Bill Text: MI SB0998 | 2015-2016 | 98th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Torts; product liability; motor vehicle mechanics and motor vehicle repair facilities; exempt from liability for repairs to automated motor vehicles. Amends sec. 2949b of 1961 PA 236 (MCL 600.2949b).

Spectrum: Slight Partisan Bill (Republican 23-10)

Status: (Passed) 2016-12-13 - Assigned Pa 0335'16 With Immediate Effect [SB0998 Detail]

Download: Michigan-2015-SB0998-Engrossed.html

SB-0998, As Passed House, November 10, 2016

SB-0998, As Passed Senate, September 7, 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 998

 

 

May 25, 2016, Introduced by Senators HORN, KOWALL, JONES, STAMAS, BRANDENBURG, WARREN, HERTEL, SCHMIDT, MARLEAU and ANANICH and referred to the Committee on Economic Development and International Investment.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 2949b (MCL 600.2949b), as added by 2013 PA 251.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2949b. (1) The manufacturer of a vehicle is not liable

 

and shall must 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) A motor vehicle mechanic or a motor vehicle repair

 

facility that repairs an automated motor vehicle according to

 

specifications from the manufacturer of the automated motor vehicle

 

is not liable in a product liability action for damages resulting

 

from the repairs.

 

     (4) (3) Sections 2945 to 2949a do not apply in a product

 

liability action to the extent that they are inconsistent with this

 

section.

 

     (5) (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) "Motor vehicle mechanic" means that term as defined in

 

section 2 of the motor vehicle service and repair act, 1974 PA 300,


MCL 257.1302.

 

     (d) "Motor vehicle repair facility" means that term as defined

 

in section 2 of the motor vehicle service and repair act, 1974 PA

 

300, MCL 257.1302.

 

     (e) (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 takes effect 90 days

 

after the date it is enacted into law.

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