Bill Text: MI HB4426 | 2015-2016 | 98th 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.).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-12-31 - Assigned Pa 448'16 With Immediate Effect [HB4426 Detail]
Download: Michigan-2015-HB4426-Introduced.html
HOUSE BILL No. 4426
April 14, 2015, Introduced by Rep. Kivela and referred to the Committee on Transportation and Infrastructure.
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:
7 (a) Manslaughter, negligent homicide, or a
1 felony resulting from the operation of a motor
2 vehicle, ORV, or snowmobile............................6 points
3 (b) A violation of section 601b(2) or (3),
4 601c(1) or (2), or 653a(3) or (4) or, beginning
5 October 31, 2010, a violation of section 601d..........6 points
6 (c) A violation of section 625(1), (4), (5),
7 (7), or (8), section 81134 or 82127(1) of the
8 natural resources and environmental protection act,
9 1994 PA 451, MCL 324.81134 and 324.82127, or a law or
10 ordinance substantially corresponding to section
11 625(1), (4), (5), (7), or (8), or section 81134
12 or 82127(1) of the natural resources and
13 environmental protection act, 1994 PA 451,
14 MCL 324.81134 and 324.82127............................6 points
15 (d) Failing to stop and disclose identity
16 at the scene of an accident when required by law.......6 points
17 (e) Operating a motor vehicle in violation
18 of section 626.........................................6 points
19 (f) Fleeing or eluding an officer.................6 points
20 (g) A violation of section 627(9) pertaining
21 to speed in a work zone described in that section
22 by exceeding the lawful maximum by more than
23 15 miles per hour......................................5 points
24
(g) (h) A
violation of any law other than the
25 law described in subdivision (g) or ordinance
26 pertaining to speed by exceeding the lawful
27 maximum by more than 15 miles per hour.................4 points
28
(h) (i) A
violation of section 625(3) or (6),
29 section 81135 or 82127(3) of the natural
1 resources and environmental protection act,
2 1994 PA 451, MCL 324.81135 and 324.82127,
3 or a law or ordinance substantially corresponding
4 to section 625(3) or (6) or section 81135
5 or 82127(3) of the natural resources and
6 environmental protection act, 1994 PA 451,
7 MCL 324.81135 and 324.82127............................4 points
8
(i) (j) A
violation of section 626a or a law
9 or ordinance substantially corresponding to
10 section 626a...........................................4 points
11
(j) (k) A
violation of section 653a(2)............4 points
12 (l) A
violation of section 627(9) pertaining
13 to speed in a work zone described in that section
14 by exceeding the lawful maximum by more than 10
15 but not more than 15 miles per hour....................4 points
16
(k) (m) Beginning
October 31, 2010, a
17 moving violation resulting in an at-fault
18 collision with another vehicle, a person,
19 or any other object....................................4 points
20
(l) (n) A violation of any
law other than the
21 law described in subdivision (l) or ordinance
22 pertaining to speed by exceeding the lawful
23 maximum by more than 10 but not more than 15
24 miles per hour or careless Careless
driving in violation
25 of section 626b or a law or ordinance substantially
26 corresponding to section 626b..........................3 points
27
(m) (o) A
violation of section 627(9) any
law
28 or ordinance pertaining to
speed in a work zone
29 described in that section by
exceeding the lawful
1 maximum
by more than 10 miles per hour or lessbut not
2 more than 15 miles per hour............................3 points
3
(n) (p) A
violation of any law other than the law
4 described in subdivision (o) or
ordinance
5 pertaining to speed by exceeding the lawful maximum
6 by more than 5 miles per hour but not more than
7 10
miles per hour or less..............................2 points
8
(o) (q) Disobeying
a traffic signal or stop sign,
9 or improper passing....................................3 points
10
(p) (r) A
violation of section 624a, 624b, or
11 a law or ordinance substantially corresponding to
12 section 624a or 624b...................................2 points
13
(q) (s) A
violation of section 310e(4) or (6) or
14 a law or ordinance substantially corresponding to
15 section 310e(4) or (6).................................2 points
16
(r) (t) All
other moving violations pertaining to
17 the operation of motor vehicles reported under
18 this section...........................................2 points
19
(s) (u) A
refusal by a person less than 21 years of
20 age to submit to a preliminary breath test required
21 by a peace officer under section 625a..................2 points
22 (2) Points shall not be entered for a violation of section
23 310e(14), 311, 602b(1), 602c, 625m, 658, 710d, 717, 719, 719a, or
24 723.
25 (3) Points shall not be entered for bond forfeitures.
26 (4) Points shall not be entered for overweight loads or for
27 defective equipment.
28 (5) If more than 1 conviction, civil infraction
1 determination, or probate court disposition results from the same
2 incident, points shall be entered only for the violation that
3 receives the highest number of points under this section.
4 (6) If a person has accumulated 9 points as provided in this
5 section, the secretary of state may call the person in for an
6 interview as to the person's driving ability and record after due
7 notice as to time and place of the interview. If the person fails
8 to appear as provided in this subsection, the secretary of state
9 shall add 3 points to the person's record.
10 (7) If a person violates a speed restriction established by
11 an executive order issued during a state of energy emergency as
12 provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of
13 state shall enter points for the violation pursuant to under
14 subsection (1).
15 (8) The secretary of state shall enter 6 points upon the
16 record of a person whose license is suspended or denied pursuant
17 to under section 625f. However, if a conviction, civil
infraction
18 determination, or probate court disposition results from the same
19 incident, additional points for that offense shall not be
20 entered.
21 (9) If a Michigan driver commits a violation in another
22 state that would be a civil infraction if committed in Michigan,
23 and a conviction results solely because of the failure of the
24 Michigan driver to appear in that state to contest the violation,
25 upon receipt of the abstract of conviction by the secretary of
26 state, the violation shall be noted on the driver's record, but
27 no points shall be assessed against his or her driver's license.
1 Sec. 606. (1) The provisions of this This chapter
shall not
2 be considered to does
not prevent a local
authorities authority
3 with respect to streets or highways under the jurisdiction of the
4 local authority and within the reasonable exercise of the police
5 power from doing any of the following:
6 (a) Regulating the standing or parking of vehicles.
7 (b) Regulating the impoundment or immobilization of vehicles
8 whose owner has failed to answer 6 or more parking violation
9 notices or citations regarding illegal parking.
10 (c) Regulating traffic by means of police officers or
11 traffic control signals.
12 (d) Regulating or prohibiting processions or assemblages on
13 the highways or streets.
14 (e) Designating particular highways as 1-way highways and
15 requiring that all vehicles on those highways be moved in 1
16 specific direction.
17 (f) Regulating the speed of vehicles in public parks.
18 (f) (g) Designating
any highway as a through highway and
19 requiring that all vehicles stop before entering or crossing the
20 through highway; designating any intersection as a stop
21 intersection and requiring all vehicles to stop at 1 or more
22 entrances to these intersections; the intersection; or
23 designating intersections at which vehicular traffic shall be
24 required any
intersection as a yield intersection and requiring
25 all vehicles to yield the right of way at 1 or more entrances to
26 these intersections.the
intersection.
27 (g) (h) Restricting
the use of highways as authorized in
1 section 726.
2 (h) (i) Regulating
the operation of bicycles and requiring
3 the registration and licensing of bicycles, including the
4 requirement of a registration fee.
5 (i) (j) Regulating
or prohibiting the turning of vehicles at
6 intersections.
7 (k) Increasing the prima facie speed limits as authorized in
8 this act.
9 (j) (l) Adopting other traffic regulations as are
10 specifically authorized by this chapter.
11 (2) All traffic regulations described in subsection (1)
12 shall be based on standard and accepted engineering practices as
13 specified in the Michigan manual on uniform traffic control
14 devices.
15 (3) (2) A
local authority shall not erect or maintain a stop
16 sign or traffic control device at a location so as to require
17 that requires the traffic on any state trunk line highway to stop
18 before entering or crossing any intersecting highway unless
19 approval in writing has been first obtained from the director of
20 the state transportation department.
21 (4) (3) An
ordinance or regulation enacted under subsection
22 (1)(a), (d), (e), (f), (g), (h), or (i) ,
or (j) shall not be
23 enforceable until signs giving notice of the local traffic
24 regulations are posted upon or at the entrance to the highway or
25 street or part of the highway or street affected, as may be most
26 appropriate, and are sufficiently legible as to be seen by an
27 ordinarily observant person. The posting of signs giving the
1 notice shall not be required for a local ordinance which that
2 does not differ from the provisions of this act regulating the
3 parking or standing of vehicles; nor to ordinances of general
4 application throughout the jurisdiction of the municipalities
5 enacting the ordinances which that prohibit, limit, or
restrict
6 all night parking or parking during the early morning hours, if
7 signs, approximately 3 feet by 4 feet, and sufficiently legible
8 as to be seen by an ordinarily observant person, giving notice of
9 these ordinances relating to all night parking or parking during
10 the early morning hours, are posted on highways at the corporate
11 limits of the municipality.
12 (5) (4) A
local authority, in providing by ordinance for the
13 impounding of any motor vehicle parked contrary to a local
14 ordinance, shall not require a bond or cash deposit by the owner
15 of the motor vehicle in excess of $500.00 in order to recover the
16 possession of the motor vehicle pending final adjudication of the
17 case.
18 Sec. 608. The state highway commissioner transportation
19
department and commissioner department of state police shall
20 adopt a manual and specifications for a uniform system of
21 traffic-control traffic
control devices consistent with the
22 provisions of this chapter for use upon highways within this
23 state. Such uniform system The manual shall correlate
with and so
24 far as possible conform to the system federal manual then current
25 as approved by the American Association of State Highway
26 Officials and such manual United
States department of
27 transportation, federal highway administration, and may be
1 revised whenever necessary to carry out the provisions of this
2 act. It is hereby declared to be the policy of the this state
of
3 Michigan to achieve,
insofar as is practicable, uniformity in the
4 design, and shape, and color scheme of traffic signs, signals,
5 and guide posts erected and maintained upon the streets and
6 highways within the this
state with other states. Definitions and
7 meanings found in the manual adopted under this section are
8 supplemental to the definitions in chapter I. However, if a
9 definition or meaning found in the manual adopted under this
10 section conflicts with a definition in chapter I, the definition
11 in chapter I prevails.
12 Sec. 609. (1) (a) The
state highway commission
13 transportation department shall place or require to be placed,
14 and maintain or require to be maintained, such traffic-control
15 devices, conforming to said manual and specifications, upon all
16 state highways traffic
control devices as it shall deem considers
17 necessary to indicate and to carry out the provisions of this
18 chapter or to regulate, warn, or guide traffic. A traffic control
19 device placed and maintained under this subsection shall conform
20 to the most current Michigan manual on uniform traffic control
21 devices.
22 (2) (b) No A
local authority shall not place
or maintain any
23 traffic-control a
traffic control device upon any a trunk
line
24 highway under the jurisdiction of the state highway commissioner
25 transportation department, except by the latter's permission, or
26 upon any a county road without the permission of the county
road
27 commission having jurisdiction thereof. over that road. With the
1 approval of the department of state highways, state
2 transportation department, the board of county road commissioners
3 of any a county, at its option, may install and maintain uniform
4 traffic-control traffic
control devices according to the
5 standards promulgated by the department of state highways and as
6 required by the commission on trunk line highways, conforming to
7 the Michigan manual on uniform traffic control devices if the
8 cost would be less than that estimated by the state highway
9 commission, billing transportation
department and bill the state
10 highway commission transportation
department for its share of the
11 cost of installation.
12 Sec. 610. (1) (a) Local
authorities and county road
13 commissions in their respective jurisdictions shall place and
14 maintain such the traffic control devices upon highways under
15 their jurisdiction as they may deem that they consider necessary
16 to indicate and to carry out the provisions of this chapter or
17 local traffic ordinances or to regulate, warn, or guide traffic.
18 All such traffic control devices hereafter erected shall
conform
19 to the state manual and specifications.Michigan manual on uniform
20 traffic control devices.
21 (2) (b) The
state highway commissioner transportation
22
department shall withhold from any township,
incorporated
23 village, city, or county
, failing that fails to comply with the
24 provisions of sections 606, 608,
609, 612, and 613, the share of
25 weight fuel and gasoline vehicle tax refunds revenue that would
26 otherwise be due the township, incorporated village, city, or
27 county under section 10 of 1951 PA 51, MCL 247.660. Notice of
1 such failure to comply, and a reasonable 1
year's time to comply
2 therewith, after
notice, shall first be given.
3 (3) (c) A
person, firm, or corporation shall not sell or
4 offer for sale to local authorities and local authorities shall
5 not purchase or manufacture any traffic control device which that
6 does not conform to the Michigan manual of on uniform
traffic
7 control devices, except by with the permission of the
director of
8 the state transportation department. of state highways.
9 Enacting section 1. This amendatory act does not take effect
10 unless all of the following bills of the 98th Legislature are
11 enacted into law:
12 (a) Senate Bill No. ____ or House Bill No. 4424 (request no.
13 00135'15).
14 (b) Senate Bill No. ____ or House Bill No. 4423 (request no.
15 00136'15).
16 (c) Senate Bill No. ____ or House Bill No. ____ (request no.
17 00137'15).
18 (d) Senate Bill No. ____ or House Bill No. 4425 (request no.
19 00139'15).
