The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5416 December 28, 1978 HIGHWAYS AND ROADS: Car of handicapped person parked in a metered parking space. HANDICAPPED PERSONS: Parking in a metered space. A handicapped person is not subject to prosecution for parking in a metered parking space without payment except for violation of an ordinance prohibiting parking in a lane established to accommodate heavy traffic during rush hours. Honorable Roy Smith State Representative The Capitol Lansing, Michigan 48909 In your letter to me reference is made to the following language from 1949 PA 300, Sec. 675(e), as amended; MCLA 257.675(e); MSA 9.2375: 'A handicapper holding a certificate of identification or a person having special registration plates as provided in section 803d shall be entitled to courtesy in the parking of the vehicle which shall relieve him from liability for a violation with respect to parking, other than in violation of this act.' You specifically ask: 'Does this mean that a handicapper can park in a parking metered space without putting money in the meter and be immune from prosecution?' A fundamental rule of statutory construction is that in determining the meaning of a statute, the primary duty is to ascertain the intention of the legislature. Crawford v School District No 6, 342 Mich 564; 70 NW2d 789 (1955). In determining the intent of the legislature, all provisions of a statute must be considered in determining legislative intent. School District No 3, Mt Haley Township v State Board of Education, 364 Mich 160; 110 NW2d 821 (1961). Consequently, in answering this question, it is essential to consider not only the statutory language quoted in your letter, but also attention must be given to the following additional language from 1949 PA 300, Sec. 675(e), as amended, supra: 'A handicapper shall be entitled to receive, and the secretary of state may issue, under the rules and upon the application as he shall prescribe, a serially numbered transferable certificate of identification for the personal use of the handicapper. The certificate may be used by a person other than the handicapper for the sole purpose of providing transportation to the handicapper. A handicapper holding a certificate of identification or a person having special registration plates as provided in section 803d shall be entitled to courtesy in the parking of the vehicle which shall relieve him from liability for a violation with respect to parking, other than in violation of this act. A local authority may, by ordinance, prohibit parking on a street or highway for the purpose of creating a fire lane or to provide for the accommodation of heavy traffic during morning and afternoon rush hours and the privileges extending to veterans and physically handicapped persons hereunder shall not apply on streets or highways where and at the times the parking is so prohibited. . . .' (Emphasis supplied) As indicated in the last sentence from the above-quoted language, a local authority may prohibit parking on a street or highway in order to create a fire lane (1) or to accommodate heavy traffic during morning and afternoon rush hours without extending parking privileges to handicappers on the streets or highways where and when the parking is so prohibited. Furthermore, although 1949 PA 300, as amended, Sec. 606; MCLA 257.606; MSA 9.2306, permits local authorities to regulate the standing or parking of vehicles, a fundamental rule of law is that if there is a conflict between local ordinances and the general state law, the latter prevails. Builders Association v City of Detroit, 295 Mich 272; 294 NW 677 (1940). Thus, the phrase, 'in violation of this act,' in the underlined above-quoted language, is relevant. Clearly, 'this act' refers to 1949 PA 300, as amended; MCLA 257.1 et seq; MSA 9.1801 et seq, the general state law. In OAG, 1963-1964, No 4118, p 59 (March 23, 1963), it was expressly stated that 1949 PA 300, Sec. 675(e), is a general state law, binding upon cities, villages, and townships and that physically handicapped persons, having been issued a certificate of identification, are exempt from liability for meter violations in a city owned parking lot since a public parking lot is considered a street or highway for purposes of 1949 PA 300, supra. Also relevant is OAG, 1951-1952, No 1475, p 394 (November 28, 1951), which stated that even though disabled veterans failing to deposit coins in a parking meter are exempt from liability under local ordinances prohibiting and regulating parking of motor vehicles, they are not immune from prosecution for violating the state law. The primary provision in 1949 PA 300, as amended, concerning prohibited parking is Sec. 674, as last amended by 1977 PA 19, which does not contain any reference to meter parking. This absence clearly indicates that the legislature intended that a handicapper legally may park in a metered parking space without putting money in the meter. Therefore, based upon the above-cited authority, it is my opinion that a handicapper may park in a metered parking space without payment and will not be subject to prosecution, provided local authorities have not, by ordinance, prohibited parking on a street or highway to accommodate heavy traffic during morning and afternoon rush hours at the location where the car has been parked. Frank J. Kelley Attorney General (1)