HB-4807, As Passed House, March 9, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 4807

     A bill to amend 1956 PA 62, entitled

"An act to authorize the director of the department of state police

to promulgate a uniform traffic code; to authorize a city,

township, or village to adopt the uniform traffic code by reference

without publication in full; and to prescribe criminal penalties

and civil sanctions for violation of the code,"

by amending section 1 (MCL 257.951), as amended by 1998 PA 69.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. (1) A city, township, or village may adopt by

reference a code or ordinance for the regulation of traffic within

cities, townships, and villages that has been promulgated by the

director of the department of state police. The director of the

department of state police may promulgate a uniform traffic code

pursuant to  in compliance with the administrative procedures act

of 1969, 1969 PA 306, MCL 24.201 to 24.328.

     (2) A city, township, or village, with the consent of, or at

the request of, a person who is in charge of a  private road or

parking lot, whether or not that  road or  parking lot is open to

the general public, may contract with that person for the city,

township, or village to enforce provisions of the uniform traffic

code or ordinance adopted under this section  on that private road

or  in that parking lot. A peace officer may enter upon a private

road that is accessible to the general public to enforce provisions

of an ordinance adopted under this section if signs meeting the

requirements of the Michigan manual of uniform traffic control

devices are posted on the private road. The owner or person in

charge of the private road or parking lot is responsible for the

posting of signs under this subsection. Nothing in this subsection

shall be considered to affect a contract entered into between a

city, township, or village and the person in charge of a private

road before the effective date of the amendatory act that added

this sentence. As used in this subsection, "person" means an

individual, corporation, association, partnership, or other legal

entity.

     (3) A uniform traffic code promulgated by the director of the

department of state police under this section shall specify whether

a person who violates a particular provision of the code is guilty

of a misdemeanor or is responsible for a civil infraction. The

director may establish civil sanctions for civil infractions,

except that a civil sanction in excess of that prescribed in the

vehicle code is in conflict with that act and is void to the extent

of the conflict. The uniform traffic code shall not impose a

criminal penalty for an act or omission that is a civil infraction

House Bill No. 4807 (H-2) as amended March 7, 2006

under the vehicle code.

     (4) Violation of a provision designated a civil infraction in

the uniform traffic code shall be processed in the same manner as a

civil infraction under the vehicle code.

     (5) Notwithstanding the requirements of the uniform traffic

code, a sign designating a parking space for persons with

disabilities shall be 12 inches by 18 inches or larger  , and

shall be either blue or white and at a minimum contain the

international handicapped symbol in contrasting colors of either

blue or white in the center of the sign.

     (6) The provisions of the uniform traffic code promulgated

pursuant to this act that relate to driving while under the

influence of an alcoholic beverage or driving with impaired ability

shall be identical to the provisions of sections 625 to 625m of the

Michigan vehicle code, 1949 PA 300, MCL 257.625 to 257.625m.

     (7) For purposes of this section, "vehicle code" means the

Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

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