HOUSE BILL NO. 5731
April 24, 2020, Introduced by Rep. Iden and
referred to the Committee on Government Operations.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 314 (MCL 257.314), as amended by 2011 PA 159, and by adding section 314c.
the people of the state of michigan enact:
Sec. 314. (1) Except as otherwise provided in this
section, operator's licenses and chauffeur's
licenses an operator's
license and chauffeur's license expire on the birthday of the person individual to whom the license is issued
in the fourth year following the date of the issuance of the license or on the
date the person individual is no longer considered to be legally
present in the United States under section 307, whichever is earlier, unless
suspended or revoked before that date. A license shall must not
be issued for a period longer than 4 years. A person An individual holding a license at any time 12
months before the expiration of his or her license may apply for a new license
as provided for in this chapter. A knowledge test for an original group
designation or indorsement may be taken at any time during this period and the
results are valid for 12 months. A license renewed under this subsection shall must be renewed for the time remaining on
the license before its renewal combined with the 4-year renewal period.
(2) The first operator's
license issued to a person an individual who at the time of
application is less than 20-1/2 years of age expires on the licensee's
twenty-first birthday or on the date the person individual is
no longer considered to be legally present in the United States under section
307, whichever is earlier, unless suspended or revoked.
(3) The first chauffeur's
license issued to a person an individual expires on the licensee's
birthday in the fourth year following the date of issuance or on the date the person individual is no longer considered to be
legally present in the United States under section 307, whichever is earlier,
unless the license is suspended or revoked before that date. The chauffeur's
license of a person an individual who at the time of
application is less than 20-1/2 years of age expires on the licensee's
twenty-first birthday or on the date the person individual is
no longer considered to be legally present in the United States under section
307, whichever is earlier, unless suspended or revoked. A subsequent
chauffeur's license expires on the birthday of the person individual to
whom the license is issued in the fourth year following the date of issuance of
the license or on the date the person individual is no longer considered to be
legally present in the United States under section 307, whichever is earlier,
unless the license is suspended or revoked before that date.
(4) A person An individual may apply for an extension
of his or her driving privileges if he or she is out of state on the date that
his or her operator's or chauffeur's license expires. The extension may extend
the license for 180 days beyond the expiration date or not more than 2 weeks
after the applicant returns to Michigan, whichever occurs first. This
subsection does not apply to a person an individual who fails to meet the
requirements of 49 CFR parts 383 and 391 with regard to medical certification
documentation requirements.
(5) The secretary of
state may issue a renewal operator's or chauffeur's license to a person an individual who will be out of state for
more than 180 days beyond the expiration date of his or her operator's or
chauffeur's license, if the secretary of state has a digital image of the person individual on file. The applicant for
this renewal shall submit a statement evidencing a vision examination in
accordance with the rules promulgated by the secretary of state under section
309 and any other statement required by this act or federal law. A person An individual is not eligible for
consecutive renewals of a license under this subsection. This subsection does
not apply to a person an individual who fails to meet the
requirements of 49 CFR parts 383 and 391 with regard to medical certification
documentation requirements, or a person an individual with a hazardous material
indorsement on his or her operator's or chauffeur's license.
(6) The secretary of state may check the applicant's driving record through the national driver register National Driver Register and the commercial driver license information system Commercial Driver's License Information System before issuing a renewal under this section.
Sec. 314c. (1) Notwithstanding any provisions
of this act to the contrary, during the state of emergency declared under
Executive Order No. 2020-33 or any extension of that order, an individual's
operator's license, chauffeur's license, commercial driver license, or
commercial learner's permit that expired or is set to expire between February
1, 2020 and May 31, 2020 is valid until June 30, 2020.
(2) Until June 30, 2020, a law enforcement officer shall not arrest an individual who operates a motor vehicle with an operator's license, chauffeur's license, commercial driver license, or commercial learner's permit that expired between February 1, 2020 and May 31, 2020. Nothing in this act prevents the secretary of state from suspending or revoking an operator's license, chauffeur's license, commercial driver license, commercial learner's permit, vehicle designations, or endorsements on an operator's license or chauffeur's license under this act.
(3) This section does not apply to the following:
(a) An individual whose operator's license, chauffeur's license, commercial driver license, or commercial learner's permit was revoked or suspended for driving offenses.
(b) An individual who, since his or her last medical certificate was issued, has been diagnosed with a medical condition that would disqualify the individual from operating a commercial vehicle.
(c) An individual who, since his or her last medical certificate was issued, has developed a condition that requires an exemption or skill performance evaluation from the Federal Motor Carrier Safety Administration.