“The owner of a motor vehicle who operates or permits the operation of the motor vehicle on the highways of [Michigan] or the operator of the motor vehicle shall produce, under [MCL 257.328(2)], on the request of a police officer, evidence that the motor vehicle is insured under [MCL 500.3101 et seq.].” MCL 257.328(1).
“Subject to [MCL 257.907(14)1], an owner or operator of a motor vehicle who fails to produce evidence of insurance on request under [MCL 257.328(1)] or who fails to have motor vehicle insurance for the vehicle as required under [MCL 500.3101 et seq.], is responsible for a civil infraction.” MCL 257.328(1).
Electronic copy of certificate of insurance. “If a an individual displays an electronic copy of his or her certificate of insurance using an electronic device, the police officer shall only view the electronic copy of the certificate of insurance and shall not manipulate the electronic device to view any other information on the electronic device. An individual who displays an electronic copy of his or her certificate of insurance using an electronic device as provided in this subsection is not presumed to have consented to a search of the electronic device. A police officer may require the individual to electronically forward the electronic copy of the certificate of insurance to a specified location provided by the police officer. The police officer may then view the electronic copy of the certificate of insurance in a setting in which it is safe for the officer to verify that the information contained in the electronic copy of the certificate of insurance is valid and accurate. [Michigan], a law enforcement agency, or an employee of [Michigan] or a law enforcement agency is not liable for damage to or loss of an electronic device that occurs as a result of a police officer’s viewing an electronic copy of a certificate of insurance in the manner provided in [MCL 257.328], regardless of whether the police officer or the owner or operator of the vehicle was in possession of the electronic device at the time the damage or loss occurred.” MCL 257.328(1).
The general rules for assessing costs apply to no proof of insurance violations. See Section 1.20 for a discussion of the general rules governing the assessment of a civil fine and costs; see also the Michigan Judicial Institute’s table for a quick reference guide.
“If, before the appearance date on a citation issued under [MCL 257.328(1)], the defendant submits proof to the court that the motor vehicle had insurance meeting the requirements of [MCL 500.3101 and MCL 500.3102], at the time the violation of [MCL 257.328(1)] occurred, all of the following apply:
(a) The court shall not assess a fine or costs.
(b) The court shall not forward an abstract of the court record to the secretary of state.
(c) The court may assess a fee of not more than $25.00 that shall be paid to the court funding unit.” MCL 257.328(3).
“If a person has received a citation for a violation of [MCL 257.328(1)] for failing to produce a certificate of insurance under [MCL 257.328(2)], the court may waive the fee described in [MCL 257.328(3)(c)] and shall waive any fine, costs, and any other fee or assessment otherwise authorized under [the Michigan Vehicle Code] on receipt of verification by the court that the person, before the appearance date on the citation, produced valid proof of insurance that was in effect when the violation of [MCL 257.328(1)] occurred.” MCL 257.907(14). “Insurance obtained after the violation occurred does not make the person eligible for a waiver under [MCL 257.907(14)].” MCL 257.907(14).
Only applicable sanctions are listed below; accordingly, if a particular sanction is omitted from this section, it is not applicable to this offense. The Offense Code Index for Traffic Violations published by the secretary of state and sourced from the Michigan Department of State Court Manual includes a table detailing traffic offenses and applicable sanctions.
•Discretionary license surrender/suspension under certain circumstances. See MCL 257.328(4).2
1 See Section 1.21(A) for more information on MCL 257.907(14).
2 MCL 257.328(4) provides: “If an owner or operator of a motor vehicle is determined to be responsible for a violation of [MCL 257.328(1)], the court in which the civil infraction determination is entered may require the individual to surrender his or her operator's or chauffeur’s license unless proof that the vehicle has insurance that meets the requirements of . . . MCL 500.3101 and 500.3102, is submitted to the court. If the court requires the license to be surrendered, the court shall order the secretary of state to suspend the individual’s license. The court shall immediately destroy the license and shall forward an abstract of the court record to the secretary of state as required by [MCL 257.732]. On receipt of the abstract, the secretary of state shall suspend the individual's license beginning with the date on which the individual is determined to be responsible for the civil infraction for a period of 30 days or until proof of insurance that meets the requirements of . . . MCL 500.3101 and 500.3102, is submitted to the secretary of state, whichever occurs later. An individual who submits proof of insurance to the secretary of state under this subsection shall pay a service fee of $25.00 to the secretary of state. The individual shall not be required to be examined under [MCL 257.320c] and shall not be required to pay a replacement license fee.”