MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949
Chapter I
WORDS AND PHRASES DEFINED


257.1 Michigan vehicle code; words and phrases defined.

Sec. 1.

     The following words and phrases as defined in this chapter and as herein enumerated when used in this act shall, for the purpose of this act, have the meanings respectively ascribed to them in this chapter.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.1a "Accessory" and "adequate in-person services" defined.

Sec. 1a.

    As used in this act:
    (a) "Accessory" means any accessory, equipment, additional part or replacement part for a vehicle for which a certificate of title is required to be issued under this act.
    (b) "Adequate in-person services" means providing in-person service options, without the requirement of an advance appointment, on each day and at each location a secretary of state branch office is open for services in this state. The in-person services provided must allow for same-day transactions to be completed.
    
    


History: Add. 1964, Act 248, Eff. Jan. 1, 1965 ;-- Am. 2021, Act 71, Imd. Eff. July 29, 2021





257.1b “Ambulance” defined.

Sec. 1b.

     "Ambulance" means a privately or publicly owned motor vehicle for highway use that is specially designed or constructed and equipped, and is intended to be used for and is maintained or operated for the transportation of persons who are sick, injured, wounded, or otherwise incapacitated or helpless, including dual purpose police patrol cars and funeral coaches or hearses, and which is equipped according to section 7 of Act No. 258 of the Public Acts of 1968, as amended, being section 257.1207 of the Michigan Compiled Laws.


History: Add. 1975, Act 100, Eff. July 1, 1976





257.1c “Articulated bus” defined.

Sec. 1c.

     "Articulated bus" means a vehicle designed for carrying passengers and comprised of 2 sections permanently joined by a hinge mechanism or articulated joint allowing vertical and horizontal relative movement as well as a weathertight passage for riders moving from 1 section of the bus to the other.


History: Add. 1988, Act 346, Imd. Eff. Oct. 25, 1988
Compiler's Notes: Section 2 of Act 346 of 1988 provides:“(1) Except as otherwise provided in this section, this amendatory act shall take effect October 1, 1989.“(2) Sections 634, 710g, 722, 723, 724, 802, and 907 of this amendatory act shall take effect January 1, 1989.“(3) Sections 4B and 801 of this amendatory act shall take effect upon the date of enactment of this amendatory act.”Section 2 of Act 173 of 1989 provides:“(1) The amendments made to sections 8b, 57, 67a, 301, 303, 305, 306, 307, 309, 310, 312d, 312e, 312f, 312g, 312h, 314, 314b, 319a, 321a, 323, 728, 732, 743, and 907 of Act No. 300 of the Public Acts of 1949, being sections 257.8b, 257.57, 257.67a, 257.301, 257.303, 257.305, 257.306, 257.307, 257.309, 257.310, 257.312d, 257.312e, 257.312f, 257.312g, 257.312h, 257.314, 257.314b, 257.319a, 257.321a, 257.323, 257.728, 257.732, 257.743, and 257.907 of the Michigan Compiled Laws, by Act No. 346 of the Public Acts of 1988 shall take effect January 1, 1990.“(2) Enacting section 2 of Act No. 346 of the Public Acts of 1988 is repealed.”





257.1d “Alcoholic liquor” defined.

Sec. 1d.

     "Alcoholic liquor" means any liquid or compound, whether or not medicated, proprietary, patented, and by whatever name called, containing any amount of alcohol including any liquid or compound described in section 105(2) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1105.


History: Add. 2003, Act 61, Eff. Sept. 30, 2003 ;-- Am. 2004, Act 62, Eff. May 3, 2004





257.2 “Authorized emergency vehicle” defined; additional definitions.

Sec. 2.

    (1) "Authorized emergency vehicle" means any 1 of the following:
    (a) Vehicles of the fire department, police vehicles, ambulances, privately owned motor vehicles of volunteer or paid fire fighters, or volunteer members of an emergency rescue unit if authorized by the chief of an organized fire department, a county sheriff, or the director of the department of state police, or privately owned motor vehicles of volunteer or paid members of a life support agency licensed by the department of licensing and regulatory affairs if authorized by the life support agency.
    (b) For purposes of section 698(5)(c) during an emergency, a vehicle owned and operated by a federally recognized nonprofit charitable organization that is used exclusively for assistance during that emergency.
    (c) For purposes of section 653a, a road service vehicle giving a visual signal by means of a flashing, rotating, or oscillating red or amber light. As used in this subdivision, "road service vehicle" means a vehicle that is clearly marked and readily recognizable as a vehicle used to assist disabled vehicles.
    (2) As used in this section:
    (a) "Emergency rescue unit" means an entity with training in a specialized discipline exceeding the level of training for medical first responders.
    (b) "Life support agency" means that term as defined in section 20906 of the public health code, 1978 PA 368, MCL 333.20906.
    (c) "Medical first responder" means that term as defined in section 20906 of the public health code, 1978 PA 368, MCL 333.20906.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1956, Act 11, Imd. Eff. Mar. 9, 1956 ;-- Am. 1975, Act 100, Eff. July 1, 1976 ;-- Am. 1976, Act 347, Imd. Eff. Dec. 21, 1976 ;-- Am. 1997, Act 8, Imd. Eff. May 16, 1997 ;-- Am. 2004, Act 19, Eff. June 2, 2004 ;-- Am. 2011, Act 231, Imd. Eff. Nov. 22, 2011





257.2a “Automotive recycler” defined.

Sec. 2a.

     "Automotive recycler" means a person who engages in business primarily for the purpose of selling at retail salvage vehicle parts and secondarily for the purpose of selling at retail salvage motor vehicles or manufacturing or selling a product of gradable scrap metal.


History: Add. 1993, Act 300, Eff. Jan. 1, 1994





257.2b Additional definitions.

Sec. 2b.

    (1) "Automated driving system" means hardware and software that are collectively capable of performing all aspects of the dynamic driving task for a vehicle on a part-time or full-time basis without any supervision by a human operator.
    (2) "Automated motor vehicle" means a motor vehicle on which an automated driving system has been installed, either by a manufacturer of automated driving systems or an upfitter that enables the motor vehicle to be operated without any control or monitoring by a human operator. Automated motor vehicle does not include a motor vehicle enabled with 1 or more active safety systems or operator assistance systems, including, but not limited to, a system to provide electronic blind spot assistance, crash avoidance, emergency braking, parking assistance, adaptive cruise control, lane-keeping assistance, lane departure warning, or traffic jam and queuing assistance, unless 1 or more of these technologies alone or in combination with other systems enable the vehicle on which any active safety systems or operator assistance systems are installed to operate without any control or monitoring by an operator.
    (3) "Automated technology" means technology installed on a motor vehicle that has the capability to assist, make decisions for, or replace a human operator.
    (4) "Automated vehicle roadway" means a segment of a roadway that has been designated by the state transportation department for an automated vehicle roadway system.
    (5) "Automated vehicle roadway lane" means any lane or ramp on an automated vehicle roadway designated for the exclusive use of motor vehicles by the state transportation department as described under section 665c.
    (6) "Automated vehicle roadway system" means a hardware and software system that is capable of facilitating the deployment and operation of an automated motor vehicle or a vehicle equipped with varying levels of automated technology while traveling through a segment of roadway that has been designated for such a system by the state transportation department.
    (7) "Automated vehicle roadway system provider" means an entity that designs, installs, constructs, operates, or maintains an automated vehicle roadway system.
    (8) "Automatic crash notification technology" means a vehicle service that integrates wireless communications and vehicle location technology to determine the need for or to facilitate emergency medical response in the event of a vehicle crash.
    (9) "Dynamic driving task" means all of the following, but does not include strategic aspects of a driving task, including, but not limited to, determining destinations or waypoints:
    (a) Operational aspects, including, but not limited to, steering, braking, accelerating, and monitoring the vehicle and the roadway.
    (b) Tactical aspects, including, but not limited to, responding to events, determining when to change lanes, turning, using signals, and other related actions.
    (10) "Manufacturer of automated driving systems" means a manufacturer or subcomponent system producer recognized by the secretary of state that develops or produces automated driving systems or automated vehicles.
    (11) "Mobility research center" means a nonprofit entity that has the ability to receive and accept from any federal, state, or municipal agency, foundation, public or private agency, entity, or individual a grant, contribution, or loan for or in aid of the planning, construction, operation, upgrade, or financing of a facility for testing advanced transportation systems, including, but not limited to, connected or automated technology or automated motor vehicles to increase mobility options.
    (12) "Motor vehicle manufacturer" means a person that has manufactured and distributed motor vehicles in the United States that are certified to comply with all applicable federal motor vehicle safety standards and that has submitted appropriate manufacturer identification information to the National Highway Traffic Safety Administration as provided in 49 CFR part 566. As used in this section, section 665a, and section 665b only, motor vehicle manufacturer also includes a person that satisfies all of the following:
    (a) Has manufactured automated motor vehicles in the United States that are certified to comply with all applicable federal motor vehicle safety standards.
    (b) Has operated automated motor vehicles using a test driver and with an automated driving system engaged on public roads in the United States for at least 1,000,000 miles.
    (c) Has obtained an instrument of insurance, surety bond, or proof of self-insurance in the amount of at least $10,000,000.00, and has provided evidence of that insurance, surety bond, or self-insurance to the department in a form and manner required by the department.
    (13) "On-demand automated motor vehicle network" means a digital network or software application used to connect passengers to automated motor vehicles, not including commercial motor vehicles, in participating fleets for transportation between points chosen by passengers, for transportation between locations chosen by the passenger when the automated motor vehicle is operated by the automated driving system.
    (14) "Participating fleet" means any of the following:
    (a) Vehicles that are equipped with automated driving systems that are operating on the public roads and highways of this state in a SAVE project as provided in section 665b.
    (b) Vehicles that are supplied or controlled by a motor vehicle manufacturer, and that are equipped with automated driving systems that are operating on the public roads and highways of this state in an on-demand automated motor vehicle network.
    (15) "SAVE project" means an initiative that authorizes eligible motor vehicle manufacturers to make available to the public on-demand automated motor vehicle networks as provided in section 665b.
    (16) "Upfitter" means a person that modifies a motor vehicle after it was manufactured by installing an automated driving system in that motor vehicle to convert it to an automated motor vehicle. Upfitter includes a subcomponent system producer recognized by the secretary of state that develops or produces automated driving systems.
    
    


History: Add. 2013, Act 231, Eff. Mar. 27, 2014 ;-- Am. 2016, Act 332, Imd. Eff. Dec. 9, 2016 ;-- Am. 2022, Act 179, Imd. Eff. July 25, 2022





257.3 “Axle” defined.

Sec. 3.

     "Axle" means the common axis of rotation of 1 or more wheels whether power driven or freely rotating, and whether in 1 or more segments and regardless of the number of wheels carried thereon.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.3a "Basic driver improvement course" defined.

Sec. 3a.

    "Basic driver improvement course" means a course of study that satisfies all of the following conditions:
    (a) It meets or exceeds the curriculum standards set forth in the defensive driving course instructor manual, eighth edition, published by the national safety council.
    (b) It provides documented evidence from a federal, state, or local government agency of course effectiveness in reducing collisions, moving violations, or both.
    (c) It includes not less than 4 hours of instruction.
    (d) It contains such other information as is approved by the secretary of state, with or without supporting DVD material, and that is offered over the internet or through classroom instruction.


History: Add. 2008, Act 568, Eff. Dec. 31, 2010 ;-- Am. 2012, Act 498, Eff. Mar. 28, 2013





257.4 “Bicycle” defined.

Sec. 4.

     "Bicycle" means a device propelled by human power upon which a person may ride, having either 2 or 3 wheels in a tandem or tricycle arrangement, all of which are over 14 inches in diameter.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1971, Act 151, Imd. Eff. Nov. 22, 1971 ;-- Am. 1975, Act 209, Imd. Eff. Aug. 25, 1975 ;-- Am. 1976, Act 439, Imd. Eff. Jan. 13, 1977





257.4a “Birthday” defined.

Sec. 4a.

     "Birthday" shall mean any anniversary of the original date of birth, and all persons born on February 29 shall be deemed, for the purposes of this act, to have been born on March 1.


History: Add. 1953, Act 215, Eff. Oct. 2, 1953





257.4b “Bus” defined.

Sec. 4b.

     "Bus" means a motor vehicle designed for carrying 16 or more passengers, including the driver. Bus does not include a school bus.


History: Add. 1964, Act 89, Eff. Aug. 28, 1964 ;-- Am. 1980, Act 174, Imd. Eff. June 23, 1980 ;-- Am. 1988, Act 346, Imd. Eff. Oct. 25, 1988





257.4c “Buy back vehicle” defined.

Sec. 4c.

     "Buy back vehicle" means a motor vehicle reacquired by a manufacturer as the result of an arbitration proceeding, pursuant to a customer satisfaction policy adopted by the manufacturer, or under 1986 PA 87, MCL 257.1401 to 257.1410, or a similar law of another state.


History: Add. 2002, Act 652, Eff. Jan. 1, 2003





257.5 "Business district" and "commercial business" defined.

Sec. 5.

    (1) "Business district" means an area contiguous to a highway where the total widths of the adjacent buildings in use for commercial business open to the general public on both sides occupy 50% or more of the total frontage on both sides for a distance of 600 feet or more.
    (2) As used in this section, "commercial business" does not include a home-based business conducted from a residence or domicile, but does include a multi-use building in which a commercial business open to the general public is operated on the ground floor and residential apartments exist on upper floors.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 2006, Act 85, Eff. Nov. 9, 2006





257.5a “Cancellation” defined.

Sec. 5a.

     "Cancellation" means that a license or registration is annulled and terminated because of some error or defect or because the licensee or registrant is no longer entitled to such license or registration, but the cancellation of a license or registration is without prejudice and application for a new license or registration may be made at any time after such cancellation.


History: Add. 1951, Act 270, Eff. Sept. 28, 1951





257.6 "Chauffeur" defined.

Sec. 6.

    (1) Except as otherwise provided in subsection (3), "chauffeur" means any of the following:
    (a) A person who operates a motor vehicle as a motor carrier under the motor carrier act, 1933 PA 254, MCL 475.1 to 479.42, or a motor carrier of passengers as defined in section 3 of the motor bus transportation act, 1982 PA 432, MCL 474.103.
    (b) A person who is employed for the principal purpose of operating a motor vehicle with a GVWR of 10,000 pounds or more.
    (c) A person who operates a bus or school bus.
    (2) For purposes of subsection (1)(b), a person shall be considered to be employed for the principal purpose of operating a motor vehicle when the person's employment customarily involves transporting for gain or hire any merchandise for display, sale, or delivery.
    (3) "Chauffeur" does not include any of the following:
    (a) A farmer or an employee of a farmer operating a vehicle exclusively in connection with the farming operations of the farmer.
    (b) A fire fighter or a member of a fire department operating an ambulance.
    (c) Emergency medical services personnel operating an ambulance. As used in this subdivision, "emergency medical services personnel" means that term as defined in section 20904 of the public health code, 1978 PA 368, MCL 333.20904.
    (d) State transportation department employees whose work consists of operating vehicles with a gross vehicle weight rating of 10,000 pounds or more for the purpose of transporting highway and bridge maintenance materials and supplies for all aspects of state trunkline maintenance, including winter maintenance and facilities maintenance.
    (e) County road commission employees and other employees of local units of government who do not drive their own vehicles and whose work consists of hauling road building materials and supplies for the road commission or for other municipal purposes.
    (f) A person operating a motor vehicle for a volunteer program who only receives reimbursement for the costs of operating the motor vehicle.
    (g) A person who operates a motor home for personal pleasure.
    (h) A parent or parent's designee for the purpose of transporting pupils to or from school and school related events.
    (i) A transportation network company driver.
    (j) A limousine driver.
    (k) A taxicab driver.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1980, Act 154, Imd. Eff. June 12, 1980 ;-- Am. 1990, Act 188, Eff. Aug. 15, 1990 ;-- Am. 1992, Act 134, Eff. Oct. 1, 1992 ;-- Am. 1992, Act 297, Imd. Eff. Dec. 18, 1992 ;-- Am. 2002, Act 534, Eff. Oct. 1, 2002 ;-- Am. 2016, Act 348, Eff. Mar. 21, 2017





257.6a “Civil infraction” defined.

Sec. 6a.

     "Civil infraction" means an act or omission prohibited by law which is not a crime as defined in section 5 of Act No. 328 of the Public Acts of 1931, as amended, being section 750.5 of the Michigan Compiled Laws, and for which civil sanctions may be ordered.


History: Add. 1978, Act 510, Eff. Aug. 1, 1979





257.6b “Civil infraction determination” defined.

Sec. 6b.

     "Civil infraction determination" means a determination that a person is responsible for a civil infraction by 1 of the following:
    (a) An admission of responsibility for the civil infraction.
    (b) An admission of responsibility for the civil infraction, "with explanation".
    (c) A preponderance of the evidence at an informal hearing or formal hearing on the question under section 746 or 747.
    (d) A default judgment, for failing to appear as directed by a citation or other notice, at a scheduled appearance under section 745(3) (b) or (4), at a scheduled informal hearing under section 746, or at a scheduled formal hearing under section 747.


History: Add. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1979, Act 66, Eff. Aug. 1, 1979





257.6c “Civic event” defined.

Sec. 6c.

     "Civic event" means a convention, conference, pageant, parade, special athletic contest, commemoration, gathering, assemblage, or similar function.


History: Add. 1987, Act 151, Imd. Eff. Oct. 29, 1987





257.6d “Collector plate” defined.

Sec. 6d.

     "Collector plate" means a plate that contains a reproduction of every characteristic of a specific registration plate except for the number and letter characters, which shall be determined by the secretary of state, and that is sold as described in section 811g. A collector plate is not a registration plate.


History: Add. 2000, Act 77, Eff. Oct. 1, 2000





257.7 "Commercial vehicle" defined.

Sec. 7.

    "Commercial vehicle" includes all motor vehicles used for the transportation of passengers for hire, or constructed or used for transportation of goods, wares, or merchandise, and all motor vehicles designed and used for drawing other vehicles that are not constructed to carry a load independently or any part of the weight of a vehicle or load being drawn. Commercial vehicle does not include a limousine operated by a limousine driver, a taxicab operated by a taxicab driver, or a personal vehicle operated by a transportation network company driver.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 2016, Act 348, Eff. Mar. 21, 2017





257.7a “Commercial motor vehicle” defined.

Sec. 7a.

    (1) "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if 1 or more of the following apply:
    (a) It is designed to transport 16 or more passengers, including the driver.
    (b) It has a gross vehicle weight rating or gross vehicle weight, whichever is greater, of 26,001 pounds or more.
    (c) It has a gross combination weight rating or gross combination weight, whichever is greater, of 26,001 pounds or more, inclusive of towed units with a gross vehicle weight rating or gross vehicle weight, whichever is greater, of more than 10,000 pounds.
    (d) A motor vehicle carrying hazardous material and on which is required to be posted a placard as defined and required under 49 CFR parts 100 to 199.
    (2) A commercial motor vehicle does not include a vehicle used exclusively to transport personal possessions or family members for nonbusiness purposes.


History: Add. 1988, Act 346, Imd. Eff. Oct. 25, 1988 ;-- Am. 1989, Act 280, Imd. Eff. Dec. 26, 1989 ;-- Am. 1991, Act 100, Eff. Jan. 1, 1993 ;-- Am. 2002, Act 534, Eff. Oct. 1, 2002 ;-- Am. 2015, Act 11, Eff. July 8, 2015
Compiler's Notes: Section 2 of Act 346 of 1988 provides:“(1) Except as otherwise provided in this section, this amendatory act shall take effect October 1, 1989.“(2) Sections 634, 710g, 722, 723, 724, 802, and 907 of this amendatory act shall take effect January 1, 1989.“(3) Sections 4B and 801 of this amendatory act shall take effect upon the date of enactment of this amendatory act.”Section 2 of Act 173 of 1989 provides:“(1) The amendments made to sections 8b, 57, 67a, 301, 303, 305, 306, 307, 309, 310, 312d, 312e, 312f, 312g, 312h, 314, 314b, 319a, 321a, 323, 728, 732, 743, and 907 of Act No. 300 of the Public Acts of 1949, being sections 257.8b, 257.57, 257.67a, 257.301, 257.303, 257.305, 257.306, 257.307, 257.309, 257.310, 257.312d, 257.312e, 257.312f, 257.312g, 257.312h, 257.314, 257.314b, 257.319a, 257.321a, 257.323, 257.728, 257.732, 257.743, and 257.907 of the Michigan Compiled Laws, by Act No. 346 of the Public Acts of 1988 shall take effect January 1, 1990.“(2) Enacting section 2 of Act No. 346 of the Public Acts of 1988 is repealed.”





257.7b "Commercial quadricycle" defined.

Sec. 7b.

    "Commercial quadricycle" means a vehicle that satisfies all of the following:
    (a) The vehicle has fully operative pedals for propulsion entirely by human power.
    (b) The vehicle has at least 4 wheels and is operated in a manner similar to a bicycle.
    (c) The vehicle has at least 6 seats for passengers.
    (d) The vehicle is designed to be occupied by a driver and powered either by passengers providing pedal power to the drive train of the vehicle or by a motor capable of propelling the vehicle in the absence of human power.
    (e) The vehicle is used for commercial purposes.
    (f) The vehicle is operated by the owner of the vehicle or an employee of the owner of the vehicle.


History: Add. 2015, Act 127, Imd. Eff. July 15, 2015





257.8 “Commissioner” defined.

Sec. 8.

     "Commissioner" means the commissioner of Michigan state police of this state, acting directly or through his duly authorized officers, agents and employees.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.8a "Conviction" defined.

Sec. 8a.

    "Conviction" means any of the following:
    (a) A final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, or a finding of guilt for a criminal law violation or a juvenile adjudication, probate court disposition, or juvenile disposition for a violation that if committed by an adult would be a crime, regardless of whether the penalty is rebated or suspended.
    (b) A conviction defined in federal law under 49 CFR 383.5, regarding the operation of a commercial motor vehicle or the operation of a noncommercial motor vehicle operated by a person licensed to operate a commercial motor vehicle.


History: Add. 1967, Act 226, Eff. Nov. 2, 1967 ;-- Am. 1991, Act 99, Eff. Jan. 1, 1992 ;-- Am. 1993, Act 359, Eff. Sept. 1, 1994 ;-- Am. 1994, Act 449, Eff. May 1, 1995 ;-- Am. 1998, Act 356, Eff. Oct. 1, 1999 ;-- Am. 2004, Act 362, Imd. Eff. Oct. 4, 2004





257.8b “Controlled substance” defined.

Sec. 8b.

     "Controlled substance" means a controlled substance or controlled substance analogue as defined in section 7104 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.7104 of the Michigan Compiled Laws.


History: Add. 1976, Act 285, Eff. Apr. 1, 1977 ;-- Am. 1988, Act 346, Eff. Jan. 1, 1990 ;-- Am. 1993, Act 359, Eff. Sept. 1, 1994
Compiler's Notes: Section 2 of Act 346 of 1988 provides:“(1) Except as otherwise provided in this section, this amendatory act shall take effect October 1, 1989.“(2) Sections 634, 710g, 722, 723, 724, 802, and 907 of this amendatory act shall take effect January 1, 1989.“(3) Sections 4B and 801 of this amendatory act shall take effect upon the date of enactment of this amendatory act.”Section 2 of Act 173 of 1989 provides:“(1) The amendments made to sections 8b, 57, 67a, 301, 303, 305, 306, 307, 309, 310, 312d, 312e, 312f, 312g, 312h, 314, 314b, 319a, 321a, 323, 728, 732, 743, and 907 of Act No. 300 of the Public Acts of 1949, being sections 257.8b, 257.57, 257.67a, 257.301, 257.303, 257.305, 257.306, 257.307, 257.309, 257.310, 257.312d, 257.312e, 257.312f, 257.312g, 257.312h, 257.314, 257.314b, 257.319a, 257.321a, 257.323, 257.728, 257.732, 257.743, and 257.907 of the Michigan Compiled Laws, by Act No. 346 of the Public Acts of 1988 shall take effect January 1, 1990.“(2) Enacting section 2 of Act No. 346 of the Public Acts of 1988 is repealed.”





257.9 “County jail” defined.

Sec. 9.

     "County jail" as referred to in this act shall be construed to mean the county jail of any county where the violation of any of the provisions of this act occur.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1985, Act 53, Imd. Eff. June 14, 1985





257.10 “Cross-walk” defined.

Sec. 10.

     "Cross-walk" means: (a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edges of the traversable highway.
    (b) Any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.11 “Dealer” defined.

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.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1978, Act 507, Eff. July 1, 1979 ;-- Am. 1990, Act 154, Imd. Eff. June 28, 1990 ;-- Am. 2002, Act 652, Eff. Jan. 1, 2003 ;-- Am. 2003, Act 37, Imd. Eff. July 3, 2003 ;-- Am. 2008, Act 539, Imd. Eff. Jan. 13, 2009





257.11a “Demonstrator” defined.

Sec. 11a.

     "Demonstrator" means a motor vehicle used by a prospective customer or a motor vehicle dealer or his agent for testing and demonstration purposes.


History: Add. 1975, Act 314, Imd. Eff. Dec. 22, 1975





257.11b “Dealer license” defined.

Sec. 11b.

     "Dealer license" means an authorization from the secretary of state for a person to engage in business as a dealer.


History: Add. 1978, Act 507, Eff. July 1, 1979





257.12 “Department” defined.

Sec. 12.

     "Department" means the department of state.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1953, Act 215, Eff. Oct. 2, 1953 ;-- Am. 1978, Act 139, Eff. May 1, 1979





257.12a “Distressed vehicle” defined.

Sec. 12a.

     "Distressed vehicle" means a vehicle that has a major component part that has been wrecked, destroyed, damaged, stolen, or missing to the extent that the total estimated cost of repairs to rebuild or reconstruct the vehicle, including parts and labor, is equal to or exceeds 75% of the actual cash value of the vehicle in its predamaged condition. The estimated costs of the repair parts shall be determined by using the current published retail cost of original manufacturer equipment parts or an estimate of the actual cost of the repair parts. The estimated labor costs shall be computed by using the hourly rate and time allocations which are reasonable and commonly assessed in the repair industry in the community where the repairs are performed. For the purpose of this section, "actual cash value" means the retail dollar value of a vehicle as determined by an objective vehicle evaluation using local market resources such as dealers or want ads or by an independent vehicle evaluation or appraisal service or by a current issue of a nationally recognized used vehicle guide for financial institution appraisal purposes in this state.


History: Add. 1978, Act 507, Eff. July 1, 1979 ;-- Am. 1993, Act 300, Eff. July 1, 1994





257.12b “Distressed vehicle transporter” defined.

Sec. 12b.

     "Distressed vehicle transporter" means a person engaged in the business of buying vehicles for sale only to a used vehicle parts dealer or a vehicle scrap metal processing dealer. A distressed vehicle transporter shall not sell major components or other parts for vehicle repair purposes, and shall not dismantle vehicles.


History: Add. 1978, Act 507, Eff. July 1, 1979





257.12c "Digital network" defined.

Sec. 12c.

    "Digital network" means that term as defined in section 2 of the limousine, taxicab, and transportation network company act.


History: Add. 2016, Act 348, Eff. Mar. 21, 2017





257.13 “Driver” defined.

Sec. 13.

     "Driver" means every person who drives or is in actual physical control of a vehicle.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.13a “Elected gross weight” defined.

Sec. 13a.

     Elected gross weight means the empty weight of a vehicle or combination of vehicles, fully equipped for service, plus the weight of the maximum load which the owner has elected to carry on such vehicle or combination of vehicles.


History: Add. 1967, Ex. Sess., Act 3, Imd. Eff. Nov. 15, 1967





257.13b “Empty weight” defined.

Sec. 13b.

     Empty weight means the shipping weight of a vehicle as furnished by the manufacturer or in lieu thereof, the scale weight taken from a weight receipt furnished by the weighmaster operating scales approved and sealed by the state department of agriculture. For commercial vehicles empty weight shall also mean fully equipped for the use for which the vehicle is intended.


History: Add. 1967, Ex. Sess., Act 3, Imd. Eff. Nov. 15, 1967





257.13c “Electric personal assistive mobility device” defined.

Sec. 13c.

     "Electric personal assistive mobility device" means a self-balancing nontandem 2-wheeled device, designed to transport only 1 person at a time, having an electrical propulsion system with average power of 750 watts or 1 horsepower and a maximum speed on a paved level surface of not more than 15 miles per hour.


History: Add. 2002, Act 494, Imd. Eff. July 3, 2002





257.13d "Electric carriage" defined.

Sec. 13d.

    "Electric carriage" means a horse-drawn carriage that has been retrofitted to be propelled by an electric motor instead of by a horse and that is used to provide taxi service.


History: Add. 2013, Act 36, Imd. Eff. May 21, 2013





257.13e "Electric bicycle" defined.

Sec. 13e.

    "Electric bicycle" means a device upon which an individual may ride that satisfies all of the following:
    (a) The device is equipped with all of the following:
    (i) A seat or saddle for use by the rider.
    (ii) Fully operable pedals for human propulsion.
    (iii) An electric motor of not greater than 750 watts.
    (b) The device falls within 1 of the following categories:
    (i) Class 1 electric bicycle. As used in this subparagraph, "class 1 electric bicycle" means an electric bicycle that is equipped with an electric motor that provides assistance only when the rider is pedaling and that disengages or ceases to function when the electric bicycle reaches a speed of 20 miles per hour.
    (ii) Class 2 electric bicycle. As used in this subparagraph, "class 2 electric bicycle" means an electric bicycle that is equipped with a motor that propels the electric bicycle to a speed of no more than 20 miles per hour, whether the rider is pedaling or not, and that disengages or ceases to function when the brakes are applied.
    (iii) Class 3 electric bicycle. As used in this subparagraph, "class 3 electric bicycle" means an electric bicycle that is equipped with a motor that provides assistance only when the rider is pedaling and that disengages or ceases to function when the electric bicycle reaches a speed of 28 miles per hour.


History: Add. 2017, Act 139, Eff. Jan. 28, 2018





257.13f "Electric skateboard" defined.

Sec. 13f.

    "Electric skateboard" means a wheeled device that has a floorboard designed to be stood upon when riding that is no more than 60 inches long and 18 inches wide, is designed to transport only 1 person at a time, has an electrical propulsion system with power of no more than 2,500 watts, and has a maximum speed on a paved level surface of not more than 25 miles per hour. An electric skateboard may have handlebars and, in addition to having an electrical propulsion system with power of no more than 2,500 watts, may be designed to also be powered by human propulsion.


History: Add. 2018, Act 204, Eff. Sept. 18, 2018 ;-- Am. 2018, Act 394, Eff. Mar. 19, 2019





257.14 "Established place of business" defined.

Sec. 14.

    (1) Except as provided in subsections (2), (3), and (4), "established place of business" means premises actually occupied either continuously or at regular periods by a dealer or manufacturer at which the dealer or manufacturer keeps its books and records and at which the dealer or manufacturer transacts a large share of its business.
    (2) For a class (a) or class (b) dealer, "established place of business" means premises that meet all of the following requirements:
    (a) The premises contain, except as otherwise provided in this act, a permanently enclosed building or structure that is either owned, leased, or rented by the dealer; the building or structure is not a residence, tent, temporary stand, or any temporary quarters; the building or structure is continuously occupied in good faith for the purpose of selling, buying, trading, leasing, or otherwise dealing in motor vehicles; all books, records, and files necessary to conduct the business of a class (a) or class (b) dealer are maintained in the building or structure; and the building or structure houses an office of at least 150 square feet in size, equipped with standard office furniture, working utilities, a working restroom, and a working telephone listed in the name of the business on the dealer's license.
    (b) The premises have land space of not less than 1,300 square feet to accommodate the display of a minimum of 10 vehicles of the kind and type that the dealer is licensed to sell and an additional 650 square feet for customer parking.
    (c) The display and customer parking areas described in subdivision (b) are adequately surfaced and well-lit during business hours.
    (d) The premises are identified by an exterior sign displaying the name of the dealership that is permanently affixed to the building or land with letters clearly visible from the roadway.
    (e) The premises contain a conspicuous posting of the dealer's regular hours of operation. The posted hours must not be less than 30 hours per week for not less than 48 weeks per year. Fifteen of the 30 hours per week must be between the hours of 8 a.m. and 5 p.m., Monday through Friday. The dealer may change its posted hours of operation to be less than 30 hours per week for not more than 4 weeks per year if the dealer notifies the department not less than 7 days prior to the change. The department shall waive the 7-day notification requirement under this subdivision for good cause, including, but not limited to, a medical emergency or other extenuating circumstances.
    (f) The premises contain a registered repair facility on site for the repair and servicing of motor vehicles of a type sold at the established place of business, unless the dealer has entered into a written servicing agreement with a registered repair facility at a location that is located within a 10-mile radius of the established place of business. If repairs are conducted under a servicing agreement, the dealer shall conspicuously post the servicing agreement in the dealer's office.
    (g) The premises meet all applicable zoning requirements and any other applicable municipal requirements.
    (3) For a wholesaler, "established place of business" means premises that meet all of the following requirements:
    (a) The premises contain a permanently enclosed building or structure that is either owned, leased, or rented and is not a commercial mailbox, tent, temporary stand, or other temporary quarters. Beginning January 1, 2024, the permanently enclosed building or structure must be heated and electrified.
    (b) Until December 31, 2023, all books, records, and files necessary to conduct the business of the wholesaler are maintained in the building or structure described in subdivision (a). Beginning January 1, 2024, all books, records, and files necessary to conduct the business of the wholesaler are maintained in an office that meets all of the following requirements:
    (i) Is not less than 8 feet by 8 feet with a door.
    (ii) Has no fewer than 4 rigid walls.
    (iii) Has working utilities including, but not limited to, lighting and telephone that are listed in the name of the business on the wholesaler's license.
    (iv) Has a working restroom.
    (v) Has standard office furniture including, but not limited to, a desk and a locking filing cabinet.
    (c) The premises are not used for the display of vehicles. However, the premises may be used for the storage of vehicles purchased by the wholesaler before sale to a licensed vehicle dealer.
    (d) The premises are identified by an exterior sign displaying the name of the wholesaler that is permanently affixed to the building or land with letters clearly visible from the roadway.
    (e) The premises meet all applicable zoning requirements and any other applicable municipal requirements.
    (f) The premises contain a conspicuous posting of the wholesaler's regular hours of operation that include at least 15 regular business hours each week between the hours of 8 a.m. and 5 p.m., Monday through Friday.
    (g) If a wholesaler receives its initial license on or after January 1, 2023, the premises are not located within 200 feet of an established place of business for another licensed wholesaler.
    (4) For a used or secondhand vehicle parts dealer, vehicle scrap metal processor, vehicle salvage pool operator, distressed vehicle transporter, broker, and automotive recycler, "established place of business" means premises that meet all of the following requirements:
    (a) Beginning January 1, 2024, the premises contain a permanently enclosed building or structure that is heated and electrified and that is either owned, leased, or rented by the business and that is not a commercial mailbox, tent, temporary stand, or other temporary quarters.
    (b) Beginning January 1, 2024, all books, records, and files necessary to conduct the business of the dealer, processor, operator, transporter, broker, or recycler are maintained in an office that meets all of the following requirements:
    (i) Is not less than 8 feet by 8 feet with a door.
    (ii) Has no fewer than 4 rigid walls.
    (iii) Has working utilities including, but not limited to, lighting and telephone that are listed in the name of the business on the dealer's, processor's, operator's, transporter's, broker's, or recycler's license.
    (iv) Has a working restroom.
    (v) Has standard office furniture including, but not limited to, a desk and a locking filing cabinet.
    (c) The premises are identified by an exterior sign displaying the name of the dealer, processor, operator, transporter, broker, or recycler that is permanently affixed to the building or land with letters clearly visible from the roadway.
    (d) The premises meet all applicable zoning requirements and any other applicable municipal requirements.
    (e) The premises contain a conspicuous posting of the business's regular hours of operation. The posted hours must not be less than 15 hours per week for not less than 48 weeks per year. Five of the 15 hours per week must be between the hours of 8 a.m. and 5 p.m., Monday through Friday.
    
    


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 2004, Act 495, Eff. Jan. 31, 2005 ;-- Am. 2012, Act 498, Eff. Mar. 28, 2013 ;-- Am. 2021, Act 90, Eff. Dec. 14, 2021 ;-- Am. 2022, Act 224, Eff. Jan. 23, 2023





257.14a “Executive” or “manufacturer's vehicle” defined.

Sec. 14a.

     "Executive" or "manufacturer's vehicle" means a motor vehicle provided by a manufacturer for the use and possession of an employee of the manufacturer, which is titled to the manufacturer, or which is driven with special manufacturer's plates as provided in section 244.


History: Add. 1975, Act 314, Imd. Eff. Dec. 22, 1975





257.15 “Explosives” defined.

Sec. 15.

     "Explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroying life or limb.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.16 “Farm tractor” defined.

Sec. 16.

     "Farm tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.17 “Flammable liquid” defined.

Sec. 17.

     "Flammable liquid" means any liquid which has a flash point of 70° F., or less, as determined by a tagliabue or equivalent closed-cup test device.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.17a “Foreign salvage vehicle dealer” defined.

Sec. 17a.

     "Foreign salvage vehicle dealer" means a person who is a licensed dealer in another state and is engaged in this state in the business of purchasing, selling, or otherwise dealing on a wholesale basis in salvageable parts or vehicles of a type required to have a salvage or scrap certificate of title under this act.


History: Add. 1988, Act 255, Eff. Oct. 1, 1989 ;-- Am. 1992, Act 304, Imd. Eff. Dec. 21, 1992 ;-- Am. 1993, Act 300, Eff. Jan. 1, 1994





257.17b “Fund-raising registration plate” and “state-sponsored goal” defined.

Sec. 17b.

     "Fund-raising registration plate" means a registration plate that contains a design or logo representing a symbol for a Michigan university or state-sponsored goal and is issued by the secretary of state to raise funds for the respective Michigan university or state-sponsored goal. As used in this section, "state-sponsored goal" means the purpose for which a state-sponsored fund-raising registration plate is authorized under section 811e.


History: Add. 2000, Act 77, Eff. Oct. 1, 2000





257.17c “Flood vehicle” defined.

Sec. 17c.

     "Flood vehicle" means a vehicle that was submerged in water to the point that water entered the passenger compartment or trunk over the sill of the trunk floor pan or doorsill or a vehicle acquired by an insurance company as part of the settlement of a water damage claim.


History: Add. 2002, Act 485, Eff. Oct. 1, 2002





257.18 Definitions, F.

Sec. 18.

    (1) "Foreign vehicle" means a vehicle of a type required to be registered under this act and brought into this state from another state, territory, or country other than in the ordinary course of business by or through a manufacturer or dealer, and not registered in this state.
    (2) "Former section 625(1) or (2)" means section 625(1) or (2) as amended by Act No. 391 of the Public Acts of 1978, Act No. 515 of the Public Acts of 1980, Act No. 309 of the Public Acts of 1982, or Act No. 109 of the Public Acts of 1987.
    (3) "Former section 625b" means section 625b as amended by Act No. 285 of the Public Acts of 1976, Act No. 515 of the Public Acts of 1980, Act No. 309 of the Public Acts of 1982, or Act No. 109 of the Public Acts of 1987.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1991, Act 99, Eff. Jan. 1, 1992





257.18a “Freeway” defined.

Sec. 18a.

     "Freeway" means a divided arterial highway for through traffic with full control of access and with all crossroads separated in grade from pavements for through traffic.


History: Add. 1961, Act 164, Eff. Sept. 8, 1961





257.18b “Gross combination weight rating” or “GCWR” and “gross vehicle weight rating” or “GVWR” defined.

Sec. 18b.

    (1) "Gross combination weight rating" or "GCWR" means a value specified by the manufacturer of the power unit if that value is displayed on the federal motor vehicle safety standard (FMVSS) certification label required by the National Highway Traffic Safety Administration.
    (2) "Gross vehicle weight rating" or "GVWR" means the sum of the gross vehicle weight ratings, or the sum of the gross vehicle weights of the power unit and the towed unit or units, or any combination of the gross vehicle weight ratings and the gross vehicle weights of power unit and towed unit or units that produces the highest value. The gross combination weight rating of the power unit shall not be used in determining whether the vehicle is a commercial motor vehicle when that power unit is not towing another unit.


History: Add. 1988, Act 346, Imd. Eff. Oct. 25, 1988 ;-- Am. 2015, Act 11, Eff. July 8, 2015
Compiler's Notes: Section 2 of Act 346 of 1988 provides:“(1) Except as otherwise provided in this section, this amendatory act shall take effect October 1, 1989.“(2) Sections 634, 710g, 722, 723, 724, 802, and 907 of this amendatory act shall take effect January 1, 1989.“(3) Sections 4B and 801 of this amendatory act shall take effect upon the date of enactment of this amendatory act.”Section 2 of Act 173 of 1989 provides:“(1) The amendments made to sections 8b, 57, 67a, 301, 303, 305, 306, 307, 309, 310, 312d, 312e, 312f, 312g, 312h, 314, 314b, 319a, 321a, 323, 728, 732, 743, and 907 of Act No. 300 of the Public Acts of 1949, being sections 257.8b, 257.57, 257.67a, 257.301, 257.303, 257.305, 257.306, 257.307, 257.309, 257.310, 257.312d, 257.312e, 257.312f, 257.312g, 257.312h, 257.314, 257.314b, 257.319a, 257.321a, 257.323, 257.728, 257.732, 257.743, and 257.907 of the Michigan Compiled Laws, by Act No. 346 of the Public Acts of 1988 shall take effect January 1, 1990.“(2) Enacting section 2 of Act No. 346 of the Public Acts of 1988 is repealed.”





257.19 “Gross weight” defined.

Sec. 19.

     "Gross weight" means the weight of a vehicle without load plus the weight of any load thereon.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.19a “Disabled person” and “person with disabilities” defined.

Sec. 19a.

     "Disabled person" or "person with disabilities" means a person who is determined by a physician, a physician assistant, or an optometrist as specifically provided in this section licensed to practice in this state to have 1 or more of the following physical characteristics:
    (a) Blindness as determined by an optometrist, a physician, or a physician assistant.
    (b) Inability to walk more than 200 feet without having to stop and rest.
    (c) Inability to do both of the following:
    (i) Use 1 or both legs or feet.
    (ii) Walk without the use of a wheelchair, walker, crutch, brace, prosthetic, or other device, or without the assistance of another person.
    (d) A lung disease from which the person's forced expiratory volume for 1 second, when measured by spirometry, is less than 1 liter, or from which the person's arterial oxygen tension is less than 60 mm/hg of room air at rest.
    (e) A cardiovascular condition that causes the person to measure between 3 and 4 on the New York heart classification scale, or that renders the person incapable of meeting a minimum standard for cardiovascular health that is established by the American heart association and approved by the department of public health.
    (f) An arthritic, neurological, or orthopedic condition that severely limits the person's ability to walk.
    (g) The persistent reliance upon an oxygen source other than ordinary air.


History: Add. 1977, Act 19, Eff. Oct. 1, 1977 ;-- Am. 1978, Act 64, Imd. Eff. Mar. 14, 1978 ;-- Am. 1989, Act 89, Eff. Sept. 19, 1989 ;-- Am. 1994, Act 104, Eff. Oct. 1, 1994 ;-- Am. 1994, Act 432, Imd. Eff. Jan. 6, 1995 ;-- Am. 1996, Act 198, Imd. Eff. May 17, 1996 ;-- Am. 1998, Act 68, Imd. Eff. May 4, 1998 ;-- Am. 2002, Act 618, Imd. Eff. Dec. 23, 2002





257.19b “Hazardous material” defined.

Sec. 19b.

     "Hazardous material" means explosives, flammable gas, flammable compressed gas, nonflammable compressed gas, flammable liquid, oxidizing material, poisonous gas, poisonous liquid, irritating material, etiologic material, radioactive material, corrosive material, or liquefied petroleum gas.


History: Add. 1978, Act 57, Imd. Eff. Mar. 10, 1978





257.20 “Highway or street” defined.

Sec. 20.

     "Highway or street" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.20a "Historic vehicle" defined.

Sec. 20a.

    "Historic vehicle" means a vehicle that is over 25 years old and that is owned solely as a collector's item and for participation in club activities, exhibitions, tours, parades, and similar uses, including mechanical testing, but is not used for general transportation. For purposes of this section, use of the vehicle during the period from Memorial Day weekend through Labor Day each year is considered an exhibition.
    


History: Add. 1996, Act 404, Eff. Dec. 21, 1996 ;-- Am. 2012, Act 239, Imd. Eff. June 29, 2012 ;-- Am. 2024, Act 34, Imd. Eff. Apr. 2, 2024





257.20b "High-occupancy vehicle" or "HOV" defined.

Sec. 20b.

    "High-occupancy vehicle" or "HOV" means any motor vehicle carrying no fewer than 2 occupants including the driver of the vehicle.


History: Add. 2008, Act 304, Imd. Eff. Dec. 9, 2008





257.20c "High-occupancy vehicle lane" or "HOV lane" defined.

Sec. 20c.

    "High-occupancy vehicle lane" or "HOV lane" means any designated lane or ramp on a highway designated for the exclusive or preferential use of a public transportation vehicle or private motor vehicles carrying no fewer than a specified number of occupants, including the driver of the vehicle.


History: Add. 2008, Act 304, Imd. Eff. Dec. 9, 2008





257.20d "Ignition interlock device," "breath alcohol ignition interlock device," or "BAIID" defined.

Sec. 20d.

    "Ignition interlock device" or "breath alcohol ignition interlock device" or "BAIID" means an alcohol concentration measuring device that prevents a motor vehicle from being started at any time without first determining through a deep lung sample the operator's alcohol level, calibrated so that the motor vehicle cannot be started if the breath alcohol level of the operator, as measured by the test, reaches a level of 0.025 grams per 210 liters of breath, and to which all of the following apply:
    (a) The device meets or exceeds the model specifications for breath alcohol ignition interlock devices (BAIID), 78 FR 26849 – 26867 (May 8, 2013) or any subsequent model specifications.
    (b) The device utilizes alcohol-specific electrochemical fuel sensor technology.
    (c) As its anticircumvention method, the device installation uses a positive-negative-positive air pressure test requirement, a midtest hum tone requirement, or any other anticircumvention method or technology that first becomes commercially available after July 31, 2007 and that is approved by the department as equally or more effective.


History: Add. 2008, Act 462, Eff. Oct. 31, 2010 ;-- Am. 2016, Act 32, Eff. June 6, 2016
Compiler's Notes: Enacting section 1 of Act 32 of 2016 provides:"Enacting section 1. R 257.1005 and R 257.1006 of the Michigan Administrative Code are rescinded."





257.21 “Implement of husbandry” defined.

Sec. 21.

    "Implement of husbandry" means a vehicle or trailer in use for the exclusive function of serving agricultural, horticultural, or livestock operations. Implement of husbandry includes a farm tractor, self-propelled application-type vehicle, farm wagon, farm trailer, a vehicle or trailer adapted for lifting or carrying another implement of husbandry being used in agricultural production, or any substantially similar equipment used to transport products necessary for agricultural production.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1964, Act 13, Imd. Eff. Mar. 25, 1964 ;-- Am. 1967, Act 93, Imd. Eff. June 21, 1967 ;-- Am. 1985, Act 32, Imd. Eff. June 13, 1985 ;-- Am. 2012, Act 589, Eff. Mar. 28, 2013 ;-- Am. 2017, Act 94, Eff. Oct. 11, 2017





257.22 “Intersection” defined.

Sec. 22.

     "Intersection" means: (a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of 2 highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
    (b) Where a highway includes 2 roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes 2 roadways 30 feet or more apart, then every crossing of 2 roadways of such highways shall be regarded as a separate intersection.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.23 “Judgment” defined.

Sec. 23.

     "Judgment" means any judgment which shall become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance, or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement of settlement for such damages.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.23a “Juvenile adjudication” defined.

Sec. 23a.

     "Juvenile adjudication" means either of the following:
    (a) A finding of juvenile delinquency under chapter 403 of title 18 of the United States code, 18 U.S.C. 5031 to 5040 and 5042.
    (b) The entry of a judgment or order of disposition by a court of another state that states or is based upon a finding that a juvenile has violated a law of another state, which violation would have been a criminal offense if committed by an adult in that state.


History: Add. 1993, Act 359, Eff. Sept. 1, 1994





257.23b “Juvenile disposition” defined.

Sec. 23b.

     "Juvenile disposition" means the entry of an order of disposition for a juvenile found to be within the court's jurisdiction under chapter XIIA of 1939 PA 288, MCL 712A.1 to 712A.32.


History: Add. 1998, Act 356, Eff. Oct. 1, 1999





257.24 “Laned roadway” defined.

Sec. 24.

     "Laned roadway" means a roadway which is divided into 2 or more clearly marked lanes for vehicular traffic.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.24a “Leased vehicle” defined.

Sec. 24a.

     "Leased vehicle" means a motor vehicle for which a person is granted possession for a contracted period of time and in return for a contracted sum.


History: Add. 1975, Act 314, Imd. Eff. Dec. 22, 1975





257.24b “Late model vehicle” defined.

Sec. 24b.

     "Late model vehicle" means a vehicle weighing 8,000 pounds or less, manufactured in the current model year or the 5 model years immediately preceding the current model year, or, if over 8,000 pounds, a vehicle manufactured in the current model year or the 15 model years immediately preceding the current model year.


History: Add. 1978, Act 507, Eff. July 1, 1979





257.24c “Law of another state” defined.

Sec. 24c.

     "Law of another state" means a law or ordinance enacted by another state or by a local unit of government in another state.


History: Add. 1991, Act 99, Eff. Jan. 1, 1992





257.25 “License” defined.

Sec. 25.

    "License" means any driving privileges, license, temporary instruction permit, commercial learner's permit, or temporary license issued under the laws of this state pertaining to the licensing of persons to operate motor vehicles.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1966, Act 247, Eff. Mar. 10, 1967 ;-- Am. 2015, Act 11, Eff. July 8, 2015





257.25a “Autocycle” defined.

Sec. 25a.

    "Autocycle" means a motorcycle that is equipped with safety belts, rollbar or roll hoops, handlebars or a steering wheel, and equipment otherwise required on a motorcycle, has not more than 3 wheels in contact with the roadway at any 1 time, and is not equipped with a straddle seat.


History: Add. 1984, Act 328, Imd. Eff. Dec. 26, 1984 ;-- Am. 2017, Act 94, Eff. Oct. 11, 2017 ;-- Am. 2018, Act 564, Eff. Mar. 29, 2019





257.25b “Low-speed vehicle” defined.

Sec. 25b.

    "Low-speed vehicle" means a self-propelled motor vehicle to which both of the following apply:
    (a) The vehicle conforms to the definition of low-speed vehicle under 49 CFR 571.3(b).
    (b) The vehicle meets the standard for low-speed vehicles under 49 CFR 571.500.


History: Add. 2000, Act 82, Eff. July 1, 2000 ;-- Am. 2006, Act 377, Imd. Eff. Sept. 27, 2006





257.25c "Limousine" defined.

Sec. 25c.

    "Limousine" means that term as defined in section 2 of the limousine, taxicab, and transportation network company act.


History: Add. 2016, Act 348, Eff. Mar. 21, 2017





257.25d "Limousine driver" defined.

Sec. 25d.

    "Limousine driver" means that term as defined in section 2 of the limousine, taxicab, and transportation network company act.


History: Add. 2016, Act 348, Eff. Mar. 21, 2017





257.26 “Limited access highway” defined.

Sec. 26.

     "Limited access highway" means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only, and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.27 “Local authorities” defined.

Sec. 27.

     "Local authorities" means every municipal and other local board or body having authority to enact laws relating to traffic under the constitution and laws of this state.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.27a “Major component part” defined.

Sec. 27a.

     "Major component part" means 1 of the following parts of a vehicle:
    (a) The engine.
    (b) The transmission.
    (c) The right or left front fender.
    (d) The hood.
    (e) A door allowing entrance to or egress from the vehicle's passenger compartment of the vehicle.
    (f) The front or rear bumper.
    (g) The right or left rear quarter panel.
    (h) The deck lid, tailgate, or hatchback.
    (i) The trunk floor pan.
    (j) The cargo box of a pickup.
    (k) The frame, or if the vehicle has a unitized body, the supporting structure or structures that serve as the frame.
    (l) The cab of a truck.
    (m) The body of a passenger vehicle.


History: Add. 1988, Act 255, Eff. Oct. 1, 1989 ;-- Am. 1992, Act 304, Imd. Eff. Dec. 21, 1992 ;-- Am. 1993, Act 300, Eff. Jan. 1, 1994





257.28 “Manufacturer” defined.

Sec. 28.

     "Manufacturer" means a person, firm, corporation or association engaged in the manufacture of new motor vehicles, trailers or trailer coaches or semi-trailers, as a regular business.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.29 “Maximum axle load” defined.

Sec. 29.

     "Maximum axle load" means the gross weight over the axle which includes vehicles and load.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.30 “Metal tire” defined.

Sec. 30.

     "Metal tire" means every tire the surface of which in contact with the highway is wholly or partly of metal or other hard, non-resilient material.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.30a Repealed. 1978, Act 568, Eff. Jan. 6, 1979.


Compiler's Notes: The repealed section defined “mobile home”.





257.30b “Michigan university” defined.

Sec. 30b.

     "Michigan university" means any of the following institutions of higher education:
    (a) Central Michigan University.
    (b) Eastern Michigan University.
    (c) Ferris State University.
    (d) Grand Valley State University.
    (e) Lake Superior State University.
    (f) Michigan State University.
    (g) Michigan Technological University.
    (h) Northern Michigan University.
    (i) Oakland University.
    (j) Saginaw Valley State University.
    (k) University of Michigan - Ann Arbor.
    (l) University of Michigan - Dearborn.
    (m) University of Michigan - Flint.
    (n) Wayne State University.
    (o) Western Michigan University.


History: Add. 2000, Act 77, Eff. Oct. 1, 2000





257.30c "Modified agriculture vehicle" defined.

Sec. 30c.

    "Modified agriculture vehicle" means a vehicle that satisfies both of the following conditions:
    (a) It has been modified from its original use so that the transport of agricultural commodities is the vehicle's primary purpose.
    (b) It is certified by the United States department of transportation and United States environmental protection agency for road use before being modified as described in subdivision (a).


History: Add. 2012, Act 252, Imd. Eff. July 2, 2012





257.31 “Motorcycle” defined.

Sec. 31.

    "Motorcycle" means a motor vehicle that has a saddle or seat for the use of the rider and is designed to travel on not more than 3 wheels in contact with the ground. Motorcycle includes an autocycle, but does not include a tractor.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 2017, Act 94, Eff. Oct. 11, 2017





257.32 Repealed. 1976, Act 439, Imd. Eff. Jan. 13, 1977.


Compiler's Notes: The repealed section defined “motor driven cycle”.





257.32a “Motor home” defined.

Sec. 32a.

     "Motor home" means a motor vehicle constructed or altered to provide living quarters, including permanently installed cooking and sleeping facilities, and is used for recreation, camping, or other noncommercial use.


History: Add. 1976, Act 26, Imd. Eff. Feb. 27, 1976





257.32b "Moped" defined.

Sec. 32b.

    (1) "Moped" means a 2- or 3-wheeled vehicle to which both of the following apply:
    (a) It is equipped with a motor that does not exceed 100 cubic centimeters piston displacement and cannot propel the vehicle at a speed greater than 30 miles per hour on a level surface.
    (b) Its power drive system does not require the operator to shift gears.
    (2) Moped does not include an electric bicycle.


History: Add. 1976, Act 439, Imd. Eff. Jan. 13, 1977 ;-- Am. 1983, Act 91, Imd. Eff. June 16, 1983 ;-- Am. 2012, Act 424, Imd. Eff. Dec. 21, 2012 ;-- Am. 2017, Act 139, Eff. Jan. 28, 2018





257.33 "Motor vehicle" defined.

Sec. 33.

    "Motor vehicle" means every vehicle that is self-propelled, but for purposes of chapter 4, motor vehicle does not include industrial equipment such as a forklift, a front-end loader, or other construction equipment that is not subject to registration under this act. Motor vehicle does not include a power-driven mobility device when that power-driven mobility device is being used by an individual with a mobility disability. Motor vehicle does not include an electric patrol vehicle being operated in compliance with the electric patrol vehicle act, 1997 PA 55, MCL 257.1571 to 257.1577. Motor vehicle does not include an electric personal assistive mobility device. Motor vehicle does not include an electric carriage. Motor vehicle does not include a commercial quadricycle. Motor vehicle does not include an electric bicycle. Motor vehicle does not include an electric skateboard.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1993, Act 300, Eff. Jan. 1, 1994 ;-- Am. 1995, Act 140, Imd. Eff. July 10, 1995 ;-- Am. 1997, Act 56, Imd. Eff. July 1, 1997 ;-- Am. 2002, Act 494, Imd. Eff. July 3, 2002 ;-- Am. 2013, Act 36, Imd. Eff. May 21, 2013 ;-- Am. 2015, Act 127, Imd. Eff. July 15, 2015 ;-- Am. 2017, Act 139, Eff. Jan. 28, 2018 ;-- Am. 2018, Act 204, Eff. Sept. 18, 2018 ;-- Am. 2018, Act 391, Eff. Mar. 19, 2019





257.33a “New motor vehicle” defined.

Sec. 33a.

     "New motor vehicle" means a motor vehicle which is not and has not been a demonstrator, executive or manufacturer's vehicle, leased vehicle, or a used or secondhand vehicle.


History: Add. 1975, Act 314, Imd. Eff. Dec. 22, 1975





257.33b “Nonprofit recycling center” defined.

Sec. 33b.

     "Nonprofit recycling center" means a nonprofit facility designed and operated solely for receiving, storing, processing, and transferring source-separated recyclable materials such as paper, metal, glass, food waste, office paper, and plastic that are kept separate and apart from residential, commercial, and institutional solid waste by the generator of the waste for the purposes of collection, disposition, and recycling.


History: Add. 1995, Act 129, Imd. Eff. June 30, 1995





257.34 “Nonresident” defined.

Sec. 34.

     "Nonresident" means every person who is not a resident of this state.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.35 “Nonresident operating privilege” defined.

Sec. 35.

     "Nonresident operating privilege" means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by him of a motor vehicle, or the use of a motor vehicle owned by him, in this state.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.35a “Operate” or “operating” defined.

Sec. 35a.

    "Operate" or "operating" means 1 or more of the following:
    (a) Being in actual physical control of a vehicle. This subdivision applies regardless of whether or not the person is licensed under this act as an operator or chauffeur.
    (b) Causing an automated motor vehicle to move under its own power in automatic mode upon a highway or street regardless of whether the person is physically present in that automated motor vehicle at that time. This subdivision applies regardless of whether the person is licensed under this act as an operator or chauffeur. As used in this subdivision, "causing an automated motor vehicle to move under its own power in automatic mode" includes engaging the automated technology of that automated motor vehicle for that purpose.


History: Add. 1978, Act 139, Eff. May 1, 1979 ;-- Am. 1980, Act 515, Eff. Apr. 1, 1981 ;-- Am. 2013, Act 231, Eff. Mar. 27, 2014





257.35b “Older model vehicle” defined.

Sec. 35b.

     "Older model vehicle" means a vehicle weighing 8,000 pounds or less, manufactured in the sixth model year immediately preceding the current model year, or manufactured in any model year before that model year; or, if more than 8,000 pounds, a vehicle manufactured in a model year preceding the fifteenth model year before the current model year.


History: Add. 1978, Act 507, Eff. July 1, 1979





257.35c “Off lease vehicle” defined.

Sec. 35c.

     "Off lease vehicle" means a motor vehicle leased for a term of more than 30 days that the lessee elects to purchase.


History: Add. 2002, Act 652, Eff. Jan. 1, 2003





257.36 “Operator” or “operating” defined.

Sec. 36.

    "Operator" means a person, other than a chauffeur, who does either of the following:
    (a) Operates a motor vehicle upon a highway or street.
    (b) Operates an automated motor vehicle upon a highway or street.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 2013, Act 231, Eff. Mar. 27, 2014





257.36a “Owner-operator” defined.

Sec. 36a.

     "Owner-operator" means an individual who holds the legal title of a commercial vehicle and who leases the commercial vehicle under a lease or arrangement whereby the individual is employed by the lessee to operate the leased vehicle.


History: Add. 1969, Act 309, Imd. Eff. Aug. 14, 1969





257.36b "Out-of-service" defined.

Sec. 36b.

    "Out-of-service" means a declaration by an authorized enforcement officer of a state, a local unit of government of a state, the United States, Canada, or the United Mexican States that an operator, a commercial motor vehicle, or a motor carrier operation is out-of-service under 49 CFR 386.72, 392.5, 395.13, or 396.9, or a substantially similar law or ordinance, or the North American uniform out-of-service criteria.


History: Add. 2011, Act 159, Imd. Eff. Sept. 30, 2011





257.36c "Other on-track equipment" defined.

Sec. 36c.

    "Other on-track equipment" means any car, rolling stock, or other device that, alone or coupled to another device, is operated on stationary rails.


History: Add. 2018, Act 393, Eff. Mar. 19, 2019





257.37 “Owner” defined.

Sec. 37.

     "Owner" means any of the following:
    (a) Any person, firm, association, or corporation renting a motor vehicle or having the exclusive use thereof, under a lease or otherwise, for a period that is greater than 30 days.
    (b) Except as otherwise provided in section 401a, a person who holds the legal title of a vehicle.
    (c) A person who has the immediate right of possession of a vehicle under an installment sale contract.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1988, Act 125, Imd. Eff. May 23, 1988





257.38 “Parking” defined.

Sec. 38.

     "Parking" means standing a vehicle, whether occupied or not, upon a highway, when not loading or unloading except when making necessary repairs.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.38a "Park model trailer" defined.

Sec. 38a.

    "Park model trailer" means a vehicle that meets all of the following:
    (a) Is built on a single chassis, mounted on wheels, and designed to be towed by a motor vehicle from time to time.
    (b) Depending on its size, may require a special highway movement permit under section 719a to be towed on a street or highway.
    (c) Is designed to provide recreational, seasonal, or temporary living quarters.
    (d) When used as recreational, seasonal, or temporary living quarters, may be connected to utilities necessary for the operation of installed fixtures and appliances.
    (e) Is not a mobile home as that term is defined in section 2 of the mobile home commission act, 1987 PA 96, MCL 125.2302.


History: Add. 2009, Act 32, Eff. Dec. 1, 2009





257.39 "Pedestrian" defined.

Sec. 39.

    "Pedestrian" means any person afoot. Pedestrian includes an individual with a mobility disability who is using a power-driven mobility device.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 2018, Act 391, Eff. Mar. 19, 2019





257.39a “Permanent disability” defined.

Sec. 39a.

     "Permanent disability" means a physical characteristic categorized as a disability that significantly limits ambulation or necessitates the use of a wheelchair for mobility, or blindness, for which there is a present medical expectation that the disability will always persist and never significantly improve.


History: Add. 1987, Act 257, Eff. Apr. 1, 1988 ;-- Am. 1998, Act 68, Imd. Eff. May 4, 1998





257.40 “Person” defined.

Sec. 40.

     "Person" means every natural person, firm, copartnership, association, or corporation and their legal successors.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.40a “Pickup camper” defined.

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.


History: Add. 1990, Act 98, Eff. Jan. 1, 1991





257.40b "Personal information" and “highly restricted personal information” defined.

Sec. 40b.

    (1) "Personal information" means information that identifies an individual, including the individual's photograph or image, name, address (but not the zip code), driver license number, Social Security number, telephone number, digitized signature, and medical and disability information. Personal information does not include information on driving and equipment-related violations or civil infractions, driver or vehicle registration status, vehicular accidents, or other behaviorally-related information.
    (2) "Highly restricted personal information" means an individual's photograph or image, Social Security number, digitized signature, medical and disability information, and source documents presented by an applicant to obtain an operator's or chauffeur's license under section 307(1). Highly restricted personal information also includes the confidential address of an individual certified as a program participant in the address confidentiality program under the address confidentiality program act and the emergency contact information under section 310(13). As used in this subsection, "confidential address" means that term as defined in section 3 of the address confidentiality program act.
    
    


History: Add. 1997, Act 100, Imd. Eff. Aug. 7, 1997 ;-- Am. 2008, Act 7, Imd. Eff. Feb. 15, 2008 ;-- Am. 2012, Act 498, Eff. Mar. 28, 2013 ;-- Am. 2020, Act 304, Imd. Eff. Dec. 29, 2020





257.40c "Platoon" defined.

Sec. 40c.

    "Platoon" means a group of individual motor vehicles that are traveling in a unified manner at electronically coordinated speeds.


History: Add. 2016, Act 332, Imd. Eff. Dec. 9, 2016





257.40c[1] "Personal vehicle" defined.

Sec. 40c.

    "Personal vehicle" means that term as defined in section 2 of the limousine, taxicab, and transportation network company act.


History: Add. 2016, Act 348, Eff. Mar. 21, 2017
Compiler's Notes: This added section is compiled at MCL 257.40c[1] to distinguish it from another Sec. 40c deriving from 2016 PA 332.





257.41 “Pole-trailer” defined.

Sec. 41.

     "Pole-trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregular shaped loads such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.41a “Police book” defined.

Sec. 41a.

     "Police book" means a hardcover, bound volume or a record in a form prescribed by the secretary of state that provides a bought and sold record for each vehicle handled by a dealer, contains the information required by section 251, and includes any other information required by law or the secretary of state.


History: Add. 1988, Act 255, Eff. Oct. 1, 1989 ;-- Am. 1992, Act 304, Imd. Eff. Dec. 21, 1992 ;-- Am. 1993, Act 300, Eff. Jan. 1, 1994 ;-- Am. 1998, Act 384, Eff. Jan. 1, 1999





257.42 "Police officer" defined.

Sec. 42.

    "Police officer" means any of the following:
    (a) A sheriff or sheriff's deputy.
    (b) A village or township marshal.
    (c) An officer of the police department of any city, village, or township.
    (d) An officer of the department of state police.
    (e) A peace officer or law enforcement officer who is licensed under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.
    (f) For purposes of enforcing sections 215, 255, 631(1) other than for speed by noncommercial vehicle operators, 717, 719, 719a, 720, 722, 724, 725, and 726, a duly authorized agent of a county road commission meeting the requirements of section 726c. However, an authorized agent of a county road commission shall only enforce sections 215 and 255 with respect to commercial vehicles. Except as provided in section 726c(2), an authorized agent of a county road commission is not required to be licensed under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, to enforce any law described in this subdivision.
    (g) A transit police officer employed by a public body corporate established and maintained pursuant to an interlocal agreement under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, between a city that is authorized by the laws of this state to appoint or employ law enforcement officers and an authority under the metropolitan transportation authorities act of 1967, 1967 PA 204, MCL 124.401 to 124.426, who is licensed under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.
    
    


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1983, Act 10, Imd. Eff. Mar. 18, 1983 ;-- Am. 1984, Act 74, Imd. Eff. Apr. 18, 1984 ;-- Am. 1989, Act 173, Imd. Eff. Aug. 22, 1989 ;-- Am. 2012, Act 529, Eff. Mar. 28, 2013 ;-- Am. 2016, Act 304, Eff. Jan. 2, 2017 ;-- Am. 2021, Act 43, Imd. Eff. July 1, 2021





257.43 “Police station” defined.

Sec. 43.

     "Police station" means every county jail; every police station in any city, village, or township; and the headquarters and every regular subpost of the Michigan state police.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1983, Act 10, Imd. Eff. Mar. 18, 1983





257.43a "Preliminary chemical breath analysis" defined.

Sec. 43a.

    "Preliminary chemical breath analysis" means the on-site taking of a preliminary breath test from the breath of a person for the purpose of detecting the presence of any of the following within the person's body:
    (a) Alcoholic liquor.
    (b) A controlled substance, as that term is defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
    (c) Any other intoxicating substance, as that term is defined in section 625.
    (d) Any combination of the substances listed in subdivisions (a) to (c).


History: Add. 2014, Act 315, Eff. Jan. 12, 2015 ;-- Am. 2015, Act 11, Imd. Eff. Apr. 9, 2015





257.43b "Preliminary oral fluid analysis" defined.

Sec. 43b.

    "Preliminary oral fluid analysis" means the on-site taking of a preliminary oral fluid test, performed by a certified drug recognition expert, as that term is defined in section 625t, from the oral fluid of a person for the purpose of detecting the presence of a controlled substance, as that term is defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.


History: Add. 2016, Act 243, Eff. Sept. 22, 2016
Compiler's Notes: Enacting section 1 of Act 243 of 2016 provides:"Enacting section 1. This amendatory act shall be known and may be cited as the "Barbara J. and Thomas J. Swift Law"."





257.43c "Power-driven mobility device" defined.

Sec. 43c.

    "Power-driven mobility device" means a mobility device powered by a battery, fuel, or other engine and used by an individual with a mobility disability for the purpose of locomotion. Notwithstanding any other provision of this act, the requirements of this act apply to a power-driven mobility device while that device is being operated on a street, road, or highway in this state.


History: Add. 2018, Act 391, Eff. Mar. 19, 2019





257.44 “Private driveway” and “private road” defined.

Sec. 44.

    (1) "Private driveway" means any piece of privately owned and maintained property which is used for vehicular traffic, but is not open or normally used by the public.
    (2) "Private road" means a privately owned and maintained road, allowing access to more than 1 residence or place of business, which is normally open to the public and upon which persons other than the owners located thereon may also travel.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1974, Act 138, Imd. Eff. June 5, 1974





257.44a “Probate court disposition” defined.

Sec. 44a.

     "Probate court disposition" means the entry of an order of disposition for a juvenile found to be within the court's jurisdiction under chapter XIIA of 1939 PA 288, MCL 712A.1 to 712A.32.


History: Add. 1993, Act 359, Eff. Sept. 1, 1994 ;-- Am. 1998, Act 356, Eff. Oct. 1, 1999





257.45 “Proof of financial responsibility” defined.

Sec. 45.

     "Proof of financial responsibility" means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of the proof, arising out of the ownership, maintenance, or use of a motor vehicle, in the amount of $20,000.00 because of bodily injury to or death of 1 person in any one accident, and, subject to said limit for 1 person, in the amount of $40,000.00 because of bodily injury to or death of 2 or more persons in any one accident, and in the amount of $10,000.00 because of injury to or destruction of property of others in any one accident.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1958, Act 155, Eff. Sept. 13, 1958 ;-- Am. 1971, Act 191, Imd. Eff. Dec. 20, 1971





257.45a “Prosecuting attorney” defined.

Sec. 45a.

     "Prosecuting attorney", except as the context otherwise requires, means the attorney general, the prosecuting attorney of a county, or the attorney representing a local unit of government.


History: Add. 1991, Act 99, Eff. Jan. 1, 1992





257.46 "Railroad" defined.

Sec. 46.

    "Railroad" means a carrier of persons or property on cars operated on stationary rails. Railroad does not include a streetcar or a street railway system.
    
    


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 2021, Act 43, Imd. Eff. July 1, 2021





257.47 “Railroad sign or signal” defined.

Sec. 47.

     "Railroad sign or signal" means any sign, signal, or device erected by authority of a statute or public body or official and intended to give notice of the presence of railroad tracks or structures or the approach of a railroad train.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1958, Act 98, Eff. Sept. 13, 1958





257.48 "Railroad track" defined.

Sec. 48.

    "Railroad track" means a stationary rail owned or used by a railroad. Railroad track does not include a stationary rail used by a streetcar or that is part of a street railway system.
    
    


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 2021, Act 43, Imd. Eff. July 1, 2021





257.49 "Railroad train" defined.

Sec. 49.

    "Railroad train" means an engine or other motor, with or without cars coupled to the engine or motor, operated on railroad tracks.
    
    


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 2021, Act 43, Imd. Eff. July 1, 2021





257.49a "Recreational vehicle" defined.

Sec. 49a.

    "Recreational vehicle" means a new or used vehicle that has its own motive power or is towed by a motor vehicle; is primarily designed to provide temporary living quarters for recreational, camping, travel, or seasonal use; complies with all applicable federal vehicle regulations; and does not require a special highway movement permit under section 719a to be operated or towed on a street or highway. The term includes, but is not limited to, a motor home, travel trailer, park model trailer that does not require a special highway movement permit under section 719a, or pickup camper.


History: Add. 2009, Act 32, Eff. Dec. 1, 2009





257.50 “Registration” defined.

Sec. 50.

     "Registration" means a registration certificate, plate, adhesive tab, or other indicator of registration issued under this act for display on a vehicle.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1978, Act 548, Imd. Eff. Dec. 22, 1978





257.50a “Residence address” defined.

Sec. 50a.

    "Residence address" means the place that is the settled home or domicile at which a person legally resides as defined in section 11 of the Michigan election law, 1954 PA 116, MCL 168.11.


History: Add. 1999, Act 118, Eff. Apr. 1, 2000 ;-- Am. 2008, Act 7, Imd. Eff. Feb. 15, 2008





257.51 Repealed. 2006, Act 85, Eff. Nov. 9, 2006.


Compiler's Notes: The repealed section pertained to "residence district" defined.





257.51a “Resident” defined.

Sec. 51a.

    "Resident" means every person who resides in this state and establishes that he or she is legally present in the United States. This definition applies to the provisions of this act only.


History: Add. 1968, Act 106, Imd. Eff. June 7, 1968 ;-- Am. 2008, Act 7, Imd. Eff. Feb. 15, 2008





257.52 “Revocation” defined.

Sec. 52.

    (1) "Revocation" means that the operator's or chauffeur's license and privilege to operate a motor vehicle on the public highways are terminated and shall not be renewed or restored until the later of the following:
    (a) The expiration of not less than 1 year after the license was revoked.
    (b) The expiration of not less than 5 years after the date of a subsequent revocation occurring within 7 years after the date of a prior revocation.
    (2) If a license has been revoked, an application for a new license may be presented and acted upon by the secretary of state as provided in section 303.
    (3) When referring to a dealer license, "revocation" means that a person's authorization to engage in business as a dealer is terminated and shall not be restored or renewed, except that an application for a new license may be considered at the discretion of the secretary of state.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1978, Act 507, Eff. July 1, 1979 ;-- Am. 1982, Act 310, Eff. Mar. 30, 1983 ;-- Am. 1991, Act 99, Eff. Jan. 1, 1992
Compiler's Notes: Section 2 of Act 310 of 1982 provides: “All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this amendatory act takes effect are saved and may be consummated according to the law in force when they are commenced. This amendatory act shall not be construed to affect any prosecution pending or initiated before the effective date of this amendatory act, or initiated after the effective date of this amendatory act for an offense committed before that effective date.”





257.53 “Right-of-way” defined.

Sec. 53.

     "Right-of-way" means the privilege of the immediate use of the highway.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.54 “Road tractor” defined.

Sec. 54.

     "Road tractor" means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of the vehicle or load so drawn.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.55 “Roadway” defined.

Sec. 55.

     "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel. In the event a highway includes 2 or more separate roadways, the term "roadway", as used herein, shall refer to any such roadway separately, but not to all such roadways collectively.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.56 “Safety zone” defined.

Sec. 56.

     "Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected and so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.56a “Salvage vehicle” defined.

Sec. 56a.

     "Salvage vehicle" means a vehicle for which a salvage certificate has been issued by the secretary of state.


History: Add. 1978, Act 507, Eff. July 1, 1979





257.56b “Salvageable part” defined.

Sec. 56b.

     "Salvageable part" means a major component part of a late model vehicle or a vehicle manufactured in the current model year, if the part is serviceable to the extent that it can be reused.


History: Add. 1988, Act 255, Eff. Oct. 1, 1989 ;-- Am. 1992, Act 304, Imd. Eff. Dec. 21, 1992 ;-- Am. 1993, Act 300, Eff. Jan. 1, 1994





257.56c “Salvage vehicle agent” defined.

Sec. 56c.

     "Salvage vehicle agent" means a person employed by a licensed automotive recycler, used or secondhand vehicle parts dealer, or foreign salvage vehicle dealer and authorized by the secretary of state to buy, sell, acquire, or otherwise deal in distressed, late model vehicles, scrap vehicles, or salvageable parts through a salvage pool.


History: Add. 1993, Act 300, Eff. July 1, 1994





257.57 “School bus” defined.

Sec. 57.

    "School bus" means every motor vehicle, except station wagons, with a manufacturers' rated seating capacity of 16 or more passengers, including the driver, owned by a public, private, or governmental agency and operated for the transportation of children to or from school, or privately owned and operated for compensation for the transportation of children to or from school.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1964, Act 22, Eff. Aug. 28, 1964 ;-- Am. 1981, Act 112, Imd. Eff. July 17, 1981 ;-- Am. 1988, Act 346, Eff. Jan. 1, 1990 ;-- Am. 2011, Act 159, Imd. Eff. Sept. 30, 2011
Compiler's Notes: Section 2 of Act 346 of 1988 provides:“(1) Except as otherwise provided in this section, this amendatory act shall take effect October 1, 1989.“(2) Sections 634, 710g, 722, 723, 724, 802, and 907 of this amendatory act shall take effect January 1, 1989.“(3) Sections 4B and 801 of this amendatory act shall take effect upon the date of enactment of this amendatory act.”Section 2 of Act 173 of 1989 provides:“(1) The amendments made to sections 8b, 57, 67a, 301, 303, 305, 306, 307, 309, 310, 312d, 312e, 312f, 312g, 312h, 314, 314b, 319a, 321a, 323, 728, 732, 743, and 907 of Act No. 300 of the Public Acts of 1949, being sections 257.8b, 257.57, 257.67a, 257.301, 257.303, 257.305, 257.306, 257.307, 257.309, 257.310, 257.312d, 257.312e, 257.312f, 257.312g, 257.312h, 257.314, 257.314b, 257.319a, 257.321a, 257.323, 257.728, 257.732, 257.743, and 257.907 of the Michigan Compiled Laws, by Act No. 346 of the Public Acts of 1988 shall take effect January 1, 1990.“(2) Enacting section 2 of Act No. 346 of the Public Acts of 1988 is repealed.”





257.57a “School crossing” defined.

Sec. 57a.

     "School crossing" means a crosswalk designated by the department of state highways and transportation, a county road commission, or a local authority as a place to be used by school children for crossing a street or highway.


History: Add. 1978, Act 227, Imd. Eff. June 14, 1978





257.57b “School crossing guard” defined.

Sec. 57b.

     "School crossing guard" means a person 17 years of age or older authorized to supervise children using a school crossing as provided in section 613c.


History: Add. 1978, Act 227, Imd. Eff. June 14, 1978 ;-- Am. 2003, Act 212, Imd. Eff. Nov. 26, 2003





257.57c Repealed. 2002, Act 534, Eff. Oct. 1, 2002.


Compiler's Notes: The repealed section pertained to definition of school transportation vehicle.





257.57d “Scrap certificate of title” defined.

Sec. 57d.

     "Scrap certificate of title" means a document issued by the secretary of state evidencing ownership of a scrap vehicle, which may be assigned only to a scrap metal processor, an automotive recycler, used or secondhand vehicle parts dealer, or a foreign salvage vehicle dealer and reassignable only to a vehicle scrap metal processor.


History: Add. 1993, Act 300, Eff. July 1, 1994





257.57e “Scrap vehicle” defined.

Sec. 57e.

     "Scrap vehicle" means a vehicle that is wrecked, destroyed, damaged, or that has a major component part stolen or missing to the extent that the total estimated cost of repairs to rebuild or reconstruct the vehicle, including parts and labor, is equal to or greater than 91% of the actual cash value of the vehicle in its predamaged condition or any vehicle that comes into this state with a scrap title or comparable certificate of title. The estimated cost of the repair parts shall be determined by using the current published retail cost of original manufacturer equipment parts or an estimate of the actual cost of the repair parts. The estimated labor costs shall be computed by using the hourly rate and time allocations which are reasonable and commonly assessed in the repair industry in the community where the repairs are performed. For the purpose of this section, "actual cash value" means the retail dollar value of a vehicle as determined by an objective vehicle evaluation using local market resources such as dealers or want ads or by an independent vehicle evaluation or vehicle appraisal service or by a current issue of a nationally recognized used vehicle guide for financial institution appraisal purposes in this state.


History: Add. 1993, Act 300, Eff. July 1, 1994





257.58 “Secretary of state” defined.

Sec. 58.

     "Secretary of state" means the secretary of state of this state, acting directly or through his duly authorized deputy, investigators, agents and employees.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.58b “Security interest,”“security agreement,”“secured party,”“debtor,”“financing statement,” and “termination statement” defined.

Sec. 58b.

     "Security interest", "security agreement", "secured party", "debtor", "financing statement", and "termination statement" as used in this act mean those terms as defined in the uniform commercial code, 1962 PA 174, MCL 440.1101 to 440.11102.


History: Add. 1964, Act 248, Eff. Jan. 1, 1965 ;-- Am. 2000, Act 353, Eff. Mar. 28, 2001





257.58c “Serious impairment of a body function” defined.

Sec. 58c.

     "Serious impairment of a body function" includes, but is not limited to, 1 or more of the following:
    (a) Loss of a limb or loss of use of a limb.
    (b) Loss of a foot, hand, finger, or thumb or loss of use of a foot, hand, finger, or thumb.
    (c) Loss of an eye or ear or loss of use of an eye or ear.
    (d) Loss or substantial impairment of a bodily function.
    (e) Serious visible disfigurement.
    (f) A comatose state that lasts for more than 3 days.
    (g) Measurable brain or mental impairment.
    (h) A skull fracture or other serious bone fracture.
    (i) Subdural hemorrhage or subdural hematoma.
    (j) Loss of an organ.


History: Add. 2001, Act 134, Eff. Feb. 1, 2002





257.59 “Semi-trailer” defined.

Sec. 59.

    "Semi-trailer" means every vehicle with or without motive power, other than a pole-trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. Semi-trailer does not include any implement of husbandry.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 2012, Act 589, Eff. Mar. 28, 2013





257.59a “Shoulder” and “ditch slope” defined.

Sec. 59a.

     "Shoulder" means that portion of the highway contiguous to the roadway generally extending the contour of the roadway, not designed for vehicular travel but maintained for the temporary accommodation of disabled or stopped vehicles otherwise permitted on the roadway.
     "Ditch slope" is that portion of the highway adjacent to the shoulder if one exists or adjacent to the roadway on roads without shoulders, extending to the bottom of the roadside ditch and is not constructed or maintained for the use of any vehicles except those engaged in construction or maintenance.


History: Add. 1974, Act 152, Imd. Eff. June 12, 1974





257.60 “Sidewalk” defined.

Sec. 60.

     "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of roadway, and the adjacent property lines intended for the use of pedestrians.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.61 “Spacings between axles” defined.

Sec. 61.

     "Spacings between axles" means the distance from axle center to axle center.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.62 “Special mobile equipment” defined.

Sec. 62.

     "Special mobile equipment" means every vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including farm tractors, road construction or maintenance machinery, mobile office trailers, mobile tool shed trailers, mobile trailer units used for housing stationary construction equipment, ditch-digging apparatus, and well-boring and well-servicing apparatus. The foregoing enumeration shall be considered partial and shall not operate to exclude other vehicles which are within the general terms of this definition. Although not within the general terms of this definition, the combination of a mobile car crusher trailer permanently attached to a truck tractor or road tractor shall be considered special mobile equipment for purposes of this act.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1962, Act 66, Imd. Eff. Apr. 23, 1962 ;-- Am. 1992, Act 119, Imd. Eff. June 26, 1992





257.62a "Standardized field sobriety test" defined.

Sec. 62a.

    "Standardized field sobriety test" means 1 of the standardized tests validated by the National Highway Traffic Safety Administration. A field sobriety test is considered a standardized field sobriety test under this section if it is administered in substantial compliance with the standards prescribed by the National Highway Traffic Safety Administration.


History: Add. 2016, Act 242, Eff. Sept. 22, 2016





257.63 "Streetcar" defined.

Sec. 63.

    "Streetcar" means a car other than a railroad train for transporting persons or property operated on stationary rails, including a streetcar operated as part of a street railway system.
    
    


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 2021, Act 43, Imd. Eff. July 1, 2021





257.63a "Streetcar track" defined.

Sec. 63a.

    "Streetcar track" means a stationary rail owned by a street railway that is part of a street railway system.
    
    


History: Add. 2021, Act 43, Imd. Eff. July 1, 2021





257.64 “Street or highway” defined.

Sec. 64.

     "Street or highway" means the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.64a "Street railway" defined.

Sec. 64a.

    "Street railway" means that term as defined under section 507 of the recodified tax increment financing act, 2018 PA 57, MCL 125.4507.
    
    


History: Add. 2021, Act 43, Imd. Eff. July 1, 2021





257.64b "Street railway system" defined.

Sec. 64b.

    "Street railway system" means that term as defined under section 507 of the recodified tax increment financing act, 2018 PA 57, MCL 125.4507.
    
    


History: Add. 2021, Act 43, Imd. Eff. July 1, 2021





257.65 "State" defined.

Sec. 65.

    "State" means any state, territory, or possession of the United States, Indian country as defined in 18 USC 1151, the District of Columbia, the Dominion of Canada, or any province or territory of the Dominion of Canada.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1994, Act 449, Eff. May 1, 1995 ;-- Am. 2004, Act 62, Eff. May 3, 2004 ;-- Am. 2004, Act 362, Imd. Eff. Oct. 4, 2004





257.66 “Suspension” defined.

Sec. 66.

     "Suspension" means that the driver's license and privilege to drive a motor vehicle on the public highways are temporarily withdrawn but only during the period of the suspension. When referring to a dealer license, "suspension" means that a person's authorization to engage in business as a dealer is temporarily withdrawn.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1978, Act 507, Eff. July 1, 1979





257.67 “Tandem axle” defined.

Sec. 67.

     "Tandem axle" means 2 axles spaced more than 3 feet 6 inches and less than 9 feet apart.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.67a “Tandem axle assembly” and “tank vehicle” defined.

Sec. 67a.

    (1) "Tandem axle assembly" means 2 axles spaced more than 3 feet 6 inches and less than 9 feet apart, 1 axle in front of the other and so attached to the vehicle wherein an attempt is made by connecting mechanism to distribute the weight equally between the 2 axles.
    (2) "Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous material within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that are either permanently or temporarily attached to the vehicle or the chassis. If a commercial motor vehicle transports 1 or more tanks manifested either as being empty or containing only residue, those tanks shall not be considered in determining whether the vehicle is a tank vehicle.


History: Add. 1967, Act 277, Eff. Nov. 2, 1967 ;-- Am. 1988, Act 346, Eff. Jan. 1, 1990 ;-- Am. 2015, Act 11, Eff. July 8, 2015
Compiler's Notes: Section 2 of Act 346 of 1988 provides:“(1) Except as otherwise provided in this section, this amendatory act shall take effect October 1, 1989.“(2) Sections 634, 710g, 722, 723, 724, 802, and 907 of this amendatory act shall take effect January 1, 1989.“(3) Sections 4B and 801 of this amendatory act shall take effect upon the date of enactment of this amendatory act.”Section 2 of Act 173 of 1989 provides:“(1) The amendments made to sections 8b, 57, 67a, 301, 303, 305, 306, 307, 309, 310, 312d, 312e, 312f, 312g, 312h, 314, 314b, 319a, 321a, 323, 728, 732, 743, and 907 of Act No. 300 of the Public Acts of 1949, being sections 257.8b, 257.57, 257.67a, 257.301, 257.303, 257.305, 257.306, 257.307, 257.309, 257.310, 257.312d, 257.312e, 257.312f, 257.312g, 257.312h, 257.314, 257.314b, 257.319a, 257.321a, 257.323, 257.728, 257.732, 257.743, and 257.907 of the Michigan Compiled Laws, by Act No. 346 of the Public Acts of 1988 shall take effect January 1, 1990.“(2) Enacting section 2 of Act No. 346 of the Public Acts of 1988 is repealed.”





257.67b “Temporary disability” defined.

Sec. 67b.

     "Temporary disability" means a physical characteristic categorized as a disability that significantly limits ambulation or necessitates the use of a wheelchair for mobility, or blindness, for which there is a present medical expectation that the disability will improve.


History: Add. 1987, Act 257, Eff. Apr. 1, 1988 ;-- Am. 1994, Act 104, Eff. Oct. 1, 1994 ;-- Am. 1998, Act 68, Imd. Eff. May 4, 1998





257.67c "Taxicab" defined.

Sec. 67c.

    "Taxicab" means that term as defined in section 2 of the limousine, taxicab, and transportation network company act.


History: Add. 2016, Act 348, Eff. Mar. 21, 2017





257.67d "Taxicab driver" defined.

Sec. 67d.

    "Taxicab driver" means that term as defined in section 2 of the limousine, taxicab, and transportation network company act.


History: Add. 2016, Act 348, Eff. Mar. 21, 2017





257.68 “Through highway” defined.

Sec. 68.

     "Through highway" means every state trunk line highway, or, any other highway at the entrance to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.69 "Traffic" defined.

Sec. 69.

    "Traffic" means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highway for purposes of travel.
    
    


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 2021, Act 43, Imd. Eff. July 1, 2021





257.70 “Traffic control devices” defined.

Sec. 70.

     "Traffic control devices" means all signs, signals, markings, and devices not inconsistent with this act placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.71 “Traffic control order” defined.

Sec. 71.

     "Traffic control order" means an order officially establishing the location of traffic control devices and traffic control signals on the highways of this state by the authority having jurisdiction over such highway and filed with the county clerk of the county traversed by such highway. A certified copy thereof shall be prima facie evidence in all courts of the issuance of such order.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.72 “Traffic control signal” defined.

Sec. 72.

     "Traffic control signal" means any device whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.73 “Trailer” defined.

Sec. 73.

    "Trailer" means every vehicle with or without motive power, other than a pole-trailer, designed for carrying property or persons and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Trailer does not include any implement of husbandry.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 2012, Act 589, Eff. Mar. 28, 2013





257.74 “Trailer coach” defined.

Sec. 74.

     "Trailer coach" means every vehicle primarily designed and used as temporary living quarters for recreational, camping, or travel purposes and drawn by another vehicle.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1951, Act 262, Eff. Sept. 28, 1951 ;-- Am. 1978, Act 568, Eff. Jan. 6, 1979





257.74a "Travel trailer," "camping trailer," and "fifth wheel trailer" defined.

Sec. 74a.

    (1) "Travel trailer" means a trailer coach, fifth wheel trailer, camping trailer, or other vehicle that is designed to be towed by a motor vehicle; is designed to provide temporary living quarters for recreational, camping, or travel use; and does not require a special highway movement permit under section 719a to be towed on a street or highway.
    (2) As used in this section:
    (a) "Camping trailer" means a trailer coach constructed with collapsible side walls that fold for towing and unfold to provide temporary living quarters for recreational, camping, or travel use.
    (b) "Fifth wheel trailer" means a trailer coach designed to be towed by a motor vehicle using a towing mechanism that is mounted above or forward of the tow vehicle's rear axle.


History: Add. 2009, Act 32, Eff. Dec. 1, 2009





257.75 “Truck” defined.

Sec. 75.

     "Truck" means every motor vehicle designed, used, or maintained primarily for the transportation of property.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.76 “Transporter” defined.

Sec. 76.

     "Transporter" means every person engaged in the business of delivering vehicles of a type required to be registered hereunder from a manufacturing, assembling or distributing plant to dealers or sales agents of a manufacturer, and every person certificated by the Michigan public service commission to engage in the business of moving trailer coaches or mobile homes. This section shall not affect duly authorized permit holders.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1961, Act 4, Imd. Eff. Mar. 27, 1961





257.76a "Transportation network company" defined.

Sec. 76a.

    "Transportation network company" means that term as defined in section 2 of the limousine, taxicab, and transportation network company act.


History: Add. 2016, Act 348, Eff. Mar. 21, 2017





257.76b "Transportation network company driver" defined.

Sec. 76b.

    "Transportation network company driver" means that term as defined in section 2 of the limousine, taxicab, and transportation network company act.


History: Add. 2016, Act 348, Eff. Mar. 21, 2017





257.76c "Transportation network company prearranged ride" defined.

Sec. 76c.

    "Transportation network company prearranged ride" means that term as defined in section 2 of the limousine, taxicab, and transportation network company act.


History: Add. 2016, Act 348, Eff. Mar. 21, 2017





257.76d "Transportation network company rider" defined.

Sec. 76d.

    "Transportation network company rider" means that term as defined in section 2 of the limousine, taxicab, and transportation network company act.


History: Add. 2016, Act 348, Eff. Mar. 21, 2017





257.77 “Truck tractor” defined.

Sec. 77.

     "Truck tractor" means every motor vehicle designed and used primarily for drawing other vehicles, and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1985, Act 174, Imd. Eff. Dec. 2, 1985





257.78 “Used or second-hand vehicle” defined.

Sec. 78.

     "Used or second-hand vehicle" means any motor vehicle to which a certificate of title and license plates have been issued and which motor vehicle has been registered for use on the highways by a consumer or by a dealer.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1951, Act 238, Eff. Sept. 28, 1951





257.78a “Used vehicle parts dealer” or “used or secondhand vehicle parts dealer” defined.

Sec. 78a.

     "Used vehicle parts dealer" or "used or secondhand vehicle parts dealer" means a person engaged in the business of buying or otherwise dealing in vehicles for the purpose of dismantling the vehicles to sell used parts and remaining scrap metal or a person engaged in the business of buying, acquiring, selling, or otherwise dealing in salvageable parts.


History: Add. 1978, Act 507, Eff. July 1, 1979 ;-- Am. 1993, Act 300, Eff. Jan. 1, 1994





257.79 “Vehicle” defined.

Sec. 79.

     "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks and except, only for the purpose of titling and registration under this act, a mobile home as defined in section 2 of the mobile home commission act, Act No. 96 of the Public Acts of 1987, being section 125.2302 of the Michigan Compiled Laws.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1976, Act 439, Imd. Eff. Jan. 13, 1977 ;-- Am. 1978, Act 568, Eff. Jan. 6, 1979 ;-- Am. 1992, Act 134, Eff. Oct. 1, 1992





257.79a “Vehicle salvage pool” defined.

Sec. 79a.

     "Vehicle salvage pool" means a person engaged in the business of storing and displaying damaged or distressed vehicles as an agent or escrow agent of an insurance company.


History: Add. 1978, Act 507, Eff. July 1, 1979





257.79b “Vehicle scrap metal processor” defined.

Sec. 79b.

     "Vehicle scrap metal processor" means a dealer engaged in the business of buying or otherwise acquiring vehicles for the purpose of processing and selling the metal for remelting. A vehicle scrap metal processor shall not sell major components or other parts for vehicle repair purposes, unless the vehicle scrap metal processor first obtains a used or secondhand vehicle parts dealer license.


History: Add. 1978, Act 507, Eff. July 1, 1979





257.79c “Wrecker” defined.

Sec. 79c.

     "Wrecker" means a truck with a hoist, towing apparatus, or self-loading flatbed, or any combination of these items, permanently affixed to the truck, used to transport not more than 2 vehicles, except for a motor vehicle equipped with a fifth wheel or a motor vehicle that tows the second vehicle on a trailer.


History: Add. 1994, Act 95, Eff. June 1, 1994





257.79d “Work zone” defined.

Sec. 79d.

     "Work zone" means a portion of a street or highway that meets any of the following:
    (a) Is between a "work zone begins" sign and an "end road work" sign.
    (b) For construction, maintenance, or utility work activities conducted by a work crew and more than 1 moving vehicle, is between a "begin work convoy" sign and an "end work convoy" sign.
    (c) For construction, maintenance, surveying, or utility work activities conducted by a work crew and 1 moving or stationary vehicle exhibiting a rotating beacon or strobe light, is between the following points:
    (i) A point that is 150 feet behind the rear of the vehicle or that is the point from which the beacon or strobe light is first visible on the street or highway behind the vehicle, whichever is closer to the vehicle.
    (ii) A point that is 150 feet in front of the front of the vehicle or that is the point from which the beacon or strobe light is first visible on the street or highway in front of the vehicle, whichever is closer to the vehicle.


History: Add. 2003, Act 315, Eff. Apr. 8, 2004





257.79e "Wholesaler" defined.

Sec. 79e.

    "Wholesaler" means a person who is engaged in the business of selling used vehicles to or purchasing used vehicles from a licensed motor vehicle dealer and who does not sell or offer for sale motor vehicles of any classification to a person other than a licensed motor vehicle dealer.


History: Add. 2004, Act 495, Eff. Jan. 31, 2005
Compiler's Notes: Former MCL 257.79e, which pertained to definition of work zone, was repealed by Act 62 of 2004, Eff. Apr. 8, 2004.





257.79f "Boat lift" defined.

Sec. 79f.

    "Boat lift" means a vehicle owned and operated by a marina or watercraft dealer in a commercial boat storage operation with a framework designed to surround or straddle a boat and lift the boat from water or a storage space using a sling and hoisting mechanism. A boat lift shall be specifically designed for and used exclusively to transport a boat between a place of storage and a marina or in and around a marina. Boat lift does not include a boat trailer designed for normal or routine transportation of a watercraft.


History: Add. 2008, Act 539, Imd. Eff. Jan. 13, 2009





257.80 Tenses; definition.

Sec. 80.

     The present tense includes the past and future tenses; and the future, the present.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.81 Number and gender; definitions.

Sec. 81.

     The singular shall include the plural and the plural shall include the singular; the masculine shall include the feminine and neuter, as requisite.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.82 “Shall” and “may” defined.

Sec. 82.

     "Shall" and "may" means shall is mandatory and may is permissive.


History: 1949, Act 300, Eff. Sept. 23, 1949





257.83 "Specialty court", "specialty court program", and "specialty court interlock program" defined.

Sec. 83.

    As used in this act:
    (a) "Specialty court" or "specialty court program" means any of the following:
    (i) A drug treatment court, as that term is defined in section 1060 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060, in which the participant is an adult.
    (ii) A DWI/sobriety court, as that term is defined in section 1084 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1084.
    (iii) A hybrid of the programs under subparagraphs (i) and (ii).
    (iv) A mental health court, as that term is defined in section 1090 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1090.
    (v) A veterans treatment court, as that term is defined in section 1200 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1200.
    (b) "Specialty court interlock program" means a program as that term is defined in section 1084 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1084.
    
    


History: Add. 2020, Act 383, Eff. Mar. 24, 2021 ;-- Am. 2023, Act 125, Imd. Eff. Sept. 19, 2023



Rendered 10/15/2024 6:01 PM
Michigan Compiled Laws Complete Through PA 128 of 2024
Courtesy of legislature.mi.gov