HB 5644

substitute for
House BILL NO. 5644
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 19a, 675, 803d, and 803h (MCL
257.19a, 257.675, 257.803d, and 257.803h), section 19a as amended by 2002 PA
618, section 675 as amended by 2018 PA 179, and sections 803d and 803h as
amended by 2018 PA 62.
the peoplE of the state of michigan enact:
Sec. 19a. "Disabled person" or "person
with disabilities" means a person an individual who is determined by a physician, a
physician assistant, a certified nurse practitioner, a
physical therapist, an occupational therapist, or an optometrist as
specifically provided in this section licensed to practice in this state to
have 1 or more of the following physical characteristics:
(a) Blindness. as determined by an
optometrist, a physician, or a physician assistant.
(b) Inability to
walk more than 200 feet without having to stop and rest.
(c) Inability to do
both of the following:
(i) Use 1 or both legs or feet.
(ii) Walk without the use of a wheelchair,
walker, crutch, brace, prosthetic, or other device, or without the assistance
of another person.individual.
(d) A lung disease
from which the person's individual's forced expiratory volume for 1 second,
when measured by spirometry, is less than 1 liter, or from which the person's individual's arterial
oxygen tension is less than 60 mm/hg of room air at rest.
(e) A
cardiovascular condition that causes the person individual to measure between 3 and 4 on the New York
heart Heart
Association functional classification scale, or that renders the person individual incapable
of meeting a minimum standard for cardiovascular health that is established by
the American heart association Heart Association and approved by the department of public health and human
services.
(f) An arthritic,
neurological, or orthopedic condition that severely limits the person's individual's ability
to walk.
(g) The persistent
reliance upon on an
oxygen source other than ordinary air.
Sec. 675. (1) Except as otherwise provided in this
section and this chapter, a vehicle stopped or parked upon on a highway
or street shall must
be stopped or parked with the wheels of the vehicle parallel to the
roadway and within 12 inches of any curb existing at the right of the vehicle.
(2) A local
authority may by ordinance permit parking of a vehicle on a 1-way roadway with
the vehicle's left wheels adjacent to and within 12 inches of any curb existing
at the left of the vehicle.
(3) A local
authority may by ordinance permit angle parking on a roadway, except that angle
parking is not permitted on a state trunk line highway unless authorized by the
state transportation department.
(4) The state
transportation commission with respect to state trunk line highways and a board
of county road commissioners with respect to county roads, acting jointly with
the director of the department of state police, may place signs prohibiting or
restricting the stopping, standing, or parking of vehicles on a highway where,
in the opinion of the officials as determined by an engineering survey, the
stopping, standing, or parking is dangerous to those using the highway or where
the stopping, standing, or parking of vehicles would unduly interfere with the
free movement of traffic on the highway or street. The signs shall must be
official signs and a person an individual shall not stop, stand, or park a
vehicle in violation of the restrictions stated on the signs. The signs shall must be
installed only after a proper traffic order is filed with the county clerk. Upon On the
application to the state transportation commission by a home rule city affected
by an order, opportunity shall must be given to the city for a hearing before the
state transportation commission, under the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328, except when
if an ordinance of the home rule city
prohibits or restricts the parking of vehicles on a state trunk line highway; when if the home
rule city, by lawfully authorized official action, requests the state
transportation department to prohibit or restrict parking on a state trunk line
highway; or when if
the home rule city enters into a construction agreement with the state
transportation department providing for the prohibition or restriction of
parking on a state trunk line highway during or after the period of
construction. Traffic control orders , so long as they that affect
parking upon a state trunk line highway within the corporate limits of a home
rule city , are
considered "rules" within the meaning of the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and upon on application
for a hearing by a home rule city, the proceedings before the state
transportation commission shall be are considered a "contested case" within
the meaning of that act.
(5) A disabled
person may apply, on a form prescribed by the secretary of state, for a
serially numbered nontransferable temporary or permanent windshield placard for
the personal use of the disabled person. Except as
otherwise provided in this subsection, the application must include a medical
statement attesting to the disability signed by a medical professional as
described in section 19a. An individual who has a religious objection to
having a medical examination may personally apply at a branch office of the
secretary of state for a serially numbered nontransferable temporary or
permanent windshield placard for the personal use of the disabled individual.
If it appears obvious that the individual has a qualifying disability, the
individual is not required to present a medical statement attesting to the
disability. The application for and the issuance of the serially numbered
nontransferable temporary or permanent windshield placard is subject to all of
the following:
(a) The secretary
of state may issue to a disabled person with a temporary disability a temporary
windshield placard that is valid for a period of not more than 6 months.
(b) The secretary
of state may issue to a disabled person with a permanent disability an original
or renewal permanent windshield placard that is valid for a period of not more
than 4 years.
(c) An original or
permanent windshield placard expires on the disabled person's fifth birthday
after the date of issuance.
(d) A renewal
permanent windshield placard expires on the disabled person's fourth birthday
after the date of renewal.
(e) Except as
otherwise provided in this subsection, not more than 45 days immediately
preceding the expiration of his or her the person's certificate or placard, a person holding
a permanent windshield placard may apply for a new or renewal placard as
provided in this section. However, if the person will be out of state during
the 45 days immediately preceding expiration of the placard or for other good
cause shown cannot apply for a placard within the 45-day period, the person may
apply for a new or renewal placard not more than 6 months before the placard
expires. A placard issued or renewed under this subdivision expires as provided
in this subsection.
(f) Upon On application
in the manner prescribed by the secretary of state for replacement of a lost,
stolen, or destroyed placard described in this section, a disabled person or
organization that provides specialized services to disabled persons may be
issued a placard that in substance duplicates the original certificate or
placard for a fee of $10.00.
(g) A placard
described in this section may be used by a person other than the disabled
person for the sole purpose of transporting the disabled person. An
organization that provides specialized services to disabled persons may apply
for and receive a permanent windshield placard to be used in any motor vehicle
actually transporting a disabled person. If the organization ceases to
transport disabled persons, the placard shall must be returned to the secretary of state for
cancellation and destruction.
(h) The secretary
of state shall not issue a permanent placard to an individual under this
section unless that individual has provided proof of Michigan residency.
(6) A disabled
person with a certificate of identification, windshield placard, special
registration plates issued under section 803d, a special registration plate
issued under section 803f that has a tab for persons with disabilities
attached, a certificate of identification or windshield placard from another
state, or special registration plates from another state issued for persons
with disabilities is entitled to courtesy in the parking of a vehicle. The
courtesy shall relieve relieves the disabled person or the person
transporting the disabled person from liability for a violation with respect to
parking, other than in violation of this act. A local authority may by
ordinance prohibit parking on a street or highway to create a fire lane or to
provide for the accommodation of heavy traffic during morning and afternoon
rush hours, and the privileges extending to veterans and physically disabled
persons under this subsection do not supersede that ordinance.
(7) Except as
otherwise provided in subsection (20), an application for an initial free
parking sticker shall must contain a certification by a physician,
physician assistant, certified nurse practitioner, or
physical therapist, or occupational therapist
licensed to practice in this state attesting to the nature and estimated
duration of the applicant's disabling condition and verifying that the
applicant qualifies for a free parking sticker. An individual who has a
religious objection to having a medical examination may personally apply at a
branch office of the secretary of state for an initial free parking sticker. If
it appears obvious that the individual is unable to do 1 or more of the acts
listed in subdivisions (a) to (d), the individual is not required to present a
certification by a physician, a physician assistant, a certified nurse
practitioner, or a physical therapist, or an occupational therapist attesting to the
nature and estimated duration of the applicant's disabling condition or
verifying that the applicant qualifies for a free parking sticker. The
applicant qualifies for a free parking sticker if the applicant is a licensed
driver and the physician, physician assistant, certified nurse practitioner, or physical therapist, or
occupational therapist certifies or, if an individual is not required to
have a certification by a physician, a physician assistant, a certified nurse
practitioner, or a physical therapist, or an occupational therapist, it is obvious that the
applicant is unable to do 1 or more of the following:
(a) Manage,
manipulate, or insert coins, or obtain tickets or tokens in parking meters or
ticket machines in parking lots or parking structures, due to the lack of fine
motor control of both hands.
(b) Reach above his or her the
applicant's head to a height of 42 inches from the ground, due to a lack
of finger, hand, or upper extremity strength or mobility.
(c) Approach a
parking meter due to his or her the applicant's use of a wheelchair or other device.
(d) Walk more than
20 feet due to an orthopedic, neurological, cardiovascular, or lung condition
in which the degree of debilitation is so severe that it almost completely
impedes the ability to walk.
(8) To be entitled
to free parking in a metered space or in a publicly owned parking structure or
area, a vehicle must properly display 1 of the following:
(a) A windshield
placard bearing a free parking sticker issued under this act.
(b) A valid
windshield placard issued by another state.
(c) A certificate
of identification issued by another state.
(d) A license plate
for persons with disabilities issued by another state.
(e) A special
registration plate with a tab for persons with disabilities attached issued by
another state.
(9) A vehicle that
does not properly display 1 of the items listed in subsection (8) is not
entitled to free parking in a metered parking space or in a publicly owned
parking area or structure, and the disabled person or vehicle operator shall
pay all parking fees and may be responsible for a civil infraction.
(10) Blindness that
is not accompanied by an incapacity described in subsection (7) does not
entitle a person to a free parking sticker.
(11) The secretary
of state shall attach a free parking sticker, in contrasting colors, to the
windshield placard of a person certified as having an incapacity described in
subsection (7).
(12) A windshield
placard issued under this section shall must be displayed on the interior rearview mirror of
the vehicle or, if there is no interior rearview mirror, on the lower left
corner of the dashboard while the vehicle is parked or being parked by or under
the direction of a disabled person pursuant to this section.
(13) Upon On conviction
of an offense involving a violation of the special privileges conferred upon on a holder
of a windshield placard or free parking sticker, a magistrate or judge trying
the case, as a part of any penalty imposed, may confiscate the windshield
placard or free parking sticker and return the confiscated item or items to the
secretary of state together with a certified copy of the sentence imposed. Upon On receipt of
a windshield placard or free parking sticker from a judge or magistrate, the
secretary of state shall cancel and destroy the placard or sticker, and the
disabled person to whom it was issued shall not receive another placard or
sticker until he or she the disabled person submits a completed application
and presents a current medical statement attesting to his or her the disabled
person's condition. A law enforcement officer who observes a misuse of a
windshield placard or free parking sticker may immediately confiscate the
placard or sticker and forward it with a copy of his
or her the law enforcement officer's report
to the secretary of state.
(14) A person An individual who
intentionally makes a false statement of material fact or commits or attempts
to commit a deception or fraud on a medical statement attesting to a
disability, submitted in support of an application for a windshield placard,
free parking sticker, special registration plate, or tab for persons with
disabilities under this section, section 803d, or section 803f, is guilty of a
misdemeanor punishable by a fine of not more than $500.00 or imprisonment for
not more than 30 days, or both.
(15) A person who
commits or attempts to commit a deception or fraud by 1 or more of the
following methods is guilty of a misdemeanor punishable by a fine of not more
than $500.00 or imprisonment for not more than 30 days, or both:
(a) Using a
windshield placard or free parking sticker issued under this section or by
another state to provide transportation to a disabled person, if the person is
not providing transportation to a disabled person.
(b) Altering,
modifying, or selling a windshield placard or free parking sticker issued under
this section or by another state.
(c) Copying or
forging a windshield placard or free parking sticker described in this section
or selling a copied or forged placard or sticker described in this section. In
the case of a violation of this subdivision, the fine described in this
subsection shall must
be not less than $250.00.
(d) Using a copied
or forged windshield placard or free parking sticker described in this section.
(e) Making a false
statement of material fact to obtain or assist an individual in obtaining a
placard or sticker described in this section, a special registration plate
under section 803d, or a tab for persons with disabilities under section 803f.
(f) Knowingly using
or displaying a placard or sticker described in this section that has been
canceled by the secretary of state.
(16) Except as
otherwise provided in this section, a person who violates this section is
responsible for a civil infraction.
(17) The secretary
of state may cancel, revoke, or suspend a windshield placard or free parking
sticker under any of the following circumstances:
(a) The secretary
of state determines that a windshield placard or free parking sticker was
fraudulently or erroneously issued.
(b) The secretary
of state determines that a person an individual has made or is making an unlawful use
of his or her the
individual's windshield placard or free parking sticker.
(c) The secretary
of state determines that a check or draft used to pay the required fee is not
paid on its first presentation and is not paid upon
on reasonable notice or demand or that
the required fee is paid by an invalid credit card.
(d) The secretary
of state determines that the person is no longer eligible to receive or use a
windshield placard or free parking sticker.
(e) The secretary
of state determines that the owner has committed an offense under this act
involving a windshield placard or free parking sticker.
(f) A person has
violated this act and the secretary of state is authorized under this act to
cancel, revoke, or suspend a windshield placard or free parking sticker for
that violation.
(g) The secretary
of state receives notice from another state or foreign country that a
windshield placard or free parking sticker issued by the secretary of state has
been surrendered by the owner or seized in conformity with the laws of that
other state or foreign country or has been improperly used or displayed in
violation of the laws of that other state or foreign country.
(18) Before a
cancellation, revocation, or suspension under subsection (17), the person individual affected
by that action shall must be given notice and an opportunity to be heard.
(19) A windshield
placard issued to a disabled person shall must bear the first letter and the last 3 digits of
the disabled person's driver or chauffeur's license number or official state
personal identification card number.
(20) For purposes
of this section only, the secretary of state may accept an application for a
windshield placard, special registration plate, or free parking sticker from a
disabled person that is signed by a physician, physician assistant, certified
nurse practitioner, or physical therapist, or occupational therapist licensed or certified to
practice in another state if the application is accompanied by a copy of that
physician's, physician assistant's, certified nurse practitioner's, or physical therapist's,
or occupational therapist's current medical license or certification
issued by that state.
(21) This section
does not require new or additional third party reimbursement or worker's
compensation benefits for services rendered.
(22) As used in this section, "disabled person"
means a person who is determined by a physician, a physician assistant, a
physical therapist, or an optometrist as specifically provided in this section
licensed to practice in this state to have 1 or more of the following physical
characteristics:
(a) Blindness as determined by an optometrist, a physician,
or a physician assistant.
(b) Inability to walk more than 200 feet without having to
stop and rest.
(c) Inability to do both of the following:
(i) Use 1 or both legs or feet.
(ii) Walk without the use of a wheelchair,
walker, crutch, brace, prosthetic, or other device, or without the assistance
of another person.
(d) A lung disease from which the person's forced expiratory
volume for 1 second, when measured by spirometry, is less than 1 liter, or from
which the person's arterial oxygen tension is less than 60 mm/hg of room air at
rest.
(e) A cardiovascular condition that causes the person to
measure between 3 and 4 on the New York heart classification scale, or that
renders the person incapable of meeting a minimum standard for cardiovascular
health that is established by the American Heart Association and approved by
the department of public health.
(f) An arthritic, neurological, or orthopedic condition that
severely limits the person's ability to walk.
(g) The persistent reliance upon an oxygen source other than
ordinary air.
(22) A medical
statement attesting to a disability submitted in support of an application for
a windshield placard under this section may be made only by a physician, a
physician assistant, a certified nurse practitioner, a physical therapist, an
occupational therapist, or an optometrist consistent with section 19a.
Sec. 803d. (1) A disabled person may make application apply to
the secretary of state and the secretary of state may issue special
registration plates inscribed with the official international wheelchair symbol
or a reasonable facsimile of that symbol and special identification numbers.
Vehicles registered under section 801(1)(a) may be issued special registration
plates under this section. A vehicle that is used to transport disabled persons
may qualify for these distinguishing plates when the registered owner of the
vehicle resides at the same address as the disabled person, submits as part of his or her the application
for the plates a statement to the effect that the vehicle is used for that
purpose, and provides the secretary of state with a medical statement attesting
to the fact that the person individual being transported is a disabled person.
The fees for the special registration plates shall correspond with the
registration fees provided in section 801(1)(a). Application for the special
plates shall must be
on a form prescribed by the secretary of state.
(2) As part of
a penalty imposed for violation of the special privileges conferred by this
section, a magistrate or judge may order the special plates confiscated and
returned to the secretary of state together with a certified copy of the
sentence imposed.
(3) The use of
special plates on a vehicle other than the vehicle for which the plates are
issued or by a person an individual who does not qualify under this section
is a misdemeanor.
(2) As used in this section, "disabled person"
means a person who is determined by a physician, a physician assistant, a
physical therapist, or an optometrist as specifically provided in this section
licensed to practice in this state to have 1 or more of the following physical
characteristics:
(a) Blindness as determined by an optometrist, a physician,
or a physician assistant.
(b) Inability to walk more than 200 feet without having to
stop and rest.
(c) Inability to do both of the following:
(i) Use 1 or both legs or feet.
(ii) Walk without the use of a wheelchair,
walker, crutch, brace, prosthetic, or other device, or without the assistance
of another person.
(d) A lung disease from which the person's forced expiratory
volume for 1 second, when measured by spirometry, is less than 1 liter, or from
which the person's arterial oxygen tension is less than 60 mm/hg of room air at
rest.
(e) A cardiovascular condition that causes the person to
measure between 3 and 4 on the New York heart classification scale, or that
renders the person incapable of meeting a minimum standard for cardiovascular
health that is established by the American heart association and approved by
the department of public health.
(f) An arthritic, neurological, or orthopedic condition that
severely limits the person's ability to walk.
(g) The persistent reliance upon an oxygen source other than ordinary
air.
(4) A
medical statement attesting to a disability submitted in support of an
application under this section may be made only by a physician, a physician
assistant, a certified nurse practitioner, a physical therapist, an
occupational therapist, or an optometrist consistent with section 19a.
Sec. 803h. (1) The secretary of state may
issue a tab for persons with disabilities to a disabled person who is issued or
has been issued a Michigan motor vehicle registration plate other than a
section 803d registration plate for persons with disabilities. The tab for
persons with disabilities shall must be an adhesive tab displaying the international
wheelchair symbol or a reasonable facsimile of that symbol. The use of a tab
for persons with disabilities on a registration plate other than the plate for
which the tab was issued or by a person an individual who does not qualify as a disabled
person is a misdemeanor.
(2) A tab for
persons with disabilities shall must not be used on a registration plate attached to
a motor vehicle owned and operated by this state; a state institution; a
municipality; a governmental unit; a nonprofit organization; the civil air
patrol; or a nonprofit, nonpublic college or university; or on a commercial
motor vehicle. A tab for persons with disabilities shall
must not be placed on a registration
plate used for intransit-repair or repossession of a motor vehicle.
(3) As used in this section, "disabled person"
means a person who is determined by a physician, a physician assistant, a
physical therapist, or an optometrist as specifically provided in this section
licensed to practice in this state to have 1 or more of the following physical
characteristics:
(a) Blindness as determined by an optometrist, a physician,
or a physician assistant.
(b) Inability to walk more than 200 feet without having to
stop and rest.
(c) Inability to do both of the following:
(i) Use 1 or both legs or feet.
(ii) Walk without the use of a wheelchair,
walker, crutch, brace, prosthetic, or other device, or without the assistance
of another person.
(d) A lung disease from which the person's forced expiratory
volume for 1 second, when measured by spirometry, is less than 1 liter, or from
which the person's arterial oxygen tension is less than 60 mm/hg of room air at
rest.
(e) A cardiovascular condition that causes the person to
measure between 3 and 4 on the New York heart classification scale, or that
renders the person incapable of meeting a minimum standard for cardiovascular
health that is established by the American heart association and approved by
the department of public health.
(f) An arthritic, neurological, or orthopedic condition that
severely limits the person's ability to walk.
(g) The persistent reliance upon an oxygen source other than ordinary
air.
(3) A
medical statement attesting to a disability submitted in support of an
application under this section may be made only by a physician, a physician
assistant, a certified nurse practitioner, a physical therapist, an
occupational therapist, or an optometrist consistent with section 19a.