HB-5802, As Passed House, May 19, 2004
SUBSTITUTE FOR
HOUSE BILL NO. 5802
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 8a, 65, 204a, 208, 303, 306, 307, 309, 310e,
312b, 312e, 312f, 313, 314, 316, 317, 319, 319b, 319c, 320a,
321a, 323c, 708b, 732, 812, and 904 (MCL 257.8a, 257.65,
257.204a, 257.208, 257.303, 257.306, 257.307, 257.309, 257.310e,
257.312b, 257.312e, 257.312f, 257.313, 257.314, 257.316, 257.317,
257.319, 257.319b, 257.319c, 257.320a, 257.321a, 257.323c,
257.708b, 257.732, 257.812, and 257.904), section 8a as amended
by 1998 PA 356, sections 65, 319b, 320a, 321a, and 732 as amended
by 2004 PA 62, section 204a as amended by 1999 PA 73, section 208
as amended by 1997 PA 100, sections 303 and 319 as amended by
2003 PA 61, sections 306 and 310e as amended by 2004 PA 71,
section 307 as amended by 2004 PA 52, sections 309, 312f, 319c,
323c, and 904 as amended by 2002 PA 534, section 312b as amended
by 2003 PA 103, sections 312e and 812 as amended by 2003 PA 152,
section 313 as amended by 1991 PA 99, section 314 as amended by
2002 PA 554, section 317 as amended by 1993 PA 359, and section
708b as added by 1991 PA 55; and to repeal acts and parts of
acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 8a.
"Conviction" means a any of the following:
2 (a) A final conviction, the payment of a fine, a plea of
3 guilty or nolo contendere if accepted by the court, or a finding
4 of guilt for a criminal law violation or a juvenile adjudication,
5 probate court disposition, or juvenile disposition for a
6 violation that if committed by an adult would be a crime,
7 regardless of whether the penalty is rebated or suspended.
8 (b) A conviction defined in federal law under 49 CFR 383.5,
9 regarding the operation of a commercial motor vehicle or the
10 operation of a noncommercial motor vehicle operated by a person
11 licensed to operate a commercial motor vehicle.
12 Sec. 65. "State" means any state, territory, or possession
13 of the United States, Indian country as defined in 18 USC 1151,
14 the District of Columbia, the Dominion of Canada, or any province
15 or territory of the Dominion of Canada.
16 Sec. 204a. (1) The secretary of state shall create and
17 maintain a computerized central file that provides an individual
18 , historical driving record for a person , including
a
19 nonresident, with respect to all of the following:
20 (a) A license issued to the person under chapter 3.
21 (b) A conviction,
or civil infraction determination, or
1 other licensing action that is entered against the person for a
2 violation of this act or a local ordinance substantially
3 corresponding to a provision of this act, or that is reported to
4 the secretary of state by another jurisdiction.
5 (c) A failure of the person, including a nonresident, to
6 comply with a suspension issued pursuant to section 321a.
7 (d) A cancellation, denial, revocation, suspension, or
8 restriction of the person's operating privilege, a failure to pay
9 a department of state driver responsibility fee, or other
10 licensing action regarding that person, under this act or that is
11 reported to the secretary of state by another jurisdiction. This
12 subdivision also applies to nonresidents.
13 (e) An accident in which the person is involved.
14 (f) A conviction of the person for an offense described in
15 section 319e.
16 (g) Any driving record requested and received by the
17 secretary of state under section 307.
18 (h) Any notice given by the secretary of state and the
19 information provided in that notice under section 317(3) or (4).
20 (i) (g) Any
other information received by the secretary of
21 state regarding the person that is required to be maintained as
22 part of the person's driving record as provided by law.
23 (2) A secretary of state certified computer-generated or
24 paper copy of an order, record, or paper maintained in the
25 computerized central file of the secretary of state is admissible
26 in evidence in the same manner as the original and is prima facie
27 proof of the contents of and the facts stated in the original.
1 (3) An order, record, or paper generated by the computerized
2 central file of the secretary of state may be certified
3 electronically by the generating computer. The certification
4 shall be a certification of the order, record, or paper as it
5 appeared on a specific date.
6 (4) A court or the office of the clerk of a court of this
7 state which is electronically connected by a terminal device to
8 the computerized central file of the secretary of state may
9 receive into and use as evidence in any case the
10 computer-generated certified information obtained by the terminal
11 device from the file. A duly authorized employee of a court of
12 record of this state may order a record for an individual from a
13 secretary of state computer terminal device located in, and under
14 the control of, the court, and certify in writing that the
15 document was produced from the terminal and that the document was
16 not altered in any way.
17 (5) After receiving a request for information contained in
18 records maintained under this section, the secretary of state
19 shall provide the information, in a form prescribed by the
20 secretary of state, to any of the following:
21 (a) Another state.
22 (b) The United States secretary of transportation.
23 (c) The person who is the subject of the record.
24 (d) A motor carrier employer or prospective motor carrier
25 employer, but only if the person who is the subject of the record
26 is first notified of the request as prescribed by the secretary
27 of state.
1 (e) An authorized agent of a person or entity listed in
2 subdivisions (a) to (d).
3 Sec. 208. (1) Except as otherwise specified in this
4 section, the secretary of state may destroy any department
5 records maintained on file for 7 years, including the information
6 contained in the central file maintained under section 204a.
7 (2) Records Except
as otherwise provided in this section,
8 records of convictions of any offense for which points are
9 provided under section 320a(1)(a), (b), (c), or (g) or section
10 320a(8) may be destroyed after being maintained on file for 10
11 years.
12 (3) If a person who is a commercial license holder or a
13 noncommercial license holder who operates a commercial motor
14 vehicle is convicted, under a law of this state, a local
15 ordinance substantially corresponding to a law of this state, or
16 a law of another state substantially corresponding to a law of
17 this state, of any of the following violations, the record of
18 that conviction shall be maintained for the life of the person or
19 until the person moves to another jurisdiction:
20 (a) Operating a vehicle in violation of section 625.
21 (b) Operating a commercial motor vehicle in violation of
22 section 625m.
23 (c) Leaving the scene of an accident.
24 (d) Using a vehicle to commit a felony.
25 (e) Refusing to take an alcohol or controlled substance test
26 required under this act.
27 (f) Operating a commercial motor vehicle when the person's
1 operator's or chauffeur's license or vehicle group designation is
2 suspended, revoked, or canceled as a result of prior violations
3 committed while operating a commercial motor vehicle.
4 (g) Operating a commercial motor vehicle when the person is
5 disqualified from operating a commercial motor vehicle.
6 (h) Causing any fatality through the negligent operation of a
7 commercial motor vehicle.
8 (4) (3) Records
of stolen vehicles reported in section 253
9 may be destroyed after being maintained on file for the year of
10 entry plus 4 years.
11 (5) (4) Except
as otherwise specified in this act, records
12 the secretary of state considers obsolete and of no further
13 service in carrying out the department's powers and duties may be
14 destroyed upon that determination.
15 (6) (5) If
a record of suspension under section 321a does
16 not contain a conviction for a violation of section 904 or a
17 local ordinance substantially corresponding to section 904 during
18 the period of suspension, the secretary of state may destroy the
19 record 180 days after the suspension terminates or as provided in
20 subsections (1) to (4)
(5).
21 (7) (6) The
secretary of state may destroy a record of
22 receipt of the notice provided for in section 321a(7) after the
23 court involved informs the secretary of state that all
24 outstanding matters regarding section 321a(7) have been
25 resolved.
26 (8) (7) The
secretary of state may destroy a record
27 maintained pursuant to section 204a 180 days after the
1 nonresident driver against whom a civil infraction determination
2 is entered complies with an order or judgment issued pursuant to
3 section 907.
4 Sec. 303. (1) The secretary of state shall not issue a
5 license under this act to any of the following persons:
6 described in
subdivisions (a) through (l):
7 (a) A person, as an operator, who is less than 18 years of
8 age, except as otherwise provided in this act.
9 (b) A person, as a chauffeur, who is less than 18 years of
10 age, except as otherwise provided in this act.
11 (c) A person whose license is suspended, revoked, denied, or
12 canceled in any state. If the suspension, revocation, denial, or
13 cancellation is not from the jurisdiction that issued the last
14 license to the person, the secretary of state may issue a license
15 after the expiration of 5 years from the effective date of the
16 most recent suspension, revocation, denial, or cancellation.
17 (d) A person who in the opinion of the secretary of state is
18 afflicted with or suffering from a physical or mental disability
19 or disease preventing that person from exercising reasonable and
20 ordinary control over a motor vehicle while operating the motor
21 vehicle upon the highways.
22 (e) A person who is unable to understand highway warning or
23 direction signs in the English language.
24 (f) A person who is unable to pass a knowledge, skill, or
25 ability test administered by the secretary of state in connection
26 with the issuance of an original operator's or chauffeur's
27 license, original motorcycle indorsement, or an original or
1 renewal of a vehicle group designation or vehicle indorsement.
2 (g) A person who has been convicted of, has received a
3 juvenile disposition for, or has been determined responsible for
4 2 or more moving violations under a law of this state, a local
5 ordinance substantially corresponding to a law of this state, or
6 a law of another state substantially corresponding to a law of
7 this state within the preceding 3 years, if the violations
8 occurred before issuance of an original license to the person in
9 this or another state.
10 (h) A nonresident including a foreign exchange student.
11 (i) A person who has failed to answer a citation or notice to
12 appear in court or for any matter pending or fails to comply with
13 an order or judgment of the court, including, but not limited to,
14 paying all fines, costs, fees, and assessments, in violation of
15 section 321a, until that person answers the citation or notice to
16 appear in court or for any matter pending or complies with an
17 order or judgment of the court, including, but not limited to,
18 paying all fines, costs, fees, and assessments, as provided under
19 section 321a.
20 (j) A person not licensed under this act who has been
21 convicted of, has received a juvenile disposition for, or has
22 been determined responsible for a crime or civil infraction
23 described in section 319, 324, or 904. A person shall be denied
24 a license under this subdivision for the length of time
25 corresponding to the period of the licensing sanction that would
26 have been imposed under section 319, 324, or 904 if the person
27 had been licensed at the time of the violation.
1 (k) A person not licensed under this act who has been
2 convicted of or received a juvenile disposition for committing a
3 crime described in section 319e. A person shall be denied a
4 license under this subdivision for the length of time that
5 corresponds to the period of the licensing sanction that would
6 have been imposed under section 319e if the person had been
7 licensed at the time of the violation.
8 (l) A person not licensed under this act who is determined to
9 have violated section 33b(1) of former 1933 (Ex Sess) PA 8,
10 section 703(1) of the Michigan liquor control code of 1998, 1998
11 PA 58, MCL 436.1703, or section 624a or 624b of this act. The
12 person shall be denied a license under this subdivision for a
13 period of time that corresponds to the period of the licensing
14 sanction that would have been imposed under those sections had
15 the person been licensed at the time of the violation.
16 (2) (m) The
secretary of state may deny issuance of an
17 operator's license until the age of 17 to a person not licensed
18 under this act who was convicted of or received a juvenile
19 disposition for violating or attempting to violate
20 section 411a(2) of the Michigan penal code, 1931 PA 328, MCL
21 750.411a, involving a school when he or she was less than 14
22 years of age. A person not issued a license under this
23 subdivision is not eligible to begin graduated licensing training
24 until he or she attains 16 years of age.
25 (3) (n) The
secretary of state may deny issuance of an
26 operator's license to a person less than 21 years of age not
27 licensed under this act who was convicted of or has received a
1 juvenile disposition for violating or attempting to violate
2 section 411a(2) of the Michigan penal code, 1931 PA 328, MCL
3 750.411a, involving a school when he or she was 14 years of age
4 or older, until 3 years after the date of the conviction or
5 juvenile disposition. A person not issued a license under this
6 subdivision is not eligible to begin graduated licensing training
7 or otherwise obtain an original operator's or chauffeur's license
8 until 3 years after the date of the conviction or juvenile
9 disposition.
10 (4) The secretary of state shall deny issuance of a vehicle
11 group designation to a person if the person has been disqualified
12 by the United States secretary of transportation from operating a
13 commercial motor vehicle.
14 (5) (2) Upon
receiving the appropriate records of
15 conviction, the secretary of state shall revoke the operator's or
16 chauffeur's license of a person and deny issuance of an
17 operator's or chauffeur's license to a person having any of the
18 following, whether under a law of this state, a local ordinance
19 substantially corresponding to a law of this state, or a law of
20 another state substantially corresponding to a law of this
21 state:
22 (a) Any combination of 2 convictions within 7 years for
23 reckless driving in violation of section 626.
24 (b) Any combination of 2 or more convictions within 7 years
25 for any of the following:
26 (i) A felony in which a motor vehicle was used.
27 (ii) A violation or attempted violation of section 601b(2) or
1 (3), section 601c(1) or (2), section 602a(4) or (5), section 617,
2 section 653a(3) or (4), or section 904(4) or (5).
3 (iii) Negligent homicide, manslaughter, or murder resulting
4 from the operation of a vehicle or an attempt to commit any of
5 those crimes.
6 (iv) A violation or attempted violation of section 479a(4) or
7 (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.
8 (c) Any combination of 2 convictions within 7 years for any
9 of the following or a combination of 1 conviction for a violation
10 or attempted violation of section 625(6) and 1 conviction for any
11 of the following within 7 years:
12 (i) A violation or attempted violation of section 625, except
13 a violation of section 625(2), or a violation of any prior
14 enactment of section 625 in which the defendant operated a
15 vehicle while under the influence of intoxicating or alcoholic
16 liquor or a controlled substance, or a combination of
17 intoxicating or alcoholic liquor and a controlled substance, or
18 while visibly impaired, or with an unlawful bodily alcohol
19 content.
20 (ii) A violation or attempted violation of section 625m.
21 (iii) Former section 625b.
22 (d) One conviction for a violation or attempted violation of
23 section 315(5), section 601b(3), section 601c(2), section 602a(4)
24 or (5), section 617, section 625(4) or (5), section 653a(4), or
25 section 904(4) or (5).
26 (e) One conviction of negligent homicide, manslaughter, or
27 murder resulting from the operation of a vehicle or an attempt to
1 commit any of those crimes.
2 (f) One conviction for a violation or attempted violation of
3 section 479a(4) or (5) of the Michigan penal code, 1931 PA 328,
4 MCL 750.479a.
5 (g) Any combination of 3 convictions within 10 years for any
6 of the following or 1 conviction for a violation or attempted
7 violation of section 625(6) and any combination of 2 convictions
8 for any of the following within 10 years, if any of the
9 convictions resulted from an arrest on or after January 1, 1992:
10 (i) A violation or attempted violation of section 625, except
11 a violation of section 625(2), or a violation of any prior
12 enactment of section 625 in which the defendant operated a
13 vehicle while under the influence of intoxicating or alcoholic
14 liquor or a controlled substance, or a combination of
15 intoxicating or alcoholic liquor and a controlled substance, or
16 while visibly impaired, or with an unlawful bodily alcohol
17 content.
18 (ii) A violation or attempted violation of section 625m.
19 (iii) Former section 625b.
20 (6) (3) The
secretary of state shall revoke a license under
21 subsection (2) (5)
notwithstanding a court order unless the
22 court order complies with section 323.
23 (7) (4) The
secretary of state shall not issue a license
24 under this act to a person whose license has been revoked under
25 this act or revoked and
denied under subsection (2) (5) until
26 all of the following occur, as applicable:
27 (a) The later of the following:
1 (i) The expiration of not less than 1 year after the license
2 was revoked or denied.
3 (ii) The expiration of not less than 5 years after the date
4 of a subsequent revocation or denial occurring within 7 years
5 after the date of any prior revocation or denial.
6 (b) For a denial
under subsection (2)(a) (5)(a), (b), (c),
7 and (g), the person rebuts by clear and convincing evidence the
8 presumption resulting from the prima facie evidence that he or
9 she is a habitual offender. The convictions that resulted in the
10 revocation and denial constitute prima facie evidence that he or
11 she is a habitual offender.
12 (c) The person meets the requirements of the department.
13 (8) (5) Multiple
convictions or civil infraction
14 determinations resulting from the same incident shall be treated
15 as a single violation for purposes of denial or revocation of a
16 license under this section.
17 (9) (6) As
used in this section, "felony in which a motor
18 vehicle was used" means a felony during the commission of which
19 the person operated a motor vehicle and while operating the
20 vehicle presented real or potential harm to persons or property
21 and 1 or more of the following circumstances existed:
22 (a) The vehicle was used as an instrument of the felony.
23 (b) The vehicle was used to transport a victim of the
24 felony.
25 (c) The vehicle was used to flee the scene of the felony.
26 (d) The vehicle was necessary for the commission of the
27 felony.
1 Sec. 306. (1) The secretary of state, upon receiving an
2 application for a temporary instruction permit from a person who
3 is 18 years of age or older, may issue that permit entitling the
4 applicant, while carrying the permit, to drive a motor vehicle
5 other than a motor vehicle requiring an indorsement under section
6 312a or a vehicle group designation under section 312e upon the
7 highways for a period of 180 days when accompanied by a licensed
8 adult operator or chauffeur who is actually occupying a seat
9 beside the driver.
10 (2) The secretary of state may issue an original operator's
11 license and designate level 1, 2, or 3 graduated licensing
12 provisions to a person who is less than 18 years of age, has been
13 licensed in another state or country, and has satisfied the
14 applicable requirements of section 310e.
15 (3) A student enrolled in a driver education course as that
16 term is defined in section 1 of the driver education and training
17 schools act, 1974 PA 369, MCL 256.601, or a motorcycle safety
18 course approved by the department of state may operate a motor
19 vehicle without holding an operator's license or permit while
20 under the direct supervision of the program instructor.
21 (4) A student enrolled in a driver education course as that
22 term is defined in section 1 of the driver education and training
23 schools act, 1974 PA 369, MCL 256.601, and who has successfully
24 completed 10 hours of classroom instruction and the equivalent of
25 2 hours of behind-the-wheel training may be issued a temporary
26 driver education certificate furnished by the department of state
27 that authorizes a student to drive a motor vehicle, other than a
1 motor vehicle requiring an indorsement pursuant to section 312a
2 or a vehicle group designation pursuant to section 312e, when
3 accompanied by a licensed parent or guardian, or when accompanied
4 by a nonlicensed parent or guardian and a licensed adult for the
5 purpose of receiving additional instruction until the end of the
6 student's driver education course.
7 (5) The secretary of state, upon receiving proper application
8 from a person 16 or 17 years of age who is enrolled in or has
9 successfully completed an approved motorcycle safety course under
10 section 811a, or a person who is 18 years of age or older and who
11 holds a valid operator's or chauffeur's license, may issue a
12 motorcycle temporary instruction permit entitling the applicant,
13 while carrying the permit, to operate a motorcycle upon the
14 public streets and highways for a period of 180 days, but only
15 when under the constant visual supervision of a licensed
16 motorcycle operator at least 18 years of age. The applicant
17 shall not operate the motorcycle at night or with a passenger.
18 (6) The secretary of state, upon receiving proper application
19 from a person who is 18 years of age or older, who holds a valid
20 operator's or chauffeur's license other than a restricted
21 license, and who has passed the knowledge test for an original
22 vehicle group designation or indorsement, may issue a temporary
23 instruction permit entitling the person, while carrying the
24 permit, to drive a vehicle requiring a vehicle group designation
25 or vehicle group indorsement under section 312e upon the streets
26 and highways for a period of 180 days, but only when accompanied
27 by a licensed adult operator or chauffeur who is licensed with
1 the appropriate vehicle group designation and indorsement for the
2 vehicle group being driven and who is actually occupying a seat
3 beside the driver, or behind the driver if the permittee is
4 driving a bus or school bus. In addition, if a permittee is
5 enrolled in a driver training program for drivers of motor
6 vehicles requiring a vehicle group designation or vehicle group
7 indorsement under section 312e, which program is conducted by a
8 college, a university, a school licensed by the department under
9 the driver education and training schools act, 1974 PA 369,
10 MCL 256.601 to 256.612, or a local or intermediate school
11 district, the permittee may drive a vehicle requiring a vehicle
12 group designation or vehicle group indorsement on the streets and
13 highways of this state for a period of 180 days when accompanied
14 by an instructor licensed with the appropriate vehicle group
15 designation and indorsement for the vehicle being driven who is
16 either occupying the seat beside the driver or in direct visual
17 and audio communication with the permittee. A person issued a
18 temporary instruction permit under this section shall not operate
19 a vehicle designed to carry 16 or more passengers that is
20 transporting passengers except with an instructor licensed with
21 the appropriate vehicle group designation and indorsement for the
22 vehicle being driven or a driver skills test examiner.
23 Sec. 307. (1) An applicant for an operator's or chauffeur's
24 license shall supply a birth certificate attesting to his or her
25 age or other sufficient documents or identification as the
26 secretary of state may require. An application for an operator's
27 or chauffeur's license shall be made in a manner prescribed by
1 the secretary of state and shall contain all of the following:
2 (a) The applicant's full name, date of birth, residence
3 address, height, sex, eye color, signature, other information
4 required or permitted on the license under this chapter, and, to
5 the extent required to comply with federal law, the applicant's
6 social security number. The applicant may provide a mailing
7 address if the applicant receives mail at an address different
8 from his or her residence address.
9 (b) The following notice shall be included to inform the
10 applicant that under sections 509o and 509r of the Michigan
11 election law, 1954 PA 116, MCL 168.509o and 168.509r, the
12 secretary of state is required to use the residence address
13 provided on this application as the applicant's residence address
14 on the qualified voter file for voter registration and voting:
15 "NOTICE: Michigan law requires that the same address be used
16 for voter registration and driver license purposes. Therefore,
17 if the residence address you provide in this application
18 differs from your voter registration address as it appears on
19 the qualified voter file, the secretary of state will
20 automatically change your voter registration to match the
21 residence address on this application, after which your voter
22 registration at your former address will no longer be valid for
23 voting purposes. A new voter registration card, containing the
24 information of your polling place, will be provided to you by
25 the clerk of the jurisdiction where your residence address is
26 located.".
1 (c) For an original or renewal operator's or chauffeur's
2 license with a vehicle group designation or indorsement, the
3 names of all states where the applicant has been licensed to
4 drive any type of motor vehicle during the previous 10 years.
5 (d) (c) For
an operator's or chauffeur's license with a
6 vehicle group designation or indorsement, the following
7 certifications by the applicant:
8 (i) The applicant meets the applicable federal driver
9 qualification requirements under 49 CFR part 391 if the applicant
10 operates or intends to operate in interstate commerce or meets
11 the applicable qualifications under the rules promulgated by the
12 department of state police under the motor carrier safety act of
13 1963, 1963 PA 181, MCL 480.11 to 480.22, if the applicant
14 operates or intends to operate in intrastate commerce.
15 (ii) The vehicle in which the applicant will take the driving
16 skills tests is representative of the type of vehicle the
17 applicant operates or intends to operate.
18 (iii) The applicant is not subject to disqualification by the
19 United States secretary of transportation, or a suspension,
20 revocation, or cancellation under any state law for conviction of
21 an offense described in section 312f or 319b.
22 (iv) The applicant does not have a driver's license from more
23 than 1 state or jurisdiction.
24 (e) (d) An
applicant for an operator's or chauffeur's
25 license with a vehicle group designation and a hazardous material
26 indorsement (H vehicle indorsement) shall provide his or her
27 fingerprints that were taken by a law enforcement official or a
1 designated representative for investigation as required by the
2 uniting and strengthening America by providing appropriate tools
3 required to intercept and obstruct terrorism (USA PATRIOT ACT)
4 Act of 2001, Public Law 107-56.
5 (2) Except as provided in this subsection, an applicant for
6 an operator's or chauffeur's license may have his or her image
7 and signature captured or reproduced when the application for the
8 license is made. An applicant required under section 5a of the
9 sex offenders registration act, 1994 PA 295, MCL 28.725a, to
10 maintain a valid operator's or chauffeur's license or official
11 state personal identification card shall have his or her image
12 and signature captured or reproduced when the application for the
13 license is made. The secretary of state shall acquire by
14 purchase or lease the equipment for capturing the images and
15 signatures and may furnish the equipment to a local unit
16 authorized by the secretary of state to license drivers. The
17 secretary of state shall acquire equipment purchased or leased
18 pursuant to this section under standard purchasing procedures of
19 the department of management and budget based on standards and
20 specifications established by the secretary of state. The
21 secretary of state shall not purchase or lease equipment until an
22 appropriation for the equipment has been made by the
23 legislature. An image and signature captured pursuant to this
24 section shall appear on the applicant's operator's or chauffeur's
25 license. Except as provided in this subsection, the secretary of
26 state may retain and use a person's image and signature described
27 in this subsection only for programs administered by the
1 secretary of state. Except as provided in this subsection, the
2 secretary of state shall not use a person's image or signature,
3 or both, unless the person grants written permission for that
4 purpose to the secretary of state or specific enabling
5 legislation permitting the use is enacted into law. A law
6 enforcement agency of this state has access to information
7 retained by the secretary of state under this subsection. The
8 information may be utilized for any law enforcement purpose
9 unless otherwise prohibited by law. The department of state
10 police shall provide to the secretary of state updated lists of
11 persons required to be registered under the sex offenders
12 registration act, 1994 PA 295, MCL 28.721 to 28.732, and the
13 secretary of state shall make the images of those persons
14 available to the department of state police as provided in that
15 act.
16 (3) An application shall contain a signature or verification
17 and certification by the applicant, as determined by the
18 secretary of state, and shall be accompanied by the proper fee.
19 The secretary of state shall collect the application fee with the
20 application. The secretary of state shall refund the application
21 fee to the applicant if the license applied for is denied, but
22 shall not refund the fee to an applicant who fails to complete
23 the examination requirements of the secretary of state within 90
24 days after the date of application for a license.
25 (4) In conjunction with the issuance of an operator's or
26 chauffeur's license, the secretary of state shall do all of the
27 following:
1 (a) Provide the applicant with all of the following:
2 (i) Written information explaining the applicant's right to
3 make an anatomical gift in the event of death in accordance with
4 section 310.
5 (ii) Written information describing the organ donation
6 registry program maintained by Michigan's federally designated
7 organ procurement organization or its successor organization.
8 The written information required under this subparagraph shall
9 include, in a type size and format that is conspicuous in
10 relation to the surrounding material, the address and telephone
11 number of Michigan's federally designated organ procurement
12 organization or its successor organization, along with an
13 advisory to call Michigan's federally designated organ
14 procurement organization or its successor organization with
15 questions about the organ donor registry program.
16 (iii) Written information giving the applicant the
17 opportunity to be placed on the organ donation registry described
18 in subparagraph (ii).
19 (b) Provide the applicant with the opportunity to specify on
20 his or her operator's or chauffeur's license that he or she is
21 willing to make an anatomical gift in the event of death in
22 accordance with section 310.
23 (c) Inform the applicant in writing that, if he or she
24 indicates to the secretary of state under this section a
25 willingness to have his or her name placed on the organ donor
26 registry described in subdivision (a)(ii), the secretary of state
27 will forward the applicant's name and address to the organ
1 donation registry maintained by Michigan's federally designated
2 organ procurement organization or its successor organization, as
3 required by subsection (6).
4 (5) The secretary of state may fulfill the requirements of
5 subsection (4) by 1 or more of the following methods:
6 (a) Providing printed material enclosed with a mailed notice
7 for an operator's or chauffeur's license renewal or the issuance
8 of an operator's or chauffeur's license.
9 (b) Providing printed material to an applicant who personally
10 appears at a secretary of state branch office.
11 (c) Through electronic information transmittals for
12 operator's and chauffeur's licenses processed by electronic
13 means.
14 (6) If an applicant indicates a willingness under this
15 section to have his or her name placed on the organ donor
16 registry described in subsection (4)(a)(ii), the secretary of
17 state shall within 10 days forward the applicant's name and
18 address to the organ donor registry maintained by Michigan's
19 federally designated organ procurement organization or its
20 successor organization. The secretary of state may forward
21 information under this subsection by mail or by electronic
22 means. The secretary of state shall not maintain a record of the
23 name or address of an individual who indicates a willingness to
24 have his or her name placed on the organ donor registry after
25 forwarding that information to the organ donor registry under
26 this subsection. Information about an applicant's indication of
27 a willingness to have his or her name placed on the organ donor
1 registry that is obtained by the secretary of state under
2 subsection (4) and forwarded under this subsection is exempt from
3 disclosure under the freedom of information act, 1976 PA 442,
4 MCL 15.231 to 15.246, pursuant to section 13(1)(d) of the freedom
5 of information act, 1976 PA 442, MCL 15.243.
6 (7) If an application is received from a person previously
7 licensed in another jurisdiction, the secretary of state shall
8 request a copy of the applicant's driving record and other
9 available information from the national driver register. When
10 received, the driving record and other available information
11 become a part of the driver's record in this state.
12 (8) If the
an application is received for an original,
13 renewal, or upgrade of a vehicle group designation or
14 indorsement, the secretary of state shall request the person's
15 complete driving record from all states where the applicant was
16 previously licensed to drive any type of motor vehicle over the
17 last 10 years before issuing a vehicle group designation or
18 indorsement to the applicant. If the applicant does not hold a
19 valid commercial motor vehicle driver license from a state where
20 he or she was licensed in the last 10 years, this complete
21 driving record request must be made not earlier than 24 hours
22 before the secretary of state issues the applicant a vehicle
23 group designation or indorsement. For all other drivers, this
24 request must be made not earlier than 10 days before the
25 secretary of state issues the applicant a vehicle group
26 designation or indorsement. The secretary of state shall also
27 check the applicant's driving record with the national driver
1 register and the federal commercial driver license information
2 system before issuing that group designation or indorsement. If
3 the application is for the renewal of a vehicle group designation
4 or indorsement, and if the secretary of state enters on the
5 person's historical driving record maintained under section 204a
6 a notation that the request was made and the date of the request,
7 the secretary of state is required to request the applicant's
8 complete driving record from other states only once under this
9 section.
10 (9) (8) Except
for a vehicle group designation or
11 indorsement or as provided in this subsection, the secretary of
12 state may issue a renewal operator's or chauffeur's license for 1
13 additional 4-year period by mail or by other methods prescribed
14 by the secretary of state. The secretary of state shall issue a
15 renewal license only in person if the person is a person required
16 under section 5a of the sex offenders registration act, 1994
17 PA 295, MCL 28.725a, to maintain a valid operator's or
18 chauffeur's license or official state personal identification
19 card. If a license is renewed by mail or by other method, the
20 secretary of state shall issue evidence of renewal to indicate
21 the date the license expires in the future. The department of
22 state police shall provide to the secretary of state updated
23 lists of persons required under section 5a of the sex offenders
24 registration act, 1994 PA 295, MCL 28.725a, to maintain a valid
25 operator's or chauffeur's license or official state personal
26 identification card.
27 (10) (9) Upon
request, the secretary of state shall provide
1 an information manual to an applicant explaining how to obtain a
2 vehicle group designation or indorsement. The manual shall
3 contain the information required under 49 CFR part 383.
4 (11) (10) The
secretary of state shall not disclose a
5 social security number obtained under subsection (1) to another
6 person except for use for 1 or more of the following purposes:
7 (a) Compliance with 49 USC 31301 to 31317 and regulations and
8 state law and rules related to this chapter.
9 (b) Through the law enforcement information network, to carry
10 out the purposes of section 466(a) of the social security act, 42
11 USC 666, in connection with matters relating to paternity, child
12 support, or overdue child support.
13 (c) For programs administered by the secretary of state.
14 (d) (c) As
otherwise required by law.
15 (12) (11) The
secretary of state shall not display a
16 person's social security number on the person's operator's or
17 chauffeur's license.
18 (13) (12) A
requirement under this section to include a
19 social security number on an application does not apply to an
20 applicant who demonstrates he or she is exempt under law from
21 obtaining a social security number or to an applicant who for
22 religious convictions is exempt under law from disclosure of his
23 or her social security number under these circumstances. The
24 secretary of state shall inform the applicant of this possible
25 exemption.
26 Sec. 309. (1) Before issuing a license, the secretary of
27 state shall examine each applicant for an operator's or
1 chauffeur's license who at the time of the application is not the
2 holder of a valid, unrevoked operator's or chauffeur's license
3 under a law of this state providing for the licensing of
4 drivers. In all other cases, the secretary of state may waive
5 the examination, except that an examination shall not be waived
6 if it appears from the application, from the apparent physical or
7 mental condition of the applicant, or from any other information
8 which has come to the secretary of state from another source,
9 that the applicant does not possess the physical, mental, or
10 other qualifications necessary to operate a motor vehicle in a
11 manner as not to jeopardize the safety of persons or property; or
12 that the applicant is not entitled to a license under section
13 303. A licensee who applies for the renewal of his or her
14 license by mail pursuant to section 307 shall certify to his or
15 her physical capability to operate a motor vehicle.
16 (2) The secretary of state may appoint sheriffs, their
17 deputies, the chiefs of police of cities and villages having
18 organized police departments within this state, their duly
19 authorized representatives, or employees of the secretary of
20 state as examining officers for the purpose of examining
21 applicants for operator's and chauffeur's licenses. An examining
22 officer shall conduct examinations of applicants for operator's
23 and chauffeur's licenses in accordance with this chapter and the
24 rules promulgated by the secretary of state under subsection
25 (3). After conducting an examination an examining officer shall
26 make a written report of his or her findings and recommendations
27 to the secretary of state.
1 (3) The secretary of state shall promulgate rules pursuant to
2 the administrative procedures act of 1969, 1969 PA 306,
3 MCL 24.201 to 24.328, for the examination of the applicant's
4 physical and mental qualifications to operate a motor vehicle in
5 a manner as not to jeopardize the safety of persons or property,
6 and shall ascertain whether facts exist that would bar the
7 issuance of a license under section 303. The secretary of state
8 shall also ascertain whether the applicant has sufficient
9 knowledge of the English language to understand highway warnings
10 or direction signs written in that language. The examination
11 shall not include investigation of facts other than those facts
12 directly pertaining to the ability of the applicant to operate a
13 motor vehicle with safety or facts declared to be prerequisite to
14 the issuance of a license under this act.
15 (4) The secretary of state shall not issue an original
16 operator's or chauffeur's license without a vehicle group
17 designation or indorsement without an examination that includes a
18 driving skills test conducted by the secretary of state or by a
19 designated examining officer under subsection (2) or
20 section 310e. The secretary of state may enter into an agreement
21 with another public or
private person corporation or agency to
22 conduct a driving skills test conducted under this section.
23 Before the secretary of state authorizes a person to administer a
24 corporation's or agency's driver skills testing operations or
25 authorizes an examiner to conduct a driving skills test, that
26 person or examiner must complete both a state and federal bureau
27 of investigation fingerprint based criminal history check through
1 the department of state police. In an agreement with another
2 person public or private corporation or agency to
conduct a
3 driving skills test, the
secretary of state may shall prescribe
4 the method and
examination criteria to be followed by the person
5 or corporation, agency, or examiner when
conducting the driving
6 skills test and the form of the certification to be issued to a
7 person who satisfactorily completes a driving skills test. An
8 original vehicle group designation or indorsement shall not be
9 issued by the secretary of state without a knowledge test
10 conducted by the secretary of state. Except as provided in
11 section 312f(1), an original vehicle group designation or
12 passenger or school bus indorsement shall not be issued by the
13 secretary of state without a driving skills test conducted by an
14 examiner appointed or authorized by the secretary of state.
15 While in the course
of taking a driving skills test conducted by
16 the examiner who shall
occupy a seat beside the applicant, an
17 applicant for an
original vehicle group designation or passenger
18 indorsement who has
been issued a temporary instruction permit to
19 operate a commercial
motor vehicle is permitted to operate a
20 vehicle requiring a
vehicle group designation or passenger
21 indorsement without a
person licensed to operate a commercial
22 motor vehicle
occupying a seat beside him or her.
23 (5) Except as otherwise provided in this act, the secretary
24 of state may waive the requirement of a driving skills test,
25 knowledge test, or road sign test of an applicant for an original
26 operator's or chauffeur's license without a vehicle group
27 designation or indorsement who at the time of the application is
1 the holder of a valid, unrevoked operator's or chauffeur's
2 license issued by another state or country.
3 (6) A driving skills test conducted under this section shall
4 include a behind-the-wheel road test. A behind-the-wheel road
5 test for an original vehicle group designation or passenger
6 indorsement shall not be conducted unless the applicant has been
7 issued a temporary instruction permit.
8 (7) A person who corrupts or attempts to corrupt a designated
9 examining officer appointed or designated by the secretary of
10 state under this section or section 310e by giving, offering, or
11 promising any gift or gratuity with the intent to influence the
12 opinion or decision of the examining officer conducting the test
13 is guilty of a felony.
14 (8) A designated examining officer appointed or designated by
15 the secretary of state who conducts a driving skills test under
16 an agreement entered into under this section or section 310e and
17 who varies from, shortens, or in any other way changes the method
18 or examination criteria prescribed in that agreement in
19 conducting a driving skills test is guilty of a felony.
20 (9) A person who forges, counterfeits, or alters a
21 satisfactorily completed driving skills test certification issued
22 by a designated examining officer appointed or designated by the
23 secretary of state under this section or section 310e is guilty
24 of a felony.
25 Sec. 310e. (1) Except as otherwise provided in this act, an
26 operator's or chauffeur's license issued to a person who is 17
27 years of age or less shall be in a form as prescribed in section
1 310 beginning July 1, 2003, and is valid only upon the issuance
2 of a graduated driver license.
3 (2) The secretary of state shall designate graduated
4 licensing provisions in a manner that clearly indicates that the
5 person is subject to the appropriate provisions described in this
6 section.
7 (3) Except as otherwise provided in section 303, a person who
8 is not less than 14 years and 9 months of age may be issued a
9 level 1 graduated licensing status to operate a motor vehicle if
10 the person has satisfied all of the following conditions:
11 (a) Passed a vision test and met health standards as
12 prescribed by the secretary of state.
13 (b) Successfully completed segment 1 of a driver education
14 course as that term is defined in section 1 of the driver
15 education and training schools act, 1974 PA 369, MCL 256.601,
16 including a minimum of 6 hours of on-the-road driving time with
17 the instructor.
18 (c) Received written approval of a parent or legal guardian.
19 (4) A person issued a level 1 graduated licensing status may
20 operate a motor vehicle only when accompanied either by a
21 licensed parent or legal guardian or, with the permission of the
22 parent or legal guardian, a licensed driver 21 years of age or
23 older. Except as otherwise provided in this section, a person is
24 restricted to operating a motor vehicle with a level 1 graduated
25 licensing status for not less than 6 months.
26 (5) A person may be issued a level 2 graduated licensing
27 status to operate a motor vehicle if the person has satisfied all
1 of the following conditions:
2 (a) Had a level 1 graduated licensing status for not less
3 than 6 months.
4 (b) Successfully completed segment 2 of a driver education
5 course as that term is defined in section 1 of the driver
6 education and training schools act, 1974 PA 369, MCL 256.601.
7 (c) Not incurred a moving violation resulting in a conviction
8 or civil infraction determination or been involved in an accident
9 for which the official police report indicates a moving violation
10 on the part of the person during the 90-day period immediately
11 preceding application.
12 (d) Presented a certification by the parent or guardian that
13 he or she, accompanied by his or her licensed parent or legal
14 guardian or, with the permission of the parent or legal guardian,
15 any licensed driver 21 years of age or older, has accumulated a
16 total of not less than 50 hours of behind-the-wheel experience
17 including not less than 10 nighttime hours.
18 (e) Successfully completed a secretary of state approved
19 performance road driving skills test. The secretary of state
20 may enter into an agreement with another public or private
21 person corporation or agency , including a city,
village, or
22 township, to conduct this performance road driving
skills
23 test. Before the secretary of state authorizes a person to
24 administer a corporation's or agency's driver skills testing
25 operations or authorizes an examiner to conduct a driving skills
26 test, that person or examiner must complete both a state and
27 federal bureau of investigation fingerprint based criminal
1 history check through the department of state police. This
2 subdivision applies to a person 16 years of age or over only if
3 the person has satisfied subdivisions (a), (b), (c), and (d).
4 (6) A person issued a level 2 graduated licensing status
5 under subsection (5) shall remain at level 2 for not less than 6
6 months and shall not operate a motor vehicle within this state
7 from 12 midnight to 5 a.m. unless accompanied by a parent or
8 legal guardian or a licensed driver over the age of 21 designated
9 by the parent or legal guardian, or except when going to or from
10 employment.
11 (7) The provisions and provisional period described in
12 subsection (4) or (6) shall be expanded or extended, or both,
13 beyond the periods described in subsection (4) or (6) if any of
14 the following occur and are recorded on the licensee's driving
15 record during the provisional periods described in subsection (4)
16 or (6) or any additional periods imposed under this subsection:
17 (a) A moving violation resulting in a conviction, civil
18 infraction determination, or probate court disposition.
19 (b) An accident for which the official police report
20 indicates a moving violation on the part of the licensee.
21 (c) A license suspension for a reason other than a mental or
22 physical disability.
23 (d) A violation of subsection (4) or (6).
24 (8) The provisional period described in subsection (4) shall
25 be extended under subsection (7) until the licensee completes 90
26 consecutive days without a moving violation, an accident in which
27 a moving violation resulted, accident, suspension, or provisional
1 period violation listed in subsection (7) or until age 18,
2 whichever occurs first. The provisional period described in
3 subsection (6) shall be extended under subsection (7) until the
4 licensee completes 12 consecutive months without a moving
5 violation, accident, suspension, or restricted period violation
6 listed in subsection (7) or until age 18, whichever occurs
7 first.
8 (9) A person who is not less than 17 years of age may be
9 issued a level 3 graduated licensing status under this subsection
10 if the person has completed 12 consecutive months without a
11 moving violation, an accident in which a moving violation
12 resulted, accident, suspension, or restricted period violation
13 listed in subsection (7) while the person was issued a level 2
14 graduated licensing status under subsection (5).
15 (10) Notice shall be given by first-class mail to the last
16 known address of a licensee if the provisions are expanded or
17 extended as described in subsection (7).
18 (11) A person who violates subsection (4) or (6) is
19 responsible for a civil infraction.
20 (12) If a person is determined responsible for a violation of
21 subsection (4) or (6), the secretary of state shall send written
22 notification of any conviction or moving violation to a
23 designated parent or guardian of the person.
24 (13) For purposes of this section:
25 (a) Upon conviction for a moving violation, the date of the
26 arrest for the violation shall be used in determining whether the
27 conviction occurred within a provisional licensure period under
1 this section.
2 (b) Upon entry of a civil infraction determination for a
3 moving violation, the date of issuance of a citation for a civil
4 infraction shall be used in determining whether the civil
5 infraction determination occurred within a provisional licensure
6 period under this section.
7 (c) The date of the official police report shall be used in
8 determining whether a licensee was driving a motor vehicle
9 involved in an accident for which the official police report
10 indicates a moving violation on the part of the licensee or
11 indicates the licensee had been drinking alcoholic liquor.
12 (14) A person shall have his or her graduated licensing
13 status in his or her immediate possession at all times when
14 operating a motor vehicle, and shall display the card upon demand
15 of a police officer. A person who violates this subsection is
16 responsible for a civil infraction.
17 (15) This section
does not apply to a person 15 years of age
18 or older who is
currently enrolled but has not completed a driver
19 education course on April 1, 1997
or who has completed a driver
20 education course but
has not acquired his or her driver license
21 on April 1, 1997.
22 Sec. 312b. (1) Before a person who is less than 18 years of
23 age is issued an original motorcycle endorsement on an operator's
24 or chauffeur's license, the person shall pass an examination as
25 required by this section and a motorcycle safety course as
26 provided in section 811a or 811b.
27 (2) Before a person who is 18 years of age or older is issued
1 an original motorcycle endorsement on an operator's or
2 chauffeur's license, the person shall pass an examination as
3 required by this section. A person who fails this examination 2
4 or more times is required to successfully complete a motorcycle
5 safety course as provided in section 811a or 811b. Each written
6 examination given an applicant for a motorcycle endorsement on an
7 operator's or chauffeur's license as provided in section 309
8 shall also include subjects designed to cover a motorcycle. A
9 person shall pass an examination that shall include a driving
10 test designed to test the competency of the applicant for the
11 first motorcycle endorsement on an operator's or chauffeur's
12 license to operate a motorcycle upon the roads and highways of
13 this state with safety to himself or herself and other persons
14 and property. All examinations shall be administered as provided
15 in this act. The requirement of a motorcycle driving skills test
16 shall be waived for an applicant who has successfully completed a
17 motorcycle safety course conducted by a school or business
18 enterprise as provided in section 811a or 811b. The motorcycle
19 safety course skills test shall meet or exceed the motorcycle
20 skills test from the secretary of state. The requirement of a
21 motorcycle driving skills test may be waived if the applicant has
22 a valid license or endorsement to operate a motorcycle from
23 another state.
24 (3) A motorcycle endorsement issued to a person who operates
25 a 3-wheeled motorcycle or an autocycle shall be restricted to
26 operation of that type of motorcycle and does not permit
27 operation of a 2-wheeled motorcycle. The secretary of state
1 shall develop a driving test specifically pertaining to an
2 autocycle or a 3-wheeled motorcycle.
3 (4) The secretary of state is responsible for establishing
4 and conducting the motorcycle operator driving skills test and
5 shall promulgate rules under the administrative procedures act of
6 1969, 1969 PA 306, MCL 24.201 to 24.328, for purposes of this
7 subsection. An audit of the motorcycle safety fund shall be
8 conducted by the office of the auditor general to determine
9 compliance with the requirement that funds are being withdrawn
10 only in relation to this act. A copy of the audit shall be
11 transmitted to the legislature upon completion.
12 (5) The secretary of state may enter into an agreement with
13 another public or private
person corporation or agency to
14 conduct a driving skills test required under this section.
15 Before the secretary of state authorizes a person to administer a
16 corporation's or agency's driver skills testing operations or
17 authorizes an examiner to conduct a driving skills test, that
18 person or examiner must complete both a state and federal bureau
19 of investigation fingerprint based criminal history check through
20 the department of state police. In an agreement with another
21 person public or private corporation or agency to
conduct a
22 driving skills test under this section, the secretary of state
23 may shall prescribe the method and examination
criteria to be
24 followed by the person
or corporation, agency, or examiner when
25 conducting the driving skills test and the form of the
26 certification to be issued to a person who satisfactorily
27 completes a driving skills test. For administering and
1 overseeing a third party motorcycle testing program, the
2 secretary of state shall be reimbursed from the motorcycle safety
3 fund a total amount that does not exceed 50% of the department's
4 1995-1996 fiscal year appropriation for motorcycle testing under
5 this section.
6 (6) A person who
corrupts or attempts to corrupt a person
7 or corporation, agency, or examiner that
conducts a driving
8 skills test under an agreement entered into with the secretary of
9 state under this section by giving, offering, or promising any
10 gift or gratuity with the intent to influence the opinion or
11 decision of the person
or corporation, agency, or examiner
12 conducting the driving skills test is guilty of a felony.
13 (7) A designated examining officer appointed or designated by
14 the secretary of state who conducts a driving skills test under
15 an agreement entered into under this section and who varies from,
16 shortens, or in any other way changes the method or examination
17 criteria prescribed to be followed under that agreement in
18 conducting a driving skills test under this section is guilty of
19 a felony.
20 (8) A person who forges, counterfeits, or alters a
21 satisfactorily completed driving skills test certification issued
22 by a designated examining officer appointed or designated by the
23 secretary of state under this section is guilty of a felony.
24 Sec. 312e. (1) Except as otherwise provided in this
25 section, a person, before operating a commercial motor vehicle,
26 shall obtain the required vehicle group designation as follows:
27 (a) A person, before operating a combination of vehicles with
1 a gross combination weight rating of 26,001 pounds or more
2 including a towed vehicle with a gross vehicle weight rating of
3 more than 10,000 pounds, shall procure a group A vehicle
4 designation on his or her operator's or chauffeur's license.
5 Unless an indorsement or the removal of restrictions is required,
6 a person licensed to operate a group A vehicle may operate a
7 group B or C vehicle without taking another test.
8 (b) A person, before operating a vehicle having a gross
9 vehicle weight rating of 26,001 pounds or more, shall procure a
10 group B vehicle designation on his or her operator's or
11 chauffeur's license. Unless an indorsement or the removal of
12 restrictions is required, a person licensed to operate a group B
13 vehicle may operate a group C vehicle without taking another
14 test.
15 (c) A person, before operating a single vehicle having a
16 gross vehicle weight rating under 26,001 pounds or a vehicle
17 having a gross vehicle weight rating under 26,001 pounds towing a
18 trailer or other vehicle and carrying hazardous materials on
19 which a placard is
required under 49 C.F.R. 49 CFR parts 100 to
20 199, or designed to transport 16 or more passengers including the
21 driver, shall procure a group C vehicle designation and a
22 hazardous material or passenger vehicle indorsement on his or her
23 operator's or chauffeur's license.
24 (2) An applicant for a vehicle group designation shall take
25 knowledge and driving skills tests that comply with minimum
26 federal standards
prescribed in 49 C.F.R. 49 CFR part 383 as
27 required under this act.
1 (3) The license shall be issued, suspended, revoked,
2 canceled, or renewed in accordance with this act.
3 (4) Except as provided in this subsection, all of the
4 following apply:
5 (a) If a person operates a group B passenger vehicle while
6 taking his or her driving skills test for a P indorsement, he or
7 she is restricted to operating only group B or C passenger
8 vehicles under that P indorsement. If a person operates a group
9 B school bus while taking his or her driving skills test for an S
10 indorsement, he or she is restricted to operating only group B or
11 C school buses under that S indorsement.
12 (b) If a person operates a group C passenger vehicle while
13 taking his or her driving skills test for a P indorsement, he or
14 she is restricted to operating only group C passenger vehicles
15 under that P indorsement. If a person operates a group C school
16 bus while taking his or her driving skills test for an S
17 indorsement, he or she is restricted to operating only group C
18 school buses under that S indorsement.
19 (c) A person who fails the air brake portion of the written
20 or driving skills test provided under section 312f or who takes
21 the driving skills test provided under that section in a
22 commercial motor vehicle that is not equipped with air brakes
23 shall not operate a commercial motor vehicle equipped with air
24 brakes.
25 (5) A person, before operating a commercial motor vehicle,
26 shall obtain required vehicle indorsements as follows:
27 (a) A person, before operating a commercial motor vehicle
1 pulling double trailers, shall procure the appropriate vehicle
2 group designation and a T vehicle indorsement under this act.
3 (b) A person, before operating a commercial motor vehicle
4 that is a tank vehicle, shall procure the appropriate vehicle
5 group designation and an N vehicle indorsement under this act.
6 (c) A person, before operating a commercial motor vehicle
7 carrying hazardous materials on which a placard is required under
8 49 C.F.R. 49 CFR parts 100 to 199, shall procure the
9 appropriate vehicle group designation and an H vehicle
10 indorsement under this act.
11 (d) A person, before operating a commercial motor vehicle
12 that is a tank vehicle carrying hazardous material, shall procure
13 the appropriate vehicle group designation and both an N and H
14 vehicle indorsement, which shall be designated by the code letter
15 X on the person's operator's or chauffeur's license.
16 (e) A person, before operating a vehicle that is designed to
17 transport 16 or more
passengers including the driver , but is
18 not a school bus shall procure the appropriate vehicle group
19 designation and a P vehicle indorsement under this act. An
20 applicant for a P vehicle indorsement shall take the driving
21 skills test in a vehicle designed to transport 16 or more
22 passengers including the driver.
23 (f) Effective October 1, 2004, a person who does not
24 currently possess a P indorsement, before operating a school bus
25 designed to transport 16 or more passengers, including the
26 driver, shall procure the appropriate vehicle group designation,
27 pass the knowledge tests for the P and S indorsements, and
1 procure the P and S vehicle indorsements under this act. An
2 applicant for an S vehicle indorsement shall take a driving
3 skills test in a school bus designed to transport 16 or more
4 passengers, including the driver, that represents the same type
5 of vehicle that the applicant intends to operate as a school
6 bus.
7 (g) Effective October 1, 2005, a person who currently
8 possesses a P indorsement, before operating a school bus designed
9 to transport 16 or more passengers, including the driver, shall
10 procure the appropriate vehicle group designation, pass the
11 knowledge test for an S indorsement, and procure an S vehicle
12 indorsement under this act. An applicant for an S vehicle
13 indorsement shall take a driving skills test in a school bus
14 designed to transport 16 or more passengers, including the
15 driver, that represents the same type of vehicle that the
16 applicant intends to operate as a school bus.
17 (6) Until September 30, 2005, the secretary of state may
18 waive the driving skills test for an applicant for an S
19 indorsement if the applicant certifies, and the secretary of
20 state verifies, that during the 2-year period immediately prior
21 to applying for the school bus indorsement the applicant met all
22 of the following conditions:
23 (i) The applicant holds a valid driver license with a vehicle
24 group designation and a P indorsement.
25 (ii) The applicant has not had an operator's, chauffeur's, or
26 commercial motor vehicle driver license suspended, revoked,
27 denied, or canceled.
1 (iii) The applicant has not been disqualified by the United
2 States secretary of transportation from operating a commercial
3 motor vehicle.
4 (iv) The applicant has not been convicted of any
5 disqualifying offense listed in 49 CFR 383.51(b) while operating
6 a commercial motor vehicle.
7 (v) The applicant has not been convicted of any disqualifying
8 offense listed in 49 CFR 383.51(b) while operating a
9 noncommercial motor vehicle that would be a disqualifying offense
10 under 49 CFR 383.51(b) if the applicant had committed the offense
11 while operating a commercial motor vehicle.
12 (vi) The applicant has not had more than 1 conviction for a
13 serious traffic violation as defined in 49 CFR 383.51 while
14 operating any type of motor vehicle.
15 (vii) Except for parking violations, the applicant has not
16 had any conviction for a violation of any state or local motor
17 vehicle traffic control law involving a vehicle accident.
18 (viii) The applicant has been regularly employed as a school
19 bus driver for the past 2 years and has, for those 2 years,
20 operated a school bus representing the type of school bus that
21 the applicant intends to operate, and the applicant provides
22 satisfactory evidence of that employment to the secretary of
23 state.
24 (7) (6) An
applicant for an indorsement shall take the
25 knowledge and driving skills tests described and required
26 pursuant to 49 C.F.R.
49 CFR part 383.
27 (8) (7) The
holder of an unexpired operator's or
1 chauffeur's license may be issued a vehicle group designation and
2 indorsement valid for the remainder of the license upon meeting
3 the qualifications of section 312f and payment of the original
4 vehicle group designation fee of $25.00 and an indorsement fee of
5 $5.00 per indorsement, and a corrected license fee of $18.00. A
6 person required to procure an F vehicle indorsement pursuant to
7 subsection (9) (10)
shall pay an indorsement fee of $5.00.
8 (9) (8) Except
as otherwise provided in subsections (9)
9 and (10) and (11), this section does not apply to
a driver or
10 operator of a vehicle under all of the following conditions:
11 (a) The vehicle is controlled and operated by a farmer or an
12 employee or family member of the farmer.
13 (b) The vehicle is used to transport agricultural products,
14 farm machinery, farm supplies, or a combination of these items,
15 to or from a farm.
16 (c) The vehicle is not used in the operation of a common or
17 contract motor carrier.
18 (d) The vehicle is operated within 150 miles of the farm.
19 (10) (9) A
person, before driving or operating a
20 combination of vehicles having a gross vehicle weight rating of
21 26,001 pounds or more on the power unit that is used as described
22 in subsection (8)(a) (9)(a)
to (d), shall obtain an F vehicle
23 indorsement. The F vehicle indorsement shall be issued upon
24 successful completion of a knowledge test only.
25 (11) (10) A
person, before driving or operating a single
26 vehicle truck having a gross vehicle weight rating of 26,001
27 pounds or more or a combination of vehicles having a gross
1 vehicle weight rating of 26,001 pounds or more on the power unit
2 that is used as described
in subsection (8)(a) (9)(a) to (d)
3 for carrying hazardous materials on which a placard is required
4 under 49 C.F.R. 49
CFR parts 100 to 199, shall successfully
5 complete both a knowledge test and a driving skills test. Upon
6 successful completion of the knowledge test and driving skills
7 test, the person shall be issued the appropriate vehicle group
8 designation and any vehicle indorsement necessary under this
9 act.
10 (12) (11) This
section does not apply to a police officer
11 operating an authorized emergency vehicle or to a firefighter
12 operating an authorized emergency vehicle who has met the driver
13 training standards of the Michigan fire fighters' training
14 council.
15 (13) (12) This
section does not apply to a person operating
16 a motor home or a vehicle used exclusively to transport personal
17 possessions or family members for nonbusiness purposes.
18 (14) (13) The
money collected under subsection (7) (8)
19 for a vehicle group designation or indorsement shall be deposited
20 in the state treasury to the credit of the general fund. The
21 secretary of state shall refund out of the fees collected to each
22 county or municipality acting as an examining officer or
23 examining bureau $3.00 for each applicant examined for a first
24 designation or indorsement to an operator's or chauffeur's
25 license and $1.50 for each renewal designation or indorsement to
26 an operator's or chauffeur's license, whose application is not
27 denied, on the condition that the money refunded shall be paid to
1 the county or local treasurer and is appropriated to the county,
2 municipality, or officer or bureau receiving that money for the
3 purpose of carrying out this act.
4 (15) (14) Notwithstanding
any other provision of this
5 section, a person operating a vehicle described in subsections
6 (8) (9) and (9) (10) is subject to
the provisions of
7 sections 303 and 319b.
8 Sec. 312f. (1) Except as otherwise provided in this
9 section, a person shall be at least 18 years of age before he or
10 she is issued a vehicle group designation or indorsement, other
11 than a motorcycle indorsement, on an operator's or chauffeur's
12 license and, as provided in this section, the person shall pass
13 knowledge and driving skills tests that comply with minimum
14 federal standards
prescribed in 49 C.F.R. 49 CFR part 383. A
15 person operating a vehicle to be used for farming purposes only
16 may obtain an A or B vehicle group designation or an F vehicle
17 indorsement if he or she is at least 16 years of age. Each
18 written examination given an applicant for a vehicle group
19 designation or indorsement shall include subjects designed to
20 cover the type or general class of vehicle to be operated. A
21 person shall pass an examination that includes a driving skills
22 test designed to test competency of the applicant for an original
23 vehicle group designation and passenger indorsement on an
24 operator's or chauffeur's license to drive that type or general
25 class of vehicle upon the highways of this state with safety to
26 persons and property. The secretary of state shall waive the
27 driving skills test for a person operating a vehicle that is used
1 under the conditions
described in section 312e(8)(a) 312e(9)(a)
2 to (d) unless the vehicle has a gross vehicle weight rating of
3 26,001 pounds or more on the power unit and is to be used to
4 carry hazardous materials on which a placard is required under
5 49 C.F.R. 49 CFR parts 100 to 199. The driving skills
test may
6 be waived if the applicant has a valid license with the
7 appropriate vehicle group
designation, or passenger vehicle
8 indorsement, or school bus indorsement in another state issued in
9 compliance with chapter
313 of title 49 of the United
States
10 Code, 49 U.S.C. 49 USC 31301 to 31317.
11 (2) Except for a person who has held an operator's or
12 chauffeur's license for less than 1 year, the secretary of state
13 shall waive the knowledge test and the driving skills test and
14 issue a 1-year seasonal restricted vehicle group designation to
15 an otherwise qualified applicant to operate a group B or a group
16 C vehicle for a farm related service industry if all of the
17 following conditions are met:
18 (a) The applicant meets 1 of the following:
19 (i) An applicant who has between 1 and 2 years of driving
20 experience shall possess a good driving record for his or her
21 entire driving history.
22 (ii) An applicant who has more than 2 years of driving
23 experience shall possess a good driving record for the 2 years
24 immediately preceding application.
25 (b) The seasons for which the seasonal restricted vehicle
26 group designation is issued shall be from April 2 to June 30 and
27 from September 2 to November 30 only of a 12-month period or, at
1 the option of the applicant, for not more than 180 days from the
2 date of issuance in a 12-month period. The good driving record
3 shall be confirmed before each season and 180-day period.
4 (c) The commercial motor vehicle for which the seasonal
5 restricted vehicle group designation is issued shall be operated
6 only if all the following conditions are met:
7 (i) The commercial motor vehicle is operated only on routes
8 within 150 miles from the place of business to the farm or farms
9 being served.
10 (ii) The commercial motor vehicle does not transport a
11 quantity of hazardous materials on which a placard is required
12 except for the following:
13 (A) Diesel motor fuel in quantities of 1,000 gallons or
14 less.
15 (B) Liquid fertilizers in quantities of 3,000 gallons or
16 less.
17 (C) Solid fertilizers that are not transported with any
18 organic substance.
19 (iii) The commercial motor vehicle does not require the H, N,
20 P, S, T, or X vehicle indorsement.
21 (3) A seasonal restricted vehicle group designation under
22 this subsection shall be issued, suspended, revoked, canceled,
23 denied, or renewed in accordance with this act.
24 (4) The secretary of state may enter into an agreement with
25 another public or private
person corporation or agency to
26 conduct a driving skills test required under this section,
27 section 312e, or 49
C.F.R. 49 CFR part 383. Before the
1 secretary of state authorizes a person to administer a
2 corporation's or agency's driver skills testing operations or
3 authorizes an examiner to conduct a driving skills test, that
4 person or examiner must complete both a state and federal bureau
5 of investigation fingerprint based criminal history check through
6 the department of state police.
7 (5) The secretary of state shall not issue a vehicle group
8 designation or a vehicle indorsement to an applicant for an
9 original vehicle group designation or vehicle indorsement under
10 section 312e to whom 1 or more of the following apply:
11 (a) The applicant has had his or her license suspended or
12 revoked for a reason other than as provided in section 321a, 515,
13 or 801c in the 36 months immediately preceding application,
14 except that a vehicle group designation may be issued if the
15 suspension or revocation was due to a temporary medical condition
16 or failure to appear at a reexamination as provided in section
17 320.
18 (b) The applicant was convicted of or incurred a bond
19 forfeiture in relation to a 6-point violation as provided in
20 section 320a in the 24 months immediately preceding application
21 if the violation occurred while the applicant was operating a
22 commercial motor vehicle, or a violation of section 625(3) or
23 former section 625b, or a local ordinance substantially
24 corresponding to section 625(3) or former section 625b in the 24
25 months immediately
preceding application, if the violation
26 occurred while the applicant was operating a commercial any
27 type of motor vehicle.
1 (c) The applicant is listed on the national driver register,
2 the commercial driver license information system, or the driving
3 records of the state in which the applicant was previously
4 licensed as being disqualified from operating a commercial motor
5 vehicle or as having a license or driving privilege suspended,
6 revoked, canceled, or denied.
7 (d) The applicant is listed on the national driver register,
8 the commercial driver license information system, or the driving
9 records of the state in which the applicant was previously
10 licensed as having had a license suspended, revoked, or canceled
11 in the 36 months immediately preceding application if a
12 suspension or revocation would have been imposed under this act
13 had the applicant been licensed in this state in the original
14 instance. This subdivision does not apply to a suspension or
15 revocation that would have been imposed due to a temporary
16 medical condition or pursuant to section 321a, 515, or 801c.
17 (e) The applicant is subject to a suspension or revocation
18 under section 319b or would have been subject to a suspension or
19 revocation under section 319b if the applicant had been issued a
20 vehicle group designation or vehicle indorsement.
21 (f) The applicant has been disqualified from operating a
22 commercial motor vehicle
under chapter 313 of title 49 of the
23 United States Code, 49 U.S.C. 49 USC 31301 to 31317 or the
24 applicant's license to operate a commercial motor vehicle has
25 been suspended, revoked, denied, or canceled within 36 months
26 immediately preceding the date of application.
27 (g) The United States secretary of transportation has
1 disqualified the applicant from operating a commercial motor
2 vehicle.
3 (6) The secretary of
state shall not issue a vehicle group
4 designation to an
applicant to renew or upgrade a
vehicle group
5 designation if the United States secretary of transportation has
6 disqualified the applicant from operating a commercial motor
7 vehicle, or the applicant is listed on the national driver
8 register or the commercial driver license information system as
9 being disqualified from operating a commercial motor vehicle or
10 as having a driver license or driving privilege suspended,
11 revoked, canceled, or denied.
12 (7) The secretary of state shall only consider bond
13 forfeitures under subsection (5)(b) for violations that occurred
14 on or after January 1, 1990 when determining the applicability of
15 subsection (5).
16 (8) If an applicant for an original vehicle group designation
17 was previously licensed in another jurisdiction, the secretary of
18 state shall request a copy of the applicant's driving record from
19 that jurisdiction. If 1 or more of the conditions described in
20 subsection (5) exist in that jurisdiction when the secretary of
21 state receives the copy, the secretary of state shall cancel all
22 vehicle group designations on the person's operator's or
23 chauffeur's license.
24 (9) The secretary of state shall cancel all vehicle group
25 designations on a person's operator's or chauffeur's license upon
26 receiving notice from the United States secretary of
27 transportation, the national driver register, the commercial
1 driver license system, or another state or jurisdiction that 1 or
2 more of the conditions described in subsection (5) existed at the
3 time of the person's application in this state.
4 (10) The secretary of state shall cancel all vehicle group
5 designations on the person's operator's or chauffeur's license
6 upon receiving proper notice that the person no longer meets the
7 federal driver
qualification requirements under 49 C.F.R. 49
8 CFR part 391 to operate a commercial motor vehicle in interstate
9 commerce, or the person no longer meets the driver qualification
10 requirements to operate a commercial motor vehicle in intrastate
11 commerce under the motor carrier safety act of 1963, 1963 PA 181,
12 MCL 480.11 to 480.22.
13 (11) Subsection (5)(a), (b), (d), and (f) do not apply to an
14 applicant for an original vehicle group designation who at the
15 time of application has a valid license to operate a commercial
16 motor vehicle issued by
any state in compliance with chapter 313
17 of title 49 of the
United States Code, 49 U.S.C. 49
USC 31301 to
18 31317.
19 (12) As used in this section:
20 (a) "Farm related service industry" means custom harvesters,
21 farm retail outlets and suppliers, agri-chemical business, or
22 livestock feeders.
23 (b) "Good driving record" means the criteria required under
24 regulations described at 49
C.F.R. 49 CFR 383.77 and 57
25 F.R. 75, P. 13650 (April 17, 1992).
26 Sec. 313. (1) Except as provided in subsection (2) and
27 section 812, if an operator's or chauffeur's license issued under
1 this chapter is lost, destroyed, or mutilated, or becomes
2 illegible, the person to whom the license was issued may obtain a
3 duplicate upon the payment of the fee required in section 812,
4 upon furnishing proof satisfactory to the secretary of state that
5 the license has been lost, destroyed, or mutilated, or has become
6 illegible, and upon certifying that the license is not being held
7 by a court as a condition of that person's recognizance.
8 (2) Subsection (1) does not apply if the operator's or
9 chauffeur's license is
destroyed pursuant to section 625b(12)
10 or section 625g(1)(b)(iii).
11 Sec. 314. (1) Except as otherwise provided in this section,
12 an operator's license shall expire on the birthday of the person
13 to whom the license is issued in the fourth year following the
14 date of the issuance of the license unless suspended or revoked
15 before that date. or
issued pursuant to section 314b. A license
16 shall not be issued for a period longer than 4 years. A person
17 holding a license at any time within 45 days before the
18 expiration of his or her license may make application for a new
19 license as provided for in this chapter. However, a knowledge
20 test for an original group designation or indorsement may be
21 taken at any time during this period and the results shall be
22 valid for 12 months. However, if the licensee will be out of the
23 state during the 45 days immediately preceding expiration of the
24 license or for other good cause shown cannot apply for a license
25 within the 45-day period, application for a new license may be
26 made not more than 6 months before expiration of the license.
27 This new license when granted shall expire as provided for in
1 this chapter.
2 (2) The first operator's license issued to a person who at
3 the time of application is less than 20-1/2 years of age shall
4 expire on the licensee's twenty-first birthday unless suspended
5 or revoked. Until July 1, 2003, the secretary of state shall
6 code the license in a manner which clearly identifies the
7 licensee as being less than 21 years of age.
8 (3) The first chauffeur's license issued to a person shall
9 expire on the licensee's birthday in the fourth year following
10 the date of issuance unless the license is suspended or revoked
11 before that date. or
is issued pursuant to section 314b. The
12 chauffeur's license of a person who at the time of application is
13 less than 20-1/2 years of age shall expire on the licensee's
14 twenty-first birthday unless suspended or revoked. Until July 1,
15 2003, the secretary of state shall code the license in a manner
16 which clearly identifies the licensee as being less than 21 years
17 of age. A subsequent chauffeur's license shall expire on the
18 birthday of the person to whom the license is issued in the
19 fourth year following the date of issuance of the license unless
20 the license is suspended
or revoked before that date. or is
21 issued pursuant to
section 314b.
22 (4) A person may apply for an extension of his or her driving
23 privileges if he or she is out of state on the date that his or
24 her operator's or chauffeur's license expires. The extension may
25 extend the license for 90
180 days beyond the expiration date
26 or within 2 weeks after the applicant returns to Michigan,
27 whichever occurs first.
1 (5) A person who will be out of state for more than 90 days
2 beyond the expiration date of his or her operator's license may
3 apply for a 2-year
extension 4-year renewal of his or her
4 driving privileges. The
applicant for this extension renewal
5 shall submit a statement evidencing a vision examination in
6 accordance with the rules promulgated by the secretary of state
7 under section 309. The
fee for a 2-year extension shall be the
8 same as provided in
section 314b(2).
9 Sec. 316. The secretary of state shall file each
10 application for an operator's or chauffeur's license and index
11 the application by name and number. The secretary of state shall
12 maintain suitable records of licenses issued, applications for
13 licenses denied, and a record of licenses which have been
14 revoked, canceled, or suspended. The secretary of state shall
15 note upon those records each conviction, civil infraction
16 determination, and probate court finding of the person to whom
17 the license is granted, as provided in this act, and shall
18 preserve those records for not less than 6 years after the date
19 of application.
20 Sec. 317. (1) The secretary of state may suspend, deny, or
21 revoke the right of a nonresident to operate a motor vehicle in
22 this state for a cause for which the license of a resident driver
23 may be suspended, denied, or revoked. A nonresident who drives a
24 motor vehicle upon a highway when the privilege to drive has been
25 suspended, revoked, or denied by the secretary of state is guilty
26 of a misdemeanor punishable as provided in section 904.
27 (2) The secretary of state, upon receiving a record of the
1 conviction, civil infraction determination, suspension,
2 revocation, or forfeiture of bail in this state of a nonresident
3 of a violation the record of which is required to be maintained
4 under section 204a, may
shall forward a certified copy of the
5 record to the motor vehicle administrator or other appropriate
6 officer in the state in which the person is a resident.
7 (3) Beginning October 1, 2005, within 30 days after an appeal
8 is completed or the appeal period has expired if an appeal is not
9 made in a conviction, civil infraction determination, or bond
10 forfeiture entered against a nonresident in this state for a
11 violation committed while operating a commercial motor vehicle or
12 any violation for a commercial driver license holder regardless
13 of vehicle type, except a parking violation, the secretary of
14 state shall notify the motor vehicle administration or other
15 appropriate officer of the state where the nonresident is
16 licensed of that conviction, determination, or forfeiture.
17 Beginning October 1, 2008, the secretary of state must give
18 notice under this subsection within 10 days after an appeal is
19 completed or the appeal period has expired if an appeal is not
20 made.
21 (4) If the secretary of state suspends, revokes, cancels, or
22 denies the driving privileges of a nonresident for 60 days or
23 more and that nonresident is licensed by another state to operate
24 a commercial motor vehicle, the secretary of state shall, within
25 10 days after the effective date of the suspension, revocation,
26 cancellation, or denial, forward a notification about that
27 suspension, revocation, cancellation, or denial to the motor
1 vehicle administrator or other appropriate officer of the state
2 where the nonresident is licensed to operate a motor vehicle. A
3 notice given under this subsection must include both the denial,
4 if any, and the violation that caused the suspension, revocation,
5 cancellation, or denial of the nonresident's driving privileges.
6 Sec. 319. (1) The secretary of state shall immediately
7 suspend a person's license as provided in this section upon
8 receiving a record of the person's conviction for a crime
9 described in this section, whether the conviction is under a law
10 of this state, a local ordinance substantially corresponding to a
11 law of this state, or a law of another state substantially
12 corresponding to a law of this state.
13 (2) The secretary of state shall suspend the person's license
14 for 1 year for any of the following crimes:
15 (a) Fraudulently altering or forging documents pertaining to
16 motor vehicles in violation of section 257.
17 (b) A violation of section 413 of the Michigan penal code,
18 1931 PA 328, MCL 750.413.
19 (c) A violation of section 1 of former 1931 PA 214,
20 MCL 752.191, or section 626c.
21 (d) A felony in which a motor vehicle was used. As used in
22 this section, "felony in which a motor vehicle was used" means a
23 felony during the commission of which the person convicted
24 operated a motor vehicle and while operating the vehicle
25 presented real or potential harm to persons or property and 1 or
26 more of the following circumstances existed:
27 (i) The vehicle was used as an instrument of the felony.
1 (ii) The vehicle was used to transport a victim of the
2 felony.
3 (iii) The vehicle was used to flee the scene of the felony.
4 (iv) The vehicle was necessary for the commission of the
5 felony.
6 (e) A violation of section 602a(2) or (3) of this act or
7 section 479a(2) or (3) of the Michigan penal code, 1931 PA 328,
8 MCL 750.479a.
9 (3) The secretary of state shall suspend the person's license
10 for 90 days for any of the following crimes:
11 (a) Failing to stop and disclose identity at the scene of an
12 accident resulting in injury in violation of section 617a.
13 (b) A violation of section 601b(2), section 601c(1), section
14 626, or section 653a(3).
15 (c) Malicious destruction resulting from the operation of a
16 vehicle under section 382(1)(b), (c), or (d) of the Michigan
17 penal code, 1931 PA 328, MCL 750.382.
18 (d) A violation of section 703(2) of the Michigan liquor
19 control code of 1998, 1998 PA 58, MCL 436.1703.
20 (4) The secretary of state shall suspend the person's license
21 for 30 days for malicious destruction resulting from the
22 operation of a vehicle under section 382(1)(a) of the Michigan
23 penal code, 1931 PA 328, MCL 750.382.
24 (5) For perjury or making a false certification to the
25 secretary of state under any law requiring the registration of a
26 motor vehicle or regulating the operation of a vehicle on a
27 highway, or for conduct prohibited under section 324(1) or a
1 local ordinance substantially corresponding to section 324(1),
2 the secretary shall suspend the person's license as follows:
3 (a) If the person has no prior conviction for an offense
4 described in this subsection within 7 years, for 90 days.
5 (b) If the person has 1 or more prior convictions for an
6 offense described in this subsection within 7 years, for 1 year.
7 (6) For a violation of section 414 of the Michigan penal
8 code, 1931 PA 328, MCL 750.414, the secretary of state shall
9 suspend the person's license as follows:
10 (a) If the person has no prior conviction for that offense
11 within 7 years, for 90 days.
12 (b) If the person has 1 or more prior convictions for that
13 offense within 7 years, for 1 year.
14 (7) For a violation of section 624a or 624b of this act or
15 section 703(1) of the Michigan liquor control code of 1998, 1998
16 PA 58, MCL 436.1703, the secretary of state shall suspend the
17 person's license as follows:
18 (a) If the person has 1 prior conviction for an offense
19 described in this subsection or section 33b(1) of former 1933 (Ex
20 Sess) PA 8, for 90 days. The secretary of state may issue the
21 person a restricted license after the first 30 days of
22 suspension.
23 (b) If the person has 2 or more prior convictions for an
24 offense described in this subsection or section 33b(1) of former
25 1933 (Ex Sess) PA 8, for 1 year. The secretary of state may
26 issue the person a restricted license after the first 60 days of
27 suspension.
1 (8) The secretary of state shall suspend the person's license
2 for a violation of section 625 or 625m as follows:
3 (a) For 180 days for a violation of section 625(1) or (8) if
4 the person has no prior convictions within 7 years. The
5 secretary of state may issue the person a restricted license
6 during a specified portion of the suspension, except that the
7 secretary of state shall not issue a restricted license during
8 the first 30 days of suspension.
9 (b) For 90 days for a violation of section 625(3) if the
10 person has no prior convictions within 7 years. However, if the
11 person is convicted of a violation of section 625(3), for
12 operating a vehicle when, due to the consumption of a controlled
13 substance or a combination of alcoholic liquor and a controlled
14 substance, the person's ability to operate the vehicle was
15 visibly impaired, the secretary of state shall suspend the
16 person's license under this subdivision for 180 days. The
17 secretary of state may issue the person a restricted license
18 during all or a specified portion of the suspension.
19 (c) For 30 days for a violation of section 625(6) if the
20 person has no prior convictions within 7 years. The secretary of
21 state may issue the person a restricted license during all or a
22 specified portion of the suspension.
23 (d) For 90 days for a violation of section 625(6) if the
24 person has 1 or more prior convictions for that offense within 7
25 years.
26 (e) For 180 days for a violation of section 625(7) if the
27 person has no prior convictions within 7 years. The secretary of
1 state may issue the person a restricted license after the first
2 90 days of suspension.
3 (f) For 90 days for a violation of section 625m if the person
4 has no prior convictions within 7 years. The secretary of state
5 may issue the person a restricted license during all or a
6 specified portion of the suspension.
7 (9) For a violation of section 367c of the Michigan penal
8 code, 1931 PA 328, MCL 750.367c, the secretary of state shall
9 suspend the person's license as follows:
10 (a) If the person has no prior conviction for an offense
11 described in this subsection within 7 years, for 6 months.
12 (b) If the person has 1 or more convictions for an offense
13 described in this subsection within 7 years, for 1 year.
14 (10) For a violation of section 315(4), the secretary of
15 state may suspend the person's license for 6 months.
16 (11) For a violation or attempted violation of
17 section 411a(2) of the Michigan penal code, 1931 PA 328,
18 MCL 750.411a, involving a school, the secretary of state shall
19 suspend the license of a person 14 years of age or over but less
20 than 21 years of age until 3 years after the date of the
21 conviction or juvenile disposition for the violation. The
22 secretary of state may issue the person a restricted license
23 after the first 365 days of suspension.
24 (12) Except as provided in subsection (14), a suspension
25 under this section shall be imposed notwithstanding a court order
26 unless the court order complies with section 323.
27 (13) If the secretary of state receives records of more than
1 1 conviction of a person resulting from the same incident, a
2 suspension shall be imposed only for the violation to which the
3 longest period of suspension applies under this section.
4 (14) The secretary of state may waive a restriction,
5 suspension, or revocation of a person's license imposed under
6 this act if the person submits proof that a court in another
7 state revoked, suspended, or restricted his or her license for a
8 period equal to or greater than the period of a restriction,
9 suspension, or revocation prescribed under this act for the
10 violation and that the revocation, suspension, or restriction was
11 served for the violation, or may grant a restricted license.
12 (15) The secretary of state shall not issue a restricted
13 license to a person whose license is suspended under this section
14 unless a restricted license is authorized under this section and
15 the person is otherwise eligible for a license.
16 (16) The secretary of state shall not issue a restricted
17 license to a person under subsection (8) that would permit the
18 person to operate a
commercial motor vehicle. that transports
19 hazardous material in
amounts requiring a placard under the
20 hazardous materials
regulations, 49 C.F.R. parts 100 to 199.
21 (17) A restricted license issued under this section shall
22 permit the person to whom it is issued to take any driving skills
23 test required by the secretary of state and to drive under 1 or
24 more of the following circumstances:
25 (a) In the course of the person's employment or occupation.
26 (b) To and from any combination of the following:
27 (i) The person's residence.
1 (ii) The person's work location.
2 (iii) An alcohol or drug education or treatment program as
3 ordered by the court.
4 (iv) The court probation department.
5 (v) A court-ordered community service program.
6 (vi) An educational institution at which the person is
7 enrolled as a student.
8 (vii) A place of regularly occurring medical treatment for a
9 serious condition for the person or a member of the person's
10 household or immediate family.
11 (18) While driving with a restricted license, the person
12 shall carry proof of his or her destination and the hours of any
13 employment, class, or other reason for traveling and shall
14 display that proof upon a peace officer's request.
15 (19) Subject to subsection (21), as used in subsection (8),
16 "prior conviction" means a conviction for any of the following,
17 whether under a law of this state, a local ordinance
18 substantially corresponding to a law of this state, or a law of
19 another state substantially corresponding to a law of this
20 state:
21 (a) Except as provided in subsection (20), a violation or
22 attempted violation of any of the following:
23 (i) Section 625, except a violation of section 625(2), or a
24 violation of any prior enactment of section 625 in which the
25 defendant operated a vehicle while under the influence of
26 intoxicating or alcoholic liquor or a controlled substance, or a
27 combination of intoxicating or alcoholic liquor and a controlled
1 substance, or while visibly impaired, or with an unlawful bodily
2 alcohol content.
3 (ii) Section 625m.
4 (iii) Former section 625b.
5 (b) Negligent homicide, manslaughter, or murder resulting
6 from the operation of a vehicle or an attempt to commit any of
7 those crimes.
8 (20) Except for purposes of the suspensions described in
9 subsection (8)(c) and (d), only 1 violation or attempted
10 violation of section 625(6), a local ordinance substantially
11 corresponding to section 625(6), or a law of another state
12 substantially corresponding to section 625(6) may be used as a
13 prior conviction.
14 (21) If 2 or more convictions described in subsection (19)
15 are convictions for violations arising out of the same
16 transaction, only 1 conviction shall be used to determine whether
17 the person has a prior conviction.
18 Sec. 319b. (1) The secretary of state shall immediately
19 suspend or revoke, as applicable, all vehicle group designations
20 on the operator's or chauffeur's license of a person upon
21 receiving notice of a conviction, bond forfeiture, or civil
22 infraction determination of the person, or notice that a court or
23 administrative tribunal has found the person responsible, for a
24 violation described in this subsection of a law of this state, a
25 local ordinance substantially corresponding to a law of this
26 state while the person was operating a commercial motor vehicle,
27 or a law of another state substantially corresponding to a law of
1 this state, or notice that the person has refused to submit to a
2 chemical test of his or her blood, breath, or urine for the
3 purpose of determining the amount of alcohol or presence of a
4 controlled substance or both in the person's blood, breath, or
5 urine while the person was operating a commercial motor vehicle
6 as required by a law or local ordinance of this or another
7 state. The period of suspension or revocation is as follows:
8 (a) Suspension for 60
days if the licensee person is
9 convicted of or found responsible for 1 of the following while
10 operating a commercial motor vehicle:
11 (i) Two serious traffic violations arising from separate
12 incidents within 36 months.
13 (ii) A violation of section 667, 668, 669, or 669a.
14 (iii) A violation of motor carrier safety regulations 49 CFR
15 392.10 or 392.11, as adopted by section 1a of the motor carrier
16 safety act of 1963, 1963 PA 181, MCL 480.11a.
17 (iv) A violation of section 57 of the pupil transportation
18 act, 1990 PA 187, MCL 257.1857.
19 (v) A violation of motor carrier safety regulations 49 CFR
20 392.10 or 392.11, as adopted by section 31 of the motor bus
21 transportation act, 1982 PA 432, MCL 474.131.
22 (vi) A violation of motor carrier safety regulations 49 CFR
23 392.10 or 392.11 while operating a commercial motor vehicle other
24 than a vehicle covered under subparagraph (iii), (iv), or (v).
25 (b) Suspension for
120 days if the licensee person is
26 convicted of or found responsible for 1 of the following arising
27 from separate incidents within 36 months while operating a
1 commercial motor vehicle:
2 (i) Three serious traffic violations.
3 (ii) Any combination of 2 violations described in
4 subdivision (a)(ii).
5 (c) Suspension for 1
year if the licensee person is
6 convicted of or found responsible for 1 of the following:
7 (i) A violation of section 625(1), (3), (4), (5), (6), (7),
8 or (8), section 625m, or former section 625(1) or (2), or former
9 section 625b, while operating a commercial motor vehicle.
10 (ii) Leaving the scene of an accident involving a commercial
11 motor vehicle operated by
the licensee person.
12 (iii) A felony in which a commercial motor vehicle was used.
13 (iv) A refusal of a peace officer's request to submit to a
14 chemical test of his or her blood, breath, or urine to determine
15 the amount of alcohol or presence of a controlled substance or
16 both in his or her blood, breath, or urine while he or she was
17 operating a commercial motor vehicle as required by a law or
18 local ordinance of this state or another state.
19 (v) Operating a commercial motor vehicle in violation of a
20 suspension, revocation, denial, or cancellation that was imposed
21 for previous violations committed while operating a commercial
22 motor vehicle.
23 (vi) Causing a fatality through the negligent or criminal
24 operation of a commercial motor vehicle, including, but not
25 limited to, the crimes of motor vehicle manslaughter, motor
26 vehicle homicide, and negligent homicide.
27 (vii) (v) A 6-point
violation as provided in section 320a
1 while operating a commercial motor vehicle.
2 (viii) (vi) Any
combination of 3 violations described in
3 subdivision (a)(ii) arising from separate incidents within 36
4 months while operating a commercial motor vehicle.
5 (d) Suspension for 3
years if the licensee person is
6 convicted of or found responsible for an offense enumerated in
7 subdivision (c)(i) to (v) (vii) in which a
commercial motor
8 vehicle was used if the vehicle was carrying hazardous material
9 required to have a placard pursuant to 49 CFR parts 100 to 199.
10 (e) Revocation for life, but with eligibility after not less
11 than 10 years and until the person is approved by the secretary
12 of state for the issuance
of a vehicle group designation if a
13 licensee the person is convicted of or found
responsible for 1
14 of the following:
15 (i) Any combination of 2 violations arising from 2 or more
16 separate incidents under section 625(1), (3), (4), (5), (6), (7),
17 or (8), section 625m, or former section 625(1) or (2), or former
18 section 625b, while driving a commercial motor vehicle.
19 (ii) Two violations of leaving the scene of an accident
20 involving a commercial motor vehicle operated by the licensee.
21 (iii) Two violations of a felony in which a commercial motor
22 vehicle was used.
23 (iv) Two refusals of a request of a police officer to submit
24 to a chemical test of his or her blood, breath, or urine for the
25 purpose of determining the amount of alcohol or presence of a
26 controlled substance or both in his or her blood while he or she
27 was operating a commercial motor vehicle in this state or another
1 state, which refusals occurred in separate incidents.
2 (v) Operating a commercial motor vehicle in violation of a
3 suspension, revocation, denial, or cancellation that was imposed
4 for previous violations committed while operating a commercial
5 motor vehicle.
6 (vi) Causing a fatality through the negligent or criminal
7 operation of a commercial motor vehicle, including, but not
8 limited to, the crimes of motor vehicle manslaughter, motor
9 vehicle homicide, and negligent homicide.
10 (vii) (v) Two 6-point
violations as provided in
11 section 320a while operating a commercial motor vehicle.
12 (viii) (vi) Two
violations, in any combination, of the
13 offenses enumerated under subparagraph (i), (ii), (iii), (iv), or
14 (v) arising from 2 or more separate incidents.
15 (f) Revocation for
life if a licensee person is convicted
16 of or found responsible for any of the following:
17 (i) One violation of a felony in which a commercial motor
18 vehicle was used and that involved the manufacture, distribution,
19 or dispensing of a controlled substance or possession with intent
20 to manufacture, distribute, or dispense a controlled substance.
21 (ii) A conviction of any offense described in subdivision (c)
22 or (d) after having been approved for the issuance of a vehicle
23 group designation under subdivision (e).
24 (iii) A conviction of a violation of chapter LXXXIII-A of the
25 Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z.
26 (2) The secretary of state shall immediately revoke for life
27 the hazardous material indorsement (H vehicle indorsement) on the
1 operator's or chauffeur's license of a person with a vehicle
2 group designation upon receiving notice from the U.S. department
3 of transportation that the person poses a security risk
4 warranting denial under the uniting and strengthening America by
5 providing appropriate tools required to intercept and obstruct
6 terrorism (USA PATRIOT ACT) act of 2001, Public Law 107-56, 115
7 Stat. 272.
8 (3) The secretary of state shall immediately suspend all
9 vehicle group designations on the operator's or chauffeur's
10 license of a person upon receiving notice of a conviction, bond
11 forfeiture, or civil infraction determination of the person, or
12 notice that a court or administrative tribunal has found the
13 person responsible, for a violation of section 319d(4) or 319f, a
14 local ordinance substantially corresponding to section 319d(4) or
15 319f, or a law or local ordinance of another state, the United
16 States, Canada, Mexico, or a local jurisdiction of either of
17 these countries substantially corresponding to section 319d(4) or
18 319f, while operating a commercial motor vehicle. The period of
19 suspension or revocation is as follows:
20 (a) Suspension for 90
days if the licensee person is
21 convicted of or found responsible for a violation of section
22 319d(4) or 319f while operating a commercial motor vehicle.
23 (b) Suspension for
180 days if the licensee person is
24 convicted of or found responsible for a violation of section
25 319d(4) or 319f while operating a commercial motor vehicle that
26 is either carrying hazardous material required to have a placard
27 pursuant to 49 CFR parts 100 to 199 or designed to carry 16 or
1 more passengers, including the driver.
2 (c) Suspension for 1
year if the licensee person is
3 convicted of or found responsible for 2 violations, in any
4 combination, of section 319d(4) or 319f while operating a
5 commercial motor vehicle arising from 2 or more separate
6 incidents during a 10-year period.
7 (d) Suspension for 3
years if the licensee person is
8 convicted of or found responsible for 3 or more violations, in
9 any combination, of section 319d(4) or 319f while operating a
10 commercial motor vehicle arising from 3 or more separate
11 incidents during a 10-year period.
12 (e) Suspension for 3
years if the licensee person is
13 convicted of or found responsible for 2 or more violations, in
14 any combination, of section 319d(4) or 319f while operating a
15 commercial motor vehicle carrying hazardous material required to
16 have a placard pursuant to 49 CFR parts 100 to 199, or designed
17 to carry 16 or more passengers, including the driver, arising
18 from 2 or more separate incidents during a 10-year period.
19 (4) As used in this section:
20 (a) "Felony in which a commercial motor vehicle was used"
21 means a felony during the commission of which the person
22 convicted operated a commercial motor vehicle and while the
23 person was operating the vehicle 1 or more of the following
24 circumstances existed:
25 (i) The vehicle was used as an instrument of the felony.
26 (ii) The vehicle was used to transport a victim of the
27 felony.
1 (iii) The vehicle was used to flee the scene of the felony.
2 (iv) The vehicle was necessary for the commission of the
3 felony.
4 (b) "Serious
traffic violation" means a any of the
5 following:
6 (i) A traffic violation that occurs in connection with an
7 accident in which a
person died. , careless
8 (ii) Careless
driving. , excessive
9 (iii) Excessive speeding as defined in regulations
10 promulgated under chapter
313 of title 49 of the United
States
11 Code, 49 USC 31301 to 31317. , improper
12 (iv) Improper
lane use. , following
13 (v) Following
too closely. , or any
14 (vi) Driving a commercial motor vehicle without obtaining any
15 vehicle group designation on the person's license.
16 (vii) Driving a commercial motor vehicle without an
17 operator's or chauffeur's license in possession. However, a
18 person who, not later than the date by which the person must
19 appear in court or pay any fine for a violation, provides proof
20 to the law enforcement officer who issued the citation that the
21 person held a valid vehicle group designation and indorsement on
22 the date the citation was issued, is not guilty of this offense.
23 (viii) Driving a commercial motor vehicle while in possession
24 of an operator's or chauffeur's license that has a vehicle group
25 designation but does not have the appropriate vehicle group
26 designation or indorsement required for the specific vehicle
27 group being operated or the passengers or type of cargo being
1 transported.
2 (ix) Any other serious traffic violation as defined in 49 CFR
3 383.5 or as prescribed under this act.
4 (5) For the purpose of this section only, a bond forfeiture
5 or a determination by a court of original jurisdiction or an
6 authorized administrative tribunal that a person has violated the
7 law is considered a conviction.
8 (6) The secretary of state shall suspend or revoke a vehicle
9 group designation under subsection (1) notwithstanding a
10 suspension, restriction, revocation, or denial of an operator's
11 or chauffeur's license or vehicle group designation under another
12 section of this act or a court order issued under another section
13 of this act or a local ordinance substantially corresponding to
14 another section of this act.
15 (7) Effective October 1, 2005, a conviction, bond forfeiture,
16 or civil infraction determination, or notice that a court or
17 administrative tribunal has found a person responsible for a
18 violation described in this subsection while the person was
19 operating a noncommercial motor vehicle counts against the person
20 who holds a license to operate a commercial motor vehicle the
21 same as if the person had been operating a commercial motor
22 vehicle at the time of the violation. For the purpose of this
23 subsection, a noncommercial motor vehicle does not include a
24 recreational vehicle used off-road. This subsection applies to
25 the following state law violations and to a local ordinance
26 substantially corresponding to any of those violations or a law
27 of another state or out-of-state jurisdiction substantially
1 corresponding to any of those violations:
2 (a) Operating a vehicle in violation of section 625.
3 (b) Suspension for a refusal to submit to a chemical test of
4 his or her blood, breath, or urine for the purpose of determining
5 the amount of alcohol or the presence of a controlled substance
6 or both in the person's blood, breath, or urine as required by a
7 law or local ordinance of this or another state.
8 (c) Leaving the scene of an accident.
9 (d) Using a vehicle to commit a felony.
10 (8) (7) When
determining the applicability of conditions
11 listed in this section, the secretary of state shall only
12 consider violations that occurred after January 1, 1990.
13 Sec. 319c. (1) The secretary of state shall provide the
14 United States department of transportation with the following
15 information pertaining to an operator's or chauffeur's license
16 with a vehicle group designation:
17 (a) A notice of the issuance of an operator's or chauffeur's
18 license with a vehicle group designation within 10 days after the
19 issuance of the license.
20 (b) A notice of a suspension, revocation, or denial of a
21 license within 10 days after the suspension, revocation, or
22 denial. If the
licensee is a nonresident, a notice of the state
23 that issued the
suspension, revocation, or denial of the license
24 shall also be
provided.
25 (2) Within 10 days after receiving a record of conviction,
26 civil infraction determination, or forfeiture of bail in this
27 state of a nonresident driver of a commercial motor vehicle for a
1 violation under the motor vehicle laws of this state, other than
2 a parking violation, the secretary of state shall notify the
3 motor vehicle administrator or other appropriate officer in the
4 state in which the person is licensed.
5 Sec. 320a. (1) The
secretary of state, within 10 5 days
6 after the receipt of a properly prepared abstract from this state
7 or another state, shall record the date of conviction, civil
8 infraction determination, or probate court disposition, and the
9 number of points for each, based on the following formula, except
10 as otherwise provided in this section and section 629c:
11 (a) Manslaughter, negligent homicide, or a felony
12 resulting from the operation of a motor vehicle, ORV, or
13 snowmobile............................................ 6 points
14 (b) A violation of section 601b(2) or (3), 601c(1) or
15 (2), or 653a(3) or (4)................................ 6 points
16 (c) A violation of section 625(1), (4), (5), (7), or
17 (8), section 81134 or 82127(1) of the natural resources
18 and environmental protection act, 1994 PA 451,
19 MCL 324.81134 and 324.82127, or a law or ordinance
20 substantially corresponding to section 625(1), (4), (5),
21 (7), or (8) , or
section 81134 or 82127(1) of the
22 natural resources and environmental protection act, 1994
23 PA 451, MCL 324.81134 and 324.82127................... 6 points
24 (d) Failing to stop and disclose identity at the scene
1 of an accident when required by law................... 6 points
2 (e) Operating a motor vehicle in violation of section
3 626................................................... 6 points
4 (f) Fleeing or eluding an officer................... 6 points
5 (g) A violation of section 627(9) pertaining to speed
6 in a work zone described in that section by exceeding the
7 lawful maximum by more than 15 miles per hour......... 5 points
8 (h) A violation of any law other than the law described
9 in subdivision (g) or ordinance pertaining to speed by
10 exceeding the lawful maximum by more than 15 miles per
11 hour.................................................. 4 points
12 (i) A violation of section 625(3) or (6), section 81135
13 or 82127(3) of the natural resources and environmental
14 protection act, 1994 PA 451, MCL 324.81135 and 324.82127,
15 or a law or ordinance substantially corresponding to
16 section 625(3) or (6) or section 81135 or 82127(3) of the
17 natural resources and environmental protection act, 1994
18 PA 451, MCL 324.81135 and 324.82127................... 4 points
19 (j) A violation of section 626a or a law or ordinance
20 substantially corresponding to section 626a........... 4 points
21 (k) A violation of section 653a(2).................. 4 points
1 (l) A violation of section 627(9) pertaining to speed
2 in a work zone described in that section by exceeding the
3 lawful maximum by more than 10 but not more than 15 miles
4 per hour.............................................. 4 points
5 (m) A violation of any law other than the law described
6 in subdivision (l) or ordinance pertaining to speed by
7 exceeding the lawful maximum by more than 10 but not more
8 than 15 miles per hour or careless driving in violation
9 of section 626b or a law or ordinance substantially
10 corresponding to section 626b......................... 3 points
11 (n) A violation of section 627(9) pertaining to speed
12 in a work zone described in that section by exceeding the
13 lawful maximum by 10 miles per hour or less........... 3 points
14 (o) A violation of any law other than the law described
15 in subdivision (n) or ordinance pertaining to speed by
16 exceeding the lawful maximum by 10 miles per hour or less2 points
17 (p) Disobeying a traffic signal or stop sign, or
18 improper passing...................................... 3 points
19 (q) A violation of section 624a, 624b, or a law or
20 ordinance substantially corresponding to section 624a or
21 624b.................................................. 2 points
1 (r) A violation of section 310e(4) or (6) or a law or
2 ordinance substantially corresponding to section 310e(4)
3 or (6)................................................ 2 points
4 (s) All other moving violations pertaining to the
5 operation of motor vehicles reported under this section 2 points
6 (t) A refusal by a person less than 21 years of age to
7 submit to a preliminary breath test required by a peace
8 officer under section 625a............................ 2 points
9 (2) Points shall not be entered for a violation of section
10 310e(14), 311, 625m, 658, 717, 719, 719a, or 723.
11 (3) Points shall not be entered for bond forfeitures.
12 (4) Points shall not be entered for overweight loads or for
13 defective equipment.
14 (5) If more than 1 conviction, civil infraction
15 determination, or probate court disposition results from the same
16 incident, points shall be entered only for the violation that
17 receives the highest number of points under this section.
18 (6) If a person has accumulated 9 points as provided in this
19 section, the secretary of state may call the person in for an
20 interview as to the person's driving ability and record after due
21 notice as to time and place of the interview. If the person
22 fails to appear as provided in this subsection, the secretary of
23 state shall add 3 points to the person's record.
24 (7) If a person violates a speed restriction established by
25 an executive order issued during a state of energy emergency as
1 provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of
2 state shall enter points for the violation pursuant to subsection
3 (1).
4 (8) The secretary of state shall enter 6 points upon the
5 record of a person whose license is suspended or denied pursuant
6 to section 625f. However, if a conviction, civil infraction
7 determination, or probate court disposition results from the same
8 incident, additional points for that offense shall not be
9 entered.
10 (9) If a Michigan driver commits a violation in another state
11 that would be a civil infraction if committed in Michigan, and a
12 conviction results solely because of the failure of the Michigan
13 driver to appear in that state to contest the violation, upon
14 receipt of the abstract of conviction by the secretary of state,
15 the violation shall be noted on the driver's record, but no
16 points shall be assessed against his or her driver's license.
17 Sec. 321a. (1) A person who fails to answer a citation, or
18 a notice to appear in court for a violation reportable to the
19 secretary of state under section 732 or a local ordinance
20 substantially corresponding to a violation of a law of this state
21 reportable to the secretary of state under section 732, or for
22 any matter pending, or who fails to comply with an order or
23 judgment of the court, including, but not limited to, paying all
24 fines, costs, fees, and assessments, is guilty of a misdemeanor
25 punishable by imprisonment for not more than 93 days or a fine of
26 not more than $100.00, or both. A violation of this subsection
27 or failure to answer a citation or notice to appear for a
1 violation of section 33b(1) of former 1933 (Ex Sess) PA 8,
2 section 703(1) of the Michigan liquor control code of 1998, 1998
3 PA 58, MCL 436.1703, or a local ordinance substantially
4 corresponding to either of those sections shall not be considered
5 a violation for any purpose under section 320a.
6 (2) Except as provided in subsection (3), 28 days or more
7 after a person fails to answer a citation, or a notice to appear
8 in court for a violation reportable to the secretary of state
9 under section 732 or a local ordinance substantially
10 corresponding to a violation of a law of this state reportable to
11 the secretary of state under section 732, or for any matter
12 pending, or fails to comply with an order or judgment of the
13 court, including, but not limited to, paying all fines, costs,
14 fees, and assessments, the court shall give notice by mail at the
15 last known address of the person that if the person fails to
16 appear or fails to comply with the order or judgment within 14
17 days after the notice is issued, the secretary of state shall
18 suspend the person's operator's or chauffeur's license. If the
19 person fails to appear or fails to comply with the order or
20 judgment within the 14-day period, the court shall, within 14
21 days, inform the secretary of state, who shall immediately
22 suspend the license of the person. The secretary of state shall
23 immediately notify the person of the suspension by regular mail
24 at the person's last known address.
25 (3) If the person is charged with, or convicted of, a
26 violation of section 625 or a local ordinance substantially
27 corresponding to section 625(1), (2), (3), (6), or (8) and the
1 person fails to answer a citation or a notice to appear in court,
2 or for any matter pending, or fails to comply with an order or
3 judgment of the court, including, but not limited to, paying all
4 fines, costs, and crime victim rights assessments, the court
5 shall immediately give notice by first-class mail sent to the
6 person's last known address that if the person fails to appear
7 within 7 days after the notice is issued, or fails to comply with
8 the order or judgment of the court, including, but not limited
9 to, paying all fines, costs, and crime victim rights assessments,
10 within 14 days after the notice is issued, the secretary of state
11 shall suspend the person's operator's or chauffeur's license. If
12 the person fails to appear within the 7-day period, or fails to
13 comply with the order or judgment of the court, including, but
14 not limited to, paying all fines, costs, and crime victim rights
15 assessments, within the 14-day period, the court shall
16 immediately inform the secretary of state who shall immediately
17 suspend the person's operator's or chauffeur's license and notify
18 the person of the suspension by first-class mail sent to the
19 person's last known address.
20 (4) If the person is charged with, or convicted of, a
21 violation of section 33b(1) of former 1933 (Ex Sess) PA 8,
22 section 703(1) of the Michigan liquor control code of 1998, 1998
23 PA 58, MCL 436.1703, section 624a, section 624b, or a local
24 ordinance substantially corresponding to those sections and the
25 person fails to answer a citation or a notice to appear in court
26 issued pursuant to section 33b of former 1933 (Ex Sess) PA 8,
27 section 703 of the Michigan liquor control code of 1998, 1998
1 PA 58, MCL 436.1703, section 624a, section 624b, or a local
2 ordinance substantially corresponding to those sections or fails
3 to comply with an order or judgment of the court issued pursuant
4 to section 33b of former 1933 (Ex Sess) PA 8, section 703 of the
5 Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703,
6 section 624a, section 624b, or a local ordinance substantially
7 corresponding to those sections including, but not limited to,
8 paying all fines and costs, the court shall immediately give
9 notice by first-class mail sent to the person's last known
10 address that if the person fails to appear within 7 days after
11 the notice is issued, or fails to comply with the order or
12 judgment of the court, including, but not limited to, paying all
13 fines and costs, within 14 days after the notice is issued, the
14 secretary of state shall suspend the person's operator's or
15 chauffeur's license. If the person fails to appear within the
16 7-day period, or fails to comply with the order or judgment of
17 the court, including, but not limited to, paying all fines and
18 costs, within the 14-day period, the court shall immediately
19 inform the secretary of state who shall immediately suspend the
20 person's operator's or chauffeur's license and notify the person
21 of the suspension by first-class mail sent to the person's last
22 known address.
23 (5) A suspension imposed under subsection (2) or (3) remains
24 in effect until both of the following occur:
25 (a) The secretary of state is notified by each court in which
26 the person failed to answer a citation or notice to appear or
27 failed to pay a fine or cost that the person has answered that
1 citation or notice to appear or paid that fine or cost.
2 (b) The person has paid to the court a $45.00 driver license
3 clearance fee for each failure to answer a citation or failure to
4 pay a fine or cost.
5 (6) The court shall not notify the secretary of state, and
6 the secretary of state shall not suspend the person's license, if
7 the person fails to appear in response to a citation issued for,
8 or fails to comply with an order or judgment involving 1 or more
9 of the following infractions:
10 (a) The parking or standing of a vehicle.
11 (b) A pedestrian, passenger, or bicycle violation, other than
12 a violation of section 33b(1) or (2) of former 1933 (Ex Sess)
13 PA 8, section 703(1) or (2) of the Michigan liquor control code
14 of 1998, 1998 PA 58, MCL 436.1703, section 624a or 624b, or a
15 local ordinance substantially corresponding to section 33b(1) or
16 (2) of former 1933 (Ex Sess) PA 8, section 703(1) or (2) of the
17 Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703,
18 or section 624a or 624b.
19 (7) The court may notify a person who has done either of the
20 following, that if the person does not appear within 10 days
21 after the notice is issued, the court will inform the secretary
22 of state of the person's failure to appear:
23 (a) Failed to answer 2 or more parking violation notices or
24 citations for violating a provision of this act or an ordinance
25 substantially corresponding to a provision of this act pertaining
26 to parking for persons with disabilities.
27 (b) Failed to answer 6 or more parking violation notices or
1 citations regarding illegal parking.
2 (8) The secretary of state, upon being informed of the
3 failure of a person to appear or comply as provided in subsection
4 (7), shall not issue a license to the person or renew a license
5 for the person until both of the following occur:
6 (a) The court informs the secretary of state that the person
7 has resolved all outstanding matters regarding the notices or
8 citations.
9 (b) The person has paid to the court a $45.00 driver license
10 clearance fee. If the court determines that the person is
11 responsible for only 1 parking violation under subsection (7)(a)
12 or less than 6 parking violations under subsection (7)(b) for
13 which the person's license was not issued or renewed under this
14 subsection, the court may waive payment of the fee.
15 (9) Not less than 28 days after a person fails to appear in
16 response to a citation issued for, or fails to comply with an
17 order or judgment involving, a state civil infraction described
18 in chapter 88 of the revised judicature act of 1961, 1961 PA 236,
19 MCL 600.8801 to 600.8835, the court shall give notice by ordinary
20 mail, addressed to the person's last known address, that if the
21 person fails to appear or fails to comply with the order or
22 judgment described in this subsection within 14 days after the
23 notice is issued, the court will give to the secretary of state
24 notice of that failure. Upon receiving notice of that failure,
25 the secretary of state shall not issue or renew an operator's or
26 chauffeur's license for the person until both of the following
27 occur:
1 (a) The court informs the secretary of state that the person
2 has resolved all outstanding matters regarding each notice or
3 citation.
4 (b) The person has paid to the court a $45.00 driver license
5 clearance fee. If the court determines that the person is not
6 responsible for any violation for which the person's license was
7 not issued or renewed under this subsection, the court shall
8 waive the fee.
9 (10) For the purposes of subsections (5)(a), (8)(a), and
10 (9)(a), the court shall give to the person a copy of the
11 information being transmitted to the secretary of state. Upon
12 showing that copy, the person shall not be arrested or issued a
13 citation for driving on a suspended license, on an expired
14 license, or without a license on the basis of any matter resolved
15 under subsection (5)(a), (8)(a), or (9)(a), even if the
16 information being sent to the secretary of state has not yet been
17 received or recorded by the department.
18 (11) For each fee received under subsection (5)(b), (8)(b),
19 or (9)(b), the court shall transmit the following amounts on a
20 monthly basis:
21 (a) Fifteen dollars to the secretary of state. The funds
22 received by the secretary of state under this subdivision shall
23 be deposited in the state general fund and shall be used to
24 defray the expenses of the secretary of state in processing the
25 suspension and reinstatement of driver licenses under this
26 section.
27 (b) Fifteen dollars to 1 of the following, as applicable:
1 (i) If the matter is before the circuit court, to the
2 treasurer of the county for deposit in the general fund.
3 (ii) If the matter is before the district court, to the
4 treasurer of the district funding unit for that court, for
5 deposit in the general fund. As used in this section, "district
6 funding unit" means that term as defined in section 8104 of the
7 revised judicature act of 1961, 1961 PA 236, MCL 600.8104.
8 (iii) If the matter is before a municipal court, to the
9 treasurer of the city in which the municipal court is located,
10 for deposit in the general fund.
11 (c) Fifteen dollars to the juror compensation reimbursement
12 fund created in section 151d of the revised judicature act of
13 1961, 1961 PA 236, MCL 600.151d.
14 (12) Section 819 does not apply to a reinstatement fee
15 collected for an operator's or chauffeur's license that is not
16 issued or renewed under section 8827 of the revised judicature
17 act of 1961, 1961 PA 236, MCL 600.8827.
18 (13) The secretary of state shall immediately suspend the
19 operator's and chauffeur's license of a person licensed to
20 operate a commercial motor vehicle, or a person who operates a