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Proviso, right the local examiner: Provided, however, That any applicant shall have the right to an appeal to the secretary of state from the decision of any local examiner.
Licenses to be numbered
Card issued to licensee;
what to state.
Signature on card.
(592) SEC. 4. The secretary of state shall assign a disand recorded. tinguishing number to each license and shall keep a proper record of all licenses issued, which record shall be open to public inspection. He shall issue a license card or tag to each licensee. Each license card or tag shall state among other things: Name, age, place of residence, postoffice address, address of the licensee, the number assigned to him or her, a brief description of the licensee for the purpose of identification, and such other facts and provisions, not inconsistent with this act, as said secretary of state may determine. Every person licensed to operate motor vehicles, as aforesaid, shall, upon receipt of said license card or tag endorse his or her signature thereon in a space provided for the purpose, and such license shall not be valid until such card or tag is endorsed. Said license card or tag shall at all times be carried by the licensee when he or she is operating a motor vehicle along the public highways of this state and shall be given up by him or her for examination upon demand by any proper officer. In event of the loss or destruction of a license card or tag by any person duly licensed under the provisions of this act, said person may obtain a duplicate thereof, upon filing in the office of the secretary of state an affidavit showing the fact and the payment of a fee of twenty-five cents.
Carried by licensee.
Duplicate in case of loss, etc.
List of licenses.
Licenses secured on misrepresentation.
Am. 1919, (ex. sess.), Act 23.
(593) SEC. 5. The secretary of state shall furnish to the sheriff of every county of the state and to the chief of police of every city within sixty days after this act takes effect, and once each month thereafter, a full and accurate list of all such licenses issued, with the names of the licensees, their addresses and the numbers assigned to each. Such lists shall be kept as a public record and open to inspection during reasonable business hours.
(594) SEC. 6. Any certificate or license for any operator issued under the provisions of this act by the secretary of state upon an application which is untrue or which contains any false statements as to any material matters shall be absolutely void from the date of its issuance, and said operator shall be deemed to be unlicensed, and said certificate so issued can be at once taken up upon request or order of the secretary of state.
(595) SEC. 7. Nothing herein contained shall prevent a non-resident operating a motor vehicle upon the public highways of this state during the period in which he can lawfully operate such vehicle in this state, even though he has not obtained a license from the secretary of state, provided he is duly licensed under the laws of the state in which he resides, or has complied fully with the laws of the state of his residence respecting the licensing of motor vehicles and their
operators; but if any such non-resident, his chauffeur, or employe, be convicted by any court of violating any of the provisions of the laws of this state relating to motor vehicles or to the operation thereof, he shall thereafter be subject to and required to comply with all provisions of this act relating to the registration of motor vehicles owned by residents of this state and the licensing of the operators thereof. (596) SEC. 8. The secretary of state may suspend, for Suspension, not more than one year, any license issued to any person under the provisions of this act if such person shall have been convicted of reckless driving, of operating a motor vehicle while under the influence of intoxicating liquors or drugs, or, after causing injury to any person or damage to any property, of leaving the scene of the accident without giving his name and address. The secretary of state may also, after a hearing, Revocation order a license of any holder thereof to be delivered to him whenever it is established to his satisfaction that the holder thereof, by reason of physical or mental defects or incapacity, is an improper person to operate a motor vehicle, and such license shall not be redelivered to such holder unless, upon petition of such holder and after investigation, the secretary of state finds that such person is physically and mentally competent to properly operate a motor vehicle: Provided, That Proviso, the secretary of state shall suspend no license except after a complaint. hearing and, where the licensee is a resident of a city, except upon the written complaint of the chief of police, approved by the mayor of such city, and, where the licensee is a resident of a township or village, except upon the written complaint of the sheriff or his chief deputy of the county where such licensee resides approved by the supervisor of the township where such licensee resides, which complaint shall be addressed to the secretary of state and shall set forth that such licensee has been convicted of reckless driving, of operat ing a motor vehicle while under the influence of intoxicating liquors or drugs, or, after causing injury to any person or damage to any property while operating a motor vehicle, of leaving the scene of the accident without having given his name and address to the person who was injured or whose property was damaged: Provided, That reckless driving, as Proviso, referred to in this act, is defined as the operation of a motor vehicle on the public highways of this state in such a manner defined. as to endanger the life and limb of any person or the safety of any property.
(597) SEC. 9. The provisions of this act with reference Application to registration of operators shall in no wise affect, amend or repeal the provisions of the act covering the registration of chauffeurs, except that it is hereby expressly provided that section eight with reference to the suspension and revoking of licenses shall apply also to licenses issued to chauffeurs under the provisions of the act providing for the issuance of licenses to chauffeurs: Provided, That chauffeurs shall not Proviso, be required to procure the operator's license referred to in this
act in addition to the chauffeur's license which any act requires them to procure before operating a motor vehicle on the highways of this state.
(598) SEC. 10. Any person operating a motor vehicle in this state without the required license therefor, as by this act provided, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding one hundred dollars or by imprisonment in the county jail not exceeding three months, or by both such fine and imprison. ment in the discretion of the court.
Intoxicated, etc., persons not to drive motor vehicles.
Owner not to permit.
OPERATION OF MOTOR VEHICLES BY INTOXICATED
An Act to prohibit the driving or operation of motor vehicles by persons under the influence of intoxicating liquor, or of any exhilarating or stupefying drug, and to provide penalties therefor.
[Act. 164, P. A. 1917.]
The People of the State of Michigan enact:
(599) SECTION 1. Hereafter it shall be unlawful for any intoxicated person or any person under the influence of any exhilarating or stupefying drug, to drive, operate or have charge of the power or guidance of any automobile, motor cycle or other motor vehicle, upon any public highway, street, avenue, driveway or alley within this state. It shall also be unlawful for the owner of any motor vehicle, or for the person having such vehicle in charge or under his control to knowingly permit the same to be driven or operated upon any public highway, street, avenue, driveway or alley within this state by any person under the influence of intoxicating liquor or any exhilarating or stupefying drug.
(600) SEC. 2. Any person violating the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be liable to a fine of not less than fifty dollars, nor more than one hundred dollars, or to imprisonment in the county jail or the Detroit house of correction for not more than ninety days, or to both such fine and imprisonment in the discretion of the court.
TRAFFIC OFFICERS IN TOWNSHIPS.
An Act to provide for the appointment of traffic officers in townships and defining their powers and duties, and providing for their compensation.
[Act 50, P. A. 1919.]
The People of the State of Michigan enact:
(601) SECTION 1. The township board of any township Township may, by a majority vote of the township board at any regular officers. meeting or any special meeting called for that purpose, provide for the employment of a traffic officer or officers in such township, the compensation of such officer or officers to be paid Compensafrom the general fund of such township: Provided, That two Proviso, joint or more townships may, by a majority vote of all the township action by boards, appoint such officer at a joint meeting of such township boards held for that purpose, and the proportion of the compensation of such traffic officer or officers to be paid by each of such townships shall be determined at such joint meeting.
(602) SEC. 2. Whenever any traffic officer shall be ap- Power of pointed under the provisions of this act, such traffic officer shall be vested with all powers of arrest, and other powers, now vested by law in deputy sheriffs. The compensation and service of such officers shall be determined by the township board or boards.
See section 555.
USE OF STEAM ENGINES ON HIGHWAYS.
An Act to regulate the use of steam engines, steam wagons or other vehicles, which are in whole or in part operated by steam, on the public highways of this state, and to prohibit the blowing of steam whistles upon the public highways of this state.
[Act 145, P. A. 1887.]
The People of the State of Michigan enact:
(603) § 4793. SECTION 1. It shall be unlawful for any Certain acts person, company or corporation owning or controlling any carriage, vehicle, traction or other engine propelled by steam, by themselves, their servant, agent or employe, to allow the same to stand upon any bridge or culvert in any highway for taking a supply of water, or other purpose; and it shall also be unlawful to permit or use the same to pass over, through or upon any public highway, road or street, unless such owner, owners, agent, servant or employe shall send before the same a person of mature age, at least ten rods and
Proviso. Further proviso.
not more than forty rods in advance except that in incorporated cities and villages such persons shall not be less than four rods and not more than ten rods in advance, to notify and warn persons traveling or using said highway, road or street with horses or other domestic animals, of the approach of such carriage, vehicle or engine. And upon the approach of any person or persons with horse or horses, or other domestic animals, from behind or in front, said owner or owners, agent, servant, or employe of such steam vehicle, carriage or engine having the same in charge, shall cause the same to be stopped, and the steam of such engine to be immediately shut off, and to render such assistance as will enable such team or teams of horses, or other domestic animals to pass in safety; and at night such persons shall carry a red light; and such persons shall carry and use plank sufficient to plank all crosswalks: Provided, That the provisions of this act shall not be construed to apply to automobiles: Provided further, That no township shall be liable for any damages sustained by the breakage of any bridge or culvert by any steam engine or steam vehicle weighing more than the lawful carrying capacity of such bridge or culvert at the time it was built.
Am. 1917, Act 181.
USE OF STEAM ENGINES: Persons making use of horses by means of travel or traffic by the highways have no rights therein superior to those who make use of the ways in other permissible modes.-Macomber v. Nichols, 34 / 213. If one in making use of horses as a means of locomotion on the highway is injured by the act or omission of another using a steam locomotive, the question is not one of superior privilege, but whether, under all the circumstances, there is negligence imputed to some one, and if so, who should be accountable for it.-Id. In an action for an injury caused by a horse taking fright on a highway at an engine being propelled by steam it is error to permit the right of recovery to turn upon whether the engine was calculated to frighten horses of ordinary gentleness. The bringing of an unsightly object into the common highway is not necessarily wrong because of its tendency to frighten horses any more than the construction of a bridge over a river is a wrong because of its tendency to delay vessels.Id. See Vought v. Traction Co., 194 / 343. Act No. 71, P. A. 1903, (8 4793, C. L. 1915), providing that no township shall be liable for damages sustained by the breaking of any bridge or culvert by a steam engine or steam vehicle weighing more than six tons, embraces reasonable questions of legislative discretion which are not inhibited by any constitutional provision.-Lundstrom v. Twp. of Ellsworth, 196/502. LIABILITY: For liability of municipality for injuries received by person or engine by reason of defective bridge, etc.-Stebbins v. Keene Township, 55/552; Woodbury v. Owosso, 64 / 239. Violation of the statute requiring the sending ahead of a person to give warning of the approach of a steam vehicle, constitutes contributory negligence, preventing the recovery of damages to a steam roller in a collision at a crossing of defendant electric railway company. Construction Co. v. Pt. H., St. C. & M. C. Ry. Co., 173/1. TITLE OF ACT: By the term "regulate" in the title of this act, both government and restriction are intended.-Westgate v. Adrian Twp., 161/333.
(604) § 4794. SEC. 2. Any person or persons who, while traveling upon the public highways of this state with a steam engine, steam wagon or other vehicle which is, in whole or in part, being worked, run or operated by steam, or to which a steam whistle is attached, shall blow or sound, or cause to be blown or sounded, any steam whistle while so traveling upon the public highways of this state, shall be guilty of a misdemeanor, except when deemed necessary by the operator to blow the whistle to avoid accidents.