HOUSE BILL No. 4301


     February 12, 1997, Introduced by Reps. Cherry, Hanley, Prusi and Schermesser and referred to the Committee on Transportation.


        A bill to amend 1949 PA 300, entitled

   "Michigan vehicle code,"

   by amending section 320 (MCL 257.320), as amended by 1982 PA

   310.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 320.  (1) The secretary of state after notice as pro-

 2    vided in this section may conduct an investigation and reexamina-

 3    tion of a person, based upon 1 or more of the following:

 4         (a) The secretary of state has reason to believe that the

 5    person is incompetent to drive a motor vehicle or is afflicted

 6    with a mental or physical infirmity or disability rendering it

 7    unsafe for that person to drive a motor vehicle.

 8         (b) The person, as a driver, has in 1 or more instances been

 9    involved in an accident resulting in the death of a person.




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 1         (c) The person, within a 24-month period, has been involved

 2    in 3 accidents resulting in personal injury or damage to the

 3    property of a person, and the official police report indicates a

 4    moving violation on the part of the driver in each of the

 5    accidents.

 6         (d) The person has charged against him or her a total of 12

 7    or more points as provided in section 320a within a period of 2

 8    years.

 9         (e) The person has been convicted of violating restrictions,

10    terms, or conditions of the person's license.

11         (2) The secretary of state, upon good cause, may restrict,

12    suspend, revoke, or impose other terms and conditions on the

13    license of a person subject to reexamination and require the

14    immediate surrender of the license of that person.  The secretary

15    of state shall, in all cases, prescribe the period of restric-

16    tion, suspension, revocation, or other terms and conditions.

17         (3) Service of notice shall be made by  regular  REGISTERED

18    mail to the last known address of the licensee as shown on the

19    most recent license application or change of address on the

20    license as provided by section 315.

21         (4) A license shall not be suspended under this section for

22    a period of more than 1 year.

23         (5) The reexamination may be held by the secretary of state

24    pursuant to this section notwithstanding any restriction, suspen-

25    sion, revocation, or denial of a license under this section, sec-

26    tion 303 or 319, chapter V, section 625 or 625b, or under any





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 1    other law of this state.  A suspension ordered pursuant to this

 2    section shall be in addition to other suspensions.

 3         (6) If a licensed operator or chauffeur fails to appear for

 4    a reexamination scheduled by the secretary of state pursuant to

 5    this section, the licensed operator's or chauffeur's license may

 6    be suspended immediately and shall remain suspended until the

 7    licensed operator or chauffeur appears for a reexamination by the

 8    secretary of state.  However, the secretary of state may

 9    restrict, suspend, or revoke the license based solely on the

10    licensed operator's or chauffeur's driving record.




































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