(a) No owner or registrant of a motor vehicle, with respect to which security is required by MCLA 500.3101 et seq., shall operate the motor vehicle, or permit it to be operated, upon a highway or other place open to the general public, including an area designated for the parking of motor vehicles within the City, without having in full force and effect security complying with such statutes. Whoever violates this subsection is guilty of a misdemeanor.
(b) No person shall operate a motor vehicle upon a highway or other place open to the general public, including an area designated for the parking of motor vehicles within the City, with the knowledge that the owner or registrant of the motor vehicle does not have security in full force and effect as required by MCLA 500.3101 et seq.; MSA 24.13101 et seq. Whoever violates this subsection is guilty of a misdemeanor.
(c) The owner of a motor vehicle who operates or permits the operation of the motor vehicle upon the highways of the City, or the operator of the motor vehicle, shall produce, pursuant to subsection (b), upon the request of a police officer, evidence that the motor vehicle is insured under Chapter 31 of the Insurance Code of 1956, Act No. 218 of the Public Acts of 1956, 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 of insurance under this subsection when requested to produce that evidence or who fails to have motor vehicle insurance for the vehicle as required under Chapter 31 of Act No. 218 of the Public Acts of 1956, is responsible for a civil infraction.
(d) A certificate of insurance, if issued by an insurance company, which certificate states that security which meets the requirements of sections 3101 and 3102 of the Michigan Compiled Laws 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.
(e) If an owner or operator of a motor vehicle is determined to be responsible for a violation of subsection (c) hereof, 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 sections 3101 and 3102 of Act No. 218 of the Public Acts of 1956, is submitted to the court. If the person submits proof to the court that the vehicle has insurance meeting the requirements of sections 3101 and 3102 of Act No. 218 of the Public Acts of 1956, in addition to the civil fine and costs provided by Section 907 of the Michigan Motor Vehicle Code, being MCLA 257.907; MSA 9.2607, the court shall assess a fee of twenty-five dollars ($25.00). If the court requires the license to be surrendered, the court shall order the secretary of state to suspend the person's license. The court shall immediately destroy the license and shall forward to the secretary of state an abstract of the court record as required by Section 732 of the Michigan Motor Vehicle Code, being MCLA 257.732; MSA 9.2432. Upon receipt of the abstract, the secretary of state shall suspend the person's license beginning with the date on which such 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 3101 and 3102 of Act No. 218 of the Public Acts of 1956, is submitted to the secretary of state, whichever occurs later. A person who submits proof of insurance to the secretary of state under this subsection shall pay a service fee of twenty-five dollars ($25.00) to the secretary of state. The person shall not be required to be examined as set forth in Section 320c of the Michigan Motor Vehicle Code, being MCLA 257.320c; MSA 9.2020(3), and shall not be required to pay a replacement license fee.
(f) If an owner or operator of a motor vehicle is determined to be responsible for a violation of subsection (c), the court in which the civil infraction determination is entered shall notify the secretary of state of the vehicle registration number and the year and make of the motor vehicle being operated at the time of the violation. This notification shall be made on the abstract or on a form approved by the supreme administrator. Upon receipt, the secretary of state shall immediately enter this information in the records of the department. The secretary of state shall not renew, transfer, or replace the registration plate of the vehicle involved in the violation or allow the purchase of a new registration plate for the vehicle involved in the violation until the owner meets the requirements of Section 227a of the Michigan Motor Vehicle Code, being MCLA 257.227a; MSA 9.1927a, or unless the vehicle involved in the violation is transferred or sold to a person other than the owner's spouse, mother, father, sister, brother, or child.
(g) 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 ninety days, or a fine of not more than five hundred dollars ($500.00), or both.
(h) Points shall not be entered on a driver's record pursuant to Section 320a of the Michigan Motor Vehicle Code, being MCLA 257.320a; MSA 9.2020(1), for a violation of this section.
(i) 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 of province.
(Ord. 639. Passed 2-17-97.)