HB-4545, As Passed Senate, October 1, 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

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) 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).

     (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.