Bill Text: MI HB5905 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Vehicles; other; definition of certain mini campers; provide for, and exclude from dealer license requirement and certificate of title and registration requirements. Amends secs. 11, 40a & 216 of 1949 PA 300 (MCL 257.11 et seq.) & adds sec. 30d.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-09-22 - Bill Electronically Reproduced 09/21/2016 [HB5905 Detail]

Download: Michigan-2015-HB5905-Introduced.html

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HOUSE BILL No. 5905

 

 

September 21, 2016, Introduced by Rep. Leutheuser and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 11, 40a, and 216 (MCL 257.11, 257.40a, and

 

257.216), section 11 as amended by 2008 PA 539, section 40a as

 

added by 1990 PA 98, and section 216 as amended by 2009 PA 32, and

 

by adding section 30d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11. (1) Except as otherwise provided in this section,

 

"dealer" means a person who is 1 or more of the following:

 

     (a) A person who in a 12-month period did 1 or more of the

 

following:

 

     (i) Engaged in the business of purchasing, selling,

 

exchanging, brokering, leasing, or dealing in vehicles of a type

 

required to be titled under this act.

 

     (ii) Engaged in the business of purchasing, selling,

 

exchanging, brokering, or dealing in salvageable parts of 5 or more

 

vehicles.

 

     (iii) Engaged in the business of buying 5 or more vehicles to

 

sell vehicle parts or process into scrap metal.

 

     (b) A person engaged in the actual remanufacturing of engines

 

or transmissions.

 

     (2) There is a rebuttable presumption that a person who in a

 

12-month period buys and sells, exchanges, brokers, leases, or

 

deals in 5 or more vehicles, or buys and sells, exchanges, brokers,

 

or deals in salvageable parts for 5 or more vehicles, or buys 5 or

 

more vehicles to sell vehicle parts or to process into scrap metal

 

is engaged in a business of being a dealer as described in

 

subsection (1).

 

     (3) Dealer does not include any of the following:

 

     (a) A financial institution, as defined in section 10 of 1909

 

PA 99, MCL 129.40, or an entity wholly owned by 1 or more financial

 

institutions.

 

     (b) A bank holding company.

 

     (c) A person who buys or sells remanufactured vehicle engine

 

and transmission salvageable vehicle parts or who receives in

 

exchange used engines or transmissions if the primary business of

 

the person is the selling of new vehicle parts and the person is

 

not engaged in any other activity that requires a dealer license

 

under this act.

     (d) For purposes of dealer licensing, a person who negotiates

 

the lease of a vehicle of a type required to be titled under this

 

act for a lease term of less than 120 days.

 

     (e) A person whose business is the financing of the purchase,

 

sale, or lease of vehicles of a type required to be titled under

 

this act and that is not otherwise engaged in activities of a

 

dealer as described in subsection (1).

 

     (f) An employee or agent of a dealer acting in the scope of

 

his or her employment or agency.

 

     (g) An insurer, as defined in section 106 of the insurance

 

code of 1956, 1956 PA 218, MCL 500.106.

 

     (h) A person engaged in leasing vehicles solely for commercial

 

or other nonhousehold use.

 

     (i) A lessor selling 1 or more off lease vehicles.

 

     (j) A person who has received a vehicle under section

 

252g(3)(a) for the purpose of selling that vehicle to a dealer

 

licensed under this act.

 

     (k) A person who is in the business of exclusively selling

 

mini campers.

 

     Sec. 30d. "Mini camper" means a pickup camper that weighs

 

1,000 pounds or less.

 

     Sec. 40a. "Pickup camper" means a nonself-propelled

 

recreational vehicle, without wheels for road use, that is designed

 

to rest all of its weight upon, and be attached to, a motor

 

vehicle, and is primarily intended for use as temporary living

 

quarters in connection with recreational, camping, or travel

 

purposes. A pickup camper does not include truck covers or caps

consisting of walls and a roof but that do not have floors and

 

facilities for using the camper as a dwelling. Pickup camper does

 

not include a mini camper.

 

     Sec. 216. Every motor vehicle, recreational vehicle, trailer,

 

semitrailer, and pole trailer, when driven or moved on a street or

 

highway, is subject to the registration and certificate of title

 

provisions of this act except the following:

 

     (a) A vehicle driven or moved on a street or highway in

 

conformance with the provisions of this act relating to

 

manufacturers, transporters, dealers, or nonresidents.

 

     (b) A vehicle that is driven or moved on a street or highway

 

only for the purpose of crossing that street or highway from 1

 

property to another.

 

     (c) An implement of husbandry.

 

     (d) Special mobile equipment. The secretary of state may issue

 

a special registration to an individual, partnership, corporation,

 

or association not licensed as a dealer that pays the required fee,

 

to identify special mobile equipment that is driven or moved on a

 

street or highway.

 

     (e) A vehicle that is propelled exclusively by electric power

 

obtained from overhead trolley wires though not operated on rails.

 

     (f) Any vehicle subject to registration, but owned by the

 

government of the United States.

 

     (g) A certificate of title is not required for a trailer,

 

semitrailer, or pole trailer that weighs less than 2,500 pounds.

 

     (h) A vehicle driven or moved on a street or highway, by the

 

most direct route, only for the purpose of securing a scale weight

receipt from a weighmaster for purposes of section 801 or obtaining

 

a vehicle inspection by a law enforcement agency before titling or

 

registration of that vehicle.

 

     (i) A certificate of title is not required for a vehicle owned

 

by a manufacturer or dealer and held for sale or lease, even though

 

incidentally moved on a street or highway or used for purposes of

 

testing or demonstration.

 

     (j) A bus or a school bus that is not self-propelled and is

 

used exclusively as a construction shanty.

 

     (k) A certificate of title is not required for a moped.

 

     (l) For 3 days immediately following the date of a properly

 

assigned title or signed lease agreement from any person other than

 

a dealer, a registration is not required for a vehicle driven or

 

moved on a street or highway for the sole purpose of transporting

 

the vehicle by the most direct route from the place of purchase or

 

lease to a place of storage if the driver has in his or her

 

possession the assigned title showing the date of sale or a lease

 

agreement showing the date of the lease.

 

     (m) A certificate of registration is not required for a pickup

 

camper, but a certificate of title is required.

 

     (n) A new motor vehicle driven or moved on a street or highway

 

only for the purpose of moving the vehicle from an accident site to

 

a storage location if the vehicle was being transported on a

 

railroad car or semitrailer that was involved in a disabling

 

accident.

 

     (o) A boat lift used for transporting vessels between a marina

 

or a body of water and a place of inland storage.

     (p) A mini camper.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.