Michigan 2025-2026 Regular Session

Michigan Senate Bill SB0216 Compare Versions

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11 SENATE BILL NO. 216 A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 320a, 601c, and 653a (MCL 257.303, 257.320a, 257.601c, and 257.653a), section 303 as amended by 2024 PA 42, section 320a as amended by 2023 PA 39, section 601c as added by 2001 PA 103, and section 653a as amended by 2018 PA 349, and by adding sections 79g and 79h; and to repeal acts and parts of acts. the people of the state of michigan enact:
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33 SENATE BILL NO. 216
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55 A bill to amend 1949 PA 300, entitled
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77 "Michigan vehicle code,"
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99 by amending sections 303, 320a, 601c, and 653a (MCL 257.303, 257.320a, 257.601c, and 257.653a), section 303 as amended by 2024 PA 42, section 320a as amended by 2023 PA 39, section 601c as added by 2001 PA 103, and section 653a as amended by 2018 PA 349, and by adding sections 79g and 79h; and to repeal acts and parts of acts.
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1111 the people of the state of michigan enact:
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1313 1 Sec. 79g. (1) "Vulnerable roadway user" means any of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 following: (a) A pedestrian. (b) An individual using any of the following: (i) Roller skates. (ii) Inline skates. (iii) A nonmotorized scooter. (iv) A nonmotorized skateboard. (v) A wheelchair. (c) An individual riding an equine or driving or riding an equine-drawn carriage. (d) An individual operating or riding a vulnerable transportation device in compliance with this act. (e) A United States Postal Service employee or contractor operating a vehicle on that individual's rural postal route in the course of delivering mail or parcels. (2) As used in this section, "equine" means a horse, pony, donkey, mule, or hinny. Sec. 79h. "Vulnerable transportation device" means a device in, on, or by which an individual is or may be transported or drawn on a highway or street by human power, or by an electrical propulsion system with a power of not greater than 750 watts or 1 horsepower and a maximum speed on a paved level surface of not more than 30 miles per hour. Vulnerable transportation device includes, but is not limited to, all of the following: (a) An electric personal assistive mobility device as that term is defined in section 13c. (b) An electric bicycle as that term is defined in section 13e. (c) An electric skateboard as that term is defined in section 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 13f. (d) A bicycle as that term is defined in section 4. Sec. 303. (1) The secretary of state shall not issue a license under this act to any of the following individuals: (a) An individual, as an operator, who is less than 18 years of age, except as otherwise provided in this act. (b) An individual, as a chauffeur, who is less than 18 years of age, except as otherwise provided in this act. (c) An individual whose license is suspended, revoked, denied, or canceled in any state. If the suspension, revocation, denial, or cancellation is not from the jurisdiction that issued the last license to the individual, the secretary of state may issue a license after the expiration of 5 years from the effective date of the most recent suspension, revocation, denial, or cancellation. (d) An individual who in the opinion of the secretary of state is afflicted with or suffering from a physical or mental disability or disease that prevents the individual from exercising reasonable and ordinary control over a motor vehicle while operating the motor vehicle on the highways. (e) An individual who is unable to understand highway warning or direction signs in the English language. (f) An individual who is unable to pass a knowledge, skill, or ability test administered by the secretary of state in connection with issuing an original operator's or chauffeur's license, original motorcycle indorsement, endorsement, or an original or renewal of a vehicle group designation or vehicle indorsement.endorsement. (g) A nonresident, including, but not limited to, a foreign exchange student. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 (h) An individual who has failed to answer a citation or notice to appear in court or for any matter pending or fails to comply with an order or judgment of the court, including, but not limited to, paying all fines, costs, fees, and assessments, in violation of section 321a, until that individual answers the citation or notice to appear in court or for any matter pending or complies with an order or judgment of the court, including, but not limited to, paying all fines, costs, fees, and assessments, as provided under section 321a. (i) An individual not licensed under this act who has been convicted of, has received a juvenile disposition for, or has been determined responsible for a crime or civil infraction described in section 319, 324, or 904. An individual shall must be denied a license under this subdivision for the length of time corresponding to the period of the licensing sanction that would have been imposed under section 319, 324, or 904 if the individual had been licensed at the time of the violation. (j) An individual not licensed under this act who is determined to have violated section 624a or 624b. The individual shall must be denied a license under this subdivision for a period of time that corresponds to the period of the licensing sanction that would have been imposed under those sections had the individual been licensed at the time of the violation. (k) An individual whose commercial driver license application is canceled under section 324(2). (l) Unless otherwise eligible under section 307(1), an individual who is not a citizen of the United States. (2) On receiving the appropriate records of conviction, the secretary of state shall revoke the operator's or chauffeur's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 license of an individual and deny issuance of an operator's or chauffeur's license to an individual who has any of the following, whether under a law of this state, a local ordinance that substantially corresponds to a law of this state, a law of another state that substantially corresponds to a law of this state, or, beginning October 31, 2010, a law of the United States that substantially corresponds to a law of this state: (a) Any combination of 2 convictions within 7 years for reckless driving in violation of section 626 before October 31, 2010 or, beginning October 31, 2010, 626(2). (b) Any combination of 2 or more convictions within 7 years for any of the following: (i) A felony in which a motor vehicle was used. (ii) A violation or attempted violation of section 601b(2) or (3), section 601c(1), or (2), (3), or (4), section 602a(4) or (5), section 617, section 653a(3) or (4), or section 904(4) or (5). (iii) Negligent homicide, manslaughter, or murder that results from the operation of a vehicle or an attempt to commit any of those crimes. (iv) A violation or attempted violation of section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a. (c) Any combination of 2 convictions within 7 years for any of the following or a combination of 1 conviction for a violation or attempted violation of section 625(6) and 1 conviction for any of the following within 7 years: (i) A violation or attempted violation of section 625, except a violation of section 625(2), or a violation of any prior enactment of section 625 in which the defendant operated a vehicle while under the influence of intoxicating or alcoholic liquor or a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content. (ii) A violation or attempted violation of section 625m. (iii) A violation or attempted violation of former section 625b. (d) One conviction for a violation or attempted violation of section 315(5), section 601b(3), section 601c(2), 601c(3) or (4), section 602a(4) or (5), section 617, section 625(4) or (5), section 653a(4), section 904(4) or (5), or, beginning October 31, 2010, section 626(3) or (4). (e) One conviction of negligent homicide, manslaughter, or murder that results from the operation of a vehicle or an attempt to commit any of those crimes. (f) One conviction for a violation or attempted violation of section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a. (g) Any combination of 3 convictions within 10 years for any of the following or 1 conviction for a violation or attempted violation of section 625(6) and any combination of 2 convictions for any of the following within 10 years, if any of the convictions resulted from an arrest on or after January 1, 1992: (i) A violation or attempted violation of section 625, except a violation of section 625(2), or a violation of any prior enactment of section 625 in which the defendant operated a vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content. (ii) A violation or attempted violation of section 625m. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 (iii) A violation or attempted violation of former section 625b. (3) The secretary of state shall revoke a license under subsection (2) notwithstanding a court order unless the court order complies with section 323. (4) Except as otherwise provided under section 304, the secretary of state shall not issue a license under this act to an individual whose license has been revoked under this act or revoked and denied under subsection (2) until all of the following occur, as applicable: (a) The later of the following: (i) The expiration of not less than 1 year after the license was revoked or denied. (ii) The expiration of not less than 5 years after the date of a subsequent revocation or denial occurring within 7 years after the date of any prior revocation or denial. (b) For a denial under subsection (2)(a), (b), (c), and (g), the individual rebuts by clear and convincing evidence the presumption that results from the prima facie evidence that the individual is a habitual offender. The convictions that resulted in the revocation and denial constitute prima facie evidence that the individual is a habitual offender. (c) The individual meets the requirements of the department. (5) The secretary of state shall deny issuing a vehicle group designation to an individual under either of the following circumstances: (a) The individual has been disqualified by the United States Secretary of Transportation from operating a commercial motor vehicle. (b) Beginning on and after January 30, 2012, the individual 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 does not meet the requirements of the federal regulations under 49 CFR parts 383 and 391 by refusing to certify the type of commercial motor vehicle operation the individual intends to perform and, if required, fails to present to the secretary of state a valid medical certification. (6) Multiple convictions or civil infraction determinations that result from the same incident must be treated as a single violation for purposes of denial or revocation of a license under this section. (7) As used in this section, "felony in which a motor vehicle was used" means a felony during the commission of which the individual operated a motor vehicle and while operating the vehicle presented real or potential harm to individuals or property and 1 or more of the following circumstances existed: (a) The vehicle was used as an instrument of the felony. (b) The vehicle was used to transport a victim of the felony. (c) The vehicle was used to flee the scene of the felony. (d) The vehicle was necessary for the commission of the felony. Sec. 320a. (1) Within Not later than 5 days after receipt of a properly prepared abstract from a court of this state or another state, the secretary of state shall record the date of conviction, civil infraction determination, or probate court disposition, and the number of points for each, based on the following formula, except as otherwise provided in this section and section 629c: (a) Manslaughter, negligent homicide, or a felony resulting from the operation of a motor vehicle, ORV, or snowmobile 6 points 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) A violation of section 601b(2) or (3), 601c(1), or (2), (3), or (4), or 653a(3) or (4) or, beginning October 31, 2010, a violation of section 601d 6 points (c) A violation of section 625(1), (4), (5), (7), or (8), section 81134 or 82127(1) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81134 and 324.82127, or a law or ordinance substantially corresponding to section 625(1), (4), (5), (7), or (8), or section 81134 or 82127(1) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81134 and 324.82127 6 points (d) Failing to stop and disclose identity at the scene of an accident when required by law 6 points (e) Operating a motor vehicle in violation of section 626 6 points (f) Fleeing or eluding an officer 6 points (g) A violation of section 627(6) pertaining to speed in a work zone described in that section by exceeding the lawful maximum by more than 15 miles per hour 5 points (h) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 15 miles per hour 4 points (i) A violation of section 625(3) or (6), section 82127(3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82127, or a law or ordinance substantially corresponding to section 625(3) or (6) or section 82127(3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82127 4 points 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (j) A violation of section 626a or a law or ordinance substantially corresponding to section 626a 4 points (k) A violation of section 627(6) pertaining to speed in a work zone described in that section by exceeding the lawful maximum by more than 10 but not more than 15 miles per hour 4 points (l) Beginning October 31, 2010, a moving violation resulting in an at-fault collision with another vehicle, an individual, or any other object 4 points (m) Careless driving in violation of section 626b or a law or ordinance substantially corresponding to section 626b 3 points (n) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 10 miles per hour but not more than 15 miles per hour 3 points (o) A violation of section 653a(2) 2 points (p) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 5 miles per hour but not more than 10 miles per hour 2 points (q) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 1 mile per hour but not more than 5 miles per hour 1 point (r) Disobeying a traffic signal or stop sign, or improper passing 3 points (s) A violation of section 624a, 624b, or a law or ordinance substantially corresponding to section 624a or 624b 2 points 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 (t) A violation of section 310e(4) or (6) or a law or ordinance substantially corresponding to section 310e(4) or (6) 2 points (u) All other moving violations pertaining to the operation of motor vehicles reported under this section 2 points (v) A refusal by an individual less than 21 years of age to submit to a preliminary breath test required by a peace officer under section 625a 2 points (w) A violation of section 627(6) pertaining to speed in a work zone described in that section by exceeding the lawful maximum by 10 miles per hour or less 3 points (x) A third or subsequent violation of section 602b 2 points (y) A second violation of section 602b 1 point (2) Points must not be entered for a violation of section 310e(14), 311, 602c, 625m, 658, 710d, 717, 719, 719a, or 723. (3) Points must not be entered for bond forfeitures. (4) Points must not be entered for overweight loads or for defective equipment. (5) If more than 1 conviction, civil infraction determination, or probate court disposition results from the same incident, points must be entered only for the violation that receives the highest number of points under this section. (6) If an individual has accumulated 9 points as provided in this section, the secretary of state may call the individual in for an interview as to the individual's driving ability and record after due notice as to time and place of the interview. If the individual fails to appear as provided in this subsection, the secretary of state shall add 3 points to the individual's record. (7) If an individual violates a speed restriction established 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 by an executive order issued during a state of energy emergency as provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of state shall enter points for the violation under subsection (1). (8) The secretary of state shall enter 6 points upon the record of an individual whose license is suspended or denied under section 625f. However, if a conviction, civil infraction determination, or probate court disposition results from the same incident, additional points for that offense must not be entered. (9) If a Michigan driver commits a violation in another state that would be a civil infraction if committed in this state, and a conviction results solely because of the failure of the Michigan driver to appear in that state to contest the violation, upon receipt of the abstract of conviction by the secretary of state, the violation must be noted on the Michigan driver's record, but points must not be assessed against the Michigan driver license. Sec. 601c. (1) A person An individual who commits a moving violation that has criminal penalties and as a result causes injury to a person vulnerable roadway user who is in compliance with this act or an individual operating an implement of husbandry on a highway in compliance with this act is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. (2) An individual who commits a moving violation and as a result causes a serious injury requiring inpatient treatment at a hospital or post-acute rehabilitation facility to a vulnerable roadway user who is in compliance with this act or an individual operating an implement of husbandry on a highway in compliance with this act is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 (3) An individual who commits a moving violation and as a result causes death to a vulnerable roadway user who is in compliance with this act is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $7,500.00, or both. (4) (2) A person An individual who commits a moving violation that has criminal penalties and as a result causes death to a person an individual operating an implement of husbandry on a highway in compliance with this act is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $7,500.00, or both. (5) This section does not prohibit an individual from being charged with, convicted of, or punished for a violation of any other law committed by the individual while violating this section, except for a violation of section 626(4). (6) (3) As used in this section: , "moving (a) "Hospital" means that term as defined in section 20106 of the public health code, 1978 PA 368, MCL 333.20106. (b) "Moving violation" means an act or omission prohibited under this act or a local ordinance substantially corresponding to this act that occurs while a person an individual is operating a motor vehicle, and for which the person individual is subject to a fine. (c) "Serious injury" means that term as defined in section 602a. Sec. 653a. (1) Upon approaching and passing a stationary authorized emergency vehicle that is giving a visual signal by means of flashing, rotating, or oscillating red, blue, white, or amber, or green lights as permitted by section 698, or by means of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 front and rear warning lamps as permitted by section 698a, the driver of an approaching vehicle shall exhibit due care and caution, as required under the following: (a) On any public roadway with at least 2 adjacent lanes proceeding in the same direction of the stationary authorized emergency vehicle, the driver of the approaching vehicle shall proceed with caution, reduce his or her the vehicle's speed by at least 10 miles per hour below the posted speed limit, and yield the right-of-way by moving into a lane at least 1 moving lane or 2 vehicle widths apart from the stationary authorized emergency vehicle, unless directed otherwise by a police officer. If movement to an adjacent lane or 2 vehicle widths apart is not possible due to weather, road conditions, or the immediate presence of vehicular or pedestrian traffic in parallel moving lanes, the driver of the approaching vehicle shall proceed as required in subdivision (b). (b) On any public roadway that does not have at least 2 adjacent lanes proceeding in the same direction as the stationary authorized emergency vehicle, or if the movement by the driver of the vehicle into an adjacent lane or 2 vehicle widths apart is not possible as described in subdivision (a), the approaching vehicle driver shall proceed with due care and caution and reduce his or her the vehicle's speed by at least 10 miles per hour below the posted speed limit, or as directed by a police officer. (2) Except as provided in this subsection and subsections (3) and (4), a person who violates this section is guilty of a misdemeanor punishable by a fine of not more than $500.00 or imprisonment for not more than 90 days, or both. Beginning 60 days after the effective date of the amendatory act that amended this subsection, except as provided in subsections (3) and (4), a person 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 an individual who violates this section is responsible for a civil infraction and shall must be ordered to pay a civil fine of $400.00.as follows: (a) For an individual who violates this section except as described in subdivision (b), $400.00. (b) For an individual who violates this section and the stationary vehicle is an authorized emergency vehicle with a police officer, firefighter, or other emergency response personnel present, $750.00. (3) A person An individual who violates this section and causes injury to a police officer, firefighter, or other emergency response personnel in the immediate area of the a stationary authorized emergency vehicle is guilty of a felony punishable by a fine of not more than $1,000.00 or imprisonment for not more than 2 years, or both. (4) A person An individual who violates this section and causes death to a police officer, firefighter, or other emergency response personnel in the immediate area of the a stationary authorized emergency vehicle is guilty of a felony punishable by a fine of not more than $7,500.00 or by imprisonment for not more than 15 years, or both. (5) The operator driver of a vehicle upon on a highway that has been divided into 2 roadways by leaving an intervening space, or by a physical barrier or clearly indicated dividing sections so constructed as to impede vehicular traffic, is not required to proceed with caution, reduce his or her the vehicle's speed, or yield the right-of-way for an authorized emergency a stationary vehicle that is stopped across the dividing space, barrier, or section. 1 2 3 4 5 6 7 8 9 10 (6) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law. Enacting section 1. Section 653b of the Michigan vehicle code, 1949 PA 300, MCL 257.653b, is repealed. Enacting section 2. This amendatory act takes effect 90 days after the date it is enacted into law. Enacting section 3. This amendatory act does not take effect unless Senate Bill No. 217 of the 103rd Legislature is enacted into law.
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1717 Sec. 79g. (1) "Vulnerable roadway user" means any of the
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7979 (a) A pedestrian.
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8181 (b) An individual using any of the following:
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8383 (i) Roller skates.
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8585 (ii) Inline skates.
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8787 (iii) A nonmotorized scooter.
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8989 (iv) A nonmotorized skateboard.
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9191 (v) A wheelchair.
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9393 (c) An individual riding an equine or driving or riding an equine-drawn carriage.
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9595 (d) An individual operating or riding a vulnerable transportation device in compliance with this act.
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9797 (e) A United States Postal Service employee or contractor operating a vehicle on that individual's rural postal route in the course of delivering mail or parcels.
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9999 (2) As used in this section, "equine" means a horse, pony, donkey, mule, or hinny.
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101101 Sec. 79h. "Vulnerable transportation device" means a device in, on, or by which an individual is or may be transported or drawn on a highway or street by human power, or by an electrical propulsion system with a power of not greater than 750 watts or 1 horsepower and a maximum speed on a paved level surface of not more than 30 miles per hour. Vulnerable transportation device includes, but is not limited to, all of the following:
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103103 (a) An electric personal assistive mobility device as that term is defined in section 13c.
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105105 (b) An electric bicycle as that term is defined in section 13e.
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107107 (c) An electric skateboard as that term is defined in section
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169169 (d) A bicycle as that term is defined in section 4.
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171171 Sec. 303. (1) The secretary of state shall not issue a license under this act to any of the following individuals:
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173173 (a) An individual, as an operator, who is less than 18 years of age, except as otherwise provided in this act.
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175175 (b) An individual, as a chauffeur, who is less than 18 years of age, except as otherwise provided in this act.
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177177 (c) An individual whose license is suspended, revoked, denied, or canceled in any state. If the suspension, revocation, denial, or cancellation is not from the jurisdiction that issued the last license to the individual, the secretary of state may issue a license after the expiration of 5 years from the effective date of the most recent suspension, revocation, denial, or cancellation.
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179179 (d) An individual who in the opinion of the secretary of state is afflicted with or suffering from a physical or mental disability or disease that prevents the individual from exercising reasonable and ordinary control over a motor vehicle while operating the motor vehicle on the highways.
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181181 (e) An individual who is unable to understand highway warning or direction signs in the English language.
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183183 (f) An individual who is unable to pass a knowledge, skill, or ability test administered by the secretary of state in connection with issuing an original operator's or chauffeur's license, original motorcycle indorsement, endorsement, or an original or renewal of a vehicle group designation or vehicle indorsement.endorsement.
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185185 (g) A nonresident, including, but not limited to, a foreign exchange student.
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245245 (h) An individual who has failed to answer a citation or notice to appear in court or for any matter pending or fails to comply with an order or judgment of the court, including, but not limited to, paying all fines, costs, fees, and assessments, in violation of section 321a, until that individual answers the citation or notice to appear in court or for any matter pending or complies with an order or judgment of the court, including, but not limited to, paying all fines, costs, fees, and assessments, as provided under section 321a.
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247247 (i) An individual not licensed under this act who has been convicted of, has received a juvenile disposition for, or has been determined responsible for a crime or civil infraction described in section 319, 324, or 904. An individual shall must be denied a license under this subdivision for the length of time corresponding to the period of the licensing sanction that would have been imposed under section 319, 324, or 904 if the individual had been licensed at the time of the violation.
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249249 (j) An individual not licensed under this act who is determined to have violated section 624a or 624b. The individual shall must be denied a license under this subdivision for a period of time that corresponds to the period of the licensing sanction that would have been imposed under those sections had the individual been licensed at the time of the violation.
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251251 (k) An individual whose commercial driver license application is canceled under section 324(2).
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253253 (l) Unless otherwise eligible under section 307(1), an individual who is not a citizen of the United States.
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255255 (2) On receiving the appropriate records of conviction, the secretary of state shall revoke the operator's or chauffeur's
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315315 license of an individual and deny issuance of an operator's or chauffeur's license to an individual who has any of the following, whether under a law of this state, a local ordinance that substantially corresponds to a law of this state, a law of another state that substantially corresponds to a law of this state, or, beginning October 31, 2010, a law of the United States that substantially corresponds to a law of this state:
316316
317317 (a) Any combination of 2 convictions within 7 years for reckless driving in violation of section 626 before October 31, 2010 or, beginning October 31, 2010, 626(2).
318318
319319 (b) Any combination of 2 or more convictions within 7 years for any of the following:
320320
321321 (i) A felony in which a motor vehicle was used.
322322
323323 (ii) A violation or attempted violation of section 601b(2) or (3), section 601c(1), or (2), (3), or (4), section 602a(4) or (5), section 617, section 653a(3) or (4), or section 904(4) or (5).
324324
325325 (iii) Negligent homicide, manslaughter, or murder that results from the operation of a vehicle or an attempt to commit any of those crimes.
326326
327327 (iv) A violation or attempted violation of section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.
328328
329329 (c) Any combination of 2 convictions within 7 years for any of the following or a combination of 1 conviction for a violation or attempted violation of section 625(6) and 1 conviction for any of the following within 7 years:
330330
331331 (i) A violation or attempted violation of section 625, except a violation of section 625(2), or a violation of any prior enactment of section 625 in which the defendant operated a vehicle while under the influence of intoxicating or alcoholic liquor or a
332332
333333 1
334334
335335 2
336336
337337 3
338338
339339 4
340340
341341 5
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343343 6
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345345 7
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371371 20
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380380
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383383 26
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385385 27
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387387 28
388388
389389 29
390390
391391 controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content.
392392
393393 (ii) A violation or attempted violation of section 625m.
394394
395395 (iii) A violation or attempted violation of former section 625b.
396396
397397 (d) One conviction for a violation or attempted violation of section 315(5), section 601b(3), section 601c(2), 601c(3) or (4), section 602a(4) or (5), section 617, section 625(4) or (5), section 653a(4), section 904(4) or (5), or, beginning October 31, 2010, section 626(3) or (4).
398398
399399 (e) One conviction of negligent homicide, manslaughter, or murder that results from the operation of a vehicle or an attempt to commit any of those crimes.
400400
401401 (f) One conviction for a violation or attempted violation of section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.
402402
403403 (g) Any combination of 3 convictions within 10 years for any of the following or 1 conviction for a violation or attempted violation of section 625(6) and any combination of 2 convictions for any of the following within 10 years, if any of the convictions resulted from an arrest on or after January 1, 1992:
404404
405405 (i) A violation or attempted violation of section 625, except a violation of section 625(2), or a violation of any prior enactment of section 625 in which the defendant operated a vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content.
406406
407407 (ii) A violation or attempted violation of section 625m.
408408
409409 1
410410
411411 2
412412
413413 3
414414
415415 4
416416
417417 5
418418
419419 6
420420
421421 7
422422
423423 8
424424
425425 9
426426
427427 10
428428
429429 11
430430
431431 12
432432
433433 13
434434
435435 14
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437437 15
438438
439439 16
440440
441441 17
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445445 19
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447447 20
448448
449449 21
450450
451451 22
452452
453453 23
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455455 24
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457457 25
458458
459459 26
460460
461461 27
462462
463463 28
464464
465465 29
466466
467467 (iii) A violation or attempted violation of former section 625b.
468468
469469 (3) The secretary of state shall revoke a license under subsection (2) notwithstanding a court order unless the court order complies with section 323.
470470
471471 (4) Except as otherwise provided under section 304, the secretary of state shall not issue a license under this act to an individual whose license has been revoked under this act or revoked and denied under subsection (2) until all of the following occur, as applicable:
472472
473473 (a) The later of the following:
474474
475475 (i) The expiration of not less than 1 year after the license was revoked or denied.
476476
477477 (ii) The expiration of not less than 5 years after the date of a subsequent revocation or denial occurring within 7 years after the date of any prior revocation or denial.
478478
479479 (b) For a denial under subsection (2)(a), (b), (c), and (g), the individual rebuts by clear and convincing evidence the presumption that results from the prima facie evidence that the individual is a habitual offender. The convictions that resulted in the revocation and denial constitute prima facie evidence that the individual is a habitual offender.
480480
481481 (c) The individual meets the requirements of the department.
482482
483483 (5) The secretary of state shall deny issuing a vehicle group designation to an individual under either of the following circumstances:
484484
485485 (a) The individual has been disqualified by the United States Secretary of Transportation from operating a commercial motor vehicle.
486486
487487 (b) Beginning on and after January 30, 2012, the individual
488488
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490490
491491 2
492492
493493 3
494494
495495 4
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497497 5
498498
499499 6
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501501 7
502502
503503 8
504504
505505 9
506506
507507 10
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509509 11
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511511 12
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513513 13
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515515 14
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523523 18
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525525 19
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530530
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533533 23
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535535 24
536536
537537 25
538538
539539 26
540540
541541 27
542542
543543 28
544544
545545 does not meet the requirements of the federal regulations under 49 CFR parts 383 and 391 by refusing to certify the type of commercial motor vehicle operation the individual intends to perform and, if required, fails to present to the secretary of state a valid medical certification.
546546
547547 (6) Multiple convictions or civil infraction determinations that result from the same incident must be treated as a single violation for purposes of denial or revocation of a license under this section.
548548
549549 (7) As used in this section, "felony in which a motor vehicle was used" means a felony during the commission of which the individual operated a motor vehicle and while operating the vehicle presented real or potential harm to individuals or property and 1 or more of the following circumstances existed:
550550
551551 (a) The vehicle was used as an instrument of the felony.
552552
553553 (b) The vehicle was used to transport a victim of the felony.
554554
555555 (c) The vehicle was used to flee the scene of the felony.
556556
557557 (d) The vehicle was necessary for the commission of the felony.
558558
559559 Sec. 320a. (1) Within Not later than 5 days after receipt of a properly prepared abstract from a court of this state or another state, the secretary of state shall record the date of conviction, civil infraction determination, or probate court disposition, and the number of points for each, based on the following formula, except as otherwise provided in this section and section 629c:
560560
561561 (a) Manslaughter, negligent homicide, or a felony resulting from the operation of a motor vehicle, ORV, or snowmobile 6 points
562562
563563
564564
565565 (a) Manslaughter, negligent homicide, or a felony resulting from the operation of a motor vehicle, ORV, or snowmobile
566566
567567 6 points
568568
569569 1
570570
571571 2
572572
573573 3
574574
575575 4
576576
577577 5
578578
579579 6
580580
581581 7
582582
583583 8
584584
585585 9
586586
587587 10
588588
589589 11
590590
591591 12
592592
593593 13
594594
595595 14
596596
597597 15
598598
599599 16
600600
601601 17
602602
603603 18
604604
605605 19
606606
607607 20
608608
609609 21
610610
611611 22
612612
613613 23
614614
615615 24
616616
617617 25
618618
619619 26
620620
621621 27
622622
623623 28
624624
625625 (b) A violation of section 601b(2) or (3), 601c(1), or (2), (3), or (4), or 653a(3) or (4) or, beginning October 31, 2010, a violation of section 601d 6 points
626626 (c) A violation of section 625(1), (4), (5), (7), or (8), section 81134 or 82127(1) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81134 and 324.82127, or a law or ordinance substantially corresponding to section 625(1), (4), (5), (7), or (8), or section 81134 or 82127(1) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81134 and 324.82127 6 points
627627 (d) Failing to stop and disclose identity at the scene of an accident when required by law 6 points
628628 (e) Operating a motor vehicle in violation of section 626 6 points
629629 (f) Fleeing or eluding an officer 6 points
630630 (g) A violation of section 627(6) pertaining to speed in a work zone described in that section by exceeding the lawful maximum by more than 15 miles per hour 5 points
631631 (h) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 15 miles per hour 4 points
632632 (i) A violation of section 625(3) or (6), section 82127(3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82127, or a law or ordinance substantially corresponding to section 625(3) or (6) or section 82127(3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82127 4 points
633633
634634
635635
636636 (b) A violation of section 601b(2) or (3), 601c(1), or (2), (3), or (4), or 653a(3) or (4) or, beginning October 31, 2010, a violation of section 601d
637637
638638 6 points
639639
640640 (c) A violation of section 625(1), (4), (5), (7), or (8), section 81134 or 82127(1) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81134 and 324.82127, or a law or ordinance substantially corresponding to section 625(1), (4), (5), (7), or (8), or section 81134 or 82127(1) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81134 and 324.82127
641641
642642 6 points
643643
644644 (d) Failing to stop and disclose identity at the scene of an accident when required by law
645645
646646 6 points
647647
648648 (e) Operating a motor vehicle in violation of section 626
649649
650650 6 points
651651
652652 (f) Fleeing or eluding an officer
653653
654654 6 points
655655
656656 (g) A violation of section 627(6) pertaining to speed in a work zone described in that section by exceeding the lawful maximum by more than 15 miles per hour
657657
658658 5 points
659659
660660 (h) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 15 miles per hour
661661
662662 4 points
663663
664664 (i) A violation of section 625(3) or (6), section 82127(3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82127, or a law or ordinance substantially corresponding to section 625(3) or (6) or section 82127(3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82127
665665
666666 4 points
667667
668668 1
669669
670670 2
671671
672672 3
673673
674674 4
675675
676676 5
677677
678678 6
679679
680680 7
681681
682682 8
683683
684684 9
685685
686686 10
687687
688688 11
689689
690690 12
691691
692692 13
693693
694694 14
695695
696696 15
697697
698698 16
699699
700700 17
701701
702702 18
703703
704704 19
705705
706706 20
707707
708708 21
709709
710710 22
711711
712712 23
713713
714714 24
715715
716716 25
717717
718718 26
719719
720720 27
721721
722722 (j) A violation of section 626a or a law or ordinance substantially corresponding to section 626a 4 points
723723 (k) A violation of section 627(6) pertaining to speed in a work zone described in that section by exceeding the lawful maximum by more than 10 but not more than 15 miles per hour 4 points
724724 (l) Beginning October 31, 2010, a moving violation resulting in an at-fault collision with another vehicle, an individual, or any other object 4 points
725725 (m) Careless driving in violation of section 626b or a law or ordinance substantially corresponding to section 626b 3 points
726726 (n) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 10 miles per hour but not more than 15 miles per hour 3 points
727727 (o) A violation of section 653a(2) 2 points
728728 (p) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 5 miles per hour but not more than 10 miles per hour 2 points
729729 (q) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 1 mile per hour but not more than 5 miles per hour 1 point
730730 (r) Disobeying a traffic signal or stop sign, or improper passing 3 points
731731 (s) A violation of section 624a, 624b, or a law or ordinance substantially corresponding to section 624a or 624b 2 points
732732
733733
734734
735735 (j) A violation of section 626a or a law or ordinance substantially corresponding to section 626a
736736
737737 4 points
738738
739739 (k) A violation of section 627(6) pertaining to speed in a work zone described in that section by exceeding the lawful maximum by more than 10 but not more than 15 miles per hour
740740
741741 4 points
742742
743743 (l) Beginning October 31, 2010, a moving violation resulting in an at-fault collision with another vehicle, an individual, or any other object
744744
745745 4 points
746746
747747 (m) Careless driving in violation of section 626b or a law or ordinance substantially corresponding to section 626b
748748
749749 3 points
750750
751751 (n) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 10 miles per hour but not more than 15 miles per hour
752752
753753 3 points
754754
755755 (o) A violation of section 653a(2)
756756
757757 2 points
758758
759759 (p) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 5 miles per hour but not more than 10 miles per hour
760760
761761 2 points
762762
763763 (q) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 1 mile per hour but not more than 5 miles per hour
764764
765765 1 point
766766
767767 (r) Disobeying a traffic signal or stop sign, or improper passing
768768
769769 3 points
770770
771771 (s) A violation of section 624a, 624b, or a law or ordinance substantially corresponding to section 624a or 624b
772772
773773 2 points
774774
775775 1
776776
777777 2
778778
779779 3
780780
781781 4
782782
783783 5
784784
785785 6
786786
787787 7
788788
789789 8
790790
791791 9
792792
793793 10
794794
795795 11
796796
797797 12
798798
799799 13
800800
801801 14
802802
803803 15
804804
805805 16
806806
807807 17
808808
809809 18
810810
811811 19
812812
813813 20
814814
815815 21
816816
817817 22
818818
819819 23
820820
821821 24
822822
823823 25
824824
825825 26
826826
827827 27
828828
829829 28
830830
831831 29
832832
833833 (t) A violation of section 310e(4) or (6) or a law or ordinance substantially corresponding to section 310e(4) or (6) 2 points
834834 (u) All other moving violations pertaining to the operation of motor vehicles reported under this section 2 points
835835 (v) A refusal by an individual less than 21 years of age to submit to a preliminary breath test required by a peace officer under section 625a 2 points
836836 (w) A violation of section 627(6) pertaining to speed in a work zone described in that section by exceeding the lawful maximum by 10 miles per hour or less 3 points
837837 (x) A third or subsequent violation of section 602b 2 points
838838 (y) A second violation of section 602b 1 point
839839
840840
841841
842842 (t) A violation of section 310e(4) or (6) or a law or ordinance substantially corresponding to section 310e(4) or (6)
843843
844844 2 points
845845
846846 (u) All other moving violations pertaining to the operation of motor vehicles reported under this section
847847
848848 2 points
849849
850850 (v) A refusal by an individual less than 21 years of age to submit to a preliminary breath test required by a peace officer under section 625a
851851
852852 2 points
853853
854854 (w) A violation of section 627(6) pertaining to speed in a work zone described in that section by exceeding the lawful maximum by 10 miles per hour or less
855855
856856 3 points
857857
858858 (x) A third or subsequent violation of section 602b
859859
860860 2 points
861861
862862 (y) A second violation of section 602b
863863
864864 1 point
865865
866866 (2) Points must not be entered for a violation of section 310e(14), 311, 602c, 625m, 658, 710d, 717, 719, 719a, or 723.
867867
868868 (3) Points must not be entered for bond forfeitures.
869869
870870 (4) Points must not be entered for overweight loads or for defective equipment.
871871
872872 (5) If more than 1 conviction, civil infraction determination, or probate court disposition results from the same incident, points must be entered only for the violation that receives the highest number of points under this section.
873873
874874 (6) If an individual has accumulated 9 points as provided in this section, the secretary of state may call the individual in for an interview as to the individual's driving ability and record after due notice as to time and place of the interview. If the individual fails to appear as provided in this subsection, the secretary of state shall add 3 points to the individual's record.
875875
876876 (7) If an individual violates a speed restriction established
877877
878878 1
879879
880880 2
881881
882882 3
883883
884884 4
885885
886886 5
887887
888888 6
889889
890890 7
891891
892892 8
893893
894894 9
895895
896896 10
897897
898898 11
899899
900900 12
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902902 13
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904904 14
905905
906906 15
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908908 16
909909
910910 17
911911
912912 18
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914914 19
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916916 20
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918918 21
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920920 22
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922922 23
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926926 25
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930930 27
931931
932932 28
933933
934934 29
935935
936936 by an executive order issued during a state of energy emergency as provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of state shall enter points for the violation under subsection (1).
937937
938938 (8) The secretary of state shall enter 6 points upon the record of an individual whose license is suspended or denied under section 625f. However, if a conviction, civil infraction determination, or probate court disposition results from the same incident, additional points for that offense must not be entered.
939939
940940 (9) If a Michigan driver commits a violation in another state that would be a civil infraction if committed in this state, and a conviction results solely because of the failure of the Michigan driver to appear in that state to contest the violation, upon receipt of the abstract of conviction by the secretary of state, the violation must be noted on the Michigan driver's record, but points must not be assessed against the Michigan driver license.
941941
942942 Sec. 601c. (1) A person An individual who commits a moving violation that has criminal penalties and as a result causes injury to a person vulnerable roadway user who is in compliance with this act or an individual operating an implement of husbandry on a highway in compliance with this act is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
943943
944944 (2) An individual who commits a moving violation and as a result causes a serious injury requiring inpatient treatment at a hospital or post-acute rehabilitation facility to a vulnerable roadway user who is in compliance with this act or an individual operating an implement of husbandry on a highway in compliance with this act is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.
945945
946946 1
947947
948948 2
949949
950950 3
951951
952952 4
953953
954954 5
955955
956956 6
957957
958958 7
959959
960960 8
961961
962962 9
963963
964964 10
965965
966966 11
967967
968968 12
969969
970970 13
971971
972972 14
973973
974974 15
975975
976976 16
977977
978978 17
979979
980980 18
981981
982982 19
983983
984984 20
985985
986986 21
987987
988988 22
989989
990990 23
991991
992992 24
993993
994994 25
995995
996996 26
997997
998998 27
999999
10001000 28
10011001
10021002 29
10031003
10041004 (3) An individual who commits a moving violation and as a result causes death to a vulnerable roadway user who is in compliance with this act is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $7,500.00, or both.
10051005
10061006 (4) (2) A person An individual who commits a moving violation that has criminal penalties and as a result causes death to a person an individual operating an implement of husbandry on a highway in compliance with this act is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $7,500.00, or both.
10071007
10081008 (5) This section does not prohibit an individual from being charged with, convicted of, or punished for a violation of any other law committed by the individual while violating this section, except for a violation of section 626(4).
10091009
10101010 (6) (3) As used in this section: , "moving
10111011
10121012 (a) "Hospital" means that term as defined in section 20106 of the public health code, 1978 PA 368, MCL 333.20106.
10131013
10141014 (b) "Moving violation" means an act or omission prohibited under this act or a local ordinance substantially corresponding to this act that occurs while a person an individual is operating a motor vehicle, and for which the person individual is subject to a fine.
10151015
10161016 (c) "Serious injury" means that term as defined in section 602a.
10171017
10181018 Sec. 653a. (1) Upon approaching and passing a stationary authorized emergency vehicle that is giving a visual signal by means of flashing, rotating, or oscillating red, blue, white, or amber, or green lights as permitted by section 698, or by means of
10191019
10201020 1
10211021
10221022 2
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10761076 29
10771077
10781078 front and rear warning lamps as permitted by section 698a, the driver of an approaching vehicle shall exhibit due care and caution, as required under the following:
10791079
10801080 (a) On any public roadway with at least 2 adjacent lanes proceeding in the same direction of the stationary authorized emergency vehicle, the driver of the approaching vehicle shall proceed with caution, reduce his or her the vehicle's speed by at least 10 miles per hour below the posted speed limit, and yield the right-of-way by moving into a lane at least 1 moving lane or 2 vehicle widths apart from the stationary authorized emergency vehicle, unless directed otherwise by a police officer. If movement to an adjacent lane or 2 vehicle widths apart is not possible due to weather, road conditions, or the immediate presence of vehicular or pedestrian traffic in parallel moving lanes, the driver of the approaching vehicle shall proceed as required in subdivision (b).
10811081
10821082 (b) On any public roadway that does not have at least 2 adjacent lanes proceeding in the same direction as the stationary authorized emergency vehicle, or if the movement by the driver of the vehicle into an adjacent lane or 2 vehicle widths apart is not possible as described in subdivision (a), the approaching vehicle driver shall proceed with due care and caution and reduce his or her the vehicle's speed by at least 10 miles per hour below the posted speed limit, or as directed by a police officer.
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10841084 (2) Except as provided in this subsection and subsections (3) and (4), a person who violates this section is guilty of a misdemeanor punishable by a fine of not more than $500.00 or imprisonment for not more than 90 days, or both. Beginning 60 days after the effective date of the amendatory act that amended this subsection, except as provided in subsections (3) and (4), a person
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11441144 an individual who violates this section is responsible for a civil infraction and shall must be ordered to pay a civil fine of $400.00.as follows:
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11461146 (a) For an individual who violates this section except as described in subdivision (b), $400.00.
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11481148 (b) For an individual who violates this section and the stationary vehicle is an authorized emergency vehicle with a police officer, firefighter, or other emergency response personnel present, $750.00.
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11501150 (3) A person An individual who violates this section and causes injury to a police officer, firefighter, or other emergency response personnel in the immediate area of the a stationary authorized emergency vehicle is guilty of a felony punishable by a fine of not more than $1,000.00 or imprisonment for not more than 2 years, or both.
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11521152 (4) A person An individual who violates this section and causes death to a police officer, firefighter, or other emergency response personnel in the immediate area of the a stationary authorized emergency vehicle is guilty of a felony punishable by a fine of not more than $7,500.00 or by imprisonment for not more than 15 years, or both.
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11541154 (5) The operator driver of a vehicle upon on a highway that has been divided into 2 roadways by leaving an intervening space, or by a physical barrier or clearly indicated dividing sections so constructed as to impede vehicular traffic, is not required to proceed with caution, reduce his or her the vehicle's speed, or yield the right-of-way for an authorized emergency a stationary vehicle that is stopped across the dividing space, barrier, or section.
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11761176 (6) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law.
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11781178 Enacting section 1. Section 653b of the Michigan vehicle code, 1949 PA 300, MCL 257.653b, is repealed.
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11801180 Enacting section 2. This amendatory act takes effect 90 days after the date it is enacted into law.
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11821182 Enacting section 3. This amendatory act does not take effect unless Senate Bill No. 217 of the 103rd Legislature is enacted into law.