HOUSE BILL No. 5675


     April 25, 2000, Introduced by Reps. Raczkowski, Bovin, DeRossett, Sanborn, Bishop, Caul, Vear, Van Woerkom and Gosselin
and referred to the Committee on Transportation.


        A bill to amend 1949 PA 300, entitled

   "Michigan vehicle code,"

   by amending sections 675a, 675b, and 675c (MCL 257.675a,

   257.675b, and 257.675c), sections 675a and 675b as amended and

   section 675c as added by 1980 PA 518.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 675a.  (1) Except as provided in section 675b involving

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      leased vehicles, in a prosecution for  the  A violation of a

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      local ordinance or state statute relating to  the  A standing or

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       parking of a  PARKED vehicle, proof that the particular vehicle

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      described in the complaint was parked in violation of the ordi-

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      nance or state statute, together with proof  , by verifying

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      ownership of the vehicle with  FROM the secretary of state  ,
   

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      that the defendant named in the complaint was at the time of the

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      violation the VEHICLE'S registered owner,  of the vehicle, 


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      creates in evidence a presumption that the VEHICLE'S registered

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      owner  of the vehicle  was the person who parked or placed the

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      vehicle at the point where  ,  and  for  AT the time
    during

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      which,  THAT the violation occurred.

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           (2) This section does not apply to a violation  which  THAT

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      is a civil infraction.

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           Sec. 675b.  (1)  In a prosecution  THE LESSEE OR RENTER OF A

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      MOTOR VEHICLE AND NOT THE LEASED VEHICLE OWNER IS LIABLE for a

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      violation of  section 675a  A LOCAL ORDINANCE OR STATE STATUTE

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      RELATING TO A STANDING OR PARKED VEHICLE involving  a leased  THE

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      motor vehicle  ,  IF THE LEASED VEHICLE OWNER CAN FURNISH

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      SUFFICIENT proof that the  particular  vehicle described in the

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      citation, complaint, or warrant was  used in the violation,

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      together with proof that the defendant named in the citation,

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      complaint, or warrant was  IN THE POSSESSION OF, CUSTODY OF, OR

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      WAS BEING OPERATED OR USED BY the lessee OR RENTER of the vehicle

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      at the time of the violation.  , constitutes in evidence a pre-

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      sumption that the lessee of the vehicle, not the registered

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      owner, was the person who parked or placed the vehicle at the

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      point, and for the time during which, the violation occurred. 

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           (2)  This section does not apply to a violation which is a

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      civil infraction.  TO AVOID LIABILITY FOR A VIOLATION DESCRIBED

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      IN SUBSECTION (1), THE LEASED VEHICLE OWNER SHALL PROVIDE THE

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      FOLLOWING TO THE CLERK OF THE COURT ISSUING THE VIOLATION NOT

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      LATER THAN 90 DAYS AFTER THE LEASED VEHICLE OWNER HAS RECEIVED

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      NOTICE OF THE VIOLATION:





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           (A) THE LESSEE'S OR RENTER'S NAME, ADDRESS, AND OPERATOR'S

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      OR CHAUFFEUR'S LICENSE NUMBER.

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           (B) A COPY OF THE SIGNED RENTAL OR LEASE AGREEMENT.

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           (3) A LEASED VEHICLE OWNER IS LIABLE FOR A VIOLATION OF A

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      LOCAL ORDINANCE OR STATE STATUTE RELATING TO A STANDING OR PARKED

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      VEHICLE IF BOTH OF THE FOLLOWING OCCUR:

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           (A) THE LEASED VEHICLE OWNER DOES NOT PROVIDE THE INFORMA-

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      TION IN SUBSECTION (2) WITHIN THE 90-DAY PERIOD SPECIFIED IN THAT

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      SUBSECTION.

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           (B) THE LESSEE OR RENTER OF THE VEHICLE IS NOT CONVICTED OF

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      OR FOUND RESPONSIBLE FOR THE VIOLATION.

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           (4) AS USED IN THIS SECTION:

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           (A) "AFFILIATE" MEANS A PERSON THAT DIRECTLY OR INDIRECTLY

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      THROUGH 1 OR MORE INTERMEDIARIES CONTROLS, IS CONTROLLED BY, OR

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      IS UNDER COMMON CONTROL WITH ANOTHER PERSON.

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           (B) "LEASED VEHICLE OWNER" MEANS A PERSON IN THE BUSINESS OF

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      RENTING OR LEASING LEASED VEHICLES OR AN AFFILIATE OF THE PERSON,

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      IF THE PERSON OR THE AFFILIATE IS THE REGISTERED OWNER OF A

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      STANDING OR PARKED LEASED VEHICLE INVOLVED IN A VIOLATION OF A

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      LOCAL ORDINANCE OR STATE STATUTE.

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           Sec. 675c.  (1)  If  EXCEPT AS PROVIDED IN SECTION 675B, IF

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      a vehicle is stopped, standing, or parked in violation of

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       sections  SECTION 672, 674, 674a, 675, OR 676, or other state

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      statute, or a local ordinance prohibiting or restricting the

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      stopping, standing, or parking of a vehicle and the violation is

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      a civil infraction, the person in whose name that vehicle is

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      registered in this state or another state at the time of the



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      violation is prima facie responsible for that violation and

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      subject to section 907.

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           (2) The owner of a vehicle cited for a stopping, standing,

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      or parking violation pursuant to subsection (1) may assert as an

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      affirmative defense that the vehicle in question, at the time of

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      the violation, was in the possession of a person whom the owner

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      had not knowingly permitted to operate the vehicle.

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           (3) The registered owner of a vehicle who is found to be

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      responsible for a civil infraction as the result of subsection

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      (1) OR A LEASED VEHICLE OWNER THAT IS FOUND TO BE RESPONSIBLE FOR

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      A CIVIL INFRACTION DESCRIBED IN SECTION 675B has the right to

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      recover in a civil action against the person who parked, stopped,

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      or left standing the vehicle in question damages in the amount of

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      any civil fine or costs, or both, imposed pursuant to section

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      907.  The registered owner of a vehicle OR THE LEASED VEHICLE

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      OWNER may provide in a written agreement that the person who

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      parked, stopped, or left standing the vehicle in violation of a

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      state statute or local ordinance, when the violation is a civil

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      infraction, shall indemnify the registered owner OR LEASED VEHI-

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      CLE OWNER for any civil fine and costs imposed upon the regis-

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      tered owner for that civil infraction.

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           (4) A police officer who issues a citation for a vehicle

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      that is stopped, standing, or parked in violation of a state

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      statute or a local ordinance prohibiting or restricting the stop-

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      ping, standing, or parking of a vehicle may issue the citation

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      for the violation to the operator of the vehicle if the operator

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      is present at the time of the violation.



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