Bill Text: MI SB0663 | 2013-2014 | 97th Legislature | Chaptered


Bill Title: Torts; product liability; liability of vehicle manufacturer or upfitter for damages resulting from modifications made by a third party to convert the vehicle to an automated vehicle; limit under certain circumstances. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2949b. TIE BAR WITH: SB 0169'13

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-12-31 - Assigned Pa 0251'13 With Immediate Effect [SB0663 Detail]

Download: Michigan-2013-SB0663-Chaptered.html

Act No. 251

Public Acts of 2013

Approved by the Governor

December 26, 2013

Filed with the Secretary of State

December 27, 2013

EFFECTIVE DATE: December 27, 2013

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2013

Introduced by Senator Kowall

ENROLLED SENATE BILL No. 663

AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” (MCL 600.101 to 600.9947) by adding section 2949b.

The People of the State of Michigan enact:

Sec. 2949b. (1) The manufacturer of a vehicle is not liable and shall be dismissed from any action for alleged damages resulting from any of the following unless the defect from which the damages resulted was present in the vehicle when it was manufactured:

(a) The conversion or attempted conversion of the vehicle into an automated motor vehicle by another person.

(b) The installation of equipment in the vehicle by another person to convert it into an automated motor vehicle.

(c) The modification by another person of equipment that was installed by the manufacturer in an automated motor vehicle specifically for using the vehicle in automatic mode.

(2) A subcomponent system producer recognized as described in section 244 of the Michigan vehicle code, 1949 PA 300, MCL 257.244, is not liable in a product liability action for damages resulting from the modification of equipment installed by the subcomponent system producer to convert a vehicle to an automated motor vehicle unless the defect from which the damages resulted was present in the equipment when it was installed by the subcomponent system producer.

(3) Sections 2945 to 2949a do not apply in a product liability action to the extent that they are inconsistent with this section.

(4) As used in this section:

(a) “Automated motor vehicle” means that term as defined in section 2b of the Michigan vehicle code, 1949 PA 300, MCL 257.2b.

(b) “Automatic mode” means that term as defined in section 2b of the Michigan vehicle code, 1949 PA 300, MCL 257.2b.

(c) “Vehicle” means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.79.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 169 of the 97th Legislature is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor