SENATE BILL No. 585
July 10, 2001, Introduced by Senator GARCIA and referred to the Committee on Economic Development, International Trade and Regulatory Affairs.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 76, 79, 627, 719a, 719b, 725, and 801 (MCL
257.76, 257.79, 257.627, 257.719a, 257.719b, 257.725, and
257.801), section 79 as amended by 1992 PA 134, section 627 as
amended by 1990 PA 165, section 719a as amended by 1996 PA 136,
section 719b as amended by 1993 PA 243, section 725 as amended by
1998 PA 247, and section 801 as amended by 2000 PA 502.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 76. "Transporter"
means every A person engaged in
2 the business of delivering vehicles of a type required to be reg-
3 istered hereunder
UNDER THIS
ACT from a manufacturing,
4 assembling, or distributing
plant to dealers or sales agents
A
5 DEALER OR SALES AGENT of a
manufacturer, and every A person
6 certificated by the Michigan public service commission to engage
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1 in the business of moving A
trailer coaches COACH or
mobile
2 homes A
MANUFACTURED HOME.
This section shall DOES not
affect
3 duly AN
authorized permit
holders HOLDER.
4 Sec. 79. "Vehicle" means every device in, upon, or by which
5 any person or property is or may be transported or drawn upon a
6 highway, except devices exclusively moved by human power or used
7 exclusively upon stationary rails or tracks and except, only for
8 the purpose of titling and registration under this act, a
9 mobile
MANUFACTURED home as
defined in section 2 of the mobile
10 home
MANUFACTURED HOUSING
commission act, Act No. 96 of the
11 Public Acts of 1987,
being
section 125.2302 of the Michigan
12 Compiled Laws
1987 PA 96, MCL
125.2302.
13 Sec. 627. (1) A person driving a vehicle on a highway shall
14 drive at a careful and prudent speed not greater than nor less
15 than is reasonable and proper, having due regard to the traffic,
16 surface, and width of the highway and of any other condition
17 then existing
THAT EXISTS. A
person shall not drive a vehicle
18 upon a highway at a speed
greater than that which will
permit A
19 SPEED THAT PERMITS a stop within the assured, clear distance
20 ahead.
21 (2) Subject to subsection (1) and except in those instances
22 where a lower speed is specified in this chapter, it is prima
23 facie lawful for the driver of a vehicle to drive at a speed not
24 exceeding the following, except
when this speed would be IS
25 unsafe:
26 (a) 25 miles an hour on
all highways A HIGHWAY in a
27 business or residence district as defined in this act.
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1 (b) 25 miles an hour in A
public parks PARK unless a
2 different speed is fixed and duly posted.
3 (3) It is prima facie unlawful for a person to exceed the
4 speed limits prescribed in subsection (2), except as provided in
5 section 629.
6 (4) The driver of a vehicle
in a mobile MANUFACTURED home
7 park as defined in section 2 of
the mobile home MANUFACTURED
8 HOUSING commission act,
Act No.
96 of the Public Acts of 1987,
9 being section 125.2302
of the
Michigan Compiled Laws 1987 PA 96,
10 MCL 125.2302, shall drive at a careful and prudent speed, not
11 greater than a speed
which
THAT is reasonable and proper,
12 having due regard for the traffic, surface, width of the roadway,
13 and all other conditions existing, and not greater than a speed
14 which will permit
THAT PERMITS
a stop within the assured clear
15 distance ahead. It is prima facie unlawful for the driver of a
16 vehicle to drive at a speed exceeding 15 miles an hour in a
17 mobile
MANUFACTURED home park
as defined in section 2 of Act
18 No. 96 of the Public
Acts of
1987 THE MANUFACTURED HOUSING COM-
19 MISSION ACT, 1987 PA 96, MCL 125.2302.
20 (5) A person driving a passenger vehicle drawing another
21 vehicle or trailer shall not exceed a speed of 55 miles per hour,
22 unless the vehicle or trailer has 2 wheels or less and does not
23 exceed the combined weight of 750 pounds for the vehicle or
24 trailer and load, or IS a trailer coach of not more than 26 feet
25 in length with brakes on each wheel and attached to the passenger
26 vehicle with an equalizing or stabilizing coupling unit.
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1 (6) A truck with a gross weight of 10,000 pounds or more, a
2 truck-tractor with a trailer, or a combination of these vehicles
3 shall not exceed a speed of 55 miles per hour on highways,
4 streets, or freeways, and shall not exceed a speed of 35 miles
5 per hour during the period when reduced loadings are being
6 enforced in accordance with this chapter.
7 (7) A person driving a school bus shall not exceed the speed
8 of 50 miles per hour.
9 (8) The maximum rates of speeds allowed pursuant to this
10 section are subject to the maximum rate established pursuant to
11 section 629b.
12 (9) A person operating a vehicle on a highway, when entering
13 and passing through a designated work area where a normal lane or
14 part of the lane of traffic has been closed due to highway con-
15 struction, maintenance, or surveying activities, shall not exceed
16 a speed of 45 miles per hour unless otherwise determined and
17 posted by the state transportation department, a county road com-
18 mission, or a local authority. The state transportation depart-
19 ment, a county road commission, or a local authority shall iden-
20 tify on streets and highways under its jurisdiction a designated
21 work area with traffic control
devices which THAT are in con-
22 formance with the Michigan manual of uniform traffic control
23 devices. A person shall not exceed a speed limit established
24 under this section or a speed limit established pursuant to sec-
25 tion 628 or 629.
26 (10) A person who violates this section is responsible for a
27 civil infraction.
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1 Sec. 719a. (1) Notwithstanding any other provisions of this
2 act, a person shall not operate on the highways of this state a
3 towing vehicle to which a
mobile MANUFACTURED home is
attached,
4 if that mobile
MANUFACTURED
home is more than 45 feet in length
5 or more than 60 feet in length when combined with the towing
6 vehicle, is more than 12-1/2 feet in height, and has an actual
7 body width of more than 102 inches at base rail, unless that
8 person possesses either of the following:
9 (a) A permit issued by the jurisdictional authority pursuant
10 to this section.
11 (b) A special permit issued by the jurisdictional authority
12 pursuant to section 725.
13 (2) The jurisdictional
authority may issue to a mobile
14 MANUFACTURED home transport
company, a mobile MANUFACTURED
home
15 manufacturer, or a
mobile
MANUFACTURED home dealer an annual
16 permit to move over a highway, in the ordinary course of that
17 company's, manufacturer's, or
dealer's business, a mobile
18 MANUFACTURED home that conforms to each of the following:
19 (a) The mobile
MANUFACTURED home is not more than
12 feet
20 wide.
21 (b) The actual body length
of the mobile MANUFACTURED home
22 is not more than 80 feet and the
combined length of the mobile
23 MANUFACTURED home and towing vehicle is not more than 105 feet or
24 the total length of a
combination of mobile
MANUFACTURED homes
25 is not more than 80 feet and the total length of a combination of
26 mobile
MANUFACTURED homes and
towing vehicle is not more than
27 105 feet.
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1 (3) A jurisdictional authority may, in accordance with
2 section 725, issue a special permit for the movement of a
3 mobile
MANUFACTURED home over
a highway within its jurisdiction
4 if the width of that
mobile
MANUFACTURED home conforms to both
5 of the following:
6 (a) The mobile
MANUFACTURED home is not more than
16 feet
7 wide plus normal appurtenances or eaves that extend not more than
8 6 inches from any side of the
mobile MANUFACTURED home.
9 (b) The length of the
mobile MANUFACTURED home complies
10 with subsection (2)(b).
11 (4) A person operating a towing vehicle under subsection (3)
12 shall transport a mobile
MANUFACTURED home only on the lane
13 farthest to the right of that person. A person shall not move a
14 mobile
MANUFACTURED home that
is 14 or more feet in width
15 including an eave of 2 feet when the wind velocity exceeds 25
16 miles per hour.
17 (5) A jurisdictional authority shall not issue a permit
18 described in subsection (2) or (3) for the transport of a
19 mobile
MANUFACTURED home on a
Saturday, Sunday, legal holiday,
20 from the noon before until the noon after a holiday, or during
21 the hours between sunset and sunrise.
22 (6) A jurisdictional authority shall provide and a person
23 operating a towing vehicle shall comply with all of the following
24 in a permit issued under this section:
25 (a) The date, day, and time
period during which a mobile
26 MANUFACTURED home subject to the permit may be moved on a
27 highway.
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1 (b) Notice that the permit is conditioned upon its holder's
2 compliance with the permit's terms and with the law.
3 (c) Notice that the operator of a towing vehicle transport-
4 ing the mobile
MANUFACTURED
home shall operate the towing vehi-
5 cle on a highway as follows:
6 (i) At a safe speed and in a safe manner that will not
7 impede motor traffic.
8 (ii) Only when the surface condition of the highway is not
9 slippery.
10 (iii) In accordance with seasonal load restrictions.
11 (d) For a mobile
MANUFACTURED home and towing
vehicle
12 that, when combined, are more than 80 feet in length or more than
13 12 feet wide, all of the following:
14 (i) Notice that
the mobile
MANUFACTURED home shall be
15 equipped with 2 flashing amber
lights on the rear of the mobile
16 MANUFACTURED home and 1 flashing amber light on the top of the
17 towing vehicle.
18 (ii) Notice that
the mobile
MANUFACTURED home shall be
19 equipped with stop lights and directional lights on the rear of
20 the mobile
MANUFACTURED home.
21 (iii) Notice that signs with the words "oversize load" shall
22 be displayed on the front bumper of the towing vehicle and the
23 back of the mobile
MANUFACTURED home or, in the case
of mobile
24 homes A
MANUFACTURED HOME that
are IS 16 feet wide, notice
25 that signs with the words "16-ft wide load" shall be displayed on
26 the front bumper of the towing vehicle and the back of the
27 mobile
MANUFACTURED home.
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1 (iv) Notice that the signs identified in subparagraph (iii)
2 shall be of durable material, in good condition, with black let-
3 tering on interstate yellow background, and that each letter
4 shall be of block lettering not less than 12 inches high at the
5 front and not less than 16 inches high at the rear of the unit.
6 (v) Notice that a vehicle escort is required on those roads
7 where the state police consider escort vehicles necessary for
8 highway safety.
9 (7) Signs and other special identification for escort vehi-
10 cles shall conform to state transportation department require-
11 ments for all escort vehicles for oversized loads.
12 (8) For a mobile
MANUFACTURED home being moved
pursuant to
13 this section or section 725, the
distance between mobile
14 MANUFACTURED home axle centers shall not be less than 34 inches.
15 The axles and tires shall meet standards established by the state
16 transportation department.
17 (9) This section does not grant or give authority to the
18 state transportation department that did not exist on May 1,
19 1982, in accordance with section 127 of title 23 of the United
20 States Code, 23 U.S.C. 127.
21 (10) A person who violates this section is responsible for a
22 civil infraction and may be assessed a civil fine of not more
23 than $500.00. The owner of the towing vehicle may be charged
24 with a violation of this section.
25 (11) The state transportation commission may order the state
26 transportation department to immediately cease issuing all
27 special permits to move on the
highways of the lower peninsula
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1 LOWER PENINSULA of this state a
mobile MANUFACTURED home that
2 is more than 14-1/3 feet wide plus normal appurtenances that
3 extend no more than 6 inches, and an eave that extends no more
4 than 2 feet from the width of
that mobile MANUFACTURED home
5 upon a state transportation commission determination that those
6 permits create an unreasonable safety hazard or hazards. The
7 state transportation commission shall notify all other jurisdic-
8 tional authorities of the determination made under this
9 subsection. The order shall not prohibit the issuance of a spe-
10 cial permit for the movement of
a mobile MANUFACTURED home if a
11 binding contract for the
movement of that mobile
MANUFACTURED
12 home was executed before the commission determination of an
13 unreasonable safety hazard or hazards.
14 (12) As used in this section:
15 (a) "Jurisdictional authority" means the state transporta-
16 tion department, a county road commission, or a local authority
17 having jurisdiction over a
highway upon which a mobile
18 MANUFACTURED home is proposed to be moved.
19 (b) "Mobile
"MANUFACTURED
home" means any EITHER of the
20 following:
21 (i) A prebuilt housing module.
22 (ii) That term as
defined in
section 2 of the mobile home
23 MANUFACTURED HOUSING
commission
act, Act No. 96 of the Public
24 Acts of 1987, being
section
125.2302 of the Michigan Compiled
25 Laws 1987
PA 96, MCL 125.2302.
26 (iii) A section of
a mobile
MANUFACTURED home as that term
27 is defined in subparagraph (ii).
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1 Sec. 719b. All
mobile
homes A MANUFACTURED HOME
2 transported on the highways of the Lower Peninsula of this state
3 that are IS
more than 14-1/3
feet wide, plus normal appurte-
4 nances that extend no more than 6 inches, and an eave that
5 extends no more than 2 feet from
the width of the mobile
6 MANUFACTURED home,
are IS
subject to ALL OF the following
7 requirements in addition to the requirements of section 719a:
8 (a) Two escort vehicles shall escort the towing vehicle and
9 mobile
MANUFACTURED home on
all 2-lane roads and on those roads
10 where the state police consider 2 escort vehicles necessary for
11 highway safety.
12 (b) Each towing vehicle shall be equipped with a radio or
13 other device that allows for continuous communication between the
14 towing vehicle and each escort vehicle.
15 (c) The person transporting
the mobile MANUFACTURED home
16 shall have in effect a liability insurance policy covering per-
17 sonal injury and property damage and having policy limits of not
18 less than $1,000,000.00.
19 (d) The towing vehicle and
mobile MANUFACTURED home shall
20 not exceed a speed of 45 miles per hour or 10 miles per hour
21 below the posted speed limit, whichever is lower.
22 Sec. 725. (1) Upon receipt of a written application and
23 good cause being shown, a jurisdictional authority may issue a
24 written special permit authorizing an applicant to operate upon
25 or remove from a highway maintained by that jurisdictional
26 authority a vehicle or
combination of vehicles that are
any
27 EITHER of the following:
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1 (a) Of a size, weight, or load exceeding the maximum
2 specified in this chapter.
3 (b) Otherwise not in conformity with this chapter.
4 (2) The application for a special permit shall be on a form
5 prescribed by the jurisdictional authority and shall specifically
6 describe the vehicle or vehicles and load to be operated or moved
7 and the particular highways upon which the special permit to
8 operate is requested.
9 (3) A jurisdictional authority may issue a special permit
10 and charge a fee that does not exceed the administrative costs
11 incurred authorizing the operation of the following upon a
12 highway:
13 (a) Traction engines or tractors having movable tracks with
14 transverse corrugations upon the periphery of those movable
15 tracks on farm tractors.
16 (b) Other farm machinery otherwise prohibited under this
17 chapter.
18 (c) A vehicle of a size or weight otherwise prohibited under
19 this chapter that is hauling farm machinery to or from a farm.
20 (4) A special permit shall specify the trip or trips and
21 date or dates for which it is valid and the jurisdictional
22 authority granting the special permit may restrict or prescribe
23 conditions of operation of a vehicle or vehicles, if necessary,
24 to protect the safety of the public or to ensure against undue
25 damage to the road foundations, surfaces, structures, or instal-
26 lations, and may require a reasonable inspection fee and other
27 security as that jurisdictional authority determines necessary to
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1 compensate for damages caused by the movement. A special permit
2 may be issued on an annual basis. Except as otherwise provided
3 in this section, the fee charged by the state transportation
4 department for an intrastate or an out-of-state vehicle for a
5 single trip shall be $50.00 and for multiple trips or on an
6 annual basis shall be $100.00. Except as otherwise provided in
7 this section, the fee charged by a jurisdictional authority other
8 than the state transportation department for an intrastate or an
9 out-of-state vehicle for a single trip shall be not more than
10 $50.00 and for multiple trips or on an annual basis shall be not
11 more than $100.00. Effective October 1, 1998, the fee charged by
12 a jurisdictional authority other than the state transportation
13 department for a special permit under this subsection shall be
14 the fee charged on September 30, 1997. The fee charged by a
15 jurisdictional authority other than the state transportation
16 department for a special permit under this subsection may be
17 increased above the amount charged on September 30, 1997 subject
18 to the maximums allowed by this subsection subject to a prior
19 public hearing with reasonable notice. However, the fee charged
20 by a jurisdictional authority other than the state transportation
21 department for a special permit under this subsection that is
22 more than $50.00 for a single trip or that is more than $100.00
23 for multiple trips or on an annual basis, or both, on September
24 30, 1997 shall not be increased.
25 (5) The fee charged by the state transportation department
26 for an intrastate or an out-of-state vehicle or combination of
27 vehicles that exceed the maximum size specified in this chapter
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1 but do not exceed the maximum weight or load specified in this
2 chapter or are otherwise not in conformity with this chapter
3 shall be $15.00 for a single trip and $30.00 for multiple trips
4 or on an annual basis. The fees charged under this subsection
5 may be increased not more than once each year based on the per-
6 centage increase in the United States consumer price index for
7 all urban consumers for the immediately preceding 12-month period
8 rounded to the nearest whole dollar. This subsection takes
9 effect October 1, 1998.
10 (6) The fee charged by a jurisdictional authority other than
11 the state transportation department for an intrastate or an
12 out-of-state vehicle or combination of vehicles of a size exceed-
13 ing the maximum specified in this chapter but not exceeding the
14 maximum weight or load specified in this chapter shall not exceed
15 the administrative costs incurred by that jurisdictional author-
16 ity in issuing the permit. This subsection takes effect October
17 1, 1998.
18 (7) A special permit issued under this section shall be car-
19 ried in the vehicle or combination of vehicles to which it refers
20 and shall be open to inspection by a police officer or authorized
21 agent of a jurisdictional authority granting the special permit.
22 A person shall not violate
any
of the terms or conditions of
23 the special permit.
24 (8) A person who violates this section is responsible for a
25 civil infraction.
26 (9) A jurisdictional authority issuing a special permit to
27 move a mobile
MANUFACTURED
home under this section and a
person
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1 who is issued a special permit
to move a mobile MANUFACTURED
2 home under this section are subject to section 719a.
3 (10) As used in this section, "jurisdictional authority"
4 means the state transportation department, a county road commis-
5 sion, or a local authority having jurisdiction over a highway
6 upon which a vehicle is proposed to be moved pursuant to a permit
7 required under this section.
8 Sec. 801. (1) The secretary of state shall collect the fol-
9 lowing taxes at the time of registering a vehicle, which shall
10 exempt the vehicle from all other state and local taxation,
11 except the fees and taxes provided by law to be paid by certain
12 carriers operating motor vehicles and trailers under the motor
13 carrier act, 1933 PA 254, MCL 475.1 to 479.43; the taxes imposed
14 by the motor carrier fuel tax act, 1980 PA 119, MCL 207.211 to
15 207.234; and except as otherwise provided by this act:
16 (a) For a motor vehicle, including a motor home, except as
17 otherwise provided, and a pickup
truck or van , which pickup
18 truck or van
THAT weighs not
more than 5,000 pounds, and is not
19 taxed under subdivision
(p),
except as otherwise provided,
20 according to the following schedule of empty weights:
21 Empty weights Fee
22 0 to 3,000 pounds...................................$ 29.00
23 3,001 to 3,500 pounds............................... 32.00
24 3,501 to 4,000 pounds............................... 37.00
25 4,001 to 4,500 pounds............................... 43.00
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1 4,501 to 5,000 pounds............................... 47.00
2 5,001 to 5,500 pounds............................... 52.00
3 5,501 to 6,000 pounds............................... 57.00
4 6,001 to 6,500 pounds............................... 62.00
5 6,501 to 7,000 pounds............................... 67.00
6 7,001 to 7,500 pounds............................... 71.00
7 7,501 to 8,000 pounds............................... 77.00
8 8,001 to 8,500 pounds............................... 81.00
9 8,501 to 9,000 pounds............................... 86.00
10 9,001 to 9,500 pounds............................... 91.00
11 9,501 to 10,000 pounds.............................. 95.00
12 over 10,000 pounds........................$ 0.90 per 100 pounds
13 of empty weight
14 On October 1, 1983, and October 1, 1984, the tax assessed
15 under this subdivision shall be annually revised for the regis-
16 trations expiring on the appropriate October 1 or after that date
17 by multiplying the tax assessed in the preceding fiscal year
18 times the personal income of Michigan for the preceding calendar
19 year divided by the personal income of Michigan for the calendar
20 year which preceded that calendar year. In performing the calcu-
21 lations under this subdivision, the secretary of state shall use
22 the spring preliminary report of the United States department of
23 commerce or its successor agency. A van which is owned by a
24 person who uses a wheelchair or by a person who transports a res-
25 ident of his or her household who uses a wheelchair and for which
26 registration plates are issued pursuant to section 803d shall be
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1 assessed at the rate of 50% of the tax provided for in this
2 subdivision.
3 (b) For a trailer coach attached to a motor vehicle 76 cents
4 per 100 pounds of empty weight of the trailer coach. A trailer
5 coach not under 1959 PA 243, MCL 125.1035 to 125.1043, and while
6 located on land otherwise assessable as real property under the
7 general property tax act, 1893 PA 206, MCL 211.1 to 211.157, if
8 the trailer coach is used as a place of habitation, and whether
9 or not permanently affixed to the soil, shall not be exempt from
10 real property taxes.
11 (c) For a road tractor, truck, or truck tractor owned by a
12 farmer and used exclusively in connection with a farming opera-
13 tion, including a farmer hauling livestock or farm equipment for
14 other farmers for remuneration in kind or in labor, but not for
15 money, or used for the transportation of the farmer and the
16 farmer's family, and not used for hire, 74 cents per 100 pounds
17 of empty weight of the road tractor, truck, or truck tractor. If
18 the road tractor, truck, or truck tractor owned by a farmer is
19 also used for a nonfarming operation, the farmer shall be subject
20 to the highest registration tax applicable to the nonfarm use of
21 the vehicle but shall not be subject to more than 1 tax rate
22 under this act.
23 (d) For a road tractor, truck, or truck tractor owned by a
24 wood harvester and used exclusively in connection with the wood
25 harvesting operations or a truck used exclusively to haul milk
26 from the farm to the first point of delivery, 74 cents per 100
27 pounds of empty weight of the road tractor, truck, or truck
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1 tractor. A registration secured by payment of the fee as
2 prescribed in this subdivision shall continue in full force and
3 effect until the regular expiration date of the registration. As
4 used in this subdivision, "wood harvester" includes the person or
5 persons hauling and transporting raw materials only from the
6 forest to the mill site.
"Wood
AS USED IN THIS SUBDIVISION,
7 "WOOD harvesting operations" does not include the transportation
8 of processed lumber.
9 (e) For a hearse or ambulance used exclusively by a licensed
10 funeral director in the general conduct of the licensee's funeral
11 business, including a hearse or ambulance whose owner is engaged
12 in the business of leasing or renting the hearse or ambulance to
13 others, $1.17 per 100 pounds of the empty weight of the hearse or
14 ambulance.
15 (f) For a motor vehicle owned and operated by this state, a
16 state institution, a municipality, a privately incorporated, non-
17 profit volunteer fire department, or a nonpublic, nonprofit col-
18 lege or university, $5.00 per set; and for each motor vehicle
19 operating under municipal franchise, weighing less than 2,500
20 pounds, 65 cents per 100 pounds of the empty weight of the motor
21 vehicle, weighing from 2,500 to 4,000 pounds, 80 cents per 100
22 pounds of the empty weight of the motor vehicle, weighing 4,001
23 to 6,000 pounds, $1.00 per 100 pounds of the empty weight of the
24 motor vehicle, and weighing over 6,000 pounds, $1.25 per 100
25 pounds of the empty weight of the motor vehicle.
26 (g) For a bus including a station wagon, carryall, or
27 similarly constructed vehicle owned and operated by a nonprofit
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1 parents' transportation corporation used for school purposes,
2 parochial school or society, church Sunday school, or any other
3 grammar school, or by a nonprofit youth organization or nonprofit
4 rehabilitation facility; or a motor vehicle owned and operated by
5 a senior citizen center, $10.00 per set, if the bus, station
6 wagon, carryall, or similarly constructed vehicle or motor vehi-
7 cle is designated by proper signs showing the organization oper-
8 ating the vehicle.
9 (h) For a vehicle owned by a nonprofit organization and used
10 to transport equipment for providing dialysis treatment to chil-
11 dren at camp; for a vehicle owned by the civil air patrol, as
12 organized under sections
1 to 8
of chapter 527, 60 Stat. 346, 36
13 U.S.C. 201 to 208
40301 TO
40307 OF TITLE 36 OF THE UNITED
14 STATES CODE, 36 U.S.C. 40301 TO 40307, $10.00 per plate, if the
15 vehicle is designated by a proper sign showing the civil air
16 patrol's name; for a vehicle owned and operated by a nonprofit
17 veterans center; for a vehicle owned and operated by a nonprofit
18 recycling center or a federally recognized nonprofit conservation
19 organization; for a motor vehicle having a truck chassis and a
20 locomotive or ship's body which is owned by a nonprofit veterans
21 organization and used exclusively in parades and civic events; or
22 for an emergency support vehicle used exclusively for emergencies
23 and owned and operated by a federally recognized nonprofit chari-
24 table organization, $10.00 per plate.
25 (i) For each truck owned and operated free of charge by a
26 bona fide ecclesiastical or charitable corporation, or red cross,
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1 girl scout, or boy scout organization, 65 cents per 100 pounds of
2 the empty weight of the truck.
3 (j) For each truck, weighing 8,000 pounds or less, and not
4 used to tow a vehicle, for each privately owned truck used to tow
5 a trailer for recreational purposes only and not involved in a
6 profit making venture, and for each vehicle designed and used to
7 tow a mobile
MANUFACTURED home
or a trailer coach, except as
8 provided in subdivision (b), $38.00 or an amount computed accord-
9 ing to the following schedule of empty weights, whichever is
10 greater:
11 Empty weights Per 100 pounds
12 0 to 2,500 pounds...................... $ 1.40
13 2,501 to 4,000 pounds.................. 1.76
14 4,001 to 6,000 pounds.................. 2.20
15 6,001 to 8,000 pounds.................. 2.72
16 8,001 to 10,000 pounds................. 3.25
17 10,001 to 15,000 pounds................ 3.77
18 15,001 pounds and over................. 4.39
19 If the tax required under
subdivision (q) (P) for a vehi-
20 cle of the same model year with the same list price as the vehi-
21 cle for which registration is sought under this subdivision is
22 more than the tax provided under the preceding provisions of this
23 subdivision for an identical vehicle, the tax required under this
24 subdivision shall not be less than the tax required under subdi-
25 vision (q)
(P) for a vehicle
of the same model year with the
26 same list price.
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1 (k) For each truck weighing 8,000 pounds or less towing a
2 trailer or any other combination of vehicles and for each truck
3 weighing 8,001 pounds or more, road tractor or truck tractor,
4 except as provided in subdivision (j) according to the following
5 schedule of elected gross weights:
6 Elected gross weight Fee
7 0 to 24,000 pounds................... $ 491.00
8 24,001 to 26,000
pounds.............
558.00
9 26,001
24,001 to 28,000
pounds..... 558.00
10 28,001 to 32,000 pounds.............. 649.00
11 32,001 to 36,000 pounds.............. 744.00
12 36,001 to 42,000 pounds.............. 874.00
13 42,001 to 48,000 pounds.............. 1,005.00
14 48,001 to 54,000 pounds.............. 1,135.00
15 54,001 to 60,000 pounds.............. 1,268.00
16 60,001 to 66,000 pounds.............. 1,398.00
17 66,001 to 72,000 pounds.............. 1,529.00
18 72,001 to 80,000 pounds.............. 1,660.00
19 80,001 to 90,000 pounds.............. 1,793.00
20 90,001 to 100,000 pounds............. 2,002.00
21 100,001 to 115,000 pounds............ 2,223.00
22 115,001 to 130,000 pounds............ 2,448.00
23 130,001 to 145,000 pounds............ 2,670.00
24 145,001 to 160,000 pounds............ 2,894.00
25 over 160,000 pounds.................. 3,117.00
00205'01 c
21
1 For each commercial vehicle registered pursuant to this
2 subdivision $15.00 shall be deposited in a truck safety fund to
3 be expended for the purposes prescribed in section 25 of 1951
4 PA 51, MCL 247.675.
5 If a truck or road tractor without trailer is leased from an
6 individual owner-operator, the lessee, whether a person, firm, or
7 corporation, shall pay to the owner-operator 60% of the fee pre-
8 scribed in this subdivision for the truck tractor or road tractor
9 at the rate of 1/12 for each month of the lease or arrangement in
10 addition to the compensation the owner-operator is entitled to
11 for the rental of his or her equipment.
12 (l) For each pole trailer, semitrailer, or trailer, accord-
13 ing to the following schedule of
rates EMPTY WEIGHTS:
14 Empty weights Fee
15 0 to 500 pounds........................ $ 17.00
16 501 to 1,500 pounds.................... 24.00
17 1,501 pounds and over.................. 39.00
18 (m) For each commercial vehicle used for the transportation
19 of passengers for hire except for a vehicle for which a payment
20 is made pursuant to 1960 PA 2, MCL 257.971 to 257.972, according
21 to the following schedule of empty weights:
22 Empty weights Per 100 pounds
23 0 to 4,000 pounds...................... $ 1.76
24 4,001 to 6,000 pounds.................. 2.20
00205'01 c
22
1 6,001 to 10,000 pounds................. 2.72
2 10,001 pounds and over................. 3.25
3 (n) For each motorcycle................... $ 23.00
4 On October 1, 1983, and October 1, 1984, the tax assessed
5 under this subdivision shall be annually revised for the regis-
6 trations expiring on the appropriate October 1 or after that date
7 by multiplying the tax assessed in the preceding fiscal year
8 times the personal income of Michigan for the preceding calendar
9 year divided by the personal income of Michigan for the calendar
10 year which preceded that calendar year. In performing the calcu-
11 lations under this subdivision, the secretary of state shall use
12 the spring preliminary report of the United States department of
13 commerce or its successor agency.
14 Beginning January 1, 1984, the registration tax for each
15 motorcycle shall be increased by $3.00. The $3.00 increase shall
16 not be considered as part of the tax assessed under this subdivi-
17 sion for the purpose of the annual October 1 revisions but shall
18 be in addition to the tax assessed as a result of the annual
19 October 1 revisions. Beginning January 1, 1984, $3.00 of each
20 motorcycle fee shall be placed in a motorcycle safety fund in the
21 state treasury and shall be used only for funding the motorcycle
22 safety education program as provided for under sections 312b and
23 811a.
24 (o) For each truck weighing 8,001 pounds or more, road trac-
25 tor, or truck tractor used exclusively as a moving van or part of
26 a moving van in transporting household furniture and household
00205'01 c
23
1 effects or the equipment or those engaged in conducting
2 carnivals, at the rate of 80% of the schedule of elected gross
3 weights in subdivision (k) as modified by the operation of that
4 subdivision.
5 (p) Until October 1,
1997,
for each pickup truck or van,
6 which pickup truck or
van weighs
not more than 5,000 pounds and
7 is owned by a business,
corporation, or person other than
an
8 individual, according to
the
following schedule of empty
9
weights:
10 Empty weights
Fee
11 0 to 4,000
pounds...................... $
39.00
12 4,001 to 4,500
pounds.................. 44.00
13 4,501 to 5,000
pounds.................. 49.00
14 (P) (q)
After September
30, 1983, each motor vehicle of
15 the 1984 or a subsequent model year as shown on the application
16 required under section 217 which has not been previously subject
17 to the tax rates of this section and which is of the motor vehi-
18 cle category otherwise subject to the tax schedule described in
19 subdivision (a),
beginning
October 1, 1997 each motor vehicle
20 previously subject to the
tax
schedule described in subdivision
21 (p), and
each low-speed vehicle
according to the following
22 schedule based upon registration periods of 12 months:
23 (i) Except as otherwise provided in this subdivision, for
24 the first registration, which is not a transfer registration
25 under section 809 and for the first registration after a transfer
00205'01 c
24
1 registration under section 809, according to the following
2 schedule based on the vehicle's list price:
3 List Price Tax
4 $0 - $6,000.00............................ $ 30.00
5 More than $6,000.00 - $7,000.00........... $ 33.00
6 More than $7,000.00 - $8,000.00........... $ 38.00
7 More than $8,000.00 - $9,000.00........... $ 43.00
8 More than $9,000.00 - $10,000.00.......... $ 48.00
9 More than $10,000.00 - $11,000.00......... $ 53.00
10 More than $11,000.00 - $12,000.00......... $ 58.00
11 More than $12,000.00 - $13,000.00......... $ 63.00
12 More than $13,000.00 - $14,000.00......... $ 68.00
13 More than $14,000.00 - $15,000.00......... $ 73.00
14 More than $15,000.00 - $16,000.00......... $ 78.00
15 More than $16,000.00 - $17,000.00......... $ 83.00
16 More than $17,000.00 - $18,000.00......... $ 88.00
17 More than $18,000.00 - $19,000.00......... $ 93.00
18 More than $19,000.00 - $20,000.00......... $ 98.00
19 More than $20,000.00 - $21,000.00......... $103.00
20 More than $21,000.00 - $22,000.00......... $108.00
21 More than $22,000.00 - $23,000.00......... $113.00
22 More than $23,000.00 - $24,000.00......... $118.00
23 More than $24,000.00 - $25,000.00......... $123.00
24 More than $25,000.00 - $26,000.00......... $128.00
25 More than $26,000.00 - $27,000.00......... $133.00
00205'01 c
25
1 More than $27,000.00 - $28,000.00......... $138.00
2 More than $28,000.00 - $29,000.00......... $143.00
3 More than $29,000.00 - $30,000.00......... $148.00
4 More than $30,000.00, the fee of $148.00 shall be increased
5 by $5.00 for each $1,000.00 increment or fraction of a $1,000.00
6 increment over $30,000.00. If a current fee increases or
7 decreases as a result of
the
1998 amendatory act that added this
8 sentence
1998 PA 384, only a
vehicle purchased or transferred
9 after January 1, 1999 shall be assessed the increased or
10 decreased fee.
11 (ii) For the second registration, 90% of the tax assessed
12 under subparagraph (i).
13 (iii) For the third registration, 90% of the tax assessed
14 under subparagraph (ii).
15 (iv) For the fourth and subsequent registrations, 90% of the
16 tax assessed under subparagraph (iii).
17 For a vehicle of the 1984
or a subsequent model year which
18 THAT has been previously registered by a person other than the
19 person applying for registration or for a vehicle of the 1984 or
20 a subsequent model year
which
THAT has been previously regis-
21 tered in another state or country and is registered for the first
22 time in this state, the tax under this subdivision shall be
23 determined by subtracting the model year of the vehicle from the
24 calendar year for which the registration is sought. If the
25 result is zero or a negative figure, the first registration tax
26 shall be paid. If the result is 1, 2, or 3 or more, then,
27 respectively, the second, third, or subsequent registration tax
00205'01 c
26
1 shall be paid. A van which is owned by a person who uses a
2 wheelchair or by a person who transports a resident of his or her
3 household who uses a wheelchair and for which registration plates
4 are issued pursuant to section 803d shall be assessed at the rate
5 of 50% of the tax provided for in this subdivision.
6 (Q) (r)
For a wrecker,
$200.00.
7 (R) (s)
When the
secretary of state computes a tax
under
8 this section, a computation
which THAT does not result in a
9 whole dollar figure shall be rounded to the next lower whole
10 dollar when the computation results in a figure ending in 50
11 cents or less and shall be rounded to the next higher whole
12 dollar when the computation results in a figure ending in 51
13 cents or more, unless specific fees are specified, and THE SECRE-
14 TARY OF STATE may accept the manufacturer's shipping weight of
15 the vehicle fully equipped for the use for which the registration
16 application is made. If the weight is not correctly stated or is
17 not satisfactory, the secretary of state shall determine the
18 actual weight. Each application for registration of a vehicle
19 under subdivisions (j) and (m) shall have attached to the appli-
20 cation a scale weight receipt of the vehicle fully equipped as of
21 the time the application is made. The scale weight receipt is
22 not necessary if there is presented with the application a regis-
23 tration receipt of the previous year which shows on its face the
24 weight of the motor vehicle as registered with the secretary of
25 state and which is accompanied by a statement of the applicant
26 that there has not been a structural change in the motor vehicle
00205'01 c
27
1 which has increased the weight and that the previous registered
2 weight is the true weight.
3 (2) A manufacturer is not exempted under this act from
4 paying ad valorem taxes on vehicles in stock or bond, except on
5 the specified number of motor vehicles registered. A dealer is
6 exempt from paying ad valorem taxes on vehicles in stock or
7 bond.
8 (3) The fee for a vehicle with an empty weight over 10,000
9 pounds imposed pursuant to subsection (1)(a) and the fees imposed
10 pursuant to subsection (1)(b), (c), (d), (e), (f), (i), (j), (m),
11 (o), and (q)
(P) shall each be
increased by $5.00. This
12 increase shall be credited to the Michigan transportation fund
13 and used to defray the costs of processing the registrations
14 under this section.
15 (4) As used in this section:
16 (a) "Gross proceeds" means gross proceeds as defined in sec-
17 tion 1 of the general sales tax act, 1933 PA 167, MCL 205.51.
18 However, gross proceeds shall include the value of the motor
19 vehicle used as part payment of the purchase price as that value
20 is agreed to by the parties to the sale, as evidenced by the
21 signed agreement executed pursuant to section 251.
22 (b) "List price" means the manufacturer's suggested base
23 list price as published by the secretary of state, or the
24 manufacturer's suggested retail price as shown on the label
25 required to be affixed to the vehicle under section 3 of the
26 automobile information disclosure act, Public Law 85-506,
27 15 U.S.C. 1232, if the secretary of state has not at the time of
00205'01 c
28
1 the sale of the vehicle published a manufacturer's suggested
2 retail price for that vehicle, or the purchase price of the vehi-
3 cle if the manufacturer's suggested base list price is unavail-
4 able from the sources described in this subdivision.
5 (c) "Purchase price" means the gross proceeds received by
6 the seller in consideration of the sale of the motor vehicle
7 being registered.
8 Enacting section 1. This amendatory act does not take
9 effect unless Senate Bill No. _____ or House Bill No. _____
10 (request no. 00205'01) of the 91st Legislature is enacted into
11 law.
00205'01 c Final page. LTB