HB-4545, As Passed House, October 2, 2014
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4545
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 618a and 907 (MCL 257.618a and 257.907),
section 618a as added by 2010 PA 10 and section 907 as amended by
2013 PA 35, and by adding sections 676c and 676d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 618a. (1) Unless the operator of a motor vehicle involved
in an accident knows or reasonably should know that serious
impairment of a bodily function or death has resulted from the
accident, the operator or any other occupant of the motor vehicle
who possesses a valid driver license shall remove the motor vehicle
from the main traveled portion of the roadway into a safe refuge on
the shoulder, emergency lane, or median or to a place otherwise
removed from the roadway if both of the following apply:
(a) Moving the motor vehicle may be done safely.
(b) The motor vehicle is capable of being normally and safely
operated and can be operated under its own power in its customary
manner without further damage or hazard to the traffic elements or
to the roadway.
(2) A person who violates subsection (1) is responsible for a
civil infraction.
(3) (2)
The operator or any other person
who removes a motor
vehicle from the main traveled portion of the roadway as provided
in this section before the arrival of a police officer is not prima
facie at fault regarding the cause of the traffic accident solely
by reason of moving the motor vehicle as provided in this section.
(4) (3)
The decision of the operator or any
other person to
remove or not to remove a motor vehicle from the main traveled
portion of the roadway as provided in this section is not
admissible in a civil action as evidence that a serious impairment
of bodily function has or has not resulted from the accident.
(4)
A person who violates this section is responsible for a
civil
infraction.
(5) A law enforcement agency may, without the consent of the
owner or operator and with the assistance of the state
transportation department, other road agencies, fire department,
emergency management, other local public safety agencies, or towing
or recovery companies under the direction of any of those entities
remove and dispose of motor vehicles and cargoes of vehicles
involved in accidents, including any personal property, from the
House Bill No. 4545 (S-3) as amended October 2, 2014
main traveled portion of a roadway and the right-of-way if the
vehicle, cargo, or personal property is blocking the roadway or
right-of-way or may otherwise endanger public safety.
(6) [Except as otherwise provided in this subsection, a] public
agency or department that moves a motor vehicle,
cargo, or personal property as described in subsection (5), and any
of their officers, employees, or agents, or anyone acting in good
faith under, and within the scope of, the authority conferred under
subsection (5), is not liable for any damages or claims that may
arise from the exercise or the failure to exercise any authority
granted under subsection (5). [This subsection does not apply to the
transport of a motor vehicle from the scene of an accident, or if the conduct of the individual acting under the authority conferred under subsection (5) constitutes gross negligence. As used in this subsection, "gross negligence" means that term as defined in section 606a.]
(7) The owner or carrier, if any, of a motor vehicle, cargo,
or personal property removed or disposed of under subsection (5)
shall reimburse the public agency, departments, and towing
companies, if any, for all documented reasonable costs incurred in
that removal and disposal.
Sec. 676c. (1) Except as provided in subsection (2), a person
shall not travel to the scene of a motor vehicle accident or a
disabled vehicle located on public property, property open to the
public, or a state trunk line highway and solicit business for a
wrecker, recovery, or towing service. A person who violates this
subsection is responsible for a civil infraction and shall be
ordered to pay a civil fine of $1,000.00.
(2) Subsection (1) does not apply if any of the following
conditions apply:
(a) A law enforcement agency having jurisdiction over the
scene of the accident or disabled vehicle, or an individual
involved in that accident or disabled vehicle, requests the owner
or operator of a wrecker or towing service to come to the scene.
(b) A wrecker, recovery truck, or tow truck operator, who does
not travel to the scene of a motor vehicle accident or disabled
vehicle as described in subsection (1) for the purpose of
soliciting business for a wrecker, recovery, or towing service,
offers assistance to a stranded motorist without creating a
nuisance or interfering with management of a motor vehicle accident
by law enforcement.
(3) Subject to section 252d, the law enforcement agency at the
scene shall permit an owner or operator of a motor vehicle to
request the towing, wrecker, or recovery service or roadside
assistance service of his or her choice unless the vehicle is
involved in a suspected criminal activity, fatality, or law
enforcement investigation, if the vehicle is being impounded, or if
the requested preference wrecker service is unavailable or cannot
respond within a timely manner and the vehicle is creating a road
or safety hazard as determined by law enforcement at the scene.
Sec. 676d. A local unit of government shall not require as a
term of a contract with a wrecker, recovery, or towing service that
the wrecker, recovery, or towing service pay a fee to that local
unit of government for responding to the scene of an impound,
accident, disabled vehicle, or abandoned vehicle and providing
wrecker, recovery, or towing services. This section only applies to
a contract between a local unit of government and a wrecker,
recovery, or towing service that is entered into or renewed after
the effective date of the amendatory act that added this section.
Sec. 907. (1) A violation of this act, or a local ordinance
substantially corresponding to a provision of this act, that is
designated a civil infraction shall not be considered a lesser
included offense of a criminal offense.
(2) If a person is determined under sections 741 to 750 to be
responsible or responsible "with explanation" for a civil
infraction under this act or a local ordinance substantially
corresponding to a provision of this act, the judge or district
court magistrate may order the person to pay a civil fine of not
more than $100.00 and costs as provided in subsection (4). However,
beginning October 31, 2010, if the civil infraction was a moving
violation that resulted in an at-fault collision with another
vehicle, a person, or any other object, the civil fine ordered
under this section shall be increased by $25.00 but the total civil
fine shall not exceed $100.00. However, for a violation of section
602b, the person shall be ordered to pay costs as provided in
subsection (4) and a civil fine of $100.00 for a first offense and
$200.00 for a second or subsequent offense. For a violation of
section 674(1)(s) or a local ordinance substantially corresponding
to section 674(1)(s), the person shall be ordered to pay costs as
provided in subsection (4) and a civil fine of not less than
$100.00 or more than $250.00. For a violation of 676c, the person
shall be ordered to pay costs as provided in subsection (4) and a
civil fine of $1,000.00. For a violation of section 328, the civil
fine ordered under this subsection shall be not more than $50.00.
For a violation of section 710d, the civil fine ordered under this
subsection shall not exceed $10.00, subject to subsection (12). For
a violation of section 710e, the civil fine and court costs ordered
under this subsection shall be $25.00. For a violation of section
682 or a local ordinance substantially corresponding to section
682, the person shall be ordered to pay costs as provided in
subsection (4) and a civil fine of not less than $100.00 or more
than $500.00. For a violation of section 240, the civil fine
ordered under this subsection shall be $15.00. For a violation of
section 252a(1), the civil fine ordered under this subsection shall
be $50.00. For a violation of section 676a(3), the civil fine
ordered under this section shall be not more than $10.00. For a
first violation of section 319f(1), the civil fine ordered under
this section shall be not less than $2,500.00 or more than
$2,750.00; for a second or subsequent violation, the civil fine
shall be not less than $5,000.00 or more than $5,500.00. For a
violation of section 319g(1)(a), the civil fine ordered under this
section shall be not more than $10,000.00. For a violation of
section 319g(1)(g), the civil fine ordered under this section shall
be not less than $2,750.00 or more than $25,000.00. Permission may
be granted for payment of a civil fine and costs to be made within
a specified period of time or in specified installments, but unless
permission is included in the order or judgment, the civil fine and
costs shall be payable immediately.
(3) Except as provided in this subsection, if a person is
determined to be responsible or responsible "with explanation" for
a civil infraction under this act or a local ordinance
substantially corresponding to a provision of this act while
driving a commercial motor vehicle, he or she shall be ordered to
pay costs as provided in subsection (4) and a civil fine of not
more than $250.00.
(4) If a civil fine is ordered under subsection (2) or (3),
the judge or district court magistrate shall summarily tax and
determine the costs of the action, which are not limited to the
costs taxable in ordinary civil actions, and may include all
expenses, direct and indirect, to which the plaintiff has been put
in connection with the civil infraction, up to the entry of
judgment. Costs shall not be ordered in excess of $100.00. A civil
fine ordered under subsection (2) or (3) shall not be waived unless
costs ordered under this subsection are waived. Except as otherwise
provided by law, costs are payable to the general fund of the
plaintiff.
(5) In addition to a civil fine and costs ordered under
subsection (2) or (3) and subsection (4) and the justice system
assessment ordered under subsection (13), the judge or district
court magistrate may order the person to attend and complete a
program of treatment, education, or rehabilitation.
(6) A district court magistrate shall impose the sanctions
permitted under subsections (2), (3), and (5) only to the extent
expressly authorized by the chief judge or only judge of the
district court district.
(7) Each district of the district court and each municipal
court may establish a schedule of civil fines, costs, and
assessments to be imposed for civil infractions that occur within
the respective district or city. If a schedule is established, it
shall be prominently posted and readily available for public
inspection. A schedule need not include all violations that are
designated by law or ordinance as civil infractions. A schedule may
exclude cases on the basis of a defendant's prior record of civil
infractions or traffic offenses, or a combination of civil
infractions and traffic offenses.
(8) The state court administrator shall annually publish and
distribute to each district and court a recommended range of civil
fines and costs for first-time civil infractions. This
recommendation is not binding upon the courts having jurisdiction
over civil infractions but is intended to act as a normative guide
for judges and district court magistrates and a basis for public
evaluation of disparities in the imposition of civil fines and
costs throughout the state.
(9) If a person has received a civil infraction citation for
defective safety equipment on a vehicle under section 683, the
court shall waive a civil fine, costs, and assessments upon receipt
of certification by a law enforcement agency that repair of the
defective equipment was made before the appearance date on the
citation.
(10) A default in the payment of a civil fine or costs ordered
under subsection (2), (3), or (4) or a justice system assessment
ordered under subsection (13), or an installment of the fine,
costs, or assessment, may be collected by a means authorized for
the enforcement of a judgment under chapter 40 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or
under chapter 60 of the revised judicature act of 1961, 1961 PA
236, MCL 600.6001 to 600.6098.
(11) If a person fails to comply with an order or judgment
issued under this section within the time prescribed by the court,
the driver's license of that person shall be suspended under
section 321a until full compliance with that order or judgment
occurs. In addition to this suspension, the court may also proceed
under section 908.
(12) The court may waive any civil fine, cost, or assessment
against a person who received a civil infraction citation for a
violation of section 710d if the person, before the appearance date
on the citation, supplies the court with evidence of acquisition,
purchase, or rental of a child seating system meeting the
requirements of section 710d.
(13) In addition to any civil fines or costs ordered to be
paid under this section, the judge or district court magistrate
shall order the defendant to pay a justice system assessment of
$40.00 for each civil infraction determination, except for a
parking violation or a violation for which the total fine and costs
imposed are $10.00 or less. Upon payment of the assessment, the
clerk of the court shall transmit the assessment collected to the
state treasury to be deposited into the justice system fund created
in section 181 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.181. An assessment levied under this subsection is not a
civil fine for purposes of section 909.
(14) If a person has received a citation for a violation of
section 223, the court shall waive any civil fine, costs, and
assessment, upon receipt of certification by a law enforcement
agency that the person, before the appearance date on the citation,
produced a valid registration certificate that was valid on the
date the violation of section 223 occurred.
(15) If a person has received a citation for a violation of
section 328(1) for failing to produce a certificate of insurance
under section 328(2), the court may waive the fee described in
section 328(3)(c) and shall waive any fine, costs, and any other
fee or assessment otherwise authorized under this act upon receipt
of verification by the court that the person, before the appearance
date on the citation, produced valid proof of insurance that was in
effect at the time the violation of section 328(1) occurred.
Insurance obtained subsequent to the time of the violation does not
make the person eligible for a waiver under this subsection.
(16) As used in this section, "moving violation" means an act
or omission prohibited under this act or a local ordinance
substantially corresponding to this act that involves the operation
of a motor vehicle and for which a fine may be assessed.
Enacting section 1. This amendatory act takes effect 90 days
after it is enacted into law.