June 4, 2003, Introduced by Senator GARCIA and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 76, 79, 627, 719a, 719b, 725, and 801 (MCL
257.76, 257.79, 257.627, 257.719a, 257.719b, 257.725, and
257.801), section 79 as amended by 1992 PA 134, section 627 as
amended by 1990 PA 165, section 719a as amended by 1996 PA 136,
section 719b as amended by 1993 PA 243, section 725 as amended by
1998 PA 247, and section 801 as amended by 2002 PA 417.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 76.
"Transporter" means every a person engaged in
2 the business of delivering vehicles of a type required to be
3 registered hereunder under
this act from a manufacturing,
4 assembling, or
distributing plant to dealers or sales agents a
5 dealer or sales agent of
a manufacturer, and every a person
6 certificated by the Michigan public service commission to engage
1 in the business of moving
a trailer coaches coach or mobile
2 homes a manufactured home. This section shall does
not affect
3 duly an authorized permit holders holder.
4 Sec. 79. "Vehicle" means every device in, upon, or by which
5 any person or property is or may be transported or drawn upon a
6 highway, except devices exclusively moved by human power or used
7 exclusively upon stationary rails or tracks and except, only for
8 the purpose of titling and registration under this act, a
9 mobile manufactured home as defined in section 2 of
the mobile
10 home manufactured housing commission act, Act
No. 96 of the
11 Public Acts of 1987,
being section 125.2302 of the Michigan
12 Compiled Laws 1987 PA 96, MCL 125.2302.
13 Sec. 627. (1) A person driving a vehicle on a highway shall
14 drive at a careful and prudent speed not greater than nor less
15 than is reasonable and proper, having due regard to the traffic,
16 surface, and width of the highway and of any other condition
17 then existing that exists. A person shall not drive a
vehicle
18 upon a highway at a speed
greater than that which will permit a
19 speed that permits a stop within the assured, clear distance
20 ahead.
21 (2) Subject to subsection (1) and except in those instances
22 where a lower speed is specified in this chapter, it is prima
23 facie lawful for the driver of a vehicle to drive at a speed not
24 exceeding the following,
except when this speed would be is
25 unsafe:
26 (a) 25 miles an hour
on all highways a highway in a
27 business or residence district as defined in this act.
1 (b) 25 miles an hour
in a public parks park unless a
2 different speed is fixed and duly posted.
3 (3) It is prima facie unlawful for a person to exceed the
4 speed limits prescribed in subsection (2), except as provided in
5 section 629.
6 (4) The driver of a
vehicle in a mobile manufactured home
7 park as defined in
section 2 of the mobile home manufactured
8 housing commission act, Act
No. 96 of the Public Acts of 1987,
9 being section 125.2302
of the Michigan Compiled Laws 1987
PA 96,
10 MCL 125.2302, shall drive at a careful and prudent speed, not
11 greater than a speed which
that is reasonable and proper,
12 having due regard for the traffic, surface, width of the roadway,
13 and all other conditions existing, and not greater than a speed
14 which will permit that permits a stop within the assured clear
15 distance ahead. It is prima facie unlawful for the driver of a
16 vehicle to drive at a speed exceeding 15 miles an hour in a
17 mobile manufactured home park as defined in section 2
of Act
18 No. 96 of the Public
Acts of 1987 the manufactured
housing
19 commission act, 1987 PA 96, MCL 125.2302.
20 (5) A person driving a passenger vehicle drawing another
21 vehicle or trailer shall not exceed a speed of 55 miles per hour,
22 unless the vehicle or trailer has 2 wheels or less and does not
23 exceed the combined weight of 750 pounds for the vehicle or
24 trailer and load, or is a trailer coach of not more than 26 feet
25 in length with brakes on each wheel and attached to the passenger
26 vehicle with an equalizing or stabilizing coupling unit.
27 (6) A truck with a gross weight of 10,000 pounds or more, a
1 truck-tractor with a trailer, or a combination of these vehicles
2 shall not exceed a speed of 55 miles per hour on highways,
3 streets, or freeways, and shall not exceed a speed of 35 miles
4 per hour during the period when reduced loadings are being
5 enforced in accordance with this chapter.
6 (7) A person driving a school bus shall not exceed the speed
7 of 50 miles per hour.
8 (8) The maximum rates of speeds allowed pursuant to this
9 section are subject to the maximum rate established pursuant to
10 section 629b.
11 (9) A person operating a vehicle on a highway, when entering
12 and passing through a designated work area where a normal lane or
13 part of the lane of traffic has been closed due to highway
14 construction, maintenance, or surveying activities, shall not
15 exceed a speed of 45 miles per hour unless otherwise determined
16 and posted by the state transportation department, a county road
17 commission, or a local authority. The state transportation
18 department, a county road commission, or a local authority shall
19 identify on streets and highways under its jurisdiction a
20 designated work area with
traffic control devices which that
21 are in conformance with the Michigan manual of uniform traffic
22 control devices. A person shall not exceed a speed limit
23 established under this section or a speed limit established
24 pursuant to section 628 or 629.
25 (10) A person who violates this section is responsible for a
26 civil infraction.
27 Sec. 719a. (1) Notwithstanding any other provisions of this
1 act, a person shall not operate on the highways of this state a
2 towing vehicle to which a
mobile manufactured home is attached,
3 if that mobile manufactured
home is more than 45 feet in length
4 or more than 60 feet in length when combined with the towing
5 vehicle, is more than 12-1/2 feet in height, and has an actual
6 body width of more than 102 inches at base rail, unless that
7 person possesses either of the following:
8 (a) A permit issued by the jurisdictional authority pursuant
9 to this section.
10 (b) A special permit issued by the jurisdictional authority
11 pursuant to section 725.
12 (2) The
jurisdictional authority may issue to a mobile
13 manufactured home
transport company, a mobile manufactured home
14 manufacturer, or a mobile
manufactured home dealer an annual
15 permit to move over a highway, in the ordinary course of that
16 company's,
manufacturer's, or dealer's business, a mobile
17 manufactured home that conforms to each of the following:
18 (a) The mobile manufactured
home is not more than 12 feet
19 wide.
20 (b) The actual body
length of the mobile manufactured home
21 is not more than 80 feet
and the combined length of the mobile
22 manufactured home and towing vehicle is not more than 105 feet or
23 the total length of a
combination of mobile manufactured homes
24 is not more than 80 feet and the total length of a combination of
25 mobile manufactured homes and towing vehicle is not
more than
26 105 feet.
27 (3) A jurisdictional authority may, in accordance with
1 section 725, issue a special permit for the movement of a
2 mobile manufactured home over a highway within its
jurisdiction
3 if the width of that mobile
manufactured home conforms to both
4 of the following:
5 (a) The mobile manufactured
home is not more than 16 feet
6 wide plus normal appurtenances or eaves that extend not more than
7 6 inches from any side of
the mobile manufactured home.
8 (b) The length of the
mobile manufactured home complies
9 with subsection (2)(b).
10 (4) A person operating a towing vehicle under subsection (3)
11 shall transport a mobile
manufactured home only on the lane
12 farthest to the right of that person. A person shall not move a
13 mobile manufactured home that is 14 or more feet in
width
14 including an eave of 2 feet when the wind velocity exceeds 25
15 miles per hour.
16 (5) A jurisdictional authority shall not issue a permit
17 described in subsection (2) or (3) for the transport of a
18 mobile manufactured home on a Saturday, Sunday, legal
holiday,
19 from the noon before until the noon after a holiday, or during
20 the hours between sunset and sunrise.
21 (6) A jurisdictional authority shall provide and a person
22 operating a towing vehicle shall comply with all of the following
23 in a permit issued under this section:
24 (a) The date, day,
and time period during which a mobile
25 manufactured home subject to the permit may be moved on a
26 highway.
27 (b) Notice that the permit is conditioned upon its holder's
1 compliance with the permit's terms and with the law.
2 (c) Notice that the operator of a towing vehicle transporting
3 the mobile manufactured
home shall operate the towing vehicle
4 on a highway as follows:
5 (i) At a safe speed and in a safe manner that will not impede
6 motor traffic.
7 (ii) Only when the surface condition of the highway is not
8 slippery.
9 (iii) In accordance with seasonal load restrictions.
10 (d) For a mobile manufactured
home and towing vehicle that,
11 when combined, are more than 80 feet in length or more than 12
12 feet wide, all of the following:
13 (i) Notice that the mobile manufactured
home shall be
14 equipped with 2 flashing
amber lights on the rear of the mobile
15 manufactured home and 1 flashing amber light on the top of the
16 towing vehicle.
17 (ii) Notice that the mobile manufactured
home shall be
18 equipped with stop lights and directional lights on the rear of
19 the mobile manufactured
home.
20 (iii) Notice that signs with the words "oversize load" shall
21 be displayed on the front bumper of the towing vehicle and the
22 back of the mobile manufactured
home or, in the case of mobile
23 homes a manufactured home that are is
16 feet wide, notice
24 that signs with the words "16-ft wide load" shall be displayed on
25 the front bumper of the towing vehicle and the back of the
26 mobile manufactured home.
27 (iv) Notice that the signs identified in subparagraph (iii)
1 shall be of durable material, in good condition, with black
2 lettering on interstate yellow background, and that each letter
3 shall be of block lettering not less than 12 inches high at the
4 front and not less than 16 inches high at the rear of the unit.
5 (v) Notice that a vehicle escort is required on those roads
6 where the state police consider escort vehicles necessary for
7 highway safety.
8 (7) Signs and other special identification for escort
9 vehicles shall conform to state transportation department
10 requirements for all escort vehicles for oversized loads.
11 (8) For a mobile manufactured
home being moved pursuant to
12 this section or section
725, the distance between mobile
13 manufactured home axle centers shall not be less than 34 inches.
14 The axles and tires shall meet standards established by the state
15 transportation department.
16 (9) This section does not grant or give authority to the
17 state transportation department that did not exist on May 1,
18 1982, in accordance with section 127 of title 23 of the United
19 States Code, 23 U.S.C. 127.
20 (10) A person who violates this section is responsible for a
21 civil infraction and may be assessed a civil fine of not more
22 than $500.00. The owner of the towing vehicle may be charged
23 with a violation of this section.
24 (11) The state transportation commission may order the state
25 transportation department to immediately cease issuing all
26 special permits to move
on the highways of the lower peninsula
27 Lower Peninsula of this state a mobile manufactured
home that
1 is more than 14-1/3 feet wide plus normal appurtenances that
2 extend no more than 6 inches, and an eave that extends no more
3 than 2 feet from the
width of that mobile manufactured home
4 upon a state transportation commission determination that those
5 permits create an unreasonable safety hazard or hazards. The
6 state transportation commission shall notify all other
7 jurisdictional authorities of the determination made under this
8 subsection. The order shall not prohibit the issuance of a
9 special permit for the
movement of a mobile manufactured home
10 if a binding contract for
the movement of that mobile
11 manufactured home was executed before the commission
12 determination of an unreasonable safety hazard or hazards.
13 (12) As used in this section:
14 (a) "Jurisdictional authority" means the state transportation
15 department, a county road commission, or a local authority having
16 jurisdiction over a
highway upon which a mobile manufactured
17 home is proposed to be moved.
18 (b) "Mobile "Manufactured home" means any either
of the
19 following:
20 (i) A prebuilt housing module.
21 (ii) That term as defined in section 2 of the mobile
home
22 manufactured housing
commission act, Act No. 96 of the Public
23 Acts of 1987, being
section 125.2302 of the Michigan Compiled
24 Laws 1987 PA 96, MCL 125.2302.
25 (iii) A section of a mobile manufactured
home as that term
26 is defined in subparagraph (ii).
27 Sec. 719b. All
mobile homes A manufactured home
1 transported on the highways of the Lower Peninsula of this state
2 that are is
more than 14-1/3 feet wide, plus normal
3 appurtenances that extend no more than 6 inches, and an eave that
4 extends no more than 2
feet from the width of the mobile
5 manufactured home, are
is subject to all of the following
6 requirements in addition to the requirements of section 719a:
7 (a) Two escort vehicles shall escort the towing vehicle and
8 mobile manufactured home on all 2-lane roads and on
those roads
9 where the state police consider 2 escort vehicles necessary for
10 highway safety.
11 (b) Each towing vehicle shall be equipped with a radio or
12 other device that allows for continuous communication between the
13 towing vehicle and each escort vehicle.
14 (c) The person
transporting the mobile manufactured home
15 shall have in effect a liability insurance policy covering
16 personal injury and property damage and having policy limits of
17 not less than $1,000,000.00.
18 (d) The towing
vehicle and mobile manufactured home shall
19 not exceed a speed of 45 miles per hour or 10 miles per hour
20 below the posted speed limit, whichever is lower.
21 Sec. 725. (1) Upon receipt of a written application and
22 good cause being shown, a jurisdictional authority may issue a
23 written special permit authorizing an applicant to operate upon
24 or remove from a highway maintained by that jurisdictional
25 authority a vehicle or
combination of vehicles that are any
26 either of the following:
27 (a) Of a size, weight, or load exceeding the maximum
1 specified in this chapter.
2 (b) Otherwise not in conformity with this chapter.
3 (2) The application for a special permit shall be on a form
4 prescribed by the jurisdictional authority and shall specifically
5 describe the vehicle or vehicles and load to be operated or moved
6 and the particular highways upon which the special permit to
7 operate is requested.
8 (3) A jurisdictional authority may issue a special permit
9 and charge a fee that does not exceed the administrative costs
10 incurred authorizing the operation of the following upon a
11 highway:
12 (a) Traction engines or tractors having movable tracks with
13 transverse corrugations upon the periphery of those movable
14 tracks on farm tractors.
15 (b) Other farm machinery otherwise prohibited under this
16 chapter.
17 (c) A vehicle of a size or weight otherwise prohibited under
18 this chapter that is hauling farm machinery to or from a farm.
19 (4) A special permit shall specify the trip or trips and
20 date or dates for which it is valid and the jurisdictional
21 authority granting the special permit may restrict or prescribe
22 conditions of operation of a vehicle or vehicles, if necessary,
23 to protect the safety of the public or to ensure against undue
24 damage to the road foundations, surfaces, structures, or
25 installations, and may require a reasonable inspection fee and
26 other security as that jurisdictional authority determines
27 necessary to compensate for damages caused by the movement. A
1 special permit may be issued on an annual basis. Except as
2 otherwise provided in this section, the fee charged by the state
3 transportation department for an intrastate or an out-of-state
4 vehicle for a single trip shall be $50.00 and for multiple trips
5 or on an annual basis shall be $100.00. Except as otherwise
6 provided in this section, the fee charged by a jurisdictional
7 authority other than the state transportation department for an
8 intrastate or an out-of-state vehicle for a single trip shall be
9 not more than $50.00 and for multiple trips or on an annual basis
10 shall be not more than $100.00. Effective October 1, 1998, the
11 fee charged by a jurisdictional authority other than the state
12 transportation department for a special permit under this
13 subsection shall be the fee charged on September 30, 1997. The
14 fee charged by a jurisdictional authority other than the state
15 transportation department for a special permit under this
16 subsection may be increased above the amount charged on September
17 30, 1997 subject to the maximums allowed by this subsection
18 subject to a prior public hearing with reasonable notice.
19 However, the fee charged by a jurisdictional authority other than
20 the state transportation department for a special permit under
21 this subsection that is more than $50.00 for a single trip or
22 that is more than $100.00 for multiple trips or on an annual
23 basis, or both, on September 30, 1997 shall not be increased.
24 (5) The fee charged by the state transportation department
25 for an intrastate or an out-of-state vehicle or combination of
26 vehicles that exceed the maximum size specified in this chapter
27 but do not exceed the maximum weight or load specified in this
1 chapter or are otherwise not in conformity with this chapter
2 shall be $15.00 for a single trip and $30.00 for multiple trips
3 or on an annual basis. The fees charged under this subsection
4 may be increased not more than once each year based on the
5 percentage increase in the United States consumer price index for
6 all urban consumers for the immediately preceding 12-month period
7 rounded to the nearest whole dollar. This subsection takes
8 effect October 1, 1998.
9 (6) The fee charged by a jurisdictional authority other than
10 the state transportation department for an intrastate or an
11 out-of-state vehicle or combination of vehicles of a size
12 exceeding the maximum specified in this chapter but not exceeding
13 the maximum weight or load specified in this chapter shall not
14 exceed the administrative costs incurred by that jurisdictional
15 authority in issuing the permit. This subsection takes effect
16 October 1, 1998.
17 (7) A special permit issued under this section shall be
18 carried in the vehicle or combination of vehicles to which it
19 refers and shall be open to inspection by a police officer or
20 authorized agent of a jurisdictional authority granting the
21 special permit. A person
shall not violate any of the terms or
22 conditions of the special permit.
23 (8) A person who violates this section is responsible for a
24 civil infraction.
25 (9) A jurisdictional authority issuing a special permit to
26 move a mobile manufactured
home under this section and a person
27 who is issued a special
permit to move a mobile manufactured
1 home under this section are subject to section 719a.
2 (10) As used in this section, "jurisdictional authority"
3 means the state transportation department, a county road
4 commission, or a local authority having jurisdiction over a
5 highway upon which a vehicle is proposed to be moved pursuant to
6 a permit required under this section.
7 Sec. 801. (1) The secretary of state shall collect the
8 following taxes at the time of registering a vehicle, which shall
9 exempt the vehicle from all other state and local taxation,
10 except the fees and taxes provided by law to be paid by certain
11 carriers operating motor vehicles and trailers under the motor
12 carrier act, 1933 PA 254, MCL 475.1 to 479.43; the taxes imposed
13 by the motor carrier fuel tax act, 1980 PA 119, MCL 207.211 to
14 207.234; and except as otherwise provided by this act:
15 (a) For a motor vehicle, including a motor home, except as
16 otherwise provided, and a pickup truck or van that weighs not
17 more than 5,000 pounds, except as otherwise provided, according
18 to the following schedule of empty weights:
19 Empty weights Fee
20 0 to 3,000 pounds................................... $ 29.00
21 3,001 to 3,500 pounds............................... 32.00
22 3,501 to 4,000 pounds............................... 37.00
23 4,001 to 4,500 pounds............................... 43.00
24 4,501 to 5,000 pounds............................... 47.00
25 5,001 to 5,500 pounds............................... 52.00
26 5,501 to 6,000 pounds............................... 57.00
1 6,001 to 6,500 pounds............................... 62.00
2 6,501 to 7,000 pounds............................... 67.00
3 7,001 to 7,500 pounds............................... 71.00
4 7,501 to 8,000 pounds............................... 77.00
5 8,001 to 8,500 pounds............................... 81.00
6 8,501 to 9,000 pounds............................... 86.00
7 9,001 to 9,500 pounds............................... 91.00
8 9,501 to 10,000 pounds.............................. 95.00
9 over 10,000 pounds......................$ 0.90 per 100 pounds
10 of empty weight
11 On October 1, 1983, and October 1, 1984, the tax assessed
12 under this subdivision shall be annually revised for the
13 registrations expiring on the appropriate October 1 or after that
14 date by multiplying the tax assessed in the preceding fiscal year
15 times the personal income of Michigan for the preceding calendar
16 year divided by the personal income of Michigan for the calendar
17 year which preceded that calendar year. In performing the
18 calculations under this subdivision, the secretary of state shall
19 use the spring preliminary report of the United States department
20 of commerce or its
successor agency. A van which that is owned
21 by an individual who uses a wheelchair or by an individual who
22 transports a resident of his or her household who uses a
23 wheelchair and for which registration plates are issued pursuant
24 to section 803d shall be assessed at the rate of 50% of the tax
25 provided for in this subdivision.
26 (b) For a trailer coach attached to a motor vehicle, 76
27 cents per 100 pounds of empty weight of the trailer coach. A
1 trailer coach not under 1959 PA 243, MCL 125.1035 to 125.1043,
2 and while located on land otherwise assessable as real property
3 under the general property tax act, 1893 PA 206, MCL 211.1 to
4 211.157, if the trailer coach is used as a place of habitation,
5 and whether or not permanently affixed to the soil, shall not be
6 exempt from real property taxes.
7 (c) For a road tractor, truck, or truck tractor owned by a
8 farmer and used exclusively in connection with a farming
9 operation, including a farmer hauling livestock or farm equipment
10 for other farmers for remuneration in kind or in labor, but not
11 for money, or used for the transportation of the farmer and the
12 farmer's family, and not used for hire, 74 cents per 100 pounds
13 of empty weight of the road tractor, truck, or truck tractor. If
14 the road tractor, truck, or truck tractor owned by a farmer is
15 also used for a nonfarming operation, the farmer shall be subject
16 to the highest registration tax applicable to the nonfarm use of
17 the vehicle but shall not be subject to more than 1 tax rate
18 under this act.
19 (d) For a road tractor, truck, or truck tractor owned by a
20 wood harvester and used exclusively in connection with the wood
21 harvesting operations or a truck used exclusively to haul milk
22 from the farm to the first point of delivery, 74 cents per 100
23 pounds of empty weight of the road tractor, truck, or truck
24 tractor. A registration secured by payment of the fee as
25 prescribed in this subdivision shall continue in full force and
26 effect until the regular expiration date of the registration. As
27 used in this subdivision, "wood harvester" includes the person or
1 persons hauling and transporting raw materials in the form
2 produced at the harvest site. As used in this subdivision, "wood
3 harvesting operations" does not include the transportation of
4 processed lumber, Christmas trees, or processed firewood for a
5 profit making venture.
6 (e) For a hearse or ambulance used exclusively by a licensed
7 funeral director in the general conduct of the licensee's funeral
8 business, including a hearse or ambulance whose owner is engaged
9 in the business of leasing or renting the hearse or ambulance to
10 others, $1.17 per 100 pounds of the empty weight of the hearse or
11 ambulance.
12 (f) For a motor vehicle owned and operated by this state, a
13 state institution, a municipality, a privately incorporated,
14 nonprofit volunteer fire department, or a nonpublic, nonprofit
15 college or university, $5.00 per set; and for each motor vehicle
16 operating under municipal franchise, weighing less than 2,500
17 pounds, 65 cents per 100 pounds of the empty weight of the motor
18 vehicle, weighing from 2,500 to 4,000 pounds, 80 cents per 100
19 pounds of the empty weight of the motor vehicle, weighing 4,001
20 to 6,000 pounds, $1.00 per 100 pounds of the empty weight of the
21 motor vehicle, and weighing over 6,000 pounds, $1.25 per 100
22 pounds of the empty weight of the motor vehicle.
23 (g) For a bus including a station wagon, carryall, or
24 similarly constructed vehicle owned and operated by a nonprofit
25 parents' transportation corporation used for school purposes,
26 parochial school or society, church Sunday school, or any other
27 grammar school, or by a nonprofit youth organization or nonprofit
1 rehabilitation facility; or a motor vehicle owned and operated by
2 a senior citizen center, $10.00 per set, if the bus, station
3 wagon, carryall, or similarly constructed vehicle or motor
4 vehicle is designated by proper signs showing the organization
5 operating the vehicle.
6 (h) For a vehicle owned by a nonprofit organization and used
7 to transport equipment for providing dialysis treatment to
8 children at camp; for a vehicle owned by the civil air patrol, as
9 organized under sections 40301 to 40307 of title 36 of the United
10 States Code, 36 U.S.C. 40301 to 40307, $10.00 per plate, if the
11 vehicle is designated by a proper sign showing the civil air
12 patrol's name; for a vehicle owned and operated by a nonprofit
13 veterans center; for a vehicle owned and operated by a nonprofit
14 recycling center or a federally recognized nonprofit conservation
15 organization; for a motor vehicle having a truck chassis and a
16 locomotive or ship's body
which that is owned by a nonprofit
17 veterans organization and used exclusively in parades and civic
18 events; or for an emergency support vehicle used exclusively for
19 emergencies and owned and operated by a federally recognized
20 nonprofit charitable organization, $10.00 per plate.
21 (i) For each truck owned and operated free of charge by a
22 bona fide ecclesiastical or charitable corporation, or red cross,
23 girl scout, or boy scout organization, 65 cents per 100 pounds of
24 the empty weight of the truck.
25 (j) For each truck, weighing 8,000 pounds or less, and not
26 used to tow a vehicle, for each privately owned truck used to tow
27 a trailer for recreational purposes only and not involved in a
1 profit making venture, and for each vehicle designed and used to
2 tow a mobile manufactured
home or a trailer coach, except as
3 provided in subdivision (b), $38.00 or an amount computed
4 according to the following schedule of empty weights, whichever
5 is greater:
6 Empty weights Per 100 pounds
7 0 to 2,500 pounds................................... $ 1.40
8 2,501 to 4,000 pounds............................... 1.76
9 4,001 to 6,000 pounds............................... 2.20
10 6,001 to 8,000 pounds............................... 2.72
11 8,001 to 10,000 pounds.............................. 3.25
12 10,001 to 15,000 pounds............................. 3.77
13 15,001 pounds and over.............................. 4.39
14 If the tax required under subdivision (p) for a vehicle of
15 the same model year with the same list price as the vehicle for
16 which registration is sought under this subdivision is more than
17 the tax provided under the preceding provisions of this
18 subdivision for an identical vehicle, the tax required under this
19 subdivision shall not be less than the tax required under
20 subdivision (p) for a vehicle of the same model year with the
21 same list price.
22 (k) For each truck weighing 8,000 pounds or less towing a
23 trailer or any other combination of vehicles and for each truck
24 weighing 8,001 pounds or more, road tractor or truck tractor,
25 except as provided in subdivision (j) according to the following
26 schedule of elected gross weights:
1 Elected gross weight Fee
2 0 to 24,000 pounds..................................$ 491.00
3 24,001 to 26,000 pounds............................. 558.00
4 26,001 to 28,000 pounds............................. 558.00
5 28,001 to 32,000 pounds............................. 649.00
6 32,001 to 36,000 pounds............................. 744.00
7 36,001 to 42,000 pounds............................. 874.00
8 42,001 to 48,000 pounds............................. 1,005.00
9 48,001 to 54,000 pounds............................. 1,135.00
10 54,001 to 60,000 pounds............................. 1,268.00
11 60,001 to 66,000 pounds............................. 1,398.00
12 66,001 to 72,000 pounds............................. 1,529.00
13 72,001 to 80,000 pounds............................. 1,660.00
14 80,001 to 90,000 pounds............................. 1,793.00
15 90,001 to 100,000 pounds............................ 2,002.00
16 100,001 to 115,000 pounds........................... 2,223.00
17 115,001 to 130,000 pounds........................... 2,448.00
18 130,001 to 145,000 pounds........................... 2,670.00
19 145,001 to 160,000 pounds........................... 2,894.00
20 over 160,000 pounds................................. 3,117.00
21 For each commercial vehicle registered pursuant to this
22 subdivision $15.00 shall be deposited in a truck safety fund to
23 be expended for the purposes prescribed in section 25 of 1951
24 PA 51, MCL 247.675.
25 If a truck or road tractor without trailer is leased from an
26 individual owner-operator, the lessee, whether a person, firm, or
1 corporation, shall pay to the owner-operator 60% of the fee
2 prescribed in this subdivision for the truck tractor or road
3 tractor at the rate of 1/12 for each month of the lease or
4 arrangement in addition to the compensation the owner-operator is
5 entitled to for the rental of his or her equipment.
6 (l) For each pole trailer, semitrailer, or trailer, according
7 to the following schedule of empty weights:
8 Empty weights Fee
9 0 to 500 pounds..................................... $ 17.00
10 501 to 1,500 pounds................................. 24.00
11 1,501 pounds and over............................... 39.00
12 (m) For each commercial vehicle used for the transportation
13 of passengers for hire except for a vehicle for which a payment
14 is made pursuant to 1960 PA 2, MCL 257.971 to 257.972, according
15 to the following schedule of empty weights:
16 Empty weights Per 100 pounds
17 0 to 4,000 pounds................................... $ 1.76
18 4,001 to 6,000 pounds............................... 2.20
19 6,001 to 10,000 pounds.............................. 2.72
20 10,001 pounds and over.............................. 3.25
21 (n) For each motorcycle............................. $ 23.00
22 On October 1, 1983, and October 1, 1984, the tax assessed
23 under this subdivision shall be annually revised for the
24 registrations expiring on the appropriate October 1 or after that
1 date by multiplying the tax assessed in the preceding fiscal year
2 times the personal income of Michigan for the preceding calendar
3 year divided by the personal income of Michigan for the calendar
4 year which preceded that calendar year. In performing the
5 calculations under this subdivision, the secretary of state shall
6 use the spring preliminary report of the United States department
7 of commerce or its successor agency.
8 Beginning January 1, 1984, the registration tax for each
9 motorcycle shall be increased by $3.00. The $3.00 increase shall
10 not be considered as part of the tax assessed under this
11 subdivision for the purpose of the annual October 1 revisions but
12 shall be in addition to the tax assessed as a result of the
13 annual October 1 revisions. Beginning January 1, 1984, $3.00 of
14 each motorcycle fee shall be placed in a motorcycle safety fund
15 in the state treasury and shall be used only for funding the
16 motorcycle safety education program as provided for under
17 sections 312b and 811a.
18 (o) For each truck weighing 8,001 pounds or more, road
19 tractor, or truck tractor used exclusively as a moving van or
20 part of a moving van in transporting household furniture and
21 household effects or the equipment or those engaged in conducting
22 carnivals, at the rate of 80% of the schedule of elected gross
23 weights in subdivision (k) as modified by the operation of that
24 subdivision.
25 (p) After September 30, 1983, each motor vehicle of the 1984
26 or a subsequent model year as shown on the application required
27 under section 217 which
that has not been previously subject to
1 the tax rates of this
section and which that is of the motor
2 vehicle category otherwise subject to the tax schedule described
3 in subdivision (a), and each low-speed vehicle according to the
4 following schedule based upon registration periods of 12 months:
5 (i) Except as otherwise provided in this subdivision, for the
6 first registration ,
which that is not a transfer registration
7 under section 809 and for the first registration after a transfer
8 registration under section 809, according to the following
9 schedule based on the vehicle's list price:
10 List Price Tax
11 $ 0 - $ 6,000.00.................................... $ 30.00
12 More than $ 6,000.00 - $ 7,000.00................... $ 33.00
13 More than $ 7,000.00 - $ 8,000.00................... $ 38.00
14 More than $ 8,000.00 - $ 9,000.00................... $ 43.00
15 More than $ 9,000.00 - $ 10,000.00.................. $ 48.00
16 More than $ 10,000.00 - $ 11,000.00................. $ 53.00
17 More than $ 11,000.00 - $ 12,000.00................. $ 58.00
18 More than $ 12,000.00 - $ 13,000.00................. $ 63.00
19 More than $ 13,000.00 - $ 14,000.00................. $ 68.00
20 More than $ 14,000.00 - $ 15,000.00................. $ 73.00
21 More than $ 15,000.00 - $ 16,000.00................. $ 78.00
22 More than $ 16,000.00 - $ 17,000.00................. $ 83.00
23 More than $ 17,000.00 - $ 18,000.00................. $ 88.00
24 More than $ 18,000.00 - $ 19,000.00................. $ 93.00
25 More than $ 19,000.00 - $ 20,000.00................. $ 98.00
26 More than $ 20,000.00 - $ 21,000.00................. $ 103.00
1 More than $ 21,000.00 - $ 22,000.00................. $ 108.00
2 More than $ 22,000.00 - $ 23,000.00................. $ 113.00
3 More than $ 23,000.00 - $ 24,000.00................. $ 118.00
4 More than $ 24,000.00 - $ 25,000.00................. $ 123.00
5 More than $ 25,000.00 - $ 26,000.00................. $ 128.00
6 More than $ 26,000.00 - $ 27,000.00................. $ 133.00
7 More than $ 27,000.00 - $ 28,000.00................. $ 138.00
8 More than $ 28,000.00 - $ 29,000.00................. $ 143.00
9 More than $ 29,000.00 - $ 30,000.00................. $ 148.00
10 More than $30,000.00, the fee of $148.00 shall be increased
11 by $5.00 for each $1,000.00 increment or fraction of a $1,000.00
12 increment over $30,000.00. If a current fee increases or
13 decreases as a result of 1998 PA 384, only a vehicle purchased or
14 transferred after January 1, 1999 shall be assessed the increased
15 or decreased fee.
16 (ii) For the second registration, 90% of the tax assessed
17 under subparagraph (i).
18 (iii) For the third registration, 90% of the tax assessed
19 under subparagraph (ii).
20 (iv) For the fourth and subsequent registrations, 90% of the
21 tax assessed under subparagraph (iii).
22 For a vehicle of the 1984 or a subsequent model year that has
23 been previously registered by a person other than the person
24 applying for registration or for a vehicle of the 1984 or a
25 subsequent model year that has been previously registered in
26 another state or country and is registered for the first time in
27 this state, the tax under this subdivision shall be determined by
1 subtracting the model year of the vehicle from the calendar year
2 for which the registration is sought. If the result is zero or a
3 negative figure, the first registration tax shall be paid. If
4 the result is 1, 2, or 3 or more, then, respectively, the second,
5 third, or subsequent registration tax shall be paid. A van
6 which that is owned by an individual who uses a
wheelchair or
7 by an individual who transports a resident of his or her
8 household who uses a wheelchair and for which registration plates
9 are issued pursuant to section 803d shall be assessed at the rate
10 of 50% of the tax provided for in this subdivision.
11 (q) For a wrecker, $200.00.
12 (r) When the secretary of state computes a tax under this
13 section, a computation that does not result in a whole dollar
14 figure shall be rounded to the next lower whole dollar when the
15 computation results in a figure ending in 50 cents or less and
16 shall be rounded to the next higher whole dollar when the
17 computation results in a figure ending in 51 cents or more,
18 unless specific fees are specified, and the secretary of state
19 may accept the manufacturer's shipping weight of the vehicle
20 fully equipped for the use for which the registration application
21 is made. If the weight is not correctly stated or is not
22 satisfactory, the secretary of state shall determine the actual
23 weight. Each application for registration of a vehicle under
24 subdivisions (j) and (m) shall have attached to the application a
25 scale weight receipt of the vehicle fully equipped as of the time
26 the application is made. The scale weight receipt is not
27 necessary if there is presented with the application a
1 registration receipt of the previous year which shows on its face
2 the weight of the motor vehicle as registered with the secretary
3 of state and which is accompanied by a statement of the applicant
4 that there has not been a structural change in the motor vehicle
5 which has increased the weight and that the previous registered
6 weight is the true weight.
7 (2) A manufacturer is not exempted under this act from paying
8 ad valorem taxes on vehicles in stock or bond, except on the
9 specified number of motor vehicles registered. A dealer is
10 exempt from paying ad valorem taxes on vehicles in stock or
11 bond.
12 (3) The fee for a vehicle with an empty weight over 10,000
13 pounds imposed pursuant to subsection (1)(a) and the fees imposed
14 pursuant to subsection (1)(b), (c), (d), (e), (f), (i), (j), (m),
15 (o), and (p) shall each be increased by $5.00. This increase
16 shall be credited to the Michigan transportation fund and used to
17 defray the costs of processing the registrations under this
18 section.
19 (4) As used in this section:
20 (a) "Gross proceeds" means gross proceeds as defined in
21 section 1 of the general sales tax act, 1933 PA 167, MCL 205.51.
22 However, gross proceeds shall include the value of the motor
23 vehicle used as part payment of the purchase price as that value
24 is agreed to by the parties to the sale, as evidenced by the
25 signed agreement executed pursuant to section 251.
26 (b) "List price" means the manufacturer's suggested base list
27 price as published by the secretary of state, or the
1 manufacturer's suggested retail price as shown on the label
2 required to be affixed to the vehicle under section 3 of the
3 automobile information disclosure act, Public Law 85-506,
4 15 U.S.C. 1232, if the secretary of state has not at the time of
5 the sale of the vehicle published a manufacturer's suggested
6 retail price for that vehicle, or the purchase price of the
7 vehicle if the manufacturer's suggested base list price is
8 unavailable from the sources described in this subdivision.
9 (c) "Purchase price" means the gross proceeds received by the
10 seller in consideration of the sale of the motor vehicle being
11 registered.
12 Enacting section 1. This amendatory act does not take
13 effect unless Senate Bill No. 544
14 of the 92nd Legislature is enacted into
15 law.