Bill Text: MI SB0897 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Traffic control; violations; assessment of points for certain speeding violations; modify, and make other revisions. Amends secs. 320a, 606, 608, 609 & 610 of 1949 PA 300 (MCL 257.320a et seq.). TIE BAR WITH: SB 0894'14, SB 0895'14, SB 0896'14, SB 0898'14
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2014-03-27 - Referred To Committee On Transportation [SB0897 Detail]
Download: Michigan-2013-SB0897-Introduced.html
SENATE BILL No. 897
March 27, 2014, Introduced by Senators JONES, CASPERSON and PAPPAGEORGE and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 320a, 606, 608, 609, and 610 (MCL 257.320a,
257.606, 257.608, 257.609, and 257.610), section 320a as amended
by 2012 PA 592 and section 606 as amended by 1980 PA 518.
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,
3 the 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: ,
6 except as otherwise provided in this section and section 629c:
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(a) Manslaughter, negligent homicide, or a |
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felony resulting from the operation of a motor |
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vehicle, ORV, or snowmobile............................6 points |
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(b) A violation of section 601b(2) or (3), |
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601c(1) or (2), or 653a(3) or (4) or, beginning |
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October 31, 2010, a violation of section 601d..........6 points |
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(c) A violation of section 625(1), (4), (5), |
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(7), or (8), section 81134 or 82127(1) of the |
9 |
natural resources and environmental protection act, |
10 |
1994 PA 451, MCL 324.81134 and 324.82127, or a law or |
11 |
ordinance substantially corresponding to section |
12 |
625(1), (4), (5), (7), or (8), or section 81134 |
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or 82127(1) of the natural resources and |
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environmental protection act, 1994 PA 451, |
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MCL 324.81134 and 324.82127............................6 points |
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(d) Failing to stop and disclose identity |
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at the scene of an accident when required by law.......6 points |
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(e) Operating a motor vehicle in violation |
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of section 626.........................................6 points |
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(f) Fleeing or eluding an officer.................6 points |
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|
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(g) |
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|
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pertaining to speed by exceeding the lawful |
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maximum by more than 15 miles per hour.................4 points |
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(h) |
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section 81135 or 82127(3) of the natural |
2 |
resources and environmental protection act, |
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1994 PA 451, MCL 324.81135 and 324.82127, |
4 |
or a law or ordinance substantially corresponding |
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to section 625(3) or (6) or section 81135 |
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or 82127(3) of the natural resources and |
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environmental protection act, 1994 PA 451, |
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MCL 324.81135 and 324.82127............................4 points |
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(i) |
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or ordinance substantially corresponding to |
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section 626a...........................................4 points |
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(j) |
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|
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16 |
|
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(k) |
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moving violation resulting in an at-fault |
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collision with another vehicle, a person, |
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or any other object....................................4 points |
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(l) |
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|
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of section 626b or a law or ordinance substantially |
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corresponding to section 626b..........................3 points |
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(m) |
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or ordinance pertaining to
speed |
1 |
|
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maximum
by more than 10 miles per hour |
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more than 15 miles per hour............................3 points |
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(n) |
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|
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pertaining to speed by exceeding the lawful maximum |
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by more than 5 miles per hour but not more than |
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10
miles per hour |
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(o) |
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or improper passing....................................3 points |
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(p) |
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a law or ordinance substantially corresponding to |
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section 624a or 624b...................................2 points |
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(q) |
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a law or ordinance substantially corresponding to |
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section 310e(4) or (6).................................2 points |
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(r) |
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the operation of motor vehicles reported under |
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this section...........................................2 points |
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(s) |
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age to submit to a preliminary breath test required |
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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
28 defective equipment.
1 (5) If more than 1 conviction, civil infraction
2 determination, or probate court disposition results from the same
3 incident, points shall be entered only for the violation that
4 receives the highest number of points under this section.
5 (6) If a person has accumulated 9 points as provided in this
6 section, the secretary of state may call the person in for an
7 interview as to the person's driving ability and record after due
8 notice as to time and place of the interview. If the person fails
9 to appear as provided in this subsection, the secretary of state
10 shall add 3 points to the person's record.
11 (7) If a person violates a speed restriction established by
12 an executive order issued during a state of energy emergency as
13 provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of
14 state shall enter points for the violation pursuant to under
15 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
18 to under 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
21 entered.
22 (9) If a Michigan driver commits a violation in another
23 state that would be a civil infraction if committed in Michigan,
24 and a conviction results solely because of the failure of the
25 Michigan driver to appear in that state to contest the violation,
26 upon receipt of the abstract of conviction by the secretary of
27 state, the violation shall be noted on the driver's record, but
1 no points shall be assessed against his or her driver's license.
2 Sec. 606. (1) The provisions of this This chapter
shall not
3 be considered to does
not prevent a local
authorities authority
4 with respect to streets or highways under the jurisdiction of the
5 local authority and within the reasonable exercise of the police
6 power from doing any of the following:
7 (a) Regulating the standing or parking of vehicles.
8 (b) Regulating the impoundment or immobilization of vehicles
9 whose owner has failed to answer 6 or more parking violation
10 notices or citations regarding illegal parking.
11 (c) Regulating traffic by means of police officers or
12 traffic control signals.
13 (d) Regulating or prohibiting processions or assemblages on
14 the highways or streets.
15 (e) Designating particular highways as 1-way highways and
16 requiring that all vehicles on those highways be moved in 1
17 specific direction.
18 (f) Regulating the speed of vehicles in public parks.
19 (f) (g) Designating
any highway as a through highway and
20 requiring that all vehicles stop before entering or crossing the
21 through highway; designating any intersection as a stop
22 intersection and requiring all vehicles to stop at 1 or more
23 entrances to these intersections; the intersection; or
24 designating intersections at which vehicular traffic shall be
25 required any
intersection as a yield intersection and requiring
26 all vehicles to yield the right of way at 1 or more entrances to
27 these intersections.the
intersection.
1 (g) (h) Restricting
the use of highways as authorized in
2 section 726.
3 (h) (i) Regulating
the operation of bicycles and requiring
4 the registration and licensing of bicycles, including the
5 requirement of a registration fee.
6 (i) (j) Regulating
or prohibiting the turning of vehicles at
7 intersections.
8 (k) Increasing the prima facie speed limits as authorized in
9 this act.
10 (j) (l) Adopting other traffic regulations as are
11 specifically authorized by this chapter.
12 (2) All traffic regulations described in subsection (1)
13 shall be based on standard and accepted engineering practices as
14 specified in the Michigan manual on uniform traffic control
15 devices.
16 (3) (2) A
local authority shall not erect or maintain a stop
17 sign or traffic control device at a location so as to require
18 that requires the traffic on any state trunk line highway to stop
19 before entering or crossing any intersecting highway unless
20 approval in writing has been first obtained from the director of
21 the state transportation department.
22 (4) (3) An
ordinance or regulation enacted under subsection
23 (1)(a), (d), (e), (f), (g), (h), or (i) ,
or (j) shall not be
24 enforceable until signs giving notice of the local traffic
25 regulations are posted upon or at the entrance to the highway or
26 street or part of the highway or street affected, as may be most
27 appropriate, and are sufficiently legible as to be seen by an
1 ordinarily observant person. The posting of signs giving the
2 notice shall not be required for a local ordinance which that
3 does not differ from the provisions of this act regulating the
4 parking or standing of vehicles; nor to ordinances of general
5 application throughout the jurisdiction of the municipalities
6 enacting the ordinances which that prohibit, limit, or
restrict
7 all night parking or parking during the early morning hours, if
8 signs, approximately 3 feet by 4 feet, and sufficiently legible
9 as to be seen by an ordinarily observant person, giving notice of
10 these ordinances relating to all night parking or parking during
11 the early morning hours, are posted on highways at the corporate
12 limits of the municipality.
13 (5) (4) A
local authority, in providing by ordinance for the
14 impounding of any motor vehicle parked contrary to a local
15 ordinance, shall not require a bond or cash deposit by the owner
16 of the motor vehicle in excess of $500.00 in order to recover the
17 possession of the motor vehicle pending final adjudication of the
18 case.
19 Sec. 608. The state highway commissioner transportation
20
department and commissioner department of state police shall
21 adopt a manual and specifications for a uniform system of
22 traffic-control traffic
control devices consistent with the
23 provisions of this chapter for use upon highways within this
24 state. Such uniform system The manual shall correlate
with and so
25 far as possible conform to the system federal manual then current
26 as approved by the American Association of State Highway
27 Officials and such manual United
States department of
1 transportation, federal highway administration, and may be
2 revised whenever necessary to carry out the provisions of this
3 act. It is hereby declared to be the policy of the this state
of
4 Michigan to achieve,
insofar as is practicable, uniformity in the
5 design, and shape, and color scheme of traffic signs, signals,
6 and guide posts erected and maintained upon the streets and
7 highways within the this
state with other states. Definitions and
8 meanings found in the manual adopted under this section are
9 supplemental to the definitions in chapter I. However, if a
10 definition or meaning found in the manual adopted under this
11 section conflicts with a definition in chapter I, the definition
12 in chapter I prevails.
13 Sec. 609. (1) (a) The
state highway commission
14 transportation department shall place or require to be placed,
15 and maintain or require to be maintained, such traffic-control
16 devices, conforming to said manual and specifications, upon all
17 state highways traffic
control devices as it shall deem considers
18 necessary to indicate and to carry out the provisions of this
19 chapter or to regulate, warn, or guide traffic. A traffic control
20 device placed and maintained under this subsection shall conform
21 to the most current Michigan manual on uniform traffic control
22 devices.
23 (2) (b) No A
local authority shall not place
or maintain any
24 traffic-control a
traffic control device upon any a trunk
line
25 highway under the jurisdiction of the state highway commissioner
26 transportation department, except by the latter's permission, or
27 upon any a county road without the permission of the county
road
1 commission having jurisdiction thereof. over that road. With the
2 approval of the department of state highways, state
3 transportation department, the board of county road commissioners
4 of any a county, at its option, may install and maintain uniform
5 traffic-control traffic
control devices according to the
6 standards promulgated by the department of state highways and as
7 required by the commission on trunk line highways, conforming to
8 the Michigan manual on uniform traffic control devices if the
9 cost would be less than that estimated by the state highway
10 commission, billing transportation
department and bill the state
11 highway commission transportation
department for its share of the
12 cost of installation.
13 Sec. 610. (1) (a) Local
authorities and county road
14 commissions in their respective jurisdictions shall place and
15 maintain such the traffic control devices upon highways under
16 their jurisdiction as they may deem that they consider necessary
17 to indicate and to carry out the provisions of this chapter or
18 local traffic ordinances or to regulate, warn, or guide traffic.
19 All such traffic control devices hereafter erected shall
conform
20 to the state manual and specifications.Michigan manual on uniform
21 traffic control devices.
22 (2) (b) The
state highway commissioner transportation
23
department shall withhold from any township,
incorporated
24 village, city, or county
, failing that fails to comply with the
25 provisions of sections 606, 608,
609, 612, and 613, the share of
26 weight fuel and gasoline vehicle tax refunds revenue that would
27 otherwise be due the township, incorporated village, city, or
1 county under section 10 of 1951 PA 51, MCL 247.660. Notice of
2 such failure to comply, and a reasonable 1
year's time to comply
3 therewith, after
notice, shall first be given.
4 (3) (c) A
person, firm, or corporation shall not sell or
5 offer for sale to local authorities and local authorities shall
6 not purchase or manufacture any traffic control device which that
7 does not conform to the Michigan manual of on uniform
traffic
8 control devices, except by with the permission of the
director of
9 the state transportation department. of state highways.
10 Enacting section 1. This amendatory act does not take effect
11 unless all of the following bills of the 97th Legislature are
12 enacted into law:
13 (a) Senate Bill No. 894.
14
15 (b) Senate Bill No. 896.
16
17 (c) Senate Bill No. 898.
18
19 (d) Senate Bill No. 895.
20