Bill Text: MI SB0582 | 2017-2018 | 99th Legislature | Chaptered

Michigan Senate Bill 582 (Prior Session Legislation)

Bill Title: Vehicles; registration; issuance of plates, tabs, or placards to persons with disabilities; allow upon determination of a qualifying condition by a physical therapist. Amends secs. 675, 803d & 803h of 1949 PA 300 (MCL 257.675 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-03-15 - Assigned Pa 0062'18 With Immediate Effect [SB0582 Detail]

Download: Michigan-2017-SB0582-Chaptered.html

Act No. 62

Public Acts of 2018

Approved by the Governor

March 13, 2018

Filed with the Secretary of State

March 14, 2018

EFFECTIVE DATE: June 12, 2018

STATE OF MICHIGAN

99TH LEGISLATURE

REGULAR SESSION OF 2018

Introduced by Senators Knollenberg, Gregory, Booher, Warren, Zorn and Hertel

ENROLLED SENATE BILL No. 582

AN ACT to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 675, 803d, and 803h (MCL 257.675, 257.803d, and 257.803h), section 675 as amended by 2013 PA 247 and sections 803d and 803h as amended by 1998 PA 68.

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.

(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.

(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.

(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’s or chauffeur’s license number or the first letter and the last 4 digits of the number on his or her official state personal identification card issued under 1972 PA 222, MCL 28.291 to 28.300.

(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) 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.

(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. 803d. (1) A disabled person may make application to the secretary of state and the secretary of state may issue special registration plates inscribed with the official international wheelchair symbol or a reasonable facsimile of that symbol and special identification numbers. Vehicles registered under section 801(1)(a) may be issued special registration plates under this section. A vehicle that is used to transport disabled persons may qualify for these distinguishing plates when the registered owner of the vehicle resides at the same address as the disabled person, submits as part of his or her application for the plates a statement to the effect that the vehicle is used for that purpose, and provides the secretary of state with a medical statement attesting to the fact that the person being transported is a disabled person. The fees for the special registration plates shall correspond with the registration fees provided in section 801(1)(a). Application for the special plates shall be on a form prescribed by the secretary of state. As part of a penalty imposed for violation of the special privileges conferred by this section, a magistrate or judge may order the special plates confiscated and returned to the secretary of state together with a certified copy of the sentence imposed. The use of special plates on a vehicle other than the vehicle for which the plates are issued or by a person who does not qualify under this section is a misdemeanor.

(2) 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.

(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.

(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. 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) 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.

(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.

(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.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor