Act No. 182

Public Acts of 2022

Approved by the Governor

July 25, 2022

Filed with the Secretary of State

July 25, 2022

EFFECTIVE DATE:  October 23, 2022

 

state of michigan

101st Legislature

Regular session of 2022

Introduced by Reps. LaFave, Maddock, LaGrand, Markkanen, Bellino, Filler, Griffin, Whiteford, Paquette, Cynthia Johnson, Hood, O Malley, Hammoud, Yaroch and Rendon

ENROLLED HOUSE BILL No. 4075

AN ACT 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 2006 PA 297.

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 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 parking lot, whether or not that 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 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 on uniform traffic control devices are posted on the private road. The owner or person in charge of the private road is responsible for the posting of signs under this subsection. This subsection does not affect a contract entered into between a city, township, or village and the person in charge of a private road before July 20, 2006. 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 must 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 must not impose a criminal penalty for an act or omission that is a civil infraction under the vehicle code.

(4) Violation of a provision designated a civil infraction in the uniform traffic code must be processed in the same manner as a civil infraction under the vehicle code.

(5) Notwithstanding the requirements of the uniform traffic code, except as otherwise provided in this subsection, a sign designating a parking space for persons with disabilities must be 12 inches by 18 inches or larger and must be either blue or white and at a minimum contain the international symbol of access in contrasting colors of either blue or white in the center of the sign. A sign designating a parking space for persons with disabilities that is erected or replaced on or after the effective date of the amendatory act that added this sentence must be 12 inches by 18 inches or larger and must use the design adopted under section 102a of the persons with disabilities civil rights act, 1976 PA 220, MCL 37.1102a, must not include the word handicapped , and may include a word providing instruction, such as reserved .

(6) The provisions of the uniform traffic code promulgated under this act that relate to driving while under the influence of an alcoholic beverage or driving with impaired ability must be identical to the provisions of sections 625 to 625m of the vehicle code, 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.

 

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

 

Enacting section 2. This amendatory act does not take effect unless House Bill No. 4076 of the 101st Legislature is enacted into law.

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This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor