November 6, 2008, Introduced by Reps. Palsrok and Mayes and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 216, 248, and 719a (MCL 257.216, 257.248, and
257.719a), section 216 as amended by 2002 PA 642, section 248 as
amended by 2004 PA 495, and section 719a as amended by 1996 PA 136,
and by adding sections 38a, 49a, and 74a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 38a. "Park model trailer" means a vehicle that meets all
of the following:
(a) Is built on a single chassis, mounted on wheels, and
designed to be towed by a motor vehicle from time to time.
(b) Requires a permit under section 719a to be towed on a
street or highway.
(c) Is designed to provide recreational seasonal or temporary
living quarters.
(d) When used as recreational seasonal or temporary living
quarters, may be connected to utilities necessary for the operation
of installed fixtures and appliances.
(e) Is not a mobile home as that term is defined in section 2
of the mobile home commission act, 1987 PA 96, MCL 125.2302.
Sec. 49a. (1) "Recreational vehicle" means a new or used
vehicle that has its own motive power or is towed by a motor
vehicle; is primarily designed to provide temporary living quarters
for recreational, camping, travel, or seasonal use; complies with
all applicable federal vehicle regulations; and does not require a
permit under section 719a to be operated or towed on a street or
highway. The term includes, but is not limited to, a motor home,
travel trailer, park model trailer, or pickup camper.
(2) "Recreational vehicle dealer" means a vehicle dealer
engaged in the business of purchasing, selling, exchanging,
brokering, leasing, or dealing in recreational vehicles.
Sec. 74a. (1) "Travel trailer" means a trailer coach, fifth
wheel trailer, camping trailer, or other vehicle that is designed
to be towed by a motor vehicle; is designed to provide temporary
living quarters for recreational, camping, or travel use; and does
not require a special highway movement permit under section 719a
because of its size and weight when towed on a street or highway.
(2) As used in this section:
(a) "Camping trailer" means a trailer coach constructed with
collapsible side walls that fold for towing and unfold to provide
temporary living quarters for recreational, camping, or travel use.
(b) "Fifth wheel trailer" means a trailer coach designed to be
towed by a motor vehicle using a towing mechanism that is mounted
above or forward of the tow vehicle’s rear axle.
Sec.
216. Every motor vehicle, pickup camper, trailer coach
recreational vehicle, trailer, semitrailer, and pole trailer, when
driven
or moved upon on a street
or highway, is subject to the
registration and certificate of title provisions of this act except
the following:
(a)
A vehicle driven or moved upon on
a street or highway in
conformance with the provisions of this act relating to
manufacturers, transporters, dealers, or nonresidents.
(b)
A vehicle that is driven or moved upon on a street or
highway only for the purpose of crossing that street or highway
from 1 property to another.
(c) An implement of husbandry.
(d)
Special mobile equipment. for which the The secretary of
state may issue a special registration to an individual,
partnership, corporation, or association not licensed as a dealer
that
pays the required fee, to identify the
special mobile
equipment
when being moved over the streets and highways upon
payment
of the required fee that is
driven or moved on a street or
highway.
(e) A vehicle that is propelled exclusively by electric power
obtained
from overhead trolley wires though not operated upon on
rails.
(f) Any vehicle subject to registration, but owned by the
government of the United States.
(g)
A certificate of title need not be obtained is not
required
for a trailer, semitrailer, or pole
trailer weighing that
weighs less than 2,500 pounds.
(h)
A vehicle driven or moved upon the on a street or highway,
by the most direct route, only for the purpose of securing a scale
weight
receipt from a weighmaster as is required in for purposes of
section
801 , or for
obtaining a vehicle inspection by a law
enforcement
agency before titling or registration
, and then only
by
the most direct route of that
vehicle.
(i)
A certificate of title need not be obtained is not
required for a vehicle owned by a manufacturer or dealer and held
for
sale or lease, even though incidentally moved on the a street
or highway or used for purposes of testing or demonstration.
(j)
A bus or a school bus
, as defined in section 4b or 57,
that is not self-propelled and is used exclusively as a
construction shanty.
(k)
A certificate of title need not be obtained is not
required for a moped.
(l) For 3 days immediately following the date of a properly
assigned title or signed lease agreement from any person other than
a
vehicle dealer, a registration need not be obtained is not
required
for a vehicle driven or moved upon
the on a street or
highway
for the sole purpose of transporting the vehicle in by the
most direct route from the place of purchase or lease to a place of
storage if the driver has in his or her possession the assigned
title showing the date of sale or a lease agreement showing the
date of the lease.
(m)
A certificate of registration need not be obtained is not
required
for a pickup camper, but a certificate
of title shall be
obtained
is required.
(n)
A new motor vehicle driven or moved upon the on a street
or highway only for the purpose of moving the vehicle from an
accident site to a storage location if the vehicle was being
transported on a railroad car or semitrailer that was involved in a
disabling accident.
Sec. 248. (1) The secretary of state shall not grant a dealer
license under this section until an investigation is made of the
applicant's qualifications under this act, except that this
subsection does not apply to dealer license renewals. The secretary
of state shall make the investigation within 15 days after
receiving the application and make a report on the investigation.
(2)
An applicant for a new vehicle dealer or license, a used
or secondhand vehicle dealer or broker license, or a recreational
vehicle license shall include a properly executed bond or renewal
certificate with the application. If a renewal certificate is used,
the bond is considered renewed for each succeeding year in the same
amount and with the same effect as an original bond. The bond shall
be
in the sum of $10,000.00 with good and sufficient surety to be
approved by the secretary of state. The bond shall indemnify or
reimburse a purchaser, seller, lessee, financing agency, or
governmental agency for monetary loss caused through fraud,
cheating, or misrepresentation in the conduct of the vehicle
business whether the fraud, cheating, or misrepresentation was made
by the dealer or by an employee, agent, or salesperson of the
dealer. The surety shall make indemnification or reimbursement for
a monetary loss only after judgment based on fraud, cheating, or
misrepresentation has been entered in a court of record against the
licensee. The bond shall also indemnify or reimburse the state for
any sales tax deficiency as provided in the general sales tax act,
1933 PA 167, MCL 205.51 to 205.78, or use tax deficiency as
provided in the use tax act, 1937 PA 94, MCL 205.91 to 205.111, for
the year in which the bond is in force. The surety shall make
indemnification or reimbursement only after final judgment has been
entered in a court of record against the licensee. A dealer or
applicant
who that has furnished satisfactory proof that a bond
similar to the bond required by this subsection is executed and in
force is exempt from the bond provisions set forth in this
subsection. The aggregate liability of the surety shall not exceed
the sum of the bond. The surety on the bond may cancel the bond
upon
by giving 30 days' notice in writing to the secretary
of state
and
thereafter after that
period is not liable for a breach of
condition occurring after the effective date of the cancellation.
(3)
An applicant for a new vehicle dealer, or a used or
secondhand vehicle dealer, or recreational vehicle dealer license
shall
apply for not less than 2 dealer plates as provided by
required under section 245 and shall include with the application
the
proper fee as provided by required
under section 803.
(4) As a condition precedent to the granting of a dealer
license,
a the dealer shall file with the secretary of state an
irrevocable written stipulation, authenticated by the applicant,
stipulating and agreeing that legal process affecting the dealer,
served on the secretary of state or a deputy of the secretary of
state, has the same effect as if personally served on the dealer.
This appointment remains in force as long as the dealer has any
outstanding liability within this state.
(5) A person shall not carry on or conduct the business of
buying, selling, brokering, leasing, negotiating a lease, or
dealing in 5 or more vehicles of a type required to be titled under
this act in a 12-month period unless the person obtains a dealer
license from the secretary of state authorizing the carrying on or
conducting of that business. A person shall not carry on or conduct
the business of buying, selling, brokering, leasing, negotiating a
lease, or dealing in 5 or more distressed, late model vehicles or
salvageable parts to 5 or more of those vehicles in a 12-month
period unless the person obtains a used or secondhand vehicle parts
dealer, an automotive recycler, or a salvage pool license from the
secretary of state or is an insurance company admitted to conduct
business in this state. A person shall not carry on or conduct the
business of buying 5 or more vehicles in a 12-month period to
process into scrap metal or store or display 5 or more vehicles in
a 12-month period as an agent or escrow agent of an insurance
company unless the person obtains a dealer license from the
secretary of state. A vehicle scrap metal processor who does not
purchase vehicles or salvageable parts from unlicensed persons is
not required to obtain a dealer license. A person from another
state shall not purchase, sell, or otherwise deal in distressed,
late model vehicles or salvageable parts unless the person obtains
a foreign salvage vehicle dealer license from the secretary of
state
as prescribed under section 248b. A person, including a
dealer, shall not purchase or acquire a distressed, late model
vehicle or a salvageable part through a salvage pool, auction, or
broker without a license as a salvage vehicle agent. The secretary
of state shall investigate and seek prosecution, if necessary, of
persons
any person allegedly conducting a business without a dealer
license.
(6)
The An application for a dealer license shall be in the
form
prescribed by the secretary of state, and shall be signed by
the
applicant, . In addition to other information as may be
required
by the secretary of state, the application and shall
include all of the following:
(a) Name of the applicant.
(b) Location of the applicant's established place of business
in this state, together with written verification from the
appropriate governing or zoning authority that the established
place of business meets all applicable municipal and zoning
requirements.
(c) The name under which business is to be conducted.
(d) If the business is a corporation, the state of
incorporation.
(e) Name, address, date of birth, and social security number
of each owner or partner of the applicant and, if a corporation,
the name, address, date of birth, and social security number of
each of the principal officers of the corporation.
(f) The county in which the business is to be conducted and
the address of each place of business in that county.
(g) If new vehicles or new recreational vehicles are to be
sold,
the make to be handled of
those new vehicles or new
recreational vehicles. Each new vehicle or new recreational vehicle
dealer shall send with the application for license a certification
that the dealer holds a bona fide contract to act as factory
representative, factory distributor, or distributor representative
to sell at retail ......... (the make of vehicle or recreational
vehicle to be sold).
(h) A statement of the previous history, record, and
associations of the applicant and of each owner, partner, officer,
and director. The statement shall be sufficient to establish to the
satisfaction of the secretary of state the business reputation and
character of the applicant.
(i) A statement showing whether the applicant has previously
applied for a license, the result of the application, and whether
the applicant has ever been the holder of a dealer license that was
revoked or suspended.
(j) If the applicant is a corporation or partnership, a
statement showing whether a partner, employee, officer, or director
has been refused a license or has been the holder of a license that
was revoked or suspended.
(k) If the application is for a used or secondhand vehicle
parts dealer or an automotive recycler, it shall include all of the
following:
(i) Evidence that the applicant maintains or will maintain an
established place of business.
(ii) Evidence that the applicant maintains or will maintain a
police book and vehicle parts purchase and sales and lease records
as required under this act.
(iii) Evidence of worker's compensation insurance coverage for
employees classified under the North American industrial
classification system number 42114, entitled "motor vehicle parts
(used) wholesalers" or under the national council on compensation
insurance classification code number 3821, entitled "automobile
dismantling and drivers", if applicable.
(l) Certification that neither the applicant nor another person
named on the application is acting as the alter ego of any other
person or persons in seeking the license. For the purpose of this
subdivision,
"alter ego" means a person who that acts for and on
behalf of, or in the place of, another person for purposes of
obtaining a vehicle dealer license.
(m) Any other information required by the secretary of state.
(7) A person shall apply separately for a dealer license for
each county in which business is to be conducted. Before moving 1
or
more of his or her places of business or opening an additional
place of business, a dealer shall apply to the secretary of state
for
and obtain a supplemental dealer license. , for which a fee
shall
not be charged. A The
secretary of state shall not charge a
fee for issuing a supplemental dealer license and shall issue a
supplemental
dealer license shall be issued only for a location,
including a tent, temporary stand, or any temporary quarters, that
does not meet the definition of an established place of business,
within the county in which the dealer's established place of
business is located. A dealer license entitles the dealer to
conduct the business of buying, selling, leasing, and dealing in
vehicles or salvageable parts in the county covered by the license.
The dealer license shall also entitle the dealer to conduct at any
other licensed dealer's established place of business in this state
only the business of buying, selling, leasing, or dealing in
vehicles at wholesale.
(8) The secretary of state shall classify and differentiate
vehicle dealers according to the type of activity they perform. A
dealer shall not engage in activities of a particular
classification as provided in this act unless the dealer is
licensed in that classification. An applicant may apply for a
dealer license in 1 or more of the following classifications:
(a) New vehicle dealer.
(b) Used or secondhand vehicle dealer.
(c) Beginning July 1, 2009, recreational vehicle dealer.
(d) (c)
Used or secondhand vehicle parts
dealer.
(e) (d)
Vehicle scrap metal processor.
(f) (e)
Vehicle salvage pool operator.
(g) (f)
Distressed vehicle transporter.
(h) (g)
Broker.
(i) (h)
Foreign salvage vehicle dealer.
(j) (i)
Automotive recycler.
(k) (j)
Beginning April 1, 2005, wholesaler.
(9) A dealer license expires on December 31 of the last year
for which the license is issued. The secretary of state may renew a
dealer
license for a period of not more than 4 years upon after
receiving
an application and payment of the fee
required by under
section 807.
(10) A dealer may conduct the business of buying, selling, or
dealing
in motor homes, trailer coaches, trailers, or pickup
campers
trailers or recreational
vehicles at a recreational vehicle
show conducted at a location in this state without obtaining a
separate or supplemental license under subsection (7) if all of the
following apply:
(a)
The dealer is licensed as a new vehicle dealer, or used or
secondhand vehicle dealer, or recreational vehicle dealer.
(b) The duration of the recreational vehicle show is not more
than 14 days.
(c) Not less than 14 days before the beginning date of the
recreational vehicle show, the show producer notifies the secretary
of state, in a manner and form prescribed by the secretary of
state, that the recreational vehicle show is scheduled, the
location, dates, and times of the recreational vehicle show, and
the name, address, and dealer license number of each dealer
participating in the recreational vehicle show.
Sec. 719a. (1) Notwithstanding any other provisions of this
act,
a person shall not operate on the highways of this state a
towing vehicle to which a mobile home or park model trailer is
attached , on a street or highway if that mobile home or park model
trailer is more than 45 feet in length or more than 60 feet in
length when combined with the towing vehicle, is more than 12-1/2
feet in height, and has an actual body width of more than 102
inches at base rail, unless that person possesses either of the
following:
(a)
A permit issued by the jurisdictional authority pursuant
to
under this section.
(b) A special permit issued by the jurisdictional authority
pursuant
to under section 725.
(2)
The A jurisdictional authority may issue to a mobile home
or park model trailer transport company, a mobile home or park
model trailer manufacturer, or a mobile home or park model trailer
dealer
an annual permit to move over a on
a street or highway, in
the ordinary course of that company's, manufacturer's, or dealer's
business, a mobile home or park model trailer that conforms to each
of the following:
(a) The mobile home or park model trailer is not more than 12
feet wide.
(b) The actual body length of the mobile home or park model
trailer is not more than 80 feet and the combined length of the
mobile home or park model trailer and towing vehicle is not more
than 105 feet or the total length of a combination of mobile homes
or park model trailers is not more than 80 feet and the total
length of a combination of mobile homes or park model trailers and
towing vehicle is not more than 105 feet.
(3)
A jurisdictional authority may, in accordance with under
section
725 , may
issue a special permit for the movement
of a
mobile
home over or park model
trailer on a street or highway
within its jurisdiction if the width of that mobile home or park
model trailer conforms to both of the following:
(a) The mobile home or park model trailer is not more than 16
feet wide plus normal appurtenances or eaves that extend not more
than 6 inches from any side of the mobile home or park model
trailer.
(b) The length of the mobile home or park model trailer
complies with subsection (2)(b).
(4) A person operating a towing vehicle under subsection (3)
shall transport a mobile home or park model trailer only on the
lane farthest to the right of that person. A person shall not move
a mobile home or park model trailer that is 14 or more feet in
width including an eave of 2 feet when the wind velocity exceeds 25
miles per hour.
(5) A jurisdictional authority shall not issue a permit
described in subsection (2) or (3) for the transport of a mobile
home or park model trailer on a Saturday, Sunday, legal holiday,
from the noon before until the noon after a holiday, or during the
hours between sunset and sunrise.
(6) A jurisdictional authority shall provide and a person
operating a towing vehicle shall comply with all of the following
in a permit issued under this section:
(a) The date, day, and time period during which a mobile home
or park model trailer subject to the permit may be moved on a
highway.
(b) Notice that the permit is conditioned upon its holder's
compliance with the permit's terms and with the law.
(c) Notice that the operator of a towing vehicle transporting
the mobile home or park model trailer shall operate the towing
vehicle on a highway as follows:
(i) At a safe speed and in a safe manner that will not impede
motor traffic.
(ii) Only when the surface condition of the highway is not
slippery.
(iii) In accordance compliance with seasonal load restrictions.
(d) For a mobile home or park model trailer and towing vehicle
that, when combined, are more than 80 feet in length or more than
12 feet wide, all of the following:
(i) Notice that the mobile home or park model trailer shall be
equipped with 2 flashing amber lights on the rear of the mobile
home or park model trailer and 1 flashing amber light on the top of
the towing vehicle.
(ii) Notice that the mobile home or park model trailer shall be
equipped with stop lights and directional lights on the rear of the
mobile home or park model trailer.
(iii) Notice that signs with the words "oversize load" shall be
displayed on the front bumper of the towing vehicle and the back of
the mobile home or park model trailer or, in the case of mobile
homes or park model trailers that are 16 feet wide, notice that
signs with the words "16-ft wide load" shall be displayed on the
front bumper of the towing vehicle and the back of the mobile home
or park model trailer.
(iv) Notice that the signs identified in subparagraph (iii) shall
be of durable material, in good condition, with black lettering on
interstate yellow background, and that each letter shall be of
block lettering not less than 12 inches high at the front and not
less than 16 inches high at the rear of the unit.
(v) Notice that a vehicle escort is required on those roads
where the state police consider escort vehicles necessary for
highway safety.
(7) Signs and other special identification for escort vehicles
shall conform to state transportation department requirements for
all escort vehicles for oversized loads.
(8) For a mobile home or park model trailer being moved
pursuant to this section or section 725, the distance between
mobile home or park model trailer axle centers shall not be less
than 34 inches. The axles and tires shall meet standards
established by the state transportation department.
(9) This section does not grant or give authority to the state
transportation department that did not exist on May 1, 1982, in
accordance
with section 127 of title 23 of the United States Code,
23
U.S.C. 127 23 USC 127.
(10)
A person who that violates this section is responsible
for a civil infraction and may be assessed a civil fine of not more
than $500.00. The owner of the towing vehicle may be charged with a
violation of this section.
(11) The state transportation commission may order the state
transportation department to immediately cease issuing all special
permits to move on the highways of the lower peninsula of this
state a mobile home or park model trailer that is more than 14-1/3
feet wide plus normal appurtenances that extend no more than 6
inches, and an eave that extends no more than 2 feet from the width
of
that mobile home upon a or
park model trailer if the state
transportation commission makes a determination that those permits
create an unreasonable safety hazard or hazards. The state
transportation commission shall notify all other jurisdictional
authorities
of the a determination made under this subsection. The
order shall not prohibit the issuance of a special permit for the
movement of a mobile home or park model trailer if a binding
contract for the movement of that mobile home or park model trailer
was executed before the commission determination of an unreasonable
safety hazard or hazards.
(12) As used in this section:
(a) "Jurisdictional authority" means the state transportation
department,
a county road commission, or a local authority having
that
has jurisdiction over a street or highway upon on which a
mobile home is proposed to be moved.
(b) "Mobile home" means any of the following:
(i) A prebuilt housing module.
(ii) That term as defined in section 2 of the mobile home
commission
act, Act No. 96 of the Public Acts of 1987, being
section
125.2302 of the Michigan Compiled Laws 1987 PA 96, MCL
125.2302.
(iii) A section of a mobile home as that term is defined in
subparagraph (ii).
Enacting section 1. This amendatory act takes effect July 1,
2009.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6617(request no.
08271'08 *) of the 94th Legislature is enacted into law.