HOUSE BILL No. 5172 December 7, 1999, Introduced by Reps. Voorhees, Gosselin, Faunce, Kukuk, Pappageorge, Tabor, Garcia, Richner and Caul and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 312e (MCL 257.312e), as amended by 1991 PA 100. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 312e. (1) Except as provided in subsections (4), (5), 2 (6), (7), and (8), a person, before operating a vehicle towing a 3 vehicle having a gross vehicle weight rating over 10,000 pounds, 4 shall procure a group A vehicle designation on his or her 5 operator's or chauffeur's license. Unless an indorsement is 6 required, a person licensed to operate a group A vehicle may 7 operate a group B or C vehicle without taking another test. A 8 person, before operating a single vehicle having a gross vehicle 9 weight rating of 26,001 pounds or more, or any combination of 10 vehicles having a gross combination weight rating of 26,001 03777'99 TJS 2 1 pounds or more if the vehicle being towed does not have a gross 2 vehicle weight rating over 10,000 pounds, shall procure a group B 3 vehicle designation on his or her operator's or chauffeur's 4 license. Unless an indorsement is required, a person licensed to 5 operate a group B vehicle may operate a group C vehicle without 6 taking another test. A person, before operating a school trans- 7 portation vehicle or a single vehicle having a gross vehicle 8 weight rating under 26,001 pounds or a combination of vehicles 9 having a gross combination weight rating under 26,001 pounds if 10 the vehicle being towed does not have a gross vehicle weight 11 rating over 10,000 pounds and carrying hazardous materials on 12 which a placard is required under 49 C.F.R. parts 100 to 199, or 13 designed to transport 16 or more passengers including the driver, 14 shall procure a group C vehicle designation and a hazardous mate- 15 rial or passenger vehicle indorsement on his or her operator's or 16 chauffeur's license. An applicant for a vehicle group designa- 17 tion shall take knowledge and driving skills tests that comply 18 with minimum federal standards prescribed in 49 C.F.R. part 383 19 as required under this act. The license shall be issued, sus- 20 pended, revoked, canceled, or renewed in accordance with this 21 act. Except as provided in this subsection, all of the following 22 apply: 23 (a) A person who takes the driving test required under 24 section 312f for a group A vehicle designation in a combination 25 of vehicles having a gross combination weight rating under 26,001 26 pounds shall not operate a single vehicle having a gross vehicle 27 weight rating of 26,001 pounds or more, or any combination of 03777'99 3 1 vehicles having a gross combination weight rating of 26,001 2 pounds or more if the vehicle being towed has a gross vehicle 3 weight rating of 10,001 pounds or more or the towing vehicle has 4 a gross vehicle weight rating of 26,001 pounds or more. 5 (b) A person who has a group B vehicle designation that is 6 not restricted under this subsection and who takes the driving 7 test required under section 312f for a group A vehicle designa- 8 tion in a combination of vehicles having a gross combination 9 weight rating under 26,001 pounds shall not operate any combina- 10 tion of vehicles having a gross combination weight rating of 11 26,001 pounds or more if the vehicle being towed has a gross 12 vehicle weight rating of 10,001 pounds or more. 13 (c) A person who takes the driving test required under 14 section 312f for a group B vehicle designation in a combination 15 of vehicles in which the towing vehicle has a gross vehicle 16 weight rating under 26,001 pounds shall not operate a single 17 vehicle having a gross vehicle weight rating of 26,001 pounds or 18 more, or any combination of vehicles if the towing vehicle has a 19 gross vehicle weight rating of 26,001 pounds or more. 20 (2) A person, before operating a commercial motor vehicle 21 pulling double trailers, shall procure the appropriate vehicle 22 group designation and a T vehicle indorsement under this act. A 23 person, before operating a commercial motor vehicle that is a 24 tank vehicle, shall procure the appropriate vehicle group desig- 25 nation and an N vehicle indorsement under this act. A person, 26 before operating a commercial motor vehicle carrying hazardous 27 materials on which a placard is required under 49 C.F.R. parts 03777'99 4 1 100 to 199, shall procure the appropriate vehicle group 2 designation and an H vehicle indorsement under this act. A 3 person, before operating a commercial motor vehicle that is a 4 tank vehicle carrying hazardous material, shall procure the 5 appropriate vehicle group designation and both an N and H vehicle 6 indorsement, which combination vehicle indorsement shall be des- 7 ignated by the code letter X on the person's operator's or 8 chauffeur's license. A person, before operating a bus, school 9 bus, or school transportation vehicle, shall procure the appro- 10 priate vehicle group designation and a P vehicle indorsement 11 under this act. A person who fails the air brake portion of the 12 written or driving tests provided under section 312f or who takes 13 the driving test provided under that section in a commercial 14 motor vehicle that is not equipped with air brakes shall not 15 operate a commercial motor vehicle equipped with air brakes. One 16 or more indorsements may be necessary to operate a commercial 17 motor vehicle. An applicant for an indorsement shall take the 18 knowledge and driving skills tests described and required pursu- 19 ant to 49 C.F.R. part 383. Knowledge tests shall be limited to 20 that which a driver must have for the safe operation of a commer- 21 cial motor vehicle. The driver is not expected to have knowledge 22 of subjects, such as vehicle mechanics, that go beyond the scope 23 of the information necessary for safe operation of his or her 24 commercial motor vehicle. An applicant for a P vehicle indorse- 25 ment shall take the driving skills test in a bus or school bus. 26 (3) The holder of an unexpired operator's or chauffeur's 27 license may be issued a vehicle group designation and indorsement 03777'99 5 1 valid for the remainder of the license upon meeting the 2 qualifications of section 312f and payment of the original vehi- 3 cle group designation fee of $20.00 and an indorsement fee of 4 $5.00 per indorsement for a 4-year operator's or chauffeur's 5 license, payment of a vehicle group designation fee of $20.00 for 6 a 2-year operator's or chauffeur's license under section 314b and 7 an indorsement fee of $5.00 per indorsement, and a corrected 8 license fee of $6.00. A person required to procure an F vehicle 9 indorsement pursuant to subsection (5) shall pay an indorsement 10 fee of $5.00. 11 (4) Except as otherwise provided in subsections (5) and (6), 12 this section does not apply to a driver or operator of a vehicle 13 under all of the following conditions: 14 (a) The vehicle is controlled and operated by a farmer or an 15 employee or family member of the farmer. 16 (b) The vehicle is used to transport agricultural products, 17 farm machinery, farm supplies, or a combination of these items, 18 to or from a farm. 19 (c) The vehicle is not used in the operation of a common or 20 contract motor carrier. 21 (d) The vehicle is operated within 150 miles of the farm. 22 (5) A person, before driving or operating a combination of 23 vehicles having a gross vehicle weight rating of 26,001 pounds or 24 more on the power unit that is used as described in 25 subsection (4)(a) to (d), shall obtain an F vehicle indorsement. 26 The F vehicle indorsement shall be issued upon successful 27 completion of a knowledge test only. 03777'99 6 1 (6) A person, before driving or operating a single vehicle 2 truck having a gross vehicle weight rating of 26,001 pounds or 3 more or a combination of vehicles having a gross vehicle weight 4 rating of 26,001 pounds or more on the power unit that is used as 5 described in subsection (4)(a) to (d) for carrying hazardous 6 materials on which a placard is required under 49 C.F.R. parts 7 100 to 199, shall successfully complete both a knowledge test and 8 a driving skills test. Upon successful completion of the knowl- 9 edge test and driving skills test, the person shall be issued the 10 appropriate vehicle group designation and any vehicle indorsement 11 necessary under this act. 12 (7) This section does not apply to afire fighterPOLICE 13 OFFICER OPERATING AN AUTHORIZED EMERGENCY VEHICLE OR TO A 14 FIREFIGHTER operating an authorized emergency vehicle who has met 15 the driver training standards of the Michigan fire fighters' 16 training council. 17 (8) This section does not apply to a person operating a 18 motor home or a vehicle used exclusively to transport personal 19 possessions or family members for nonbusiness purposes. 20(9) A licensee who holds an operator's or chauffeur's21license with a class 1 indorsement issued before January 1, 1990,22may operate a single vehicle weighing over 24,000 pounds gross23vehicle weight without having been issued a group B vehicle des-24ignation on his or her license until the license expires as pro-25vided in subsection (10). A licensee who holds an operator's or26chauffeur's license with a class 2 indorsement issued before27January 1, 1990, may operate a combination of vehicles weighing03777'99 7 1over 24,000 pounds gross vehicle weight or a vehicle towing a2vehicle weighing over 10,000 pounds gross vehicle weight or a3single vehicle weighing over 24,000 pounds gross vehicle weight4without having been issued a group A or B vehicle designation on5his or her license until the license expires as provided in sub-6section (10). A licensee who holds an operator's or chauffeur's7license with a class 3 indorsement issued before January 1, 1990,8may operate a bus or school bus without having been issued a9vehicle group designation or passenger vehicle indorsement on his10or her license until the license expires as provided in subsec-11tion (10). A licensee who holds a chauffeur's license issued12before January 1, 1990 may operate a school transportation vehi-13cle without having been issued a vehicle group designation or14passenger vehicle indorsement on his or her license until the15license expires as provided in subsection (10).16(10) The class 1, class 2, or class 3 indorsement on a17person's operator's or chauffeur's license that expires after18March 31, 1992 shall expire on the person's next birthday after19March 31, 1991.20 (9)(11)The money received and collected under subsection 21 (3) for a vehicle group designation or indorsement shall be 22 deposited in the state treasury to the credit of the general 23 fund. The secretary of state shall refund out of the fees col- 24 lected to each county or municipality acting as an examining 25 officer or examining bureau $3.00 for each applicant examined for 26 a first designation or indorsement to a 4-year operator's or 27 chauffeur's license, $2.50 for each original designation or 03777'99 8 1 indorsement to a 2-year operator's or chauffeur's license, $1.50 2 for each renewal designation or indorsement to a 2- or 4-year 3 operator's or chauffeur's license, whose application is not 4 denied, on the condition that the money refunded shall be paid to 5 the county or local treasurer and is appropriated to the county, 6 municipality, or officer or bureau receiving that money for the 7 purpose of carrying out this act. 8 (10)(12)Notwithstanding any other provision of this sec- 9 tion, a person operating a vehicle described in subsections (4) 10 and (5) is subject to the provisions of sections 303 and 319b. 03777'99 Final page. TJS