March 12, 2014, Introduced by Senators ANANICH, HOOD, GREGORY and JOHNSON and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 674 and 907 (MCL 257.674 and 257.907), section
674 as amended by 2000 PA 268 and section 907 as amended by 2011 PA
159.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 674. (1) A vehicle shall not be parked, except if
necessary to avoid conflict with other traffic or in compliance
with the law or the directions of a police officer or traffic-
control device, in any of the following places:
(a) On a sidewalk.
(b) In front of a public or private driveway.
(c) Within an intersection.
(d) Within 15 feet of a fire hydrant.
(e) On a crosswalk.
(f) Within 20 feet of a crosswalk, or if there is not a
crosswalk, then within 15 feet of the intersection of property
lines at an intersection of highways.
(g) Within 30 feet of the approach to a flashing beacon, stop
sign, or traffic-control signal located at the side of a highway.
(h) Between a safety zone and the adjacent curb or within 30
feet of a point on the curb immediately opposite the end of a
safety zone, unless a different length is indicated by an official
sign or marking.
(i) Within 50 feet of the nearest rail of a railroad crossing.
(j) Within 20 feet of the driveway entrance to a fire station
and on the side of a street opposite the entrance to a fire station
within 75 feet of the entrance if properly marked by an official
sign.
(k) Alongside or opposite a street excavation or obstruction,
if the stopping, standing, or parking would obstruct traffic.
(l) On the roadway side of a vehicle stopped or parked at the
edge or curb of a street.
(m) Upon a bridge or other elevated highway structure or
within a highway tunnel.
(n) At a place where an official sign prohibits stopping or
parking.
(o) Within 500 feet of an accident at which a police officer
is in attendance, if the scene of the accident is outside of a city
or village.
(p) In front of a theater.
(q) In a place or in a manner that blocks immediate egress
from an emergency exit conspicuously marked as an emergency exit of
a building.
(r) In a place or in a manner that blocks or hampers the
immediate use of an immediate egress from a fire escape
conspicuously marked as a fire escape providing an emergency means
of egress from a building.
(s) In a parking space clearly identified by an official sign
as being reserved for use by disabled persons that is on public
property or private property available for public use, unless the
individual is a disabled person as described in section 19a or
unless the individual is parking the vehicle for the benefit of a
disabled person. If a parking space is identified by an official
sign as being reserved for use by disabled persons, the parking
space may also be posted with a sign specifying the amount of the
fine authorized under section 907 for a violation of this
subdivision. In order for the vehicle to be parked in the parking
space the vehicle shall display 1 of the following:
(i) A certificate of identification or windshield placard
issued under section 675 to a disabled person.
(ii) A special registration plate issued under section 803d to
a disabled person.
(iii) A similar certificate of identification or windshield
placard issued by another state to a disabled person.
(iv) A similar special registration plate issued by another
state to a disabled person.
(v) A special registration plate to which a tab for persons
with disabilities is attached issued under this act.
(t) In a clearly identified access aisle or access lane
immediately adjacent to a space designated for parking by persons
with disabilities.
(u) On a street or other area open to the parking of vehicles
that results in the vehicle interfering with the use of a curb-cut
or ramp by persons with disabilities.
(v) Within 500 feet of a fire at which fire apparatus is in
attendance, if the scene of the fire is outside a city or village.
However, volunteer fire fighters responding to the fire may park
within 500 feet of the fire in a manner not to interfere with fire
apparatus at the scene. A vehicle parked legally previous to the
fire is exempt from this subdivision.
(w) In violation of an official sign restricting the period of
time for or manner of parking.
(x) In a space controlled or regulated by a meter on a public
highway or in a publicly owned parking area or structure, if the
allowable time for parking indicated on the meter has expired,
unless the vehicle properly displays 1 or more of the items listed
in section 675(8).
(y) On a street or highway in such a way as to obstruct the
delivery of mail to a rural mailbox by a carrier of the United
States postal service.
(z) In a place or in a manner that blocks the use of an alley.
(aa) In a place or in a manner that blocks access to a space
clearly designated as a fire lane.
(2) A person shall not move a vehicle not owned by the person
into a prohibited area or away from a curb a distance that makes
the parking unlawful.
(3) A bus, for the purpose of taking on or discharging
passengers, may be stopped at a place described in subsection
(1)(b), (d), or (f) or on the roadway side of a vehicle illegally
parked in a legally designated bus loading zone. A bus, for the
purpose of taking on or discharging a passenger, may be stopped at
a place described in subsection (1)(n) if the place is posted by an
appropriate
bus stop sign, except that a bus shall not stop at such
a
that place if the stopping is specifically prohibited by
the
responsible local authority, the state transportation department,
or the director of the department of state police.
(4) A person who violates this section is responsible for a
civil infraction.
Sec. 907. (1) A violation of this act, or a local ordinance
substantially corresponding to a provision of this act, that is
designated a civil infraction shall not be considered a lesser
included offense of a criminal offense.
(2)
If a person is determined pursuant to under sections 741
to 750 to be responsible or responsible "with explanation" for a
civil infraction under this act or a local ordinance substantially
corresponding to a provision of this act, the judge or district
court magistrate may order the person to pay a civil fine of not
more than $100.00 and costs as provided in subsection (4). However,
beginning
October 31, 2010, if the civil
infraction was a moving
violation that resulted in an at-fault collision with another
vehicle, a person, or any other object, the civil fine ordered
under this section shall be increased by $25.00 but the total civil
fine shall not exceed $100.00. However, for a violation of section
602b, the person shall be ordered to pay costs as provided in
subsection (4) and a civil fine of $100.00 for a first offense and
$200.00 for a second or subsequent offense. For a violation of
section 674(1)(s) or a local ordinance substantially corresponding
to section 674(1)(s), the person shall be ordered to pay costs as
provided in subsection (4) and a civil fine of not less than
$100.00
$200.00 or more than $250.00. $500.00. For
a violation of
section 328, the civil fine ordered under this subsection shall be
not more than $50.00. For a violation of section 710d, the civil
fine ordered under this subsection shall not exceed $10.00 and is
subject to subsection (12). For a violation of section 710e, the
civil fine and court costs ordered under this subsection shall be
$25.00. For a violation of section 682 or a local ordinance
substantially corresponding to section 682, the person shall be
ordered to pay costs as provided in subsection (4) and a civil fine
of not less than $100.00 or more than $500.00. For a violation of
section 240, the civil fine ordered under this subsection shall be
$15.00. For a violation of section 252a(1), the civil fine ordered
under this subsection shall be $50.00. For a violation of section
676a(3),
the civil fine ordered under this section subsection shall
be not more than $10.00. For a first violation of section 319f(1),
the
civil fine ordered under this section subsection shall be not
less than $2,500.00 or more than $2,750.00; for a second or
subsequent violation, the civil fine shall be not less than
$5,000.00 or more than $5,500.00. For a violation of section
319g(1)(a),
the civil fine ordered under this section subsection
shall be not more than $10,000.00. For a violation of section
319g(1)(g),
the civil fine ordered under this section subsection
shall be not less than $2,750.00 or more than $25,000.00.
Permission may be granted for payment of a civil fine and costs to
be made within a specified period of time or in specified
installments, but unless permission is included in the order or
judgment, the civil fine and costs shall be payable immediately.
(3) Except as provided in this subsection, if a person is
determined to be responsible or responsible "with explanation" for
a civil infraction under this act or a local ordinance
substantially corresponding to a provision of this act while
driving a commercial motor vehicle, he or she shall be ordered to
pay costs as provided in subsection (4) and a civil fine of not
more than $250.00.
(4) If a civil fine is ordered under subsection (2) or (3),
the judge or district court magistrate shall summarily tax and
determine the costs of the action, which are not limited to the
costs taxable in ordinary civil actions, and may include all
expenses, direct and indirect, to which the plaintiff has been put
in connection with the civil infraction, up to the entry of
judgment. Costs shall not be ordered in excess of $100.00. A civil
fine ordered under subsection (2) or (3) shall not be waived unless
costs ordered under this subsection are waived. Except as otherwise
provided by law, costs are payable to the general fund of the
plaintiff.
(5) In addition to a civil fine and costs ordered under
subsection (2) or (3) and subsection (4) and the justice system
assessment
ordered under subsection (14), (13),
the judge or
district court magistrate may order the person to attend and
complete a program of treatment, education, or rehabilitation.
(6) A district court magistrate shall impose the sanctions and
remedies permitted under subsections (2), (3), and (5) only to the
extent expressly authorized by the chief judge or only judge of the
district court district.
(7) Each district of the district court and each municipal
court may establish a schedule of civil fines, costs, and
assessments to be imposed for civil infractions that occur within
the respective district or city. If a schedule is established, it
shall be prominently posted and readily available for public
inspection. A schedule need not include all violations that are
designated by law or ordinance as civil infractions. A schedule may
exclude cases on the basis of a defendant's prior record of civil
infractions or traffic offenses, or a combination of civil
infractions and traffic offenses.
(8) The state court administrator shall annually publish and
distribute to each district and court a recommended range of civil
fines and costs for first-time civil infractions. This
recommendation is not binding upon the courts having jurisdiction
over civil infractions but is intended to act as a normative guide
for judges and district court magistrates and a basis for public
evaluation of disparities in the imposition of civil fines and
costs throughout the state.
(9) If a person has received a civil infraction citation for
defective safety equipment on a vehicle under section 683, the
court shall waive a civil fine, costs, and assessments upon receipt
of certification by a law enforcement agency that repair of the
defective equipment was made before the appearance date on the
citation.
(10) A default in the payment of a civil fine or costs ordered
under subsection (2), (3), or (4) or a justice system assessment
ordered
under subsection (14), (13),
or an installment of the fine,
costs, or assessment, may be collected by a means authorized for
the enforcement of a judgment under chapter 40 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or
under chapter 60 of the revised judicature act of 1961, 1961 PA
236, MCL 600.6001 to 600.6098.
(11) If a person fails to comply with an order or judgment
issued
pursuant to under this section within the time prescribed by
the court, the driver's license of that person shall be suspended
pursuant
to under section 321a until full compliance with that
order or judgment occurs. In addition to this suspension, the court
may also proceed under section 908.
(12) The court shall waive any civil fine, cost, or assessment
against a person who received a civil infraction citation for a
violation of section 710d if the person, before the appearance date
on the citation, supplies the court with evidence of acquisition,
purchase, or rental of a child seating system meeting the
requirements of section 710d.
(13)
Until October 1, 2003, in addition to any civil fines and
costs
ordered to be paid under this section, the judge or district
court
magistrate shall levy an assessment of $5.00 for each civil
infraction
determination, except for a parking violation or a
violation
for which the total fine and costs imposed are $10.00 or
less.
An assessment paid before October 1, 2003 shall be
transmitted
by the clerk of the court to the state treasurer to be
deposited
into the Michigan justice training fund. An assessment
ordered
before October 1, 2003 but collected on or after October 1,
2003
shall be transmitted by the clerk of the court to the state
treasurer
for deposit in the justice system fund created in section
181
of the revised judicature act of 1961, 1961 PA 236, MCL
600.181.
An assessment levied under this subsection is not a civil
fine
for purposes of section 909.
(13) (14)
Effective October 1, 2003, in In
addition to any
civil fines or costs ordered to be paid under this section, the
judge or district court magistrate shall order the defendant to pay
a justice system assessment of $40.00 for each civil infraction
determination, except for a parking violation or a violation for
which the total fine and costs imposed are $10.00 or less. Upon
payment of the assessment, the clerk of the court shall transmit
the assessment collected to the state treasury to be deposited into
the justice system fund created in section 181 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.181. An assessment
levied under this subsection is not a civil fine for purposes of
section 909.
(14) (15)
If a person has received a citation
for a violation
of section 223, the court shall waive any civil fine, costs, and
assessment, upon receipt of certification by a law enforcement
agency that the person, before the appearance date on the citation,
produced a valid registration certificate that was valid on the
date the violation of section 223 occurred.
(15) (16)
If a person has received a citation
for a violation
of section 328(1) for failing to produce a certificate of insurance
pursuant
to under section 328(2), the court may waive the fee
described in section 328(3)(c) and shall waive any fine, costs, and
any other fee or assessment otherwise authorized under this act
upon receipt of verification by the court that the person, before
the appearance date on the citation, produced valid proof of
insurance that was in effect at the time the violation of section
328(1) occurred. Insurance obtained subsequent to the time of the
violation does not make the person eligible for a waiver under this
subsection.
(16) (17)
As used in this section,
"moving violation" means an
act or omission prohibited under this act or a local ordinance
substantially corresponding to this act that involves the operation
of a motor vehicle and for which a fine may be assessed.