Michigan Compiled Laws
Mich. Comp. Laws § 257.36 (2026)
“Operator” or “operating” defined.
✓ current as of July 2026
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MICHIGAN VEHICLE CODE
Act 300 of 1949
257.36 “Operator” or “operating” defined.
Sec. 36.
"Operator" means a person, other than a chauffeur, who does either of the following:
(a) Operates a motor vehicle upon a highway or street.
(b) Operates an automated motor vehicle upon a highway or street.
History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 2013, Act 231, Eff. Mar. 27, 2014
Notes of Decisions
Cited in 20
cases (1 in the last 5 years), 1957–2024 · leading case: People v. Yamat, 714 N.W.2d 335 (Mich. 2006).
People v. Yamat, 714 N.W.2d 335 (Mich. 2006). “" MCL 257.36. In both definitions, the central focus is on "control.”
Fiser v. City of Ann Arbor, 339 N.W.2d 413 (Mich. 1983). “I agree that, as a matter of law, Officer Terry's conduct cannot, on the facts alleged and as developed in the pretrial exhibits, affidavits, and testimony, result in liability for the plaintiff's injuries because Terry was not an "operator" of either of the emergency vehicles…”
People v. Wood, 538 N.W.2d 351 (Mich. 1995). “[8] MCL 257.36; MSA 9.1836. [9] Id., p 446. [10] Id.”
People v. Pomeroy, 276 N.W.2d 904 (Mich. Ct. App. 1979). “Thus, when called upon in other contexts to determine the scope of the term "operate", Michigan appellate courts have not limited that term to situations where a motor vehicle was being propelled. In recognition of the important public policy underlying the legislative…”
People v. Burton, 651 N.W.2d 143 (Mich. Ct. App. 2002). “” MCL 257.36. If we were to assume that the Legislature intended that the verb “operate” were to be defined in terms of the noun “operator,” then given the exclusion of chauffeur from the definition of operator we would have to conclude that a chauffeur cannot operate a motor…”
City of Plymouth v. Longeway, 818 N.W.2d 419 (Mich. Ct. App. 2012). “The Court cited the definition of “operator” in MCL 257.36 as “one who is in ‘actual physical control’ of a motor vehicle.”
People v. Pomeroy, 355 N.W.2d 98 (Mich. 1984). “” MCL 257.36; MSA 9.1836. Here the car was motionless and the driver was asleep at the time of his arrest in each case.”
Cooper v. Wade, 554 N.W.2d 919 (Mich. Ct. App. 1996). “) The use of this definition by the Court supports defendants' argument that the decision to initiate and continue pursuit is not "operation" because it is not "actual physical control" of the vehicle.”
People v. Lyon, 577 N.W.2d 124 (Mich. Ct. App. 1998). “1 Section 36 of the Michigan Vehicle Code, MCL 257.36; MSA 9.1836, defines an “operator” as anyone “in actual physical control of a motor vehicle upon a highway.”
People v. Lechleitner, 804 N.W.2d 345 (Mich. Ct. App. 2010). “” MCL 257.36 defines “operator” as “every person, other than a chauffeur, who is in actual physical control of a motor vehicle upon a highway.”
Flager v. Associated Truck Lines, Inc, 216 N.W.2d 922 (Mich. Ct. App. 1974). “MCLA 257.36; MSA 9.1836 defines operator as "every person, other than a chauffeur, who is in actual physical control of a motor vehicle upon a highway".”
People v. Stephen, 685 N.W.2d 309 (Mich. Ct. App. 2004). “] Section 36 of the Michigan Vehicle Code, MCL 257.36; MSA 9.1836, defines an “operator” as anyone “in actual physical control of a motor vehicle upon a highway.”
— Mich. Comp. Laws § 257.36(1) — 1 case
Kenneth Bertin v. Douglas Mann (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 257.36(a) — 1 case
Patty Parker v. Canal Ins. Co. (Mich. Ct. App. 2024).
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