting the requirements of sections 3101 and 3102 of the
insurance code of 1956, 1956 PA 218, MCL 500.3101 and 500.3102, is
submitted to the secretary of state, whichever occurs later. A
person who submits proof of insurance to the secretary of state
under this subsection shall pay a service fee of $25.00 to the
secretary of state. The person shall not be required to be examined
as set forth in section 320c and shall not be required to pay a
replacement license fee.
(5) If an owner or operator of a motor vehicle is determined
to be responsible for a violation of subsection (1), the court in
which the civil infraction determination is entered shall notify
the secretary of state of the vehicle registration number and the
year and make of the motor vehicle being operated at the time of
the violation. This notification shall be made on the abstract or
on a form approved by the supreme court administrator. Upon
receipt, the secretary of state shall immediately enter this
information in the records of the department. The secretary of
state shall not renew, transfer, or replace the registration plate
of the vehicle involved in the violation or allow the purchase of a
new registration plate for the vehicle involved in the violation
until the owner meets the requirements of section 227a or unless
the vehicle involved in the violation is transferred or sold to a
person other than the owner's spouse, mother, father, sister,
brother, or child.
(6) An owner or operator of a motor vehicle who knowingly
produces false evidence under this section is guilty of a
misdemeanor, punishable by imprisonment for not more than 1 year,
or a fine of not more than $1,000.00, or both.
(7)
Points shall not be entered on a driver's record pursuant
to
under section 320a for a violation of this section.
(8) This section does not apply to the owner or operator of a
motor vehicle that is registered in a state other than this state
or a foreign country or province.
