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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. 5651

February 12, 1980

MOTOR VEHICLES:

Registration of fire trucks

Fire trucks, when operated on the public highways of any community or any interstate highway, are required to be registered and bear registration plates.

The Honorable Jack Welborn

State Senator

The Capitol

Lansing, Michigan 48909

You have requested my opinion on the following question:

Does a piece of fire apparatus need to be registered and bear registration plates to travel within its own community, into a neighboring community, or on an interstate highway?

The Michigan Vehicle Code, 1949 PA 300; MCLA 257.1 et seq; MSA 9.1801 et seq (hereinafter the Michigan Vehicle Code), sets forth the requirements for and exemptions from the licensing of all vehicles operated upon the public highways in the State of Michigan.

Vehicles of fire departments (i.e., fire apparatus) have been designated by the Michigan Vehicle Code, supra, Sec. 2, as 'authorized emergency vehicles':

"Authorized emergency vehicle' means vehicles of the fire department, police vehicles, ambulances, privately owned motor vehicles of volunteer or paid firemen, or privately owned motor vehicles of volunteer ambulance drivers or licensed ambulance drivers or attendants as are authorized by the department of state police.' [Emphasis added.]

The Michigan Vehicle Code, supra, Sec. 216, requires every motor vehicle, unless specifically excepted therein, to be registered. Vehicles of fire departments are not excepted in this provision. The Michigan Vehicle Code, supra, Sec. 224, does not exempt emergency vehicles from licensing requirements:

'Except as otherwise provided in this act regarding tabs or stickers, the secretary of state upon registering a vehicle shall issue to the owner 2 registration plates, except that only 1 plate shall be issued to motorcycles, farm wagons, and trailers.

'A registration plate shall have displayed upon it the registration number assigned to the vehicle for which it is issued, the name of this state, which may be abbreviated, and the year number for which it is issued or the date of expiration thereof which may be shown by a tab or sticker furnished by the secretary of state, except that a plate shall not bear a year number when issued for motor vehicles owned and operated by this state, a state institution, a municipality, or a nonpublic, nonprofit college or university of this state. . . .' [Emphasis added.]

In the Michigan Vehicle Code, supra, Sec. 801(1), the legislature has specified the fee for such registration:

'The secretary of state shall collect the following taxes at the time of registering a vehicle, . . .'

(f) For a motor vehicle owned and operated by this state, a state institution, a municipality, or a nonpublic, nonprofit college or university, $5.00 per set; and for each motor vehicle operating under municipal franchise, weighing less than 2,500 pounds, 65 cents per 100 pounds of the empty weight of the motor vehicle, weighing from 2,500 to 4,000 pounds, 80 cents per 100 pounds of the empty weight of the motor vehicle, weighing 4,001 to 6,000 pounds, $1.00 per 100 pounds of the empty weight of the motor vehicle, and weighing over 6,000 pounds, $1.25 per 100 pounds of the empty weight of the motor vehicle.'

OAG, 1961-1962, No 4108, pp 601, 602 (December 10, 1962), addressed the question of licensing of fire trucks and concluded:

'Fire trucks not being exempt from the registration provisions of the act are therefore required to bear license plates for the current year when operated or moved over the public highways.' [Emphasis added.]

The public highways include the streets of the municipality in which the fire department is located, the public thoroughfares of a neighboring community and interstate highways. See also OAG, 1961-1962, No 4031, p 519 (September 5, 1962).

It is my opinion, therefore, that a piece of fire apparatus must be registered and bear registration plates to travel within its own community, into another jurisdiction or on an interstate highway.

Frank J. Kelley

Attorney General


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