HOUSE BILL No. 4584 April 17, 2001, Introduced by Reps. Jelinek, Julian, Richardville, Pumford, Pappageorge, LaSata and Stallworth and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 724 and 907 (MCL 257.724 and 257.907), sec- tion 724 as amended by 1988 PA 346 and section 907 as amended by 1998 PA 103. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 724. (1) A police officer or a duly authorized agent 2 of the state transportation department or a county road commis- 3 sion OR A MOTOR CARRIER OFFICER OF THE DEPARTMENT OF STATE POLICE 4 having reason to believe that the weight of a vehicle and load is 5 unlawful may require the driver to stop and submit to a weighing 6 of the vehicle by either portable or stationary scales approved 7 and sealed by the department of agriculture as a legal weighing 8 device, and may require that the vehicle be driven to the nearest 9 weighing station of the state transportation departmentfor the02132'01 JJG 2 1purpose of allowing an officer or agent of the state2transportation department or county road commissionto determine 3 whether OR NOT theconveyanceVEHICLE is loadedin conformity4withAS PRESCRIBED BY this chapter. 5 (2)WhenIF the officer or agent,uponAFTER weighing a 6 vehicle and load, determines that the weight is unlawful, the 7 officer or agent may require the driver to stop the vehicle in a 8 suitable place and remain standing until that portion of the load 9 is shifted or removed as necessary to reduce the gross axle load 10 weight of the vehicle to the limit permitted under this chapter. 11 THE OFFICER MAY DEMAND FROM THE DRIVER A BOND OF $200.00 PLUS THE 12 AMOUNT OF THE FINE AS CALCULATED UNDER SUBSECTION (3). All mate- 13 rial unloaded as provided under this subsection shall be cared 14 for by the owner or operator of the vehicle at the risk of the 15 owner or operator. Ajudge or magistrateCOURT imposing a 16 civil fine and costs under this section which are not paid in 17 full immediately or for which a bond is not immediately posted 18in double the amount of the civil fine and costsshall order 19 the driver or owner to move the vehicle at the driver's own risk 20 to a place of safekeeping within the jurisdiction of thejudge21or magistrateCOURT, inform thejudge or magistrateCOURT in 22 writing of the place of safekeeping, andkeepHOLD the vehicle 23 until the fine and costs are paid or sufficient bond is furnished 24 or until thejudge or magistrateCOURT is satisfied that the 25 fine and costs will be paid. The officer or agent who has deter- 26 mined, after weighing a vehicle and load, that the weight is 27 unlawful, may require the driver to proceed to ajudge or02132'01 3 1magistrateCOURT within the county. If thejudge or2magistrateCOURT is satisfied that the probable civil fine and 3 costs will be paid by the owner or lessee, thejudge or4magistrateCOURT may allow the driver to proceed, after the load 5 is madelegalTO COMPLY WITH THIS CHAPTER. If thejudge or6magistrateCOURT is not satisfied that the owner or lessee, 7 after a notice and a right to be heard on the merits is given, 8 will pay the amount of the probable civil fine and costs, the 9judge or magistrateCOURT may order the vehicle to be impounded 10 until trial on the merits is completed under conditions set forth 11 in this section for the impounding of vehicles after the civil 12 fine and costs have been imposed. Removal of the vehicle, and 13 forwarding, care, or preservation of the load shall be under the 14 control of and at the risk of the owner or driver. Vehicles 15 impounded shall be subject to a lien, subject to a prior valid 16 bona fide lien of prior record, in the amount of the civil fine 17 and costs and if the civil fine and costs are not paid within 189030 days after the seizure, thejudge or magistrateCOURT 19 shall certify the unpaid judgment to the prosecuting attorney of 20 the county in which the violation occurred, who shall proceed to 21 enforce the lien by foreclosure sale in accordance with procedure 22 authorized in the case of chattel mortgage foreclosures. When 23 the duly authorized agent of the state transportation department 24 or county road commission OR A MOTOR CARRIER OFFICER OF THE 25 DEPARTMENT OF STATE POLICE is performing duties under this chap- 26 ter, the agent shall have all the powers conferred upon peace 27 officers by the general laws of this state. 02132'01 4 1 (3) An owner of a vehicle,ora lessee of the vehicle of 2 an owner-operator,orAND ANY other person OR ENTITY, who 3 causes or allows a vehicle to be loaded and driven or moved on a 4 highway, when the weight of that vehicle violates section 722 5isARE JOINTLY AND SEVERALLY responsible for a civil infraction 6 and shall pay a civil fine in an amount equal to 3 cents per 7 pound for each pound of excess load over 1,000 pounds when the 8 excess is 2,000 pounds or less; 6 cents per pound of excess load 9 when the excess is over 2,000 pounds but not over 3,000 pounds; 9 10 cents per pound for each pound of excess load when the excess is 11 over 3,000 pounds but not over 4,000 pounds; 12 cents per pound 12 for each pound of excess load when the excess is over 4,000 13 pounds but not over 5,000 pounds; 15 cents per pound for each 14 pound of excess load when the excess is over 5,000 pounds but not 15 over 10,000 pounds; and 20 cents per pound for each pound of 16 excess load when the excess is over 10,000 pounds. However, the 17 court shall have discretionary power as to the amount of the 18 civil fine within the schedule provided by this subsection and 19 may impose the civil fine provided in section 907(3) for a civil 20 infraction where, at the time of the violation, either the motor 21 vehicle, motor vehicle and semitrailer, or trailer did not exceed 22 the total weight which would be lawful for each unit by a proper 23 distribution of the load upon the various axles supporting each 24 unit. 25 (4) A driver or owner of a vehicle, truck or truck tractor, 26 truck or truck tractor with other vehicles in combination, or 27 special mobile equipment who knowingly fails to stop at or who 02132'01 5 1 knowingly bypasses any scales or weighing station is guilty of a 2 misdemeanor PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 1 YEAR 3 OR BY A FINE OF NOT LESS THAN $500.00 OR MORE THAN $1,000.00, OR 4 BOTH. 5 (5) An agent or authorized representative of the state 6 transportation department or a county road commission OR A MOTOR 7 CARRIER OFFICER OF THE DEPARTMENT OF STATE POLICE shall not stop 8 a truck or vehicle in movement upon a road or highway within the 9 state for any purpose, unless the agent or authorized representa- 10 tive is driving a duly marked vehicle, clearly showing and denot- 11 ing the branch of government represented. 12 (6) A driver or owner of a vehicle who knowingly fails to 13 stop when requested or ordered to do so by a police officer, or a 14 duly authorized agent of the state transportation department, or 15 a representative or agent of a county road commission, OR A MOTOR 16 CARRIER OFFICER OF THE DEPARTMENT OF STATE POLICE, authorized to 17 require the driver to stop and submit to a weighing of the vehi- 18 cle and load by means of a portable scale, is guilty of a misde- 19 meanor PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR BY 20 A FINE OF NOT LESS THAN $500.00 OR MORE THAN $1,000.00, OR BOTH. 21 (7) A PERSON RESPONSIBLE OR RESPONSIBLE "WITH EXPLANATION" 22 FOR A CIVIL INFRACTION VIOLATION OF THIS SECTION OR SECTION 722 23 SHALL NOT BE ASSESSED COSTS OF MORE THAN $200.00. 24 Sec. 907. (1) A violation of this act, or a local ordinance 25 substantially corresponding to a provision of this act, which is 26 designated a civil infraction shall not be considered a lesser 27 included offense of a criminal offense. 02132'01 6 1 (2) If a person is determined pursuant to sections 741 to 2 750 to be responsible or responsible "with explanation" for a 3 civil infraction under this act or a local ordinance substan- 4 tially corresponding to a provision of this act, the judge, dis- 5 trict court referee, or district court magistrate may order the 6 person to pay a civil fine of not more than $100.00 and costs as 7 provided in subsection (4). However, for a violation of 8 section 674(1)(s) or a local ordinance substantially correspond- 9 ing to section 674(1)(s), the person shall be ordered to pay 10 costs as provided in subsection (4) and a civil fine of not less 11 than $50.00 or more than $100.00. For a violation of section 328 12 or 710d, the civil fine ordered under this subsection shall not 13 exceed $10.00. For a violation of section 710e, the civil fine 14 and court costs ordered under this subsection shall be $25.00. 15 For a violation of section 682 or a local ordinance substantially 16 corresponding to section 682, the person shall be ordered to pay 17 costs as provided in subsection (4) and a civil fine of not less 18 than $100.00 or more than $500.00. Permission may be granted for 19 payment of a civil fine and costs to be made within a specified 20 period of time or in specified installments, but unless permis- 21 sion is included in the order or judgment, the civil fine and 22 costs shall be payable immediately. 23 (3) If a person is determined to be responsible or responsi- 24 ble "with explanation" for a civil infraction under this act or a 25 local ordinance substantially corresponding to a provision of 26 this act while driving a commercial motor vehicle, he or she 02132'01 7 1 shall be ordered to pay costs as provided in subsection (4) and a 2 civil fine of not more than $250.00. 3 (4) If a civil fine is ordered to be paid under 4 subsection (2) or (3), the judge, district court referee, or dis- 5 trict court magistrate shall summarily tax and determine the 6 costs of the action, which shall not be limited to the costs tax- 7 able in ordinary civil actions, and may include all expenses, 8 direct and indirect, to which the plaintiff has been put in con- 9 nection with the civil infraction, up to the entry of judgment. 10 Except in a civil infraction for a parking violation, costs of 11 not less than $5.00 shall be ordered.CostsEXCEPT FOR A CIVIL 12 INFRACTION VIOLATION OF SECTIONS 722 AND 724, COSTS shall not be 13 ordered in excess of $100.00. Except as otherwise provided by 14 law, costs shall be payable to the general fund of the 15 plaintiff. 16 (5) In addition to a civil fine and costs ordered under 17 subsection (2) or (3) and subsection (4), the judge, district 18 court referee, or district court magistrate may order the person 19 to attend and complete a program of treatment, education, or 20 rehabilitation. 21 (6) A district court referee or district court magistrate 22 shall impose the sanctions permitted under subsections (2), (3), 23 and (5) only to the extent expressly authorized by the chief 24 judge or only judge of the district court district. 25 (7) Each district of the district court and each municipal 26 court may establish a schedule of civil fines and costs to be 27 imposed for civil infractions which occur within the respective 02132'01 8 1 district or city. If a schedule is established, it shall be 2 prominently posted and readily available for public inspection. 3 A schedule need not include all violations which are designated 4 by law or ordinance as civil infractions. A schedule may exclude 5 cases on the basis of a defendant's prior record of civil infrac- 6 tions or traffic offenses, or a combination of civil infractions 7 and traffic offenses. 8 (8) The state court administrator shall annually publish and 9 distribute to each district and court a recommended range of 10 civil fines and costs for first-time civil infractions. This 11 recommendation shall not be binding upon the courts having juris- 12 diction over civil infractions but is intended to act as a norma- 13 tive guide for judges, district court referees, and district 14 court magistrates and a basis for public evaluation of dispari- 15 ties in the imposition of civil fines and costs throughout the 16 state. 17 (9) If a person has received a civil infraction citation for 18 defective safety equipment on a vehicle under section 683, the 19 court shall waive a civil fine and costs, upon receipt of certi- 20 fication by a law enforcement agency that repair of the defective 21 equipment was made before the appearance date on the citation. 22 (10) A default in the payment of a civil fine or costs 23 ordered under subsection (2), (3), or (4) or an installment of 24 the fine or costs may be collected by a means authorized for the 25 enforcement of a judgment under chapter 40 of the revised judica- 26 ture act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or under 02132'01 9 1 chapter 60 of the revised judicature act of 1961, 1961 PA 236, 2 MCL 600.6001 to 600.6098. 3 (11) If a person fails to comply with an order or judgment 4 issued pursuant to this section, within the time prescribed by 5 the court, the driver's license of that person shall be suspended 6 pursuant to section 321a until full compliance with that order or 7 judgment occurs. In addition to this suspension, the court may 8 also proceed under section 908. 9 (12) The court shall waive any civil fine or cost against a 10 person who received a civil infraction citation for a violation 11 of section 710d if the person, before the appearance date on the 12 citation, supplies the court with evidence of acquisition, pur- 13 chase, or rental of a child seating system meeting the require- 14 ments of section 710d. 15 (13) In addition to any fines and costs ordered to be paid 16 under this section, the judge, district court referee, or dis- 17 trict court magistrate shall levy an assessment of $5.00 for each 18 civil infraction determination, except for a parking violation or 19 a violation for which the total fine and costs imposed are $10.00 20 or less. Upon payment of the assessment, the clerk of the court 21 shall transmit the assessment levied to the state treasury to be 22 deposited into the Michigan justice training fund. An assessment 23 levied under this subsection shall not be considered a civil fine 24 for purposes of section 909. 25 (14) If a person has received a citation for a violation of 26 section 223, the court shall waive any fine and costs, upon 27 receipt of certification by a law enforcement agency that the 02132'01 10 1 person, before the appearance date on the citation, produced a 2 valid registration certificate that was valid on the date the 3 violation of section 223 occurred. 02132'01 Final page. JJG