September 9, 2004, Introduced by Reps. Gaffney, Stahl, Ward and Amos and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 217d, 226, 312a, 314, 314b, 675, 803e, 803f,
803i, 803j, 803k, 803l, 803n, and 803o (MCL 257.217d, 257.226,
257.312a, 257.314, 257.314b, 257.675, 257.803e, 257.803f,
257.803i, 257.803j, 257.803k, 257.803l, 257.803n, and 257.803o),
sections 217d and 226 as amended by 2003 PA 152, section 314 as
amended by 2002 PA 554, section 314b as amended by 1991 PA 99,
section 675 as amended by 2004 PA 151, section 803e as amended by
2003 PA 30, sections 803f and 803i as amended by 1998 PA 68,
sections 803j, 803k, 803n, and 803o as amended by 1999 PA 183,
and section 803l as amended by 2000 PA 77.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 217d. (1) The secretary of state shall design and may
2 issue a special congressional medal of honor registration plate
1 for residents of this state awarded the congressional medal of
2 honor.
3 (2) A special congressional medal of honor registration plate
4 shall be issued only for 1 vehicle intended for personal use by
5 the applicant.
6 (3) A person who is a recipient of the congressional medal of
7 honor may apply to the secretary of state for a special
8 registration plate under this section on a form prescribed by the
9 secretary of state, which shall be accompanied by any proof of
10 the applicant having been a congressional medal of honor
11 recipient that the secretary of state may require. The secretary
12 of state shall waive the $5.00 service fee requirement under
13 section 804.
14 (4) A person who qualifies to be issued a special
15 registration plate under this section is entitled to only 1
16 special registration plate issued under subsection (1) that is
17 exempt from payment of the tax provided in section 801.
18 (5) A person with disabilities who applies for a special
19 registration plate under this section shall be issued a tab for
20 persons with disabilities as provided in section 803f for his or
21 her special registration plate. The secretary of state shall
22 require the same proof that the applicant is disabled as is
23 required for issuance of a permanent windshield placard under
24 section 675.
25 (6) A special registration plate issued under subsection (1)
26 expires on the birthday
last day of the birth month of the
27 vehicle owner in a year in which new plates are issued by the
1 secretary of state.
2 (7) The secretary of state shall deliver or cause to be
3 delivered 1 or more special registration plates issued under this
4 section to the home address of the applicant at no additional
5 cost to the applicant.
6 (8) The secretary of state shall develop and, upon
7 application, may issue a Michigan veterans memorial registration
8 plate to an applicant for use on the passenger motor vehicle,
9 pickup truck, van, motor home, hearse, bus, trailer coach, or
10 trailer for which the registration plate is issued instead of a
11 standard registration plate. Michigan veterans memorial
12 registration plates shall bear letters and numbers that the
13 secretary of state prescribes. The plate shall be of a design as
14 determined by the secretary of state. The word "Michigan" shall
15 appear on each Michigan veterans memorial registration plate.
16 (9) An application for a Michigan veterans memorial
17 registration plate shall be submitted to the secretary of state
18 pursuant to the procedures prescribed in section 217.
19 Application for an original or renewal Michigan veterans memorial
20 registration plate shall be accompanied with payment of the
21 regular vehicle registration tax required under section
801 in
22 addition to the following:
23 (a) For an original Michigan veterans memorial registration
24 plate, a donation of $25.00 and a service fee of not more than
25 $10.00, as determined by the secretary of state. The $10.00
26 service fee shall be deposited in the transportation
27 administration collection fund created under section 810b.
1 (b) For a renewal Michigan veterans memorial registration
2 plate, a donation of $10.00.
3 (10) A Michigan veterans memorial registration plate shall
4 expire as described in section 226. Upon the issuance or renewal
5 of a Michigan veterans memorial registration plate, the secretary
6 of state may issue a tab or tabs designating the month and year
7 of expiration.
8 (11) The secretary of state may issue a temporary
9 registration permit to a person who submits an application and
10 the proper payments for a Michigan veterans memorial registration
11 plate if the applicant's current vehicle registration will expire
12 before his or her receipt of a Michigan veterans memorial
13 registration plate. The temporary registration shall expire upon
14 receipt of a Michigan veterans memorial registration plate or 60
15 days after the issuance of a Michigan veterans memorial
16 registration plate, whichever occurs first. The temporary permit
17 shall be issued without a separate fee.
18 (12) Michigan veterans memorial registration plate service
19 fees collected under this section by the secretary of state shall
20 be identified and segregated by the secretary of state into a
21 separate account. The secretary of state shall on a quarterly
22 basis transfer all of the donations to the state treasurer who
23 shall credit the donations to the Vietnam veterans memorial
24 monument fund created in section 3 of the Michigan Vietnam
25 veterans memorial act, 1988 PA 234, MCL 35.1053. These donations
26 shall be used exclusively for the purposes described in sections
27 5 and 7 of the Michigan Vietnam veterans memorial act, 1988 PA
1 234, MCL 35.1055 and 35.1057.
2 (13) For purposes of this section, "Michigan veterans
3 memorial registration plate" means a registration plate
4 containing a specialized design pertaining to Michigan veterans.
5 Sec. 226. (1) A vehicle registration issued by the
6 secretary of state expires on the last day of the owner's
7 birthday birth month, unless another expiration date is
8 provided for under this act or unless the registration is for the
9 following vehicles, in which case registration expires on the
10 last day of February:
11 (a) A commercial vehicle except for a commercial vehicle
12 issued a registration under the international registration plan
13 or a pickup truck or van owned by an individual.
14 (b) Except for a trailer or semitrailer issued a registration
15 under the international registration plan, a trailer or
16 semitrailer owned by a business, corporation, or person other
17 than an individual; or a pole trailer.
18 (2) The expiration date for a registration issued for a
19 motorcycle is March 31.
20 (3) The expiration date for a registration bearing the
21 letters "SEN" or "REP" is February 1.
22 (4) In the case of a vehicle owned by a business,
23 corporation, or an owner other than an individual, the secretary
24 of state may assign or reassign the expiration date of the
25 registration.
26 (5) The secretary of state shall do all of the following:
27 (a) After the October 1 immediately preceding the year
1 designated on the registration, issue a registration upon
2 application and payment of the proper fee for a commercial
3 vehicle, other than a pickup or van owned by an individual; or a
4 trailer owned by a business, corporation, or person other than an
5 individual.
6 (b) Beginning 60 days before the expiration date assigned on
7 an international registration plan registration plate, issue a
8 registration under section 801g upon application and payment of
9 the proper apportioned fee for a commercial vehicle engaged in
10 interstate commerce.
11 (c) After the February 14 immediately preceding the year
12 designated on a registration, issue a registration upon
13 application and payment of the proper fee for a motorcycle.
14 (d) Beginning 45 days before the owner's birthday and 120
15 days before the expiration date assigned by the secretary of
16 state, issue a registration for a vehicle other than those
17 designated in subsection (1)(a) or (b). However, if an owner
18 whose registration period begins 45 days before his or her
19 birthday will be out of the state during the 45 days immediately
20 preceding expiration of a registration or for other good cause
21 shown cannot apply for a renewal registration within the 45-day
22 period, application for a renewal registration may be made not
23 more than 6 months before expiration.
24 (6) Except as otherwise provided in this subsection, the
25 secretary of state, upon application and payment of the proper
26 fee, shall issue a registration for a vehicle to a resident that
27 shall expire on the last
day of the owner's birthday birth
1 month. If the owner's next birthday is at least 6 months but not
2 more than 12 months in the future, the owner shall receive a
3 registration valid until the last day of the owner's next
4 birthday birth month. If the owner's next birthday is
less
5 than 6 months in the future, the owner shall receive a
6 registration valid until
the last day of the owner's birthday
7 birth month following the
owner's next birthday birth month.
8 The tax required under this act for a registration described in
9 this subsection shall be either of the following:
10 (a) For an original registration, the tax shall bear the same
11 relationship to the tax required under section 801 for a 12-month
12 registration as the length of the registration bears to 12
13 months.
14 (b) For a renewal of a registration, either of the
15 following:
16 (i) For a registration that is for at least 6 months but not
17 more than 12 months, the same amount as for 12 months.
18 (ii) For a renewal of a registration that is for more than 12
19 months, 2 times the amount for 12 months. Partial months shall
20 be considered as whole months in the calculation of the required
21 tax and in the determination of the length of time between the
22 application for a registration and the last day of the owner's
23 next birthday birth
month. The tax required for that
24 registration shall be rounded off to whole dollars as provided in
25 section 801.
26 (7) A certificate of title shall remain valid until canceled
27 by the secretary of state for cause or upon a transfer of an
1 interest shown on the certificate of title.
2 (8) The secretary of state, upon request, shall issue special
3 registration for commercial vehicles, valid for 6 months after
4 the date of issue, if the full registration fee exceeds $50.00,
5 on the payment of 1/2 the full registration fee and a service
6 charge as enumerated in section 802(1).
7 (9) The secretary of state may issue a special registration
8 for each of the following:
9 (a) A new vehicle purchased or leased outside of this state
10 and delivered in this state to the purchaser or lessee by the
11 manufacturer of that vehicle for removal to a place outside of
12 this state, if a certification is made that the vehicle will be
13 primarily used, stored, and registered outside of this state and
14 will not be returned to this state by the purchaser or lessee for
15 use or storage.
16 (b) A vehicle purchased or leased in this state and delivered
17 to the purchaser or lessee by a dealer or by the owner of the
18 vehicle for removal to a place outside of this state, if a
19 certification is made that the vehicle will be primarily used,
20 stored, and registered outside of this state and will not be
21 returned to this state by the purchaser or lessee for use or
22 storage.
23 (10) A special registration issued under subsection (9) is
24 valid for not more than 14 days after the date of issuance, and a
25 fee shall be collected for each special registration as provided
26 in section 802(3). The special registration may be in the form
27 determined by the secretary of state. If a dealer makes a retail
1 sale or lease of a vehicle to a purchaser or lessee who is
2 qualified and eligible to obtain a special registration, the
3 dealer shall apply for the special registration for the purchaser
4 or lessee. If a person other than a dealer sells or leases a
5 vehicle to a purchaser or lessee who is qualified and eligible to
6 obtain a special registration, the purchaser or lessee shall
7 appear in person, or by a person exercising the purchaser's or
8 lessee's power of attorney, at an office of the secretary of
9 state and furnish a certification that the person is the bona
10 fide purchaser or lessee or that the person has granted the power
11 of attorney, together with other forms required for the issuance
12 of the special registration and provide the secretary of state
13 with proof that the vehicle is covered by a Michigan no-fault
14 insurance policy issued pursuant to section 3101 of the insurance
15 code of 1956, 1956 PA 218, MCL 500.3101, or proof that the
16 vehicle is covered by a policy of insurance issued by an insurer
17 pursuant to section 3163 of the insurance code of 1956, 1956
18 PA 218, MCL 500.3163. The certification required in this
19 subsection shall contain all of the following:
20 (a) The address of the purchaser or lessee.
21 (b) A statement that the vehicle is purchased or leased for
22 registration outside of this state.
23 (c) A statement that the vehicle shall be primarily used,
24 stored, and registered outside of this state.
25 (d) The name of the jurisdiction in which the vehicle is to
26 be registered.
27 (e) Other information requested by the secretary of state.
1 (11) Upon request, the secretary of state may issue a
2 registration valid for 6 months after the date of issuance for
3 use on a trailer or semitrailer weighing 1,500 pounds or less and
4 that is used for recreational purposes, upon payment of 1/2 the
5 full registration fee imposed under section 801(1)(l). This
6 subsection does not apply after October 1, 2003.
7 (12) In the case of a commercial vehicle, trailer, or
8 semitrailer issued a registration under the international
9 registration plan, the secretary of state in mutual agreement
10 with the owner may assign or reassign the expiration date of the
11 registration. However, the expiration date agreed to shall be
12 either March 31, June 30, September 30, or December 31. Renewals
13 expiring on or after September 30, 1993 shall be for a minimum of
14 at least 12 months if there is a change in the established
15 expiration date.
16 (13) The expiration date for a multiyear registration issued
17 for a leased vehicle shall be the date the lease expires but
18 shall not be for a period longer than 24 months.
19 Sec. 312a. (1) A person, before operating a motorcycle upon
20 a public street or highway in this state, shall procure a
21 motorcycle indorsement on the operator's or chauffeur's license.
22 The license shall be issued, suspended, revoked, canceled, or
23 renewed in accordance with and governed by this act.
24 (2) A person, before operating a moped upon a highway shall
25 procure a special restricted license to operate a moped unless
26 the person has a valid operator's or chauffeur's license. A
27 special restricted license to operate a moped may be issued to a
1 person 15 years of age or older if the person satisfies the
2 secretary of state that he is competent to operate a moped with
3 safety. The secretary of state shall not require a road test
4 before issuance of a special restricted license to operate a
5 moped.
6 (3) A special restricted license to operate a moped shall
7 expire on the birthday
last day of the birth month of the
8 person to whom it is issued in the fourth year following the date
9 of issuance. A license shall not be issued for a period longer
10 than 4 years. A person issued a license to operate a moped shall
11 pay $7.50 for an original license and $6.00 for a renewal
12 license. The money received and collected under this subsection
13 shall be deposited in the state treasury to the credit of the
14 general fund. The secretary of state shall refund out of the
15 fees collected to each county or municipality, acting as an
16 examining officer, $2.50 for each applicant examined for an
17 original license and $1.00 for a renewal license.
18 Sec. 314. (1) Except as otherwise provided in this section,
19 an operator's license
shall expire on the birthday last day of
20 the birth month of the person to whom the license is issued in
21 the fourth year following the date of the issuance of the license
22 unless suspended or revoked before that date or issued pursuant
23 to section 314b. A license shall not be issued for a period
24 longer than 4 years. A person holding a license at any time
25 within 45 days before the expiration of his or her license may
26 make application for a new license as provided for in this
27 chapter. However, a knowledge test for an original group
1 designation or indorsement may be taken at any time during this
2 period and the results shall be valid for 12 months. However, if
3 the licensee will be out of the state during the 45 days
4 immediately preceding expiration of the license or for other good
5 cause shown cannot apply for a license within the 45-day period,
6 application for a new license may be made not more than 6 months
7 before expiration of the license. This new license when granted
8 shall expire as provided for in this chapter.
9 (2) The first operator's license issued to a person who at
10 the time of application is less than 20-1/2 years of age shall
11 expire on the last day of the month of the licensee's
12 twenty-first birthday unless suspended or revoked. Until July 1,
13 2003, the secretary of state shall code the license in a manner
14 which clearly identifies the licensee as being less than 21 years
15 of age.
16 (3) The first chauffeur's license issued to a person shall
17 expire on the last day
of the licensee's birthday birth month
18 in the fourth year following the date of issuance unless the
19 license is suspended or revoked before that date or is issued
20 pursuant to section 314b. The chauffeur's license of a person
21 who at the time of application is less than 20-1/2 years of age
22 shall expire on the last day of the month of the licensee's
23 twenty-first birthday unless suspended or revoked. Until July 1,
24 2003, the secretary of state shall code the license in a manner
25 which clearly identifies the licensee as being less than 21 years
26 of age. A subsequent chauffeur's license shall expire on the
27 birthday last day of the birth month of the
person to whom the
1 license is issued in the fourth year following the date of
2 issuance of the license unless the license is suspended or
3 revoked before that date or is issued pursuant to section 314b.
4 (4) A person may apply for an extension of his or her driving
5 privileges if he or she is out of state on the date that his or
6 her operator's or chauffeur's license expires. The extension may
7 extend the license for 90 days beyond the expiration date or
8 within 2 weeks after the applicant returns to Michigan, whichever
9 occurs first.
10 (5) A person who will be out of state for more than 90 days
11 beyond the expiration date of his or her operator's license may
12 apply for a 2-year extension of his or her driving privileges.
13 The applicant for this extension shall submit a statement
14 evidencing a vision examination in accordance with the rules
15 promulgated by the secretary of state under section 309. The fee
16 for a 2-year extension shall be the same as provided in section
17 314b(2).
18 Sec. 314b. (1) The secretary of state may issue a 2-year
19 license which shall
expire on the birthday last day of the
20 birth month of the person to whom it is issued when a licensed
21 driver is charged in the 24 months immediately preceding the
22 expiration date of that person's current license with a total of
23 12 or more points as provided in section 320a, or has his or her
24 license suspended or revoked for a reason other than those
25 provided in section 321a, 515, or 801c in the 36 months
26 immediately preceding the expiration date of his or her current
27 license, or was convicted of any 6-point violation as provided in
1 section 320a or a violation of section 625(3) or former section
2 625b in the 36 months immediately preceding the expiration date
3 of his or her current license.
4 (2) A person issued a 2-year license shall pay the following
5 fees:
6 Operator's license renewal............... $ 6.00
7 Chauffeur's license renewal.............. 10.00
8 Motorcycle indorsement original.......... 6.00
9 Motorcycle indorsement renewal........... 5.00
10 Vehicle group designation................ 20.00
11 Vehicle indorsement...................... 5.00
12 (3) Two dollars of each renewal motorcycle indorsement fee
13 shall be placed in a motorcycle safety fund in the state treasury
14 and shall be used only for funding the motorcycle safety
15 education program as provided under sections 312b and 811a.
16 Sec. 675. (1) Except as otherwise provided in this section
17 and this chapter, a vehicle stopped or parked upon a highway or
18 street shall be stopped or parked with the wheels of the vehicle
19 parallel to the roadway and within 12 inches of any curb existing
20 at the right of the vehicle.
21 (2) A local authority may by ordinance permit parking of a
22 vehicle on a 1-way roadway with the vehicle's left wheels
23 adjacent to and within 12 inches of any curb existing at the left
24 of the vehicle.
25 (3) A local authority may by ordinance permit angle parking
26 on a roadway, except that angle parking shall not be permitted on
27 a state trunk line highway.
1 (4) The state transportation commission with respect to state
2 trunk line highways and the board of county road commissioners
3 with respect to county roads, acting jointly with the director of
4 the department of state police, may place signs prohibiting or
5 restricting the stopping, standing, or parking of vehicles on a
6 highway where in the opinion of the officials as determined by an
7 engineering survey, the stopping, standing, or parking is
8 dangerous to those using the highway or where the stopping,
9 standing, or parking of vehicles would unduly interfere with the
10 free movement of traffic on the highway or street. The signs
11 shall be official signs and a person shall not stop, stand, or
12 park a vehicle in violation of the restrictions stated on the
13 signs. The signs shall be installed only after a proper traffic
14 order is filed with the county clerk. Upon the application to
15 the state transportation commission by a home rule city affected
16 by an order, opportunity shall be given to the city for a hearing
17 before the state transportation commission, pursuant to the
18 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
19 24.328, except when an ordinance of the home rule city prohibits
20 or restricts the parking of vehicles on a state trunk line
21 highway; when the home rule city, by lawfully authorized official
22 action, requests the state transportation department to prohibit
23 or restrict parking on a state trunk line highway; or when the
24 home rule city enters into a construction agreement with the
25 state transportation department providing for the prohibition or
26 restriction of parking on a state trunk line highway during or
27 after the period of construction. Traffic control orders, so
1 long as they affect parking upon a state trunk line highway
2 within the corporate limits of a home rule city, are considered
3 "rules" within the meaning of the administrative procedures act
4 of 1969, 1969 PA 306, MCL 24.201 to 24.328, and upon application
5 for a hearing by a home rule city, the proceedings before the
6 state transportation commission shall be considered a "contested
7 case" within the meaning of that act.
8 (5) A disabled person may apply, on a form prescribed by the
9 secretary of state, for a serially numbered nontransferable
10 temporary or permanent windshield placard for the personal use of
11 the disabled person. An individual who has a religious objection
12 to having a medical examination may personally apply at a branch
13 office of the secretary of state for a serially numbered
14 nontransferable temporary or permanent windshield placard for the
15 personal use of the disabled individual. If it appears obvious
16 that the individual has a qualifying disability, the individual
17 shall not be required to present a medical statement attesting to
18 the disability. The application for and the issuance of the
19 serially numbered nontransferable temporary or permanent
20 windshield placard is subject to all of the following:
21 (a) The secretary of state may issue to a disabled person
22 with a temporary disability a temporary windshield placard that
23 is valid for a period of not more than 6 months.
24 (b) The secretary of state may issue to a disabled person
25 with a permanent disability an original or renewal permanent
26 windshield placard that is valid for at least 4 years.
27 (c) An original certificate of identification or permanent
1 windshield placard shall expire on the last day of the month of
2 the disabled person's fifth birthday after the date of issuance.
3 (d) A renewal permanent windshield placard shall expire on
4 the last day of the month of the disabled person's fourth
5 birthday after the date of renewal.
6 (e) A person holding a certificate of identification or
7 permanent windshield placard at any time within 45 days before
8 the expiration of his or her certificate or placard may make
9 application for a new or renewal placard as provided for in this
10 section. However, if the person will be out of state during the
11 45 days immediately preceding expiration of the certificate or
12 placard or for other good cause shown cannot apply for a placard
13 within the 45-day period, application for a new or renewal
14 placard may be made not more than 6 months before expiration of
15 the certificate or placard. A placard issued or renewed under
16 this subdivision shall expire as provided for in this
17 subsection.
18 (f) Upon application in the manner prescribed by the
19 secretary of state for replacement of a lost, stolen, or
20 destroyed certificate or placard described in this section, a
21 disabled person or organization that provides specialized
22 services to disabled persons may be issued a placard that in
23 substance duplicates the original certificate or placard for a
24 fee of $10.00.
25 (g) A certificate or placard described in this section may be
26 used by a person other than the disabled person for the sole
27 purpose of transporting the disabled person. An organization
1 that provides specialized services to disabled persons may apply
2 for and receive a permanent windshield placard to be used in any
3 motor vehicle actually transporting a disabled person. If the
4 organization ceases to transport disabled persons, the placard
5 shall be returned to the secretary of state for cancellation and
6 destruction.
7 (6) A disabled person with a certificate of identification,
8 windshield placard, special registration plates issued under
9 section 803d, a special registration plate issued under section
10 803f that has a tab for persons with disabilities attached, a
11 certificate of identification or windshield placard from another
12 state, or special registration plates from another state issued
13 for persons with disabilities is entitled to courtesy in the
14 parking of a vehicle. The courtesy shall relieve the disabled
15 person or the person transporting the disabled person from
16 liability for a violation with respect to parking, other than in
17 violation of this act. A local authority may by ordinance
18 prohibit parking on a street or highway to create a fire lane or
19 to provide for the accommodation of heavy traffic during morning
20 and afternoon rush hours, and the privileges extending to
21 veterans and physically disabled persons under this subsection do
22 not supersede that ordinance.
23 (7) Except as otherwise provided in subsection (24), an
24 application for an initial free parking sticker shall contain a
25 certification by a physician, physician assistant, or certified
26 nurse practitioner licensed to practice in this state attesting
27 to the nature and estimated duration of the applicant's disabling
1 condition and verifying that the applicant qualifies for a free
2 parking sticker. An individual who has a religious objection to
3 having a medical examination may personally apply at a branch
4 office of the secretary of state for an initial free parking
5 sticker. If it appears obvious that the individual is unable to
6 do 1 or more of the acts listed in subdivisions (a) to (d), the
7 individual shall not be required to present a certification by a
8 physician, a physician assistant, or a certified nurse
9 practitioner attesting to the nature and estimated duration of
10 the applicant's disabling condition or verifying that the
11 applicant qualifies for a free parking sticker. The applicant
12 qualifies for a free parking sticker if the applicant is a
13 licensed driver and the physician, physician assistant, or
14 certified nurse practitioner certifies or, if an individual is
15 not required to have a certification by a physician, a physician
16 assistant, or a certified nurse practitioner, it is obvious that
17 the applicant is unable to do 1 or more of the following:
18 (a) Manage, manipulate, or insert coins, or obtain tickets or
19 tokens in parking meters or ticket machines in parking lots or
20 parking structures, due to the lack of fine motor control of both
21 hands.
22 (b) Reach above his or her head to a height of 42 inches from
23 the ground, due to a lack of finger, hand, or upper extremity
24 strength or mobility.
25 (c) Approach a parking meter due to his or her use of a
26 wheelchair or other device.
27 (d) Walk more than 20 feet due to an orthopedic,
1 neurological, cardiovascular, or lung condition in which the
2 degree of debilitation is so severe that it almost completely
3 impedes the ability to walk.
4 (8) To be entitled to free parking in a metered space or in a
5 publicly owned parking structure or area, a vehicle must properly
6 display 1 of the following:
7 (a) A windshield placard bearing a free parking sticker
8 issued pursuant to this act.
9 (b) A valid certificate of identification issued before
10 October 1, 1994.
11 (c) A valid windshield placard issued by another state.
12 (d) A certificate of identification issued by another state.
13 (e) A license plate for persons with disabilities issued by
14 another state.
15 (f) A special registration plate with a tab for persons with
16 disabilities attached issued by another state.
17 (9) A vehicle that does not properly display 1 of the items
18 listed in subsection (8) is not entitled to free parking in a
19 metered parking space or in a publicly owned parking area or
20 structure, and the disabled person or vehicle operator shall pay
21 all parking fees and may be responsible for a civil infraction.
22 (10) Blindness that is not accompanied by an incapacity
23 described in subsection (7) does not entitle a person to a free
24 parking sticker.
25 (11) The secretary of state shall attach a free parking
26 sticker, in contrasting colors, to the windshield placard of a
27 person certified as having an incapacity described in subsection
1 (7).
2 (12) A windshield placard issued under this section shall be
3 displayed on the interior rearview mirror of the vehicle or, if
4 there is no interior rearview mirror, on the lower left corner of
5 the dashboard while the vehicle is parked or being parked by or
6 under the direction of a disabled person pursuant to this
7 section.
8 (13) A certificate of identification issued before February
9 11, 1992 shall be displayed on the lower left corner of the
10 dashboard of the parked vehicle.
11 (14) Upon conviction of an offense involving a violation of
12 the special privileges conferred upon a holder of a certificate
13 of identification, windshield placard, or free parking sticker, a
14 magistrate or judge trying the case, as a part of any penalty
15 imposed, may confiscate the serially numbered certificate of
16 identification, windshield placard, or free parking sticker and
17 return the confiscated item or items to the secretary of state
18 together with a certified copy of the sentence imposed. Upon
19 receipt of a certificate of identification, windshield placard,
20 or free parking sticker from a judge or magistrate, the secretary
21 of state shall cancel and destroy the certificate, placard, or
22 sticker, and the disabled person to whom it was issued shall not
23 receive another certificate, placard, or sticker until he or she
24 submits a completed application and presents a current medical
25 statement attesting to his or her condition. A law enforcement
26 officer who observes a misuse of a certificate of identification,
27 windshield placard, or free parking sticker may immediately
1 confiscate the certificate, placard, or sticker and forward it
2 with a copy of his or her report to the secretary of state.
3 (15) A person who intentionally makes a false statement of
4 material fact or commits or attempts to commit a deception or
5 fraud on a medical statement attesting to a disability, submitted
6 in support of an application for a certificate of identification,
7 windshield placard, free parking sticker, special registration
8 plate, or tab for persons with disabilities under this section,
9 section 803d, or section 803f, is guilty of a misdemeanor,
10 punishable by a fine of not more than $500.00 or imprisonment for
11 not more than 30 days, or both.
12 (16) A person who commits or attempts to commit a deception
13 or fraud by 1 or more of the following methods is guilty of a
14 misdemeanor punishable by a fine of not more than $500.00 or
15 imprisonment for not more than 30 days, or both:
16 (a) Using a certificate of identification, windshield
17 placard, or free parking sticker issued under this section or by
18 another state to provide transportation to a disabled person,
19 when the person is not providing transportation to a disabled
20 person.
21 (b) Altering, modifying, or selling a certificate of
22 identification, windshield placard, or free parking sticker
23 issued under this section or by another state.
24 (c) Copying or forging a certificate of identification,
25 windshield placard, or free parking sticker described in this
26 section or selling a copied or forged certificate, placard, or
27 sticker described in this section. In the case of a violation of
1 this subdivision, the fine described in this subsection shall be
2 not less than $250.00.
3 (d) Using a copied or forged certificate of identification,
4 windshield placard, or free parking sticker described in this
5 section.
6 (e) Making a false statement of material fact to obtain or
7 assist an individual in obtaining a certificate, placard, or
8 sticker described in this section, a special registration plate
9 under section 803d, or a tab for persons with disabilities under
10 section 803f.
11 (f) Knowingly using or displaying a certificate, placard, or
12 sticker described in this section that has been canceled by the
13 secretary of state.
14 (17) Except as otherwise provided in this section, a person
15 who violates this section is responsible for a civil infraction.
16 (18) A certificate of identification issued before October 1,
17 1994 and containing an expiration date is valid for free parking
18 in a space controlled or regulated by a meter on a public highway
19 or in a publicly owned parking area or structure when the time
20 for parking indicated on the meter has expired, or in a parking
21 space clearly identified by an official sign as being reserved
22 for use by disabled persons that is on public property or private
23 property available for public use, until the expiration date
24 printed on the certificate. The certificate expires and shall be
25 canceled on its expiration date.
26 (19) A certificate of identification issued before October 1,
27 1994 that does not contain an expiration date expires and shall
1 be canceled on October 1, 1994.
2 (20) A certificate of identification shall not be issued or
3 renewed by the secretary of state after October 1, 1994.
4 (21) The secretary of state may cancel, revoke, or suspend a
5 windshield placard, free parking sticker, or certificate of
6 identification under any of the following circumstances:
7 (a) The secretary of state determines that a windshield
8 placard, free parking sticker, or certificate of identification
9 was fraudulently or erroneously issued.
10 (b) The secretary of state determines that a person has made
11 or is making an unlawful use of his or her windshield placard,
12 free parking sticker, or certificate of identification.
13 (c) The secretary of state determines that a check or draft
14 used to pay the required fee is not paid on its first
15 presentation and is not paid upon reasonable notice or demand or
16 that the required fee is paid by an invalid credit card.
17 (d) The secretary of state determines that the person is no
18 longer eligible to receive or use a windshield placard, free
19 parking sticker, or certificate of identification.
20 (e) The secretary of state determines that the owner has
21 committed an offense under this act involving a windshield
22 placard, free parking sticker, or certificate of identification.
23 (f) A person has violated this act and the secretary of state
24 is authorized under this act to cancel, revoke, or suspend a
25 windshield placard, free parking sticker, or certificate of
26 identification for that violation.
27 (g) The secretary of state receives notice from another state
1 or foreign country that a windshield placard, free parking
2 sticker, or certificate of identification issued by the secretary
3 of state has been surrendered by the owner or seized in
4 conformity with the laws of that other state or foreign country,
5 or has been improperly used or displayed in violation of the laws
6 of that other state or foreign country.
7 (22) Before a cancellation, revocation, or suspension under
8 subsection (21), the person affected thereby shall be given
9 notice and an opportunity to be heard.
10 (23) A windshield placard issued to a disabled person shall
11 bear the first letter and the last 3 digits of the disabled
12 person's driver's or chauffeur's license number or the first
13 letter and the last 4 digits of the number on his or her official
14 state personal identification card issued under 1972 PA 222,
15 MCL 28.291 to 28.300.
16 (24) For purposes of this section only, the secretary of
17 state may accept an application for a windshield placard, special
18 registration plate, or free parking sticker from a disabled
19 person that is signed by a physician, physician assistant, or
20 certified nurse practitioner licensed or certified to practice in
21 another state if the application is accompanied by a copy of that
22 physician's, physician assistant's, or certified nurse
23 practitioner's current medical license or certification issued by
24 that state.
25 (25) This section does not require new or additional third
26 party reimbursement or worker's compensation benefits for
27 services rendered.
1 Sec. 803e. (1) A person who has been a prisoner of war or a
2 person whose spouse has been a prisoner of war may make
3 application to the secretary of state for a special registration
4 plate which shall be inscribed with special identification
5 numbers preceded by the letters "EX-POW" and shall have the words
6 "ex-prisoner of war" inscribed beneath the registration number.
7 (2) A person who was a member of the armed services during
8 World War I may make application to the secretary of state for a
9 special registration plate, which shall be inscribed with special
10 identification numbers preceded by the letters "WWI" and shall
11 have the words "World War I veteran" inscribed beneath the
12 registration number.
13 (3) A person who was a member of the armed services during
14 1941, stationed at a United States military or naval
15 establishment at Pearl Harbor in the Hawaiian islands, and who
16 survived the attack by Japan on Pearl Harbor on December 7, 1941
17 may make application to the secretary of state for a special
18 registration plate, which shall be inscribed with special
19 identification numbers and shall have the words "Pearl Harbor
20 survivor" inscribed beneath the registration number.
21 (4) A person who is a recipient of the purple heart medal may
22 make application to the secretary of state for a special
23 registration plate which shall be inscribed with special
24 identification numbers and shall have the words "combat wounded
25 veteran" inscribed beneath the registration number. In addition,
26 the special registration plate described under this subsection
27 shall be inscribed with a vignette of the official purple heart
1 medal.
2 (5) Application for a special registration plate shall be on
3 a form prescribed by the secretary of state, and shall be
4 accompanied by any proof of the applicant having been a prisoner
5 of war, World War I veteran, Pearl Harbor survivor, or recipient
6 of the purple heart medal that the secretary of state may
7 require. The application for a special registration plate shall
8 also be accompanied with payment of a $5.00 service fee.
9 (6) Upon proper application and payment of the $5.00 service
10 fee, the secretary of state shall issue 1 or more special
11 registration plates for each applicant for use on a passenger
12 vehicle. A person who is disabled who makes application for a
13 special registration plate under this section and who makes
14 payment of the $5.00 service fee shall be issued a tab for
15 persons with disabilities as provided in section 803f for his or
16 her special registration plate. The secretary of state shall
17 require the same proof that the applicant is a disabled person as
18 is required for issuance of a permanent windshield placard under
19 section 675. One person in any household is entitled to 1
20 special registration plate issued under subsection (1) that is
21 exempt from payment of the tax provided in section 801. The
22 person who is issued an additional special registration plate
23 under subsection (1) shall be assessed the applicable tax
24 provided for in section 801. A person issued 1 or more special
25 registration plates under subsection (2), (3), or (4) shall be
26 assessed the applicable tax provided in section 801.
27 (7) The use of a special registration plate on a vehicle
1 other than the vehicle for which the plate is issued, or by a
2 person who does not qualify under this section, is a
3 misdemeanor.
4 (8) The special registration plate issued under this section
5 expires on the birthday
last day of the birth month of the
6 vehicle owner in a year in which new plates are issued by the
7 secretary of state. Application for renewal of the special
8 registration plate shall be accompanied by a $5.00 service fee.
9 The applicant is not required to furnish the proof provided in
10 subsection (5).
11 Sec. 803f. (1) A person who is a totally disabled veteran
12 with an honorable discharge from the armed services may make an
13 application to the secretary of state if he or she owns a private
14 passenger motor vehicle, and the secretary of state may issue a
15 special registration plate which shall be inscribed with special
16 identification numbers preceded by the letters "DV" and shall
17 have the words "disabled veteran" inscribed beneath the
18 registration number. For the purposes of this section, "private
19 passenger motor vehicle" means a motor vehicle which is
20 personally owned by the disabled veteran and is used for the
21 primary purpose of transporting the disabled veteran and family
22 members of the disabled veteran, but does not include a motor
23 home.
24 (2) Application for the special registration plate shall be
25 on a form prescribed by the secretary of state, and shall be
26 accompanied by a service fee of $5.00 and proof that the
27 applicant was honorably discharged from the armed services and
1 either 1 of the following:
2 (a) That the applicant has been determined by the veterans'
3 administration of the federal government to have a
4 service-connected total or permanent total disability rating for
5 compensation.
6 (b) That the applicant has been determined to have a
7 service-connected total or permanent total disability rating and
8 is receiving disability retirement pay from a branch of the
9 uniformed armed services.
10 (3) A special registration issued under this section is
11 exempt from payment of the tax provided in section 801.
12 (4) The special registration plate shall expire on the
13 birthday last day of the birth month of the disabled
veteran in
14 a year in which new plates are issued by the secretary of state.
15 Application for renewal of the special registration plate shall
16 be accompanied by a $5.00 service fee. The applicant shall not
17 be required to furnish the proof provided in subsection (2).
18 (5) The secretary of state may issue to a disabled person who
19 has been issued a special registration plate under this section a
20 tab for persons with disabilities. The tab for persons with
21 disabilities shall be an adhesive tab displaying the
22 international wheelchair symbol or a reasonable facsimile of that
23 symbol. The tab for persons with disabilities may be attached
24 only to the special registration plate issued to the disabled
25 person under this section.
26 (6) An application for a tab for persons with disabilities
27 shall be on a form prescribed by the secretary of state. The
1 secretary of state shall require the same proof that the
2 applicant is a disabled person as is required for issuance of a
3 permanent windshield placard under section 675.
4 (7) The tab for persons with disabilities shall be issued
5 free of charge.
6 (8) When a disabled person who has been issued a tab for
7 persons with disabilities renews his or her special registration
8 plate under this section, the secretary of state shall issue a
9 new tab for persons with disabilities to the disabled person,
10 free of charge. The disabled person shall not be required to
11 again furnish the proof required under subsection (6).
12 (9) The use of the special registration plate or a tab for
13 persons with disabilities on a motor vehicle other than the motor
14 vehicle for which the special registration plate is issued, or by
15 a person who does not qualify under this section, is a
16 misdemeanor.
17 Sec. 803i. (1) A person who was or is a member of the
18 national guard may apply to the secretary of state for a special
19 registration plate, which shall display an appropriate vignette
20 preceding the registration numbers and shall have the words
21 "national guard" inscribed beneath the registration numbers.
22 (2) A person who was or is a member of the military reserve
23 may apply to the secretary of state for a special registration
24 plate, which shall display an appropriate vignette preceding the
25 registration numbers.
26 (3) A person who was a member of any branch of the armed
27 services of the United States, who has retired or been granted an
1 honorable discharge from that branch of the armed forces, and who
2 is not otherwise eligible for a special registration plate under
3 this act may apply to the secretary of state for a special
4 registration plate which shall display an appropriate vignette
5 preceding the registration numbers.
6 (4) Application for a special registration plate shall be on
7 a form prescribed by the secretary of state and shall be
8 accompanied by any proof of the applicant being or having been a
9 member of the national guard or military reserve or a member of
10 any branch of the armed services of the United States as
11 described in subsection (3) that the secretary of state may
12 require. The application for a special registration plate shall
13 also be accompanied with payment of a $5.00 service fee.
14 (5) Upon proper application and payment of the $5.00 service
15 fee, the secretary of state shall issue 1 or more special
16 registration plates for each applicant for use on a passenger
17 vehicle. A person who is disabled who applies for a special
18 registration plate under this section and who pays the $5.00
19 service fee shall be issued a tab for persons with disabilities
20 as provided in section 803f for his or her special registration
21 plate. The secretary of state shall require the same proof that
22 the applicant is a disabled person as is required for issuance of
23 a permanent windshield placard under section 675. A person
24 issued 1 or more special registration plates under
25 subsection (1), (2), or (3) shall be assessed the applicable tax
26 provided in section 801.
27 (6) The use of a special registration plate on a vehicle
1 other than the vehicle for which the plate is issued, or by a
2 person who does not qualify under this section, is a
3 misdemeanor.
4 (7) The special registration plate issued under this section
5 shall expire on the birthday
last day of the birth month of the
6 vehicle owner. When new plates are issued by the secretary of
7 state, application for renewal of the special registration plate
8 shall be accompanied by a $5.00 service fee. The applicant shall
9 not be required to furnish the proof provided in subsection (4).
10 Sec. 803j. (1) A person who was a member of the armed
11 services or a person whose spouse was a member of the armed
12 forces during the Korean War may make application to the
13 secretary of state for a special registration plate, which shall
14 display an appropriate vignette preceding the registration
15 numbers and shall have the word "veteran" inscribed beneath the
16 registration numbers.
17 (2) Application for a special registration plate shall be on
18 a form prescribed by the secretary of state, and shall be
19 accompanied by any proof of the applicant or the applicant's
20 spouse having been a Korean War veteran that the secretary of
21 state may require. The application for a special registration
22 plate shall also be accompanied with payment of a $5.00 service
23 fee.
24 (3) Upon proper application and payment of the $5.00 service
25 fee, the secretary of state shall issue 1 or more special
26 registration plates for each applicant for use on a passenger
27 vehicle. A person who is disabled who makes application for a
1 special registration plate under this section and who makes
2 payment of the $5.00 service fee shall be issued a tab for
3 persons with disabilities as provided in section 803f for his or
4 her special registration plate. The secretary of state shall
5 require the same proof that the applicant is a disabled person as
6 is required for issuance of a permanent windshield placard under
7 section 675. A person issued 1 or more special registration
8 plates under subsection (1) shall be assessed the applicable tax
9 provided in section 801.
10 (4) The use of a special registration plate on a vehicle
11 other than the vehicle for which the plate is issued, or by a
12 person who does not qualify under this section, is a
13 misdemeanor.
14 (5) The special registration plate issued under this section
15 shall expire on the birthday
last day of the birth month of the
16 vehicle owner. When new plates are issued by the secretary of
17 state, application for renewal of the special registration plate
18 shall be accompanied by a $5.00 service fee. The applicant shall
19 not be required to furnish the proof provided in subsection (2).
20 Sec. 803k. (1) A person who was a member of the armed
21 services during the Vietnam War or a person whose spouse was a
22 member of the armed services during the Vietnam War may make
23 application to the secretary of state for a special registration
24 plate, which shall display an appropriate vignette preceding the
25 registration numbers and shall have the word "veteran" inscribed
26 beneath the registration numbers.
27 (2) Application for a special registration plate shall be on
1 a form prescribed by the secretary of state, and shall be
2 accompanied by any proof of the applicant or applicant's spouse
3 having been a Vietnam War veteran that the secretary of state may
4 require. The application for a special registration plate shall
5 also be accompanied with payment of a $5.00 service fee.
6 (3) Upon proper application and payment of the $5.00 service
7 fee, the secretary of state shall issue 1 or more special
8 registration plates for each applicant for use on a passenger
9 vehicle. A person who is disabled who makes application for a
10 special registration plate under this section and who makes
11 payment of the $5.00 service fee shall be issued a tab for
12 persons with disabilities as provided in section 803f for his or
13 her special registration plate. The secretary of state shall
14 require the same proof that the applicant is a disabled person as
15 is required for issuance of a permanent windshield placard under
16 section 675. A person issued 1 or more special registration
17 plates under subsection (1) shall be assessed the applicable tax
18 provided in section 801.
19 (4) The use of a special registration plate on a vehicle
20 other than the vehicle for which the plate is issued, or by a
21 person who does not qualify under this section, is a
22 misdemeanor.
23 (5) The special registration plate issued under this section
24 shall expire on the birthday
last day of the birth month of the
25 vehicle owner. When new plates are issued by the secretary of
26 state, application for renewal of the special registration plate
27 shall be accompanied by a $5.00 service fee. The applicant shall
1 not be required to furnish the proof provided in subsection (2).
2 Sec. 803l. (1) A person who was a member of the armed
3 services during World War II or a person whose spouse was a
4 member of the armed services during World War II may make
5 application to the secretary of state for a special registration
6 plate, which shall display an appropriate vignette preceding the
7 registration numbers and shall have the word "veteran" inscribed
8 beneath the registration numbers.
9 (2) Application for a special registration plate shall be on
10 a form prescribed by the secretary of state, and shall be
11 accompanied by any proof of the applicant or applicant's spouse
12 having been a World War II veteran that the secretary of state
13 may require. The application for a special registration plate
14 shall also be accompanied with payment of a $5.00 service fee.
15 (3) Upon proper application and payment of the $5.00 service
16 fee, the secretary of state shall issue 1 special registration
17 plate for each applicant for use on a passenger vehicle. A
18 person who is disabled who makes application for a special
19 registration plate under this section and who makes payment of
20 the $5.00 service fee shall be issued a tab for persons with
21 disabilities as provided in section 803f for his or her special
22 registration plate. The secretary of state shall require the
23 same proof that the applicant is a disabled person as is required
24 for issuance of a permanent windshield placard under section
25 675. A person issued a special registration plate under
26 subsection (1) shall be assessed the applicable tax provided in
27 section 801.
1 (4) The use of a special registration plate on a vehicle
2 other than the vehicle for which the plate is issued, or by a
3 person who does not qualify under this section, is a
4 misdemeanor.
5 (5) The special registration plate issued under this section
6 shall expire on the birthday
last day of the birth month of the
7 vehicle owner. When new plates are issued by the secretary of
8 state, application for renewal of the special registration plate
9 shall be accompanied by a $5.00 service fee. The applicant shall
10 not be required to furnish the proof provided in subsection (2).
11 Sec. 803n. (1) A person who was a member or a person whose
12 spouse was a member of the Michigan national guard, the United
13 States armed forces reserve, or any branch of the armed services
14 of the United States and who was called to active duty during the
15 Persian Gulf War may apply to the secretary of state for a
16 special registration plate, which shall display an appropriate
17 vignette preceding the registration numbers and shall have the
18 word "veteran" inscribed beneath the registration numbers.
19 (2) A person who was a member or a person whose spouse was a
20 member of the armed services during the conflict in Grenada, the
21 conflict in Panama, or the conflict in Lebanon may apply to the
22 secretary of state for a special registration plate, which shall
23 display an appropriate vignette preceding the registration
24 numbers and shall have the word "veteran" inscribed beneath the
25 registration numbers.
26 (3) Application for a special registration plate shall be on
27 a form prescribed by the secretary of state, and shall be
1 accompanied by any proof of the applicant or applicant's spouse
2 having been a war or conflict veteran that the secretary of state
3 may require. The application for a special registration plate
4 shall also be accompanied with payment of a $5.00 service fee.
5 (4) Upon proper application and payment of the $5.00 service
6 fee, the secretary of state shall issue 1 or more special
7 registration plates for each applicant for use on a passenger
8 vehicle. A person who is disabled who applies for a special
9 registration plate under this section and who pays the $5.00
10 service fee shall be issued a tab for persons with disabilities
11 as provided in section 803f for his or her special registration
12 plate. The secretary of state shall require the same proof that
13 the applicant is a disabled person as is required for issuance of
14 a permanent windshield placard under section 675. A person
15 issued 1 or more special registration plates under subsection (1)
16 or (2) shall be assessed the applicable tax provided in
17 section 801.
18 (5) The use of a special registration plate on a vehicle
19 other than the vehicle for which the plate is issued, or by a
20 person who does not qualify under this section, is a
21 misdemeanor.
22 (6) The special registration plate issued under this section
23 shall expire on the birthday
last day of the birth month of the
24 vehicle owner. When new plates are issued by the secretary of
25 state, application for renewal of the special registration plate
26 shall be accompanied by a $5.00 service fee. The applicant shall
27 not be required to furnish the proof provided in subsection (3).
1 Sec. 803o. (1) On and after December 18, 1992, a person who
2 was a member or a person whose spouse was a member of the
3 Michigan national guard, the United States armed forces reserve,
4 or any branch of the armed services of the United States and who
5 was called to active duty during a declared war or an armed
6 conflict in which the United States was a participant may apply
7 to the secretary of state for a special registration plate, which
8 shall display an appropriate vignette preceding the registration
9 numbers and shall have the word "veteran" inscribed beneath the
10 registration numbers.
11 (2) Application for a special registration plate shall be on
12 a form prescribed by the secretary of state, and shall be
13 accompanied by any proof of the applicant or applicant's spouse
14 having been a veteran of a declared war or an armed conflict in
15 which the United States was a participant that the secretary of
16 state may require. The application for a special registration
17 plate shall also be accompanied with payment of a $5.00 service
18 fee.
19 (3) Upon proper application and payment of the $5.00 service
20 fee, the secretary of state shall issue 1 or more special
21 registration plates for each applicant for use on a passenger
22 vehicle. A person who is disabled who applies for a special
23 registration plate under this section and who pays the $5.00
24 service fee shall be issued a tab for persons with disabilities
25 as provided in section 803f for his or her special registration
26 plate. The secretary of state shall require the same proof that
27 the applicant is a disabled person as is required for issuance of
1 a permanent windshield placard under section 675. A person
2 issued 1 or more special registration plates under subsection (1)
3 shall be assessed the applicable tax provided in section 801.
4 (4) The use of a special registration plate on a vehicle
5 other than the vehicle for which the plate is issued, or by a
6 person who does not qualify under this section, is a
7 misdemeanor.
8 (5) The special registration plate issued under this section
9 shall expire on the birthday
last day of the birth month of the
10 vehicle owner. When new plates are issued by the secretary of
11 state, application for renewal of the special registration plate
12 shall be accompanied by a $5.00 service fee. The applicant shall
13 not be required to furnish the proof provided in subsection (2).