§ 36-328. Evidence of vehicle insurance; production on request of police officer.

(a)

The owner of a motor vehicle who operates or permits the operation of the motor vehicle within the city or the operator of the motor vehicle shall produce, pursuant to subsection (b) of this section, upon the request of a public safety officer, evidence that the motor vehicle is insured under Public Act No. 218 of 1956 (MCL 500.3101 to 500.3179). 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.

(b)

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 Public Act No. 218 of 1956 (MCL 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 vehicle for which insurance is in effect, shall state the name of each person named on the policy, policy declaration, or declaration certificate whose operation of the vehicle would cause the liability coverage of that insurance to become void.

(c)

If an owner of a motor vehicle is determined to be responsible for a violation of subsection (a) of this section, the court in which the civil infraction is entered may require the person to surrender his operator's or chauffeur's license unless proof that the vehicle has insurance meeting the requirements of sections 3101 and 3102 of Public Act No. 218 (MCL 500.3101 and 500.3102) is submitted to the court. If the court requires the license to be surrendered, 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 Vehicle Code (MCL 257.732).

(d)

If, before the appearance date on the citation, the person submits proof to the court that the motor vehicle had insurance meeting the requirements of sections 3101 and 3102 of the Insurance Code of 1956, Public Act No. 218 of (MCL 500.3101 and 500.3102), at the time the violation of subsection (a) of this section occurred, all of the following apply:

(1)

The court shall not assess a fine or costs.

(2)

The court shall not cause an abstract of the court record to be forwarded to the secretary of state.

(3)

The court may assess a fee of not more than $25.00, which shall be paid to the court funding unit.

(e)

An owner or operator of a motor vehicle who knowingly produces false evidence under this section is guilty of a misdemeanor.

(f)

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.

(g)

A nonresident owner or registrant of a motor vehicle or motorcycle not registered in this state shall not operate or permit the motor vehicle or motorcycle to be operated in this state for an aggregate of more than 30 days in any calendar year unless he continuously maintains security for the payment of benefits pursuant to this article.

(h)

An owner or registrant of a motor vehicle or motorcycle with respect to which security is required, who operates the motor vehicle or motorcycle or permits it to be operated upon a public highway in this state, without having in full force and effect security complying with this section or section 3101 or 3103 of the insurance code of the state (MCL 500.3101 or 500.3103) is guilty of a misdemeanor. A person who operates a motor vehicle or motorcycle upon a public highway in this state, with the knowledge that the owner or registrant does not have security in full force and effect, is guilty of a misdemeanor. A person convicted of a misdemeanor under this section shall be fined not less than $200.00 or more than $500.00, imprisoned for not more than 90 days, or both.

(Code 1988, § 10.328; Ord. No. 434, § 1, 8-15-2000; Amd. of 6-11-2008, § 10.328)