HB-5453, As Passed House, May 8, 2014

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5453

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 719, 724, 907, and 909 (MCL 257.719, 257.724,

 

257.907, and 257.909), section 719 as amended by 2012 PA 282,

 

section 724 as amended by 2012 PA 498, section 907 as amended by

 

2013 PA 35, and section 909 as amended by 2000 PA 94.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 719. (1) A vehicle unloaded or with load shall not exceed

 

a height of 13 feet 6 inches. The owner of a vehicle that collides

 

with a lawfully established bridge or viaduct is liable for all

 

damage and injury resulting from a collision caused by the height

 

of the vehicle, whether the clearance of the bridge or viaduct is

 

posted or not.

 


     (2) Lengths described in this subsection shall be known as the

 

normal length maximum. Except as provided in subsection (3), the

 

following vehicles and combinations of vehicles shall not be

 

operated on a highway in this state in excess of these lengths:

 

     (a) Subject to subsection (8), any single vehicle: 40 feet; a

 

crib vehicle on which logs are loaded lengthwise of the vehicle:

 

42.5 feet; any single bus or motor home: 45 feet.

 

     (b) Articulated buses: 65 feet.

 

     (c) Notwithstanding any other provision of this section, a

 

combination of a truck and semitrailer or trailer, or a truck

 

tractor, semitrailer, and trailer, or truck tractor and semitrailer

 

or trailer, designed and used exclusively to transport assembled

 

motor vehicles or bodies, recreational vehicles, or boats: 65 feet.

 

A combination of a truck and semitrailer or trailer, or a truck

 

tractor, semitrailer, and trailer, or a truck tractor and

 

semitrailer or trailer designed and used to transport boats from

 

the manufacturer, or a stinger-steered combination: 75 feet. The

 

load on the combinations of vehicles described in this subdivision

 

may extend an additional 3 feet beyond the front and 4 feet beyond

 

the rear of the combinations of vehicles. Retractable extensions

 

used to support and secure the load that do not extend beyond the

 

allowable overhang for the front and rear shall not be included in

 

determining length of a loaded vehicle or vehicle combination.

 

     (d) Truck tractor and semitrailer combinations: no overall

 

length, the semitrailer: 50 feet.

 

     (e) Truck and semitrailer or trailer: 59 feet.

 

     (f) Except as provided in subdivision (g), truck tractor,

 


semitrailer, and trailer, or truck tractor and 2 semitrailers: 59

 

feet.

 

     (g) A truck tractor, semitrailer, and trailer, or a truck

 

tractor and 2 semitrailers, in which no semitrailer or trailer is

 

more than 28-1/2 feet long: 65 feet. This subdivision only applies

 

while the vehicle is being used for a business purpose reasonably

 

related to picking up or delivering a load and only if each

 

semitrailer or trailer is equipped with a device or system capable

 

of mechanically dumping construction materials or dumping

 

construction materials by force of gravity.

 

     (h) More than 1 motor vehicle, wholly or partially assembled,

 

in combination, utilizing 1 tow bar or 3 saddle mounts with full

 

mount mechanisms and utilizing the motive power of 1 of the

 

vehicles in combination: 55 feet.

 

     (i) A recreational vehicle that has its own motive power, in

 

combination with a trailer: 65 feet or, if the operator of the

 

recreational vehicle has a group commercial motor vehicle

 

designation on his or her operator's or chauffeur's license, 75

 

feet.

 

     (3) Notwithstanding subsection (2), the following vehicles and

 

combinations of vehicles shall not be operated on a designated

 

highway of this state in excess of these lengths:

 

     (a) Truck tractor and semitrailer combinations: no overall

 

length limit, the semitrailer 53 feet. All semitrailers longer than

 

50 feet shall have a wheelbase of 37.5 to 40.5 feet plus or minus

 

0.5 feet, measured from the kingpin coupling to the center of the

 

rear axle or the center of the rear axle assembly. City, village,

 


or county authorities may prohibit stops of vehicles with a

 

semitrailer longer than 50 feet within their jurisdiction unless

 

the stop occurs along appropriately designated routes, or is

 

necessary for emergency purposes or to reach shippers, receivers,

 

warehouses, and terminals along designated routes.

 

     (b) Truck and semitrailer or trailer combinations: 65 feet,

 

except that a person may operate a truck and semitrailer or trailer

 

designed and used to transport saw logs, pulpwood, and tree length

 

poles that does not exceed an overall length of 70 feet or a crib

 

vehicle and semitrailer or trailer designed and used to transport

 

saw logs that does not exceed an overall length of 75 feet. A crib

 

vehicle and semitrailer or trailer designed to and used to

 

transport saw logs shall not exceed a gross vehicle weight of

 

164,000 pounds. A person may operate a truck tractor and

 

semitrailer designed and used to transport saw logs, pulpwood, and

 

tree length wooden poles with a load overhang to the rear of the

 

semitrailer which does not exceed 6 feet if the semitrailer does

 

not exceed 50 feet in length.

 

     (c) Notwithstanding subsection (4)(d), a truck tractor with a

 

log slasher unit and a log saw unit: no overall limit if the length

 

of each unit does not exceed 28-1/2 feet, or the overall length of

 

the log slasher unit and the log saw unit, as measured from the

 

front of the first towed unit to the rear of the second towed unit

 

while the units are coupled together, does not exceed 58 feet. The

 

coupling devices of the truck tractor and units set forth in this

 

subdivision shall meet the requirements established under the motor

 

carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25.

 


     (d) Truck tractor and 2 semitrailers, or truck tractor,

 

semitrailer, and trailer combinations: no overall length limit, if

 

the length of each semitrailer or trailer does not exceed 28-1/2

 

feet each, or the overall length of the semitrailer and trailer, or

 

2 semitrailers as measured from the front of the first towed unit

 

to the rear of the second towed unit while the units are coupled

 

together does not exceed 58 feet.

 

     (e) More than 1 motor vehicle, wholly or partially assembled,

 

in combination, utilizing 1 tow bar or 3 saddle mounts with full

 

mount mechanisms and utilizing the motive power of 1 of the

 

vehicles in combination: 75 feet.

 

     (f) Truck tractor and lowboy semitrailer combinations: no

 

maximum overall length, if the lowboy semitrailer does not exceed

 

59 feet, except as otherwise permitted under this subdivision. A

 

lowboy semitrailer wheelbase shall not exceed 55 feet as measured

 

from the kingpin coupling to the center of the rear axle. A lowboy

 

semitrailer more than 59 feet in length shall not operate with more

 

than any combination of 4 axles on the lowboy unless an oversized

 

load permit is issued by the state transportation department or a

 

local authority with respect to highways under its jurisdiction. As

 

used in this subdivision, "lowboy semitrailer" means a flatbed

 

semitrailer with a depressed section that has the specific purpose

 

of being lowered and raised for loading and unloading.

 

     (4) The following combinations and movements are prohibited:

 

     (a) A truck shall not haul more than 1 trailer or semitrailer,

 

and a truck tractor shall not haul more than 2 semitrailers or 1

 

semitrailer and 1 trailer in combination at any 1 time, except that

 


a farm tractor may haul 2 wagons or trailers, or garbage and refuse

 

haulers may, during daylight hours, haul up to 4 trailers for

 

garbage and refuse collection purposes, not exceeding in any

 

combination a total length of 55 feet and at a speed limit not to

 

exceed 15 miles per hour.

 

     (b) A combination of vehicles or a vehicle shall not have more

 

than 11 axles, except when operating under a valid permit issued by

 

the state transportation department or a local authority with

 

respect to a highway under its jurisdiction.

 

     (c) Any combination of vehicles not specifically authorized

 

under this section is prohibited.

 

     (d) Except as provided in subsection (3)(c), a combination of

 

2 semitrailers pulled by a truck tractor, unless each semitrailer

 

uses a fifth wheel connecting assembly that conforms to the

 

requirements of the motor carrier safety act of 1963, 1963 PA 181,

 

MCL 480.11 to 480.25.

 

     (e) A vehicle or a combination of vehicles shall not carry a

 

load extending more than 3 feet beyond the front of the lead

 

vehicle.

 

     (f) A vehicle described in subsections (2)(e) and (3)(e)

 

employing triple saddle mounts unless all wheels that are in

 

contact with the roadway have operating brakes.

 

     (5) All combinations of vehicles under this section shall

 

employ connecting assemblies and lighting devices that are in

 

compliance with the motor carrier safety act of 1963, 1963 PA 181,

 

MCL 480.11 to 480.25.

 

     (6) The total gross weight of a truck tractor, semitrailer,

 


and trailer combination or a truck tractor and 2 semitrailers

 

combination that exceeds 59 feet in length shall not exceed a ratio

 

of 400 pounds per engine net horsepower delivered to clutch or its

 

equivalent specified in the handbook published by the society of

 

automotive engineers, inc. (SAE), 1977 edition.

 

     (7) A person who violates this section is responsible for a

 

civil infraction and shall pay a civil fine of not more than

 

$500.00. The owner of the vehicle may be charged with a violation

 

of this section.

 

     (8) The provisions in subsections (2)(a) and (3)(b)

 

prescribing the length of a crib vehicle on which logs are loaded

 

lengthwise do not apply unless 23 USC 127(d) is amended to allow

 

crib vehicles carrying logs to be loaded as described in this

 

section.

 

     (9) As used in this section:

 

     (a) "Designated highway" means a highway approved by the state

 

transportation department or a local authority with respect to a

 

highway under its jurisdiction.

 

     (b) "Length" means the total length of a vehicle, or

 

combination of vehicles, including any load the vehicle is

 

carrying. Length does not include devices described in 23 CFR

 

658.16 and 23 CFR part 658, appendix d, 23 CFR 658.16 and 23 CFR

 

part 658, appendix d, as on file with the secretary of state are

 

adopted by reference. A safety or energy conservation device shall

 

be excluded from a determination of length only if it is not

 

designed or used for the carrying of cargo, freight, or equipment.

 

Semitrailers and trailers shall be measured from the front vertical

 


plane of the foremost transverse load supporting structure to the

 

rearmost transverse load supporting structure. Vehicle components

 

not excluded by law shall be included in the measurement of the

 

length, height, and width of the vehicle.

 

     (c) "Stinger-steered combinations" means a truck tractor and

 

semitrailer combination in which the fifth wheel is located on a

 

drop frame located behind and below the rearmost axle of the power

 

unit.

 

     Sec. 724. (1) A police officer, a peace officer, or an

 

authorized agent of the state transportation department or a county

 

road commission having reason to believe that the weight of a

 

vehicle and load is unlawful may require the driver to stop and

 

submit to a weighing of the vehicle by either portable or

 

stationary scales approved and sealed as a legal weighing device by

 

a qualified person using testing equipment certified or approved by

 

the department of agriculture and rural development as a legal

 

weighing device and may require that the vehicle be driven to the

 

nearest weigh station of the state transportation department for

 

the purpose of allowing a police officer, peace officer, or agent

 

of the state transportation department or county road commission to

 

determine whether the vehicle is loaded in conformity with this

 

chapter.

 

     (2) When the officer or agent, upon weighing a vehicle and

 

load, determines that the weight is unlawful, the officer or agent

 

may require the driver to stop the vehicle in a suitable place and

 

remain standing until that portion of the load is shifted or

 

removed as necessary to reduce the gross axle load weight of the

 


vehicle to the limit permitted under this chapter. All material

 

unloaded as provided under this subsection shall be cared for by

 

the owner or operator of the vehicle at the risk of the owner or

 

operator. A judge or magistrate imposing a civil fine and costs

 

under this section that are not paid in full immediately or for

 

which a bond is not immediately posted in the amount of the civil

 

fine and costs shall order the driver or owner to move the vehicle

 

at the driver's own risk to a place of safekeeping within the

 

jurisdiction of the judge or magistrate, inform the judge or

 

magistrate in writing of the place of safekeeping, and keep the

 

vehicle until the fine and costs are paid or sufficient bond is

 

furnished or until the judge or magistrate is satisfied that the

 

fine and costs will be paid. The officer or agent who has

 

determined, after weighing a vehicle and load, that the weight is

 

unlawful, may require the driver to proceed to a judge or

 

magistrate within the county. If the judge or magistrate is

 

satisfied that the probable civil fine and costs will be paid by

 

the owner or lessee, the judge or magistrate may allow the driver

 

to proceed, after the load is made legal. If the judge or

 

magistrate is not satisfied that the owner or lessee, after a

 

notice and a right to be heard on the merits is given, will pay the

 

amount of the probable civil fine and costs, the judge or

 

magistrate may order the vehicle to be impounded until trial on the

 

merits is completed under conditions set forth in this section for

 

the impounding of vehicles after the civil fine and costs have been

 

imposed. Removal of the vehicle, and forwarding, care, or

 

preservation of the load shall be under the control of and at the

 


risk of the owner or driver. Vehicles impounded shall be subject to

 

a lien, subject to a prior valid bona fide lien of prior record, in

 

the amount of the civil fine and costs and if the civil fine and

 

costs are not paid within 90 days after the seizure, the judge or

 

magistrate shall certify the unpaid judgment to the prosecuting

 

attorney of the county in which the violation occurred, who shall

 

proceed to enforce the lien by foreclosure sale in accordance with

 

procedure authorized in the case of chattel mortgage foreclosures.

 

When the duly authorized agent of the state transportation

 

department or county road commission is performing duties under

 

this chapter, the agent has all the powers conferred upon peace

 

officers by the general laws of this state.

 

     (3) Subject to subsection (4), an owner of a vehicle or a

 

lessee of the vehicle of an owner-operator, or other person, who

 

causes or allows a vehicle to be loaded and driven or moved on a

 

highway when the weight of that vehicle violates section 722 is

 

responsible for a civil infraction and shall pay a civil fine in an

 

amount equal to 3 6 cents per pound for each pound of excess load

 

over 1,000 pounds when the excess is 2,000 pounds or less; 6 12

 

cents per pound of excess load when the excess is over 2,000 pounds

 

but not over 3,000 pounds; 9 18 cents per pound for each pound of

 

excess load when the excess is over 3,000 pounds but not over 4,000

 

pounds; 12 24 cents per pound for each pound of excess load when

 

the excess is over 4,000 pounds but not over 5,000 pounds; 15 30

 

cents per pound for each pound of excess load when the excess is

 

over 5,000 pounds but not over 10,000 pounds; and 20 40 cents per

 

pound for each pound of excess load when the excess is over 10,000

 


pounds. If a person operates a vehicle in violation of increased

 

axle loading maximums provided for under section 722(13), the owner

 

or lessee of the vehicle is responsible for a civil infraction and

 

shall pay the civil fine under this subsection that applies to the

 

amount of weight by which the vehicle exceeds the original loading

 

maximum.

 

     (4) Beginning January 1, 2006, if If the court determines that

 

the motor vehicle or the combination of vehicles was operated in

 

violation of this section, the court shall impose a fine as

 

follows:

 

     (a) If the court determines that the motor vehicle or the

 

combination of vehicles was operated in such a manner that the

 

gross weight of the vehicle or the combination of vehicles would

 

not be lawful by a proper distribution of the load upon all the

 

axles of the vehicle or the combination of vehicles, the court

 

shall impose a fine for the violation according to the schedule

 

provided for in subsection (3).

 

     (b) If the court determines that the motor vehicle or the

 

combination of vehicles would be lawful by a proper distribution of

 

the load upon all of the axles of the vehicle or the combination of

 

vehicles, but that 1 or more axles of the vehicle exceeded the

 

maximum allowable axle weight by more than 1,000 pounds but less

 

than 4,000 pounds, the court may shall impose a misload fine of

 

$200.00 per axle. Not more than 3 axles shall be used in

 

calculating the fine to be imposed under this subdivision. This

 

subdivision does not apply to a vehicle subject to the maximum

 

loading provisions of section 722(12) or to a vehicle for which a

 


House Bill No. 5453 (H-3) as amended May 8, 2014

fine as calculated under the schedule in subsection (3) would be

 

less than the fine as calculated under this subsection.

 

     (c) If the court determines that the motor vehicle or the

 

combination of vehicles would meet the loading conditions specified

 

in a special permit that was issued under section 725 by a proper

 

distribution of the load upon all of the axles of the vehicle or

 

the combination of vehicles, but that 1 or more axles of the

 

vehicle exceeded the permitted axle weight by 1,000 pounds or less,

 

the court shall impose a misload fine of $200.00 per axle. If the

 

court determines that the motor vehicle or the combination of

 

vehicles would meet the loading conditions specified in a special

 

permit that was issued under section 725 by a proper distribution

 

of the load upon all of the axles of the vehicle or the combination

 

of vehicles, but that 1 or more axles of the vehicle exceeded the

 

permitted axle weight by more than 1,000 pounds, the court shall

 

impose a fine for the violation according to the schedule provided

 

in subsection (3) [for the amount of pounds exceeding the permitted axle

 weight]. Not more than 3 axles shall be used in

 

calculating the fine to be imposed under this subdivision. If the

 

court determines that the load was misloaded, the conditions of the

 

special permit remain valid. The imposition of a fine does not void

 

the special permit.

 

     (d) If the court determines that the motor vehicle or the

 

combination of vehicles would be lawful by a proper distribution of

 

the load upon all of the axles of the vehicle or the combination of

 

vehicles, but that 1 or more axles of the vehicle exceeded the

 

permitted axle weight by more than at least 4,000 pounds but no

 

more than 8,000 pounds, the court shall impose a misload fine for

 


House Bill No. 5453 (H-3) as amended May 8, 2014

the violation according to the schedule provided in subsection (3).

 

Of $500.00 per axle. [Not more than 3 axles shall be used in calculating

 the fine to be imposed under this subdivision.]

 

     (e) If the court determines that the motor vehicle or the

 

combination of vehicles would be lawful by a proper distribution of

 

the load upon all of the axles of the vehicle or the combination of

 

vehicles, but that 1 or more axles of the vehicle exceeded the

 

permitted axle weight by more than 8,000 pounds, the court shall

 

impose a fine for the violation according to the schedule provided

 

in subsection (3).

 

     (5) A driver or owner of a commercial vehicle with other

 

vehicles or trailers in combination, a truck or truck tractor, a

 

truck or truck tractor with other vehicles in combination, or any

 

special mobile equipment who fails to stop at or bypasses any

 

scales or weighing station is guilty of a misdemeanor.

 

     (6) An agent or authorized representative of the state

 

transportation department or a county road commission shall not

 

stop a truck or vehicle in movement upon a road or highway within

 

the state for any purpose, unless the agent or authorized

 

representative is driving a duly marked vehicle, clearly showing

 

and denoting the branch of government represented.

 

     (7) A driver or owner of a vehicle who knowingly fails to stop

 

when requested or ordered to do so and submit to a weighing by a

 

police officer, a peace officer, or an authorized agent of the

 

state transportation department, or a representative or agent of a

 

county road commission, authorized to require the driver to stop

 

and submit to a weighing of the vehicle and load by means of a

 

portable scale, is guilty of a misdemeanor punishable by

 


imprisonment for not more than 90 days or a fine of not more than

 

$100.00, or both. A driver or person who dumps his or her load when

 

ordered to submit to a weigh or who otherwise attempts to commit or

 

commits an act to avoid a vehicle weigh is in violation of this

 

section.

 

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

 

substantially corresponding to a provision of this act, that is

 

designated a civil infraction shall not be considered a lesser

 

included offense of a criminal offense.

 

     (2) If a person is determined under sections 741 to 750 to be

 

responsible or responsible "with explanation" for a civil

 

infraction under this act or a local ordinance substantially

 

corresponding to a provision of this act, the judge or district

 

court magistrate may order the person to pay a civil fine of not

 

more than $100.00 and costs as provided in subsection (4). However,

 

beginning October 31, 2010, if the civil infraction was a moving

 

violation that resulted in an at-fault collision with another

 

vehicle, a person, or any other object, the civil fine ordered

 

under this section shall be increased by $25.00 but the total civil

 

fine shall not exceed $100.00. However, for a violation of section

 

602b, the person shall be ordered to pay costs as provided in

 

subsection (4) and a civil fine of $100.00 for a first offense and

 

$200.00 for a second or subsequent offense. For a violation of

 

section 674(1)(s) or a local ordinance substantially corresponding

 

to section 674(1)(s), the person shall be ordered to pay costs as

 

provided in subsection (4) and a civil fine of not less than

 

$100.00 or more than $250.00. For a violation of section 328, the

 


civil fine ordered under this subsection shall be not more than

 

$50.00. For a violation of section 710d, the civil fine ordered

 

under this subsection shall not exceed $10.00. For a violation of

 

section 710e, the civil fine and court costs ordered under this

 

subsection shall be $25.00. For a violation of section 682 or a

 

local ordinance substantially corresponding to section 682, the

 

person shall be ordered to pay costs as provided in subsection (4)

 

and a civil fine of not less than $100.00 or more than $500.00. For

 

a violation of section 240, the civil fine ordered under this

 

subsection shall be $15.00. For a violation of section 252a(1), the

 

civil fine ordered under this subsection shall be $50.00. For a

 

violation of section 676a(3), the civil fine ordered under this

 

section shall be not more than $10.00. For a first violation of

 

section 319f(1), the civil fine ordered under this section shall be

 

not less than $2,500.00 or more than $2,750.00; for a second or

 

subsequent violation, the civil fine shall be not less than

 

$5,000.00 or more than $5,500.00. For a violation of section

 

319g(1)(a), the civil fine ordered under this section shall be not

 

more than $10,000.00. For a violation of section 319g(1)(g), the

 

civil fine ordered under this section shall be not less than

 

$2,750.00 or more than $25,000.00. For a violation of section

 

719(7), the civil fine ordered under this section shall be not more

 

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

 

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

 

specified installments, but unless permission is included in the

 

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

 

immediately.

 


     (3) Except as provided in this subsection and section 719(7),

 

if a person is determined to be responsible or responsible "with

 

explanation" for a civil infraction under this act or a local

 

ordinance substantially corresponding to a provision of this act

 

while driving a commercial motor vehicle, he or she shall be

 

ordered to pay costs as provided in subsection (4) and a civil fine

 

of not more than $250.00.

 

     (4) If a civil fine is ordered under subsection (2) or (3),

 

the judge or district court magistrate shall summarily tax and

 

determine the costs of the action, which are not limited to the

 

costs taxable in ordinary civil actions, and may include all

 

expenses, direct and indirect, to which the plaintiff has been put

 

in connection with the civil infraction, up to the entry of

 

judgment. Costs shall not be ordered in excess of $100.00. A civil

 

fine ordered under subsection (2) or (3) shall not be waived unless

 

costs ordered under this subsection are waived. Except as otherwise

 

provided by law, costs are payable to the general fund of the

 

plaintiff.

 

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

 

subsection (2) or (3) and subsection (4) and the justice system

 

assessment ordered under subsection (13), the judge or district

 

court magistrate may order the person to attend and complete a

 

program of treatment, education, or rehabilitation.

 

     (6) A district court magistrate shall impose the sanctions

 

permitted under subsections (2), (3), and (5) only to the extent

 

expressly authorized by the chief judge or only judge of the

 

district court district.

 


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

 

court may establish a schedule of civil fines, costs, and

 

assessments to be imposed for civil infractions that occur within

 

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

 

shall be prominently posted and readily available for public

 

inspection. A schedule need not include all violations that are

 

designated by law or ordinance as civil infractions. A schedule may

 

exclude cases on the basis of a defendant's prior record of civil

 

infractions or traffic offenses, or a combination of civil

 

infractions and traffic offenses.

 

     (8) The state court administrator shall annually publish and

 

distribute to each district and court a recommended range of civil

 

fines and costs for first-time civil infractions. This

 

recommendation is not binding upon the courts having jurisdiction

 

over civil infractions but is intended to act as a normative guide

 

for judges and district court magistrates and a basis for public

 

evaluation of disparities in the imposition of civil fines and

 

costs throughout the state.

 

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

 

defective safety equipment on a vehicle under section 683, the

 

court shall waive a civil fine, costs, and assessments upon receipt

 

of certification by a law enforcement agency that repair of the

 

defective equipment was made before the appearance date on the

 

citation.

 

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

 

under subsection (2), (3), or (4) or a justice system assessment

 

ordered under subsection (13), or an installment of the fine,

 


costs, or assessment, may be collected by a means authorized for

 

the enforcement of a judgment under chapter 40 of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or

 

under chapter 60 of the revised judicature act of 1961, 1961 PA

 

236, MCL 600.6001 to 600.6098.

 

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

 

issued under this section within the time prescribed by the court,

 

the driver's license of that person shall be suspended under

 

section 321a until full compliance with that order or judgment

 

occurs. In addition to this suspension, the court may also proceed

 

under section 908.

 

     (12) The court may waive any civil fine, cost, or assessment

 

against a person who received a civil infraction citation for a

 

violation of section 710d if the person, before the appearance date

 

on the citation, supplies the court with evidence of acquisition,

 

purchase, or rental of a child seating system meeting the

 

requirements of section 710d.

 

     (13) In addition to any civil fines or costs ordered to be

 

paid under this section, the judge or district court magistrate

 

shall order the defendant to pay a justice system assessment of

 

$40.00 for each civil infraction determination, except for a

 

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

 

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

 

clerk of the court shall transmit the assessment collected to the

 

state treasury to be deposited into the justice system fund created

 

in section 181 of the revised judicature act of 1961, 1961 PA 236,

 

MCL 600.181. An assessment levied under this subsection is not a

 


civil fine for purposes of section 909.

 

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

 

section 223, the court shall waive any civil fine, costs, and

 

assessment, upon receipt of certification by a law enforcement

 

agency that the person, before the appearance date on the citation,

 

produced a valid registration certificate that was valid on the

 

date the violation of section 223 occurred.

 

     (15) If a person has received a citation for a violation of

 

section 328(1) for failing to produce a certificate of insurance

 

under section 328(2), the court may waive the fee described in

 

section 328(3)(c) and shall waive any fine, costs, and any other

 

fee or assessment otherwise authorized under this act upon receipt

 

of verification by the court that the person, before the appearance

 

date on the citation, produced valid proof of insurance that was in

 

effect at the time the violation of section 328(1) occurred.

 

Insurance obtained subsequent to the time of the violation does not

 

make the person eligible for a waiver under this subsection.

 

     (16) As used in this section, "moving violation" means an act

 

or omission prohibited under this act or a local ordinance

 

substantially corresponding to this act that involves the operation

 

of a motor vehicle and for which a fine may be assessed.

 

     Sec. 909. (1) Except as provided in subsection subsections (2)

 

and (3), a civil fine which that is ordered under section 907 for a

 

violation of this act or other state statute shall be exclusively

 

applied to the support of public libraries and county law libraries

 

in the same manner as is provided by law for penal fines assessed

 

and collected for violation of a penal law of the this state. A

 


civil fine ordered for a violation of a code or ordinance of a

 

local authority regulating the operation of commercial motor

 

vehicles and substantially corresponding to a provision of this act

 

shall be paid to the county treasurer and shall be allocated as

 

follows:

 

     (a) Seventy percent to the local authority in which the

 

citation is issued.

 

     (b) Thirty percent for library purposes as provided by law.

 

     (2) Subsection (1) is intended to maintain a source of revenue

 

for public libraries which that previously received penal fines for

 

misdemeanor violations of this act which that are now civil

 

infractions.

 

     (3) Fifty percent of a civil fine ordered under section 719(7)

 

or 724(3) shall be distributed to the state trunk line fund, county

 

road commissions, and the cities and villages of this state, in the

 

same percentages described in section 10(1)(j) of 1951 PA 51, MCL

 

247.660, and shall be used for the purposes provided in 1951 PA 51,

 

MCL 247.651 to 247.675.