HOUSE BILL No. 5123 September 30, 1997, Introduced by Reps. Crissman, Freeman, Fitzgerald, Gilmer, DeHart, Dobb, Bodem, Hammerstrom, Gernaat, Mathieu, Olshove, McBryde, Willard and Goschka and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 904 (MCL 257.904), as amended by 1994 PA 450, and by adding section 904c. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 904. (1) A person whose operator's or chauffeur's 2 license or registration certificate has been suspended or revoked 3 and who has been notified as provided in section 212 of that sus- 4 pension or revocation, whose application for license has been 5 denied, or who has never applied for a license, shall not operate 6 a motor vehicle upon a highway or other place open to the general 7 public or generally accessible to motor vehicles, including an 8 area designated for the parking of motor vehicles, within this 9 state. A person shall not knowingly permit a motor vehicle owned 10 by the person to be operated upon a highway or other place open 04124'97 TJS 2 1 to the general public or generally accessible to motor vehicles, 2 including an area designated for the parking of vehicles, within 3 this state by a person whose license or registration certificate 4 is suspended or revoked, whose application for license has been 5 denied, or who has never applied for a license, except as permit- 6 ted under this act.AEXCEPT AS PROVIDED IN SECTION 904C, A 7 person who violates this subsection is guilty of a misdemeanor 8 punishable as follows: 9 (a) For a first violation, by imprisonment for not more than 10 90 days or a fine of not more than $500.00, or both. Unless the 11 vehicle was stolen or used with the permission of a person who 12 did not knowingly permit an unlicensed driver to operate the 13 vehicle, the registration plates of the vehicle shall be 14cancelledCANCELED by the secretary of state upon notification 15 by a court. 16 (b) For a second or subsequent violation, by imprisonment 17 for not more than 1 year or a fine of not more than $1,000.00, or 18 both. Unless the vehicle was stolen, the registration plates of 19 the vehicle shall becancelledCANCELED by the secretary of 20 state upon notification by a court. 21 (2) Upon receiving a record of a person's conviction for 22 unlawful operation of a motor vehicle while the person's license 23 is suspended or revoked or of a person's conviction or civil 24 infraction determination for a moving violation of the vehicle 25 laws of this state or a political subdivision of this state while 26 the person's license is suspended or revoked, the secretary of 27 state immediately shall extend the period of the first suspension 04124'97 3 1 or revocation for an additional like period. This subsection 2 applies only if the violation occurs during a suspension of defi- 3 nite length or if the violation occurs before the person is 4 approved for a license following a revocation. 5 (3) Upon receiving a record of the conviction, bond forfei- 6 ture, or a civil infraction determination of a person for unlaw- 7 ful operation of a motor vehicle requiring aclass 1, class 2,8or class 3 indorsement orvehicle group designation while the 9indorsement ordesignation is suspended pursuant to section 10 319a or 319b, or revoked, the secretary of state immediately 11 shall extend the period of suspension or revocation for an addi- 12 tional like period. This subsection applies only if the viola- 13 tion occurs during a suspension of definite length, if the viola- 14 tion occurs before the person is approved for a license following 15 a revocation, or if the person operates a commercial vehicle 16 while disqualified under the commercial motor vehicle safety act 17 of 1986, title XII of Public Law 99-570, 100 Stat. 3207-170. 18 (4) If the secretary of state receives records of more than 19 1 conviction or civil infraction determination resulting from the 20 same incident, all of the convictions or civil infraction deter- 21 minations shall be treated as a single violation for purposes of 22 extending the period of suspension or revocation under 23 subsection (2) or (3). 24 (5) Before a person is arraigned before a district court 25 magistrate or judge on a charge of violating this section, the 26 arresting officer shall obtain the person's driving record from 27 the secretary of state and shall furnish the record to the 04124'97 4 1 court. The driving record of the person may be obtained from the 2 secretary of state's computer information network. 3 (6) This section does not apply to a person who operates a 4 vehicle solely for the purpose of protecting human life or prop- 5 erty if the life or property is endangered and summoning prompt 6 aid is essential. 7 (7) A person whose vehicle group designation is suspended or 8 revoked and who has been notified as provided in section 212 of 9 that suspension or revocation, or whose application for a vehicle 10 group designation has been denied as provided in this act, or who 11 has never applied for a vehicle group designation and who oper- 12 ates a commercial motor vehicle within this state, except as per- 13 mitted under this act, while any of those conditions exist is 14 guilty of a misdemeanor punishable, except as otherwise provided 15 in this section OR SECTION 904C, by imprisonment for not less 16 than 3 days or more than 90 days or a fine of not more than 17 $100.00, or both. 18 SEC. 904C. (1) A PERSON WHOSE OPERATOR'S OR CHAUFFEUR'S 19 LICENSE OR REGISTRATION CERTIFICATE HAS BEEN SUSPENDED OR REVOKED 20 AND WHO HAS BEEN NOTIFIED AS PROVIDED IN SECTION 212 OF THAT SUS- 21 PENSION OR REVOCATION, WHOSE APPLICATION FOR LICENSE HAS BEEN 22 DENIED, OR WHO HAS NEVER APPLIED FOR A LICENSE SHALL NOT OPERATE 23 A MOTOR VEHICLE UPON A HIGHWAY OR OTHER PLACE OPEN TO THE GENERAL 24 PUBLIC OR GENERALLY ACCESSIBLE TO MOTOR VEHICLES, INCLUDING AN 25 AREA DESIGNATED FOR THE PARKING OF MOTOR VEHICLES, WITHIN THIS 26 STATE. A PERSON WHO VIOLATES THIS SECTION AND WHO, BY OPERATION 27 OF A MOTOR VEHICLE, CAUSES THE DEATH OF ANOTHER PERSON IS GUILTY 04124'97 5 1 OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 15 YEARS 2 OR A FINE OF NOT MORE THAN $5,000.00, OR BOTH. 3 (2) SUBSECTION (1) DOES NOT APPLY TO A PERSON WHOSE 4 OPERATOR'S OR CHAUFFEUR'S LICENSE WAS SUSPENDED BECAUSE THAT 5 PERSON FAILED TO ANSWER A CITATION PURSUANT TO SECTION 321A OR 6 HAS FAILED TO COMPLY WITH AN ORDER OR JUDGMENT ISSUED PURSUANT TO 7 SECTION 907. 8 (3) IN ADDITION TO BEING SUBJECT TO ANY OTHER PENALTY PRO- 9 VIDED FOR IN THIS ACT, A PERSON CONVICTED UNDER SUBSECTION (1) IS 10 SUBJECT TO 1 OF THE FOLLOWING WITH REGARD TO THE VEHICLE USED IN 11 THE OFFENSE IF THE PERSON OWNS THE VEHICLE, IN WHOLE OR IN PART, 12 OR LEASES THE VEHICLE: 13 (A) FORFEITURE OF THE VEHICLE IF THE OPERATOR OWNS THE VEHI- 14 CLE IN WHOLE OR IN PART. 15 (B) RETURN OF THE VEHICLE TO THE LESSOR IF THE OPERATOR 16 LEASES THE VEHICLE. 17 (4) THE VEHICLE MAY BE SEIZED PURSUANT TO AN ORDER OF SEI- 18 ZURE ISSUED BY THE COURT HAVING JURISDICTION UPON A SHOWING OF 19 PROBABLE CAUSE THAT THE VEHICLE IS SUBJECT TO FORFEITURE OR 20 RETURN TO THE LESSOR. 21 (5) THE FORFEITURE OF A VEHICLE IS SUBJECT TO THE INTEREST 22 OF THE HOLDER OF A SECURITY INTEREST WHO DID NOT HAVE PRIOR 23 KNOWLEDGE OF, OR CONSENT TO, THE VIOLATION. 24 (6) A PERSON SHALL NOT KNOWINGLY PERMIT A MOTOR VEHICLE 25 OWNED BY THE PERSON TO BE OPERATED UPON A HIGHWAY OR OTHER PLACE 26 OPEN TO THE GENERAL PUBLIC OR GENERALLY ACCESSIBLE TO MOTOR 27 VEHICLES, INCLUDING AN AREA DESIGNATED FOR THE PARKING OF 04124'97 6 1 VEHICLES, WITHIN THIS STATE, BY A PERSON WHOSE LICENSE OR 2 REGISTRATION CERTIFICATE IS SUSPENDED OR REVOKED, WHOSE APPLICA- 3 TION FOR LICENSE HAS BEEN DENIED, OR WHO HAS NEVER BEEN LICENSED 4 EXCEPT AS PERMITTED BY THIS ACT. IF A PERSON PERMITTED TO OPER- 5 ATE A MOTOR VEHICLE IN VIOLATION OF THIS SUBSECTION CAUSES THE 6 DEATH OF ANOTHER PERSON BY OPERATION OF THAT MOTOR VEHICLE, THE 7 PERSON KNOWINGLY PERMITTING THE OPERATION OF THAT MOTOR VEHICLE 8 IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE 9 THAN 2 YEARS, OR A FINE OF NOT MORE THAN $1,000.00, OR BOTH. A 10 PERSON, PARTNERSHIP, OR CORPORATION FOUND GUILTY OF VIOLATING 11 THIS SUBSECTION IS SUBJECT TO THE PENALTIES AND PROVISIONS OF 12 SUBSECTIONS (3), (4), AND (5). 13 (7) IN THE CASE OF THE SUSPENSION OR REVOCATION OF THE 14 OPERATOR'S OR CHAUFFEUR'S LICENSE OF A MINOR, THE SECRETARY OF 15 STATE SHALL MAIL NOTICE OF THE SUSPENSION OR REVOCATION TO ALL 16 LICENSED ADULT OPERATORS OR CHAUFFEURS RESIDING AT THE SAME 17 ADDRESS AS THE MINOR, AS DISCLOSED BY THE RECORDS OF THE SECRE- 18 TARY OF STATE. 04124'97 Final page. TJS