§ 54-3. No proof of insurance.

(a)

Title. This section shall be known and may be referred to as the "City of Parchment No Proof of Insurance Ordinance."

(b)

Proof of insurance:

(1)

The owner of a motor vehicle who operates or permits the operation of the motor vehicle upon the streets and highways within the village limits or the operator of the motor vehicle shall produce, pursuant to subsection (2), upon the request of a police officer, evidence that the motor vehicle is insured under chapter 31 of Act No. 218 of the Public Acts of 1956, as amended, being sections 500.3101 to 500.3179 of the Michigan Compiled Laws. An owner or operator of a motor vehicle who fails to produce evidence under this subsection when requested to produce that evidence is responsible for a civil infraction.

(2)

A certificate of insurance, if issued by an insurance company, which certificate states that security which meets the requirements of section 3101 and 3102 of Act No. 218 of the Public Acts of 1956, as amended, being MCL sections 500.3101 and 500.3102, is in force shall be accepted as prima facie evidence that insurance is in force for the motor vehicle described in the certificate of insurance until the expiration date shown on the certificate. The certificate, in addition to describing the motor vehicles for which insurance is in effect, shall state the name of each person named on the policy, policy declaration, or a declaration certificate whose operation of the vehicle would cause the liability coverage of that insurance to become void.

(3)

If an owner of a motor vehicle is determined to be responsible for a violation of subsection (1), the court in which the civil infraction determination is entered may require the person to surrender his or her operator's or chauffeur's license unless proof that the vehicle has insurance meeting the requirements of section 3102 of Act No. 218 to the Public Acts of 1956, as amended, is submitted to the court. If the court requires the license to be surrendered, the court shall order the Secretary of State to suspend the person's license and shall forward the surrendered license and a certificate of civil infraction to the Secretary of State. Upon receipt of the certificate of civil infraction and the surrendered license, the Secretary of State shall suspend the person's license beginning with the date on which a person is determined to be responsible for the civil infraction for a period of 30 days or until proof of insurance which meets the requirements of section 3102 of Act No. 218 of the Public Acts of 1956, as amended, is submitted to the Secretary of State, whichever occurs later. If the license is not forwarded, an explanation of the reason why it is not forwarded shall be attached. A person who submits proof of insurance to the Secretary of State under this subsection shall pay a service fee of $10.00 to the Secretary of State. The person shall not be required to be examined as set forth in MCL 257.320(c).

(4)

An owner or operator of a motor vehicle who knowingly produces false evidence under this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

(5)

Points shall not be entered on a driver's record pursuant to MCL 257.320(a).

(6)

This section does not apply to the owner or operator of a motor vehicle that is registered in a state other than this state or a foreign country or province.

(7)

If a person has received a civil infraction citation for failure to produce evidence that a motor vehicle is insured under chapter 31 of the Insurance Code of 1956, Act No. 218 of the Public Acts of 1956, as amended, being sections 500.3101 to 500.3179 of the Michigan Compiled Laws, the court shall waive a civil fine and costs upon receipt of certification by a law enforcement agency that the defendant, before the appearance date on the citation, has produced evidence that the vehicle was insured on the date of issuance of the citation as required.

(8)

A default in the payment of a civil fine or costs ordered or an installment of the fine or costs may be collected by a means authorized for the enforcement of a judgment under chapter 40 of the Revised Judicature Act of 1961, Act No. 236 of the Public Acts of 1961, as amended, being sections 600.4001 to 600.4065 of the Michigan Compiled Laws, or under Chapter 60 of Act No. 236 of the Public Acts of 1961, as amended, being MCL sections 600.6001 to 600.6098.

(9)

If a person fails to comply with an order or judgment issued pursuant to this section, within the time prescribed by the court, the driver's license of that person shall be suspended pursuant to MCL 357.321(a) until full compliance with that order or judgment occurs. In addition to this suspension, the court may also proceed under MCL 257.708.

(10)

In addition to any fines and costs ordered to be paid under this section, the judge district court referee or district court magistrate shall levy an assessment of $5.00 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 levied to the state treasury to be deposited into the Michigan Justice Training Fund. An assessment levied under this subsection shall not be considered a civil fine for purposes of MCL 257.909.

(Ord. No. 156, 5-2-94)