Exemption of Non-Residents

Sec. 12. The provisions of the foregoing sections shall not apply to any owner of a motor vehicle from another state or province in which the provisions of the foregoing sections are substantially in force and with which such owner has fully compiled. This exemption, however, shall apply to pleasure vehicles for a period not exceeding ninety days and to commercial vehicles for a period not exceeding ten days.

Brakes, Horns, Lamps, Etc.

Sce. 13 (a) Every motor vehicle operated upon the public highways of this State shall be provided with adequate brakes and a suitable device for signaling. (b) Every motor vehicle operated on the public highways shall be equipped with two white head lights of equal candle power, capable of clearly lighting the highway at least two hundred feet ahead, and equipped with either lenses or a dimming device which will diffuse the light so it will not interfere with the vision of the operator of an approaching vehicle. The lights shall be dimmed on approaching another vehicle unless the make of such lens or lights has been approved by the Public Safety Department. The Department of Public Safety shall test all makes of lens, lights and dimming devices used on the public highways and publish a list of those approved by the department: Provided, however, that motor vehicles equipped with acetylene headlights shall be deemed to have complied with the provisions of this act, anything to the contrary notwithstanding, when such headlights are fitted with clear plain front glass, six inch spherical mirror and a standard acetylene "five-eighths foot burner," not more and not less. Motorcycles equipped with acetylene headlights shall be deemed to have complied with the provisions of this act, anything to the contrary notwithstanding, when such headlights are fitted with not more than a standard acetylene "five-eighths foot burner" or less than a standard acetylene "onehalf foot burner." Nothing herein shall be construed as prohibiting the use of acetylene lighting systems on motor vehicles. Motor vehicles and trailers shall also have one rear red light visible when lighted for one hundred feet behind such vehicle. Trailers, whose overall length including towing vehicle and load exceeds thirty feet, and tractors shall carry one white light in front, and on the left side thereof. Motor vehicles required to have a rear registration plate shall, while being operated on the public highways at night, from one hour after sunset to one hour before sunrise, have it illuminated with a white light so that the characters thereon are plainly visible. While such vehicles are standing on the public highways at night they shall have displayed thereon two front lights and one red light, except when standing on highways and streets so lighted that such vehicle is plainly visible. A spot light may be used if it is so adjusted that the rays are always downward and to the right of such vehicle.

Mirrors on Motor Vehicles

(c) Every commercial vehicle of one-half ton capacity or more, operating upon the public highways of this State, except in cities, shall be equipped with a mirror so adjusted that the operator shall have a clear view of the road behind such truck.

A violation of the provisions of this section shall be classified as reckless driving and owners and operators, convicted hereunder, shall be amenable to the same penalties as persons convicted of reckless driving.

Use of Non-Skidding Devices

Sec. 14. The Public Safety Department shall test all tire chains and non-skidding devices and approve such as are not unreasonably injurious to the highways. A list of the devices approved by the Department shall be published. It shall be unlawful for any device not approved by the Public Safety Department to be used on a motor vehicle.

Meeting or Passing Other Vehicles

Sec. 15. The operator of a motor vehicle on the public highway shall use due care when meeting or passing any other vehicle or person. If any vehicle on the highway be overtaken by a motor vehicle and the person in charge of such motor

vehicle signals to pass, it shall be the duty of the driver of any such vehicle so overtaken to turn to the right of the center of the highway and give the person making the signal an opportunity to pass. Nothing in this act contained shall be construed as abrogating or repealing the provisions of House Enrolled Act No. 58 of the Puble Acts of 1923, approved April... ...,1923.

Rate of Speed

Sec. 16. No motor vehicle shall be operated upon a public highway in a careless or reckless manner or at a rate of speed greater than is reasonable and proper, having regard to the traffic and use thereof and the safety of persons and property thereon, and in no case to exceed thirty-five miles an hour outside the corporation limits of cities and villages. The rate of speed within the corporate limits of all cities and villages, shall not be greater than fifteen miles an hour in the business portion and twenty miles an hour in all other portions thereof, subject, however, to the other provisions of this act. A person operating a motor vehicle shall, upon approaching and traversing an intersecting highway, bridge, dam, sharp curve or steep descent, have it under control and operate it at such speed as is reasonable and proper.

Local Authorities.

Sec. 17. Local authorities may make and enforce such reasonable ordinances and regulations concerning the speed at which motor vehicles may be operated in any park, parkway or summer resort within a city, incorporated village or township, but in no case to permit a greater speed than is provided in this act. Notices must be posted, however, along such highway indicating the rate of speed permitted or required.

Registration of Chauffeurs

Sec. 18. Every person eighteen years of age or over desiring a chauffeur's license shall make a sworn application therefor to the Secretary of State and on a blank to be furnished by him. The application shall be accompanied by a fee of five dollars and shall give the name and permanent address of the applicant; whether or not he has been previously convicted of a violation of any provisions of this or any other motor vehicle law or ordinance, if he has, number of times, date and place of such conviction and the provisions of the law or ordinance violated. No license shall be issued to an applicant while he is on parole or probation for such violation, or who is addicted to the use of intoxicating liquors or drugs, or who is unfit or unsafe for any reason to operate a motor vehicle as a chauffeur. No person shall operate a motor vehicle as a chauffeur without having secured a license therefor, except a non-resident chauffeur, registered under the provisions of the laws of the State or province of his residence, which are substantially similar to the foregoing sections and which state or province extends similar privleges to chauffeurs of this State, and then only while he is wearing, in the manner herein provided, the badge assigned to him by the state of his residence. All chauffeurs' licenses shall be renewed annually on the first day of January of each year. After September first of each year a fee of onehalf the rate provided shall be paid.

Chauffeur's Badge.

Sec. 19. The Secretary of State shall, forthwith, upon registering such chauffeur and without other fee, issue and deliver to him a badge of suitable metal, of such shape, which shall be changed annually, and contain such reading matter as the Secretary of State may determine. Such chauffeur shall, while operating a motor vehicle on the highways, wear said badge pinned in a conspicuous place upon his clothing. If said badge be lost, mutilated or destroyed a duplicate thereof may be obtained from the Secretary of State upon filing, in his office, an affidavit, showing that fact, and the payment of a fee of two dollars and fifty cents.

Penalties

Sec. 20. Any person convicted of violating any of the provisions of this act, except as herein otherwise provided, shall be punished by a fine not exceeding twenty-five dollars and costs of prosecution, or, in default of paying such fine,

by imprisonment in the county jail for not exceeding ten days; for the second offense he shall be punished by a fine not exceeding fifty dollars and costs of prosecution, or in default of paying such fine by imprisonment in the county jail for not exceeding thirty days; and for a third, or any subsequent offense, he shall be punished by a fine not exceeding one hundred dollars and costs of prosecution, or by imprisonment in the county jail or the Detroit House of Correction for a period not exceeding sixty days, or by both such fine and imprisonment.

Civil Actions

Sec. 21. Nothing herein contained shall be construed to abridge the right of any person to prosecute a civil action for damages for injuries to either persons or property resulting from a violation of any of the provisions of this act by the owner or operator of a motor vehicle, his agent or servant. The owner shall not be liable, however, unless said motor vehicle is being driven with his express or implied consent or knowledge. It shall be prima facie evidence that such motor vehicle is being driven with the knowledge and consent of the owner if it is driven, at the time of said injury, by his father, mother, brother, sister, son, daughter, or other immediate member of the family.

Arrests

Sec. 22. When any person residing in this State is arrested without warrant for any violation of this act, the officer making the arrest shall take the license number or other identification of the vehicle, the name and address of the person arrested, and if he is not the owner the name and address of the owner thereof, and shall take such person, forthwith, before some magistrate of the vicinity to answer the complaint and if no magistrate is immediately available or if an immediate trial cannot be had, the officer shall notify such arrested person to appear at a certain time before some magistrate of the vicinity to answer to the charge on which such arrest is made. In case such person neglects or fails to appear as so ordered, such officer shall report the name of the person, the number or other identification of the motor vehicle to the Secretary of State, who shall thereupon revoke the driver's license of such arrested person and the motor vehicle license, and no such person shall be relicensed during his default to appear and answer such charge. When any person not a resident of this State shall be arrested without warrant for any violation of this act, the officer making the arrest shall forthwith take such offender before a magistrate of the vicinity to answer to the complaint made against him. If no magistrate is immediately available or an immediate trial cannot be had, the person so arrested may recognize to such officer for his appearance by leaving with him a sum of money equal to the maximum fine which may be imposed. The officer making such arrest shall in all such cases give a receipt to the offender for the money so deposited with him together with a written statement, in form of a summons, giving the name, location of the magistrate's office, and the date and hour of appearance. If the offender fails to appear as therein required, such deposit shall be forfeited as in other cases of default in bail.

Any person violating the provisions of this act may be arrested in the county or the county adjoining the county where such offense occurred. Every officer taking a deposit under this section shall deposit the same with the magistrate named in the summons, together with the facts relating to such arrest; and failure to make such report and to deposit such money shall be deemed embezzlement of public money.

Disposition of Fees

Sec. 23. All fees and taxes received and collected by the Secretary of State under the provisions of this act shall be deposited in the State Treasury and credited to the State Highway Fund which is hereby created, and shall be used for building, improving and maintaining the public highways and bridges in the state, in accordance with the general highway laws thereof, and subject to the specific appropriations hereinafter made. One-third of the amount collected from the registered motor vehicles in each county shall be returned to the treasurer of such county, to be used to maintain the highways under the jurisdiction of the county authorities: Provided, That not less than four million dollars shall be so returned to the counties in any fiscal year. In counties not operating

under the county road system, the board of supervisors shall apportion such money to the several townships and cities thereof according to the equalized assessed valuation thereof, which shall be used for the construction and maintenance of the highways. The Secretary of State shall certify to the Auditor General on the first day of July of each year and at the end of each quarter thereafter, the amounts received from the several counties for motor vehicle taxes during the preceding quarter. The Auditor General shall, thereupon, draw his warrant on the State Treasurer for such amounts as are due the said counties under the provisions of this section.

(a) There is hereby appropriated from the State Highway Fund for the fiscal year ending June thirtieth, nineteen hundred twenty-four, the sum of three million two hundred thousand dollars and for each fiscal year thereafter, the sum of four million two hundred thousand dollars for the payment of the interest on the state highway bonds and for the purpose of creating a sinking fund for the payment of said highway bonds when the same become due. Said sinking fund shall be under the supervision and control of the State Administrative Board and the same or any part thereof may be invested in securities issued by the State of Michigan or by any municipality within the state or other state agency or by the government of the United States. All interest received on such securities shall be credited to the sinking fund and used solely for the purposes thereof.

(b) There is hereby appropriated to the State Highway Fund all moneys in the Auto Theft and Operator's License Funds in the State Treasury on the thirtieth of June, nineteen hundred twenty-three, and there is hereby appropriated to said State Highway Fund from the General Fund, the sum of one million dollars for the fiscal year ending June thirtieth, nineteen hundred twenty-four, and one million dollars for the fiscal year ending June thirtieth, nineteen hundred twenty-five, and there is hereby appropriated from said State Highway Fund for the fiscal year ending June thirtieth, nineteen hundred twentyfour, the sum of two million dollars and for the fiscal year ending June thirtieth, nineteen hundred twenty-five, the sum of two million dollars, for the payment of accrued state rewards on highways.

(c) There is hereby appropiated from said State Highway Fund for the fiscal year ending June thirtieth, nineteen hundred twenty-four, and for each fiscal year thereafter, for the improving and maintaining of the state trunk line and federal aid highways, the sum of two million dollars. The expenditure and disbursement of the moneys appropriated in this section is hereby made expressly subject to the supervision and control of the State Administrative Board and shall be in conformity with such rules and regulations as it shall prescribe.

The State Administrative Board is hereby authorized to increase the sums appropriated in sub-divisions (b) and (c) in any fiscal year if and when such State Highway Fund has a surplus after the other specific appropriations herein made have been met and satisfied.

All sums remaining in said State Highway Fund at the end of any fiscal year shall be carried forward and added to the fund for the succeeding fiscal year.

Branch Offices

Sec. 24. The Secretary of State is hereby given authority to establish temporary offices in different parts of the State in order to facilitate the prompt and efficient distribution of number plates hereunder; and he shall appoint some suitable and capable person to have charge thereof. A bond may be required of such person in such amount as the Secretary of State may prescribe to cover the safe handling of any and all moneys received hereunder. Any person appointed to conduct a branch office shall receive such compensation as the Secretary of State may fix, and necessary expenses of the office, which compensation and expenses shall be paid out of the fund received from motor vehicle licenses and shall be deducted from said fund before the same is certified to the Auditor General for apportionment to the several counties of this State.

Title of This Act

Sec. 25. This act shall be known as the "Michigan Motor Vehicle Law." Sec. 26. Act No. 302 of the Public Acts of 1915 as amended, and all other acts inconsistent herewith, are hereby specifically repealed. Licenses issued

under said act shall be valid, however, until the thirty-first day of March, 1924. Sec. 27. The provisions of this act are declared to be severable. If any section or part of a section be held unconstitutional for any reason, it is hereby declared, as a legislative intent, that the remaining provisions of this act would have been enacted without such section or part of section held to be unconstitutional, having been included therein.

Sec. 28. This act being deemed to be immediately neccessary for the public peace and safety, is hereby ordered to take immediate effect.

The Committee of the Whole, through its Chairman, reported back to the Senate the following entitled bill, recommending that the bill be laid on the table: Senate bill No. 216 (file No. 296), entitled

A bill to amend section 3 of Act No. 139 of the Public Acts of 1913, entitled "An act to permit the holder of any negotiable bond secured by mortgage upon or trust deed of real or personal property in Michigan, which mortgage or trust deed is executed to a trustee and was recorded in the State of Michigan at any time prior to January 1, 1912, to pay a specific tax thereon and thereby to be exempt from further general taxes thereon," being section 4280 of the Compiled Laws of 1915. The recommendation of the Committee of the Whole was concurred in and the bill was laid on the table.

The Committee of the Whole, through its Chairman, reported back to the Senate an amendment to the following entitled bill, recommending that the amendment be printed in the Senate Journal of today:

Senate bill No. 319 (file No. 286), entitled

A bill to authorize the formation of corporations for the purpose of damming, excavating, constructing and maintaining water courses with water power appurtenant thereto, for accumulating, storing, manufacturing, conducting, selling, furnishing and supplying to the public generally, water and water power, electricity and electric power or any other kind of power, for providing for condemnation proceedings in certain cases, and declaring the same to be a public use.

The Committee has come to no resolution on the bill.

The following is the amendment recommended by the Committee of the Whole: Strike out all of the bill after the words "Section 1" in line 1 and insert in lieu thereof the following:

That any number of persons not less than three may form a corporation, for the purpose of accumulating, storing, manufacturing, conducting, selling, furnishing and supplying to the public generally water and water power, and for electricity and electric power, or any other kind of power, by executing under their hands and seals, articles of incorporation in manner and form as required by certain other corporations by the provisions of Part One, Chapter 2, of Act No. 84 Public Acts of 1921 of Michigan and amendments thereto, and thereupon such corporations shall have and enjoy all the powers and privileges of corporations for pecuniary profit organized under said Act No. 84 of Public Acts of 1921 of Michigan, and amendments thereto.

Section 2. Every such corporation, organized as provided in Section one of this Act, shall also have the following powers:

First, To cause such examinations and surveys for all proposed improvements to be made, as may be necessary to prepare for the work to be done.

Second, To acquire by lease, purchase, grant and donation all such lands, real estate, flowage rights, water power and other property, and any interest therein, as may be necessary to carry out its corporate purposes;

Third, To dam any stream or streams, and to excavate, construct, maintain, repair and improve any existing stream or canal, or which it may excavate and construct, with water power appurtenant thereto.

Fourth, To flood, flow and submerge its land and property by constructing the necessary dams in any canal, or in creeks, streams or other water courses, natural or artificial;

Fifth, To condemn all lands and any and all interest therein which may be necessary to the carrying on of its business of manufacturing and furnishing power for public use, including all lands necessary for transmitting electricity, electric current or other power across streams, highways and private property, such condemnation proceedings in all cases to be carried on and determined under and subject to the same rules and forms, as near as practicable, as are provided and required for the acquisition of lands for right of way of steam railroad lines within the State of Michigan, when the railway company is unable to agree with