NIGHTTIME DRIVING REQUIREMENT

FOR LEVEL 2 GRADUATED LICENSE

Senate Bill 192 (S-2) as reported from committee

Senate Bill 193 as reported from committee

Sponsor:  Sen. Roger Victory

1st House Committee:  Transportation

2nd House Committee:  Ways and Means

Senate Committee:  Transportation and Infrastructure

Complete to 6-11-19

                                                                                      (Enacted as Public Acts 33 and 34 of 2019)

SUMMARY:                                                                                                      

Senate Bill 192 would amend the Michigan Vehicle Code to specify that the nighttime driving hours requirement for the issuance of a Level 2 graduated license would not apply to a person who had been issued a graduated driver license that allows only daylight driving as provided in R 257.3 of the Michigan Administrative Code (see Background, below).

MCL 257.310e

Senate Bill 193 would amend the Driver Education Provider and Instructor Act to specify that the nighttime driving hours requirement for a student’s admission into a Segment 2 curriculum driver education course would not apply to a person who had been issued a graduated driver license that allows only daylight driving as provided in R 257.3 of the Michigan Administrative Code (see Background, below).

Senate Bill 193 is tie-barred to SB 192, meaning that it could not take effect unless SB 192 were also enacted.

MCL 256.659

BACKGROUND:

R 257.3 of the Michigan Administrative Code[1] specifies that a restricted driver’s license permitting daylight driving only may be issued if an applicant or licensee submits a statement from an ophthalmologist or optometrist stating either of the following:

·         The applicant has visual acuity less than 20/50 to and including 20/70 with no recognizable progressive abnormalities affecting vision.

·         The applicant has visual acuity less than 20/50 to and including 20/60 with recognizable abnormalities affecting vision.

Michigan’s graduated licensing system has three licensing levels. To be issued a Level 2 license, a driver must be at least 16 years old and have completed the Segment 2 driver education curriculum, among other requirements.[2] The Segment 2 driver education curriculum currently requires completion of a total of ten hours of night driving.

FISCAL IMPACT:

The bills would have no fiscal impact on state or local government.

                                                                                        Legislative Analyst:   E. Best

                                                                                                Fiscal Analyst:   Michael Cnossen

This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.



[1] See https://dtmb.state.mi.us/ORRDocs/AdminCode/106_10101_AdminCode.pdf

[2] See https://www.michigan.gov/documents/Michigans_Graduated_Licensing_System_153498_7.pdf