SENATE BILL No. 852

 

 

March 10, 2016, Introduced by Senator JOHNSON and referred to the Committee on Transportation.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 319, 682, and 907 (MCL 257.319, 257.682, and

 

257.907), section 319 as amended by 2015 PA 11, section 682 as

 

amended by 2012 PA 263, and section 907 as amended by 2015 PA 126.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 319. (1) The secretary of state shall immediately suspend

 

a person's license as provided in this section upon receiving a

 

record of the person's conviction for a crime described in this

 

section, whether the conviction is under a law of this state, a

 

local ordinance substantially corresponding to a law of this state,

 

a law of another state substantially corresponding to a law of this

 

state, or, beginning October 31, 2010, a law of the United States

 


substantially corresponding to a law of this state.

 

     (2) The secretary of state shall suspend the person's license

 

for 1 year for any of the following crimes:

 

     (a) Fraudulently altering or forging documents pertaining to

 

motor vehicles in violation of section 257.

 

     (b) A violation of section 413 of the Michigan penal code,

 

1931 PA 328, MCL 750.413.

 

     (c) A violation of section 1 of former 1931 PA 214, MCL

 

752.191, or former section 626c.

 

     (d) A felony in which a motor vehicle was used. As used in

 

this section, "felony in which a motor vehicle was used" means a

 

felony during the commission of which the person convicted operated

 

a motor vehicle and while operating the vehicle presented real or

 

potential harm to persons or property and 1 or more of the

 

following circumstances existed:

 

     (i) The vehicle was used as an instrument of the felony.

 

     (ii) The vehicle was used to transport a victim of the felony.

 

     (iii) The vehicle was used to flee the scene of the felony.

 

     (iv) The vehicle was necessary for the commission of the

 

felony.

 

     (e) A violation of section 602a(2) or (3) of this act or

 

section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL

 

750.479a.

 

     (f) Beginning October 31, 2010, a violation of section 601d.

 

     (3) The secretary of state shall suspend the person's license

 

for 90 days for any of the following crimes:

 

     (a) Failing to stop and disclose identity at the scene of an


accident resulting in injury in violation of section 617a.

 

     (b) A violation of section 601b(2), section 601c(1), section

 

653a(3), section 626 before October 31, 2010, or, beginning October

 

31, 2010, section 626(2).

 

     (c) Malicious destruction resulting from the operation of a

 

vehicle under section 382(1)(b), (c), or (d) of the Michigan penal

 

code, 1931 PA 328, MCL 750.382.

 

     (d) A violation of section 703(2) of the Michigan liquor

 

control code of 1998, 1998 PA 58, MCL 436.1703.

 

     (4) The secretary of state shall suspend the person's license

 

for 30 days for malicious destruction resulting from the operation

 

of a vehicle under section 382(1)(a) of the Michigan penal code,

 

1931 PA 328, MCL 750.382.

 

     (5) For perjury or making a false certification to the

 

secretary of state under any law requiring the registration of a

 

motor vehicle or regulating the operation of a vehicle on a

 

highway, or for conduct prohibited under section 324(1) or a local

 

ordinance substantially corresponding to section 324(1), the

 

secretary of state shall suspend the person's license as follows:

 

     (a) If the person has no prior conviction for an offense

 

described in this subsection within 7 years, for 90 days.

 

     (b) If the person has 1 or more prior convictions for an

 

offense described in this subsection within 7 years, for 1 year.

 

     (6) For a violation of section 414 of the Michigan penal code,

 

1931 PA 328, MCL 750.414, the secretary of state shall suspend the

 

person's license as follows:

 

     (a) If the person has no prior conviction for that offense


within 7 years, for 90 days.

 

     (b) If the person has 1 or more prior convictions for that

 

offense within 7 years, for 1 year.

 

     (7) For a violation of section 624a or 624b of this act or

 

section 703(1) of the Michigan liquor control code of 1998, 1998 PA

 

58, MCL 436.1703, the secretary of state shall suspend the person's

 

license as follows:

 

     (a) If the person has 1 prior conviction for an offense

 

described in this subsection or section 33b(1) of former 1933 (Ex

 

Sess) PA 8, for 90 days. The secretary of state may issue the

 

person a restricted license after the first 30 days of suspension.

 

     (b) If the person has 2 or more prior convictions for an

 

offense described in this subsection or section 33b(1) of former

 

1933 (Ex Sess) PA 8, for 1 year. The secretary of state may issue

 

the person a restricted license after the first 60 days of

 

suspension.

 

     (8) The secretary of state shall suspend the person's license

 

for a violation of section 625 or 625m as follows:

 

     (a) For 180 days for a violation of section 625(1) or (8)

 

before October 31, 2010 or, beginning October 31, 2010, section

 

625(1)(a) or (b) or (8) if the person has no prior convictions

 

within 7 years. The secretary of state may issue the person a

 

restricted license during a specified portion of the suspension,

 

except that the secretary of state shall not issue a restricted

 

license during the first 30 days of suspension.

 

     (b) For 90 days for a violation of section 625(3) if the

 

person has no prior convictions within 7 years. However, if the


person is convicted of a violation of section 625(3), for operating

 

a vehicle when, due to the consumption of a controlled substance or

 

a combination of alcoholic liquor and a controlled substance, the

 

person's ability to operate the vehicle was visibly impaired, the

 

secretary of state shall suspend the person's license under this

 

subdivision for 180 days. The secretary of state may issue the

 

person a restricted license during all or a specified portion of

 

the suspension.

 

     (c) For 30 days for a violation of section 625(6) if the

 

person has no prior convictions within 7 years. The secretary of

 

state may issue the person a restricted license during all or a

 

specified portion of the suspension.

 

     (d) For 90 days for a violation of section 625(6) if the

 

person has 1 or more prior convictions for that offense within 7

 

years.

 

     (e) For 180 days for a violation of section 625(7) if the

 

person has no prior convictions within 7 years. The secretary of

 

state may issue the person a restricted license after the first 90

 

days of suspension.

 

     (f) For 90 days for a violation of section 625m if the person

 

has no prior convictions within 7 years. The secretary of state may

 

issue the person a restricted license during all or a specified

 

portion of the suspension.

 

     (g) Beginning October 31, 2010, for 1 year for a violation of

 

section 625(1)(c) if the person has no prior convictions within 7

 

years or not more than 2 convictions within 10 years. The secretary

 

of state may issue the person a restricted license, except that the


secretary of state shall not issue a restricted license during the

 

first 45 days of suspension.

 

     (h) Beginning October 31, 2010, the department shall order a

 

person convicted of violating section 625(1)(c) not to operate a

 

motor vehicle under a restricted license issued under subdivision

 

(g) unless the vehicle is equipped with an ignition interlock

 

device approved, certified, and installed as required under

 

sections 625k and 625l. 625l. The ignition interlock device may be

 

removed after the interlock device provider provides the department

 

with verification that the person has operated the vehicle with no

 

instances of reaching or exceeding a blood alcohol level of 0.025

 

grams per 210 liters of breath. This subdivision does not prohibit

 

the removal of the ignition interlock device for any of the

 

following:

 

     (i) (i) A start-up test failure that occurs within the first 2

 

months after installation of the device. As used in this

 

subdivision, "start-up test failure" means that the ignition

 

interlock device has prevented the motor vehicle from being

 

started. Multiple unsuccessful attempts at 1 time to start the

 

vehicle shall be treated as 1 start-up test failure only under this

 

subparagraph.

 

     (ii) A start-up test failure occurring more than 2 months

 

after installation of the device, if not more than 15 minutes after

 

detecting the start-up test failure the person delivers a breath

 

sample that the ignition interlock device analyzes as having an

 

alcohol level of less than 0.025 grams per 210 liters of breath.

 

     (iii) A retest prompted by the device, if not more than 5


minutes after detecting the retest failure the person delivers a

 

breath sample that the ignition interlock device analyzes as having

 

an alcohol level of less than 0.025 grams per 210 liters of breath.

 

     (i) Beginning October 31, 2010, if an individual violates the

 

conditions of the restricted license issued under subdivision (g)

 

or operates or attempts to operate a motor vehicle with a blood

 

alcohol level of 0.025 grams per 210 liters of breath, the

 

secretary of state shall impose an additional like period of

 

suspension and restriction as prescribed under subdivision (g).

 

This subdivision does not require an additional like period of

 

suspension and restriction for any of the following:

 

     (i) A start-up test failure within the first 2 months after

 

installation of the ignition interlock device. As used in this

 

subdivision, "start-up test failure" means that the ignition

 

interlock device has prevented the motor vehicle from being

 

started. Multiple unsuccessful attempts at 1 time to start the

 

vehicle shall be treated as 1 start-up test failure only under this

 

subparagraph.

 

     (ii) A start-up test failure occurring more than 2 months

 

after installation of the device, if not more than 15 minutes after

 

detecting the start-up test failure the person delivers a breath

 

sample that the ignition interlock device analyzes as having an

 

alcohol level of less than 0.025 grams per 210 liters of breath.

 

     (iii) Any retest prompted by the device, if not more than 5

 

minutes after detecting the retest failure the person delivers a

 

breath sample that the ignition interlock device analyzes as having

 

an alcohol level of less than 0.025 grams per 210 liters of breath.


     (9) For a violation of section 367c of the Michigan penal

 

code, 1931 PA 328, MCL 750.367c, the secretary of state shall

 

suspend the person's license as follows:

 

     (a) If the person has no prior conviction for an offense

 

described in this subsection within 7 years, for 6 months.

 

     (b) If the person has 1 or more convictions for an offense

 

described in this subsection within 7 years, for 1 year.

 

     (10) For a violation of section 315(4), the secretary of state

 

may suspend the person's license for 6 months.

 

     (11) For a violation or attempted violation of section 411a(2)

 

of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a

 

school, the secretary of state shall suspend the license of a

 

person 14 years of age or over but less than 21 years of age until

 

3 years after the date of the conviction or juvenile disposition

 

for the violation. The secretary of state may issue the person a

 

restricted license after the first 365 days of suspension.

 

     (12) For a second or subsequent violation of section 701(1) of

 

the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701,

 

by an individual who is not a retail licensee or a retail

 

licensee's clerk, agent, or employee, the secretary of state shall

 

suspend the person's license for 180 days. The secretary of state

 

may issue a person a restricted license during all or a specified

 

portion of the suspension.

 

     (13) Except as provided in subsection (15), a suspension under

 

this section shall be imposed notwithstanding a court order unless

 

the court order complies with section 323.

 

     (14) If the secretary of state receives records of more than 1


conviction of a person resulting from the same incident, a

 

suspension shall be imposed only for the violation to which the

 

longest period of suspension applies under this section.

 

     (15) The secretary of state may waive a restriction,

 

suspension, or revocation of a person's license imposed under this

 

act if the person submits proof that a court in another state

 

revoked, suspended, or restricted his or her license for a period

 

equal to or greater than the period of a restriction, suspension,

 

or revocation prescribed under this act for the violation and that

 

the revocation, suspension, or restriction was served for the

 

violation, or may grant a restricted license.

 

     (16) The secretary of state shall not issue a restricted

 

license to a person whose license is suspended under this section

 

unless a restricted license is authorized under this section and

 

the person is otherwise eligible for a license.

 

     (17) The secretary of state shall not issue a restricted

 

license to a person under subsection (8) that would permit the

 

person to operate a commercial motor vehicle.

 

     (18) Except as provided in subsection (17), a restricted

 

license issued under this section shall permit the person to whom

 

it is issued to take any driving skills test required by the

 

secretary of state and to operate a vehicle under 1 or more of the

 

following circumstances:

 

     (a) In the course of the person's employment or occupation.

 

     (b) To and from any combination of the following:

 

     (i) The person's residence.

 

     (ii) The person's work location.


     (iii) An alcohol or drug education or treatment program as

 

ordered by the court.

 

     (iv) The court probation department.

 

     (v) A court-ordered community service program.

 

     (vi) An educational institution at which the person is

 

enrolled as a student.

 

     (vii) A place of regularly occurring medical treatment for a

 

serious condition for the person or a member of the person's

 

household or immediate family.

 

     (viii) An ignition interlock service provider as required.

 

     (19) While driving with a restricted license, the person shall

 

carry proof of his or her destination and the hours of any

 

employment, class, or other reason for traveling and shall display

 

that proof upon a peace officer's request.

 

     (20) Subject to subsection (22), as used in subsection (8),

 

"prior conviction" means a conviction for any of the following,

 

whether under a law of this state, a local ordinance substantially

 

corresponding to a law of this state, or a law of another state

 

substantially corresponding to a law of this state:

 

     (a) Except as provided in subsection (21), a violation or

 

attempted violation of any of the following:

 

     (i) Section 625, except a violation of section 625(2), or a

 

violation of any prior enactment of section 625 in which the

 

defendant operated a vehicle while under the influence of

 

intoxicating or alcoholic liquor or a controlled substance, or a

 

combination of intoxicating or alcoholic liquor and a controlled

 

substance, or while visibly impaired, or with an unlawful bodily


alcohol content.

 

     (ii) Section 625m.

 

     (iii) Former section 625b.

 

     (b) Negligent homicide, manslaughter, or murder resulting from

 

the operation of a vehicle or an attempt to commit any of those

 

crimes.

 

     (c) Beginning October 31, 2010, a violation of section 601d or

 

section 626(3) or (4).

 

     (21) Except for purposes of the suspensions described in

 

subsection (8)(c) and (d), only 1 violation or attempted violation

 

of section 625(6), a local ordinance substantially corresponding to

 

section 625(6), or a law of another state substantially

 

corresponding to section 625(6) may be used as a prior conviction.

 

     (22) If 2 or more convictions described in subsection (20) are

 

convictions for violations arising out of the same transaction,

 

only 1 conviction shall be used to determine whether the person has

 

a prior conviction.

 

     (23) The secretary of state shall suspend a person's license

 

for an unpaid citation for a violation of section 682.

 

     Sec. 682. (1) The operator of a vehicle overtaking or meeting

 

a school bus that has stopped and is displaying 2 alternately

 

flashing red lights located at the same level shall bring the

 

vehicle to a full stop not less than 20 feet from the school bus

 

and shall not proceed until the school bus resumes motion or the

 

visual signals are no longer actuated. The operator of a vehicle

 

who fails to stop for a school bus as required by this subsection,

 

who passes a school bus in violation of this subsection, or who


fails to stop for a school bus in violation of an ordinance that is

 

substantially similar to this subsection, is responsible for a

 

civil infraction.

 

     (2) The operator of a vehicle upon a highway that has been

 

divided into 2 roadways by leaving an intervening space, or by a

 

physical barrier, or clearly indicated dividing sections so

 

constructed as to impede vehicular traffic, is not required to stop

 

upon meeting a school bus that has stopped across the dividing

 

space, barrier, or section.

 

     (3) In a proceeding for a violation of subsection (1), proof

 

that the particular vehicle described in the citation was in

 

violation of subsection (1), together with proof that the defendant

 

named in the citation was, at the time of the violation, the

 

registered owner of the vehicle, constitutes a rebuttable

 

presumption that the registered owner of the vehicle was the driver

 

of the vehicle at the time of the violation.

 

     (4) Any evidence of a civil infraction issued under this

 

section captured by an automated traffic enforcement safety device

 

is admissible into evidence as an official record or a business

 

record without the need for additional foundation.

 

     (5) (4) In addition to the civil fine and costs provided for a

 

civil infraction under section 907, the judge, district court

 

referee, or district court magistrate may order a person who

 

violates this section to perform not more than 100 hours of

 

community service at a school.

 

     (6) A city with a population of more than 500,000 may allow a

 

school district that has a pupil membership of more than 30,000


pupils to operate an automated traffic enforcement safety device

 

program and may prosecute violations of this section detected by an

 

automated traffic enforcement safety device upon enacting an

 

ordinance or adopting a resolution authorizing the installation and

 

operation of automated traffic enforcement safety devices after

 

consultation with the governing board of schools within that city.

 

     (7) A city that enacts an ordinance or adopts a resolution as

 

provided in subsection (6) may do all of the following:

 

     (a) Mail to the owner of a motor vehicle by first-class United

 

States mail a citation for a violation of this section or a local

 

ordinance substantially similar to this section if an automated

 

traffic enforcement safety device produces a recorded image or

 

video of the motor vehicle being operated so as to commit a civil

 

infraction under this section or a violation of a local ordinance

 

substantially similar to a civil infraction under this section.

 

     (b) Provide for distribution of money collected for a

 

violation of this section or a local ordinance substantially

 

similar to this section using an automated traffic enforcement

 

safety device to a school district described in subsection (6) for

 

the purpose of paying a third-party private vendor for the

 

installation of automated traffic enforcement safety devices and,

 

if any surplus in funds remains after paying the third-party

 

private vendor, for reimbursement of law enforcement expenses and

 

funding other community student safety programs.

 

     (c) Collect a $100.00 late fee from an individual who is found

 

responsible for a civil infraction under this section or a local

 

ordinance substantially similar to this section if he or she does


not pay the amount due within the time prescribed by the court.

 

     (8) As used in this section, "automated traffic enforcement

 

safety device" means a device that satisfies all of the following

 

requirements:

 

     (a) It is affixed to a school bus.

 

     (b) It is capable of detecting a motor vehicle overtaking or

 

passing a school bus in violation of this section.

 

     (c) It is capable of producing a photographically recorded

 

still or video image of the rear of a motor vehicle, or the rear of

 

a motor vehicle being towed by another motor vehicle, including an

 

image of the motor vehicle's rear registration plate.

 

     (d) It indicates with 1 or more of the images produced the

 

date, time, and location of the violation.

 

     Sec. 907. (1) A violation of this act, or a local ordinance

 

substantially corresponding to a provision of this act, that is

 

designated a civil infraction shall not be considered a lesser

 

included offense of a criminal offense.

 

     (2) If a person is determined under sections 741 to 750 to be

 

responsible or responsible "with explanation" for a civil

 

infraction under this act or a local ordinance substantially

 

corresponding to a provision of this act, the judge or district

 

court magistrate may order the person to pay a civil fine of not

 

more than $100.00 and costs as provided in subsection (4). However,

 

if the civil infraction was a moving violation that resulted in an

 

at-fault collision with another vehicle, a person, or any other

 

object, the civil fine ordered under this section shall be

 

increased by $25.00 but the total civil fine shall not exceed


$100.00. However, for a violation of section 602b, the person shall

 

be ordered to pay costs as provided in subsection (4) and a civil

 

fine of $100.00 for a first offense and $200.00 for a second or

 

subsequent offense. For a violation of section 674(1)(s) or a local

 

ordinance substantially corresponding to section 674(1)(s), the

 

person shall be ordered to pay costs as provided in subsection (4)

 

and a civil fine of not less than $100.00 or more than $250.00. For

 

a violation of section 676c, the person shall be ordered to pay

 

costs as provided in subsection (4) and a civil fine of $1,000.00.

 

For a violation of section 328, the civil fine ordered under this

 

subsection shall be not more than $50.00. For a violation of

 

section 710d, the civil fine ordered under this subsection shall

 

not exceed $10.00, subject to subsection (12). For a violation of

 

section 710e, the civil fine and court costs ordered under this

 

subsection shall be $25.00. For a violation of section 682 or a

 

local ordinance substantially corresponding to section 682, the

 

person shall be ordered to pay costs as provided in subsection (4)

 

and a civil fine of not less than $100.00 or more than $500.00.

 

$300.00 for a first offense, a civil fine of $500.00 for a second

 

offense, and a civil fine of $1,000.00 for a third offense. For a

 

violation of section 240, the civil fine ordered under this

 

subsection shall be $15.00. For a violation of section 252a(1), the

 

civil fine ordered under this subsection shall be $50.00. For a

 

violation of section 676a(3), the civil fine ordered under this

 

section shall be not more than $10.00. For a first violation of

 

section 319f(1), the civil fine ordered under this section shall be

 

not less than $2,500.00 or more than $2,750.00; for a second or


subsequent violation, the civil fine shall be not less than

 

$5,000.00 or more than $5,500.00. For a violation of section

 

319g(1)(a), the civil fine ordered under this section shall be not

 

more than $10,000.00. For a violation of section 319g(1)(g), the

 

civil fine ordered under this section shall be not less than

 

$2,750.00 or more than $25,000.00. Permission may be granted for

 

payment of a civil fine and costs to be made within a specified

 

period of time or in specified installments, but unless permission

 

is included in the order or judgment, the civil fine and costs

 

shall be payable immediately.

 

     (3) Except as provided in this subsection, if a person is

 

determined to be responsible or responsible "with explanation" for

 

a civil infraction under this act or a local ordinance

 

substantially corresponding to a provision of this act while

 

driving a commercial motor vehicle, he or she shall be ordered to

 

pay costs as provided in subsection (4) and a civil fine of not

 

more than $250.00.

 

     (4) If a civil fine is ordered under subsection (2) or (3),

 

the judge or district court magistrate shall summarily tax and

 

determine the costs of the action, which are not limited to the

 

costs taxable in ordinary civil actions, and may include all

 

expenses, direct and indirect, to which the plaintiff has been put

 

in connection with the civil infraction, up to the entry of

 

judgment. Costs shall not be ordered in excess of $100.00. A civil

 

fine ordered under subsection (2) or (3) shall not be waived unless

 

costs ordered under this subsection are waived. Except as otherwise

 

provided by law, costs are payable to the general fund of the


plaintiff.

 

     (5) In addition to a civil fine and costs ordered under

 

subsection (2) or (3) and subsection (4) and the justice system

 

assessment ordered under subsection (13), the judge or district

 

court magistrate may order the person to attend and complete a

 

program of treatment, education, or rehabilitation.

 

     (6) A district court magistrate shall impose the sanctions

 

permitted under subsections (2), (3), and (5) only to the extent

 

expressly authorized by the chief judge or only judge of the

 

district court district.

 

     (7) Each district of the district court and each municipal

 

court may establish a schedule of civil fines, costs, and

 

assessments to be imposed for civil infractions that occur within

 

the respective district or city. If a schedule is established, it

 

shall be prominently posted and readily available for public

 

inspection. A schedule need not include all violations that are

 

designated by law or ordinance as civil infractions. A schedule may

 

exclude cases on the basis of a defendant's prior record of civil

 

infractions or traffic offenses, or a combination of civil

 

infractions and traffic offenses.

 

     (8) The state court administrator shall annually publish and

 

distribute to each district and court a recommended range of civil

 

fines and costs for first-time civil infractions. This

 

recommendation is not binding upon the courts having jurisdiction

 

over civil infractions but is intended to act as a normative guide

 

for judges and district court magistrates and a basis for public

 

evaluation of disparities in the imposition of civil fines and


costs throughout the state.

 

     (9) If a person has received a civil infraction citation for

 

defective safety equipment on a vehicle under section 683, the

 

court shall waive a civil fine, costs, and assessments upon receipt

 

of certification by a law enforcement agency that repair of the

 

defective equipment was made before the appearance date on the

 

citation.

 

     (10) A default in the payment of a civil fine or costs ordered

 

under subsection (2), (3), or (4) or a justice system assessment

 

ordered under subsection (13), or an installment of the fine,

 

costs, or assessment, may be collected by a means authorized for

 

the enforcement of a judgment under chapter 40 of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or

 

under chapter 60 of the revised judicature act of 1961, 1961 PA

 

236, MCL 600.6001 to 600.6098.

 

     (11) If a person fails to comply with an order or judgment

 

issued under this section within the time prescribed by the court,

 

the driver's license of that person shall be suspended under

 

section 321a until full compliance with that order or judgment

 

occurs. In addition to this suspension, the court may also proceed

 

under section 908.

 

     (12) The court may waive any civil fine, cost, or assessment

 

against a person who received a civil infraction citation for a

 

violation of section 710d if the person, before the appearance date

 

on the citation, supplies the court with evidence of acquisition,

 

purchase, or rental of a child seating system meeting the

 

requirements of section 710d.


     (13) In addition to any civil fines or costs ordered to be

 

paid under this section, the judge or district court magistrate

 

shall order the defendant to pay a justice system assessment of

 

$40.00 for each civil infraction determination, except for a

 

parking violation or a violation for which the total fine and costs

 

imposed are $10.00 or less. Upon payment of the assessment, the

 

clerk of the court shall transmit the assessment collected to the

 

state treasury to be deposited into the justice system fund created

 

in section 181 of the revised judicature act of 1961, 1961 PA 236,

 

MCL 600.181. An assessment levied under this subsection is not a

 

civil fine for purposes of section 909.

 

     (14) If a person has received a citation for a violation of

 

section 223, the court shall waive any civil fine, costs, and

 

assessment, upon receipt of certification by a law enforcement

 

agency that the person, before the appearance date on the citation,

 

produced a valid registration certificate that was valid on the

 

date the violation of section 223 occurred.

 

     (15) If a person has received a citation for a violation of

 

section 328(1) for failing to produce a certificate of insurance

 

under section 328(2), the court may waive the fee described in

 

section 328(3)(c) and shall waive any fine, costs, and any other

 

fee or assessment otherwise authorized under this act upon receipt

 

of verification by the court that the person, before the appearance

 

date on the citation, produced valid proof of insurance that was in

 

effect at the time the violation of section 328(1) occurred.

 

Insurance obtained subsequent to the time of the violation does not

 

make the person eligible for a waiver under this subsection.


     (16) If a person is determined to be responsible or

 

responsible "with explanation" for a civil infraction under this

 

act or a local ordinance substantially corresponding to a provision

 

of this act and the civil infraction arises out of the ownership or

 

operation of a commercial quadricycle, he or she shall be ordered

 

to pay costs as provided in subsection (4) and a civil fine of not

 

more than $500.00.

 

     (17) As used in this section, "moving violation" means an act

 

or omission prohibited under this act or a local ordinance

 

substantially corresponding to this act that involves the operation

 

of a motor vehicle and for which a fine may be assessed.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.