reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Public Safety Officers Benefit Program › Section R. 28.14955 - Evidence

Current through Vol. 24-12, July 15, 2024
Rule 5
(1) A
				claimant for a benefit under the act shall submit evidence of eligibility or
				other material facts as specified in these rules. The commission may require at
				any time additional evidence to be submitted with regard to entitlement, the
				right to receive payment, the amount to be paid, or any other material
				issue.
(2) If a claimant for a
				benefit under the act and these rules has not submitted evidence or has
				submitted insufficient evidence of any material issue or fact, then the
				commission shall inform the claimant what evidence is necessary for a
				determination and shall request the claimant to submit evidence within a
				specified reasonable amount of time. The claimant's failure to submit evidence
				on a material issue or fact as requested by the commission shall be a basis for
				determining that the claimant fails to satisfy the conditions required to award
				a benefit.
(3) If a copy of a
				record, document, or other evidence, or an excerpt of information, is
				acceptable as evidence in lieu of the original, then the copy or excerpt shall
				be certified as a true and exact copy or excerpt by the official custodian of
				the record, or other public official authorized to certify the copy.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Public Safety Officers Benefit Program › Section R. 28.14956 - Findings of state, local, and federal agencies; determination

Current through Vol. 24-12, July 15, 2024
Rule 6
(1) The
				commission shall give substantial weight to the evidence and findings of fact
				from state, local, and federal administrative and investigative agencies. The
				commission shall request additional assistance or conduct its own investigation
				when it believes that the existing evidence does not provide the commission
				with a rational basis for a decision on a material element of
				eligibility.
(2) If an
				investigation of a claim does not result in a conclusive eligibility
				determination, then the commission may wait for and rely upon the eligibility
				determination of the United States department of justice on the claimant's
				federal application under
				42
				U.S.C. §
										3796 and
				28 C.F.R. §
										32.1 to §
									32.24
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Public Safety Officers Benefit Program › Section R. 28.14957 - Heart attack or stroke

Current through Vol. 24-12, July 15, 2024
Rule 7
(1) If a
				public safety officer dies as the direct and proximate result of a heart attack
				or stroke, the officer shall be presumed to have died as the direct and
				proximate result of a personal injury sustained in the line of duty, if the
				following apply:
(a) The officer, while on
				duty, did either of the following:
(i) Engaged
				in a situation involving nonroutine stressful or strenuous physical law
				enforcement, fire suppression, rescue, hazardous material response, emergency
				medical services, prison security, disaster relief, or other emergency response
				activity.
(ii) Participated in a
				training exercise that involved nonroutine stressful or strenuous physical
				activity.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Public Safety Officers Benefit Program › Section R. 28.14958 - Death or permanent and total disability; intent

Current through Vol. 24-12, July 15, 2024
Rule 8. The commission shall consider at least all of the
				  following factors in determining whether the officer intended to bring about
				  the officer's own death or injury:
(a)
				Whether the death or permanent and total disability was caused by insanity,
				through an uncontrollable impulse or without conscious volition to produce
				death or injury.
(b) Whether the
				officer had a prior history of attempted suicide or attempts to cause physical
				incapacitation.
(c) Whether the
				officer's intent to bring about his or her death or injury was a substantial
				factor in the officer's death or permanent and total disability.
(d) The existence of an intervening force or
				action which would have independently caused the officer's death or permanent
				and total disability and which would not otherwise prohibit payment of a
				benefit under the act.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Public Safety Officers Benefit Program › Section R. 28.14959 - Voluntary intoxication

Current through Vol. 24-12, July 15, 2024
Rule 9 The commission shall apply the following evidentiary
				  factors in cases in which voluntary intoxication is at issue in an officer's
				  death or permanent and total disability.
(a) The primary factor in determining
				intoxication at the time the injury occurred, from which death or permanent and
				total disability resulted, is the blood alcohol level, including a postmortem
				blood alcohol level in the case of a death.
(b) A benefit shall be denied if a deceased
				or permanently and totally disabled public safety officer had a blood alcohol
				level of 0.04 grams or more per 100 milliliters of blood, per 210 liters of
				breath, or per 67 milliliters of urine while on duty, unless the commission
				receives convincing evidence that the provisions of subrule (c) of this rule
				apply.
(c) If the intoxicant was
				taken as a requirement of the duty assignment, benefits shall be denied if the
				deceased or permanently and totally disabled public safety officer had a blood
				alcohol level of 0.08 grams or more per 100 milliliters of blood, per 210
				liters of breath, or per 67 milliliters of urine.
(d) If a public safety officer with a blood
				alcohol level dies as a result of heart attack or a stroke suffered after going
				off duty, as provided in Rule 28.14957, then the commission may award a benefit
				if the following apply:
(i) Clear and
				convincing evidence is presented that the intoxicant was consumed after going
				off duty.
(ii) Medical evidence
				indicates that the intoxicant did not contribute to the heart attack or
				stroke.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Public Safety Officers Benefit Program › Section R. 28.14960 - Relationship of spouse; determination

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1)
				Marriage shall be established by 1 or more of the following types of evidence
				in the following order of preference:
(a) A
				copy of the public record of marriage, certified or attested, or by an abstract
				of the public record, containing sufficient data to identify the parties, the
				date and place of the marriage, and the number of prior marriages by either
				party if shown on the official record, issued by the officer having custody of
				the record or other public official authorized to certify the record, or a
				certified copy of the religious record of marriage.
(b) An official report from a public agency
				as to a marriage which occurred while the officer was employed with the
				agency.
(c) An affidavit of the
				clergyman or magistrate who officiated.
(d) An original certificate of marriage
				accompanied by proof of its genuineness and the authority of the person to
				perform the marriage.
(e)
				Affidavits or sworn statements of 2 or more eyewitnesses to the
				ceremony.
(f) In the case of the
				death of a Michigan public safety officer who had a "common law" marriage from
				a state where "common law" marriages are recognized, the spouse may submit an
				affidavit or certified statement setting forth all of the facts and
				circumstances concerning the alleged marriage, the as the agreement between the
				parties at the beginning of their cohabitation, the period of cohabitation,
				places and dates of residences, and whether children were born as the result of
				the relationship. This evidence may be supplemented by affidavits or certified
				statements from 2 or more persons who know as the result of personal
				observation the reputed relationship which existed between the parties to the
				alleged marriage, including the period of cohabitation, places of residences,
				whether the parties held themselves out as husband and wife, and whether they
				were generally accepted as the in the communities in which they
				lived.
(g) Any other evidence which
				would reasonably support a belief by the commission that a valid marriage
				actually existed.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Public Safety Officers Benefit Program › Section R. 28.14961 - Relationship of child; determination

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) In
				general, a claimant is the child of a public safety officer if the individual's
				birth certificate shows the officer as the individual's parent.
(2) If the birth certificate does not show
				the public safety officer as the claimant's parent, then the sufficiency of the
				evidence shall be determined in accordance with the facts of a particular case.
				Proof of the relationship may consist of the following:
(a) An acknowledgement in writing signed by
				the public safety officer.
(b)
				Evidence that the officer has been identified as the child's parent by a
				judicial decree ordering the officer to contribute to the child's support or
				for other purposes.
(c) Any other
				evidence which reasonably supports a finding of a parent-child relationship,
				such as any of the following:
(i) A certified
				copy of the public record of birth or a religious record showing that the
				officer was the informant and was named as the parent of the child.
(ii) Affidavits or sworn statements of
				persons who know that the officer accepted the child as his or her
				own.
(iii) Information obtained
				from a public agency or public records, such as school or welfare agencies,
				which shows that with the officer's knowledge the officer was named as the
				parent of the child.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Public Safety Officers Benefit Program › Section R. 28.14962 - Determination of dependency

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) To be
				eligible for a death benefit under the act, a stepchild not living with the
				deceased officer at the time of the officer's death or other dependent
				individual shall demonstrate that he or she was substantially reliant for
				support upon the income of the officer.
(2) The claimant stepchild or other dependent
				individual shall demonstrate that he or she was dependent upon the decedent at
				either the time of the officer's death or at the time of the personal injury
				that was the substantial factor in the officer's death.
(3) The claimant stepchild or other dependent
				individual shall demonstrate dependency by submitting a signed statement of
				dependency within a year of the officer's death. This statement shall include
				all of the following information:
(a) A list
				of all sources of income or support for the 12 months preceding the officer's
				injury or death;
(b) The amount of
				income or value of support derived from each source listed.
(c) The nature of support provided by each
				source.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Public Safety Officers Benefit Program › Section R. 28.14963 - Representation

Current through Vol. 24-12, July 15, 2024
Rule 13. A claimant may be represented in any proceeding
				  before the commission by an attorney or other person authorized to act on
				  behalf of the claimant pursuant to
				  R
				  28.14953. A contract for a stipulated fee or for a fee
				  on a contingent basis shall not be recognized. An agreement between a
				  representative and a claimant in violation of this rule is
				  void.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Public Safety Officers Benefit Program › Section R. 28.14964 - Finding of eligibility or ineligibility; notice to legislature

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) Upon
				making a finding of eligibility, the commission shall notify each claimant of
				its disposition of his or her claim. In those cases where the commission has
				found the claimant to be ineligible for a benefit, the commission shall specify
				the reasons for the finding. The finding shall set forth the findings of fact
				and conclusions of law supporting the decision. A copy of the decision,
				together with information as to the right to a hearing and review, shall be
				mailed to the claimant at his or her last known address.
(2) The commission shall pay eligible
				claimants in the order in which all necessary documentation is received and the
				investigation of the claim is concluded.
(3) The commission shall notify the
				legislature of an unfunded claim or claims, if during a fiscal year, there is 1
				or more eligible claimant to whom the commission is unable to pay a benefit
				because of an insufficient appropriation.
Michigan Administrative Code › Department - State Police › Michigan Commission on Law Enforcement Standards (MCOLES) › Public Safety Officers Benefit Program › Section R. 28.14966 - Payment of benefits; limitations

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) As
				provided in the act, payment of benefits is subject to appropriation by the
				legislature of money necessary to make the payment.
(2) Claims for benefits shall be paid in the
				order in which the commission determines the eligibility of the
				claims.
(3) If the number of
				eligible claims exceeds the appropriated funds, then the unpaid eligible claims
				shall be paid when funds are appropriated by the legislature.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Safety Belts and Restraining Devices › Section R. 28.911 - Adoption of federal standards

Current through Vol. 24-12, July 15, 2024
Rule 1. The provisions of 49 C.F.R. SS571.209 and 571.210 are
				  adopted in these rules by reference for safety belts and restraining devices.
				  Copies of the provisions may be inspected at the offices of the special
				  operations division, traffic services section, department of state police.
				  Copies may be obtained at a cost as of adoption of these rules of $5.00 for the
				  first page and $1.00 for each page thereafter from the Department of State
				  Police, 714 S. Harrison Rd. E. Lansing, Michigan 48823, of from the
				  Superintendent of Documents, Government Printing Office, Washington, DC 20402,
				  (telephone 202-512-1800), at a cost as of the time of adoption of these rules
				  of $49.00.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Standards, Rules and Regulations for Crash Helmets › Section R. 28.951 - Approved Equipment

Current through Vol. 24-12, July 15, 2024
Rule 1. Motorcycle helmets shall meet the model
				  specifications established by the United States Department of Transportation,
				  National Highway Traffic Safety Administration. These specifications, located
				  at and identified as "Motorcycle Helmets",
				  49 C.F.R. §
										571.218, published April 15, 1988 in the
				  Federal Register (53 FR 12529), effective October 3, 1988, are adopted in these
				  rules by reference. Printed copies of
				  49 C.F.R. §
										571.218 are available for inspection and for
				  distribution to the public at cost at the offices of the Michigan Department of
				  State Police, Special Operations Division, Traffic Services Section, 714 S.
				  Harrison Road, East Lansing, Michigan 48823. Printed copies of Chapter 49,
				  Transportation, Pts. 400-999, containing
				  49 C.F.R. §
										571.218, are also available from the United
				  States Government Printing Office, Superintendent of Documents, P.O. Box
				  371954, Pittsburgh, Pa 15250-7954, at a cost of $57.00 at the time of the
				  adoption of this rule.
Pursuant to Section
				  56 of 1969 PA 306, as amended, being Section 24.256 of the Michigan Compiled
				  Laws, an obvious error in this rule has been corrected at the request of the
				  promulgating agency. The rule as published in the Michigan Register and filed
				  with the Office of the Great Seal omitted the word "Traffic" in the title of
				  the National Highway Traffic Safety
				  Administration
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1101 - Rule 101. Police department; traffic duties

Current through Vol. 24-12, July 15, 2024
It is the duty of the chief of police and the officers of
					 the police department to enforce the street traffic regulations of this
					 governmental unit and all state vehicle laws that are applicable to street
					 traffic in this governmental unit, including making arrests for certain traffic
					 violations, issuing citations for civil infractions, investigating accidents,
					 cooperating with the city traffic engineer and other officials of this
					 governmental unit in the administration of the traffic laws and in developing
					 ways and means to improve traffic conditions, and carrying out those duties
					 specially imposed by this code and other traffic ordinances of this
					 governmental unit.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1102 - Rule 102. Authority of police directing traffic

Current through Vol. 24-12, July 15, 2024
Officers of the police department or those officers that
					 are assigned by the chief of police are hereby authorized to direct all traffic
					 by voice, hand, or signal in conformance with traffic laws. However, in case of
					 a fire or other emergency or to expedite traffic or safeguard pedestrians,
					 officers of the police department may direct traffic as conditions require,
					 notwithstanding the provisions of the traffic laws.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1103 - Rule 103. Authority of firemen directing traffic

Current through Vol. 24-12, July 15, 2024
Officers of the fire department, when at the scene of a
					 fire, may direct or assist the police in directing traffic at the scene of the
					 fire or in the immediate vicinity.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1105 - Rule 105. Impounding of vehicles; authority; procedure; public sale

Current through Vol. 24-12, July 15, 2024
(1) Notwithstanding section 252d of the act,
				  a police agency may provide for the immediate removal of a vehicle from public
				  property or any other place open to travel by the public and impound the
				  vehicle in any of the following circumstances:
(a) When a vehicle is left unattended on a
				  bridge, viaduct, causeway, subway, tube, or tunnel where the vehicle
				  constitutes an obstruction to traffic.
(b) When a vehicle is found being driven on
				  the streets or highways in an unsafe condition that endangers persons or
				  property.
(c) When the driver of
				  the vehicle is taken into custody by the police department and the vehicle
				  would thereby be left unattended on the street.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1118 - Rule 118

Current through Vol. 24-12, July 15, 2024
Records of traffic violations; warrants.
(1) The chief of police shall maintain, or
				  cause to be maintained, a record of all warrants that are issued on traffic
				  violation charges and that are delivered to the police department for service.
				  The chief of police shall also maintain, or cause to be maintained, a record of
				  the disposition of all these warrants.
(2) This rule shall not apply to
				  municipalities in which the records listed in subrule (1) of this rule are
				  maintained by another agency or district court pursuant to a local
				  agreement.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1122 - Rule 122. Traffic accident studies

Current through Vol. 24-12, July 15, 2024
If the accidents at any particular location become
					 numerous, the police department shall cooperate with the traffic engineer in
					 conducting studies of the accidents and shall determine remedial
					 measures.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1123 - Rule 123. Drivers' files

Current through Vol. 24-12, July 15, 2024
(1) The police
				  department shall maintain a suitable record of all traffic accidents,
				  citations, arrests, dispositions, and complaints that are reported for each
				  driver. The reported items shall be maintained in a manner that allows for
				  retrieval by the name of the driver concerned. The records shall be maintained
				  for not less than the most recent 5-year period.
(2) A photocopy or electronic image shall be
				  maintained if the original document is sent to another agency or to a court,
				  except as provided in subrule (3) of this rule.
(3) A photocopy or electronic image is not
				  required to be maintained by the police department if the original document,
				  photocopy, prelectronic image is maintained by another office of the
				  municipality.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1124 - Rule 124. Annual traffic safety report

Current through Vol. 24-12, July 15, 2024
The police department shall annually prepare a traffic
					 report that shall be filed with the executive head of this governmental unit
					 and the ordinance making body of this governmental unit. The report shall
					 contain all of the following information on traffic matters in this
					 municipality:
(a) The number of
				  traffic accidents.
(b) The number
				  of persons killed.
(c) The number
				  of persons injured.
(d) The number
				  of traffic accidents investigated.
(e) The plans and recommendations of the
				  police department for future traffic safety activities.
(f) Other pertinent data on the safety
				  activities of the police.
(g) Other
				  pertinent traffic accident data.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1125 - Rule 125. Traffic engineer

Current through Vol. 24-12, July 15, 2024
(1) The office of
				  traffic engineer is hereby established. The traffic engineer shall be appointed
				  in a manner prescribed by the ordinance making body and shall exercise the
				  powers and duties provided in this code in a manner that is consistent with
				  prevailing traffic engineering and safety practices and that is in the best
				  interests of this governmental unit. If a traffic engineer is not appointed,
				  then the authority of the engineer shall be vested in the chief of
				  police.
(2) The traffic engineer
				  shall be responsible for any duties specifically delegated to the local
				  authority by the Act, unless another office is specifically designated by the
				  Act or by this code or is by its nature the more appropriate office.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1126 - Rule 126. Duties of traffic engineer

Current through Vol. 24-12, July 15, 2024
(1) The general
				  duties of the traffic engineer are as follows:
(a) To plan and determine the installation
				  and proper timing and maintenance of traffic-control devices.
(b) To conduct engineering analysis of
				  traffic accidents and to devise remedial measures.
(c) To conduct engineering investigations of
				  traffic conditions.
(d) To plan the
				  operation of traffic on the streets of this governmental unit, including
				  parking areas.
(e) To cooperate
				  with other officials of this governmental unit in the development of ways and
				  means to improve traffic conditions.
(f) To carry out the additional powers and
				  duties imposed by the act and ordinances of this governmental unit.
(g) To otherwise regulate the movement and
				  parking of vehicles within the municipality consistent with the act.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1127 - Rule 127. Emergency regulations

Current through Vol. 24-12, July 15, 2024
The chief of police is hereby empowered to make and enforce
					 temporary regulations to cover emergencies or special conditions. Temporary
					 regulations shall remain in effect for not more than 90 days.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1128 - Rule 128. Testing traffic-control devices

Current through Vol. 24-12, July 15, 2024
The traffic engineer may test or experiment with
					 traffic-control devices under actual conditions of traffic in accordance with
					 procedures contained in the Michigan manual of uniform traffic-control
					 devices.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1136b - Rule 136b. Traffic-control devices on private property; violation as civil infraction

Current through Vol. 24-12, July 15, 2024
(1) With the consent, or at the request, of
				  the owners or persons in charge of private property that is open to the general
				  public for travel, the traffic engineer may determine controls of the movement
				  of vehicles and pedestrians and the parking of vehicles as needed for the
				  safety and convenience of the public and users of the property. The traffic
				  engineer shall place and maintain whatever traffic-control devices are
				  necessary to give notice of the controls determined to be necessary.
(2) A person who violates the directions of
				  the traffic-control devices is responsible for a civil infraction.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1137 - Rule 137. Curb loading zones

Current through Vol. 24-12, July 15, 2024
The traffic engineer is hereby authorized to determine the
					 location of passenger and freight curb loading zones and shall place and
					 maintain appropriate signs that indicate the zones and that state the hours
					 during which the zones are restricted for loading purposes.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1138 - Rule 138. Permits for curb loading zones

Current through Vol. 24-12, July 15, 2024
The traffic engineer shall not designate or sign any curb
					 loading zone upon special request of any person unless the person makes
					 application for a permit for the zone and for 2 signs to indicate the ends of
					 each zone. When approved by the traffic engineer, the clerk, upon granting a
					 permit and issuing the signs, shall collect from the applicant and deposit with
					 the treasurer a service fee for 1 year or a fraction thereof in an amount
					 specified by resolution of the ordinance making body. The governmental unit
					 may, by regulation, impose conditions upon the use of the signs and provide for
					 reimbursement for the value of the signs if they are lost or damaged and for
					 return of the signs if they are misused or upon expiration of the permit. The
					 permit shall expire at the end of 1 year.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1139 - Rule 139. Public carrier stands

Current through Vol. 24-12, July 15, 2024
The traffic engineer is hereby authorized to establish bus
					 stops, bus stands, taxicab stands, and stands for other passenger
					 common-carrier motor vehicles on public streets, in places, and in number as he
					 or she shall determine to be of the greatest benefit and convenience to the
					 public. Every bus stop, bus stand, taxicab stand, or other stand shall be
					 designated by appropriate signs, which the traffic engineer shall cause to be
					 erected.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1140 - Rule 140. Permit for loading or unloading at an angle to the curb

Current through Vol. 24-12, July 15, 2024
The traffic engineer may authorize the clerk to issue
					 special permits to permit the backing of a vehicle to the curb for the purpose
					 of loading or unloading merchandise or materials subject to the terms and
					 conditions of the permit. A permit may be issued either to the owner or lessee
					 of real property or to the owner of the vehicle. A permit shall grant to the
					 owner or lessee of real property the privileges that are stated in the permit
					 and that are authorized in this code.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1141 - Rule 141. Parking meter zones

Current through Vol. 24-12, July 15, 2024
The traffic engineer is hereby authorized, subject to the
					 approval of the ordinance making body, to determine and designate metered
					 parking zones and to install and maintain as many parking meters as necessary
					 in the metered parking zones, if it is determined that the installation of
					 parking meters is necessary to aid in the regulation, control, and inspection
					 of the parking of vehicles
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1142 - Rule 142. Angle parking zones

Current through Vol. 24-12, July 15, 2024
The traffic engineer shall determine the location of angle
					 parking zones and shall erect and maintain appropriate signs that indicate the
					 location and that give notice thereof, except that these zones shall not be
					 established on state trunkline highways.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1144 - Rule 144. Speed restrictions

Current through Vol. 24-12, July 15, 2024
Notwithstanding section 629 of the Act, The traffic
					 engineer is hereby authorized to establish prima facie speed limits in alleys
					 and cemeteries.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1147 - Rule 147. Authority to sign 1-way streets and alleys

Current through Vol. 24-12, July 15, 2024
Where any 1-way street or alley is duly established, the
					 traffic engineer shall place and maintain signs that give notice of the 1-way
					 street or alley and the regulation shall not be effective unless the signs are
					 in place. Signs that indicate the direction of lawful traffic movement shall be
					 placed at every intersection where movement of traffic in the opposite
					 direction is prohibited.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1148 - Rule 148. Authority to restrict direction of movement on streets during certain periods

Current through Vol. 24-12, July 15, 2024
The traffic engineer is hereby authorized to determine and
					 designate streets, parts of streets, or specific lanes of streets on which
					 vehicular traffic shall proceed in 1 direction during 1 period of the day and
					 the opposite direction during another period of the day and shall place and
					 maintain appropriate markings, signs, barriers, or other devices to give notice
					 thereof. The traffic engineer may erect signs that temporarily designate lanes
					 to be used by traffic moving in a particular direction, regardless of the
					 center line of the roadway.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1151 - Rule 151

Current through Vol. 24-12, July 15, 2024
Prohibiting certain traffic.\The traffic engineer may,
					 after an engineering and traffic investigation, designate any heavily traveled
					 street under his or her jurisdiction as prohibited to a class or kind of
					 traffic found to be incompatible with the normal and safe movement of traffic.
					 The traffic engineer shall erect appropriate traffic-control devices that give
					 notice of the determination.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1153 - Rule 153. Traffic-control orders

Current through Vol. 24-12, July 15, 2024
(1) The authority
				  in the Act and this code to regulate traffic shall be exercised by the traffic
				  engineer by the issuance of traffic-control orders that shall specify the rules
				  and regulations adopted or established by him or her. The traffic-control
				  orders shall become effective upon being filed with the clerk and upon erection
				  of adequate signs or signals that give notice of the existence of the
				  regulation, if signs or signals are required by the provisions of this code
				  that pertain to the regulation.
(2)
				  Traffic-control orders may be issued by the traffic engineer on his or her own
				  authority, but when so issued shall be known as temporary traffic-control
				  orders and shall not be effective after the expiration of 90 days from the date
				  of filing and these temporary traffic-control orders shall not be renewed or
				  extended, except upon approval by the ordinance making body.
(3) Permanent traffic-control orders shall be
				  issued by the traffic engineer, approved by the ordinance making body, and
				  filed with the clerk.
(4) Temporary
				  orders shall become permanent orders upon being approved by the ordinance
				  making body, and notice of the approval shall be filed with the
				  clerk.
(5) All traffic-control
				  orders and any actions that modify or repeal the orders shall be kept by the
				  clerk in a separate book that shall be known as the traffic-control order
				  book.
(6) A copy of a
				  traffic-control order, certified by the clerk to be a true copy compared by him
				  or her with the original in his or her office, shall be permitted into evidence
				  in all courts and proceedings in the same manner as the original would be
				  permitted into evidence if produced. If it appears that a traffic-control sign,
				  signal, or device that conforms to the provisions of this code was erected or
				  in place when the alleged violation of this code occurred, it shall be prima
				  facie evidence of the existence of a lawful traffic-control order that
				  authorizes the traffic control, sign, signal, or device, and it is not
				  necessary for the prosecution to affirmatively show the existence of a valid
				  traffic-control order in these cases, unless and until the presumption is
				  rebutted by competent evidence.
(7)
				  All traffic control orders issued by the traffic engineer, whether temporary or
				  permanent, shall be in accordance with standard and accepted engineering
				  practices as adopted in
				  R
				  28.1126.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1154 - Rule 154. Clerk

Current through Vol. 24-12, July 15, 2024
The duties set forth in rules 155 to 158 of this code shall
					 apply to the person who is elected or appointed to the office of clerk of this
					 governmental unit.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1155 - Rule 155. Clerk to issue permit for loading or unloading at an angle to the curb

Current through Vol. 24-12, July 15, 2024
The clerk, upon receipt of a written application, shall
					 issue, subject to the approval of the traffic engineer, permits to back a
					 vehicle at right angles to the curb for the purpose of loading or unloading of
					 merchandise or material. These permits shall be subject to the terms and
					 conditions stated thereon. These permits shall expire at the end of each
					 calendar year, but may be reissued.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1156 - Rule 156. Clerk to issue permit for curb loading zones

Current through Vol. 24-12, July 15, 2024
The clerk, upon receipt of a written application, shall
					 issue, subject to the approval of the traffic engineer, permits for curb
					 loading zones. These permits shall be subject to the terms and conditions
					 stated thereon.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1157 - Rule 157. Clerks to provide traffic citation forms

Current through Vol. 24-12, July 15, 2024
(1) Traffic
				  citation forms in serially numbered sets that notify alleged violators to
				  appear and answer to charges of violating traffic laws and ordinances shall be
				  provided by the clerk in books and in a form as provided in sections 727b and
				  727c of the act.
(2) This rule
				  shall not apply to municipalities in which the traffic citation forms required
				  in subrule (1) of this rule are provided by another department, agency, or
				  court pursuant to a local agreement.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 2 - TRAFFIC ADMINISTRATION AND AUTHORITY › Section R. 28.1158 - Rule 158. Issuance and record of traffic citation books

Current through Vol. 24-12, July 15, 2024
(1) The
				  clerk shall be responsible for the issuance of traffic citation books to the
				  chief of police and shall maintain a record of each book.
(2) This rule shall not apply to
				  municipalities in which the records required in subrule (1) of this rule are
				  maintained by another department, agency, or court pursuant to a local
				  agreement.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 3 - OBEDIENCE TO TRAFFIC REGULATIONS › Section R. 28.1201 - Rule 201

Current through Vol. 24-12, July 15, 2024
Required obedience to traffic ordinances; parental
					 responsibility; violation as civil infraction.
(1) It is a violation of this code for any
				  person to do any act that is forbidden, or to fail to perform any act that is
				  required, by the act or this code.
(2) The parent of any child and the guardian
				  of any ward shall not authorize or knowingly permit this child or ward to
				  violate any of the provisions of the act or this code.
(3) Unless otherwise specified, violation of
				  any rule of this code is a civil infraction.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 3 - OBEDIENCE TO TRAFFIC REGULATIONS › Section R. 28.1202 - Rule 202. Obedience to police and fire department officials; violation as misdemeanor

Current through Vol. 24-12, July 15, 2024
(1) A person shall not willfully fail or
				  refuse to comply with any lawful order or direction of any police officer or
				  member of the fire department, at the scene of or in the immediate vicinity of
				  a fire, who is vested with authority under the act or this code to direct,
				  control, or regulate traffic.
(2) A
				  person who violates this rule is guilty of a misdemeanor.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 3 - OBEDIENCE TO TRAFFIC REGULATIONS › Section R. 28.1203 - Rule 203. Persons propelling push carts or riding animals subject to traffic regulations; violation as misdemeanor

Current through Vol. 24-12, July 15, 2024
(1) Persons who
				  propel any push cart or who ride an animal upon a roadway and persons who drive
				  any animal-drawn vehicle are subject to the provisions of this code that are
				  applicable to the driver of any vehicle, except for the provisions of this code
				  that by their very nature can have no application.
(2) A person who violates this rule is guilty
				  of a misdemeanor.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 3 - OBEDIENCE TO TRAFFIC REGULATIONS › Section R. 28.1204 - Rule 204. Use of coasters, roller skates, and similar devices restricted; violation as civil infraction

Current through Vol. 24-12, July 15, 2024
(1) A person who is
				  riding in, or by means of, any coasters, toy vehicle, or similar device shall
				  not go on any roadway, except while crossing a street on a crosswalk. When
				  crossing a street on a crosswalk, the person shall be granted all of the
				  rights, and shall be subject to all of the duties, applicable to
				  pedestrians.
(2) A person who is on
				  a skateboard or roller skates, including in-line skates, shall be considered a
				  pedestrian and is subject to all of the rights and duties of a pedestrian,
				  except as provided in subrule (3) of this rule.
(3) The traffic engineer may designate those
				  roadways and areas where the use of skateboards, roller skates, or in-line
				  skates are prohibited and shall designate these areas through the posting of
				  appropriate signs.
(4) A person who
				  violates this rule is responsible for a civil infraction.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 3 - OBEDIENCE TO TRAFFIC REGULATIONS › Section R. 28.1211 - Rule 211. Code provisions; exclusive applicability to operation of vehicles on streets, except where otherwise referred to

Current through Vol. 24-12, July 15, 2024
The provisions of this code that relate to the operation of
					 vehicles refer exclusively to the operation of vehicles on streets or highways,
					 except where a different place is specifically referred to in a rule of this
					 code.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 3 - OBEDIENCE TO TRAFFIC REGULATIONS › Section R. 28.1212 - Rule 212. Enforcing violation on private road

Current through Vol. 24-12, July 15, 2024
Notwithstanding any other provision of law, a police
					 officer may enter upon a private road to enforce violations of the act or this
					 code.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 4 - TRAFFIC-CONTROL DEVICES › Section R. 28.1304 - Rule 304. Obedience to official traffic-control devices; violation as civil infraction

Current through Vol. 24-12, July 15, 2024
(1) The driver of any vehicle shall obey the
				  instructions of any official traffic-control device that is placed in
				  accordance with a traffic control order or a traffic ordinance of any
				  governmental unit having authority over that highway, unless otherwise directed
				  by a police officer.
(2) A person
				  who violates this rule is responsible for a civil infraction.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 4 - TRAFFIC-CONTROL DEVICES › Section R. 28.1305 - Rule 305. Provisions of code that require signs; enforceability

Current through Vol. 24-12, July 15, 2024
Provisions of this code that require signs shall not be
					 enforced against an alleged violator if, at the time and place of the alleged
					 violation, an official sign was not in proper position and was not sufficiently
					 legible so as to be seen by an ordinarily observant person. When a particular
					 rule does not state that signs are required, the rule shall be effective even
					 though signs are not erected or in place.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 4 - TRAFFIC-CONTROL DEVICES › Section R. 28.1313 - Rule 313. Crosswalks

Current through Vol. 24-12, July 15, 2024
The traffic engineer is hereby authorized to designate and
					 maintain, by appropriate devices, marks, or lines upon the surface of the
					 roadway, crosswalks at intersections where, in his or her opinion, there is
					 particular danger to pedestrians crossing the roadway and at other places as he
					 or she may deem necessary.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Uniform Traffic Code for Cities, Townships, and Villages › Part 4 - TRAFFIC-CONTROL DEVICES › Section R. 28.1314 - Rule 314. Safety zones

Current through Vol. 24-12, July 15, 2024
The traffic engineer is hereby authorized to establish
					 safety zones of a kind and character and at places as he or she may deem
					 necessary for the protection of pedestrians.