June 14, 2012, Introduced by Senator GLEASON and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 303 and 320 (MCL 257.303 and 257.320), section
303 as amended by 2011 PA 159 and section 320 as amended by 2004 PA
362.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 303. (1) The secretary of state shall not issue a license
under this act to any of the following persons:
(a) A person, as an operator, who is less than 18 years of
age, except as otherwise provided in this act.
(b) A person, as a chauffeur, who is less than 18 years of
age, except as otherwise provided in this act.
(c) A person whose license is suspended, revoked, denied, or
canceled in any state. If the suspension, revocation, denial, or
cancellation is not from the jurisdiction that issued the last
license to the person, the secretary of state may issue a license
after the expiration of 5 years from the effective date of the most
recent suspension, revocation, denial, or cancellation.
(d) A person who in the opinion of the secretary of state is
afflicted with or suffering from a physical or mental disability or
disease preventing that person from exercising reasonable and
ordinary control over a motor vehicle while operating the motor
vehicle upon the highways. A person who received the installation
of a ventricular assist device at least 180 days before he or she
applied for a license under this section shall not be considered to
be ineligible under this subdivision due to a physical disability
or disease based upon the installation of that device or the
medical reason for the installation of the device if the secretary
of state receives a report from a physician stating that the person
is physically able to operate a motor vehicle, and the secretary of
state has no report of any other physical or mental disability or
disease that would disqualify the person from receiving a license.
As used in this subdivision, "ventricular assist device" means a
medical device that is used to partially or completely replace the
function of a failing heart.
(e) A person who is unable to understand highway warning or
direction signs in the English language.
(f) A person who is unable to pass a knowledge, skill, or
ability test administered by the secretary of state in connection
with the issuance of an original operator's or chauffeur's license,
original motorcycle indorsement, or an original or renewal of a
vehicle group designation or vehicle indorsement.
(g) A person who has been convicted of, has received a
juvenile disposition for, or has been determined responsible for 2
or more moving violations 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 within the preceding 3 years, if the violations occurred
before issuance of an original license to the person in this state,
another state, or another country.
(h) A nonresident, including, but not limited to, a foreign
exchange student.
(i) A person who has failed to answer a citation or notice to
appear in court or for any matter pending or fails to comply with
an order or judgment of the court, including, but not limited to,
paying all fines, costs, fees, and assessments, in violation of
section 321a, until that person answers the citation or notice to
appear in court or for any matter pending or complies with an order
or judgment of the court, including, but not limited to, paying all
fines, costs, fees, and assessments, as provided under section
321a.
(j) A person not licensed under this act who has been
convicted of, has received a juvenile disposition for, or has been
determined responsible for a crime or civil infraction described in
section 319, 324, or 904. A person shall be denied a license under
this subdivision for the length of time corresponding to the period
of the licensing sanction that would have been imposed under
section 319, 324, or 904 if the person had been licensed at the
time of the violation.
(k) A person not licensed under this act who has been
convicted of or received a juvenile disposition for committing a
crime described in section 319e. A person shall be denied a license
under this subdivision for the length of time that corresponds to
the period of the licensing sanction that would have been imposed
under section 319e if the person had been licensed at the time of
the violation.
(l) A person not licensed under this act who is determined to
have violated section 33b(1) of former 1933 (Ex Sess) PA 8, section
703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1703, or section 624a or 624b. The person shall be denied a
license under this subdivision for a period of time that
corresponds to the period of the licensing sanction that would have
been imposed under those sections had the person been licensed at
the time of the violation.
(m) A person whose commercial driver license application is
canceled under section 324(2).
(n) Unless otherwise eligible under section 307(1), a person
who is not a citizen of the United States.
(2) Upon receiving the appropriate records of conviction, the
secretary of state shall revoke the operator's or chauffeur's
license of a person and deny issuance of an operator's or
chauffeur's license to a person having any of the following,
whether 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:
(a) Any combination of 2 convictions within 7 years for
reckless driving in violation of section 626 before October 31,
2010 or, beginning October 31, 2010, 626(2).
(b) Any combination of 2 or more convictions within 7 years
for any of the following:
(i) A felony in which a motor vehicle was used.
(ii) A violation or attempted violation of section 601b(2) or
(3), section 601c(1) or (2), section 602a(4) or (5), section 617,
section 653a(3) or (4), or section 904(4) or (5).
(iii) Negligent homicide, manslaughter, or murder resulting from
the operation of a vehicle or an attempt to commit any of those
crimes.
(iv) A violation or attempted violation of section 479a(4) or
(5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.
(c) Any combination of 2 convictions within 7 years for any of
the following or a combination of 1 conviction for a violation or
attempted violation of section 625(6) and 1 conviction for any of
the following within 7 years:
(i) A violation or attempted violation of 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) A violation or attempted violation of section 625m.
(iii) A violation or attempted violation of former section 625b.
(d) One conviction for a violation or attempted violation of
section 315(5), section 601b(3), section 601c(2), section 602a(4)
or (5), section 617, section 625(4) or (5), section 653a(4),
section 904(4) or (5), or, beginning October 31, 2010, section
626(3) or (4).
(e) One conviction of negligent homicide, manslaughter, or
murder resulting from the operation of a vehicle or an attempt to
commit any of those crimes.
(f) One conviction for a violation or attempted violation of
section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, MCL
750.479a.
(g) Any combination of 3 convictions within 10 years for any
of the following or 1 conviction for a violation or attempted
violation of section 625(6) and any combination of 2 convictions
for any of the following within 10 years, if any of the convictions
resulted from an arrest on or after January 1, 1992:
(i) A violation or attempted violation of 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) A violation or attempted violation of section 625m.
(iii) A violation or attempted violation of former section 625b.
(3) The secretary of state shall revoke a license under
subsection (2) notwithstanding a court order unless the court order
complies with section 323.
(4) Except as otherwise provided under section 304, the
secretary of state shall not issue a license under this act to a
person whose license has been revoked under this act or revoked and
denied under subsection (2) until all of the following occur, as
applicable:
(a) The later of the following:
(i) The expiration of not less than 1 year after the license
was revoked or denied.
(ii) The expiration of not less than 5 years after the date of
a subsequent revocation or denial occurring within 7 years after
the date of any prior revocation or denial.
(b)
For a denial under subsection (2)(a), (b), (c), and or
(g), the person rebuts by clear and convincing evidence the
presumption resulting from the prima facie evidence that he or she
is a habitual offender. The convictions that resulted in the
revocation and denial constitute prima facie evidence that he or
she is a habitual offender.
(c) The person meets the requirements of the department.
(5) The secretary of state may deny issuance of an operator's
license as follows:
(a) Until the age of 17, to a person not licensed under this
act who was convicted of or received a juvenile disposition for
violating or attempting to violate section 411a(2) of the Michigan
penal code, 1931 PA 328, MCL 750.411a, involving a school when he
or she was less than 14 years of age. A person not issued a license
under this subdivision is not eligible to begin graduated licensing
training until he or she attains 16 years of age.
(b) To a person less than 21 years of age not licensed under
this act who was convicted of or received a juvenile disposition
for violating or attempting to violate section 411a(2) of the
Michigan penal code, 1931 PA 328, MCL 750.411a, involving a school
when he or she was 14 years of age or older, until 3 years after
the date of the conviction or juvenile disposition. A person not
issued a license under this subdivision is not eligible to begin
graduated licensing training or otherwise obtain an original
operator's or chauffeur's license until 3 years after the date of
the conviction or juvenile disposition.
(6) The secretary of state shall deny issuance of a vehicle
group designation to a person under either of the following
circumstances:
(a) The person has been disqualified by the United States
secretary of transportation from operating a commercial motor
vehicle.
(b) Beginning on and after January 30, 2012, the person does
not meet the requirements of the federal regulations under parts
383 and 391 by refusing to certify the type of commercial motor
vehicle operation the person intends to perform and, if required,
fails to present to the secretary of state a valid medical
certification.
(7) Multiple convictions or civil infraction determinations
resulting from the same incident shall be treated as a single
violation for purposes of denial or revocation of a license under
this section.
(8) As used in this section, "felony in which a motor vehicle
was used" means a felony during the commission of which the person
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:
(a) The vehicle was used as an instrument of the felony.
(b) The vehicle was used to transport a victim of the felony.
(c) The vehicle was used to flee the scene of the felony.
(d) The vehicle was necessary for the commission of the
felony.
Sec. 320. (1) The secretary of state after notice as provided
in this section may conduct an investigation and reexamination of a
person, based upon 1 or more of the following:
(a)
The Subject to subsection
(3), the secretary of state has
reason to believe that the person is incompetent to drive a motor
vehicle or is afflicted with a mental or physical infirmity or
disability rendering it unsafe for that person to drive a motor
vehicle.
(b) The person, as a driver, has in 1 or more instances been
involved in an accident resulting in the death of a person.
(c) The person, within a 24-month period, has been involved in
3 accidents resulting in personal injury or damage to the property
of a person, and the official police report indicates a moving
violation on the part of the driver in each of the accidents.
(d) The person has charged against him or her a total of 12 or
more points as provided in section 320a within a period of 2 years.
(e) The person has been convicted of violating restrictions,
terms, or conditions of the person's license.
(2)
The Subject to subsection
(3), the secretary of state,
upon good cause, may restrict, suspend, revoke, or impose other
terms and conditions on the license of a person subject to
reexamination and require the immediate surrender of the license of
that person. The secretary of state shall, in all cases, prescribe
the period of restriction, suspension, revocation, or other terms
and conditions.
(3) The secretary of state shall reinstate the driving
privileges of a person whose license is restricted, suspended, or
revoked for a physical disability or disease relating to the
installation of a ventricular assist device, or upon which the
secretary of state has imposed any other term or condition, if both
of the following apply:
(a) At least 180 days have expired since the ventricular
assist device was installed.
(b) The secretary of state receives a report from a physician
stating that the person is physically able to operate a motor
vehicle and the secretary of state has no report of any other
physical or mental disability or disease that would disqualify the
person from holding a license to operate a motor vehicle.
(4) (3)
Service of notice shall be made by
regular mail to the
last known address of the licensee as shown on the most recent
license application or change of address on the license as provided
by section 315.
(5) (4)
A license shall not be suspended
under this section
for a period of more than 1 year.
(6) (5)
The reexamination may be held by
the secretary of
state
pursuant to under this section notwithstanding any
restriction, suspension, revocation, or denial of a license under
this section, section 303 or 319, chapter V, section 625 or 625b,
or
under any other law of this state. A suspension ordered pursuant
to
under this section shall be in addition to other
suspensions.
(7) (6)
If a licensed operator or chauffeur
fails to appear
for
a reexamination scheduled by the secretary of state pursuant to
under this section, the licensed operator's or chauffeur's license
may be suspended immediately and shall remain suspended until the
licensed operator or chauffeur appears for a reexamination by the
secretary of state. However, the secretary of state may restrict,
suspend, or revoke the license based solely on the licensed
operator's or chauffeur's driving record.
(8) (7)
Notwithstanding any other provision
of this act, the
secretary of state shall not issue a restricted license to a person
to operate a commercial motor vehicle when a vehicle group
designation is required to operate that vehicle.
(9) As used in this section, "ventricular assist device" means
a medical device that is used to partially or completely replace
the function of a failing heart.