Glossary
A
•For purposes of MCL 257.252a, abandoned vehicle means “any of the following:
(a) A vehicle that has remained on private property without the consent of the owner.
(b) A vehicle that has remained on public property for a period of not less than 48 hours, or on a state trunk line highway as described in . . . MCL 247.651, as follows:
(i) If a valid registration plate is affixed to the vehicle, for a period of not less than 18 hours.
(ii) If a valid registration plate is not affixed to the vehicle.
(c) A vehicle, other than a late-model vehicle, to which all of the following apply:
(i) An insurance company has not acquired ownership of the vehicle under [MCL 257.217c].
(ii) The vehicle cannot be disposed of under [MCL 257.248c].
(iii) The vehicle has remained in the custody of a vehicle salvage pool or broker site without the consent of the vehicle salvage pool operator or the broker for a period of not less than 60 days.” MCL 257.252a(2).
•For purposes of the MVC, alcoholic liquor means “any liquid or compound, whether or not medicated, proprietary, patented, and by whatever name called, containing any amount of alcohol including any liquid or compound described in [MCL 436.1105].” MCL 257.1d.
•For purposes of MCL 257.625(6), MCL 267.625a(7)(c), and MCL 777.48, any bodily alcohol content means “either of the following:
(a) An alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning 5 years after the state treasurer publishes a certification under [MCL 257.625(28)], the person has an alcohol content of 0.02 grams or more but less than 0.10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(b) Any presence of alcohol within a person’s body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.” MCL 257.625(6); MCL 257.625a(7)(c).
•For purposes of MCL 436.1703, any bodily alcohol content means “either of the following:
(i) An alcohol content of 0.02 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(ii) Any presence of alcohol within a person’s body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.” MCL 436.1703(17)(a).
•For purposes of MCL 764.9c to MCL 764.9g, appearance ticket means “a complaint or written notice issued and subscribed by a police officer or other public servant authorized by law or ordinance to issue it directing a designated person to appear in a designated local criminal court at a designated future time in connection with his or her alleged commission of a designated violation or violations of state law or local ordinance.” MCL 764.9f(1).
•For purposes of MCL 257.320d, approved sponsor means “a sponsor of a basic driver improvement course that is approved by the secretary of state under [MCL 257.320d(12)] and whose approved status is not suspended or revoked under [MCL 257.320d(16)].” MCL 257.320d(18).
•For purposes of MCL 257.310e, authorized activity “means any of the following:
(a) A school or a school-sanctioned event or activity. For purposes of this subdivision, school means a public or private school, including a home school.
(b) A sporting event or activity, or extracurricular event or activity, that is not school-sanctioned but that is part of an official sports league or association or an official extracurricular club, or that is paid for as a service offered by a business specializing in those events or activities or training for those events or activities.
(c) A class or program of vocational instruction offered by a college, community college, nonprofit association, or unit of government or by a business specializing in vocational training.
(d) An event or activity sponsored by a religious organization that is tax-exempt under federal law.
(e) Transporting an individual in need of immediate emergency care or personal protection to a health care professional, hospital, police station, domestic violence shelter, or public safety location.” MCL 257.310e(15).
•For purposes of the MVC, authorized emergency vehicle means any one of the following:
“(a) Vehicles of the fire department, police vehicles, ambulances, privately owned motor vehicles of volunteer or paid fire fighters, or volunteer members of an emergency rescue unit if authorized by the chief of an organized fire department, a county sheriff, or the director of the department of state police, or privately owned motor vehicles of volunteer or paid members of a life support agency licensed by the department of licensing and regulatory affairs if authorized by the life support agency.
(b) For purposes of [MCL 257.698(5)(c)] during an emergency, a vehicle owned and operated by a federally recognized nonprofit charitable organization that is used exclusively for assistance during that emergency.
(c) For purposes of [MCL 257.653a], a road service vehicle giving a visual signal by means of a flashing, rotating, or oscillating red or amber light. As used in this subdivision,
‘road service vehicle’ means a vehicle that is clearly marked and readily recognizable as a vehicle used to assist disabled vehicles.” MCL 257.2(1).
•For purposes of the MVC, automated driving system means “hardware and software that are collectively capable of performing all aspects of the dynamic driving task for a vehicle on a part-time or full-time basis without any supervision by a human operator.” MCL 257.2b(1).
•For purposes of the MVC, automated motor vehicle means “a motor vehicle on which an automated driving system has been installed, either by a manufacturer of automated driving systems or an upfitter that enables the motor vehicle to be operated without any control or monitoring by a human operator. Automated motor vehicle does not include a motor vehicle enabled with 1 or more active safety systems or operator assistance systems, including, but not limited to, a system to provide electronic blind spot assistance, crash avoidance, emergency braking, parking assistance, adaptive cruise control, lane-keeping assistance, lane departure warning, or traffic jam and queuing assistance, unless 1 or more of these technologies alone or in combination with other systems enable the vehicle on which any active safety systems or operator assistance systems are installed to operate without any control or monitoring by an operator.” MCL 257.2b(2).
•For purposes of the MVC, automated technology “means technology installed on a motor vehicle that has the capability to assist, make decisions for, or replace a human operator.” MCL 257.2b(3).
B
•For purposes of the Michigan Vehicle Code, bicycle means “a device propelled by human power upon which a person may ride, having either 2 or 3 wheels in a tandem or tricycle arrangement, all of which are over 14 inches in diameter.” MCL 257.4.
C
•For purposes of the MVC, cancellation means “that a license or registration is annulled and terminated because of some error or defect or because the licensee or registrant is no longer entitled to such license or registration, but the cancellation of a license or registration is without prejudice and application for a new license or registration may be made at any time after such cancellation.” MCL 257.5a.
Certified drug recognition expert
•For purposes of MCL 257.43b, MCL 257.625r, and MCL 257.625t, certified drug recognition expert “means a law enforcement officer trained to recognize impairment in a driver under the influence of a controlled substance rather than, or in addition to, alcohol.” MCL 257.625t(6)(a). See also MCL 257.43b (defining certified drug recognition expert as the term is defined in MCL 257.625t); MCL 257.625r(1) (defining certified drug recognition expert as the term is defined in MCL 257.625t).
•For purposes of the MVC, chauffeur:
“(1) . . . means any of the following:
(a) A person who operates a motor vehicle as a motor carrier under the motor carrier act, . . . MCL 475.1 to [MCL] 479.42, or a motor carrier of passengers as defined in . . . MCL 474.103.[1]
(b) A person who is employed for the principal purpose of operating a motor vehicle with a GVWR of 10,000 pounds or more.
(c) A person who operates a bus or school bus.
(2) For purposes of subsection (1)(b), a person shall be considered to be employed for the principal purpose of operating a motor vehicle when the person’s employment customarily involves transporting for gain or hire any merchandise for display, sale, or delivery.
(3) ‘Chauffeur’ does not include any of the following:
(a) A farmer or an employee of a farmer operating a vehicle exclusively in connection with the farming operations of the farmer.
(b) A fire fighter or a member of a fire department operating an ambulance.
(c) Emergency medical services personnel operating an ambulance. As used in this subdivision, ‘emergency medical services personnel’ means that term as defined in . . . MCL 333.20904.
(d) State transportation department employees whose work consists of operating vehicles with a gross vehicle weight rating of 10,000 pounds or more for the purpose of transporting highway and bridge maintenance materials and supplies for all aspects of state trunkline maintenance, including winter maintenance and facilities maintenance.
(e) County road commission employees and other employees of local units of government who do not drive their own vehicles and whose work consists of hauling road building materials and supplies for the road commission or for other municipal purposes.
(f) A person operating a motor vehicle for a volunteer program who only receives reimbursement for the costs of operating the motor vehicle.
(g) A person who operates a motor home for personal pleasure.
(h) A parent or parent’s designee for the purpose of transporting pupils to or from school and school related events.
(i) A transportation network company driver.
(j) A limousine driver.
(k) A taxicab driver.” MCL 257.6.
•For purposes of the MVC, citation is defined as “a complaint or notice upon which a police officer shall record an occurrence involving 1 or more vehicle law violations by the person cited.” MCL 257.727c(1).
•For purposes of the MVC, civil infraction is defined as “an act or omission prohibited by law which is not a crime as defined in [MCL 750.5], and for which civil sanctions may be ordered.” MCL 257.6a.
•For purposes of the MVC, civil infraction action is defined as “a civil action in which the defendant is alleged to be responsible for a civil infraction.” MCL 257.741(1).
•The Michigan Administrative Rules define clear vision area as “land acquired or used by the agency having jurisdiction over a highway, for the purpose of maintaining unobstructed vision.” Michigan Administrative Rule 247.201(5).
•For purposes of the MVC, commercial motor vehicle means “a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if 1 or more of the following apply:
(a) It is designed to transport 16 or more passengers, including the driver.
(b) It has a gross vehicle weight rating or gross vehicle weight, whichever is greater, of 26,001 pounds or more.
(c) It has a gross combination weight rating or gross combination weight, whichever is greater, of 26,001 pounds or more, inclusive of towed units with a gross vehicle weight rating or gross vehicle weight, whichever is greater, of more than 10,000 pounds.
(d) A motor vehicle carrying hazardous material and on which is required to be posted a placard as defined and required under 49
•For purposes of the MVC, commercial quadricycle means “a vehicle that satisfies all of the following:
(a) The vehicle has fully operative pedals for propulsion entirely by human power.
(b) The vehicle has at least 4 wheels and is operated in a manner similar to a bicycle.
(c) The vehicle has at least 6 seats for passengers.
(d) The vehicle is designed to be occupied by a driver and powered either by passengers providing pedal power to the drive train of the vehicle or by a motor capable of propelling the vehicle in the absence of human power.
(e) The vehicle is used for commercial purposes.
(f) The vehicle is operated by the owner of the vehicle or an employee of the owner of the vehicle.” MCL 257.7b.
•For purposes of the Code of Criminal Procedure, complaint means “a written accusation, under oath or upon affirmation, that a felony, misdemeanor, or ordinance violation has been committed and that the person named or described in the accusation is guilty of the offense. MCL 761.1(c).
•For purposes of the MVC, controlled substance means “a controlled substance or controlled substance analogue as defined in [MCL 333.7104][.]” MCL 257.8b. MCL 333.7104(3) defines controlled substance as “a drug, substance, or immediate precursor included in schedules 1 to 5 of part 72[ of the Public Health Code].”
•For purposes of MCL 257.43b, MCL 257.625c, and MCL 257.625t, controlled substance means “that term as defined in . . . MCL 333.7104.” MCL 257.43b; MCL 257.625c(4)(a); MCL 257.625t(6)(b). MCL 333.7104(3) defines controlled substance as “a drug, substance, or immediate precursor included in schedules 1 to 5 of part 72[ of the Public Health Code].”
•For purposes of the MVC, conviction means “any of the following:
(a) A final conviction, the payment of a fine, a plea or guilty or nolo contendere if accepted by the court, or a finding of guilt for a criminal law violation or a juvenile adjudication, probate court disposition, or juvenile disposition for a violation that if committed by an adult would be a crime, regardless of whether the penalty is rebated or suspended.
(b) A conviction defined in federal law under 49 CFR 383.5, regarding the operation of a commercial motor vehicle or the operation of a noncommercial motor vehicle operated by a person licensed to operate a commercial motor vehicle.” MCL 257.8a.
•For purposes of Chapter 10C of the Revised Judicature Act of 1961, co-occurring disorder “means having 1 or more disorders relating to the use of alcohol or other controlled substances of abuse as well as any serious mental illness, serious emotional disturbance, or developmental disability. A diagnosis of co-occurring disorders occurs when at least 1 disorder of each type can be established independent of the other and is not simply a cluster of symptoms resulting from 1 disorder.” MCL 600.1099b(a).
•For purposes of the MVC, county jail “shall be construed to mean the county jail of any county where the violation of any of the provisions of [the MVC] occur.” MCL 257.9.
•For purposes of MCL 257.628(1), county road commission “means the board of county road commissioners elected or appointed under [MCL 224.6], or, in the case of a charter county with a population of 1,500,000 or more with an elected county executive that does not have a board of county road commissioners, the county executive.” MCL 257.628(1).
•For purposes of the Michigan Court Rules, court records “are defined by MCR 8.119 and [MCR 1.109(A)]. Court records are recorded information of any kind that has been created by the court or filed with the court in accordance with Michigan Court Rules. Court records may be created using any means and may be maintained in any medium authorized by [the Michigan Court Rules] provided those records comply with other provisions of law and [the Michigan Court Rules].” MCR 1.109(A)(1).
D
•For purposes of MCR 1.109(A)(1), in which the term court records is defined, data “refers to any information entered in the case management system that is not ordinarily reduced to a document but that is still recorded information, and any data entered into or created by the statewide electronic-filing system.” MCR 1.109(A)(1)(b)(iii).
•“[A] proceeding concerning an offense by a juvenile, as defined in MCR 3.903(B)(3).” MCR 3.903(A)(5).
•For purposes of the MVC, department means “the department of state.” MCL 257.12.
•For purposes of MCL 769.31 and MCL 769.34, departure “means a sentence imposed that is not within the appropriate minimum sentence range established under the sentencing guidelines set forth in [MCL 777.1 et seq.].” MCL 769.31(a).
•For purposes of Chapter 10C of the Revised Judicature Act of 1961, developmental disability “means that term as defined in . . . [MCL 330.1100a].” MCL 600.1099b(c).
•For purposes of sections MCL 257.675, MCL 257.803d, and MCL 257.803h of the MVC, disabled person means “a person who is determined by a physician, a physician assistant, a physical therapist, or an optometrist as specifically provided in [MCL 257.675, MCL 257.803d, or MCL 257.803h, respectively,] licensed to practice in [Michigan] 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.” MCL 257.675(22); MCL 257.803d(2); MCL 257.803h(3).
Disabled person or person with disabilities
•Generally,3 for purposes of the MVC, disabled person or person with disabilities means “a person who is determined by a physician, a physician assistant, or an optometrist as specifically provided in [MCL 257.19a] licensed to practice in [Michigan] 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.” MCL 257.19a.
•For purposes of the MVC, distressed vehicle means “a vehicle that has a major component part that has been wrecked, destroyed, damaged, stolen, or missing to the extent that the total estimated cost of repairs to rebuild or reconstruct the vehicle, including parts and labor, is equal to or exceeds 75% of the actual cash value of the vehicle in its predamaged condition. The estimated costs of the repair parts shall be determined by using the current published retail cost of original manufacturer equipment parts or an estimate of the actual cost of the repair parts. The estimated labor costs shall be computed by using the hourly rate and time allocations which are reasonable and commonly assessed in the repair industry in the community where the repairs are performed. For the purposes of [MCL 257.12a], ‘actual cash value’ means the retail dollar value of a vehicle as determined by an objective vehicle evaluation using local market resources such as dealers or want ads or by an independent vehicle evaluation or appraisal service or by a current issue of a nationally recognized used vehicle guide for financial institution appraisal purposes in [Michigan].” MCL 257.12a.
•For purposes of MCR 1.109(A)(1), in which the term court records is defined, documents “include, but are not limited to, pleadings, orders, and judgments.” MCR 1.109(A)(1)(a)(i).
•For purposes of MCL 257.626a, drag race “means the operation of 2 or more vehicles from a point side by side at accelerating speeds in a competitive attempt to out-distance each other over a common selected course or where timing is involved or where timing devices are used in competitive accelerations of speeds by participating vehicles.” MCL 257.626a(4).
•For purposes of the MVC, driver means “every person who drives or is in actual physical control of a vehicle.” MCL 257.13.
•For purposes of MCL 600.1084, DWI/sobriety court “means the specialized court docket and programs established within judicial circuits and districts throughout this state that are designed to reduce recidivism among alcohol offenders and that comply with the 10 guiding principles of DWI courts as promulgated by the National Center for DWI Courts.” MCL 600.1084(9)(a).
E
•For purposes of the Michigan Vehicle Code, electric bicycle “means a device upon which an individual may ride that satisfies all of the following:
(a) The device is equipped with all of the following:
(i) A seat or saddle for use by the rider.
(ii) Fully operable pedals for human propulsion.
(iii) An electric motor of not greater than 750 watts.
(b) The device falls within 1 of the following categories:
(i) Class 1 electric bicycle. As used in this subparagraph, ‘class 1 electric bicycle’ means an electric bicycle that is equipped with an electric motor that provides assistance only when the rider is pedaling and that disengages or ceases to function when the electric bicycle reaches a speed of 20 miles per hour.
(ii) Class 2 electric bicycle. As used in this subparagraph, ‘class 2 electric bicycle’ means an electric bicycle that is equipped with a motor that propels the electric bicycle to a speed of no more than 20 miles per hour, whether the rider is pedaling or not, and that disengages or ceases to function when the brakes are applied.
(iii) Class 3 electric bicycle. As used in this subparagraph, ‘class 3 electric bicycle’ means an electric bicycle that is equipped with a motor that provides assistance only when the rider is pedaling and that disengages or ceases to function when the electric bicycle reaches a speed of 28 miles per hour.” MCL 257.13e.
•For purposes of the Michigan Vehicle Code, electric skateboard “means a wheeled device that has a floorboard designed to be stood upon when riding that is no more than 60 inches long and 18 inches wide, is designed to transport only 1 person at a time, has an electrical propulsion system with power of no more than 2,500 watts, and has a maximum speed on a paved level surface of not more than 25 miles per hour. An electric skateboard may have handlebars and, in addition to having an electrical propulsion system with power of no more than 2,500 watts, may be designed to also be powered by human propulsion.” MCL 257.13f.
•For purposes of MCL 257.601b, emergency scene means “a traffic accident, a serious incident caused by weather conditions, or another occurrence along a highway or street for which a police officer, firefighter, or emergency medical personnel are summoned to aid an injured victim.” MCL 257.601b(5)(a).
F
•For purposes of MCL 750.223(3)(a), felony is “a violation of a law of [Michigan], or of another state, or of the United States that is punishable by imprisonment for 4 years or more.” MCL 750.223(3)(a).
•For purposes of MCL 750.224f, a felony is “a violation of a law of [Michigan], or of another state, or of the United States that is punishable by imprisonment for a term exceeding 1 year, or an attempt to violate such a law.” MCL 750.224f(10)(b).
•For purposes of the Code of Criminal Procedure, felony “means a violation of a penal law of [Michigan] for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.” MCL 761.1(f).
Felony in which a motor vehicle was used
•For purposes of MCL 257.303, MCL 257.319, and MCL 257.732, a felony in which a motor vehicle was used “means a felony during the commission of which the individual operated a motor vehicle and while operating the vehicle presented real or potential harm to individuals or property and 1 or more of the following circumstances existed: (a) The vehicle was used as an instrument of the felony. (b) The vehicle was used to transport a victim of the felony. (c) The vehicle was used to flee the scene of the felony. (d) The vehicle was necessary for the commission of the felony.” MCL 257.303(7); MCL 257.319(2)(c);4 MCL 257.732(6).
G
•For purposes of MCL 257.624a, glove compartment means “a recess with a hinged and locking door in the dashboard of a motor vehicle.” MCL 257.624a(6)(a).
•For purposes of MCL 257.657a, golf cart “means a vehicle designed for transportation while playing the game of golf.” MCL 257.657a(21).
•For purposes of MCL 257.618a(6), gross negligence means that term as it is defined by MCL 257.606a. MCL 257.618a(6). MCL 257.606a(2) defines gross negligence as “conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.”
H
•For purposes of the MVC, highway means “the entire width between [] boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.” MCL 257.20; MCL 257.64.
•For purposes of MCL 257.628b, historic snowmobile “means that term as defined in [MCL 324.82101].” MCL 257.628b(4)(a).
•For purposes of MCL 257.627(7), hospital highway zone “means a portion of state trunk line highway maintained by the state transportation department that has a posted speed limit of at least 50 miles per hour and has 2 or fewer lanes for travel in the same direction, traverses along property owned by a hospital, contains an ingress and egress point from hospital property, and extends not more than 1,000 feet beyond the boundary lines of hospital property in both directions in a municipality.” MCL 257.627(7).
•For purposes of MCL 257.602b, hold means “to physically support with any part of the hands, arms, or shoulders.” MCL 257.602b(12)(a).
I
•For purposes of the MVC and MCL 600.1084, ignition interlock device means “an alcohol concentration measuring device that prevents a motor vehicle from being started at any time without first determining through a deep lung sample the operator’s alcohol level, calibrated so that the motor vehicle cannot be started if the breath alcohol level of the operator, as measured by the test, reaches a level of 0.025 grams per 210 liters of breath, and to which all of the following apply:
(a) The device meets or exceeds the model specifications for breath alcohol ignition interlock devices (BAIID), 78 FR 26849 - 26867 (May 8, 2013) or any subsequent model specifications.
(b) The device utilizes alcohol-specific electrochemical fuel sensor technology.
(c) As its anticircumvention method, the device installation uses a positive-negative-positive air pressure test requirement, a midtest hum tone requirement, or any other anticircumvention method or technology that first becomes commercially available after July 31, 2007 and that is approved by the department as equally or more effective.” MCL 257.20d; MCL 600.1084(9)(b).
•For purposes of the MVC, implement of husbandry means “a vehicle or trailer in use for the exclusive function of serving agricultural, horticultural, or livestock operations” and “includes a farm tractor, self-propelled application-type vehicle, farm wagon, farm trailer, a vehicle or trailer adapted for lifting or carrying another implement of husbandry being used in agricultural production, or any substantially similar equipment used to transport products necessary for agricultural production.” MCL 257.21.
•For purposes of MCL 257.625 and MCL 257.625c, intoxicating substance means “any substance, preparation, or a combination of substances and preparations other than alcohol or a controlled substance, that is either of the following:
(i) Recognized as a drug in any of the following publications or their supplements:
(A) The official United States pharmacopoeia.
(B) The official homeopathic pharmacopoeia of the United States.
(C) The official national formulary.
(ii) A substance, other than food, taken into a person’s body, including, but not limited to, vapors or fumes, that is used in a manner or for a purpose for which it was not intended, and that may result in a condition of intoxication.” MCL 257.625(25)(a). See also MCL 257.625c(4)(b).
J
•For purposes of the MVC, judgment means “any judgment which shall become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance, or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement of settlement for such damages.” MCL 257.23.
•For purposes of the Juvenile Code, MCL 712A.1 et seq., until September 30, 2021, a juvenile is “a person who is less than 17 years of age who is the subject of a delinquency petition. Beginning October 1, 2021, ‘juvenile’ means a person who is less than 18 years of age who is the subject of a delinquency petition.” MCL 712A.1(1)(i).
•For purposes of Chapter 10C of the Revised Judicature Act of 1961, juvenile mental health court “means all of the following:
(i) A court-supervised treatment program for juveniles who are diagnosed by a mental health professional with having a serious emotional disturbance, co-occurring disorder, or developmental disability.
(ii) Programs designed to adhere to the 7 common characteristics of a juvenile mental health court as described under [MCL 600.1099c(3)].
(iii) Programs designed to adhere to the 10 essential elements of a mental health court promulgated by the Bureau of Justice Assistance, or amended, that include all of the following characteristics:
(A) A broad-based group of stakeholders representing the criminal justice system, the juvenile justice system, the mental health system, the substance abuse treatment system, any related systems, and the community guide the planning and administration of the court.
(B) Eligibility criteria that address public safety and a community’s treatment capacity, in addition to the availability of alternatives to pretrial detention for juveniles with mental illnesses, and that take into account the relationship between mental illness and a juvenile’s offenses, while allowing the individual circumstances of each case to be considered.
(C) Participants are identified, referred, and accepted into mental health courts, and then linked to community-based service providers as quickly as possible.
(D) Terms of participation are clear, promote public safety, facilitate the juvenile’s engagement in treatment, are individualized to correspond to the level of risk that each juvenile presents to the community, and provide for positive legal outcomes for those individuals who successfully complete the program.
(E) In accordance with the Michigan indigent defense commission act, [MCL 780.981–MCL 780.1003], provide legal counsel to juvenile respondents to explain program requirements, including voluntary participation, and guide juveniles in decisions about program involvement. Procedures exist in the juvenile mental health court to address, in a timely fashion, concerns about a juvenile’s competency whenever they arise.
(F) Connect participants to comprehensive and individualized treatment supports and services in the community and strive to use, and increase the availability of, treatment and services that are evidence based.
(G) Health and legal information are shared in a manner that protects potential participants’ confidentiality rights as mental health consumers and their constitutional rights. Information gathered as part of the participants’ court-ordered treatment program or services is safeguarded from public disclosure in the event that participants are returned to traditional court processing.
(H) A team of criminal justice, if applicable, juvenile justice, and mental health staff and treatment providers receives special, ongoing training and assists mental health court participants to achieve treatment and criminal and juvenile justice goals by regularly reviewing and revising the court process.
(I) Criminal and juvenile justice and mental health staff collaboratively monitor participants’ adherence to court conditions, offer individualized graduated incentives and sanctions, and modify treatment as necessary to promote public safety and participants’ recovery.
(J) Data are collected and analyzed to demonstrate the impact of the juvenile mental heath court, its performance is assessed periodically, procedures are modified accordingly, court processes are institutionalized, and support for the court in the community is cultivated and expanded.” MCL 600.1099b(e).
L
•For the purposes of MCL 257.682, law enforcement agency “means any of the following: [AH: JUST FYI, I WILL MOST OFTEN PLACE THE QUOTATION MARKS EXACTLY WHERE THE QUOTATION BEGINS UNLESS IT MAKES FOR LANGUAGE THAT LOOKS TOO AWKWARD.]
(i) The department of state police.
(ii) The county sheriff’s office.
(iii) The police department of a local unit of government.
(iv) Any other governmental law enforcement agency in [Michigan].” MCL 257.682(5)(a).
•For purposes of the MVC, law of another state means “a law or ordinance enacted by another state or by a local unit of government in another state.” MCL 257.24c.
•For purposes of the MVC, leased vehicle means “a motor vehicle for which a person is granted possession for a contracted period of time and in return for a contracted sum.” MCL 257.24a.
•For purposes of MCL 257.675b, leased vehicle owner means “a person in the business of renting or leasing leased vehicles or an affiliate of the person, if the person or the affiliate is the registered owner of a standing or parked leased vehicle involved in a violation of a local ordinance or state statute.” MCL 257.675b(4)(b).
•For purposes of the MVC, license means “any driving privileges, license, temporary instruction permit, commercial learner’s permit, or temporary license issued under the laws of [Michigan] pertaining to the licensing of persons to operate motor vehicles.” MCL 257.25.
•For purposes of the Michigan Vehicle Code, limousine “means that term as defined in [MCL 257.2102].” MCL 257.25c. MCL 257.2102(d) provides that limousine “means a self-propelled motor vehicle used in the carrying of passengers and the baggage of the passengers for hire with a seating capacity of 8 passengers or fewer, including the driver. Limousine does not include a commercial vehicle. Limousine also does not include a vehicle operated by any of the following:
(i) A county, city, township, or village as provided by law, or other authority incorporated under 1963 PA 55, MCL 124.351 to [MCL] 124.359.
(ii) An authority incorporated under the metropolitan transportation authorities act of 1967, 1967 PA 204, MCL 124.401 to [MCL] 124.426, or that operates a transportation service pursuant to an interlocal agreement under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to [MCL] 124.512.
(iii) Operating under a contract entered into under 1967 (Ex Sess) PA 8, MCL 124.531 to [MCL] 124.536, or 1951 PA 35, MCL 124.1 to [MCL] 124.13.
(iv) An authority incorporated under the public transportation authority act, 1986 PA 196, MCL 124.451 to [MCL] 124.479, or a nonprofit corporation organized under the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to [MCL] 450.3192, that provides transportation services.
(v) An authority financing public improvements to transportation systems under the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to [MCL] 141.140.
(vi) A person that is only operating limousines to provide the transportation of passengers for funerals.
(vii) An employer that is only using the vehicle, or on whose behalf the vehicle is being used, to transport its employees to and from their place of employment.”
•For purposes of the Michigan Vehicle Code, limousine driver “means that term as defined in [MCL 257.2102].” MCL 257.25d. MCL 257.2102(f) provides that limousine driver “means an individual who uses a limousine to provide transportation services to potential passengers.”
•For the purposes of MCL 257.682, local unit of government “means a state university or college or a county, city, village, or township.” MCL 257.682(5)(b).
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•For purposes of the MVC, manufacturer means “a person, firm, corporation or association engaged in the manufacture of new motor vehicles, trailers or trailer coaches or semi-trailers, as a regular business.” MCL 257.28.
Manufacturer of automated driving systems
•For purposes of the MVC, manufacturer of automated technology means “a manufacturer or subcomponent system producer recognized by the secretary of state that develops or produces automated driving systems or automated vehicles.”MCL 257.2b(10).
•For purposes of Chapter 10C of the Revised Judicature Act of 1961, mental health professional “means an individual who is trained and experienced in the area of mental illness or developmental disabilities and who is 1 of the following:
(i) A physician.
(ii) A psychologist.
(iii) A registered professional nurse licensed or otherwise authorized to engage in the practice of nursing under part 172 of the public health code, . . . MCL 333.17201 to [MCL] 333.17242].
(iv) A licensed master’s social worker licensed or otherwise authorized to engage in the practice of social work at the mater’s level under part 185 of the public health code, . . . MCL 333.18501 to [MCL] 333.18518.
(v) A licensed professional counselor licensed or otherwise authorized to engage in the practice of counseling under part 181 of the public health code, . . . MCL 333.18101 to [MCL] 333.18117.
(vi) A marriage and family therapist licensed or otherwise authorized to engage in the practice of marriage and family therapy under part 169 of the public health code, . . . MCL 333.16901 to [MCL] 333.16915.” MCL 600.1099b(f).
•For purposes of MCL 257.304(4)(xi), minor child “means an individual who is less than 18 years of age.” MCL 257.304(4)(xi).
•For purposes of the Code of Criminal Procedure, misdemeanor “means a violation of a penal law of [Michigan] that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine.” MCL 761.1(n).
•For purposes of MCL 257.602b, mobile electronic device means “an electronic device that is not permanently installed in a motor vehicle, including, but not limited to, a device capable of text messaging, voice communication, entertainment, navigation, accessing the internet, or producing email. Mobile electronic device does not include either of the following:
(i) A radio designed for the Citizens Band Service or the Amateur Radio Service of the Federal Communications Commission or a commercial 2-way radio communications device or equipment permanently installed in a motor vehicle.
(ii) A medical device that is designed to be worn, including, but not limited to, an insulin pump.” MCL 257.602b(12)(b).
•For purposes of MCL 257.627, mobile home park is defined in MCL 125.2302. See MCL 257.627(2)(a). MCL 125.2302(j) defines mobile home park as “a parcel or tract of land under the control of a person upon which 3 or more mobile homes are located on a continual, nonrecreational basis and which is offered to the public for that purpose regardless of whether a charge is made for the parcel or tract of land, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the occupancy of a mobile home.”
•For purposes of the MVC, a motor vehicle “means every vehicle that is self-propelled, but for purposes of [MCL 257.401 et seq.], motor vehicle does not include industrial equipment such as a forklift, a front-end loader, or other construction equipment that is not subject to registration under [the MVC]. Motor vehicle does not include a power-driven mobility device when that power-driven mobility device is being used by an individual with a mobility disability. Motor vehicle does not include an electric patrol vehicle being operated in compliance with the electric patrol vehicle act, 1997 PA 55, MCL 257.1571 to [MCL] 257.1577. Motor vehicle does not include an electric personal assistive mobility device. Motor vehicle does not include an electric carriage. Motor vehicle does not include a commercial quadricycle. Motor vehicle does not include an electric bicycle. Motor vehicle does not include an electric skateboard.” MCL 257.33.
•For purposes of the MVC, motor vehicle manufacturer “means a person that has manufactured and distributed motor vehicles in the United States that are certified to comply with all applicable federal motor vehicle safety standards and that has submitted appropriate manufacturer identification information to the National Highway Traffic Safety Administration as provided in 49 CFR part 566.” MCL 257.2b(12).
•As used in MCL 257.2b, MCL 257.665a, and MCL 257.665b only, motor vehicle manufacturer “also includes a person that satisfies all of the following:
(a) Has manufactured automated motor vehicles in the United States that are certified to comply with all applicable federal motor vehicle safety standards.
(b) Has operated automated motor vehicles using a test driver and with an automated driving system engaged on public roads in the United States for at least 1,000,000 miles.
(c) Has obtained an instrument of insurance, surety bond, or proof of self-insurance in the amount of at least $10,000,000.00, and has provided evidence of that insurance, surety bond, or self-insurance to the department in a form and manner required by the department.” MCL 257.2b(12).
•For purposes of MCL 257.601b and MCL 257.601c, moving violation means “an act or omission prohibited under [the MVC] or a local ordinance substantially corresponding to [the Michigan Vehicle Code] that occurs while a person is operating a motor vehicle, and for which the person is subject to a fine.” MCL 257.601b(5)(b); MCL 257.601c(3).
•For purposes of MCL 257.601d and MCL 257.907, moving violation means “an act or omission prohibited under [the MVC] or a local ordinance substantially corresponding to [the MVC] that involves the operation of a motor vehicle, and for which a fine may be assessed.” MCL 257.601d(4); MCL 257.907(16).
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Nonresident operating privilege
•For purposes of the MVC, nonresident operating privilege means “the privilege conferred upon a nonresident by the laws of [Michigan] pertaining to the operation by him [or her] of a motor vehicle, or the use of a motor vehicle owned by him [or her], in [Michigan].” MCL 257.35.
O
•“[A]n act that violates a criminal statute, a criminal ordinance, a traffic law, or a provision of MCL 712A.2(a) or (d).” MCR 3.903(B)(3).
On-demand automated motor vehicle network
•For purposes of the MVC, on-demand automated motor vehicle network “means a digital network or software application used to connect passengers to automated motor vehicles, not including commercial motor vehicles, in participating fleets for transportation between points chosen by passengers, for transportation between locations chosen by the passenger when the automated motor vehicle is operated by the automated driving system.” MCL 257.2b(13).
•For purposes of the MVC, other on-track equipment “means any car, rolling stock, or other device that, alone or coupled to another device, is operated on stationary rails.” MCL 257.36c.
•For purposes of the MVC, operate or operating means:
“1 or more of the following:
“(a) Being in actual physical control of a vehicle. [MCL 257.35a(a)] applies regardless of whether or not the person is licensed under [the MVC] as an operator or chauffeur.
(b) Causing an automated motor vehicle to move under its own power in automatic mode upon a highway or street regardless of whether the person is physically present in that automated motor vehicle at that time. [MCL 257.35a(b)] applies regardless of whether the person is licensed under [the MVC] as an operator or chauffeur.” MCL 257.35a.
•For purposes of MCL 257.602b, operate means “to drive or assume physical control of a motor vehicle on a public way, street, road, or highway, including operation while temporarily stationary because of traffic, road conditions, a traffic light, or a stop sign. Operate does not include a motor vehicle that is lawfully parked.” MCL 257.602b(12)(c).
•For purposes of MCL 257.625, operating while intoxicated means “any of the following:
(a) The person is under the influence of alcoholic liquor, a controlled substance, or other intoxicating substance or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.
(b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning 5 years after the state treasurer publishes a certification under [MCL 257.625(28)], the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(c) The person has an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.” MCL 257.625(1).
Operating while intoxicated offense
•For purposes of MCL 764.9c, operating while intoxicated offense “means a violation of any of the following:
(i) . . . MCL 257.625 [or MCL] 257.625m.
(ii) A local ordinance substantially corresponding to a violation listed in [MCL 764.9c(9)(b)(i)].
(iii) A law of an Indian tribe substantially corresponding to a violation listed in [MCL 764.9c(9)(b)(i)].
(iv) A law of another state substantially corresponding to a violation listed in [MCL 764.9c(9)(b)(i)].
(v) A law of the United States substantially corresponding to a violation listed in [MCL 764.9c(9)(b)(i)].” MCL 764.9c(9)(b).
•For purposes of the MVC, operator means “a person, other than a chauffeur, who does either of the following:
(a) Operates a motor vehicle upon an highway or street.
(b) Operates an automated motor vehicle upon a highway or street.” MCL 257.36.
Other licensed or certified substance use disorder professional
•For purposes of MCL 257.625b(5), other licensed or certified substance use disorder professional “means an individual or organization licensed or credentialed in [Michigan] to treat substance use disorders, including individuals certified by the Michigan certification board for addiction professionals and individuals who have training in providing assessments for alcohol dependency.” MCL 257.625b(5).
•For purposes of the MVC, owner means any of the following:
“(a) Any person, firm, association, or corporation renting a motor vehicle or having the exclusive use thereof, under a lease or otherwise, for a period that is greater than 30 days.
(b) Except as otherwise provided in [MCL 257.401a], a person who holds the legal title of a vehicle.
(c) A person who has the immediate right of possession of a vehicle under an installment sale contract.” MCL 257.37.
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•For purposes of the MVC, parking means “standing a vehicle, whether occupied or not, upon a highway, when not loading or unloading except when making necessary repairs.” MCL 257.38.
•For purposes of the MVC, parking violation notice means “a notice, other than a citation, directing a person to appear at a parking violations bureau in the city, village, or township in which, or of the college or university for which, the notice is issued and to pay the fine and costs, if any, prescribed by ordinance for the parking or standing of a motor vehicle in violation of the ordinance.” MCL 257.742(9)(a).
•For purposes of MCR 4.101(F)(4), participant is defined in MCR 2.407(A)(1). MCR 2.407(A)(1) states that participants “include, but are not limited to, parties, counsel, and subpoenaed witnesses, but do not include the general public.”
•For purposes of Chapter 10C of the Revised Judicature Act of 1961, participant “means a juvenile who is admitted into a juvenile mental health court.” MCL 600.1099b(g).
•For purposes of the MVC, participating fleet “means any of the following:
(a) Vehicles that are equipped with automated driving systems that are operating on the public roads and highways of [Michigan] in a SAVE project as provided in [MCL 257.665b].
(b) Vehicles that are supplied or controlled by a motor vehicle manufacturer, and that are equipped with automated driving systems that are operating on the public roads and highways of [Michigan] in an on-demand automated motor vehicle network.” MCL 257.2b(14).
•For purposes of the MVC, passenger area means “the area designated to seat the operator and passengers of a motor vehicle while it is in operation and any area that is readily accessible to the operator or a passenger while in his or her seating position, including the glove compartment.” MCL 257.624a(6)(b).
•For purposes of the MVC, pedestrian means “any person afoot. Pedestrian includes an individual with a mobility disability who is using a power-driven mobility device.” MCL 257.39.
•For purposes of the MVC, person means “very natural person, firm, copartnership, association, or corporation and their legal successors.” MCL 257.40.
•For purposes of the Michigan Vehicle Code, personal vehicle “means that term as defined in [MCL 257.2102].” MCL 257.40c. MCL 257.2102(h) provides that personal vehicle “means a motor vehicle with a seating capacity of 8 passengers or fewer, including the driver, that is used by a transportation network company driver that satisfies both of the following:
(i) The vehicle is owned, leased, or otherwise authorized for use by the transportation network company driver.
(ii) The vehicle is not a taxicab, limousine, or commercial vehicle.”
Portable signal preemption device
•For purposes of MCL 257.616a, portable signal preemption device “means a device that, if activated by a person, is capable of changing a traffic control signal to green out of sequence.” MCL 257.616a(5)(a).
•For purposes of the MVC, power-driven mobility device “means a mobility device powered by a battery, fuel, or other engine and used by an individual with a mobility disability for the purpose of locomotion. Notwithstanding any other provisions of [the MVC], the requirements of [the MVC] apply to a power-driven mobility device while that device is being operated on a street, road, or highway in this state.” MCL 257.43c.
Preliminary chemical breath analysis
•For purposes of the MVC, preliminary chemical breath analysis “means the on-site taking of a preliminary breath test from the breath of a person for the purpose of detecting the presence of any of the following within the person’s body:
(a) Alcoholic liquor.
(b) A controlled substance, as that term is defined in . . . MCL 333.7104.
(c) Any other intoxicating substance, as that term is defined in [MCL 257.625].
(d) Any combination of the substances listed in subdivisions (a) to (c).” MCL 257.43a.
Preliminary oral fluid analysis
•For purposes of the MVC, preliminary oral fluid analysis “means the on-site taking of a preliminary oral fluid test, performed by a certified drug recognition expert . . . from the oral fluid of a person for the purpose of detecting the presence of a controlled substance . . . .” MCL 257.43b.
•For purposes of MCL 257.625, prior conviction means “a conviction for any of the following, whether under a law of [Michigan], a local ordinance substantially corresponding to a law of [Michigan], a law of the United States substantially corresponding to a law of [Michigan], or a law of another state substantially corresponding to a law of [Michigan], subject to [MCL 257.625(27)5]:
(i) Except as provided in [MCL 257.625(26)6], a violation or attempted violation of any of the following:
(A) [MCL 257.625], except a violation of [MCL 257.625(2)], or a violation of any prior enactment of [MCL 257.625] in which the defendant operated a vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content.
(B) [MCL 257.625m].
(C) Former [MCL 257.625b].
(ii) Negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes.
(iii) [MCL 257.601d] or [MCL 257.626(3) or MCL 257.626(4)].” MCL 257.625(25)(b).
•For purposes of MCL 257.904d, prior conviction means:
(a) Subject to [MCL 257.904d(9) and MCL 257.904d(10)], ‘prior conviction’ means a conviction for any of the following, whether under a law of [Michigan], a local ordinance substantially corresponding to a law of [Michigan], or a law of another state substantially corresponding to a law of [Michigan]:
(i) Except as otherwise provided in [MCL 257.904d(10)], a violation or attempted violation of any of the following:
(A) [MCL 257.625], except a violation of [MCL 257.625(2)], or a violation of any prior enactment of [MCL 257.625] in which the defendant operated a vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content.
(B) [MCL 257.625m].
(C) Former [MCL 257.625b].
(ii) Negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes.
(iii) Beginning October 31, 2010, a violation of [MCL 257.601d] or [MCL 257.626(3) or MCL 257.626(4)].” MCL 257.904d(8)(a).
“If 2 or more convictions described in [MCL 257.904d(8)(a)] are convictions for violations arising out of the same incident, only 1 conviction shall be used to determine whether the person has a prior conviction.” MCL 257.904d(9).
“Only 1 violation or attempted violation of [MCL 257.625(6)], a local ordinance substantially corresponding to [MCL 257.625(6)], or a law of another state substantially corresponding to [MCL 257.625(6)] may be used as a prior conviction.” MCL 257.904d(10).
•For purposes of MCL 436.1703, prior judgment “means a conviction, juvenile adjudication, finding of responsibility, or admission of responsibility for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States that substantially corresponds to a law of this state, or a law of another state that substantially corresponds to a law of this state:
(i) [MCL 436.17037] or [MCL 436.1701] or [MCL 436.1707].
(ii) . . . MCL 257.624a, [MCL] 257.624b, [or MCL] 257.625.
(iii) . . . MCL 324.80176, [MCL] 324.81134, [or MCL] 324.82127.
(iv) . . . MCL 750.167a [or MCL] 750.237.” MCL 436.1703(17)(d).
•For purposes of MCL 600.1084, program “means the specialty court interlock program created under [MCL 600.1084].” MCL 600.1084(9)(c).
•For purposes of the MVC, prosecuting attorney, “except as the context otherwise requires, means the attorney general, the prosecuting attorney of a county, or the attorney representing a local unit of government.” MCL 257.45a.
•For purposes of MCL 257.625b(5), provider “means an individual with prescribing authority under the public health code, . . . MCL 333.1101 to [MCL] 333.25211, who regularly communicates with the treatment team during the defendant’s recovery and who has training or experience that demonstrates the provider’s ability to treat and manage patients with alcohol dependency.” MCL 257.625b(5).
•For purposes of MCL 257.698(5)(j), public transit vehicle means “a motor vehicle, other than a station wagon or passenger van, with a gross vehicle weight rating of more than 10,000 pounds.” MCL 257.698(5)(j).
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•For purposes of MCL 257.252a(1), record of sale means “either a photocopy of the reassigned title or a form or document that includes the name, address, driver license number, and signature of the person to whom the vehicle is sold and the purchase price and date of sale of the vehicle.” MCL 257.240(2)(b).
•For purposes of the MVC, registration means “a registration certificate, plate, adhesive tab, or other indicator of registration issued under [the MVC] for display on a vehicle.” MCL 257.50.
•For purposes of the MVC, resident means “every person who resides in [Michigan] and establishes that he or she is legally present in the United States. This definition applies to the provisions of [the MVC] only.” MCL 257.51a.
•For purposes of the MVC, revocation means “that the operator’s or chauffeur’s license and privilege to operate a motor vehicle on the public highways are terminated and shall not be renewed or restored until the later of the following:
(a) The expiration of not less than 1 year after the license was revoked.
(b) The expiration of not less than 5 years after the date of a subsequent revocation occurring within 7 years after the date of a prior revocation.” MCL 257.52(1).
•For purposes of the MVC, roadway means “that portion of a highway improved, designed, or ordinarily used for vehicular travel. In the event a highway includes 2 or more separate roadways, the term ‘roadway[,]’[] as used herein, shall refer to any such roadway separately, but not to all such roadways collectively.” MCL 257.55.
S
•For purposes of the MVC, SAVE project “means an initiative that authorizes eligible motor vehicle manufacturers to make available to the public on-demand automated motor vehicle networks as provided in [MCL 257.665b].” MCL 257.2b(15).
•For the purposes of MCL 257.682, school “means either a public school or a nonpublic school, or both.” MCL 257.682(5)(c); MCL 257.1805.
•For purposes of MCL 257.601b, school bus zone means “the area lying within 20 feet of a school bus that has stopped and is displaying 2 alternately flashing red lights at the same level, except as described in [MCL 257.682(2)8].” MCL 257.601b(5)(c).
•For purposes of MCL 257.601b, school zone is “that term as defined in [MCL 257.627a].” MCL 257.601b(5)(d).
•For purposes of MCL 257.627a, school zone means “school property on which a school building is located and the adjacent property. A school zone extends not more than 1,000 feet from the school property line in any direction. If 2 or more schools occupy the same property or adjacent properties, 1 of the following applies, as applicable:
(i) If the hours of instruction at the schools are the same, then a single combined school zone shall be established.
(ii) If the hours of instruction at the schools are different, overlapping school zones shall be established.” MCL 257.627a(1)(c).
•For purposes of the MVC, secretary of state means “the secretary of state of [Michigan], acting directly or through his [or her] duly authorized deputy, investigators, agents and employees.” MCL 257.58.
•For purposes of the MVC, security interest means that term “as defined in the uniform commercial code . . . [MCL 440.1101 et seq.].” MCL 257.58b.
•For purposes of the Driver Education Provider and Instructor Act, segment 1 means “a teen driver education course that meets the requirements in [MCL 256.657].” MCL 256.627(f).
•For purposes of the Driver Education Provider and Instructor Act, segment 2 means “a teen driver education course that meets the requirements in [MCL 256.659].” MCL 256.627(g).
•For purposes of Chapter 10C of the Revised Judicature Act of 1961, serious emotional disturbance “means that term as defined in . . . [MCL 330.1100d].” MCL 600.1099b(h).
•For purposes of Chapter 10C of the Revised Judicature Act of 1961, serious mental illness “means that term as defined in . . . [MCL 330.1100d].” MCL 600.1099b(i).
Serious impairment of a body function
•For purposes the MVC, serious impairment of a body function “includes, but is not limited to, one or more of the following:
(a) Loss of a limb or loss of use of a limb.
(b) Loss of a foot, hand, finger, or thumb or loss of use of a foot, hand, finger, or thumb.
(c) Loss of an eye or ear or loss of use of an eye or ear.
(d) Loss or substantial impairment of a bodily function.
(e) Serious visible disfigurement.
(f) A comatose state that lasts for more than 3 days.
(g) Measurable brain or mental impairment.
(h) A skull fracture or other serious bone fracture.
(i) Subdural hemorrhage or subdural hematoma.
(j) Loss of an organ.” MCL 257.58c.
•For purposes of MCL 750.479a, serious impairment of a body function “includes, but is not limited to, 1 or more of the following:
(a) Loss of a limb or loss of use of a limb.
(b) Loss of a foot, hand, finger, or thumb or loss of use of a foot, hand, finger, or thumb.
(c) Loss of an eye or ear or loss of use of an eye or ear.
(d) Loss or substantial impairment of a bodily function.
(e) Serious visible disfigurement.
(f) A comatose state that lasts for more than 3 days.
(g) Measurable brain or mental impairment.
(h) A skull fracture or other serious bone fracture.
(i) Subdural hemorrhage or subdural hematoma.
(j) Loss of an organ.” MCL 257.58c; MCL 750.479a(9)(b).
•For purposes of MCL 769.5, serious misdemeanor “means that term as defined in . . . MCL 780.811.” MCL 769.5(7).
Serious offense involving a motor vehicle
•For purposes of MCL 257.321a, serious offense involving a motor vehicle “means a felony or misdemeanor punishable by at least 93 days in jail, during the commission of which the individual operated a motor vehicle in a manner that presented real or potential harm to a person or property and 1 or more of the following circumstances apply to the offense:
(a) The motor vehicle was used as an instrument of the offense.
(b) The motor vehicle was used to transport a victim of the offense.
(c) The motor vehicle was used to flee the scene of the offense.
(d) The motor vehicle was necessary for the commission of the offense.” MCL 257.321a(10).
•For purposes of MCL 257.628b, snowmobile “means a vehicle that meets all of the following requirements:
(i) Is engine-driven.
(ii) Has an endless belt tread.
(iii) Was originally manufactured solely for operation over snow.
(iv) Is steered by 2 sled-type runners or skis that are in contact with the snow and the distance between the centers of the spindles of which is, except for a historic snowmobile, not more than 48 inches.” MCL 257.628b(4)(b).
•For purposes of MCL 257.643b, snowplow “means a vehicle that is all of the following:
(a) Operating on behalf of this state, a county, a county road commission, or a municipality.
(b) Actively engaging in snow and ice removal, snowplowing, salting, or sanding.
(c) Operating lights as described in [MCL 257.698(5)(d)].” MCL 257.643b(5).
•For purposes of MCL 257.602b, social networking site means “any web-based service that allows individuals to construct a profile within a founded system and communicate with other users of the site for social or amusement purposes.” MCL 257.602b(12)(d).
•For purposes of MCL 600.1084, specialty court “means any of the following:
(i) A drug treatment court.
(ii) A DWI/sobriety court.
(iii) A hybrid of the programs under [MCL 600.1084(9)(d)(i)-(ii)].
(iv) A mental health court, as that term is defined in [MCL 600.1090].
(v) A veterans treatment court, as that term is defined in [MCL 600.1200]. MCL 600.1084(9)(d).
Specialty court program (or specialty court)
•For purposes of the Michigan Vehicle Code, specialty court program (or specialty court) “means any of the following:
(i) A drug treatment court, as that term is defined in . . . MCL 600.1060, in which the participant is an adult.
(ii) A DWI/sobriety court, as that term is defined in . . . MCL 600.1084.
(iii) A hybrid of the programs under [MCL 257.83(a)(i)-(a)(ii)].
(iv) A mental health court, as that term is defined in . . . MCL 600.1090.
(v) A veterans treatment court, as that term is defined in . . . MCL 600.1200.” MCL 257.83(a).
Specialty court interlock program
•For purposes of the Michigan Vehicle Code, specialty court interlock program “means a program as that term is defined in . . . [MCL 600.1084].” MCL 257.83(b).
Standardized field sobriety test
•For purposes of the MVC, standardized field sobriety test “means 1 of the standardized tests validated by the National Highway Traffic Safety Administration. A field sobriety test is considered a standardized field sobriety test under [MCL 257.62a] if it is administered in substantial compliance with the standards prescribed by the National Highway Traffic Safety Administration.” MCL 257.62a.
•For purposes of the MVC, state means “any state, territory, or possession of the United States, Indian country as defined in 18 USC 1151, the District of Columbia, the Dominion of Canada, or any province or territory of the Dominion of Canada.” MCL 257.65.
•For the purposes MCL 257.682, stop-arm camera system “means a system of 2 or more cameras affixed to a school bus that meets all of the following requirements:
(a) Is synchronized to automatically record video or 1 or more sequenced photographs of a vehicle failing to stop for a school bus or passing a school bus in violation of [MCL 257.682].
(b) Is capable of capturing images of all of the following:
(i) The vehicle.
(ii) The registration plate on the rear of the vehicle.
(iii) A distance of not less than 200 feet in front of the school bus.
(c) Records the date, time, and location on an image produced by the system.” MCL 257.682(5)(d); MCL 257.1820(3).
•For purposes of the MVC, street means “the entire width between . . . boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.” MCL 257.20; MCL 257.64.
•For purposes of the MVC, streetcar “means a car other than a railroad train for transporting persons or property operated on stationary rails, including a streetcar operated as part of a street railway system.” MCL 257.63.
•For purposes of the MVC, streetcar track “means a stationary rail owned by a street railway that is part of a street railway system.” MCL 257.63a.
•For purposes of the MVC, street railway “means that term as defined [in] . . . MCL 125.4507.” MCL 257.64a.
•For purposes of the MVC, street railway system “means that term as defined [in] . . . MCL 125.4507.” MCL 257.64b.
•For purposes of the MVC, suspension means “that the driver’s license and privilege to drive a motor vehicle on the public highways are temporarily withdrawn but only during the period of the suspension.” MCL 257.66.
T
•For purposes of the Michigan Vehicle Code, taxicab “means that term as defined in [MCL 257.2102].” MCL 257.67c. MCL 257.2102(i) provides that taxicab “means a motor vehicle with a seating capacity of 8 passengers or fewer, including the driver, that is equipped with a roof light and that carries passengers for a fee usually determined by the distance traveled. Taxicab does not include a commercial vehicle.”
•For purposes of the Michigan Vehicle Code, taxicab driver “means that term as defined in [MCL 257.2102].” MCL 257.67d. MCL 257.2102(k) provides that taxicab driver “means an individual who uses a taxicab to provide transportation services to potential passengers.”
•For purposes of the MVC, traffic control device means “all signs, signals, markings, and devices not inconsistent with [the Michigan Vehicle Code] placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.” MCL 257.70.
•For purposes of MCL 750.377d, traffic control device “means a sign, signal, electronic traffic control sign or signal, marking, light post, railroad sign or signal, or device not inconsistent with the [MVC], placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic, maintaining highway safety, or providing information to motor vehicle operators.” MCL 750.377d(3).
•For purposes of MCL 762.11, traffic offense “means a violation of [the MVC], or a violation of a local ordinance substantially corresponding to [the MVC], that involves the operation of a vehicle and, at the time of the violation, is a felony or a misdemeanor.” MCL 762.11(7)(b).
Trailway municipal civil infraction
•For purposes of the Revised Judicature Act, trailway municipal civil infraction “means a civil infraction involving the operation of a vehicle on a recreational trailway at a time, in a place, or in a manner prohibited by ordinance.” MCL 600.113(1)(g).
Transportation network company
•For purposes of the Michigan Vehicle Code, transportation network company “means that term as defined in [MCL 257.2102].” MCL 257.76a. MCL 257.2102(l) provides that transportation network company “means a person operating in [Michigan] that uses a digital network to connect transportation network company riders to transportation network company drivers who provide transportation network company prearranged rides. Transportation network company does not include a taxi service, transportation service arranged through a transportation broker, ridesharing arrangement, or transportation service using fixed routes at regular intervals.”
Transportation network company digital network
•For purposes of the Michigan Vehicle Code, digital network “means that term as defined in [MCL 257.2102].” MCL 257.12c. Although MCL 257.2102 does not define digital network, MCL 257.2102(m) defines transportation network company digital network to mean “an online-enabled application, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers.”
Transportation network company driver
•For purposes of the Michigan Vehicle Code, transportation network company driver “means that term as defined in [MCL 257.2102].” MCL 257.76b. MCL 257.2102(n) provides that transportation network company driver “means an individual who satisfies all of the following:
(i) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company.
(ii) Uses a personal vehicle to offer or provide transportation network company prearranged rides to transportation network company riders upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee.”
Transportation network company prearranged ride
•For purposes of the Michigan Vehicle Code, transportation network company prearranged ride “means that term as defined in [MCL 257.2102].” MCL 257.76c. MCL 257.2102(o) provides that transportation network company prearranged ride “means the provision of transportation by a transportation network company driver to a transportation network company rider, beginning when a transportation network company driver accepts a ride requested by a transportation network company rider through a digital network controlled by a transportation network company, continuing while the transportation network company driver transports the requesting transportation network company rider, and ending when the last requesting transportation network company rider departs from the personal vehicle. Transportation network company prearranged ride does not include a shared-expense carpooling or vanpooling arrangement or transportation provided using a taxicab, limousine, or other vehicle.”
Transportation network company rider
•For purposes of the Michigan Vehicle Code, transportation network company rider “means that term as defined in [MCL 257.2102].” MCL 257.76d. MCL 257.2102(p) provides that transportation network company rider “means an individual who uses a transportation network company’s digital network to connect with a transportation network company driver who provides a transportation network company prearranged ride to the transportation network company rider in the transportation network company driver’s personal vehicle between points chosen by the transportation network company rider.”
U
•For purposes of the MVC, upfitter “means a person that modifies a motor vehicle after it was manufactured by installing an automated driving system in that motor vehicle to convert it to an automated motor vehicle. Upfitter includes a subcomponent system producer recognized by the secretary of state that develops or produces automated driving systems.” MCL 257.2b(16).
•For purposes of MCL 257.602c(1), and in addition to the requirements of MCL 257.602b, use means “to initiate a call, answer a call, or listen to or engage in verbal communication through the cellular telephone.” MCL 257.602c(1).
Use a mobile electronic device
•For purposes of MCL 257.602b other than MCL 257.602b(2), use a mobile electronic device means “using a mobile electronic device to do any task, including, but not limited to, any of the following:
(i) Send or receive a telephone call.
(ii) Send, receive, or read a text message.
(iii) View, record, or transmit a video.
(iv) Access, read, or post to a social networking site.” MCL 257.602b(13).
•For purposes of MCL 257.602b(2), use a mobile electronic device means “1 or more of the following:
(a) using a mobile electronic device to do any task, including, but not limited to, any of the following:
(i) Send or receive a telephone call.
(ii) Send, receive, or read a text message.
(iii) View, record, or transmit a video.
(iv) Access, read, or post to a social networking site.
(b) Reaching for a mobile electronic device in a manner that requires a driver to maneuver so that the driver is no longer in a seated driving position, restrained by a seat belt that is installed as required by 49 CFR 393.93 and adjusted in accordance with the vehicle manufacturer’s instructions.” MCL 257.602b(2).
V
•For purposes of the MVC, vehicle means “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks and except, only for the purpose of titling and registration under [the MVC], a mobile home as defined in [MCL 125.2302].” MCL 257.79.
•For purposes of MCL 257.904d, vehicle immobilization means “requiring the motor vehicle involved in the violation immobilized in a manner provided in [MCL 257.904e].” MCL 257.904d(8)(b).
•For purposes of MCL 257.627, vehicular access point means “a driveway or intersecting roadway.” MCL 257.627(18)(b).
•For purposes of Subchapter 2.400 of the Michigan Court Rules, videoconferencing “means the use of an interactive technology, including a remote digital platform, that sends video, voice, and/or data signals over a transmission circuit so that two or more individuals or groups can communicate with each other simultaneously using video codecs, monitors, cameras, audio microphones, and audio speakers. It includes use of a remote video platform through an audio-only option.” MCR 2.407(A)(2).
W
•For purposes of the MVC, work zone means “a portion of a street or highway that meets any of the following:
(a) Is between a ‘work zone begins’ sign and an ‘end road work’ sign.
(b) For construction, maintenance, or utility work activities conducted by a work crew and more than 1 moving vehicle, is between a ‘begin work convoy’ sign and an ‘end work convoy’ sign,
(c) For construction, maintenance, surveying, or utility work activities conducted by a work crew and 1 moving or stationary vehicle exhibiting a rotating beacon or strobe light, is between the following points:
(i) A point that is 150 feet behind the rear of the vehicle or that is the point from which the beacon or strobe light is first visible on the street or highway behind the vehicle, whichever is closer to the vehicle.
(ii) A point that is 150 feet in front of the front of the vehicle or that is the point from which the beacon or strobe light is first visible on the street or highway in front of the vehicle, whichever is closer to the vehicle.” MCL 257.79d.