Bill Text: MI SB0277 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Crimes; vehicle offenses; registering or driving certain former government vehicles without changing the distinctive markings; prohibit. Amends sec. 255 of 1949 PA 300 (MCL 257.255) & adds secs. 224a & 233c.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2009-02-19 - Referred To Committee On Transportation [SB0277 Detail]
Download: Michigan-2009-SB0277-Introduced.html
SENATE BILL No. 277
February 19, 2009, Introduced by Senators JELINEK, ANDERSON, BIRKHOLZ, PAPPAGEORGE and BARCIA and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 255 (MCL 257.255), as amended by 2003 PA 9, and
by adding sections 224a and 233c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 224a. (1) The secretary of state shall not issue a
registration plate for a special purpose government vehicle that
has been transferred from an agency or unit of local government of
this state until the secretary of state receives satisfactory
evidence of all of the following:
(a) That the vehicle has been modified in a manner that
removes the distinctive markings that characterize it as a special
purpose vehicle.
(b) For a former state police vehicle, that the front push
bar, state police insignia, any distinctive red or blue lights, and
any specialized equipment that is distinctive to state police
vehicles have been removed.
(2) The secretary of state may issue a temporary registration
plate that is valid for not more than 15 days to allow a person who
seeks to register a special purpose vehicle that has been
transferred from an agency or unit of local government of this
state to comply with the requirements for obtaining a registration
plate under this section.
(3) As used in this section, "special purpose vehicle" means a
vehicle with a distinctive color, pattern, or markings that
identify it as a vehicle used by a government officer or employee
in performing official duties, including, but not limited to, a
state or local government police vehicle, ambulance, or fire truck.
Sec. 233c. A person who sells at auction a special purpose
vehicle, as defined in section 224a, shall inform potential buyers
of the special requirements under that section for obtaining a
registration plate. A buyer may rescind the sale within 90 days if
he or she did not receive the notice required in this section
before entering into the sales agreement.
Sec. 255. (1) Except as otherwise provided in this chapter, a
person shall not operate, nor shall an owner knowingly permit to be
operated, upon any highway, a vehicle required to be registered
under this act unless there is attached to and displayed on the
vehicle, as required by this chapter, a valid registration plate
issued for the vehicle by the department for the current
registration year. A registration plate shall not be required upon
any wrecked or disabled vehicle, or vehicle destined for repair or
junking, which is being transported or drawn upon a highway by a
wrecker or a registered motor vehicle.
(2) Except as otherwise provided in this section, a person who
violates subsection (1) is responsible for a civil infraction.
However,
if the vehicle is a commercial vehicle which that is
required to be registered according to the schedule of elected
gross vehicle weights under section 801(1)(k), the person is guilty
of a misdemeanor punishable by imprisonment for not more than 90
days or a fine of not more than $500.00, or both.
(3) A person who operates a vehicle licensed under the
international registration plan and does not have a valid
registration due to nonpayment of the apportioned fee is guilty of
a misdemeanor, punishable by imprisonment for not more than 90
days, or by a fine of not more than $100.00, or both. In addition,
a police officer may impound the vehicle until a valid registration
is obtained. If the vehicle is impounded, the towing and storage
costs of the vehicle, and the care or preservation of the load in
the vehicle shall be the owner's responsibility. Vehicles impounded
shall be subject to a lien in the amount of the apportioned fee and
any fine and costs incurred under this subsection, subject to a
valid lien of prior record. If the apportioned fee, fine, and costs
are not paid within 90 days after impoundment, then following a
hearing before the judge or magistrate who imposed the fine and
costs, the judge or magistrate shall certify the unpaid judgment to
the prosecuting attorney of the county in which the violation
occurred. The prosecuting attorney shall enforce the lien by
foreclosure sale in accordance with the procedure authorized by law
for chattel mortgage foreclosures.
(4) A person who operates in violation of subsection (1) a
special purpose vehicle, as defined in section 224a, that was
transferred from ownership of this state or a unit of local
government of this state, is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more than
$500.00, or both.