Mich. Comp. Laws » Michigan Compiled Laws / Chapter 257 / Act 300 of 1949
Michigan Compiled Laws

Mich. Comp. Laws § 257.35a (2026)

“Operate” or “operating” defined.

✓ current as of July 2026
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MICHIGAN VEHICLE CODE


Act 300 of 1949


257.35a “Operate” or “operating” defined.

Sec. 35a.

    "Operate" or "operating" means 1 or more of the following:

    (a) Being in actual physical control of a vehicle. This subdivision applies regardless of whether or not the person is licensed under this act as an operator or chauffeur.

    (b) Causing an automated motor vehicle to move under its own power in automatic mode upon a highway or street regardless of whether the person is physically present in that automated motor vehicle at that time. This subdivision applies regardless of whether the person is licensed under this act as an operator or chauffeur. As used in this subdivision, "causing an automated motor vehicle to move under its own power in automatic mode" includes engaging the automated technology of that automated motor vehicle for that purpose.

History: Add. 1978, Act 139, Eff. May 1, 1979 ;-- Am. 1980, Act 515, Eff. Apr. 1, 1981 ;-- Am. 2013, Act 231, Eff. Mar. 27, 2014

Notes of Decisions
Cited in 26 cases (11 in the last 5 years), 1979–2026 · leading case: People v. Yamat, 714 N.W.2d 335 (Mich. 2006).
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People v. Yamat, 714 N.W.2d 335 (Mich. 2006). · cites it 8× “MCL 257.35a provides: "Operate" or "operating" means being in actual physical control of a vehicle regardless of whether or not the person is licensed under this act as an operator or chauffeur.”
City of Plymouth v. Longeway, 818 N.W.2d 419 (Mich. Ct. App. 2012). · cites it 8× “She moved to dismiss the charge, arguing that she was not “operating” the vehicle as defined in MCL 257.35a. The district court denied defendant’s motion, but the circuit court reversed and ordered that the charges be dismissed.”
People v. Jones, 860 N.W.2d 112 (Mich. 2014). · cites it 2× “” MCL 257.35a(a). 11 MCL 257.604 states: A person riding an animal or driving an animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all the duties, criminal penalties, and civil sanctions applicable to the driver of a vehicle by this…”
People v. Lechleitner, 804 N.W.2d 345 (Mich. Ct. App. 2010). “36 defines “operator” as “every person, other than a chauffeur, who is in actual physical control of a motor vehicle upon a highway.”
People v. Pomeroy, 276 N.W.2d 904 (Mich. Ct. App. 1979). · cites it 2× “In 1978 PA 139 , the Legislature redefined the term "operator" in the following manner: "`Operator' or `operating' means a person who drives or is in actual physical control of a vehicle regardless of whether or not the person is licensed under this act as an operator or a…”
North v. Kolomyjec, 502 N.W.2d 765 (Mich. Ct. App. 1993). “[MCL 257.35a; MSA 9.1835(1).] "Operator” means every person, other than a chauffeur, who is in actual physical control of a motor vehicle upon a highway.”
United States v. Fleming, 201 F. Supp. 2d 760 (E.D. Mich. 2002). · cites it 2× “§ 257.35a. Furthermore, thé Michigan Supreme Court has expressly recognized that “a conscious person in a stationary vehicle might have ‘actual physical control’ and thus operate it” for purposes of the Michigan motor vehicle statutes.”
Kuzinski v. Boretti, 451 N.W.2d 859 (Mich. Ct. App. 1989). “” MCL 257.35a; MSA 9.1835(1). While the term "negligent operation” is not limited to the actual driving of a vehicle upon a highway, see Wells v Dep’t of Corrections, 79 Mich App 166, 169 ; 261 NW2d 245 (1977), we do not believe it can be extended so far as to encompass the acts…”
People v. Yamat, 697 N.W.2d 157 (Mich. Ct. App. 2005). “” MCL 257.35a. The statute does not define “control,” but a dictionary indicates that it means “power or authority to guide or manage.”
People v. Pomeroy, 329 N.W.2d 697 (Mich. 1982). “In 1976, shortly after the defendants were convicted, the Legislature made it clear, at least in the case of the word "operate”, that its meaning paralleled that of the term "operator” by adding it to the definitional chapter of the Michigan Vehicle Code.”
People of Michigan v. Douglas Kim Eller (Mich. Ct. App. 2022). · cites it 3× “The jury instructions in this case were legally accurate—the instruction contained language from the very statute, MCL 257.35a, that defendant cites on appeal for the definition of operating a motor vehicle.”
Richard Finch Jr v. Russell Keith Gewin (Mich. Ct. App. 2023). · cites it 3× “16 Under MCL 257.35a, “ ‘[o]perate’ or ‘operating’ means” either “[b]eing in actual physical control of a vehicle,” or “[c]ausing an automated motor vehicle to move under its own power in automatic mode upon a highway or street regardless of whether the person is physically…”
Show all 26 citing cases →
— Mich. Comp. Laws § 257.35a(1)(a) — 2 cases
D People of Michigan v. Timothy John Otto (Mich. Ct. App. 2023).
People of Michigan v. Timothy John Otto (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 257.35a(a) — 10 cases
People v. Jones, 860 N.W.2d 112 (Mich. 2014). “” MCL 257.35a(a). 11 MCL 257.604 states: A person riding an animal or driving an animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all the duties, criminal penalties, and civil sanctions applicable to the driver of a vehicle by this…”
People of Michigan v. Douglas Kim Eller (Mich. Ct. App. 2022). “The jury instructions in this case were legally accurate—the instruction contained language from the very statute, MCL 257.35a, that defendant cites on appeal for the definition of operating a motor vehicle.”
People of Michigan v. Richard Travis Martin (Mich. Ct. App. 2024).
20250116_C367792_48_367792.Opn.Pdf (Mich. Ct. App. 2025).
People of Michigan v. Timothy Krzeminski (Mich. Ct. App. 2019).
— Mich. Comp. Laws § 257.35a(b) — 2 cases
People of Michigan v. Timothy Krzeminski (Mich. Ct. App. 2019).
Richard Finch Jr v. Russell Keith Gewin (Mich. Ct. App. 2023). “16 Under MCL 257.35a, “ ‘[o]perate’ or ‘operating’ means” either “[b]eing in actual physical control of a vehicle,” or “[c]ausing an automated motor vehicle to move under its own power in automatic mode upon a highway or street regardless of whether the person is physically…”
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