Bill Text: MI SB1190 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Traffic control: driver license; assessment of late renewal fee for registration and certain driver licenses during a declared emergency; prohibit. Amends secs. 306, 312f, 312k, 801 & 811 of 1949 PA 300 (MCL 257.306 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-10-08 - Referred To Committee On Government Operations [SB1190 Detail]
Download: Michigan-2019-SB1190-Introduced.html
SENATE BILL NO. 1190
October 08, 2020, Introduced by Senator SCHMIDT
and referred to the Committee on Government Operations.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 306, 312f, 312k, 801, and 811 (MCL 257.306, 257.312f, 257.312k, 257.801, and 257.811), sections 306 and 312f as amended and section 312k as added by 2020 PA 127, section 801 as amended by 2020 PA 103, and section 811 as amended by 2006 PA 589.
the people of the state of michigan enact:
1
2
Sec. 306. (1) The
secretary of state, upon receiving an application for a temporary instruction
permit from a person who is
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
18 years of age or older, may issue that permit
entitling the applicant, while carrying the permit, to drive a motor vehicle
other than a motor vehicle requiring an indorsement under section 312a or a
vehicle group designation under section 312e on the highways for a period of
180 days when accompanied by a licensed adult operator or chauffeur who is actually
occupying a seat beside the driver. A temporary instruction permit issued under
this subsection that expires on or after March 1, 2020 is valid until September
30, 2020.
(2) The secretary of state may issue an original operator's
license and designate level 1, 2, or 3 graduated licensing provisions to a
person who is less than 18 years of age, has been licensed in another state or
country, and has satisfied the applicable requirements of section 310e. An
original operator's license with a designated level 1, 2, or 3 graduated
licensing provision issued under this subsection that expires on or before after
March 1, 2020 is valid until September 30, 2020.
(3) A student enrolled in a driver education course as
defined in section 3 of the driver education provider and instructor act, 2006
PA 384, MCL 256.623, or a motorcycle safety course approved by the department
of state may operate a motor vehicle that does not require a group designation
under section 312e without holding an operator's license or permit while under
the direct supervision of the program instructor.
(4) A student enrolled in a driver education course as
defined in section 3 of the driver education provider and instructor act, 2006
PA 384, MCL 256.623, and who has successfully completed 10 hours of classroom
instruction and the equivalent of 2 hours of behind-the-wheel training may be
issued a temporary driver
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
education certificate furnished by the department
of state that authorizes a student to drive a motor vehicle, other than a motor
vehicle requiring an indorsement under section 312a or a vehicle group
designation under section 312e, when accompanied by a licensed parent or
guardian, or when accompanied by a nonlicensed parent or guardian and a
licensed adult for the purpose of receiving additional instruction until the
end of the student's driver education course. A temporary driver education
certificate issued under this subsection that expires on or after March 1, 2020
is valid until September 30, 2020.
(5) Beginning January 1, 2015, the secretary of state, upon
receiving proper application from a person 16 or 17 years of age who is
enrolled in or has successfully completed an approved motorcycle safety course
under section 811a, or a person who is 18 years of age or older and who holds a
valid operator's or chauffeur's license, may issue a motorcycle temporary
instruction permit entitling the applicant, while carrying the permit, to operate
a motorcycle upon the public streets and highways for a period of 180 days
under the following conditions:
(a) The applicant shall operate the motorcycle under the
constant visual supervision of a licensed motorcycle operator who is at least
18 years of age.
(b) The applicant shall not operate the motorcycle at night.
(c) The applicant shall not operate the motorcycle with a
passenger.
(d) The applicant shall not be eligible for more than 2
motorcycle temporary instruction permits in a 10-year period.
(6) A motorcycle temporary instruction permit issued under
subsection (5) that expires on or after March 1, 2020 is valid
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
until September 30, 2020.
Sec. 312f. (1)
Except as otherwise provided in this section, a person shall be not less than
18 years of age before he or she is issued a vehicle group designation or
indorsement, other than a motorcycle indorsement, or not less than 21 years of
age and has been approved by the Transportation Security Administration for a
hazardous material endorsement before he or she is issued a hazardous material
indorsement on an operator's or chauffeur's license and, as provided in this
section, the person shall pass knowledge and driving skills tests that comply
with minimum federal standards prescribed in 49 CFR part 383. The knowledge and
skills test scores must be retained by the secretary of state as provided under
49 CFR 383.135. A person who is 18 years of age or older operating a vehicle to
be used for farming purposes only may obtain an A or B vehicle group
designation or an F vehicle indorsement. Each written examination given an
applicant for a vehicle group designation or indorsement must include subjects
designed to cover the type or general class of vehicle to be operated. Except
as follows, a person shall pass an examination that includes a driving skills
test designed to test competency of the applicant for an original vehicle group
designation and passenger indorsement on an operator's or chauffeur's license
to drive that type or general class of vehicle upon the highways of this state
with safety to persons and property:
(a) The secretary of state shall waive the driving skills
test for a person operating a vehicle that is used under the conditions
described in section 312e(8)(a) to (d) unless the vehicle has a gross vehicle
weight rating of 26,001 pounds or more on the power unit and is to be used to
carry hazardous materials on which a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
placard is required under 49 CFR parts 100 to 199.
(b) The driving skills test may be waived if the applicant
has a valid license with the appropriate vehicle group designation, passenger
vehicle indorsement, or school bus indorsement in another state issued in
compliance with 49 USC 31301 to 31317, or if the person successfully passes a
driving skills test administered in another state that meets the requirements
of federal law and the law of this state.
(c) The secretary of state may waive the driving skills test
required under this section for a person with military commercial motor vehicle
experience if the person, at the time of application, certifies and provides
evidence satisfactory to the secretary of state that he or she continuously met
all of the requirements under 49 CFR 383 during the 2-year period immediately
preceding the date of application for the commercial driver license.
(2) Except for a person who has held an operator's or
chauffeur's license for less than 1 year, the secretary of state shall waive
the knowledge test and the driving skills test and issue a 1-year seasonal
restricted vehicle group designation to an otherwise qualified applicant to
operate a group B or a group C vehicle for a farm related service industry if
all of the following conditions are met:
(a) The applicant meets the requirements of 49 CFR 383.77.
(b) The seasons for which the seasonal restricted vehicle
group designation is issued are from April 2 to June 30 and from September 2 to
November 30 only of a 12-month period or, at the option of the applicant, for
not more than 180 days from the date of issuance in a 12-month period.
(c) The commercial motor vehicle for which the seasonal
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
restricted vehicle group designation is issued
shall be operated only if all the following conditions are met:
(i) The commercial motor
vehicle is operated only on routes within 150 miles from the place of business
to the farm or farms being served.
(ii) The commercial motor vehicle does not transport a quantity
of hazardous materials on which a placard under 49 CFR parts 100 to 199 is
required except for the following:
(A) Diesel motor fuel in
quantities of 1,000 gallons or less.
(B) Liquid fertilizers
in quantities of 3,000 gallons or less.
(C) Solid fertilizers
that are not transported with any organic substance.
(iii) The commercial motor vehicle does not require the H, N, P,
S, T, or X vehicle indorsement.
(3) A seasonal
restricted vehicle group designation under this section shall be issued,
suspended, revoked, canceled, denied, or renewed in accordance with this act.
The secretary of state may renew a seasonal restricted vehicle group
designation 1 time per calendar year regardless of whether the seasonal
restricted vehicle group designation is expired at the time of renewal.
(4) 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, section
312e, or 49 CFR part 383. 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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
(5) The secretary of
state shall not issue a commercial learner's permit, a vehicle group
designation, or a vehicle indorsement to an applicant for an original vehicle
group designation or vehicle indorsement under section 312e or may cancel a
commercial learner's permit or all vehicle group designations or endorsements
on a person's operator's or chauffeur's license to whom 1 or more of the
following apply:
(a) The applicant has
had his or her license suspended or revoked for a reason other than as provided
in section 321a, 515, 732a, or 801c or section 30 of the support and parenting
time enforcement act, 1982 PA 295, MCL 552.630, in the 36 months immediately
preceding application. However, a vehicle group designation may be issued if
the suspension or revocation was due to a temporary medical condition or
failure to appear at a reexamination as provided in section 320.
(b) The applicant was
convicted of or incurred a bond forfeiture in relation to a 6-point violation
as provided in section 320a in the 24 months immediately preceding application
if the violation occurred while the applicant was operating a commercial motor
vehicle, or a violation of section 625(3) or former section 625b, or a local
ordinance substantially corresponding to section 625(3) or former section 625b
in the 24 months immediately preceding application, if the applicant was
operating any type of motor vehicle.
(c) The applicant is
listed on the national driver register, the commercial driver's license
information system, or the driving records of the state in which the applicant
was previously licensed as being disqualified from operating a commercial motor
vehicle or as having a license or driving privilege suspended, revoked,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
canceled, or denied.
(d) The applicant is
listed on the national driver register, the commercial driver's license
information system, or the driving records of the state in which the applicant
was previously licensed as having had a license suspended, revoked, or canceled
in the 36 months immediately preceding application if a suspension or
revocation would have been imposed under this act had the applicant been
licensed in this state in the original instance. This subdivision does not
apply to a suspension or revocation that would have been imposed due to a
temporary medical condition or under section 321a, 515, 732a, or 801c or
section 30 of the support and parenting time enforcement act, 1982 PA 295, MCL
552.630.
(e) The applicant is
subject to a suspension or revocation under section 319b or would have been
subject to a suspension or revocation under section 319b if the applicant had
been issued a vehicle group designation or vehicle indorsement.
(f) The applicant has
been disqualified from operating a commercial motor vehicle under 49 USC 31301
to 31317 or the applicant's license to operate a commercial motor vehicle has
been suspended, revoked, denied, or canceled within 36 months immediately
preceding the date of application.
(g) The United States
Secretary of Transportation has disqualified the applicant from operating a
commercial motor vehicle.
(h) The applicant fails
to satisfy the federal regulations promulgated under 49 CFR parts 383 and 391
by refusing to certify the type of commercial motor vehicle operation the
applicant intends to perform and fails to present valid medical certification
to the secretary of state if required to do so. The requirement of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
this subdivision is
waived from July 1, 2020 to September 30, December 31, 2020 pursuant to the Waiver in Response to
the COVID-19 National Emergency – For States, CDL Holders, CLP Holders, and
Interstate Drivers Operating Commercial Motor Vehicles.
(i) The applicant has
been disqualified from operating a commercial motor vehicle due to improper or
fraudulent testing.
(j) If the secretary of
state determines through a governmental investigation that there is reason to
believe that a commercial driver license or endorsement was issued as a result
of fraudulent or improper conduct in taking a knowledge test or driving skills
test required under 49 CFR 383, the secretary of state shall require the
applicant to retake and successfully pass that test. The secretary of state
shall cancel any commercial driver license or endorsement issued as a result of
the suspect test unless the applicant retakes and passes that test.
(6) The secretary of
state shall not renew or upgrade a vehicle group designation if 1 or more of
the following conditions exist:
(a) The United States
Secretary of Transportation has disqualified the applicant from operating a
commercial motor vehicle.
(b) The applicant is
listed on the national driver register or the commercial driver's license
information system as being disqualified from operating a commercial motor vehicle
or as having a driver license or driving privilege suspended, revoked,
canceled, or denied.
(c) On or after January
30, 2012, the applicant fails to meet the requirements of 49 CFR parts 383 and
391 by refusing to certify the type of commercial motor vehicle operation the
applicant
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
intends to perform and
fails to present medical certification to the secretary of state if required to
do so. The requirement of this subdivision is waived from July 1, 2020 to September 30, December 31, 2020
pursuant to the Waiver in Response to the COVID-19 National Emergency – For
States, CDL Holders, CLP Holders, and Interstate Drivers Operating Commercial
Motor Vehicles.
(7) The secretary of
state shall only consider bond forfeitures under subsection (5)(b) for
violations that occurred on or after January 1, 1990 when determining the
applicability of subsection (5).
(8) If an applicant for
an original vehicle group designation was previously licensed in another
jurisdiction, the secretary of state shall request a copy of the applicant's
driving record from that jurisdiction. If 1 or more of the conditions described
in subsection (5) exist in that jurisdiction when the secretary of state
receives the copy, the secretary of state shall cancel all vehicle group
designations on the person's operator's or chauffeur's license.
(9) The secretary of
state shall cancel all vehicle group designations on a person's operator's or
chauffeur's license upon receiving notice from the United States Secretary of
Transportation, the national driver register, the commercial driver's license
information system, or another state or jurisdiction that 1 or more of the
conditions described in subsection (5) existed at the time of the person's
application in this state.
(10) The secretary of
state shall cancel all vehicle group designations on the person's operator's or
chauffeur's license upon receiving proper notice that the person no longer
meets the federal
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
driver qualification requirements
under 49 CFR parts 383 and 391 to operate a commercial motor vehicle in
interstate or intrastate commerce, or the person no longer meets the driver
qualification requirements to operate a commercial motor vehicle in intrastate
commerce under the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to
480.25.
(11) Subsection (5)(a),
(b), (d), and (f) does not apply to an applicant for an original vehicle group
designation who at the time of application has a valid license to operate a
commercial motor vehicle issued by any state in compliance with 49 USC 31301 to
31317.
(12) As used in this
section, "farm related service industry" means custom harvesters,
farm retail outlets and suppliers, agri-chemical business, or livestock feeders.
Sec. 312k. (1) Notwithstanding any other provisions in this
act, all of the following apply:
(a) A commercial driver
license that expires on or after March 1, 2020 is valid until September 30,
2020.
(b) Medical
certification for operator's or chauffeur's license holders with a group
designation required under 49 CFR 391.45 that expires on or after March 1, 2020
are valid until September 30, 2020. This subdivision does not apply to either
of the following:
(i) A medical certification for operator's or chauffeur's
license holders with a group designation required under 49 CFR 391.45 that was
not valid before March 1, 2020.
(ii) An individual issued a medical certification for operator's
or chauffeur's license holders with a group designation required under 49 CFR 391.45
who, since his or her last medical
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
certificate was issued,
has been diagnosed with a medical condition that would disqualify the
individual from operating in interstate commerce, or who, since his or her last
medical certificate was issued, has developed a condition that requires an
exemption or Skill Performance Evaluation from the Federal Motor Carrier Safety
Administration.
(c) Hazardous material
endorsements that expire on or after March 1, 2020 are valid for an additional 180 days from the original expiration
date. until October 29, 2020. A security
threat assessment required under 49 CFR 1572.13(a) that is valid on or after
March 1, 2020 is valid until the extension is
exhausted. October 29, 2020. An individual
with a hazardous material endorsement that is extended for 180 days under this
subdivision must initiate a security threat assessment with the National
Highway Traffic Safety Administration at least 60 days before the expiration of
the hazardous material endorsement.
(2) This section does
not affect the secretary of state's authority to revoke or suspend an
operator's or chauffeur's license or a group designation or indorsement under
this act.
Sec. 801. (1) The secretary of state shall collect the
following taxes at the time of registering a vehicle, which exempts the vehicle
from all other state and local taxation, except the fees and taxes provided by
law to be paid by certain carriers operating motor vehicles and trailers under
the motor carrier act, 1933 PA 254, MCL 475.1 to 479.42; the taxes imposed by
the motor carrier fuel tax act, 1980 PA 119, MCL 207.211 to 207.234; and except
as otherwise provided by this act:
(a) For a motor vehicle,
including a motor home, except as otherwise provided, and a pickup truck or van
that weighs not more
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
than 8,000 pounds,
except as otherwise provided, according to the following schedule of empty
weights:
|
Empty weights |
Tax |
|
0 to 3,000
pounds...................... |
$29.00 |
|
3,001 to 3,500 pounds.................. |
32.00 |
|
3,501 to 4,000
pounds.................. |
37.00 |
|
4,001 to 4,500
pounds.................. |
43.00 |
|
4,501 to 5,000
pounds.................. |
47.00 |
|
5,001 to 5,500
pounds.................. |
52.00 |
|
5,501 to 6,000
pounds.................. |
57.00 |
|
6,001 to 6,500
pounds.................. |
62.00 |
|
6,501 to 7,000
pounds.................. |
67.00 |
|
7,001 to 7,500
pounds.................. |
71.00 |
|
7,501 to 8,000
pounds.................. |
77.00 |
|
8,001 to 8,500 pounds.................. |
81.00 |
|
8,501 to 9,000
pounds.................. |
86.00 |
|
9,001 to 9,500
pounds.................. |
91.00 |
|
9,501 to 10,000
pounds................. |
95.00 |
|
over 10,000
pounds..................... |
$ 0.90 per 100 pounds |
|
|
of empty weight |
On October 1, 1983 and
October 1, 1984, the tax assessed under this subdivision must be annually
revised for the registrations expiring on the appropriate October 1 or after
that date by multiplying the tax assessed in the preceding fiscal year times
the personal income of Michigan for the preceding calendar year divided by the
personal income of Michigan for the calendar year that preceded that calendar
year. In performing the calculations under this subdivision, the secretary of
state shall use the spring preliminary report of the United States Department
of Commerce or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
its successor agency. A
passenger motor vehicle that has been modified with a permanently installed
wheelchair lift mechanism or with permanently installed hand controls and that
is owned by an individual who uses a wheelchair or by an individual who
transports a member of his or her household who uses a wheelchair and for which
registration plates are issued under section 803d must be assessed at the rate
of 50% of the tax provided for in this subdivision. As used in this
subdivision, "permanently installed hand controls" means a
permanently installed device designed to replace the brake and gas pedals of a
motor vehicle with hand controls.
(b) For a trailer coach
attached to a motor vehicle, the tax must be assessed as provided in
subdivision (l). A trailer coach not
under 1959 PA 243, MCL 125.1035 to 125.1043, and while located on land otherwise
assessable as real property under the general property tax act, 1893 PA 206,
MCL 211.1 to 211.155, if the trailer coach is used as a place of habitation,
and whether or not permanently affixed to the soil, is not exempt from real
property taxes.
(c) For a road tractor,
modified agricultural vehicle, truck, or truck tractor owned by a farmer and
used exclusively in connection with a farming operation, including a farmer
hauling livestock or farm equipment for other farmers for remuneration in kind
or in labor, but not for money, or used for the transportation of the farmer
and the farmer's family, and not used for hire, 74 cents per 100 pounds of
empty weight of the road tractor, truck, or truck tractor. If the road tractor,
modified agricultural vehicle, truck, or truck tractor owned by a farmer is
also used for a nonfarming operation, the farmer is subject to the highest
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
registration tax
applicable to the nonfarm use of the vehicle but is not subject to more than 1
tax rate under this act.
(d) For a road tractor,
truck, or truck tractor owned by a wood harvester and used exclusively in
connection with the wood harvesting operations or a truck used exclusively to
haul milk from the farm to the first point of delivery, 74 cents per 100 pounds
of empty weight of the road tractor, truck, or truck tractor. A registration
secured by payment of the tax prescribed in this subdivision continues in full
force and effect until the regular expiration date of the registration. As used
in this subdivision:
(i) "Wood harvester" includes the person or persons
hauling and transporting raw materials in the form produced at the harvest site
or hauling and transporting wood harvesting equipment. Wood harvester does not
include a person or persons whose primary activity is tree-trimming or
landscaping.
(ii) "Wood harvesting equipment" includes all of the
following:
(A) A vehicle that
directly harvests logs or timber, including, but not limited to, a processor or
a feller buncher.
(B) A vehicle that
directly processes harvested logs or timber, including, but not limited to, a
slasher, delimber, processor, chipper, or saw table.
(C) A vehicle that
directly processes harvested logs or timber, including, but not limited to, a
forwarder, grapple skidder, or cable skidder.
(D) A vehicle that
directly loads harvested logs or timber, including, but not limited to, a
knuckle-boom loader, front-end loader, or forklift.
(E) A bulldozer or road grader
being transported to a wood harvesting site specifically for the purpose of
building or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
maintaining harvest site
roads.
(iii) "Wood harvesting operations" does not include the
transportation of processed lumber, Christmas trees, or processed firewood for
a profit-making venture.
(e) For a hearse or
ambulance used exclusively by a licensed funeral director in the general
conduct of the licensee's funeral business, including a hearse or ambulance
whose owner is engaged in the business of leasing or renting the hearse or
ambulance to others, $1.17 per 100 pounds of the empty weight of the hearse or
ambulance.
(f) For a vehicle owned
and operated by this state, a state institution, a municipality, a privately
incorporated, nonprofit volunteer fire department, or a nonpublic, nonprofit
college or university, $5.00 per plate. A registration plate issued under this
subdivision expires on June 30 of the year in which new registration plates are
reissued for all vehicles by the secretary of state.
(g) For a bus including
a station wagon, carryall, or similarly constructed vehicle owned and operated
by a nonprofit parents' transportation corporation used for school purposes,
parochial school or society, church Sunday school, or any other grammar school,
or by a nonprofit youth organization or nonprofit rehabilitation facility; or a
motor vehicle owned and operated by a senior citizen center, $10.00, if the
bus, station wagon, carryall, or similarly constructed vehicle or motor vehicle
is designated by proper signs showing the organization operating the vehicle.
(h) For a vehicle owned
by a nonprofit organization and used to transport equipment for providing
dialysis treatment to children at camp; for a vehicle owned by the Civil Air
Patrol, as organized
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
under 36 USC 40301 to
40307, $10.00 per plate, if the vehicle is designated by a proper sign showing
the Civil Air Patrol's name; for a vehicle owned and operated by a nonprofit
veterans center; for a vehicle owned and operated by a nonprofit recycling
center or a federally recognized nonprofit conservation organization; for a
motor vehicle having a truck chassis and a locomotive or ship's body that is
owned by a nonprofit veterans organization and used exclusively in parades and
civic events; or for an emergency support vehicle used exclusively for
emergencies and owned and operated by a federally recognized nonprofit
charitable organization; or for a vehicle owned and operated by a nonprofit
food pantry or nonprofit food bank, $10.00 per plate.
(i) For each truck owned
and operated free of charge by a bona fide ecclesiastical or charitable corporation,
or Red Cross, Girl Scout, or Boy Scout organization, 65 cents per 100 pounds of
the empty weight of the truck.
(j) For each truck,
weighing 8,000 pounds or less, and not used to tow a vehicle, for each
privately owned truck used to tow a trailer for recreational purposes only and
not involved in a profit-making venture, and for each vehicle designed and used
to tow a mobile home or a trailer coach, except as provided in subdivision (b),
$38.00 or an amount computed according to the following schedule of empty
weights, whichever is greater:
|
Empty weights |
Per 100 pounds |
|
0 to 2,500
pounds...................... |
$1.40 |
|
2,501 to 4,000
pounds.................. |
1.76 |
|
4,001 to 6,000
pounds.................. |
2.20 |
|
6,001 to 8,000 pounds.................. |
2.72 |
|
8,001 to 10,000
pounds................. |
3.25 |
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
|
10,001 to 15,000
pounds................ |
3.77 |
|
15,001 pounds and over................. |
4.39 |
If the tax required
under subdivision (p) for a vehicle of the same model year with the same list
price as the vehicle for which registration is sought under this subdivision is
more than the tax provided under the preceding provisions of this subdivision
for an identical vehicle, the tax required under this subdivision is not less
than the tax required under subdivision (p) for a vehicle of the same model
year with the same list price.
(k) For each truck
weighing 8,000 pounds or less towing a trailer or any other combination of
vehicles and for each truck weighing 8,001 pounds or more, road tractor or
truck tractor, except as provided in subdivision (j), as follows:
(i) Until December 31, 2016, according to the following
schedule of elected gross weights:
|
Elected gross weight |
Tax |
|
0 to 24,000
pounds..................... |
$491.00 |
|
24,001 to 26,000
pounds................ |
558.00 |
|
26,001 to 28,000
pounds................ |
558.00 |
|
28,001 to 32,000
pounds................ |
649.00 |
|
32,001 to 36,000
pounds................ |
744.00 |
|
36,001 to 42,000
pounds................ |
874.00 |
|
42,001 to 48,000
pounds................ |
1,005.00 |
|
48,001 to 54,000
pounds................ |
1,135.00 |
|
54,001 to 60,000
pounds................ |
1,268.00 |
|
60,001 to 66,000
pounds................ |
1,398.00 |
|
66,001 to 72,000
pounds................ |
1,529.00 |
|
72,001 to 80,000
pounds................ |
1,660.00 |
|
80,001 to 90,000
pounds................ |
1,793.00 |
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
|
90,001 to 100,000
pounds............... |
2,002.00 |
|
100,001 to 115,000
pounds.............. |
2,223.00 |
|
115,001 to 130,000
pounds.............. |
2,448.00 |
|
130,001 to 145,000
pounds.............. |
2,670.00 |
|
145,001 to 160,000 pounds.............. |
2,894.00 |
|
over 160,000
pounds.................... |
3,117.00 |
(ii) Beginning on January 1, 2017, according to the following
schedule of elected gross weights:
|
Elected gross weight |
Tax |
|
0 to 24,000 pounds.......................... |
$590.00 |
|
24,001 to 26,000
pounds..................... |
670.00 |
|
26,001 to 28,000
pounds..................... |
670.00 |
|
28,001 to 32,000
pounds..................... |
779.00 |
|
32,001 to 36,000
pounds..................... |
893.00 |
|
36,001 to 42,000
pounds..................... |
1,049.00 |
|
42,001 to 48,000
pounds..................... |
1,206.00 |
|
48,001 to 54,000
pounds..................... |
1,362.00 |
|
54,001 to 60,000
pounds..................... |
1,522.00 |
|
60,001 to 66,000 pounds..................... |
1,678.00 |
|
66,001 to 72,000
pounds..................... |
1,835.00 |
|
72,001 to 80,000
pounds..................... |
1,992.00 |
|
80,001 to 90,000
pounds..................... |
2,152.00 |
|
90,001 to 100,000 pounds.................... |
2,403.00 |
|
100,001 to 115,000
pounds................... |
2,668.00 |
|
115,001 to 130,000
pounds................... |
2,938.00 |
|
130,001 to 145,000
pounds................... |
3,204.00 |
|
145,001 to 160,000
pounds................... |
3,473.00 |
|
over 160,000
pounds......................... |
3,741.00 |
For each commercial
vehicle registered under this subdivision
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
or section 801g, $15.00
must be deposited in a truck safety fund to be expended as provided in section
25 of 1951 PA 51, MCL 247.675.
If a truck tractor or
road tractor without trailer is leased from an individual owner-operator, the
lessee, whether an individual, firm, or corporation, shall pay to the owner-operator
60% of the tax prescribed in this subdivision for the truck tractor or road
tractor at the rate of 1/12 for each month of the lease or arrangement in
addition to the compensation the owner-operator is entitled to for the rental
of his or her equipment.
(l) For each pole trailer, semitrailer, trailer coach, or
trailer, the tax must be assessed according to the following schedule of empty
weights:
|
Empty weights |
Tax |
|
0 to 2,499
pounds........................... |
$75.00 |
|
2,500 to 9,999
pounds....................... |
200.00 |
|
10,000 pounds and
over...................... |
300.00 |
The registration plate
issued under this subdivision expires only when the secretary of state reissues
a new registration plate for all trailers. Beginning October 1, 2005, if the
secretary of state reissues a new registration plate for all trailers, a person
who has once paid the tax as increased by 2003 PA 152 for a vehicle under this
subdivision is not required to pay the tax for that vehicle a second time, but
is required to pay only the cost of the reissued plate at the rate provided in
section 804(2) for a standard plate. A registration plate issued under this
subdivision is nontransferable.
(m) For each commercial
vehicle used for the transportation of passengers for hire except for a vehicle
for which a payment is made under 1960 PA 2, MCL 257.971 to 257.972, according
to the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
following schedule of
empty weights:
|
Empty weights |
Per 100 pounds |
|
0 to 4,000
pounds.......................... |
$1.76 |
|
4,001 to 6,000
pounds...................... |
2.20 |
|
6,001 to 10,000
pounds..................... |
2.72 |
|
10,001 pounds and
over..................... |
3.25 |
(n) For each motorcycle,
as follows:
|
(i) Until February 18,
2019................ |
$23.00 |
|
(ii) Beginning February
19, 2019........... |
$25.00 |
On October 1, 1983, and
October 1, 1984, the tax assessed under this subdivision must be annually
revised for the registrations expiring on the appropriate October 1 or after
that date by multiplying the tax assessed in the preceding fiscal year times
the personal income of Michigan for the preceding calendar year divided by the
personal income of Michigan for the calendar year that preceded that calendar
year. In performing the calculations under this subdivision, the secretary of
state shall use the spring preliminary report of the United States Department
of Commerce or its successor agency.
Beginning January 1,
1984, the registration tax for each motorcycle is increased by $3.00. The $3.00
increase is not part of the tax assessed under this subdivision for the purpose
of the annual October 1 revisions but is in addition to the tax assessed as a
result of the annual October 1 revisions. Beginning January 1, 1984 and ending
February 18, 2019, $3.00 of each motorcycle fee must be placed in a motorcycle
safety fund in the state treasury and must be used only for funding the
motorcycle safety education program as provided for under sections 312b and 811a.
Beginning February 19, 2019, $5.00 of each motorcycle fee must be placed in
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
the motorcycle safety
fund and must be used only for funding the motorcycle safety education program
as provided for under sections 312b and 811a.
(o) For each truck
weighing 8,001 pounds or more, road tractor, or truck tractor used exclusively
as a moving van or part of a moving van in transporting household furniture and
household effects or the equipment or those engaged in conducting carnivals, at
the rate of 80% of the schedule of elected gross weights in subdivision (k) as
modified by the operation of that subdivision.
(p) After September 30,
1983, each motor vehicle of the 1984 or a subsequent model year as shown on the
application required under section 217 that has not been previously subject to
the tax rates of this section and that is of the motor vehicle category
otherwise subject to the tax schedule described in subdivision (a), and each
low-speed vehicle according to the following schedule based upon registration
periods of 12 months:
(i) Except as otherwise provided in this subdivision, according
to the following schedule based on the vehicle's list price:
(A) Until December 31,
2016, as follows:
|
List Price |
Tax |
|
$ 0 - $
6,000.00........................... |
$30.00 |
|
More than $ 6,000.00 -
$ 7,000.00.......... |
$33.00 |
|
More than $ 7,000.00 -
$ 8,000.00.......... |
$38.00 |
|
More than $ 8,000.00 -
$ 9,000.00.......... |
$43.00 |
|
More than $ 9,000.00 -
$ 10,000.00......... |
$48.00 |
|
More than $ 10,000.00
- $ 11,000.00........ |
$53.00 |
|
More than $ 11,000.00
- $ 12,000.00........ |
$58.00 |
|
More than $ 12,000.00
- $ 13,000.00........ |
$63.00 |
|
More than $ 13,000.00
- $ 14,000.00........ |
$68.00 |
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
|
More than $ 14,000.00
- $ 15,000.00........ |
$73.00 |
|
More than $ 15,000.00
- $ 16,000.00........ |
$78.00 |
|
More than $ 16,000.00
- $ 17,000.00........ |
$83.00 |
|
More than $ 17,000.00
- $ 18,000.00........ |
$88.00 |
|
More than $ 18,000.00
- $ 19,000.00........ |
$93.00 |
|
More than $ 19,000.00
- $ 20,000.00........ |
$98.00 |
|
More than $ 20,000.00
- $ 21,000.00........ |
$103.00 |
|
More than $ 21,000.00
- $ 22,000.00........ |
$108.00 |
|
More than $ 22,000.00
- $ 23,000.00........ |
$113.00 |
|
More than $ 23,000.00
- $ 24,000.00........ |
$118.00 |
|
More than $ 24,000.00
- $ 25,000.00........ |
$123.00 |
|
More than $ 25,000.00
- $ 26,000.00........ |
$128.00 |
|
More than $ 26,000.00
- $ 27,000.00........ |
$133.00 |
|
More than $ 27,000.00
- $ 28,000.00........ |
$138.00 |
|
More than $ 28,000.00
- $ 29,000.00........ |
$143.00 |
|
More than $ 29,000.00
- $ 30,000.00........ |
$148.00 |
More than $30,000.00,
the tax of $148.00 is increased by $5.00 for each $1,000.00 increment or
fraction of a $1,000.00 increment over $30,000.00. If a current tax increases
or decreases as a result of 1998 PA 384, only a vehicle purchased or
transferred after January 1, 1999 must be assessed the increased or decreased
tax.
(B) Beginning on January
1, 2017, as follows:
|
List Price |
Tax |
|
$ 0 - $
6,000.00........................... |
$36.00 |
|
More than $ 6,000.00 -
$ 7,000.00.......... |
$40.00 |
|
More than $ 7,000.00 -
$ 8,000.00.......... |
$46.00 |
|
More than $ 8,000.00 -
$ 9,000.00.......... |
$52.00 |
|
More than $ 9,000.00 -
$ 10,000.00......... |
$58.00 |
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
|
More than $ 10,000.00
- $ 11,000.00........ |
$64.00 |
|
More than $ 11,000.00
- $ 12,000.00........ |
$70.00 |
|
More than $ 12,000.00
- $ 13,000.00........ |
$76.00 |
|
More than $ 13,000.00
- $ 14,000.00........ |
$82.00 |
|
More than $ 14,000.00
- $ 15,000.00........ |
$88.00 |
|
More than $ 15,000.00
- $ 16,000.00........ |
$94.00 |
|
More than $ 16,000.00
- $ 17,000.00........ |
$100.00 |
|
More than $ 17,000.00
- $ 18,000.00........ |
$106.00 |
|
More than $ 18,000.00
- $ 19,000.00........ |
$112.00 |
|
More than $ 19,000.00
- $ 20,000.00........ |
$118.00 |
|
More than $ 20,000.00
- $ 21,000.00........ |
$124.00 |
|
More than $ 21,000.00
- $ 22,000.00........ |
$130.00 |
|
More than $ 22,000.00
- $ 23,000.00........ |
$136.00 |
|
More than $ 23,000.00
- $ 24,000.00........ |
$142.00 |
|
More than $ 24,000.00
- $ 25,000.00........ |
$148.00 |
|
More than $ 25,000.00
- $ 26,000.00........ |
$154.00 |
|
More than $ 26,000.00
- $ 27,000.00........ |
$160.00 |
|
More than $ 27,000.00
- $ 28,000.00........ |
$166.00 |
|
More than $ 28,000.00
- $ 29,000.00........ |
$172.00 |
|
More than $ 29,000.00
- $ 30,000.00........ |
$178.00 |
More than $30,000.00,
the tax of $178.00 is increased by $6.00 for each $1,000.00 increment or
fraction of a $1,000.00 increment over $30,000.00. If a current tax increases
or decreases as a result of 1998 PA 384, only a vehicle purchased or
transferred after January 1, 1999 must be assessed the increased or decreased
tax.
(ii) For the second registration, 90% of the tax assessed under
subparagraph (i).
(iii) For the third registration, 90% of the tax assessed under
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
subparagraph (ii).
(iv) For the fourth and subsequent registrations, 90% of the tax
assessed under subparagraph (iii).
For a vehicle of the
1984 or a subsequent model year that has been previously registered by a person
other than the person applying for registration or for a vehicle of the 1984 or
a subsequent model year that has been previously registered in another state or
country and is registered for the first time in this state, the tax under this
subdivision is determined by subtracting the model year of the vehicle from the
calendar year for which the registration is sought. If the result is zero or a
negative figure, the first registration tax must be paid. If the result is 1,
2, or 3 or more, then, respectively, the second, third, or subsequent
registration tax must be paid. A passenger motor vehicle that has been modified
with a permanently installed wheelchair lift mechanism or with permanently
installed hand controls and that is owned by an individual who uses a
wheelchair or by an individual who transports a member of his or her household
who uses a wheelchair and for which registration plates are issued under
section 803d must be assessed at the rate of 50% of the tax provided for in
this subdivision. As used in this subdivision, "permanently installed hand
controls" means a permanently installed device designed to replace the
brake and gas pedals of a motor vehicle with hand controls.
(q) For a wrecker,
$200.00.
(r) When the secretary
of state computes a tax under this act, a computation that does not result in a
whole dollar figure must be rounded to the next lower whole dollar when the
computation results in a figure ending in 50 cents or less and must be rounded
to the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
next higher whole dollar
if the computation results in a figure ending in 51 cents or more, unless
specific taxes are specified, and the secretary of state may accept the manufacturer's
shipping weight of the vehicle fully equipped for the use for which the
registration application is made. If the weight is not correctly stated or is
not satisfactory, the secretary of state shall determine the actual weight.
Each application for registration of a vehicle under subdivisions (j) and (m)
must have attached to the application a scale weight receipt of the vehicle
fully equipped as of the time the application is made. The scale weight receipt
is not necessary if there is presented with the application a registration
receipt of the previous year that shows on its face the weight of the motor
vehicle as registered with the secretary of state and that is accompanied by a
statement of the applicant that there has not been a structural change in the
motor vehicle that has increased the weight and that the previous registered
weight is the true weight.
(2) A manufacturer is
not exempted under this act from paying ad valorem taxes on vehicles in stock
or bond, except on the specified number of motor vehicles registered. A dealer
is exempt from paying ad valorem taxes on vehicles in stock or bond.
(3) Until October 1,
2023, the tax for a vehicle with an empty weight over 10,000 pounds imposed
under subsection (1)(a) and the taxes imposed under subsection (1)(c), (d),
(e), (f), (i), (j), (m), (o), and (p) are each increased as follows:
(a) A regulatory fee of
$2.25 that must be credited to the traffic law enforcement and safety fund
created in section 819a and used to regulate highway safety.
(b) A fee of $5.75 that
must be credited to the transportation
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
administration
collection fund created in section 810b.
(4) Except as otherwise
provided in this subsection, if a tax required to be paid under this section is
not received by the secretary of state on or before the expiration date of the
registration plate, the secretary of state shall collect a late fee of $10.00
for each registration renewed after the expiration date. An application for a
renewal of a registration using the regular mail and postmarked before the
expiration date of that registration must not be assessed a late fee. The secretary of state shall not assess a late renewal fee for
a registration that expires on or after March 1, 2020 and is renewed before
December 31, 2020. The late fee collected under this subsection must be
deposited into the general fund. The secretary of state shall waive the late
fee collected under this subsection if all of the following are satisfied:
(a) The registrant
presents proof of storage insurance for the vehicle for which the late fee is
assessed that is valid for the period of time between the expiration date of
the most recent registration and the date of application for the renewal.
(b) The registrant
requests in person at a department of state branch office that the late fee be
waived at the time of application for the renewal.
(5) In addition to the
registration taxes under this section, the secretary of state shall collect
taxes charged under section 801j and credit revenues to a regional transit
authority created under the regional transit authority act, 2012 PA 387, MCL
124.541 to 124.558, minus necessary collection expenses as provided in section
9 of article IX of the state constitution of 1963. Necessary collection
expenses incurred by the secretary of state
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
under this subsection
must be based upon an established cost allocation methodology.
(6) This section does
not apply to a historic vehicle.
(7) Beginning January 1,
2017, the registration fee imposed under this section for a vehicle using 4 or
more tires is increased as follows:
(a) If the vehicle is a
plug-in hybrid electric vehicle, the registration fee for that vehicle is
increased by $30.00 for a vehicle with an empty weight of 8,000 pounds or less,
and $100.00 for a vehicle with an empty weight of more than 8,000 pounds. As
used in this subdivision and subsection (8)(a), "plug-in hybrid electric
vehicle" means a vehicle that can use batteries to power an electric motor
and use another fuel, such as gasoline or diesel, to power an internal combustion
engine or other propulsion source, and that may use electricity from the grid
to run the vehicle some or all of the time.
(b) If the vehicle is an
electric vehicle, the registration fee for that vehicle is increased by $100.00
for a vehicle with an empty weight of 8,000 pounds or less, and $200.00 for a
vehicle with an empty weight of more than 8,000 pounds. As used in this
subdivision and subsection (8)(b), "electric vehicle" means a vehicle
that is propelled solely by electrical energy and that is not capable of using
gasoline, diesel fuel, or alternative fuel to propel the vehicle.
(8) Beginning January 1,
2017, if the tax on gasoline imposed under section 8 of the motor fuel tax act,
2000 PA 403, MCL 207.1008, is increased above 19 cents per gallon, the secretary
of state shall increase the fees collected under subsection (7) as follows:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
(a) For a plug-in hybrid
electric vehicle, $2.50 per each 1 cent above 19 cents per gallon.
(b) For an electric
vehicle, $5.00 per each 1 cent above 19 cents per gallon.
(9) As used in this
section:
(a) "Alternative
fuel" means that term as defined in section 151 of the motor fuel tax act,
2000 PA 403, MCL 207.1151.
(b) "Diesel
fuel" means that term as defined in section 2 of the motor fuel tax act,
2000 PA 403, MCL 207.1002.
(c) "Gasoline"
means that term as defined in section 3 of the motor fuel tax act, 2000 PA 403,
MCL 207.1003.
(d) "Gross
proceeds" means that term as defined in section 1 of the general sales tax
act, 1933 PA 167, MCL 205.51, and includes the value of the motor vehicle used
as part payment of the purchase price as that value is agreed to by the parties
to the sale, as evidenced by the signed agreement executed under section 251.
(e) "List
price" means the manufacturer's suggested base list price as published by
the secretary of state, or the manufacturer's suggested retail price as shown
on the label required to be affixed to the vehicle under 15 USC 1232, if the
secretary of state has not at the time of the sale of the vehicle published a
manufacturer's suggested retail price for that vehicle, or the purchase price
of the vehicle if the manufacturer's suggested base list price is unavailable
from the sources described in this subdivision.
(f) "Purchase
price" means the gross proceeds received by the seller in consideration of
the sale of the motor vehicle being registered.
Sec. 811. (1) An application for an original operator's or an
original or renewal chauffeur's license as provided in sections 307
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
and 312 and an
application for an original minor's restricted license as provided in section
312 shall must be
accompanied by the following fees:
|
Operator's license.................................. |
$ |
25.00 |
|
Chauffeur's license................................. |
|
35.00 |
|
Minor's restricted license.......................... |
|
25.00 |
The renewal fee for an
operator's license renewed under this section is $18.00. However, if an
operator's license is expired at the time of the renewal, the fee is the same
as the original fee, except as provided in subsection
(4). subsections (4) and (5). The date of
an application for a renewal of an operator's license under this section that
is delivered to the secretary of state by regular mail is the postmark date in
determining the fee to be assessed.
(2) The secretary of
state shall deposit the money received and collected under subsection (1) 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 or examining bureau $2.50 for each applicant examined for
an original license, $1.00 for each applicant examined for an original
chauffeur's license, and $1.00 for every other applicant examined, if the
application is not denied and the money refunded is paid to the county or local
treasurer and is appropriated to the county, municipality, or officer or bureau
receiving the money for the purpose of carrying out this act. The state
treasurer shall deposit the sum of $4.00 in the traffic law enforcement and
safety fund created in section 819a for each person examined for an original
license, a renewal operator's license, an original chauffeur's license, or a
renewal chauffeur's license, except that the sum deposited for each 2-year
operator's or 2-year
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
chauffeur's license
shall be $2.00.
(3) Notwithstanding
sections 306 and 308, an operator's license shall not be issued to a person an individual under
18 years of age unless that person individual successfully passes a driver education course
and examination given by a school licensed under the
driver education and training schools act, 1974 PA 369, MCL 256.601 to 256.612.
A person driver
education provider that has been certified to provide teen driver training under
the driver education provider and instructor act, 2006 PA 384, MCL 256.621 to
256.705. An individual who has been a holder of
a motor vehicle operator's license issued by any other state, territory, or
possession of the United States, or any other sovereignty for 1 year
immediately before application for an operator's license under this act is not
required to comply with this subsection. Restricted licenses may be issued
pursuant to section 312 without compliance with this subsection. As used in this subsection, "driver
education course", "driver education provider", and "teen
driver training" mean those terms as defined in the driver education
provider and instructor act, 2006 PA 384, MCL 256.621 to 256.705.
(4) A person An individual who
is on active military service at the time his or her operator's license expires
shall be charged the renewal rate for renewing his or her operator's license
under this section if all of the following apply:
(a) He or she applies
for renewal within 30 days of returning to this state from active duty.
(b) He or she held a
valid, unexpired operator's license from this state immediately prior to
leaving this state for active military service.
(c) He or she presents
such documentation as the secretary of
1
2
3
4
state requires to
establish eligibility under this subsection.
(5) The secretary of state shall not assess a late renewal
fee or the original fee for an operator's license that expires on or after
March 1, 2020 and is renewed before December 31, 2020.
