Bill Text: MI SB0151 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Traffic control; violations; use of unmanned traffic monitoring device for ticketing traffic infractions; prohibit, and prohibit secretary of state from assigning points against individual under certain circumstances. Amends sec. 320a of 1949 PA 300 (MCL 257.320a) & adds sec. 751.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-09 - Referred To Committee On Transportation [SB0151 Detail]

Download: Michigan-2017-SB0151-Introduced.html

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SENATE BILL No. 151

 

 

February 9, 2017, Introduced by Senator SHIRKEY and referred to the Committee on Transportation.

 

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 320a (MCL 257.320a), as amended by 2012 PA 592,

 

and by adding section 751.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 320a. (1) Within 5 days after receipt of a properly

 

 2  prepared abstract from a court of this state or another state, the

 

 3  secretary of state shall record the date of conviction, civil

 

 4  infraction determination, or probate court disposition, and the

 

 5  number of points for each, based on the following formula, except

 

 6  as otherwise provided in this section and section 629c:

 

 

7	(a) Manslaughter, negligent homicide, or a
8	felony resulting from the operation of a motor

1	vehicle, ORV, or snowmobile............................6 points
2	(b) A violation of section 601b(2) or (3),
3	601c(1) or (2), or 653a(3) or (4) or, beginning
4	October 31, 2010, a violation of section 601d..........6 points
5	(c) A violation of section 625(1), (4), (5),
6	(7), or (8), section 81134 or 82127(1) of the
7	natural resources and environmental protection act,
8	1994 PA 451, MCL 324.81134 and 324.82127, or a law or
9	ordinance substantially corresponding to section
10	625(1), (4), (5), (7), or (8), or section 81134
11	or 82127(1) of the natural resources and
12	environmental protection act, 1994 PA 451,
13	MCL 324.81134 and 324.82127............................6 points
14	(d) Failing to stop and disclose identity
15	at the scene of an accident when required by law.......6 points
16	(e) Operating a motor vehicle in violation
17	of section 626.........................................6 points
18	(f) Fleeing or eluding an officer.................6 points
19	(g) A violation of section 627(9) pertaining
20	to speed in a work zone described in that section
21	by exceeding the lawful maximum by more than
22	15 miles per hour......................................5 points
23	(h) A violation of any law other than the
24	law described in subdivision (g) or ordinance
25	pertaining to speed by exceeding the lawful
26	maximum by more than 15 miles per hour.................4 points
27	(i) A violation of section 625(3) or (6),

1	section 81135 or 82127(3) of the natural
2	resources and environmental protection act,
3	1994 PA 451, MCL 324.81135 and 324.82127,
4	or a law or ordinance substantially corresponding
5	to section 625(3) or (6) or section 81135
6	or 82127(3) of the natural resources and
7	environmental protection act, 1994 PA 451,
8	MCL 324.81135 and 324.82127............................4 points
9	(j) A violation of section 626a or a law
10	or ordinance substantially corresponding to
11	section 626a...........................................4 points
12	(k) A violation of section 653a(2)................4 points
13	(l) A violation of section 627(9) pertaining
14	to speed in a work zone described in that section
15	by exceeding the lawful maximum by more than 10
16	but not more than 15 miles per hour....................4 points
17	(m) Beginning October 31, 2010, a
18	moving violation resulting in an at-fault
19	collision with another vehicle, a person,
20	or any other object....................................4 points
21	(n) A violation of any law other than the
22	law described in subdivision (l) or ordinance
23	pertaining to speed by exceeding the lawful
24	maximum by more than 10 but not more than 15
25	miles per hour or careless driving in violation
26	of section 626b or a law or ordinance substantially
27	corresponding to section 626b..........................3 points

1	(o) A violation of section 627(9) pertaining
2	to speed in a work zone described in that section
3	by exceeding the lawful maximum by 10 miles per
4	hour or less...........................................3 points
5	(p) A violation of any law other than the law
6	described in subdivision (o) or ordinance
7	pertaining to speed by exceeding the lawful maximum
8	by 10 miles per hour or less...........................2 points
9	(q) Disobeying a traffic signal or stop sign,
10	or improper passing....................................3 points
11	(r) A violation of section 624a, 624b, or
12	a law or ordinance substantially corresponding to
13	section 624a or 624b...................................2 points
14	(s) A violation of section 310e(4) or (6) or
15	a law or ordinance substantially corresponding to
16	section 310e(4) or (6).................................2 points
17	(t) All other moving violations pertaining to
18	the operation of motor vehicles reported under
19	this section...........................................2 points
20	(u) A refusal by a person less than 21 years of
21	age to submit to a preliminary breath test required
22	by a peace officer under section 625a..................2 points

 

 

23        (2) Points shall not be entered for a violation of section

 

24  310e(14), 311, 602b(1), 602c, 625m, 658, 710d, 717, 719, 719a, or

 

25  723.

 

26        (3) Points shall not be entered for bond forfeitures.

 

27        (4) Points shall not be entered for overweight loads or for

 1  defective equipment.

 

 2        (5) If more than 1 conviction, civil infraction determination,

 

 3  or probate court disposition results from the same incident, points

 

 4  shall be entered only for the violation that receives the highest

 

 5  number of points under this section.

 

 6        (6) If a person has accumulated 9 points as provided in this

 

 7  section, the secretary of state may call the person in for an

 

 8  interview as to the person's driving ability and record after due

 

 9  notice as to time and place of the interview. If the person fails

 

10  to appear as provided in this subsection, the secretary of state

 

11  shall add 3 points to the person's record.

 

12        (7) If a person violates a speed restriction established by an

 

13  executive order issued during a state of energy emergency as

 

14  provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of state

 

15  shall enter points for the violation pursuant to subsection (1).

 

16        (8) The secretary of state shall enter 6 points upon the

 

17  record of a person whose license is suspended or denied pursuant to

 

18  section 625f. However, if a conviction, civil infraction

 

19  determination, or probate court disposition results from the same

 

20  incident, additional points for that offense shall not be entered.

 

21        (9) If a Michigan driver an individual holding an operator's

 

22  or chauffeur's license in this state commits a violation in another

 

23  state that would be a civil infraction if committed in Michigan,

 

24  this state, and a conviction results solely because of the failure

 

25  of the Michigan driver license holder to appear in that state to

 

26  contest the violation, upon receipt of the abstract of conviction

 

27  by the secretary of state, the violation shall be noted on the

 1  driver's record, but no points shall be assessed against his or her

 

 2  driver's operator's or chauffeur's license.

 

 3        (10) If an individual holding an operator's or chauffeur's

 

 4  license in this state commits a violation in another state based on

 

 5  enforcement by an unmanned traffic monitoring device that would, if

 

 6  committed in this state, warrant an assessment of points against

 

 7  the license holder, the secretary of state shall not retain a

 

 8  record of the violation or assess points against the license

 

 9  holder. As used in this subsection, "unmanned traffic monitoring

 

10  device" means that term as defined in section 751.

 

11        Sec. 751. (1) A law enforcement agency or other entity shall

 

12  not use an unmanned traffic monitoring device to detect or enforce

 

13  any traffic or motor vehicle-related violation or infraction,

 

14  including, but not limited to, any of the following:

 

15        (a) Moving violations involving traffic signs, signals, or

 

16  markings.

 

17        (b) Speed limitations.

 

18        (c) High-occupancy vehicle lane violations or other public

 

19  road or highway usage limitations.

 

20        (2) As used in this section, "unmanned traffic monitoring

 

21  device" means a device or system that uses photo-radar, photo-

 

22  lidar, closed caption television, or a similar device or system

 

23  that photographs or otherwise records the image of or identifiable

 

24  information about a vehicle or its registration plate where

 

25  ticketing or enforcement is fully automated or where a lawfully

 

26  authorized human user of the device or system would not have had

 

27  firsthand visual sight of the vehicle at the time of detection.

 1  Unmanned traffic monitoring device includes a device or system that

 

 2  uses an individual to monitor traffic from a remote location but

 

 3  does not have a lawfully authorized individual physically present

 

 4  at the time of ticketing or enforcement.

 

 5        Enacting section 1. This amendatory act takes effect 90 days

 

 6  after the date it is enacted into law.