STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6292

May 8, 1985

MOTOR VEHICLES:

Assessment of points for conviction of offense involving operation of go-cart or similar self-propelled vehicle upon a public highway

The Secretary of State shall post to a driving record the conviction, civil infraction determination, or probate court finding of a Michigan Vehicle Code violation which occurred while operating a go-cart or similar self-propelled vehicle on a public highway.

Honorable Richard H. Austin

Secretary of State

State Treasury Building

Lansing, Michigan 48918

You have requested my opinion on the following question:

Your letter of request indicates that the question has arisen in the context of a record indicating a licensed driver was convicted of reckless driving of a go-cart on a public highway.

MCL 257.204a; MSA 9.1904(1), imposes a duty upon the Secretary of State to create and maintain an individual historical driving record for all persons licensed as operators or chauffeurs 'with respect to accidents in which the person is involved, moving violations for which the person is convicted or determined responsible, and revocations and suspensions of the person's operating privilege under this act.' (Emphasis added.)

In addition, as provided in MCL 257.320a; MSA 9.2020(1), the Secretary of State is required to enter upon the historical driving record of a person for certain convictions, civil infraction determinations or probate court findings, the number of points for each as enumerated therein, and for all 'other moving violations pertaining to the operation of motor vehicles reported under this section . . . 2 points.'

OAG, 1963-1964, No 4302, p 363 (April 9, 1964), concluded that conviction for failure to have proper equipment upon a motor vehicle being operated contrary to MCL 257.683; MSA 9.2383, was a conviction for a moving violation pertaining to operation of a motor vehicle for which two points were to be assessed.

For the purposes of the Michigan Vehicle Code, MCL 257.33; MSA 9.1833, defines the term 'motor vehicle' to mean 'every vehicle which is self-propelled.' 'Vehicle' is defined in MCL 257.79; MSA 9.1879, to mean

In Woods v Progressive Mutual Ins Co, 15 Mich App 335; 166 NW2d 613 (1968), lv den, 382 Mich 754 (1969), the Michigan Court of Appeals considered these statutes in the context of MCL 257.511 et seq; MSA 9.2211 et seq, the motor vehicle responsibility law, and concluded that a bulldozer was a motor vehicle in that it was a self-propelled device in, upon, or by which any person or property is or may be drawn upon a highway.

A 'go-cart' constructed of metal tubing, four small tires, a steering wheel, a lawnmower type of engine and gas and braking pedals was held to be a motor vehicle for purposes of the Vehicle and Traffic Law requiring certain equipment for operation on highways in Zapp v Ross Pontiac, Inc, 39 AD 2d 739; 332 NYS2d 121 (1972).

It is abundantly clear that a driver convicted of recklessly driving a go-cart on a highway was operating upon a public highway a self-propelled device in which a person was being transported.

It is my opinion, therefore, that the Secretary of State shall post to a driving record the conviction, civil infraction determination, or probate court finding of a Michigan Vehicle Code violation which occurred while operating a go-cart or similar self-propelled vehicle upon a public highway.

Frank J. Kelley

Attorney General