HB-5871, As Passed House, March 30, 2006
March 14, 2006, Introduced by Reps. Kolb, Farhat, Taub, Brown, Hood, Marleau, Hansen, Caswell, Gaffney, Hildenbrand, LaJoy, Schuitmaker, Kahn, Polidori, Nofs, Sheltrown, Caul, Baxter, Whitmer, Proos, Farrah, Byrnes, Huizenga, Stahl, Rocca, Sak, Gleason, Pastor, Angerer, Stewart, Jones, Booher, Gillard, McDowell, Byrum, Zelenko, Vagnozzi, Alma Smith, Lipsey, Nitz, Mortimer, Ball, Amos, Brandenburg, Bieda, Moolenaar, Stakoe, Wenke, David Law, Mayes, Garfield, Pavlov, Palsrok and Cheeks and referred to the Committee on Appropriations.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 312e (MCL 257.312e), as amended by 2004 PA 362.
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 having a gross
vehicle weight rating under 26,001 pounds or a vehicle having a
gross vehicle weight rating under 26,001 pounds towing a trailer or
other vehicle and carrying hazardous materials on which a placard
is required under 49 CFR parts 100 to 199, or designed to transport
16 or more passengers including the driver, 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) Effective October 1, 2004, 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) Effective October 1, 2005, 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) Until September 30, 2005, the secretary of state may waive
the driving skills test for an applicant for an S indorsement if
the applicant certifies, and the secretary of state verifies, that
during the 2-year period immediately prior to applying for the
school bus indorsement the applicant met all of the following
conditions:
(a) The applicant holds a valid driver license with a vehicle
group designation and a P indorsement.
(b) The applicant has not had an operator's, chauffeur's, or
commercial motor vehicle driver license suspended, revoked, denied,
or canceled.
(c) The applicant has not been disqualified by the United
States secretary of transportation from operating a commercial
motor vehicle.
(d) The applicant has not been convicted of any disqualifying
offense listed in 49 CFR 383.51(b) while operating a commercial
motor vehicle.
(e) The applicant has not been convicted of any disqualifying
offense listed in 49 CFR 383.51(b) while operating a noncommercial
motor vehicle that would be a disqualifying offense under 49 CFR
383.51(b) if the applicant had committed the offense while
operating a commercial motor vehicle.
(f) The applicant has not had more than 1 conviction for a
serious traffic violation as defined in 49 CFR 383.51 while
operating any type of motor vehicle.
(g) Except for parking violations, the applicant has not had
any conviction for a violation of any state or local motor vehicle
traffic control law involving a vehicle accident and has not been
found at fault in a vehicle accident.
(h) The applicant has been regularly employed as a school bus
driver for the past 2 years and has, for those 2 years, operated a
school bus representing the type of school bus that the applicant
intends to operate, and the applicant provides satisfactory
evidence of that employment to the secretary of state.
(7) An applicant for an indorsement shall take the knowledge
and driving skills tests described and required pursuant to 49 CFR
part 383.
(8) 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 pursuant to subsection
(10) shall pay an indorsement fee of $5.00.
(9) Except as otherwise provided in subsections (10) and (11),
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.
(10) 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
(9)(a) to (d), shall obtain an F vehicle indorsement. The F vehicle
indorsement shall be issued upon successful completion of a
knowledge test only.
(11) 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 (9)(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.
(12) 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 of
the Michigan published under
the fire fighters'
fighters training council act of 1966, 1966 PA 291, MCL 29.361 to
29.377.
(13) This section does not apply to a person operating a motor
home or a vehicle used exclusively to transport personal
possessions or family members for nonbusiness purposes.
(14) The money collected under subsection (8) 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.
(15) Notwithstanding any other provision of this section, a
person operating a vehicle described in subsections (9) and (10) is
subject to the provisions of sections 303 and 319b.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5860(request no.
03197'05 t **) of the 93rd Legislature is enacted into law.