SENATE BILL NO. 1098 April 30, 1998, Introduced by Senators STILLE, MC MANUS and NORTH and referred to the Committee on Transportation and Tourism. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 684 and 907 (MCL 257.684 and 257.907), sec- tion 907 as amended by 1995 PA 287. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 684. (1)(a) EveryEXCEPT AS PROVIDED IN SECTION 694 2 WITH RESPECT TO PARKED VEHICLES, A vehicle upon a highway within 3 this stateat any time from a half hour after sunset to a half4hour before sunrise and at any other time when there is not suf-5ficient light to render clearly discernible persons and vehicles6on the highway at a distance of 500 feet aheadshall display 7 lighted lamps and illuminating devices ashereinafter8respectivelyrequired IN THIS ACT for different classes of 9 vehicles, subject to exceptions with respect to parked vehicles10as hereinafter stated.AT ALL OF THE FOLLOWING TIMES: 05663'98 TLG 2 1 (A) FROM 1/2 HOUR AFTER SUNSET TO 1/2 HOUR BEFORE SUNRISE. 2 (B) WHEN THERE IS NOT SUFFICIENT LIGHT TO RENDER CLEARLY 3 DISCERNIBLE PERSONS AND VEHICLES ON THE HIGHWAY AT A DISTANCE OF 4 1,000 FEET AHEAD. 5 (C) DURING ANY TYPE OF PRECIPITATION SUCH AS RAIN, FOG, 6 SNOW, OR WHEN A REASONABLE OPERATOR WOULD OPERATE THE VEHICLE'S 7 WINDSHIELD WIPERS. 8 (2) A PERSON WHO VIOLATES SUBSECTION (1) IS RESPONSIBLE FOR 9 A CIVIL INFRACTION FOR WHICH A FINE OF $50.00 SHALL BE ORDERED. 10 HOWEVER, POINTS SHALL NOT BE ASSESSED UNDER SECTION 320A FOR A 11 VIOLATION OF THIS SECTION. AN ABSTRACT REQUIRED UNDER SECTION 12 732 SHALL NOT BE SUBMITTED TO THE SECRETARY OF STATE REGARDING A 13 VIOLATION OF THIS SECTION. 14 (3) When lighted lamps and illuminated devices are required 15 by law,noA vehicle shall NOT be operated upon any highway of 16 this state with only the parking lights illuminated on the front 17 of the vehicle. 18 (4)(b) WheneverIF A requirement ishereinafter19declaredPROVIDED IN THIS ACT as to the distance from which cer- 20 tain lamps and devices shall render objects visible or within 21 which such lamps or devices shall be visible,said provisions22 THE REQUIREMENT shall apply during the times stated inparagraph23(a) of this sectionSUBSECTION (1) upon a straight, level, 24 unlighted highway under normal atmospheric conditions unless a 25 different time or condition is expressly stated. 26 (5)(c) WheneverIF A requirement ishereinafter27declaredPROVIDED IN THIS ACT as to the mounted height of lamps 05663'98 3 1 or devices, it shall mean from the center ofsuchTHE lamp or 2 device to the level ground upon which the vehicle stands when 3suchTHE vehicle is without a load. 4 Sec. 907. (1) A violation of this act, or a local ordinance 5 substantially corresponding to a provision of this act, which is 6 designated a civil infraction shall not be considered a lesser 7 included offense of a criminal offense. 8 (2) If a person is determined pursuant to sections 741 to 9 750 to be responsible or responsible "with explanation" for a 10 civil infraction under this act or a local ordinance substan- 11 tially corresponding to a provision of this act, the judge, dis- 12 trict court referee, or district court magistrate may order the 13 person to pay a civil fine of not more than $100.00 and costs as 14 provided in subsection (4). However, for a violation of 15 section 674(1)(s) or a local ordinance substantially correspond- 16 ing to section 674(1)(s), the person shall be ordered to pay 17 costs as provided in subsection (4) and a civil fine of not less 18 than $50.00 nor more than $100.00. For a violation of section 19 328 or 710d, the civil fine ordered under this subsection shall 20 not exceed $10.00. For a violation of section 710e, the civil 21 fine and court costs ordered under this subsection shall be 22 $25.00. FOR A VIOLATION OF SECTION 684(1), A CIVIL FINE ORDERED 23 UNDER THIS SUBSECTION SHALL BE $50.00. Permission may be granted 24 for payment of a civil fine and costs to be made within a speci- 25 fied period of time or in specified installments, but unless per- 26 mission is included in the order or judgment, the civil fine and 27 costs shall be payable immediately. 05663'98 4 1 (3) If a person is determined to be responsible or 2 responsible "with explanation" for a civil infraction under this 3 act or a local ordinance substantially corresponding to a provi- 4 sion of this act while driving a commercial motor vehicle, he or 5 she shall be ordered to pay costs as provided in subsection (4) 6 and a civil fine of not more than $250.00. 7 (4) If a civil fine is ordered to be paid under 8 subsection (2) or (3), the judge, district court referee, or dis- 9 trict court magistrate shall summarily tax and determine the 10 costs of the action, which shall not be limited to the costs tax- 11 able in ordinary civil actions, and may include all expenses, 12 direct and indirect, to which the plaintiff has been put in con- 13 nection with the civil infraction, up to the entry of judgment. 14 Except in a civil infraction for a parking violation, costs of 15 not less than $5.00 shall be ordered. Costs shall not be ordered 16 in excess of $100.00. Except as otherwise provided by law, costs 17 shall be payable to the general fund of the plaintiff. 18 (5) In addition to a civil fine and costs ordered under 19 subsection (2) or (3) and subsection (4), the judge, district 20 court referee, or district court magistrate may order the person 21 to attend and complete a program of treatment, education, or 22 rehabilitation. 23 (6) A district court referee or district court magistrate 24 shall impose the sanctions permitted under subsections (2), (3), 25 and (5) only to the extent expressly authorized by the chief 26 judge or only judge of the district court district. 05663'98 5 1 (7) Each district of the district court and each municipal 2 court may establish a schedule of civil fines and costs to be 3 imposed for civil infractions which occur within the respective 4 district or city. If a schedule is established, it shall be 5 prominently posted and readily available for public inspection. 6 A schedule need not include all violations which are designated 7 by law or ordinance as civil infractions. A schedule may exclude 8 cases on the basis of a defendant's prior record of civil infrac- 9 tions or traffic offenses, or a combination of civil infractions 10 and traffic offenses. 11 (8) The state court administrator shall annually publish and 12 distribute to each district and court a recommended range of 13 civil fines and costs for first-time civil infractions. This 14 recommendation shall not be binding upon the courts having juris- 15 diction over civil infractions but is intended to act as a norma- 16 tive guide for judges, district court referees, and district 17 court magistrates and a basis for public evaluation of dispari- 18 ties in the imposition of civil fines and costs throughout the 19 state. 20 (9) If a person has received a civil infraction citation for 21 defective safety equipment on a vehicle under section 683, the 22 court shall waive a civil fine and costs, upon receipt of certi- 23 fication by a law enforcement agency that repair of the defective 24 equipment was made before the appearance date on the citation. 25 (10) A default in the payment of a civil fine or costs 26 ordered under subsection (2), (3), or (4) or an installment of 27 the fine or costs may be collected by a means authorized for the 05663'98 6 1 enforcement of a judgment under chapter 40 OR 60 of the revised 2 judicature act of 1961,Act No. 236 of the Public Acts of 1961,3being sections 600.4001 to 600.4065 of the Michigan Compiled4Laws, or under chapter 60 of Act No. 236 of the Public Acts of51961, being sections 600.6001 to 600.6098 of the Michigan6Compiled Laws1961 PA 236, MCL 600.4001 TO 600.4065 AND 600.6001 7 TO 600.6098. 8 (11) If a person fails to comply with an order or judgment 9 issued pursuant to this section, within the time prescribed by 10 the court, the driver's license of that person shall be suspended 11 pursuant to section 321a until full compliance with that order or 12 judgment occurs. In addition to this suspension, the court may 13 also proceed under section 908. 14 (12) The court shall waive any civil fine or cost against a 15 person who received a civil infraction citation for a violation 16 of section 710d if the person, before the appearance date on the 17 citation, supplies the court with evidence of acquisition, pur- 18 chase, or rental of a child seating system meeting the require- 19 ments of section 710d. 20 (13) In addition to any fines and costs ordered to be paid 21 under this section, the judge, district court referee, or dis- 22 trict court magistrate shall levy an assessment of $5.00 for each 23 civil infraction determination, except for a parking violation or 24 a violation for which the total fine and costs imposed are $10.00 25 or less. Upon payment of the assessment, the clerk of the court 26 shall transmit the assessment levied to the state treasury to be 27 deposited into the Michigan justice training fund. An assessment 05663'98 7 1 levied under this subsection shall not be considered a civil fine 2 for purposes of section 909. 3 (14) If a person has received a citation for a violation of 4 section 223, the court shall waive any fine and costs, upon 5 receipt of certification by a law enforcement agency that the 6 person, before the appearance date on the citation, produced a 7 valid registration certificate that was valid on the date the 8 violation of section 223 occurred. 05663'98 Final page. TLG