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House Bill 5696 (Proposed Michigan Legislation)
House Bill 5696 (Proposed Michigan Legislation)
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1 must be entered only for the violation that receives the highest
2 number of points under this section.
3 (6) If an individual has accumulated 9 points as provided in
4 this section, the secretary of state may call the individual in for
5 an interview as to the individual's driving ability and record
6 after due notice as to time and place of the interview. If the
7 individual fails to appear as provided in this subsection, the
8 secretary of state shall add 3 points to the individual's record.
9 (7) If an individual violates a speed restriction established
10 by an executive order issued during a state of energy emergency as
11 provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of state
12 shall enter points for the violation under subsection (1).
13 (8) The secretary of state shall enter 6 points upon the
14 record of an individual whose license is suspended or denied under
15 section 625f. However, if a conviction, civil infraction
16 determination, or probate court disposition results from the same
17 incident, additional points for that offense must not be entered.
18 (9) If a Michigan driver commits a violation in another state
19 that would be a civil infraction if committed in this state, and a
20 conviction results solely because of the failure of the Michigan
21 driver to appear in that state to contest the violation, upon
22 receipt of the abstract of conviction by the secretary of state,
23 the violation must be noted on the Michigan driver's record, but
24 points must not be assessed against the Michigan driver license.
25 Sec. 707b. (1) A motor vehicle, while being operated on a
26 highway or street, shall must be equipped with an exhaust system in
27 good working order to prevent excessive or unusual noise. and shall
28 be equipped to prevent noise in excess of the limits established in
29 this act.
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1 (2) A dealer shall not sell or offer for sale for use upon a
2 street or highway in this state a new motor vehicle that produces a
3 maximum noise exceeding the following limits:
4 (a) A motor vehicle with a gross vehicle weight rating of
5 8,500 pounds or more—83 DBA.
6 (b) A motorcycle or a moped—83 DBA.
7 (c) A motor vehicle not covered in subdivision (a) or (b)—80
8 DBA.
9 (3) A person shall not operate a vehicle on a highway or
10 street if the vehicle has a defect in the exhaust system that
11 affects sound reduction, is not equipped with a muffler or other
12 noise dissipative device. , or
13 (4) A person shall not operate a vehicle on a highway or
14 street if the vehicle's exhaust system is equipped with a cutout,
15 bypass, amplifier, or a similar device.
16 (5) (4) A person, either acting for himself or herself or as
17 the agent or employee of another, shall not sell, install, or
18 replace a muffler or exhaust part that causes the motor vehicle to
19 which the muffler or exhaust part is attached to exceed the noise
20 limits established by this act or a rule promulgated under this
21 act.
22 (5) A person shall not modify, repair, replace, or remove a
23 part of an exhaust system causing the motor vehicle to which the
24 system is attached to produce noise in excess of the levels
25 established by this act, or operate a motor vehicle so altered on a
26 street or highway.
27 (6) A dealer shall not sell a used or secondhand motor vehicle
28 for use upon on a street or highway that is not in compliance with
29 this act.
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1 found to be true and the judge or referee finds that the nature of
2 the act constitutes a felony in which a motor vehicle was used, as
3 defined in section 319 of the Michigan vehicle code, 1949 PA 300,
4 MCL 257.319, your driver's license shall be suspended by the
5 secretary of state.".
6 (9) If the court determines as part of the sentence or
7 disposition that the felony for which the individual was convicted
8 or adjudicated and with respect to which notice was given under
9 subsection (7) or (8) is a felony in which a motor vehicle was
10 used, the clerk of the court shall forward an abstract of the court
11 record of that conviction to the secretary of state.
12 (10) As used in subsections (11) and (12), "felony in which a
13 commercial motor vehicle was used" means a felony during the
14 commission of which the individual operated a commercial motor
15 vehicle and while the individual was operating the vehicle 1 or
16 more of the following circumstances existed:
17 (a) The vehicle was used as an instrument of the felony.
18 (b) The vehicle was used to transport a victim of the felony.
19 (c) The vehicle was used to flee the scene of the felony.
20 (d) The vehicle was necessary for the commission of the
21 felony.
22 (11) If an individual is charged with a felony in which a
23 commercial motor vehicle was used and for which a vehicle group
24 designation on a license is subject to suspension or revocation
25 under section 319b(1)(c)(iii), 319b(1)(d), 319b(1)(e)(iii), or
26 319b(1)(f)(i), the prosecuting attorney shall include the following
27 statement on the complaint and information filed in district or
28 circuit court:
29 "You are charged with the commission of a felony in which a
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1 commercial motor vehicle was used. If you are convicted and the
2 judge finds that the conviction is for a felony in which a
3 commercial motor vehicle was used, as defined in section 319b of
4 the Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle
5 group designations on your driver's license shall be suspended or
6 revoked by the secretary of state.".
7 (12) If the judge determines as part of the sentence that the
8 felony for which the defendant was convicted and with respect to
9 which notice was given under subsection (11) is a felony in which a
10 commercial motor vehicle was used, the clerk of the court shall
11 forward an abstract of the court record of that conviction to the
12 secretary of state.
13 (13) Every individual required to forward abstracts to the
14 secretary of state under this section shall certify for the period
15 from January 1 through June 30 and for the period from July 1
16 through December 31 that all abstracts required to be forwarded
17 during the period have been forwarded. The certification must be
18 filed with the secretary of state not later than 28 days after the
19 end of the period covered by the certification. The certification
20 must be made upon a form furnished by the secretary of state and
21 must include all of the following:
22 (a) The name and title of the individual required to forward
23 abstracts.
24 (b) The court for which the certification is filed.
25 (c) The time period covered by the certification.
26 (d) The following statement:
27 "I certify that all abstracts required by section 732 of the
28 Michigan vehicle code, 1949 PA 300, MCL 257.732, for the period
29 ________________ through ______________ have been forwarded to the
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1 secretary of state.".
2 (e) Other information the secretary of state considers
3 necessary.
4 (f) The signature of the individual required to forward
5 abstracts.
6 (14) The failure, refusal, or neglect of an individual to
7 comply with this section constitutes misconduct in office and is
8 grounds for removal from office.
9 (15) Except as provided in subsection (16), the secretary of
10 state shall keep all abstracts received under this section at the
11 secretary of state's main office and the abstracts must be open for
12 public inspection during the office's usual business hours. Each
13 abstract must be entered upon the master driving record of the
14 individual to whom it pertains.
15 (16) Except for controlled substance offenses and the exhaust
16 system violation described in subsection (4), the court shall not
17 submit, and the secretary of state shall discard and not enter on
18 the master driving record, an abstract for a conviction or civil
19 infraction determination for any of the following violations:
20 (a) The parking or standing of a vehicle.
21 (b) A nonmoving violation that is not the basis for the
22 secretary of state's suspension, revocation, or denial of an
23 operator's or chauffeur's license.
24 (c) A violation of chapter II that is not the basis for the
25 secretary of state's suspension, revocation, or denial of an
26 operator's or chauffeur's license.
27 (d) A pedestrian, passenger, or bicycle violation, other than
28 a violation of section 703(1) or (2) of the Michigan liquor control
29 code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance
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1 ordered under this section must not be less than $100.00 or more
2 than $250.00.
3 (j) For a violation of section 676a(3), the civil fine ordered
4 under this section must not be more than $10.00.
5 (k) For a violation of section 676c, the civil fine ordered
6 under this section is $1,000.00.
7 (l) For a violation of section 682 or a local ordinance that
8 substantially corresponds to section 682, the civil fine ordered
9 under this section must not be less than $100.00 or more than
10 $500.00.
11 (m) For a violation of section 710d, the civil fine ordered
12 under this section must not be more than $10.00, subject to
13 subsection (11).
14 (n) For a violation of section 710e, the civil fine and court
15 costs ordered under this subsection must be $25.00.
16 (3) Except as otherwise provided in this section, if an
17 individual is determined to be responsible or responsible "with
18 explanation" for a civil infraction under this act or a local
19 ordinance that substantially corresponds to a provision of this act
20 while driving a commercial motor vehicle, the individual must be
21 ordered to pay costs as provided in subsection (4) and a civil fine
22 of not more than $250.00.
23 (4) If a civil fine is ordered under subsection (2) or (3),
24 the judge or district court magistrate shall summarily tax and
25 determine the costs of the action, which are not limited to the
26 costs taxable in ordinary civil actions, and may include all
27 expenses, direct and indirect, to which the plaintiff has been put
28 in connection with the civil infraction, up to the entry of
29 judgment. Costs must not be ordered in excess of $100.00. A civil
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1 fine ordered under subsection (2) or (3) must not be waived unless
2 costs ordered under this subsection are waived. Except as otherwise
3 provided by law, costs are payable to the general fund of the
4 plaintiff.
5 (5) In addition to a civil fine and costs ordered under
6 subsection (2) or (3) and subsection (4) and the justice system
7 assessment ordered under subsection (12), the judge or district
8 court magistrate may order the individual to attend and complete a
9 program of treatment, education, or rehabilitation.
10 (6) A district court magistrate shall impose the sanctions
11 permitted under subsections (2), (3), and (5) only to the extent
12 expressly authorized by the chief judge or only judge of the
13 district court district.
14 (7) Each district of the district court and each municipal
15 court may establish a schedule of civil fines, costs, and
16 assessments to be imposed for civil infractions that occur within
17 the respective district or city. If a schedule is established, it
18 must be prominently posted and readily available for public
19 inspection. A schedule need not include all violations that are
20 designated by law or ordinance as civil infractions. A schedule may
21 exclude cases on the basis of a defendant's prior record of civil
22 infractions or traffic offenses, or a combination of civil
23 infractions and traffic offenses.
24 (8) The state court administrator shall annually publish and
25 distribute to each district and court a recommended range of civil
26 fines and costs for first-time civil infractions. This
27 recommendation is not binding on the courts that have jurisdiction
28 over civil infractions but is intended to act as a normative guide
29 for judges and district court magistrates and a basis for public
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