Bill Text: MI SB1121 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Vehicles; agricultural equipment; definition of implement of husbandry; revise, and eliminate prohibition on carrying a passenger on a moped. Amends secs. 21, 59, 73 & 658 of 1949 PA 300 (MCL 257.21 et seq.).
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2012-12-31 - Assigned Pa 0589'12 [SB1121 Detail]
Download: Michigan-2011-SB1121-Engrossed.html
SB-1121, As Passed Senate, June 14, 2012
SUBSTITUTE FOR
SENATE BILL NO. 1121
<<A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 21, 59, 73, 312a, 312b, 658, and 717 (MCL 257.21,
257.59, 257.73, 257.312a, 257.312b, 257.658, and 257.717), section 21 as
amended by 1985 PA 32, section 312b as amended by 2004 PA 362,
section 658 as amended by 2012 PA 98, and section 717 as amended by 2008
PA 539.>>
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
21. "Implement of husbandry" means a vehicle which is
either
a farm tractor, a vehicle designed to be drawn by a farm
tractor
or an animal, a vehicle which directly harvests farm
products,
or a vehicle which directly applies fertilizer, spray, or
seeds
to a farm field. or
trailer designed or used for the primary
function of serving agricultural, horticultural, or livestock
operations. Implement of husbandry includes a farm tractor, self-
propelled application-type vehicle, farm wagon, farm trailer, a
vehicle or trailer adapted for lifting or carrying another
implement of husbandry, or any substantially similar equipment used
to transport products necessary for agricultural production.
Sec. 59. "Semi-trailer" means every vehicle with or without
motive power, other than a pole-trailer, designed for carrying
persons or property and for being drawn by a motor vehicle and so
constructed that some part of its weight and that of its load rests
upon or is carried by another vehicle. Semi-trailer does not
include any implement of husbandry.
Sec. 73. "Trailer" means every vehicle with or without motive
power, other than a pole-trailer, designed for carrying property or
persons and for being drawn by a motor vehicle and so constructed
that no part of its weight rests upon the towing vehicle. Trailer
does not include any implement of husbandry.
Sec. 312a. (1) A person, before operating a motorcycle, other
than an autocycle, upon a public street or highway in this state,
shall procure a motorcycle indorsement on the operator's or
chauffeur's license. The license shall be issued, suspended,
revoked, canceled, or renewed in accordance with and governed by
this act.
(2) A person, before operating a moped upon a highway shall
procure a special restricted license to operate a moped unless the
person has a valid operator's or chauffeur's license. A special
restricted license to operate a moped may be issued to a person 15
years of age or older if the person satisfies the secretary of
state that he is competent to operate a moped with safety. The
secretary of state shall not require a road test before issuance of
a special restricted license to operate a moped.
(3) A special restricted license to operate a moped shall
expire on the birthday of the person to whom it is issued in the
fourth year following the date of issuance. A license shall not be
issued for a period longer than 4 years. A person issued a license
to operate a moped shall pay $7.50 for an original license and
$6.00 for a renewal license. The money received and collected under
this subsection shall be deposited in the state treasury to the
credit of the general fund. The secretary of state shall refund out
of the fees collected to each county or municipality, acting as an
examining officer, $2.50 for each applicant examined for an
original license and $1.00 for a renewal license.
Sec. 312b. (1) Before a person who is less than 18 years of
age is issued an original motorcycle endorsement on an operator's
or chauffeur's license, the person shall pass an examination as
required by this section and a motorcycle safety course as provided
in section 811a or 811b.
(2) Before a person who is 18 years of age or older is issued
an original motorcycle endorsement on an operator's or chauffeur's
license, the person shall pass an examination as required by this
section. A person who fails this examination 2 or more times is
required to successfully complete a motorcycle safety course as
provided in section 811a or 811b. Each written examination given an
applicant for a motorcycle endorsement on an operator's or
chauffeur's license as provided in section 309 shall also include
subjects designed to cover a motorcycle. A person shall pass an
examination
that shall include includes
a driving test designed to
test the competency of the applicant for the first motorcycle
endorsement on an operator's or chauffeur's license to operate a
motorcycle upon the roads and highways of this state with safety to
himself or herself and other persons and property. All examinations
shall be administered as provided in this act. The requirement of a
motorcycle driving skills test shall be waived for an applicant who
has successfully completed a motorcycle safety course conducted by
a school or business enterprise as provided in section 811a or
811b. The motorcycle safety course skills test shall meet or exceed
the motorcycle skills test from the secretary of state. The
requirement of a motorcycle driving skills test may be waived if
the applicant has a valid license or endorsement to operate a
motorcycle from another state.
(3) A motorcycle endorsement issued to a person who operates a
3-wheeled
motorcycle or other than an autocycle shall be restricted
to operation of that type of motorcycle and does not permit
operation of a 2-wheeled motorcycle. The secretary of state shall
develop
a driving test specifically pertaining to an autocycle or a
3-wheeled motorcycle other than an autocycle.
(4) The secretary of state is responsible for establishing and
conducting the motorcycle operator driving skills test and shall
promulgate rules under the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328, for purposes of this subsection.
An audit of the motorcycle safety fund shall be conducted by the
office of the auditor general to determine compliance with the
requirement that funds are being withdrawn only in relation to this
act. A copy of the audit shall be transmitted to the legislature
upon completion.
(5) The secretary of state may enter into an agreement with
another public or private corporation or agency to conduct a
driving skills test required under this section. Before the
secretary of state authorizes a person to administer a
corporation's or agency's driver skills testing operations or
authorizes an examiner to conduct a driving skills test, that
person or examiner must complete both a state and federal bureau of
investigation fingerprint based criminal history check through the
department of state police. In an agreement with another public or
private corporation or agency to conduct a driving skills test
under this section, the secretary of state shall prescribe the
method and examination criteria to be followed by the corporation,
agency, or examiner when conducting the driving skills test and the
form of the certification to be issued to a person who
satisfactorily completes a driving skills test. For administering
and overseeing a third party motorcycle testing program, the
secretary of state shall be reimbursed from the motorcycle safety
fund a total amount that does not exceed 50% of the department's
1995-1996 fiscal year appropriation for motorcycle testing under
this section.
(6) A person who corrupts or attempts to corrupt a
corporation, agency, or examiner that conducts a driving skills
test under an agreement entered into with the secretary of state
under this section by giving, offering, or promising any gift or
gratuity with the intent to influence the opinion or decision of
the corporation, agency, or examiner conducting the driving skills
test is guilty of a felony.
(7) A designated examining officer appointed or designated by
the secretary of state who conducts a driving skills test under an
agreement entered into under this section and who varies from,
shortens, or in any other way changes the method or examination
criteria prescribed to be followed under that agreement in
conducting a driving skills test under this section is guilty of a
felony.
(8) A person who forges, counterfeits, or alters a
satisfactorily completed driving skills test certification issued
by a designated examining officer appointed or designated by the
secretary of state under this section is guilty of a felony.
Sec. 658. (1) A person propelling a bicycle or operating a
motorcycle or moped shall not ride other than upon and astride a
permanent and regular seat attached to that vehicle.
(2) A bicycle or motorcycle shall not be used to carry more
persons at 1 time than the number for which it is designed and
equipped.
(3)
A moped or an An electric personal assistive mobility
device shall not be used to carry more than 1 person at a time.
(4) A person less than 19 years of age operating a moped on a
public thoroughfare shall wear a crash helmet on his or her head.
Except as provided in subsection (5), a person operating or riding
on a motorcycle shall wear a crash helmet on his or her head.
(5) The following conditions apply to a person 21 years of age
or older operating or riding on a motorcycle, as applicable:
(a) A person who is operating a motorcycle is not required to
wear a crash helmet on his or her head if he or she has had a
motorcycle endorsement on his or her operator's or chauffeur's
license for not less than 2 years or the person passes a motorcycle
safety course conducted under section 811a or 811b and satisfies
the requirements of subdivision (c).
(b) A person who is riding on a motorcycle is not required to
wear a crash helmet on his or her head if the person or the
operator of the motorcycle satisfies the requirements of
subdivision (c).
(c) A person who is operating a motorcycle and a person who is
riding on a motorcycle are not required to wear crash helmets on
their heads if the operator of the motorcycle or the rider has in
effect security for the first-party medical benefits payable in the
event that he or she is involved in a motorcycle accident, as
provided in section 3103 of the insurance code of 1956, 1956 PA
218, MCL 500.3103, in 1 of the following amounts, as applicable:
(i) A motorcycle operator without a rider, not less than
$20,000.00.
(ii) A motorcycle operator with a rider, not less than
$20,000.00 per person per occurrence. However, if the rider has
security in an amount not less than $20,000.00, then the operator
is only required to have security in the amount of not less than
$20,000.00.
(6) Crash helmets shall be approved by the department of state
police. The department of state police shall promulgate rules for
the implementation of this section under the administrative
Senate Bill No. 1121 as amended June 14, 2014
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Rules in
effect on June 1, 1970, apply to helmets required by this act.
(7) The crash helmet requirements under this section do not
apply to a person operating or riding in an autocycle if the
vehicle is equipped with a roof that meets or exceeds standards for
a crash helmet.
(8) A person operating or riding in an autocycle shall wear
seat belts when on a public highway in this state.
<<Sec. 717. (1) The total outside width of a vehicle or the load on a vehicle shall not exceed 96 inches, except as otherwise provided in this section.
(2) A person may operate or move an implement of husbandry of any width on a highway as required, designed, and intended for farming operations, including the movement of implements of husbandry being driven or towed and not hauled on a trailer, without obtaining a special permit for an excessively wide vehicle or load under section 725. The operation or movement of the implement of husbandry shall be in a manner so as to minimize the interruption of traffic flow. A person shall not operate or move an implement of husbandry to the left of the center of the roadway from a half hour after sunset to a half hour before sunrise, under the conditions specified in section 639, or at any time visibility is substantially diminished due to weather conditions. A person operating or moving an implement of husbandry shall follow all traffic regulations.
(3) The total outside width of the load of a vehicle hauling concrete pipe, agricultural products, or unprocessed logs, pulpwood, or wood bolts shall not exceed 108 inches.
(4) Except as provided in subsections (2) and (5) and this subsection, if a vehicle that is equipped with pneumatic tires is operated on a highway, the maximum width from the outside of 1 wheel and tire to the outside of the opposite wheel and tire shall not exceed 102 inches, and the outside width of the body of the vehicle or the load on the vehicle shall not exceed 96 inches. However, a truck and trailer or a tractor and semitrailer combination hauling pulpwood or unprocessed logs may be operated with a maximum width of not to exceed 108 inches in accordance with a special permit issued under section 725.
(5) The total outside body width of a bus, a trailer coach, a trailer, a semitrailer, a truck camper, or a motor home shall not exceed 102 inches. However, an appurtenance of a trailer coach, a truck camper, or a motor home that extends not more than 6 inches beyond the total outside body width is not a violation of this section.
(6) The total outside body width of a crib vehicle shall not exceed 108 inches.
(7) (6) A vehicle
shall not extend beyond the center line of a state trunk line highway except
when authorized by law. Except as provided in subsection (2), if the width of
the vehicle makes it impossible to stay away from the center line, a permit
shall be obtained under section 725.
(8) (7) The director of the state transportation
department, a county road commission, or a local authority may designate a
highway under the agency's jurisdiction as a highway on which a person may
operate a vehicle or vehicle combination that is not more than 102 inches in
width, including load, the operation of which would otherwise be prohibited by
this section. The agency making the designation may require that the owner or
lessee of the vehicle or of each vehicle in the vehicle combination secure a
permit before operating the vehicle or vehicle combination. This subsection
does not restrict the issuance of a special permit under section 725 for the
operation of a vehicle or vehicle combination. This subsection does not permit
the operation of a vehicle or vehicle combination described in section 722a
carrying a load described in that section if the operation would otherwise
result in a violation of that section.
(9) (8) The director of the state transportation department, a
county road commission, or a local authority may issue a special permit under
section 725 to a person operating a vehicle or vehicle combination if all of
the following are met:
(a) The vehicle or vehicle combination, including load, is not more than 106 inches in width.
(b) The vehicle or vehicle combination is used solely to move new motor vehicles or parts or components of new motor vehicles between facilities that meet all of the following:
(i) New motor vehicles or parts or components of new motor vehicles are manufactured or assembled in the facilities.
(ii) The facilities are located within 10 miles of each other.
(iii) The facilities are located within the city limits of the same city and the city is located in a county that has a population of more than 400,000 and less than 500,000 according to the most recent federal decennial census.
(c) The special permit and any renewals are each issued for a term of 1 year or less.
(10) (9) A person may move or operate a boat lift of any width or an
oversized hydraulic boat trailer owned and operated by a marina or watercraft
dealer in a commercial boat storage operation on a highway under a multiple
trip permit issued on an annual basis as specified under section 725. The
operation or movement of the boat lift or trailer shall minimize the
interruption of traffic flow. It shall be used exclusively to transport a boat
between a place of storage and a marina or in and around a marina. A boat lift
or oversized hydraulic boat trailer may be operated, drawn, or towed on a
street or highway only when transporting a vessel between a body of water and a
place of storage or when traveling empty to or from transporting a vessel. A
boat lift shall not be operated on limited access highways. A person moving or
operating a boat lift or oversized hydraulic boat trailer shall follow all
traffic regulations and shall ensure the route selected has adequate power and
utility wire height clearance.
(11) (10) A person who violates this section is responsible for a
civil infraction. The owner of the vehicle may be charged with a violation of
this section.>>
