Michigan Laws 257.955 – Operation of commercial vehicle; payment and allocation of civil fine; exception; issuance of more than 1 citation; equipment violations; training requirements as motor carrier enforcement office
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(1) A civil fine imposed upon a person for a violation of a code or ordinance regulating the operation of a commercial vehicle adopted by a city, township, or village under section 1 shall be paid to the county treasurer and shall be allocated as follows:
(a) Seventy percent to the city, township, or village in which the citation is issued.
Terms Used In Michigan Laws 257.955
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(b) Thirty percent for library purposes as provided by law.
(2) This section does not apply to a case in which the citation is dismissed pursuant to subsection (3).
(3) The owner or operator of a commercial motor vehicle shall not be issued more than 1 citation for each violation of a code or ordinance regulating the operation of a commercial motor vehicle and substantially corresponding to a provision of section 683 to 725a of the Michigan vehicle code, 1949 PA 300, MCL 257.683 to 257.725a, within a 24-hour period. If the owner or operator of a commercial motor vehicle is issued a citation for an equipment violation that does not result in the vehicle being placed out of service, the court shall dismiss the citation if the owner or operator of that commercial motor vehicle provides written proof to the court within 14 days after the citation is issued showing that the defective equipment indicated in the citation has been repaired.
(4) In order to be classified as a motor carrier enforcement officer, a police officer must have training equal to the minimum training requirements, including any annual training updates, established by the department of state police for an officer of the motor carrier division of the department of state police. A police officer who has received training equal to these minimum training requirements before the effective date of this section is considered a motor carrier enforcement officer for purposes of this act.
(5) As used in this section:
(a) “Commercial vehicle” means that term as defined in section 7 of the Michigan vehicle code, 1949 PA 300, MCL 257.7.
(b) “Operation” means being in actual physical control of a vehicle regardless of whether or not the person is licensed under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, as an operator or chauffeur.
(c) “Out of service” means that process established under the motor carrier safety act, 1963 PA 181, MCL 480.11 to 480.22.
(d) “Person” means every natural person, partnership, association, or corporation and their legal successors.