Mich. Comp. Laws § 600.113 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.113
Definitions; provisions governing traffic or parking violation or municipal civil infraction action; determination by preponderance of evidence.
Status: in_force

Sec. 113.

(1) As used in this act:

(a) "Civil infraction" means an act or omission that is prohibited by a law and is not a crime under that law or that is prohibited by an ordinance, as defined in section 8701, and is not a crime under that ordinance, and for which civil sanctions may be ordered. Civil infraction includes, but is not limited to, the following:

( i ) A violation of the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, designated as a civil infraction.

( ii ) A violation of a city, township, or village ordinance substantially corresponding to a provision of the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, if the ordinance designates the violation as a civil infraction.

( iii ) A violation of an ordinance adopted under 1969 PA 235, MCL 257.941 to 257.943.

( iv ) A violation of a city, township, or village ordinance adopting the uniform traffic code promulgated under 1956 PA 62, MCL 257.951 to 257.955, if the uniform traffic code designates the violation as a civil infraction.

( v ) A violation of an ordinance adopted by the governing board of a state university or college under 1967 PA 291, MCL 390.891 to 390.893, if the ordinance designates the violation as a civil infraction.

( vi ) A violation of regulations adopted by a county board of commissioners under 1945 PA 58, MCL 46.201.

( vii ) A municipal civil infraction.

( viii ) A state civil infraction.

( ix ) A violation of the pupil transportation act, 1990 PA 187, MCL 257.1801 to 257.1877, designated as a civil infraction.

(b) "Civil infraction action" means a civil action in which the defendant is alleged to be responsible for a civil infraction.

(c) "Municipal civil infraction" means a civil infraction involving a violation of an ordinance, as defined in section 8701. Municipal civil infraction includes, but is not limited to, a trailway municipal civil infraction. Municipal civil infraction does not include a violation described in subdivision (a)( i ) to ( vi ) or ( ix ) or any act or omission that constitutes a crime under any of the following:

( i ) Article 7 of the public health code, 1978 PA 368, MCL 333.7101 to 333.7545.

( ii ) The Michigan penal code, 1931 PA 328, MCL 750.1 to 750.568.

( iii ) The Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

( iv ) The Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303.

( v ) Part 801 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80101 to 324.80199.

( vi ) The aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.1 to 259.208.

( vii ) Part 821 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82101 to 324.82161.

( viii ) Part 811 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81101 to 324.81151.

( ix ) The railroad code of 1993, 1993 PA 354, MCL 462.101 to 462.451.

( x ) Any law of this state under which the act or omission is punishable by imprisonment for more than 90 days.

(d) "Municipal civil infraction action" means a civil action in which the defendant is alleged to be responsible for a municipal civil infraction. Municipal civil infraction action includes, but is not limited to, a trailway municipal civil infraction action.

(e) "State civil infraction" means a civil infraction involving either of the following:

( i ) A violation of state law that is designated by statute as a state civil infraction.

( ii ) A violation of a city, township, village, or county ordinance that is designated by statute as a state civil infraction.

(f) "State civil infraction action" means a civil action in which the defendant is alleged to be responsible for a state civil infraction.

(g) "Trailway municipal civil infraction" means a municipal 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.

(h) "Trailway municipal civil infraction action" means a civil infraction action in which the defendant is alleged to be responsible for a trailway municipal civil infraction.

(2) Except as otherwise provided in this act:

(a) A civil infraction action involving a traffic or parking violation is governed by the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

(b) A municipal civil infraction action is governed by chapter 87.

(c) A state civil infraction action is governed by chapter 88.

(3) A determination that a defendant is responsible for a civil infraction and thus subject to civil sanctions shall be by a preponderance of the evidence.

History: Add. 1978, Act 511, Eff. Aug. 1, 1979; Am. 1994, Act 12, Eff. May 1, 1994; Am. 1995, Act 54, Eff. Jan. 1, 1996; Am. 1996, Act 79, Imd. Eff. Feb. 27, 1996; Am. 2020, Act 71, Imd. Eff. Apr. 2, 2020