OBSTRUCTED LICENSE PLATES

House Bill 5100

Sponsor:  Rep. Holly Hughes

Committee:  Tourism and Outdoor Recreation

Complete to 10-27-17

SUMMARY:

House Bill 5100 would amend the Michigan Vehicle Code to clarify that a vehicle whose registration plate is blocked from view by a device such as a tow ball, bicycle rack, or removable hitch is not in violation of the Code’s requirement that registration plates be visible and not obscured.

Section 225 of the Michigan Vehicle Code currently requires that a registration plate be attached to a vehicle “in a place and position that is clearly visible” and that the plate be kept both legible and free from “foreign materials that obscure or partially obscure the registration information.”

In 2016, the Supreme Court held that Section 225 prohibits obstruction of a registration plate by an object attached to a vehicle—in that case, a towing ball attached to the rear bumper of a truck that prevented police from reading one of the characters on the plate.[1]

HB 5100 would amend Section 225 to specify that the prohibited “foreign materials that obscure or partially obscure the registration information” do not include tow balls, bike racks, removable hitches, or similar devices used to carry things on the back of a vehicle.

The bill also requires that registration plate sheathing “not be failed or missing.”

The bill would take effect 90 days after enactment.

MCL 257.225

FISCAL IMPACT:

House Bill 5100 would have no apparent fiscal impact on the State or local governments.

                                                                                        Legislative Analyst:   Rick Yuille

                                                                                                Fiscal Analyst:   Michael Cnossen

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.

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