March 27, 2014, Introduced by Senators CASPERSON, JONES and PAPPAGEORGE and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 721 and 732 (MCL 257.721 and 257.732), section
721 as amended by 2012 PA 80 and section 732 as amended by 2012 PA
592.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 721. (1) Except as otherwise provided in subsection (5),
a passenger vehicle or a pickup truck shall not be driven upon a
highway drawing or having attached to the passenger vehicle or
pickup truck more than 1 vehicle or trailer.
(2) The drawbar or other connection between 2 vehicles, 1 of
which is towing or drawing the other on a highway, shall not exceed
15 feet in length from 1 vehicle to the other. If the connection
consists of a chain, rope, or cable, there shall be displayed upon
the connection a red flag or other signal or cloth not less than 12
inches both in length and width.
(3) A vehicle or trailer towed or drawn by a vehicle shall be
attached to the vehicle with forms of coupling devices in a manner
so that when the combination is operated in a linear alignment on a
level, smooth, paved surface, the movement of the towed or drawn
vehicle or trailer does not deviate more than 3 inches to either
side of the path of the towing vehicle that tows or draws it. The
vehicle or trailer shall also be connected to the towing vehicle by
suitable safety chains or devices, 1 on each side of the coupling
and at the extreme outer edge of the vehicle or trailer. Each chain
or device and connection used shall be of sufficient strength to
haul the vehicle or trailer when loaded. In the case of an
implement of husbandry with a gross vehicle weight rating or gross
combination weight rating of 10,000 pounds or less, the safety
chains or devices required under this subsection shall conform to
the federal motor carrier safety regulations requirements contained
in 49 CFR 393.70(d)(5).
(4) A pickup truck with a fifth wheel assembly shall not tow a
semitrailer unless the fifth wheel assembly conforms to the
standards prescribed in the motor carrier safety act of 1963, 1963
PA 181, MCL 480.11 to 480.25.
(5) Notwithstanding subsection (1), a pickup truck with a
towing rating equal to, or greater than, the weight being towed,
equipped with a fifth wheel assembly that conforms with the
standards prescribed in the motor carrier safety act of 1963, 1963
PA 181, MCL 480.11 to 480.25, towing attached with a semitrailer
designed for recreational living purposes may tow an additional
trailer or semitrailer under the following conditions:
(a) The additional trailer or semitrailer shall be attached as
provided in subsection (3). The safety chains described in
subsection (3) shall be securely attached at the extreme outer edge
of the attached trailer or semitrailer with a locking mechanism.
The towing vehicle hitch shall be of substantial material and shall
be attached in a proper and skillful manner to the frame of the
towing vehicle.
(b) The total length of the pickup truck, semitrailer designed
for recreational living purposes, and additional trailer or
semitrailer,
and load, shall not exceed 75 feet on any highways
highway in this state.
(c) The gross weight of the additional trailer or semitrailer
towed or drawn shall not exceed the empty weight of the pickup
truck or the empty weight of the semitrailer.
(6) For the purposes of this section, a pickup truck towing a
semitrailer and additional trailer shall be considered a passenger
vehicle. and
shall comply with the speed limit requirements of
section
627(5).
(7) A person who violates this section is responsible for a
civil infraction.
Sec. 732. (1) Each municipal judge and each clerk of a court
of record shall keep a full record of every case in which a person
is charged with or cited for a violation of this act or a local
ordinance substantially corresponding to this act regulating the
operation of vehicles on highways and with those offenses
pertaining to the operation of ORVs or snowmobiles for which points
are assessed under section 320a(1)(c) or (i). Except as provided in
subsection (16), the municipal judge or clerk of the court of
record shall prepare and forward to the secretary of state an
abstract of the court record as follows:
(a) Not more than 5 days after a conviction, forfeiture of
bail, or entry of a civil infraction determination or default
judgment upon a charge of or citation for violating or attempting
to violate this act or a local ordinance substantially
corresponding to this act regulating the operation of vehicles on
highways.
(b) Immediately for each case charging a violation of section
625(1), (3), (4), (5), (6), (7), or (8) or section 625m or a local
ordinance substantially corresponding to section 625(1), (3), (6),
or (8) or section 625m in which the charge is dismissed or the
defendant is acquitted.
(c) Immediately for each case charging a violation of section
82127(1) or (3), 81134, or 81135 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.82127,
324.81134, and 324.81135, or a local ordinance substantially
corresponding to those sections.
(2) If a city or village department, bureau, or person is
authorized to accept a payment of money as a settlement for a
violation of a local ordinance substantially corresponding to this
act, the city or village department, bureau, or person shall send a
full report of each case in which a person pays any amount of money
to the city or village department, bureau, or person to the
secretary of state upon a form prescribed by the secretary of
state.
(3) The abstract or report required under this section shall
be made upon a form furnished by the secretary of state. An
abstract shall be certified by signature, stamp, or facsimile
signature of the person required to prepare the abstract as
correct. An abstract or report shall include all of the following:
(a) The name, address, and date of birth of the person charged
or cited.
(b) The number of the person's operator's or chauffeur's
license, if any.
(c) The date and nature of the violation.
(d) The type of vehicle driven at the time of the violation
and, if the vehicle is a commercial motor vehicle, that vehicle's
group designation.
(e) The date of the conviction, finding, forfeiture, judgment,
or civil infraction determination.
(f) Whether bail was forfeited.
(g) Any license restriction, suspension, or denial ordered by
the court as provided by law.
(h) The vehicle identification number and registration plate
number of all vehicles that are ordered immobilized or forfeited.
(i) Other information considered necessary to the secretary of
state.
(4) The clerk of the court also shall forward an abstract of
the court record to the secretary of state upon a person's
conviction involving any of the following:
(a) A violation of section 413, 414, or 479a of the Michigan
penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a.
(b) A violation of section 1 of former 1931 PA 214.
(c) Negligent homicide, manslaughter, or murder resulting from
the operation of a vehicle.
(d) A violation of sections 701(1) and 703 of the Michigan
liquor control code of 1998, 1998 PA 58, MCL 436.1701 and 436.1703,
or a local ordinance substantially corresponding to those sections.
(e) A violation of section 411a(2) of the Michigan penal code,
1931 PA 328, MCL 750.411a.
(f) A violation of motor carrier safety regulations 49 CFR
392.10 or 392.11 as adopted by section 1a of the motor carrier
safety act of 1963, 1963 PA 181, MCL 480.11a.
(g) A violation of section 57 of the pupil transportation act,
1990 PA 187, MCL 257.1857.
(h) A violation of motor carrier safety regulations 49 CFR
392.10 or 392.11 as adopted by section 31 of the motor bus
transportation act, 1982 PA 432, MCL 474.131.
(i) An attempt to violate, a conspiracy to violate, or a
violation of part 74 of the public health code, 1978 PA 368, MCL
333.7401 to 333.7461, or a local ordinance that prohibits conduct
prohibited under part 74 of the public health code, 1978 PA 368,
MCL 333.7401 to 333.7461, unless the convicted person is sentenced
to life imprisonment or a minimum term of imprisonment that exceeds
1 year for the offense.
(j) An attempt to commit an offense described in subdivisions
(a) to (h).
(k) A violation of chapter LXXXIII-A of the Michigan penal
code, 1931 PA 328, MCL 750.543a to 750.543z.
(l) A violation of section 3101, 3102(1), or 3103 of the
insurance code of 1956, 1956 PA 218, MCL 500.3101, 500.3102, and
500.3103.
(m) A violation listed as a disqualifying offense under 49 CFR
383.51.
(5) The clerk of the court shall also forward an abstract of
the court record to the secretary of state if a person has pled
guilty to, or offered a plea of admission in a juvenile proceeding
for, a violation of section 703 of the Michigan liquor control code
of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance
substantially corresponding to that section, and has had further
proceedings deferred under that section. If the person is sentenced
to a term of probation and terms and conditions of probation are
fulfilled and the court discharges the individual and dismisses the
proceedings, the court shall also report the dismissal to the
secretary of state.
(6) As used in subsections (7) to (9), "felony in which a
motor vehicle was used" means a felony during the commission of
which the person operated a motor vehicle and while operating the
vehicle presented real or potential harm to persons or property and
1 or more of the following circumstances existed:
(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.
(7) If a person is charged with a felony in which a motor
vehicle was used, other than a felony specified in subsection (4)
or section 319, the prosecuting attorney shall include the
following statement on the complaint and information filed in
district or circuit court:
"You are charged with the commission of a felony in which a
motor vehicle was used. If you are convicted and the judge finds
that the conviction is for a felony in which a motor vehicle was
used, as defined in section 319 of the Michigan vehicle code, 1949
PA 300, MCL 257.319, your driver's license shall be suspended by
the secretary of state.".
(8) If a juvenile is accused of an act, the nature of which
constitutes a felony in which a motor vehicle was used, other than
a felony specified in subsection (4) or section 319, the
prosecuting attorney or family division of circuit court shall
include the following statement on the petition filed in the court:
"You are accused of an act the nature of which constitutes a
felony in which a motor vehicle was used. If the accusation is
found to be true and the judge or referee finds that the nature of
the act constitutes a felony in which a motor vehicle was used, as
defined in section 319 of the Michigan vehicle code, 1949 PA 300,
MCL 257.319, your driver's license shall be suspended by the
secretary of state.".
(9) If the court determines as part of the sentence or
disposition that the felony for which the person was convicted or
adjudicated and with respect to which notice was given under
subsection (7) or (8) is a felony in which a motor vehicle was
used, the clerk of the court shall forward an abstract of the court
record of that conviction to the secretary of state.
(10) As used in subsections (11) and (12), "felony in which a
commercial motor vehicle was used" means a felony during the
commission of which the person operated a commercial motor vehicle
and while the person was operating the vehicle 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.
(11) If a person is charged with a felony in which a
commercial motor vehicle was used and for which a vehicle group
designation on a license is subject to suspension or revocation
under section 319b(1)(c)(iii), 319b(1)(d), 319b(1)(e)(iii), or
319b(1)(f)(i), the prosecuting attorney shall include the following
statement on the complaint and information filed in district or
circuit court:
"You are charged with the commission of a felony in which a
commercial motor vehicle was used. If you are convicted and the
judge finds that the conviction is for a felony in which a
commercial motor vehicle was used, as defined in section 319b of
the Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle
group designations on your driver's license shall be suspended or
revoked by the secretary of state.".
(12) If the judge determines as part of the sentence that the
felony for which the defendant was convicted and with respect to
which notice was given under subsection (11) is a felony in which a
commercial motor vehicle was used, the clerk of the court shall
forward an abstract of the court record of that conviction to the
secretary of state.
(13) Every person required to forward abstracts to the
secretary of state under this section shall certify for the period
from January 1 through June 30 and for the period from July 1
through December 31 that all abstracts required to be forwarded
during the period have been forwarded. The certification shall be
filed with the secretary of state not later than 28 days after the
end of the period covered by the certification. The certification
shall be made upon a form furnished by the secretary of state and
shall include all of the following:
(a) The name and title of the person required to forward
abstracts.
(b) The court for which the certification is filed.
(c) The time period covered by the certification.
(d) The following statement:
"I certify that all abstracts required by section 732 of the
Michigan vehicle code, MCL 257.732; MSA 9.2432, for the period
________________ through ______________ have been forwarded to the
secretary of state.".
(e) Other information the secretary of state considers
necessary.
(f) The signature of the person required to forward abstracts.
(14) The failure, refusal, or neglect of a person to comply
with this section constitutes misconduct in office and is grounds
for removal from office.
(15) Except as provided in subsection (16), the secretary of
state shall keep all abstracts received under this section at the
secretary of state's main office and the abstracts shall be open
for public inspection during the office's usual business hours.
Each abstract shall be entered upon the master driving record of
the person to whom it pertains.
(16) Except for controlled substance offenses described in
subsection (4), the court shall not submit, and the secretary of
state shall discard and not enter on the master driving record, an
abstract for a conviction or civil infraction determination for any
of the following violations:
(a) The parking or standing of a vehicle.
(b) A nonmoving violation that is not the basis for the
secretary of state's suspension, revocation, or denial of an
operator's or chauffeur's license.
(c) A violation of chapter II that is not the basis for the
secretary of state's suspension, revocation, or denial of an
operator's or chauffeur's license.
(d) A pedestrian, passenger, or bicycle violation, other than
a violation of section 703(1) or (2) of the Michigan liquor control
code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance
substantially corresponding to section 703(1) or (2) of the
Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or
section 624a or 624b or a local ordinance substantially
corresponding to section 624a or 624b.
(e) A violation of section 710e or a local ordinance
substantially corresponding to section 710e.
(f) A violation of section 328(1) if, before the appearance
date on the citation, the person submits proof to the court that
the motor vehicle had insurance meeting the requirements of
sections 3101 and 3102 of the insurance code of 1956, 1956 PA 218,
MCL 500.3101 and 500.3102, at the time the citation was issued.
Insurance obtained subsequent to the time of the violation does not
make the violation an exception under this subsection.
(g) A violation described in section 319b(10)(b)(vii) if,
before the court appearance date or date fines are to be paid, the
person submits proof to the court that he or she held a valid
commercial driver license on the date the citation was issued.
(h) A violation of section 311 if the person was driving a
noncommercial vehicle and, before the court appearance date or the
date fines are to be paid, the person submits proof to the court
that he or she held a valid driver license on the date the citation
was issued.
(i) A violation of section 602b(1) or 602c.
(j) A violation for operating a motor vehicle at a speed of 5
miles per hour or less over the speed limit.
(17) Except as otherwise provided in this subsection, the
secretary of state shall discard and not enter on the master
driving record an abstract for a bond forfeiture that occurred
outside this state. The secretary of state shall enter on the
master driving record an abstract for a conviction as defined in
section 8a(b) that occurred outside this state in connection with
the operation of a commercial motor vehicle or for a conviction of
a person licensed as a commercial motor vehicle driver.
(18) The secretary of state shall inform the courts of this
state of the nonmoving violations and violations of chapter II that
are used by the secretary of state as the basis for the suspension,
restriction, revocation, or denial of an operator's or chauffeur's
license.
(19) If a conviction or civil infraction determination is
reversed upon appeal, the person whose conviction or determination
has been reversed may serve on the secretary of state a certified
copy of the order of reversal. The secretary of state shall enter
the order in the proper book or index in connection with the record
of the conviction or civil infraction determination.
(20) The secretary of state may permit a city or village
department, bureau, person, or court to modify the requirement as
to the time and manner of reporting a conviction, civil infraction
determination, or settlement to the secretary of state if the
modification will increase the economy and efficiency of collecting
and utilizing the records. If the permitted abstract of court
record reporting a conviction, civil infraction determination, or
settlement originates as a part of the written notice to appear,
authorized in section 728(1) or 742(1), the form of the written
notice and report shall be as prescribed by the secretary of state.
(21) Notwithstanding any other law of this state, a court
shall not take under advisement an offense committed by a person
while operating a commercial motor vehicle or by a person licensed
to drive a commercial motor vehicle while operating a noncommercial
motor vehicle at the time of the offense, for which this act
requires a conviction or civil infraction determination to be
reported to the secretary of state. A conviction or civil
infraction determination that is the subject of this subsection
shall not be masked, delayed, diverted, suspended, or suppressed by
a court. Upon a conviction or civil infraction determination, the
conviction or civil infraction determination shall immediately be
reported to the secretary of state in accordance with this section.
(22) Except as provided in this act and notwithstanding any
other provision of law, a court shall not order expunction of any
violation reportable to the secretary of state under this section.