HOUSE BILL No. 4382


     March 9, 1999, Introduced by Reps. Martinez, Brater, Schauer, Dennis, Baird, Bogardus, Jacobs and Minore and referred to the Committee on Transportation.


        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 refer-
   ence without publication in full; and to prescribe criminal pen-
   alties 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:

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

 2    erence a code or ordinance for the regulation of traffic within

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

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

 5    department of state police may promulgate a uniform traffic code

 6    pursuant to the administrative procedures act of 1969, 1969

 7    PA 306, MCL 24.201 to 24.328.

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

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


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

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

 3    township, or village to enforce provisions of the uniform traffic

 4    code or ordinance adopted under this section on that private road

 5    or parking lot.  As used in this subsection, "person" means an

 6    individual, corporation, association, partnership, or other legal

 7    entity.

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

 9    the department of state police under this section shall specify

10    whether a person who violates a particular provision of the code

11    is guilty of a misdemeanor or is responsible for a civil

12    infraction.  The director may establish civil sanctions for civil

13    infractions, except that a civil sanction in excess of that pre-

14    scribed in the vehicle code is in conflict with that act and is

15    void to the extent of the conflict.  The uniform traffic code

16    shall not impose a criminal penalty for an act or omission that

17    is a civil infraction under the vehicle code.

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

19    in the uniform traffic code shall be processed in the same manner

20    as a civil infraction under the vehicle code.

21         (5) Notwithstanding the requirements of the uniform traffic

22    code, a sign designating a parking space for persons with dis-

23    abilities shall be 12 inches by 18 inches or larger, and  shall 

24    MAY be either blue or white and  at a minimum  MAY contain the

25    international handicapped symbol in contrasting colors of either

26    blue or white in the center of the sign.  HOWEVER, SIGNS ERECTED

27    IN COMPLIANCE WITH R 408.30427 OF THE MICHIGAN ADMINISTRATIVE



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 1    CODE ON OR BEFORE NOVEMBER 5, 1993 SHALL REMAIN VALID AND

 2    EFFECTIVE UNTIL THEIR REMOVAL.

 3         (6) The provisions of the uniform traffic code promulgated

 4    pursuant to this act that relate to driving while under the

 5    influence of an alcoholic beverage or driving with impaired abil-

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

 7    of the Michigan vehicle code, 1949 PA 300, MCL 257.625 to

 8    257.625m.

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

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




































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