SB-0809, As Passed Senate, June 6, 2012

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 809

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 212, 304, 319, 319b, and 904 (MCL 257.212,

 

257.304, 257.319, 257.319b, and 257.904), section 212 as amended by

 

2002 PA 534, section 304 as added by 2010 PA 155, section 319 as

 

amended by 2010 PA 267, section 319b as amended by 2011 PA 159, and

 

section 904 as amended by 2008 PA 461.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 212. If the secretary of state is authorized or required

 

to give notice under this act or other law regulating the operation

 

of a vehicle, unless a different method of giving notice is

 

otherwise expressly prescribed, notice shall be given either by

 

personal delivery to the person to be notified or by first-class

 


United States mail addressed to the person at the address shown by

 

the record of the secretary of state. The giving of notice by mail

 

is complete upon the expiration of 5 days after mailing the notice.

 

Proof of the giving of notice in either manner may be made by the

 

certificate of a person 18 years of age or older, naming the person

 

to whom notice was given and specifying the time, place, and manner

 

of the giving of notice.

 

     Sec. 304. (1) Except as provided in subsection (3), the

 

secretary of state shall issue a restricted license to a person

 

whose license was suspended or restricted under section 319 or

 

revoked or denied under section 303 based on either of the

 

following:

 

     (a) Two or more convictions for violating section 625(1) or

 

(3) or a local ordinance of this state substantially corresponding

 

to section 625(1) or (3).

 

     (b) One conviction for violating section 625(1) or (3) or a

 

local ordinance of this state substantially corresponding to

 

section 625(1) or (3), preceded by 1 or more convictions for

 

violating a local ordinance or law of another state substantially

 

corresponding to section 625(1), (3), or (6), or a law of the

 

United States substantially corresponding to section 625(1), (3),

 

or (6).

 

     (2) A restricted license issued under subsection (1) shall not

 

be issued until after the person's operator's or chauffeur's

 

license has been suspended or revoked for 45 days and the judge

 

assigned to a DWI/sobriety court certifies to the secretary of

 

state that both of the following conditions have been met:

 


     (a) The person has been admitted into a DWI/sobriety court

 

program.

 

     (b) An ignition interlock device approved, certified, and

 

installed as required under sections 625k and 625l has been

 

installed on each motor vehicle owned or operated, or both, by the

 

individual.

 

     (3) A restricted license shall not be issued under subsection

 

(1) if the person is otherwise ineligible for an operator's or

 

chauffeur's license under this act, unless the person's

 

ineligibility is based on 1 or more of the following:

 

     (a) Section 303(1)(i) or (l).

 

     (b) Section 303(2)(c)(i) or (iii).

 

     (c) Section 303(2)(g)(i) or (iii).

 

     (d) Section 319(4), (5), (6), (7), (8)(a) to (e), or (9).

 

     (e) Section 319e(2)(a) or (b).

 

     (f) Section 320(1)(d).

 

     (g) Section 321a(1), (2), or (3).

 

     (h) Section 323c.

 

     (i) Section 625f(1)(a).625f.

 

     (j) Section 732a(5).

 

     (k) Section 904(10).

 

     (l) Section 82105a(2) of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.82105a.

 

     (m) Section 3177 of the insurance code of 1956, 1956 PA 218,

 

MCL 500.3177.

 

     (n) Section 10 of the motor vehicle claims act, 1965 PA 198,

 

MCL 257.1110.

 


     (4) A restricted license issued under subsection (1) permits

 

the person to whom it is issued to operate only the vehicle

 

equipped with an ignition interlock device described in subsection

 

(2)(b), to take any driving skills test required by the secretary

 

of state, and to drive to and from any combination of the following

 

locations:

 

     (a) The person's residence.

 

     (b) The person's workplace.

 

     (c) The person's school.

 

     (d) An alcohol or drug education or treatment program as

 

ordered by the court.

 

     (5) Except as otherwise provided in this section, a restricted

 

license issued under subsection (1) is effective until a hearing

 

officer orders an unrestricted license under section 322. The

 

person shall not be considered for hearing officer shall not order

 

an unrestricted license until the later of the following events

 

occurs:

 

     (a) The court notifies the secretary of state that the person

 

has successfully completed the DWI/sobriety court program.

 

     (b) The minimum period of license sanction that would have

 

been imposed under section 303 or 319 but for this section has been

 

completed.

 

     (c) The person satisfies the requirements of section 303 and R

 

257.313 of the Michigan administrative code.

 

     (6) In determining whether to order an unrestricted license

 

under subsection (5), the successful completion of the DWI/sobriety

 

court program and a certificate from the DWI/sobriety court judge

 


shall be considered positive evidence of the petitioner's

 

abstinence while the petitioner participated in the DWI/sobriety

 

court program. As used in this subsection, "certificate" includes,

 

but is not limited to, a statement that the participant has

 

maintained a period of abstinence from alcohol for not less than 6

 

months at the time the participant completed the DWI/sobriety court

 

program.

 

     (7) (6) If the secretary of state receives a notification from

 

the DWI/sobriety court under section 1084(6) of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.1084, the secretary of

 

state shall summarily impose 1 of the following license sanctions,

 

as applicable:

 

     (a) Suspension for the full length of time provided under

 

section 319(8). However, a restricted license shall not be issued

 

as provided under section 319(8). This subdivision applies if the

 

underlying conviction or convictions would have subjected the

 

person to a license sanction under section 319(8) if this section

 

did not apply.

 

     (b) A license revocation and denial for the full length of

 

time provided under section 303. The minimum period of license

 

revocation and denial imposed shall be the same as if this section

 

did not apply. This subdivision applies if the underlying

 

conviction or convictions would have caused a license revocation

 

and denial under section 303 if this section did not apply.

 

     (8) (7) After the person completes the DWI/sobriety court

 

interlock pilot program, the following apply:

 

     (a) The secretary of state shall postpone considering the

 


issuance of an unrestricted license under section 322 for a period

 

of 3 months for each act that would be a minor violation if the

 

person's license had been issued under section 322(6). As used in

 

this subdivision, "minor violation" means that term as defined in R

 

257.301a of the Michigan administrative code.

 

     (b) (a) The restricted license issued under this section shall

 

be suspended or revoked or denied as provided in subsection (6),

 

(7), unless set aside under subsection (5), if any of the following

 

events occur:

 

     (i) The person operates a motor vehicle without an ignition

 

interlock device that meets the criteria under subsection (2)(b).

 

     (ii) The person removes, or causes to be removed, an ignition

 

interlock device from a vehicle he or she owns or operates unless

 

the secretary of state has authorized its removal under section

 

322a.

 

     (iii) The person commits any other act that would be a major

 

violation if the person's license had been issued under section

 

322(6). As used in this subparagraph, "major violation" means that

 

term as defined in R 257.301a of the Michigan administrative code.

 

     (iv) (iii) The person is arrested for a violation of any of the

 

following:

 

     (A) Section 625.

 

     (B) A local ordinance of this state or another state

 

substantially corresponding to section 625.

 

     (C) A law of the United States substantially corresponding to

 

section 625.

 

     (b) If the person is convicted of or found responsible for any

 


offense that requires the suspension, revocation, denial, or

 

cancellation of the person's operator's or chauffeur's license, the

 

restricted license issued under this section shall be suspended

 

until the requisite period of license suspension, revocation,

 

denial, or cancellation, as appropriate, has elapsed.

 

     (c) If the person has failed to pay any court-ordered fines or

 

costs that resulted from the operation of a vehicle, the restricted

 

license issued under this section shall be suspended pending

 

payment of those fines and costs.

 

     (9) (8) All driver responsibility fees required to be assessed

 

by the secretary of state under section 732a for the conviction or

 

convictions that led to the restricted license under this section

 

shall be held in abeyance as follows:

 

     (a) The fees shall be held in abeyance during the time the

 

person has a restricted license under this section and is

 

participating in the DWI/sobriety court interlock pilot project.

 

     (b) At the end of the person's participation in the

 

DWI/sobriety court program, the driver responsibility fees shall be

 

assessed and paid under the payment schedule described in section

 

732a.

 

     (10) (9) The vehicle of an individual admitted to the

 

DWI/sobriety court interlock pilot project whose vehicle would

 

otherwise be subject to immobilization or forfeiture under this act

 

is exempt from both immobilization and forfeiture under sections

 

625n and 904d if both of the following apply:

 

     (a) The person is a DWI/sobriety court interlock pilot program

 

participant in good standing or the person successfully

 


satisfactorily completes the DWI/sobriety court interlock pilot

 

program.

 

     (b) The person does not subsequently violate a law of this

 

state for which vehicle immobilization or forfeiture is a sanction.

 

     (11) (10) This section only applies to individuals arrested

 

for a violation of section 625 on or after the effective date of

 

the amendatory act that added this section.January 1, 2011.

 

     (12) (11) As used in this section:

 

     (a) "DWI/sobriety court" means that term as defined in section

 

1084 of the revised judicature act of 1961, 1961 PA 236, MCL

 

600.1084.

 

     (b) "DWI/sobriety court interlock pilot project" and

 

"DWI/sobriety court program" mean those terms as defined or

 

described in section 1084 of the revised judicature act of 1961,

 

1961 PA 236, MCL 600.1084.

 

     Sec. 319. (1) The secretary of state shall immediately suspend

 

a person's license as provided in this section upon receiving a

 

record of the person's conviction for a crime described in this

 

section, whether the conviction is under a law of this state, a

 

local ordinance substantially corresponding to a law of this state,

 

a law of another state substantially corresponding to a law of this

 

state, or, beginning October 31, 2010, a law of the United States

 

substantially corresponding to a law of this state.

 

     (2) The secretary of state shall suspend the person's license

 

for 1 year for any of the following crimes:

 

     (a) Fraudulently altering or forging documents pertaining to

 

motor vehicles in violation of section 257.

 


     (b) A violation of section 413 of the Michigan penal code,

 

1931 PA 328, MCL 750.413.

 

     (c) A violation of section 1 of former 1931 PA 214, MCL

 

752.191, or section 626c.

 

     (d) A felony in which a motor vehicle was used. As used in

 

this section, "felony in which a motor vehicle was used" means a

 

felony during the commission of which the person convicted operated

 

a motor vehicle and while operating the vehicle presented real or

 

potential harm to persons or property and 1 or more of the

 

following circumstances existed:

 

     (i) The vehicle was used as an instrument of the felony.

 

     (ii) The vehicle was used to transport a victim of the felony.

 

     (iii) The vehicle was used to flee the scene of the felony.

 

     (iv) The vehicle was necessary for the commission of the

 

felony.

 

     (e) A violation of section 602a(2) or (3) of this act or

 

section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL

 

750.479a.

 

     (f) Beginning October 31, 2010, a violation of section 601d.

 

     (3) The secretary of state shall suspend the person's license

 

for 90 days for any of the following crimes:

 

     (a) Failing to stop and disclose identity at the scene of an

 

accident resulting in injury in violation of section 617a.

 

     (b) A violation of section 601b(2), section 601c(1), section

 

653a(3), section 626 before October 31, 2010, or, beginning October

 

31, 2010, section 626(2).

 

     (c) Malicious destruction resulting from the operation of a

 


vehicle under section 382(1)(b), (c), or (d) of the Michigan penal

 

code, 1931 PA 328, MCL 750.382.

 

     (d) A violation of section 703(2) of the Michigan liquor

 

control code of 1998, 1998 PA 58, MCL 436.1703.

 

     (4) The secretary of state shall suspend the person's license

 

for 30 days for malicious destruction resulting from the operation

 

of a vehicle under section 382(1)(a) of the Michigan penal code,

 

1931 PA 328, MCL 750.382.

 

     (5) For perjury or making a false certification to the

 

secretary of state under any law requiring the registration of a

 

motor vehicle or regulating the operation of a vehicle on a

 

highway, or for conduct prohibited under section 324(1) or a local

 

ordinance substantially corresponding to section 324(1), the

 

secretary shall suspend the person's license as follows:

 

     (a) If the person has no prior conviction for an offense

 

described in this subsection within 7 years, for 90 days.

 

     (b) If the person has 1 or more prior convictions for an

 

offense described in this subsection within 7 years, for 1 year.

 

     (6) For a violation of section 414 of the Michigan penal code,

 

1931 PA 328, MCL 750.414, the secretary of state shall suspend the

 

person's license as follows:

 

     (a) If the person has no prior conviction for that offense

 

within 7 years, for 90 days.

 

     (b) If the person has 1 or more prior convictions for that

 

offense within 7 years, for 1 year.

 

     (7) For a violation of section 624a or 624b of this act or

 

section 703(1) of the Michigan liquor control code of 1998, 1998 PA

 


58, MCL 436.1703, the secretary of state shall suspend the person's

 

license as follows:

 

     (a) If the person has 1 prior conviction for an offense

 

described in this subsection or section 33b(1) of former 1933 (Ex

 

Sess) PA 8, for 90 days. The secretary of state may issue the

 

person a restricted license after the first 30 days of suspension.

 

     (b) If the person has 2 or more prior convictions for an

 

offense described in this subsection or section 33b(1) of former

 

1933 (Ex Sess) PA 8, for 1 year. The secretary of state may issue

 

the person a restricted license after the first 60 days of

 

suspension.

 

     (8) The secretary of state shall suspend the person's license

 

for a violation of section 625 or 625m as follows:

 

     (a) For 180 days for a violation of section 625(1) or (8)

 

before October 31, 2010 or, beginning October 31, 2010, section

 

625(1)(a) or (b) or (8) if the person has no prior convictions

 

within 7 years. The secretary of state may issue the person a

 

restricted license during a specified portion of the suspension,

 

except that the secretary of state shall not issue a restricted

 

license during the first 30 days of suspension.

 

     (b) For 90 days for a violation of section 625(3) if the

 

person has no prior convictions within 7 years. However, if the

 

person is convicted of a violation of section 625(3), for operating

 

a vehicle when, due to the consumption of a controlled substance or

 

a combination of alcoholic liquor and a controlled substance, the

 

person's ability to operate the vehicle was visibly impaired, the

 

secretary of state shall suspend the person's license under this

 


subdivision for 180 days. The secretary of state may issue the

 

person a restricted license during all or a specified portion of

 

the suspension.

 

     (c) For 30 days for a violation of section 625(6) if the

 

person has no prior convictions within 7 years. The secretary of

 

state may issue the person a restricted license during all or a

 

specified portion of the suspension.

 

     (d) For 90 days for a violation of section 625(6) if the

 

person has 1 or more prior convictions for that offense within 7

 

years.

 

     (e) For 180 days for a violation of section 625(7) if the

 

person has no prior convictions within 7 years. The secretary of

 

state may issue the person a restricted license after the first 90

 

days of suspension.

 

     (f) For 90 days for a violation of section 625m if the person

 

has no prior convictions within 7 years. The secretary of state may

 

issue the person a restricted license during all or a specified

 

portion of the suspension.

 

     (g) Beginning October 31, 2010, for 1 year for a violation of

 

section 625(1)(c) if the person has no prior convictions within 7

 

years or not more than 2 convictions within 10 years. The secretary

 

of state may issue the person a restricted license, except that the

 

secretary of state shall not issue a restricted license during the

 

first 45 days of suspension.

 

     (h) Beginning October 31, 2010, the department shall order a

 

person convicted of violating section 625(1)(c) not to operate a

 

motor vehicle under a restricted license issued under subdivision

 


(g) unless the vehicle is equipped with an ignition interlock

 

device approved, certified, and installed as required under

 

sections 625k and 625l. The ignition interlock device may be removed

 

after the interlock device provider provides the department with

 

verification that the person has operated the vehicle with no

 

instances of reaching or exceeding a blood alcohol level of 0.025

 

grams per 210 liters of breath. This subdivision does not prohibit

 

the removal of the ignition interlock device for any of the

 

following:

 

     (i) A start-up test failure that occurs within the first 2

 

months after installation of the device. As used in this

 

subdivision, "start-up test failure" means that the ignition

 

interlock device has prevented the motor vehicle from being

 

started. Multiple unsuccessful attempts at 1 time to start the

 

vehicle shall be treated as 1 start-up test failure only under this

 

subparagraph.

 

     (ii) A start-up test failure occurring more than 2 months after

 

installation of the device, if not more than 15 minutes after

 

detecting the start-up test failure the person delivers a breath

 

sample that the ignition interlock device analyzes as having an

 

alcohol level of less than 0.025 grams per 210 liters of breath.

 

     (iii) A retest prompted by the device, if not more than 5

 

minutes after detecting the start-up test retest failure the person

 

delivers a breath sample that the ignition interlock device

 

analyzes as having an alcohol level of less than 0.025 grams per

 

210 liters of breath.

 

     (i) Beginning October 31, 2010, if an individual violates the

 


conditions of the restricted license issued under subdivision (g)

 

or operates or attempts to operate a motor vehicle with a blood

 

alcohol level of 0.025 grams per 210 liters of breath, the

 

secretary of state shall impose an additional like period of

 

suspension and restriction as prescribed under subdivision (g).

 

This subdivision does not require an additional like period of

 

suspension and restriction for any of the following:

 

     (i) A start-up test failure within the first 2 months after

 

installation of the ignition interlock device. As used in this

 

subdivision, "start-up test failure" means that the ignition

 

interlock device has prevented the motor vehicle from being

 

started. Multiple unsuccessful attempts at 1 time to start the

 

vehicle shall be treated as 1 start-up test failure only under this

 

subparagraph.

 

     (ii) A start-up test failure occurring more than 2 months after

 

installation of the device, if not more than 15 minutes after

 

detecting the start-up test failure the person delivers a breath

 

sample that the ignition interlock device analyzes as having an

 

alcohol level of less than 0.025 grams per 210 liters of breath.

 

     (iii) Any retest prompted by the device, if not more than 5

 

minutes after detecting the start-up test retest failure the person

 

delivers a breath sample that the ignition interlock device

 

analyzes as having an alcohol level of less than 0.025 grams per

 

210 liters of breath.

 

     (9) For a violation of section 367c of the Michigan penal

 

code, 1931 PA 328, MCL 750.367c, the secretary of state shall

 

suspend the person's license as follows:

 


     (a) If the person has no prior conviction for an offense

 

described in this subsection within 7 years, for 6 months.

 

     (b) If the person has 1 or more convictions for an offense

 

described in this subsection within 7 years, for 1 year.

 

     (10) For a violation of section 315(4), the secretary of state

 

may suspend the person's license for 6 months.

 

     (11) For a violation or attempted violation of section 411a(2)

 

of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a

 

school, the secretary of state shall suspend the license of a

 

person 14 years of age or over but less than 21 years of age until

 

3 years after the date of the conviction or juvenile disposition

 

for the violation. The secretary of state may issue the person a

 

restricted license after the first 365 days of suspension.

 

     (12) For a second or subsequent violation of section 701(1) of

 

the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701,

 

by an individual who is not a retail licensee or a retail

 

licensee's clerk, agent, or employee, the secretary of state shall

 

suspend the person's license for 180 days. The secretary of state

 

may issue a person a restricted license during all or a specified

 

portion of the suspension.

 

     (13) Except as provided in subsection (15), a suspension under

 

this section shall be imposed notwithstanding a court order unless

 

the court order complies with section 323.

 

     (14) If the secretary of state receives records of more than 1

 

conviction of a person resulting from the same incident, a

 

suspension shall be imposed only for the violation to which the

 

longest period of suspension applies under this section.

 


     (15) The secretary of state may waive a restriction,

 

suspension, or revocation of a person's license imposed under this

 

act if the person submits proof that a court in another state

 

revoked, suspended, or restricted his or her license for a period

 

equal to or greater than the period of a restriction, suspension,

 

or revocation prescribed under this act for the violation and that

 

the revocation, suspension, or restriction was served for the

 

violation, or may grant a restricted license.

 

     (16) The secretary of state shall not issue a restricted

 

license to a person whose license is suspended under this section

 

unless a restricted license is authorized under this section and

 

the person is otherwise eligible for a license.

 

     (17) The secretary of state shall not issue a restricted

 

license to a person under subsection (8) that would permit the

 

person to operate a commercial motor vehicle.

 

     (18) Except as provided in subsection (17), a restricted

 

license issued under this section shall permit the person to whom

 

it is issued to take any driving skills test required by the

 

secretary of state and to operate a vehicle under 1 or more of the

 

following circumstances:

 

     (a) In the course of the person's employment or occupation.

 

     (b) To and from any combination of the following:

 

     (i) The person's residence.

 

     (ii) The person's work location.

 

     (iii) An alcohol or drug education or treatment program as

 

ordered by the court.

 

     (iv) The court probation department.

 


     (v) A court-ordered community service program.

 

     (vi) An educational institution at which the person is enrolled

 

as a student.

 

     (vii) A place of regularly occurring medical treatment for a

 

serious condition for the person or a member of the person's

 

household or immediate family.

 

     (19) While driving with a restricted license, the person shall

 

carry proof of his or her destination and the hours of any

 

employment, class, or other reason for traveling and shall display

 

that proof upon a peace officer's request.

 

     (20) Subject to subsection (22), as used in subsection (8),

 

"prior conviction" means a conviction for any of the following,

 

whether under a law of this state, a local ordinance substantially

 

corresponding to a law of this state, or a law of another state

 

substantially corresponding to a law of this state:

 

     (a) Except as provided in subsection (21), a violation or

 

attempted violation of any of the following:

 

     (i) Section 625, except a violation of section 625(2), or a

 

violation of any prior enactment of section 625 in which the

 

defendant operated a vehicle while under the influence of

 

intoxicating or alcoholic liquor or a controlled substance, or a

 

combination of intoxicating or alcoholic liquor and a controlled

 

substance, or while visibly impaired, or with an unlawful bodily

 

alcohol content.

 

     (ii) Section 625m.

 

     (iii) Former section 625b.

 

     (b) Negligent homicide, manslaughter, or murder resulting from

 


the operation of a vehicle or an attempt to commit any of those

 

crimes.

 

     (c) Beginning October 31, 2010, a violation of section 601d or

 

section 626(3) or (4).

 

     (21) Except for purposes of the suspensions described in

 

subsection (8)(c) and (d), only 1 violation or attempted violation

 

of section 625(6), a local ordinance substantially corresponding to

 

section 625(6), or a law of another state substantially

 

corresponding to section 625(6) may be used as a prior conviction.

 

     (22) If 2 or more convictions described in subsection (20) are

 

convictions for violations arising out of the same transaction,

 

only 1 conviction shall be used to determine whether the person has

 

a prior conviction.

 

     Sec. 319b. (1) The secretary of state shall immediately

 

suspend or revoke, as applicable, all vehicle group designations on

 

the operator's or chauffeur's license of a person upon receiving

 

notice of a conviction, bond forfeiture, or civil infraction

 

determination of the person, or notice that a court or

 

administrative tribunal has found the person responsible, for a

 

violation described in this subsection of a law of this state, a

 

local ordinance substantially corresponding to a law of this state

 

while the person was operating a commercial motor vehicle, or a law

 

of another state substantially corresponding to a law of this

 

state, or notice that the person has refused to submit to a

 

chemical test of his or her blood, breath, or urine for the purpose

 

of determining the amount of alcohol or presence of a controlled

 

substance or both in the person's blood, breath, or urine while the

 


person was operating a commercial motor vehicle as required by a

 

law or local ordinance of this or another state. The period of

 

suspension or revocation is as follows:

 

     (a) Suspension for 60 days if the person is convicted of or

 

found responsible for 1 of the following while operating a

 

commercial motor vehicle:

 

     (i) Two serious traffic violations arising from separate

 

incidents within 36 months.

 

     (ii) A violation of section 667, 668, 669, or 669a.

 

     (iii) A violation of motor carrier safety regulations 49 CFR

 

392.10 or 392.11, as adopted by section 1a of the motor carrier

 

safety act of 1963, 1963 PA 181, MCL 480.11a.

 

     (iv) A violation of section 57 of the pupil transportation act,

 

1990 PA 187, MCL 257.1857.

 

     (v) A violation of motor carrier safety regulations 49 CFR

 

392.10 or 392.11, as adopted by section 31 of the motor bus

 

transportation act, 1982 PA 432, MCL 474.131.

 

     (vi) A violation of motor carrier safety regulations 49 CFR

 

392.10 or 392.11 while operating a commercial motor vehicle other

 

than a vehicle covered under subparagraph (iii), (iv), or (v).

 

     (b) Suspension for 120 days, to be served consecutively with a

 

60-day suspension imposed under subsection (1)(a)(i), subdivision

 

(a)(i), if the person is convicted of or found responsible for 1 of

 

the following arising from separate incidents within 36 months

 

while operating a commercial motor vehicle:

 

     (i) Three serious traffic violations.

 

     (ii) Any combination of 2 violations described in subdivision

 


(a)(ii).

 

     (c) Suspension for 1 year if the person is convicted of or

 

found responsible for 1 of the following:

 

     (i) A violation of section 625(1), (3), (4), (5), (6), (7), or

 

(8), section 625m, or former section 625(1) or (2), or former

 

section 625b, while operating a commercial or noncommercial motor

 

vehicle.

 

     (ii) Leaving the scene of an accident involving a commercial or

 

noncommercial motor vehicle operated by the person.

 

     (iii) Except for a felony described in 49 CFR 383.51(b)(9), a

 

felony in which a commercial or noncommercial motor vehicle was

 

used.

 

     (iv) A refusal of a peace officer's request to submit to a

 

chemical test of his or her blood, breath, or urine to determine

 

the amount of alcohol or presence of a controlled substance or both

 

in his or her blood, breath, or urine while he or she was operating

 

a commercial or noncommercial motor vehicle as required by a law or

 

local ordinance of this state or another state.

 

     (v) Operating a commercial motor vehicle in violation of a

 

suspension, revocation, denial, or cancellation that was imposed

 

for previous violations committed while operating a commercial

 

motor vehicle.

 

     (vi) Causing a fatality through the negligent or criminal

 

operation of a commercial motor vehicle, including, but not limited

 

to, the crimes of motor vehicle manslaughter, motor vehicle

 

homicide, and negligent homicide.

 

     (vii) A 6-point violation as provided in section 320a while

 


operating a commercial motor vehicle.

 

     (vii) (viii) Any combination of 3 violations described in

 

subdivision (a)(ii) arising from separate incidents within 36 months

 

while operating a commercial motor vehicle.

 

     (d) Suspension for 3 years if the person is convicted of or

 

found responsible for an offense enumerated in subdivision (c)(i) to

 

(vii) (vi) in which a commercial motor vehicle was used if the

 

vehicle was carrying hazardous material required to have a placard

 

under 49 CFR parts 100 to 199.

 

     (e) Revocation for life, but with eligibility for reissue of a

 

group vehicle designation after not less than 10 years and after

 

approval by the secretary of state, if the person is convicted of

 

or found responsible for 2 violations or a combination of any 2

 

violations arising from 2 or more separate incidents involving any

 

of the following:

 

     (i) Section 625(1), (3), (4), (5), (6), (7), or (8), section

 

625m, or former section 625(1) or (2), or former section 625b,

 

while operating a commercial or noncommercial motor vehicle.

 

     (ii) Leaving the scene of an accident involving a commercial or

 

noncommercial motor vehicle operated by the licensee.

 

     (iii) Except for a felony described in 49 CFR 383.51(b)(9), a

 

felony in which a commercial or noncommercial motor vehicle was

 

used.

 

     (iv) A refusal of a request of a police officer to submit to a

 

chemical test of his or her blood, breath, or urine for the purpose

 

of determining the amount of alcohol or presence of a controlled

 

substance or both in his or her blood while he or she was operating

 


a commercial or noncommercial motor vehicle in this state or

 

another state.

 

     (v) Operating a commercial motor vehicle in violation of a

 

suspension, revocation, denial, or cancellation that was imposed

 

for previous violations committed while operating a commercial

 

motor vehicle.

 

     (vi) Causing a fatality through the negligent or criminal

 

operation of a commercial motor vehicle, including, but not limited

 

to, the crimes of motor vehicle manslaughter, motor vehicle

 

homicide, and negligent homicide.

 

     (vii) Six-point violations as provided in section 320a while

 

operating a commercial motor vehicle.

 

     (f) Revocation for life if a person is convicted of or found

 

responsible for any of the following:

 

     (i) One violation of a felony in which a commercial motor

 

vehicle was used and that involved the manufacture, distribution,

 

or dispensing of a controlled substance or possession with intent

 

to manufacture, distribute, or dispense a controlled substance.

 

     (ii) A conviction of any offense described in subdivision (c)

 

or (d) after having been approved for the reissuance of a vehicle

 

group designation under subdivision (e).

 

     (iii) A conviction of a violation of chapter LXXXIII-A of the

 

Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z.

 

     (2) The secretary of state shall immediately deny, cancel, or

 

revoke a hazardous material indorsement on the operator's or

 

chauffeur's license of a person with a vehicle group designation

 

upon receiving notice from a federal government agency that the

 


person poses a security risk warranting denial, cancellation, or

 

revocation under the uniting and strengthening America by providing

 

appropriate tools required to intercept and obstruct terrorism (USA

 

PATRIOT ACT) act of 2001, Public Law 107-56. The denial,

 

cancellation, or revocation cannot be appealed under section 322 or

 

323 and remains in effect until the secretary of state receives a

 

federal government notice that the person does not pose a security

 

risk in the transportation of hazardous materials.

 

     (3) The secretary of state shall immediately suspend all

 

vehicle group designations on a person's operator's or chauffeur's

 

license upon receiving notice of a conviction, bond forfeiture, or

 

civil infraction determination of the person, or notice that a

 

court or administrative tribunal has found the person responsible,

 

for a violation of section 319d(4) or 319f, a local ordinance

 

substantially corresponding to section 319d(4) or 319f, or a law or

 

local ordinance of another state, the United States, Canada, the

 

United Mexican States, or a local jurisdiction of either of these

 

countries substantially corresponding to section 319d(4) or 319f,

 

while operating a commercial motor vehicle. The period of

 

suspension or revocation is as follows:

 

     (a) Suspension for 180 days if the person is convicted of or

 

found responsible for a violation of section 319d(4) or 319f while

 

operating a commercial motor vehicle.

 

     (b) Suspension for 180 days if the person is convicted of or

 

found responsible for a violation of section 319d(4) or 319f while

 

operating a commercial motor vehicle that is either carrying

 

hazardous material required to have a placard under 49 CFR parts

 


100 to 199 or designed to carry 16 or more passengers, including

 

the driver.

 

     (c) Suspension for 2 years if the person is convicted of or

 

found responsible for 2 violations, in any combination, of section

 

319d(4) or 319f while operating a commercial motor vehicle arising

 

from 2 or more separate incidents during a 10-year period.

 

     (d) Suspension for 3 years if the person is convicted of or

 

found responsible for 3 or more violations, in any combination, of

 

section 319d(4) or 319f while operating a commercial motor vehicle

 

arising from 3 or more separate incidents during a 10-year period.

 

     (e) Suspension for 3 years if the person is convicted of or

 

found responsible for 2 or more violations, in any combination, of

 

section 319d(4) or 319f while operating a commercial motor vehicle

 

carrying hazardous material required to have a placard under 49 CFR

 

parts 100 to 199, or designed to carry 16 or more passengers,

 

including the driver, arising from 2 or more separate incidents

 

during a 10-year period.

 

     (4) The secretary of state shall suspend or revoke, as

 

applicable, any privilege to operate a commercial motor vehicle as

 

directed by the federal government or its designee.

 

     (5) For the purpose of this section only, a bond forfeiture or

 

a determination by a court of original jurisdiction or an

 

authorized administrative tribunal that a person has violated the

 

law is considered a conviction.

 

     (6) The secretary of state shall suspend or revoke a vehicle

 

group designation under subsection (1) or deny, cancel, or revoke a

 

hazardous material indorsement under subsection (2) notwithstanding

 


a suspension, restriction, revocation, or denial of an operator's

 

or chauffeur's license or vehicle group designation under another

 

section of this act or a court order issued under another section

 

of this act or a local ordinance substantially corresponding to

 

another section of this act.

 

     (7) A conviction, bond forfeiture, or civil infraction

 

determination, or notice that a court or administrative tribunal

 

has found a person responsible for a violation described in this

 

subsection while the person was operating a noncommercial motor

 

vehicle counts against the person who holds a license to operate a

 

commercial motor vehicle the same as if the person had been

 

operating a commercial motor vehicle at the time of the violation.

 

For the purpose of this subsection, a noncommercial motor vehicle

 

does not include a recreational vehicle used off-road. This

 

subsection applies to the following state law violations or a local

 

ordinance substantially corresponding to any of those violations or

 

a law of another state or out-of-state jurisdiction substantially

 

corresponding to any of those violations:

 

     (a) Operating a vehicle in violation of section 625.

 

     (b) Refusing to submit to a chemical test of his or her blood,

 

breath, or urine for the purpose of determining the amount of

 

alcohol or the presence of a controlled substance or both in the

 

person's blood, breath, or urine as required by a law or local

 

ordinance of this or another state.

 

     (c) Leaving the scene of an accident.

 

     (d) Using a vehicle to commit a felony.

 

     (8) When determining the applicability of conditions listed in

 


this section, the secretary of state shall consider only violations

 

that occurred after January 1, 1990.

 

     (9) When determining the applicability of conditions listed in

 

subsection (1)(a) or (b), the secretary of state shall count only

 

from incident date to incident date.

 

     (10) As used in this section:

 

     (a) "Felony in which a commercial motor vehicle was used"

 

means a felony during the commission of which the person convicted

 

operated a commercial motor vehicle and while the person was

 

operating the vehicle 1 or more of the following circumstances

 

existed:

 

     (i) The vehicle was used as an instrument of the felony.

 

     (ii) The vehicle was used to transport a victim of the felony.

 

     (iii) The vehicle was used to flee the scene of the felony.

 

     (iv) The vehicle was necessary for the commission of the

 

felony.

 

     (b) "Serious traffic violation" means any of the following:

 

     (i) A traffic violation that occurs in connection with an

 

accident in which a person died.

 

     (ii) Reckless driving.

 

     (iii) Excessive speeding as defined in regulations promulgated

 

under 49 USC 31301 to 31317.

 

     (iv) Improper lane use.

 

     (v) Following too closely.

 

     (vi) Operating a commercial motor vehicle without obtaining any

 

vehicle group designation on the person's license.

 

     (vii) Operating a commercial motor vehicle without either

 


having an operator's or chauffeur's license in the person's

 

possession or providing proof to the court, not later than the date

 

by which the person must appear in court or pay a fine for the

 

violation, that the person held a valid vehicle group designation

 

and indorsement on the date that the citation was issued.

 

     (viii) Operating a commercial motor vehicle while in possession

 

of an operator's or chauffeur's license that has a vehicle group

 

designation but does not have the appropriate vehicle group

 

designation or indorsement required for the specific vehicle group

 

being operated or the passengers or type of cargo being

 

transported.

 

     (ix) Beginning October 28, 2013, a violation of section

 

602b(2).

 

     (x) Any other serious traffic violation as defined in 49 CFR

 

383.5 or as prescribed under this act.

 

     Sec. 904. (1) A person whose operator's or chauffeur's license

 

or registration certificate has been suspended or revoked, and who

 

has been notified as provided in section 212 of that suspension or

 

revocation, whose application for license has been denied, or who

 

has never applied for a license, shall not operate a motor vehicle

 

upon a highway or other place open to the general public or

 

generally accessible to motor vehicles, including an area

 

designated for the parking of motor vehicles, within this state.

 

     (2) A person shall not knowingly permit a motor vehicle owned

 

by the person to be operated upon a highway or other place open to

 

the general public or generally accessible to motor vehicles,

 

including an area designated for the parking of vehicles, within

 


this state by a person whose license or registration certificate is

 

suspended or revoked, whose application for license has been

 

denied, or who has never applied for a license, except as permitted

 

under this act.

 

     (3) Except as otherwise provided in this section, a person who

 

violates subsection (1) or (2) is guilty of a misdemeanor

 

punishable as follows:

 

     (a) For a first violation, by imprisonment for not more than

 

93 days or a fine of not more than $500.00, or both. Unless the

 

vehicle was stolen or used with the permission of a person who did

 

not knowingly permit an unlicensed driver to operate the vehicle,

 

the registration plates of the vehicle shall be canceled by the

 

secretary of state upon notification by a peace officer.

 

     (b) For a violation that occurs after a prior conviction, by

 

imprisonment for not more than 1 year or a fine of not more than

 

$1,000.00, or both. Unless the vehicle was stolen, the registration

 

plates of the vehicle shall be canceled by the secretary of state

 

upon notification by a peace officer.

 

     (4) A person who operates a motor vehicle in violation of

 

subsection (1) and who, by operation of that motor vehicle, causes

 

the death of another person is guilty of a felony punishable by

 

imprisonment for not more than 15 years or a fine of not less than

 

$2,500.00 or more than $10,000.00, or both. This subsection does

 

not apply to a person whose operator's or chauffeur's license was

 

suspended because that person failed to answer a citation or comply

 

with an order or judgment pursuant to section 321a.

 

     (5) A person who operates a motor vehicle in violation of

 


subsection (1) and who, by operation of that motor vehicle, causes

 

the serious impairment of a body function of another person is

 

guilty of a felony punishable by imprisonment for not more than 5

 

years or a fine of not less than $1,000.00 or more than $5,000.00,

 

or both. This subsection does not apply to a person whose

 

operator's or chauffeur's license was suspended because that person

 

failed to answer a citation or comply with an order or judgment

 

pursuant to section 321a.

 

     (6) In addition to being subject to any other penalty provided

 

for in this act, if a person is convicted under subsection (4) or

 

(5), the court may impose the sanction permitted under section

 

625n. If the vehicle is not ordered forfeited under section 625n,

 

the court shall order vehicle immobilization under section 904d in

 

the judgment of sentence.

 

     (7) A person shall not knowingly permit a motor vehicle owned

 

by the person to be operated upon a highway or other place open to

 

the general public or generally accessible to motor vehicles,

 

including an area designated for the parking of vehicles, within

 

this state, by a person whose license or registration certificate

 

is suspended or revoked, whose application for license has been

 

denied, or who has never been licensed except as permitted by this

 

act. If a person permitted to operate a motor vehicle in violation

 

of this subsection causes the serious impairment of a body function

 

of another person by operation of that motor vehicle, the person

 

knowingly permitting the operation of that motor vehicle is guilty

 

of a felony punishable by imprisonment for not more than 2 years,

 

or a fine of not less than $1,000.00 or more than $5,000.00, or

 


both. If a person permitted to operate a motor vehicle in violation

 

of this subsection causes the death of another person by operation

 

of that motor vehicle, the person knowingly permitting the

 

operation of that motor vehicle is guilty of a felony punishable by

 

imprisonment for not more than 5 years, or a fine of not less than

 

$1,000.00 or more than $5,000.00, or both.

 

     (8) If the prosecuting attorney intends to seek an enhanced

 

sentence under this section based upon the defendant having 1 or

 

more prior convictions, the prosecuting attorney shall include on

 

the complaint and information, or an amended complaint and

 

information, filed in district court, circuit court, municipal

 

court, or family division of circuit court, a statement listing the

 

defendant's prior convictions.

 

     (9) A prior conviction under this section shall be established

 

at or before sentencing by 1 or more of the following:

 

     (a) A copy of a judgment of conviction.

 

     (b) An abstract of conviction.

 

     (c) A transcript of a prior trial, plea, or sentencing.

 

     (d) A copy of a court register of action.

 

     (e) A copy of the defendant's driving record.

 

     (f) Information contained in a presentence report.

 

     (g) An admission by the defendant.

 

     (10) Upon receiving a record of a person's conviction or civil

 

infraction determination for the unlawful operation of a motor

 

vehicle or a moving violation reportable under section 732 while

 

the person's operator's or chauffeur's license is suspended or

 

revoked, the secretary of state immediately shall impose an

 


additional like period of suspension or revocation. This subsection

 

applies only if the violation occurs during a suspension of

 

definite length or if the violation occurs before the person is

 

approved for a license following a revocation.

 

     (11) Upon receiving a record of a person's conviction or civil

 

infraction determination for the unlawful operation of a motor

 

vehicle or a moving violation reportable under section 732 while

 

the person's operator's or chauffeur's license is indefinitely

 

suspended or whose application for a license has been denied, the

 

secretary of state immediately shall impose a 30-day period of

 

suspension or denial.

 

     (12) Upon receiving a record of the conviction, bond

 

forfeiture, or a civil infraction determination of a person for

 

unlawful operation of a motor vehicle requiring a vehicle group

 

designation while the designation is suspended or revoked under

 

section 319b, or while the person is disqualified from operating a

 

commercial motor vehicle by the United States secretary of

 

transportation or under 49 USC 31301 to 31317, the secretary of

 

state immediately shall impose an additional like period of

 

suspension or revocation. This subsection applies only if the

 

violation occurs during a suspension of definite length or if the

 

violation occurs before the person is approved for a license

 

following a revocation.

 

     (13) If the secretary of state receives records of more than 1

 

conviction or civil infraction determination resulting from the

 

same incident, all of the convictions or civil infraction

 

determinations shall be treated as a single violation for purposes

 


of imposing an additional period of suspension or revocation under

 

subsection (10), (11), or (12).

 

     (14) Before a person is arraigned before a district court

 

magistrate or judge on a charge of violating this section, the

 

arresting officer shall obtain the person's driving record from the

 

secretary of state and shall furnish the record to the court. The

 

driving record of the person may be obtained from the secretary of

 

state's computer information network.

 

     (15) This section does not apply to a person who operates a

 

vehicle solely for the purpose of protecting human life or property

 

if the life or property is endangered and summoning prompt aid is

 

essential.

 

     (16) A person whose vehicle group designation is suspended or

 

revoked and who has been notified as provided in section 212 of

 

that suspension or revocation, or whose application for a vehicle

 

group designation has been denied as provided in this act, or who

 

has never applied for a vehicle group designation and who operates

 

a commercial motor vehicle within this state, except as permitted

 

under this act, while any of those conditions exist is guilty of a

 

misdemeanor punishable, except as otherwise provided in this

 

section, by imprisonment for not less than 3 days or more than 93

 

days or a fine of not more than $100.00, or both.

 

     (17) If a person has a second or subsequent suspension or

 

revocation under this section within 7 years as indicated on the

 

person's Michigan driving record, the court shall proceed as

 

provided in section 904d.

 

     (18) Any period of suspension or revocation required under

 


subsection (10), (11), or (12) does not apply to a person who has

 

only 1 currently effective suspension or denial on his or her

 

Michigan driving record under section 321a and was convicted of or

 

received a civil infraction determination for a violation that

 

occurred during that suspension or denial. This subsection may only

 

be applied once during the person's lifetime.

 

     (19) For purposes of this section, a person who never applied

 

for a license includes a person who applied for a license, was

 

denied, and never applied again.