HOUSE BILL No. 5803

 

August 15, 2012, Introduced by Reps. Hughes, Price, Zorn, Haines, Poleski, Genetski, Tyler, LaFontaine, Damrow, Gilbert, Jenkins, Heise, Hooker, Yonker, Opsommer, Shaughnessy, Pscholka, Horn, Rendon, Graves, Ouimet, Rutledge, Hobbs, Foster, Johnson, Daley, Kurtz, Denby, Muxlow, Bumstead, Wayne Schmidt, Franz, Moss, Pettalia, Agema, Glardon, Knollenberg, Outman, Goike, MacGregor, Jacobsen, Somerville, Cotter, Crawford, Lori, Nesbitt, Lyons, Lane, Huuki and Liss and referred to the Committee on Military and Veterans Affairs and Homeland Security.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 312e (MCL 257.312e), as amended by 2011 PA 159.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 312e. (1) Except as otherwise provided in this section, a

 

person, before operating a commercial motor vehicle, shall obtain

 

the required vehicle group designation as follows:

 

     (a) A person, before operating a combination of vehicles with

 

a gross combination weight rating of 26,001 pounds or more

 

including a towed vehicle with a gross vehicle weight rating of

 

more than 10,000 pounds, shall procure a group A vehicle

 

designation on his or her operator's or chauffeur's license. Unless

 

an indorsement or the removal of restrictions is required, a person


 

licensed to operate a group A vehicle may operate a group B or C

 

vehicle without taking another test.

 

     (b) A person, before operating a vehicle having a gross

 

vehicle weight rating of 26,001 pounds or more, shall procure a

 

group B vehicle designation on his or her operator's or chauffeur's

 

license. Unless an indorsement or the removal of restrictions is

 

required, a person licensed to operate a group B vehicle may

 

operate a group C vehicle without taking another test.

 

     (c) A person, before operating a single vehicle or a

 

combination of vehicles that fits the definition of small vehicle

 

(group C) under 49 CFR 383.91(a)(3) shall procure a group C vehicle

 

designation and a hazardous material or passenger vehicle

 

indorsement on his or her operator's or chauffeur's license.

 

     (2) An applicant for a vehicle group designation shall take

 

knowledge and driving skills tests that comply with minimum federal

 

standards prescribed in 49 CFR part 383 as required under this act.

 

     (3) The license shall be issued, suspended, revoked, canceled,

 

or renewed in accordance with this act.

 

     (4) Except as provided in this subsection, all of the

 

following apply:

 

     (a) If a person operates a group B passenger vehicle while

 

taking his or her driving skills test for a P indorsement, he or

 

she is restricted to operating only group B or C passenger vehicles

 

under that P indorsement. If a person operates a group B school bus

 

while taking his or her driving skills test for an S indorsement,

 

he or she is restricted to operating only group B or C school buses

 

under that S indorsement.


 

     (b) If a person operates a group C passenger vehicle while

 

taking his or her driving skills test for a P indorsement, he or

 

she is restricted to operating only group C passenger vehicles

 

under that P indorsement. If a person operates a group C school bus

 

while taking his or her driving skills test for an S indorsement,

 

he or she is restricted to operating only group C school buses

 

under that S indorsement.

 

     (c) A person who fails the air brake portion of the written or

 

driving skills test provided under section 312f or who takes the

 

driving skills test provided under that section in a commercial

 

motor vehicle that is not equipped with air brakes shall not

 

operate a commercial motor vehicle equipped with air brakes.

 

     (5) A person, before operating a commercial motor vehicle,

 

shall obtain required vehicle indorsements as follows:

 

     (a) A person, before operating a commercial motor vehicle

 

pulling double trailers, shall procure the appropriate vehicle

 

group designation and a T vehicle indorsement under this act.

 

     (b) A person, before operating a commercial motor vehicle that

 

is a tank vehicle, shall procure the appropriate vehicle group

 

designation and an N vehicle indorsement under this act.

 

     (c) A person, before operating a commercial motor vehicle

 

carrying hazardous materials on which a placard is required under

 

49 CFR parts 100 to 199, shall procure the appropriate vehicle

 

group designation and an H vehicle indorsement under this act.

 

     (d) A person, before operating a commercial motor vehicle that

 

is a tank vehicle carrying hazardous material, shall procure the

 

appropriate vehicle group designation and both an N and H vehicle


 

indorsement, which shall be designated by the code letter X on the

 

person's operator's or chauffeur's license.

 

     (e) A person, before operating a vehicle that is designed to

 

transport 16 or more passengers including the driver but is not a

 

school bus shall procure the appropriate vehicle group designation

 

and a P vehicle indorsement under this act. An applicant for a P

 

vehicle indorsement shall take the driving skills test in a vehicle

 

designed to transport 16 or more passengers including the driver.

 

     (f) A person who does not currently possess a P indorsement,

 

before operating a school bus designed to transport 16 or more

 

passengers, including the driver, shall procure the appropriate

 

vehicle group designation, pass the knowledge tests for the P and S

 

indorsements, and procure the P and S vehicle indorsements under

 

this act. An applicant for an S vehicle indorsement shall take a

 

driving skills test in a school bus designed to transport 16 or

 

more passengers, including the driver, that represents the same

 

type of vehicle that the applicant intends to operate as a school

 

bus.

 

     (g) A person who currently possesses a P indorsement, before

 

operating a school bus designed to transport 16 or more passengers,

 

including the driver, shall procure the appropriate vehicle group

 

designation, pass the knowledge test for an S indorsement, and

 

procure an S vehicle indorsement under this act. An applicant for

 

an S vehicle indorsement shall take a driving skills test in a

 

school bus designed to transport 16 or more passengers, including

 

the driver, that represents the same type of vehicle that the

 

applicant intends to operate as a school bus.


 

     (6) An Except as provided in subsection (16), an applicant for

 

an indorsement shall take the knowledge and driving skills tests

 

described and required under 49 CFR part 383.

 

     (7) The holder of an unexpired operator's or chauffeur's

 

license may be issued a vehicle group designation and indorsement

 

valid for the remainder of the license upon meeting the

 

qualifications of section 312f and payment of the original vehicle

 

group designation fee of $25.00 and an indorsement fee of $5.00 per

 

indorsement, and a corrected license fee of $18.00. A person

 

required to procure an F vehicle indorsement under subsection (9)

 

shall pay an indorsement fee of $5.00.

 

     (8) Except as otherwise provided in subsections (9) and (10),

 

this section does not apply to a driver or operator of a vehicle

 

under all of the following conditions:

 

     (a) The vehicle is controlled and operated by a farmer or an

 

employee or family member of the farmer.

 

     (b) The vehicle is used to transport agricultural products,

 

farm machinery, farm supplies, or a combination of these items, to

 

or from a farm.

 

     (c) The vehicle is not used in the operation of a common or

 

contract motor carrier.

 

     (d) The vehicle is operated within 150 miles of the farm.

 

     (9) A person, before driving or operating a combination of

 

vehicles having a gross vehicle weight rating of 26,001 pounds or

 

more on the power unit that is used as described in subsection

 

(8)(a) to (d), shall obtain an F vehicle indorsement. The F vehicle

 

indorsement shall be issued upon successful completion of a


 

knowledge test only.

 

     (10) A person, before driving or operating a single vehicle

 

truck having a gross vehicle weight rating of 26,001 pounds or more

 

or a combination of vehicles having a gross vehicle weight rating

 

of 26,001 pounds or more on the power unit that is used as

 

described in subsection (8)(a) to (d) for carrying hazardous

 

materials on which a placard is required under 49 CFR parts 100 to

 

199, shall successfully complete both a knowledge test and a

 

driving skills test. Upon successful completion of the knowledge

 

test and driving skills test, the person shall be issued the

 

appropriate vehicle group designation and any vehicle indorsement

 

necessary under this act.

 

     (11) This section does not apply to a police officer operating

 

an authorized emergency vehicle or to a firefighter operating an

 

authorized emergency vehicle who has met the driver training

 

standards published under the firefighters training council act, of

 

1966, 1966 PA 291, MCL 29.361 to 29.377.

 

     (12) This section does not apply to a person operating a

 

vehicle used exclusively to transport personal possessions or

 

family members for nonbusiness purposes.

 

     (13) The money collected under subsection (7) for a vehicle

 

group designation or indorsement shall be deposited in the state

 

treasury to the credit of the general fund. The secretary of state

 

shall refund out of the fees collected to each county or

 

municipality acting as an examining officer or examining bureau

 

$3.00 for each applicant examined for a first designation or

 

indorsement to an operator's or chauffeur's license and $1.50 for


 

each renewal designation or indorsement to an operator's or

 

chauffeur's license, whose application is not denied, on the

 

condition that the money refunded shall be paid to the county or

 

local treasurer and is appropriated to the county, municipality, or

 

officer or bureau receiving that money for the purpose of carrying

 

out this act.

 

     (14) Notwithstanding any other provision of this section, a

 

person operating a vehicle described in subsections (8) and (9) is

 

subject to the provisions of sections 303 and 319b.

 

     (15) This state shall comply with the requirements of the

 

American association of motor vehicle administrators' AAMVAnet,

 

incorporated's "Commercial Driver License Information System

 

(CDLIS) State Procedures Manual" that the secretary of state

 

determines are required for implementing and enforcing federal law.

 

     (16) The secretary of state in accord with federal

 

restrictions may waive the driving skills test under this section

 

for an applicant who pays the applicable license fees for the

 

vehicle group designation or indorsement if the applicant does both

 

of the following:

 

     (a) Certifies that, during the 2 years immediately preceding

 

the application, he or she met the conditions for waiver of the

 

driving skills test in 49 CFR 383.77 and was regularly employed in

 

a military occupational specialty that required operation of a

 

commercial motor vehicle.

 

     (b) Presents military documentation certifying that, for at

 

least the 2 years immediately preceding the application, he or she

 

operated a vehicle representative of the commercial motor vehicle


 

for which the applicant seeks a vehicle group designation or

 

indorsement.