June 8, 2005, Introduced by Reps. Lemmons, Jr., Lemmons, III, Miller, Sheltrown, Cushingberry and Stahl and referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 310d (MCL 257.310d), as amended by 2004 PA 62.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 310d. (1) A license issued under this act to a person not
previously licensed in this or in another state shall be designated
as
probationary for 3 years after the date of issuance. During
(2) Subject to subsection (9), during the first 12 months of
probation, the license may be suspended or probationary terms and
conditions may be imposed upon failure of the licensee to appear
before a magistrate, as provided in this chapter, or upon
conviction of the licensee or determination of the licensee's
responsibility for a moving violation in this state. The period of
suspension or the probationary terms and conditions shall not be
for more than 12 months and shall be determined by the secretary of
state at an examination of the driver by the secretary of state.
(3) (2)
Upon completion of the first 12 months of probation,
the secretary of state may require a licensee to be reexamined by
the secretary of state if the licensee's driving record contains
any of the following:
(a) A conviction or civil infraction determination for a
moving violation that was assessed 4 or more points as provided in
section 320a.
(b) Three convictions or 3 civil infraction determinations, or
a combination of convictions and civil infraction determinations
that equals 3, for moving violations.
(c) A total of 6 or more points as provided in section 320a.
(d) A conviction or civil infraction determination for a
moving violation and an accident for which the official police
report indicates the licensee had been drinking alcoholic liquor.
(e) A conviction or civil infraction determination for a
moving violation and an accident for which the official police
report indicates a moving violation on the part of the licensee.
(f) Three accidents for which the official police report
indicates a moving violation on the part of the licensee.
(g)
A suspension pursuant to under section 625f.
(4) (3)
The probationary period shall be extended beyond 3
years and the secretary of state may reexamine a licensee as
provided
in subsection (2) (3)
if any of the following occur and
are recorded on the licensee's driving record during the last 10
months of the probationary period:
(a) A moving violation resulting in a conviction or civil
infraction determination.
(b) An accident for which the official police report indicates
a moving violation on the part of the licensee.
(c) An accident for which the official police report indicates
the licensee had been drinking alcoholic liquor.
(d) A license suspension for a reason other than a mental or
physical disability.
(5) (4)
The probationary period shall be extended pursuant
to
under subsection
(3) (4) until
the licensee completes 10
consecutive months without a moving violation, accident, or
suspension
enumerated in subsection (3) (4).
(6) (5)
Upon completion of a reexamination, the secretary of
state may suspend or impose probationary terms and conditions on
the license of a probationary licensee, except that a reexamination
for
a violation described in subsection
(2)(d) (3)(d),
(e), or
(f) shall not result in a license suspension or the imposition of
probationary terms or conditions.
(7) (6)
For 24 months immediately after a licensee's
probationary period, the secretary of state may require the
licensee to be reexamined by the secretary of state if the
licensee's driver record has a total of 9 or more points, as
provided in section 320a, imposed in a period of 2 years and if the
licensee's record contains 1 or more of the following:
(a) A conviction for a violation or attempted violation of any
of the following:
(i) 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.
(i) (ii) A violation or attempted violation of section 625m.
(ii) (iii) Former section 625b.
(iii) (iv) A local ordinance substantially corresponding to a
conviction described in this subdivision.
(iv) (v) A law of another state substantially corresponding
to a conviction described in this subdivision.
(b) A suspension of the licensee's license pursuant to section
625f.
(c) An accident for which the official police report indicates
a moving violation on the part of the licensee.
(d) An accident for which the official police report indicates
the licensee had been drinking alcoholic liquor.
(8) (7)
Upon completion of a reexamination under subsection
(6)
(7), the secretary of state may suspend the license of
the
licensee,
except that a reexamination for subsection (6)(c)
(7)(c) or (d) shall not result in a license suspension or
restriction.
(9) If, during the 3-year probationary period described in
subsection (1) or the extended probationary period described in
subsection (5), the person is convicted of violating section 625, a
local ordinance substantially corresponding to section 625, or a
law of another state or a political subdivision of another state
substantially corresponding to section 625, the secretary of state
shall suspend the license of the person for the period of time
specified for the violation or until the person becomes 18 years of
age, whichever period is longer. This subsection does not apply to
a violation of section 625(2).
(10) (8)
If a licensee fails to appear for a reexamination
scheduled
by the secretary of state pursuant to under this
section, the licensee's license may be suspended immediately and
remain suspended until the licensee appears for a reexamination by
the secretary of state.
(11) (9)
Notice of a reexamination required under this
section shall be given by first-class mail to the last known
address of the licensee.
(12) (10)
For purposes of this section:
(a) Upon conviction for a moving violation, the date of the
violation shall be used in determining whether the conviction
occurred within the probationary period.
(b) Upon entry of a civil infraction determination for a
moving violation, the date of the violation shall be used in
determining whether the civil infraction determination occurred
within the probationary period.
(c) Information of a reexamination shall not be placed on a
driver's record unless the secretary of state suspends a license or
imposes probationary terms and conditions.
(d) A suspension shall be considered part of a driving record
from the date the suspension is imposed until the suspension is
terminated.
(e) The date of the official police report shall be used in
determining whether a licensee was driving a motor vehicle involved
in an accident for which the official police report indicates a
moving violation on the part of the licensee or indicates the
licensee had been drinking alcoholic liquor.