SENATE BILL No. 270

March 1, 2001, Introduced by Senators HART, SMITH, YOUNG, MILLER, MURPHY,

LELAND and EMERSON and referred to the Committee on Transportation and

Tourism.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 710d, 710e, and 907 (MCL 257.710d, 257.710e,

and 257.907), sections 710d and 710e as amended by 1999 PA 29 and

section 907 as amended by 1998 PA 103.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 710d. (1) Except as provided in this section, or as

2 otherwise provided by law, a rule promulgated pursuant to the

3 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

4 24.328, or federal regulation, each driver transporting a child

5 less than 4 years of age in a motor vehicle shall properly secure

6 that child in a child restraint system that meets the standards

7 prescribed in 49 C.F.R. 571.213 SUBJECT TO SUBSECTION (7), A

8 PARENT WHO IS OPERATING OR RIDING IN A MOTOR VEHICLE SHALL NOT

9 PERMIT HIS OR HER CHILD TO RIDE IN THE MOTOR VEHICLE UPON A

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1 HIGHWAY OF THIS STATE WITHOUT PROVIDING AND PROPERLY USING A

2 CHILD PASSENGER RESTRAINT SYSTEM FOR THE CHILD IF THE CHILD IS

3 EITHER OF THE FOLLOWING:

4 (A) LESS THAN 4 YEARS OF AGE.

5 (B) LESS THAN 40 POUNDS IN WEIGHT.

6 (2) This section does not apply to any child being nursed

7 SUBJECT TO SUBSECTION (7), A DRIVER SHALL NOT TRANSPORT A CHILD

8 IN A MOTOR VEHICLE UPON A HIGHWAY IN THIS STATE WITHOUT PROVIDING

9 AND PROPERLY USING A CHILD PASSENGER RESTRAINT SYSTEM FOR THE

10 CHILD, UNLESS THE PARENT OF THE CHILD IS ALSO PRESENT IN THE

11 MOTOR VEHICLE AND IS NOT THE DRIVER, IF THE CHILD IS EITHER OF

12 THE FOLLOWING:

13 (A) LESS THAN 4 YEARS OF AGE.

14 (B) LESS THAN 40 POUNDS IN WEIGHT.

15 (3) This section does not apply if the motor vehicle being

16 driven is a bus, school bus, taxicab, moped, motorcycle, or other

17 motor vehicle not required to be equipped with safety belts under

18 federal law or regulations.

19 (4) A person who violates this section SUBSECTION (1) OR

20 (2) is responsible for a civil infraction AND IS LIABLE FOR A

21 FINE OF $100.00. HOWEVER, THE COURT MAY WAIVE THE FINE IF THE

22 VIOLATION IS A FIRST OFFENSE UNDER THIS SECTION AND THE COURT

23 FINDS THAT THE DEFENDANT IS ECONOMICALLY DISADVANTAGED, AND SHALL

24 REFER THE DEFENDANT TO A CHILD PASSENGER RESTRAINT LOW-COST PUR-

25 CHASE OR LOANER PROGRAM. A WAIVER OF THE FINE UNDER THIS SUBSEC-

26 TION IS NOT GROUND FOR WAIVING THE ASSESSMENT OF POINTS UNDER

27 SECTION 320A.

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1 (5) A PERSON WHO VIOLATES SUBSECTION (1) OR (2) A SECOND OR

2 SUBSEQUENT TIME IS LIABLE FOR A FINE OF $100.00.

3 (6) (5) Points shall not be assessed under section 320a

4 for a violation of this section SUBSECTION (1) OR (2). An

5 abstract required under section 732 shall not be submitted to

6 the secretary of state regarding a THE violation. of this

7 section.

8 (7) (6) The secretary of state may exempt by rules promul-

9 gated pursuant to the administrative procedures act of 1969, 1969

10 PA 306, MCL 24.201 to 24.328, a class of children from the

11 requirements of this section, if the secretary of state deter-

12 mines that the use of the child restraint system required under

13 subsection (1) OR (2) is impractical because of physical unfit-

14 ness, a medical problem, or body size. The secretary of state

15 may specify alternate means of protection for children exempted

16 under this subsection. FURTHER, IN THE CASE OF AN EMERGENCY, OR

17 WHEN A CHILD IS BEING TRANSPORTED IN AN AUTHORIZED EMERGENCY

18 VEHICLE, A CHILD WHO IS NOT LESS THAN 1 YEAR OLD MAY BE TRANS-

19 PORTED WITHOUT THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM IF

20 THERE IS NO CHILD PASSENGER RESTRAINT SYSTEM AVAILABLE AND THE

21 CHILD IS SECURED BY A SAFETY BELT.

22 (8) AN INDIVIDUAL SHALL NOT SELL, OFFER FOR SALE, OR INSTALL

23 IN A MOTOR VEHICLE IN THIS STATE A PASSENGER RESTRAINT SYSTEM

24 INTENDED FOR USE BY A CHILD THAT DOES NOT MEET OR EXCEED THE

25 STANDARDS PRESCRIBED IN 49 C.F.R. 571.213. AN INDIVIDUAL WHO

26 VIOLATES THIS SUBSECTION IS RESPONSIBLE FOR A CIVIL INFRACTION

27 AND LIABLE FOR A CIVIL FINE OF $250.00. AN INDIVIDUAL WHO

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1 VIOLATES THIS SUBSECTION A SECOND OR SUBSEQUENT TIME IS LIABLE

2 FOR A CIVIL FINE OF $600.00.

3 (9) A HEALTH CARE FACILITY SHALL PROVIDE AND DISCUSS INFOR-

4 MATION CONCERNING THE REQUIREMENTS OF THIS SECTION WITH A PARENT

5 OR OTHER PERSON TO WHOM A CHILD IS RELEASED AT OR BEFORE THE TIME

6 THE CHILD IS DISCHARGED. HOWEVER, THE HEALTH CARE FACILITY IS

7 NOT LIABLE FOR THE FAILURE OF THE PARENT OR OTHER PERSON TO WHOM

8 THE CHILD IS RELEASED TO USE A CHILD PASSENGER RESTRAINT SYSTEM.

9 (10) AS USED IN THIS SECTION:

10 (A) "CHILD PASSENGER RESTRAINT SYSTEM" MEANS A CHILD PASSEN-

11 GER RESTRAINT SYSTEM THAT MEETS OR EXCEEDS THE STANDARDS PRE-

12 SCRIBED IN 49 C.F.R. 571.213.

13 (B) "HEALTH CARE FACILITY" MEANS HOSPITAL, CLINIC, OR BIRTH-

14 ING CENTER.

15 (C) "PARENT" MEANS PARENT, STEPPARENT, OR LEGAL GUARDIAN.

16 Sec. 710e. (1) This section does not apply to a driver or

17 passenger of any of the following:

18 (a) A motor vehicle manufactured before January 1, 1965.

19 (b) A bus.

20 (c) A motorcycle.

21 (d) A moped.

22 (e) A motor vehicle if the driver or passenger possesses a

23 written verification from a physician that the driver or passen-

24 ger is unable to wear a safety belt for physical or medical

25 reasons.

26 (f) A motor vehicle that is not required to be equipped with

27 safety belts under federal law.

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1 (g) A commercial or United States postal service vehicle

2 that makes frequent stops for the purpose of pickup or delivery

3 of goods or services.

4 (h) A motor vehicle operated by a rural carrier of the

5 United States postal service while serving his or her rural

6 postal route.

7 (2) This section does not apply to a passenger of a school

8 bus.

9 (3) Each driver and front seat passenger of a motor vehicle

10 operated on a street or highway in this state shall wear a prop-

11 erly adjusted and fastened safety belt, except that a child less

12 than 4 years of age shall be protected as required in THIS SEC-

13 TION AND section 710d. If there are more passengers than safety

14 belts available for use, and all safety belts in the motor vehi-

15 cle are being utilized in compliance with this section, the

16 driver of the motor vehicle is in compliance with this section,

17 EXCEPT AS OTHERWISE PROVIDED UNDER SUBSECTION (4).

18 (4) Each driver of a motor vehicle transporting a child

19 4 years of age or more but less than 16 years of age in a motor

20 vehicle shall secure the child in a properly adjusted and

21 fastened safety belt. If the motor vehicle is transporting more

22 children than there are safety belts available for use, all

23 safety belts available in the motor vehicle are being utilized in

24 compliance with this section, and the driver and all front seat

25 passengers comply with subsection (3), then the driver of a motor

26 vehicle transporting a child 4 years of age or more but less than

27 16 years of age for which there is not an available safety belt

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1 is in compliance with this subsection, if that child is seated in

2 other than the front seat of the motor vehicle. However, if that

3 motor vehicle is a pickup truck without an extended cab or jump

4 seats, and all safety belts in the front seat are being used, the

5 driver may transport such a child in the front seat without a

6 safety belt. A PARENT WHO IS OPERATING OR RIDING IN A MOTOR

7 VEHICLE SHALL NOT PERMIT HIS OR HER CHILD TO RIDE IN THE MOTOR

8 VEHICLE UPON A HIGHWAY OF THIS STATE WITHOUT PROVIDING AND PROP-

9 ERLY USING CHILD SAFETY RESTRAINT IF THE CHILD IS EITHER OR BOTH

10 OF THE FOLLOWING:

11 (A) 4 OR MORE BUT LESS THAN 16 YEARS OF AGE.

12 (B) 40 OR MORE POUNDS IN WEIGHT.

13 (5) A DRIVER SHALL NOT TRANSPORT A CHILD IN A MOTOR VEHICLE

14 UPON A HIGHWAY IN THIS STATE WITHOUT PROVIDING AND PROPERLY USING

15 CHILD SAFETY RESTRAINT FOR THE CHILD, UNLESS THE PARENT OF THE

16 CHILD IS ALSO PRESENT IN THE MOTOR VEHICLE AND IS NOT THE DRIVER,

17 IF THE CHILD IS EITHER OR BOTH OF THE FOLLOWING:

18 (A) 4 OR MORE BUT LESS THAN 16 YEARS OF AGE.

19 (B) 40 OR MORE POUNDS IN WEIGHT.

20 (6) (5) If after December 31, 2005 the office of highway

21 safety planning certifies that there has been less than 80% com-

22 pliance with the safety belt requirements of this section during

23 the preceding year, then enforcement of this section

24 SUBSECTION (3) by state or local law enforcement agencies shall

25 be accomplished only as a secondary action when a driver of a

26 motor vehicle has been detained for a suspected violation of

27 another section of this act.

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1 (7) (6) Failure to wear a safety belt OR TO USE CHILD

2 SAFETY RESTRAINT in violation of this section may be considered

3 IS evidence of negligence and may reduce the recovery for damages

4 arising out of the ownership, maintenance, or operation of a

5 motor vehicle. However, such negligence shall not reduce the

6 recovery for damages by more than 5%.

7 (8) (7) A person who violates this section is responsible

8 for a civil infraction AND IS LIABLE FOR THE FOLLOWING CIVIL

9 FINE:

10 (A) FOR A VIOLATION OF SUBSECTION (3), $25.00.

11 (B) FOR A VIOLATION OF SUBSECTION (4) OR (5), $50.00, EXCEPT

12 AS PROVIDED IN SUBSECTION (9).

13 (9) A PERSON WHO VIOLATES SUBSECTION (4) OR (5) A SECOND OR

14 SUBSEQUENT TIME IS LIABLE FOR A CIVIL FINE OF $100.00.

15 (10) (8) A law enforcement agency shall conduct an inves-

16 tigation for all reports of police harassment that result from

17 the enforcement of this section.

18 (11) (9) The secretary of state shall engage an indepen-

19 dent organization to conduct a 3-year study to determine the

20 effect that the primary enforcement of this section has on the

21 number of incidents of police harassment of drivers. The organi-

22 zation that conducts the study shall submit a report to the leg-

23 islature not later than June 30, 2001 and an annual report not

24 later than June 30 each year thereafter.

25 (12) (10) The secretary of state shall promote compliance

26 with the safety belt AND CHILD SAFETY RESTRAINT requirements of

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1 this section at the branch offices and through any print or

2 visual media determined appropriate by the secretary of state.

3 (13) (11) The secretary of state shall conduct a study

4 with the cooperation and contribution of the directors of the

5 department of state police, the department of community health,

6 the state transportation department, and the insurance bureau to

7 analyze the monetary savings, if any, arising from the enactment

8 of the amendatory act that added this subsection. The secretary

9 of state shall report the findings of the study to all of the

10 following not later than May 1, 2000:

11 (a) The senate and house of representatives appropriations

12 committees.

13 (b) The senate and house of representatives fiscal

14 agencies.

15 (14) (12) It is the intent of the legislature that the

16 enforcement of this section be conducted in a manner calculated

17 to save lives and not in a manner that results in the harassment

18 of the citizens of this state.

19 (15) (13) Points shall not be assessed under section

20 320a for a violation of this section.

21 (16) AS USED IN THIS SECTION:

22 (A) "CHILD SAFETY RESTRAINT" MEANS A CHILD SAFETY SEAT THAT

23 MEETS OR EXCEEDS FEDERAL MOTOR VEHICLE SAFETY STANDARDS FOR CHIL-

24 DREN WHO ARE 40 OR MORE POUNDS IN WEIGHT OR A PROPERLY FASTENED

25 SAFETY BELT, OR BOTH.

26 (B) "PARENT" MEANS PARENT, STEPPARENT, OR LEGAL GUARDIAN.

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1 Sec. 907. (1) A violation of this act, or a local ordinance

2 substantially corresponding to a provision of this act, which

3 THAT is designated a civil infraction shall not be considered

4 IS NOT a lesser included offense of a criminal offense.

5 (2) If a person is determined pursuant to sections 741 to

6 750 to be responsible or responsible "with explanation" for a

7 civil infraction under this act or a local ordinance substan-

8 tially corresponding to a provision of this act, the judge, dis-

9 trict court referee, or district court magistrate may order the

10 person to pay a civil fine of not more than $100.00 and costs as

11 provided in subsection (4). However, for a violation of

12 section 674(1)(s) or a local ordinance substantially correspond-

13 ing to section 674(1)(s), the person shall be ordered to pay

14 costs as provided in subsection (4) and a civil fine of not less

15 than $50.00 or more than $100.00. For a violation of section

16 328, or 710d, the civil fine ordered under this subsection

17 shall not exceed $10.00. FOR A VIOLATION OF SECTION 710D(1) OR

18 (2), THE CIVIL FINE ORDERED UNDER THIS SUBSECTION SHALL BE

19 $100.00, UNLESS IT IS WAIVED PURSUANT TO SECTION 710D(4). FOR A

20 VIOLATION OF SECTION 710D(8), THE CIVIL FINE ORDERED UNDER THIS

21 SUBSECTION SHALL BE $250.00 FOR A FIRST OFFENSE OR $600.00 FOR A

22 SECOND OR SUBSEQUENT OFFENSE, AS APPROPRIATE. For a violation of

23 section 710e 710E(3), the civil fine and court costs ordered

24 under this subsection shall be $25.00. FOR A VIOLATION OF SEC-

25 TION 710E(4) OR (5), THE CIVIL FINE ORDERED UNDER THIS SUBSECTION

26 SHALL BE $50.00 FOR A FIRST OFFENSE OR $100.00 FOR A SECOND OR

27 SUBSEQUENT OFFENSE, AS APPROPRIATE. For a violation of section

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1 682 or a local ordinance substantially corresponding to section

2 682, the person shall be ordered to pay costs as provided in sub-

3 section (4) and a civil fine of not less than $100.00 or more

4 than $500.00. Permission may be granted for payment of a civil

5 fine and costs to be made within a specified period of time or in

6 specified installments, but unless permission is included in the

7 order or judgment, the civil fine and costs shall be payable

8 immediately.

9 (3) If a person is determined to be responsible or responsi-

10 ble "with explanation" for a civil infraction under this act or a

11 local ordinance substantially corresponding to a provision of

12 this act while driving a commercial motor vehicle, he or she

13 shall be ordered to pay costs as provided in subsection (4) and a

14 civil fine of not more than $250.00.

15 (4) If a civil fine is ordered to be paid under

16 subsection (2) or (3), the judge, district court referee, or dis-

17 trict court magistrate shall summarily tax and determine the

18 costs of the action, which shall not be limited to the costs tax-

19 able in ordinary civil actions, and may include all expenses,

20 direct and indirect, to which the plaintiff has been put in con-

21 nection with the civil infraction, up to the entry of judgment.

22 Except in a civil infraction for a parking violation, costs of

23 not less than $5.00 shall be ordered. Costs shall not be ordered

24 in excess of $100.00. Except as otherwise provided by law, costs

25 shall be payable to the general fund of the plaintiff.

26 (5) In addition to a civil fine and costs ordered under

27 subsection (2) or (3) and subsection (4), the judge, district

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1 court referee, or district court magistrate may order the person

2 to attend and complete a program of treatment, education, or

3 rehabilitation.

4 (6) A district court referee or district court magistrate

5 shall impose the sanctions permitted under subsections (2), (3),

6 and (5) only to the extent expressly authorized by the chief

7 judge or only judge of the district court district.

8 (7) Each district of the district court and each municipal

9 court may establish a schedule of civil fines and costs to be

10 imposed for civil infractions which THAT occur within the

11 respective district or city. If a schedule is established, it

12 shall be prominently posted and readily available for public

13 inspection. A schedule need not include INCLUDES all viola-

14 tions which THAT are designated by law or ordinance as civil

15 infractions. A schedule may exclude cases on the basis of a

16 defendant's prior record of civil infractions or traffic

17 offenses, or a combination of civil infractions and traffic

18 offenses.

19 (8) The state court administrator shall annually publish and

20 distribute to each district and court a recommended range of

21 civil fines and costs for first-time civil infractions. This

22 recommendation shall not be binding upon the courts having juris-

23 diction over civil infractions but is intended to act as a norma-

24 tive guide for judges, district court referees, and district

25 court magistrates and a basis for public evaluation of dispari-

26 ties in the imposition of civil fines and costs throughout the

27 state.

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1 (9) If a person has received a civil infraction citation for

2 defective safety equipment on a vehicle under section 683, the

3 court shall waive a civil fine and costs, upon receipt of certi-

4 fication by a law enforcement agency that repair of the defective

5 equipment was made before the appearance date on the citation.

6 (10) A default in the payment of a civil fine or costs

7 ordered under subsection (2), (3), or (4) or an installment of

8 the fine or costs may be collected by a means authorized for the

9 enforcement of a judgment under chapter 40 of the revised judica-

10 ture act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or under

11 chapter 60 of the revised judicature act of 1961, 1961 PA 236,

12 MCL 600.6001 to 600.6098.

13 (11) If a person fails to comply with an order or judgment

14 issued pursuant to this section, within the time prescribed by

15 the court, the driver's license of that person shall be suspended

16 pursuant to section 321a until full compliance with that order or

17 judgment occurs. In addition to this suspension, the court may

18 also proceed under section 908.

19 (12) The court shall waive any civil fine or cost against a

20 person who received a civil infraction citation for a violation

21 of section 710d if the person, before the appearance date on the

22 citation, supplies the court with evidence of acquisition, pur-

23 chase, or rental of a child seating PASSENGER RESTRAINT system

24 meeting the requirements of section 710d.

25 (13) In addition to any fines and costs ordered to be paid

26 under this section, the judge, district court referee, or

27 district court magistrate shall levy an assessment of $5.00 for

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1 each civil infraction determination, except for a parking

2 violation or a violation for which the total fine and costs

3 imposed are $10.00 or less. Upon payment of the assessment, the

4 clerk of the court shall transmit the assessment levied to the

5 state treasury to be deposited into the Michigan justice training

6 fund. An assessment levied under this subsection shall not be

7 considered a civil fine for purposes of section 909.

8 (14) If a person has received a citation for a violation of

9 section 223, the court shall waive any fine and costs, upon

10 receipt of certification by a law enforcement agency that the

11 person, before the appearance date on the citation, produced a

12 valid registration certificate that was valid on the date the

13 violation of section 223 occurred.

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