June 2, 2014, Introduced by Senators CASPERSON and PAPPAGEORGE and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 7a, 18b, 25, 67a, 212, 306, 307, 309, 312e,
312f, 319, 324, and 904 (MCL 257.7a, 257.18b, 257.25, 257.67a,
257.212, 257.306, 257.307, 257.309, 257.312e, 257.312f, 257.319,
257.324, and 257.904), sections 7a and 212 as amended by 2002 PA
534, section 18b as added and section 67a as amended by 1988 PA
346, sections 306 and 312e as amended by 2011 PA 159, section 307
as amended by 2012 PA 55, section 309 as amended by 2012 PA 355,
section 312f as amended by 2012 PA 473, section 319 as amended by
2012 PA 306, section 324 as amended by 2006 PA 298, and section
904 as amended by 2008 PA 461, and by adding section 306a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 7a. (1) "Commercial motor vehicle" means a motor
1 vehicle used in commerce to transport passengers or property if 1
2 or more of the following apply:
3
(a) It is designed to transport
16 or more passengers,
4
individuals, including the driver. ;
a motor vehicle, having
5 (b) It has a gross vehicle weight rating or gross weight of
6 26,001 or more pounds, ; a motor vehicle with whichever is
7 greater.
8 (c) It has a gross combination weight rating or gross
9
combination weight of 26,001 pounds or
more, including a towed
10 unit whichever is
greater, inclusive of towed units with
a gross
11 vehicle weight rating or gross vehicle weight of more than 10,000
12 pounds, ; or a whichever
is greater.
13 (d) A motor vehicle carrying hazardous material and on which
14 is required to be posted a placard as defined and required under
15 49 C.F.R. CFR parts 100 to 199.
16 (2) A commercial motor vehicle does not include a vehicle
17 used exclusively to transport personal possessions or family
18 members for nonbusiness purposes.
19 Sec. 18b. (1) "Gross combination weight rating" or "GCWR"
20 means the a value specified by the manufacturer as the loaded
21 weight of a combination vehicle. In the absence of a value
22 specified by the manufacturer, GCWR will be determined by adding
23 the GVWR of the power unit and the total weight of the towed unit
24 and any load on that unit.of
the power unit if that value is
25 displayed on the federal motor vehicle safety standard (FMVSS)
26 certification label required by the national highway traffic
27 safety administration.
1 (2) "Gross vehicle weight rating" or "GVWR"
means the value
2 specified by the manufacturer as the loaded weight of a single
3 vehicle.sum of the
gross vehicle weight ratings, or the sum of
4 the gross vehicle weights of the power unit and the towed unit or
5 units, or any combination of the gross vehicle weight ratings and
6 the gross vehicle weights of power unit and towed unit or units
7 that produces the highest value. The gross vehicle weight rating
8 of the power unit shall not be used in determining whether the
9 vehicle is a commercial motor vehicle when that power unit is not
10 towing another unit.
11 Sec. 25. "License" means any driving privileges, license,
12 temporary instruction permit, commercial learner's permit, or
13 temporary license issued under the laws of this state pertaining
14 to the licensing of persons to operate motor vehicles.
15 Sec. 67a. (1) "Tandem axle assembly" means 2 axles spaced
16 more than 3 feet 6 inches and less than 9 feet apart, 1 axle in
17 front of the other and so attached to the vehicle wherein an
18 attempt is made by connecting mechanism to distribute the weight
19 equally between the 2 axles.
20 (2) "Tank vehicle" means any commercial motor vehicle that
21 is designed to transport any liquid or gaseous material within a
22 tank that is either permanently or temporarily attached to the
23 vehicle. Tank vehicle does not include a vehicle attached to a
24 portable tank having a rated capacity less than 1,000 gallons.or
25 tanks having an individual rated capacity of more than 119
26 gallons and an aggregate rated capacity of 1,000 gallons or more
27 that are either permanently or temporarily attached to the
1 vehicle or the chassis. If a commercial motor vehicle transports
2 1 or more tanks manifested either as being empty or containing
3 only residue, those tanks shall not be considered in determining
4 whether the vehicle is a tank vehicle.
5 Sec. 212. If the secretary of state is authorized or
6 required to give notice under this act or other law regulating
7 the operation of a vehicle, unless a different method of giving
8 notice is otherwise expressly prescribed, notice shall be given
9 either by personal delivery to the person to be notified or by
10 first-class United States mail addressed to the person at the
11 address shown by the record of the secretary of state. The giving
12 of notice by mail is complete upon the expiration of 5 days after
13 mailing the notice. Proof of the giving of notice in either
14 manner may be made by the certificate of a person 18 years of age
15 or older, naming the person to whom notice was given and
16 specifying the time, place, and manner of the giving of notice.
17 Sec. 306. (1) The secretary of state, upon receiving an
18 application for a temporary instruction permit from a person who
19 is 18 years of age or older, may issue that permit entitling the
20 applicant, while carrying the permit, to drive a motor vehicle
21 other than a motor vehicle requiring an indorsement under section
22 312a or a vehicle group designation under section 312e upon the
23 highways for a period of 180 days when accompanied by a licensed
24 adult operator or chauffeur who is actually occupying a seat
25 beside the driver.
26 (2) The secretary of state may issue an original operator's
27 license and designate level 1, 2, or 3 graduated licensing
1 provisions to a person who is less than 18 years of age, has been
2 licensed in another state or country, and has satisfied the
3 applicable requirements of section 310e.
4 (3) A student enrolled in a driver education course as that
5 term is defined in section
3 of the driver education provider and
6 instructor act, 2006 PA 384, MCL 256.623, or a motorcycle safety
7 course approved by the department of state may operate a motor
8 vehicle that does not require a vehicle group designation under
9 section 312e without holding an operator's license or permit
10 while under the direct supervision of the program instructor.
11 (4) A student enrolled in a driver education course as that
12 term is defined in section
3 of the driver education provider and
13 instructor act, 2006 PA 384, MCL 256.623, and who has
14 successfully completed 10 hours of classroom instruction and the
15 equivalent of 2 hours of behind-the-wheel training may be issued
16 a temporary driver education certificate furnished by the
17 department of state that authorizes a student to drive a motor
18 vehicle, other than a motor vehicle requiring an indorsement
19 pursuant to under section 312a, or a vehicle group designation
20 pursuant to under section 312e, when accompanied by a licensed
21 parent or guardian, or when accompanied by a nonlicensed parent
22 or guardian and a licensed adult for the purpose of receiving
23 additional instruction until the end of the student's driver
24 education course.
25 (5) The secretary of state, upon receiving proper
26 application from a person 16 or 17 years of age who is enrolled
27 in or has successfully completed an approved motorcycle safety
1 course under section 811a, or a person who is 18 years of age or
2 older and who holds a valid operator's or chauffeur's license,
3 may issue a motorcycle temporary instruction permit entitling the
4 applicant, while carrying the permit, to operate a motorcycle
5 upon the public streets and highways for a period of 180 days,
6 but only when under the constant visual supervision of a licensed
7 motorcycle operator at least 18 years of age. The applicant shall
8 not operate the motorcycle at night or with a passenger.
9 (6) Except as prohibited under federal law, the secretary of
10 state, upon receiving proper application from a person who is 18
11 years of age or older, who holds a valid operator's or
12 chauffeur's license other than a restricted license, and who has
13 passed the knowledge test for an original vehicle group
14 designation or indorsement, and, if the person is applying for a
15 hazardous material indorsement, the person has been approved for
16 the hazardous materials indorsement by the transportation
17 security administration, may issue a temporary instruction permit
18 entitling the person, while carrying the permit, to drive a
19 vehicle requiring a vehicle group designation or vehicle group
20 indorsement under section 312e upon the streets and highways for
21 a period of 180 days, but only when accompanied by a licensed
22 adult operator or chauffeur who is licensed with the appropriate
23 vehicle group designation and indorsement for the vehicle group
24 being driven and who is actually occupying a seat beside the
25 driver, or behind the driver if the permittee is driving a bus or
26 school bus. In addition, if a permittee is enrolled in a driver
27 training program for drivers of motor vehicles requiring a
1 vehicle group designation or vehicle group indorsement under
2 section 312e, which program is conducted by a college, a
3 university, a school licensed by the department under the driver
4 education provider and instructor act, 2006 PA 384, MCL 256.621
5 to 256.705, or a local or intermediate school district, the
6 permittee may drive a vehicle requiring a vehicle group
7 designation or vehicle group indorsement on the streets and
8 highways of this state for a period of 180 days when accompanied
9 by an instructor licensed with the appropriate vehicle group
10 designation and indorsement for the vehicle being driven who is
11 either occupying the seat beside the driver or in direct visual
12 and audio communication with the permittee. A person issued a
13 temporary instruction permit under this section shall not operate
14 a vehicle designed to carry 16 or more passengers that is
15 transporting passengers except with an instructor licensed with
16 the appropriate vehicle group designation and indorsement for the
17 vehicle being driven or a driver skills test examiner.
18 Sec. 306a. (1) The secretary of state may issue a commercial
19 learner's permit entitling a person to drive a vehicle requiring
20 a vehicle group designation or indorsement under section 312e if
21 all of the following apply:
22 (a) The person submits a proper application and meets the
23 requirements of 49 CFR part 383.
24 (b) The person is 18 years of age or older.
25 (c) The person holds a valid operator's or chauffeur's
26 license that is not a restricted license.
27 (d) The person passes the knowledge tests for an original
1 vehicle group designation or indorsement, as required by 49 CFR
2 part 383.
3 (e) If the person is applying for a hazardous materials
4 indorsement, he or she has been approved for the hazardous
5 materials indorsement by the federal transportation security
6 administration.
7 (2) A person issued a commercial learner's permit under
8 subsection (1), or an equivalent commercial learner's permit
9 issued by another jurisdiction, may operate a vehicle requiring a
10 vehicle group designation or indorsement under section 312e, if
11 all of the following apply:
12 (a) The person has the permit and a valid operator's or
13 chauffeur's license in his or her possession while operating the
14 vehicle.
15 (b) The person is accompanied by an instructor certified
16 under the driver education provider and instructor act, 2006 PA
17 384, MCL 256.621 to 256.705, or an adult with a valid operator's
18 or chauffeur's license, and all of the following apply:
19 (i) The instructor or licensed adult has in his or her
20 possession a valid license with a vehicle group designation and
21 any indorsement necessary to operate the vehicle as provided in
22 section 312e.
23 (ii) The instructor or licensed adult is at all times
24 physically present in the front seat of the vehicle next to the
25 operator or, in the case of a passenger vehicle, directly behind
26 the operator or in the first row behind the operator.
27 (iii) The instructor or licensed adult has the operator under
1 observation and direct supervision.
2 (c) The person shall not operate a vehicle transporting
3 hazardous materials as defined in 49 CFR part 383.
4 (d) If the person has a permit to operate a tank vehicle,
5 the person may only operate an empty tank vehicle and shall not
6 operate any tank vehicle that previously contained hazardous
7 materials unless the tank has been purged of all hazardous
8 material residue.
9 (e) If the person has a permit to operate a vehicle designed
10 to carry 16 or more passengers or a school bus, the person shall
11 not operate a vehicle designed to carry 16 or more passengers or
12 a school bus with any passengers other than the following
13 individuals:
14 (i) The instructor or licensed adult described in this
15 section.
16 (ii) Federal or state auditors or inspectors.
17 (iii) Test examiners.
18 (iv) Other trainees.
19 (3) A commercial learner's permit issued under this section
20 is valid for 180 days from the date of issuance. A person may
21 apply 1 time to renew the permit for an additional 180 days
22 without taking the knowledge tests described in subsection (1) if
23 the person applies for the renewal before the expiration of the
24 original permit.
25 Sec. 307. (1) If an applicant for an operator's license or
26 chauffeur's license to operate a noncommercial motor vehicle is a
27 citizen of the United States, the applicant shall supply a
1 photographic identity document, a birth certificate, or other
2 sufficient documents as the secretary of state may require, to
3 verify the identity and citizenship of the applicant. If an
4 applicant for an operator's or chauffeur's license is not a
5 citizen of the United States, the applicant shall supply a
6 photographic identity document and other sufficient documents to
7 verify the identity of the applicant and the applicant's legal
8 presence in the United States under subdivision (b). The
9 documents required under this subsection shall include the
10 applicant's full legal name, date of birth, and address and
11 residency and demonstrate that the applicant is a citizen of the
12 United States or is legally present in the United States. If the
13 applicant's full legal name differs from the name of the
14 applicant that appears on a document presented under this
15 subsection, the applicant shall present documents to verify his
16 or her current full legal name. The secretary of state shall
17 accept as 1 of the required identification documents an
18 identification card issued by the department of corrections to
19 prisoners who are placed on parole or released from a
20 correctional facility, containing the prisoner's legal name,
21 photograph, and other information identifying the prisoner as
22 provided in section 37(4) of the corrections code of 1953, 1953
23 PA 232, MCL 791.237. An application for an operator's or
24 chauffeur's license shall be made in a manner prescribed by the
25 secretary of state and shall contain all of the following:
26 (a) The applicant's full legal name, date of birth,
27 residence address, height, sex, eye color, signature, intent to
1 make an anatomical gift, other information required or permitted
2 on the license under this chapter, and, only to the extent
3 required to comply with federal law, the applicant's social
4 security number. The applicant may provide a mailing address if
5 the applicant receives mail at an address different from his or
6 her residence address.
7 (b) If the applicant is not a citizen of the United States,
8 the applicant shall provide, and the department shall verify,
9 documents demonstrating his or her legal presence in the United
10 States. Nothing in this act shall obligate or be construed to
11 obligate this state to comply with title II of the real ID act of
12 2005, Public Law 109-13. The secretary of state may adopt rules
13 under the administrative procedures act of 1969, 1969 PA 306, MCL
14 24.201 to 24.328, as are necessary for the administration of this
15 subdivision. A determination by the secretary of state that an
16 applicant is not legally present in the United States may be
17 appealed under section 631 of the revised judicature act of 1961,
18 1961 PA 236, MCL 600.631.
19 (c) The following notice shall be included to inform the
20 applicant that under sections 509o and 509r of the Michigan
21 election law, 1954 PA 116, MCL 168.509o and 168.509r, the
22 secretary of state is required to use the residence address
23 provided on this application as the applicant's residence address
24 on the qualified voter file for voter registration and voting:
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"NOTICE: Michigan law requires that the same address |
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be used for voter registration and driver license |
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purposes. Therefore, if the residence address |
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you provide in this application differs from your |
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voter registration address as it appears on the |
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qualified voter file, the secretary of state |
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will automatically change your voter registration |
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to match the residence address on this application, |
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after which your voter registration at your former |
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address will no longer be valid for voting purposes. |
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A new voter registration card, containing the |
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information of your polling place, will be provided |
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to you by the clerk of the jurisdiction where your |
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residence address is located.". |
12 (d) For an original or renewal operator's or chauffeur's
13 license with a vehicle group designation or indorsement, the
14 names of all states where the applicant has been licensed to
15 drive any type of motor vehicle during the previous 10 years.
16 (e) For an operator's or chauffeur's license with a vehicle
17 group designation or indorsement, the following certifications by
18 the applicant:
19 (i) The applicant meets the applicable federal driver
20 qualification requirements under 49 CFR parts 383 and 391 if the
21 applicant operates or intends to operate in interstate commerce
22 or meets the applicable qualifications of the department of state
23 police under the motor carrier safety act of 1963, 1963 PA 181,
24 MCL 480.11 to 480.25. , if the applicant operates or intends to
25 operate in intrastate commerce.
26 (ii) The vehicle in which the applicant will take the driving
27 skills tests is representative of the type of vehicle the
28 applicant operates or intends to operate.
1 (iii) The applicant is not subject to disqualification by the
2 United States secretary of transportation, or a suspension,
3 revocation, or cancellation under any state law for conviction of
4 an offense described in section 312f or 319b.
5 (iv) The applicant does not have a driver's license from more
6 than 1 state or jurisdiction.
7 (f) An applicant for an operator's or chauffeur's license
8 with a vehicle group designation and a hazardous material
9 indorsement shall provide his or her fingerprints as prescribed
10 by state and federal law.
11 (2) An applicant for an operator's or chauffeur's license
12 may have his or her image and signature captured or reproduced
13 when the application for the license is made. The secretary of
14 state shall acquire equipment purchased or leased under this
15 section under standard purchasing procedures of the department of
16 technology, management, and budget based on standards and
17 specifications established by the secretary of state. The
18 secretary of state shall not purchase or lease equipment until an
19 appropriation for the equipment has been made by the legislature.
20 A digital photographic image and signature captured under this
21 section shall appear on the applicant's operator's license or
22 chauffeur's license. A person's digital photographic image and
23 signature shall be used as follows:
24 (a) By a federal, state, or local governmental agency for a
25 law enforcement purpose authorized by law.
26 (b) By the secretary of state for a use specifically
27 authorized by law.
1 (c) By the secretary of state for forwarding to the
2 department of state police the images of persons required to be
3 registered under the sex offenders registration act, 1994 PA 295,
4 MCL 28.721 to 28.736, upon the department of state police
5 providing the secretary of state an updated list of the names of
6 those persons.
7 (d) As necessary to comply with a law of this state or of
8 the United States.
9 (3) An application shall contain a signature or verification
10 and certification by the applicant, as determined by the
11 secretary of state, and shall be accompanied by the proper fee.
12 The secretary of state shall collect the application fee with the
13 application. The secretary of state shall refund the application
14 fee to the applicant if the license applied for is denied, but
15 shall not refund the fee to an applicant who fails to complete
16 the examination requirements of the secretary of state within 90
17 days after the date of application for a license.
18 (4) In conjunction with the application for an operator's
19 license or chauffeur's license, the secretary of state shall do
20 all of the following:
21 (a) Provide the applicant with all of the following:
22 (i) Information explaining the applicant's right to make an
23 anatomical gift in the event of death in accordance with section
24 310.
25 (ii) Information describing the anatomical gift donor
26 registry program under part 101 of the public health code, 1978
27 PA 368, MCL 333.10101 to 333.10123. The information required
1 under this subparagraph includes the address and telephone number
2 of Michigan's federally designated organ procurement organization
3 or its successor organization as defined in section 10102 of the
4 public health code, 1978 PA 368, MCL 333.10102.
5 (iii) Information giving the applicant the opportunity to be
6 placed on the donor registry described in subparagraph (ii).
7 (b) Provide the applicant with the opportunity to specify on
8 his or her operator's or chauffeur's license that he or she is
9 willing to make an anatomical gift in the event of death in
10 accordance with section 310.
11 (c) Inform the applicant that, if he or she indicates to the
12 secretary of state under this section a willingness to have his
13 or her name placed on the donor registry described in subdivision
14 (a)(ii), the secretary of state will mark the applicant's record
15 for the donor registry.
16 (5) The secretary of state may fulfill the requirements of
17 subsection (4) by 1 or more of the following methods:
18 (a) Providing printed material enclosed with a mailed notice
19 for an operator's or chauffeur's license renewal or the issuance
20 of an operator's or chauffeur's license.
21 (b) Providing printed material to an applicant who
22 personally appears at a secretary of state branch office.
23 (c) Through electronic information transmittals for
24 operator's and chauffeur's licenses processed by electronic
25 means.
26 (6) The secretary of state shall maintain a record of an
27 individual who indicates a willingness to have his or her name
1 placed on the donor registry described in subsection (4)(a)(ii).
2 Information about an applicant's indication of a willingness to
3 have his or her name placed on the donor registry that is
4 obtained by the secretary of state under subsection (4) and
5 forwarded under subsection (14) is exempt from disclosure under
6 section 13(1)(d) of the freedom of information act, 1976 PA 442,
7 MCL 15.243.
8 (7) If an application is received from a person previously
9 licensed in another jurisdiction, the secretary of state shall
10 request a copy of the applicant's driving record and other
11 available information from the national driver register. When
12 received, the driving record and other available information
13 become a part of the driver's record in this state.
14 (8) If an application is received for an original, renewal,
15 or upgrade of a vehicle group designation or indorsement, the If
16 a person applies for a commercial learner's permit for an
17 original vehicle group designation, or indorsement, or upgrade of
18 a vehicle group designation or indorsement, to operate a
19 commercial motor vehicle, the secretary of state may verify the
20 person's identity, may require proof of Michigan domicile under
21 49 CFR 383.5, and may verify the person's proof of United States
22 citizenship or proof of lawful permanent residency as required
23 under 49 CFR 383.71 and 383.73, if that information is not on the
24 person's Michigan driving record. If a person applies for a
25 renewal or upgrade of an operator's or chauffeur's license to
26 operate a commercial motor vehicle, the secretary of state may
27 verify the person's identity, require proof of Michigan domicile
1 under 49 CFR 383.5, and verify the person's proof of citizenship
2 or lawful permanent residency under 49 CFR 383.71 and 383.73, if
3 their information is not on the person's Michigan driving record.
4 The secretary of state shall request the person's complete
5 driving record from all states where the applicant was previously
6 licensed to drive any type of motor vehicle over the last 10
7 years before issuing a vehicle group designation or indorsement
8 to the applicant. If the applicant does not hold a valid
9 commercial motor vehicle driver license from a state where he or
10 she was licensed in the last 10 years, this complete driving
11 record request must be made not earlier than 24 hours before the
12 secretary of state issues the applicant a vehicle group
13 designation or indorsement. For all other drivers, this request
14 must be made not earlier than 10 days before the secretary of
15 state issues the applicant a vehicle group designation or
16 indorsement. If the application is for the renewal of a vehicle
17 group designation or indorsement, and if the secretary of state
18 enters on the person's driving record maintained under section
19 204a a notation that the request was made and the date of the
20 request, the secretary of state is required to request the
21 applicant's complete driving record from other states only once
22 under this section. The secretary of state shall also check the
23 applicant's driving record with the national driver register and
24 the federal commercial driver license information system before
25 issuing that group designation or indorsement. If the application
26 is for the renewal of a vehicle group designation or indorsement,
27 and if the secretary of state enters on the person's historical
1 driving record maintained under section 204a a notation that the
2 request was made and the date of the request, the secretary of
3 state is required to request the applicant's complete driving
4 record from other states only once under this section.
5 (9) Except for a vehicle group designation or indorsement or
6 as provided in this subsection or section 314(5), the secretary
7 of state may issue a renewal operator's or chauffeur's license
8 for 1 additional 4-year period or until the person is no longer
9 determined to be legally present under this section by mail or by
10 other methods prescribed by the secretary of state. The secretary
11 of state may check the applicant's driving record through the
12 national driver register and the commercial driver license
13 information system before issuing a license under this section.
14 The secretary of state shall issue a renewal license only in
15 person if the person is a person required under section 5a of the
16 sex offenders registration act, 1994 PA 295, MCL 28.725a, to
17 maintain a valid operator's or chauffeur's license or official
18 state personal identification card. If a license is renewed by
19 mail or by other method, the secretary of state shall issue
20 evidence of renewal to indicate the date the license expires in
21 the future. The department of state police shall provide to the
22 secretary of state updated lists of persons required under
23 section 5a of the sex offenders registration act, 1994 PA 295,
24 MCL 28.725a, to maintain a valid operator's or chauffeur's
25 license or official state personal identification card.
26 (10) Upon request, the secretary of state shall provide an
27 information manual to an applicant explaining how to obtain a
1 vehicle group designation or indorsement. The manual shall
2 contain the information required under 49 CFR part 383.
3 (11) The secretary of state shall not disclose a social
4 security number obtained under subsection (1) to another person
5 except for use for 1 or more of the following purposes:
6 (a) Compliance with 49 USC 31301 to 31317 and regulations
7 and state law and rules related to this chapter.
8 (b) To carry out the purposes of section 466(a) of the
9 social security act, 42 USC 666, in connection with matters
10 relating to paternity, child support, or overdue child support.
11 (c) To check an applicant's driving record through the
12 national driver register and the commercial driver license
13 information system when issuing a license under this act.
14 (d) With the department of community health, for comparison
15 with vital records maintained by the department of community
16 health under part 28 of the public health code, 1978 PA 368, MCL
17 333.2801 to 333.2899.
18 (e) As otherwise required by law.
19 (12) The secretary of state shall not display a person's
20 social security number on the person's operator's or chauffeur's
21 license.
22 (13) A requirement under this section to include a social
23 security number on an application does not apply to an applicant
24 who demonstrates he or she is exempt under law from obtaining a
25 social security number.
26 (14) As required in section 10120 of the public health code,
27 1978 PA 368, MCL 333.10120, the secretary of state shall maintain
1 the donor registry in a manner that provides electronic access,
2 including, but not limited to, the transfer of data to this
3 state's federally designated organ procurement organization or
4 its successor organization, tissue banks, and eye banks, in a
5 manner that complies with that section.
6 (15) The secretary of state, with the approval of the state
7 administrative board created under 1921 PA 2, MCL 17.1 to 17.3,
8 may enter into agreements with the United States government to
9 verify whether an applicant for an operator's license or a
10 chauffeur's license under this section who is not a citizen of
11 the United States is authorized under federal law to be present
12 in the United States.
13 (16) The secretary of state shall not issue an operator's
14 license or a chauffeur's license to a person holding an
15 operator's license or chauffeur's license issued by another state
16 without confirmation that the person is terminating or has
17 terminated the operator's license or chauffeur's license issued
18 by the other state.
19 (17) The secretary of state shall do all of the following:
20 (a) Ensure the physical security of locations where
21 operator's licenses and chauffeur's licenses are produced and the
22 security of document materials and papers from which operator's
23 licenses and chauffeur's licenses are produced.
24 (b) Subject all persons authorized to manufacture or produce
25 operator's licenses or chauffeur's licenses and all persons who
26 have the ability to affect the identity information that appears
27 on operator's licenses or chauffeur's licenses to appropriate
1 security clearance requirements. The security requirements of
2 this subdivision and subdivision (a) may require that licenses be
3 manufactured or produced in this state.
4 (c) Provide fraudulent document recognition programs to
5 department of state employees engaged in the issuance of
6 operator's licenses and chauffeur's licenses.
7 (18) The secretary of state shall have electronic access to
8 prisoner information maintained by the department of corrections
9 for the purpose of verifying the identity of a prisoner who
10 applies for an operator's or chauffeur's license under subsection
11 (1).
12 Sec. 309. (1) Before issuing a license, the secretary of
13 state shall examine each applicant for an operator's or
14 chauffeur's license who at the time of the application is not the
15 holder of a valid, unrevoked operator's or chauffeur's license
16 under a law of this state providing for the licensing of drivers.
17 Before the secretary of state authorizes a person to administer
18 vehicle group designation or endorsement knowledge tests, that
19 person must successfully complete both a state and federal bureau
20 of investigation fingerprint-based criminal history check or the
21 equivalent through the department of state police. In all other
22 cases, the secretary of state may waive the examination, except
23 that an examination shall not be waived if it appears from the
24 application, from the apparent physical or mental condition of
25 the applicant, or from any other information that has come to the
26 secretary of state from another source, that the applicant does
27 not possess the physical, mental, or other qualifications
1 necessary to operate a motor vehicle in a manner as not to
2 jeopardize the safety of persons or property, or that the
3 applicant is not entitled to a license under section 303. A
4 licensee who applies for the renewal of his or her license by
5 mail pursuant to section 307 shall certify to his or her physical
6 capability to operate a motor vehicle. The secretary of state may
7 check the applicant's driving record through the national driver
8 register and the commercial driver license information system
9 before issuing a license under this section.
10 (2) The secretary of state may appoint sheriffs, their
11 deputies, the chiefs of police of cities and villages having
12 organized police departments within this state, their duly
13 authorized representatives, or employees of the secretary of
14 state as examining officers for the purpose of examining
15 applicants for operator's and chauffeur's licenses. An examining
16 officer shall conduct examinations of applicants for operator's
17 and chauffeur's licenses in accordance with this chapter and the
18 rules promulgated by the secretary of state under subsection (3).
19 After conducting an examination an examining officer shall make a
20 written report of his or her findings and recommendations to the
21 secretary of state.
22 (3) The secretary of state shall promulgate rules pursuant
23 to the administrative procedures act of 1969, 1969 PA 306, MCL
24 24.201 to 24.328, for the examination of the applicant's physical
25 and mental qualifications to operate a motor vehicle in a manner
26 as not to jeopardize the safety of persons or property, and shall
27 ascertain whether facts exist that would bar the issuance of a
1 license under section 303. The secretary of state may consider a
2 written medical report and recommendation submitted under section
3 5139 of the public health code, 1978 PA 368, MCL 333.5139, from
4 the personal physician or optometrist of an applicant, in making
5 the examination regarding the applicant's physical and mental
6 qualifications to operate a motor vehicle under this section and
7 R 257.851 to R 257.855 of the Michigan administrative code. A
8 report received by the secretary of state from a physician or an
9 optometrist under this section is confidential. The secretary of
10 state shall also ascertain whether the applicant has sufficient
11 knowledge of the English language to understand highway warnings
12 or direction signs written in that language. The examination
13 shall not include investigation of facts other than those facts
14 directly pertaining to the ability of the applicant to operate a
15 motor vehicle with safety or facts declared to be prerequisite to
16 the issuance of a license under this act.
17 (4) The secretary of state shall not issue an original
18 operator's or chauffeur's license without a vehicle group
19 designation or indorsement without an examination that includes a
20 driving skills test conducted by the secretary of state or by a
21 designated examining officer under subsection (2) or section
22 310e. The secretary of state may enter into an agreement with
23 another public or private corporation or agency to conduct a
24 driving skills test conducted under this section. Before the
25 secretary of state authorizes a person to administer a
26 corporation's or agency's driver skills testing operations or
27 authorizes an examiner to conduct a driving skills test, that
1 person or examiner must successfully complete both a state and
2 federal bureau of investigation fingerprint based criminal
3 history check through the department of state police as required
4 by law and as provided under 49 CFR 384.228. In an agreement with
5 another public or private corporation or agency to conduct a
6 driving skills test, the secretary of state shall prescribe the
7 method and examination criteria to be followed by the
8 corporation, agency, or examiner when conducting the driving
9 skills test and the form of the certification to be issued to a
10 person who satisfactorily completes a driving skills test. An
11 original vehicle group designation or indorsement shall not be
12 issued by the secretary of state without a knowledge test
13 conducted by the secretary of state. Except as provided in
14 section 312f(1), an original vehicle group designation or
15 passenger or school bus indorsement shall not be issued by the
16 secretary of state without a driving skills test conducted by an
17 examiner appointed or authorized by the secretary of state or an
18 equivalent driving skills test meeting the requirements of 49 CFR
19 part 383 conducted in another jurisdiction.
20 (5) Except as otherwise provided in this act, the secretary
21 of state may waive the requirement of a driving skills test,
22 knowledge test, or road sign test of an applicant for an original
23 operator's or chauffeur's license without a vehicle group
24 designation or indorsement who at the time of the application is
25 the holder of a valid, unrevoked operator's or chauffeur's
26 license issued by another state or country.
27 (6) A driving skills test conducted under this section shall
1 include a behind-the-wheel road test. A behind-the-wheel road
2 test for an original vehicle group designation or passenger
3 indorsement shall not be conducted unless the applicant has been
4 issued a temporary instruction permit.Before conducting a behind-
5 the-wheel road test for an applicant seeking a vehicle group
6 designation, including any upgrade to a vehicle group
7 designation, or for any indorsement required to operate a
8 commercial motor vehicle, the examiner shall determine that the
9 applicant was issued his or her commercial learner's permit not
10 less than 14 days before the date of that test and that he or she
11 has that permit in his or her possession.
12 (7) A person who corrupts or attempts to corrupt a
13 designated examining officer appointed or designated by the
14 secretary of state under this section or section 310e by giving,
15 offering, or promising any gift or gratuity with the intent to
16 influence the opinion or decision of the examining officer
17 conducting the test is guilty of a felony.
18 (8) A designated examining officer appointed or designated
19 by the secretary of state who conducts a driving skills test
20 under an agreement entered into under this section or section
21 310e and who varies from, shortens, or in any other way changes
22 the method or examination criteria prescribed in that agreement
23 in conducting a driving skills test is guilty of a felony.
24 (9) A person who forges, counterfeits, or alters a
25 satisfactorily completed driving skills test certification issued
26 by a designated examining officer appointed or designated by the
27 secretary of state under this section or section 310e is guilty
1 of a felony.
2 Sec. 312e. (1) Except as otherwise provided in this section,
3 a person, before operating a commercial motor vehicle, shall
4 obtain the required vehicle group designation as follows:
5 (a) A person, before operating a combination of motor
6 vehicles with a gross combination weight rating or gross
7
combination weight of 26,001 pounds or
more, including a towed
8 vehicle whichever is
greater, inclusive of towed units with
a
9 gross vehicle weight rating or gross vehicle weight of more than
10 10,000 pounds, shall procure a group A vehicle designation on his
11 or her operator's or chauffeur's license. Unless an indorsement
12 or the removal of restrictions is required, a person licensed to
13 operate a group A vehicle may operate a group B or C vehicle
14 without taking another test.
15 (b) A person, before operating a single vehicle having a
16 gross vehicle weight rating or gross vehicle weight of 26,001
17 pounds or more, whichever is greater, including while towing a
18 vehicle having a gross vehicle weight rating or gross vehicle
19 weight of not more than 10,000 pounds, shall procure a group B
20 vehicle designation on his or her operator's or chauffeur's
21 license. Unless an indorsement or the removal of restrictions is
22 required, a person licensed to operate a group B vehicle may
23 operate a group C vehicle without taking another test.
24 (c) A person, before operating a single vehicle or a
25 combination of vehicles that fits the definition of small vehicle
26 (group C) under 49 CFR 383.91(a)(3) shall procure a group C
27 vehicle designation and a hazardous material or passenger vehicle
1 indorsement on his or her operator's or chauffeur's license.
2 (2) An applicant for a vehicle group designation shall take
3 knowledge and driving skills tests that comply with minimum
4 federal standards prescribed in 49 CFR part 383 as required under
5 this act.
6 (3) The license shall be issued, suspended, revoked,
7 canceled, or renewed in accordance with this act.
8 (4) Except as provided in this subsection, all of the
9 following apply:
10 (a) If a person operates a group B passenger vehicle while
11 taking his or her driving skills test for a P indorsement, he or
12 she is restricted to operating only group B or C passenger
13 vehicles under that P indorsement. If a person operates a group B
14 school bus while taking his or her driving skills test for an S
15 indorsement, he or she is restricted to operating only group B or
16 C school buses under that S indorsement. Except as provided in
17 this section, the secretary of state shall place on the
18 commercial learner's permit or commercial driver license the
19 following restriction code as provided under 49 CFR 383.95 and
20 383.153: not valid to operate a group A passenger commercial
21 motor vehicle.
22 (b) If a person operates a group C passenger vehicle while
23 taking his or her driving skills test for a P indorsement, he or
24 she is restricted to operating only group C passenger vehicles
25 under that P indorsement. If a person operates a group C school
26 bus while taking his or her driving skills test for an S
27 indorsement, he or she is restricted to operating only group C
1 school buses under that S indorsement. Except as provided in this
2 section, beginning on the effective date of the amendatory act
3 that added this sentence, the secretary of state shall place on
4 the commercial learner's permit or commercial driver license the
5 following restriction code as provided under 49 CFR 383.95 and
6 383.153: not valid to operate a group A or group B passenger
7 commercial motor vehicle.
8 (c) A person who fails the air brake portion of the written
9 or driving skills test provided under section 312f or who takes
10 the driving skills test provided under that section in a
11 commercial motor vehicle that is not equipped with air brakes
12 shall not operate a commercial motor vehicle equipped with air
13 brakes. Except as provided in this section, beginning on the
14 effective date of the amendatory act that added this sentence,
15 the secretary of state shall place on the commercial learner's
16 permit or commercial driver license the following restriction
17 code as provided under 49 CFR 383.95 and 383.153: cdl not valid
18 for vehicle with air brakes.
19 (d) Except as provided in this section, beginning on the
20 effective date of the amendatory act that added this subsection,
21 the secretary of state shall place on a commercial learner's
22 permit or commercial driver license the following restriction
23 codes as provided under 49 CFR 383.95 and 383.153:
24 (i) For a commercial learner's permit:
25 (A) No passengers in a commercial motor vehicle bus.
26 (B) No cargo in a commercial motor vehicle tank vehicle.
27 (C) Commercial motor vehicle operation with medical
1 variance.
2 (D) Commercial motor vehicle operation intrastate only.
3 (ii) For a commercial driver license:
4 (A) Not valid to operate commercial motor vehicle equipped
5 with full air brakes.
6 (B) Not valid to operate commercial motor vehicle equipped
7 with manual transmission.
8 (C) Not valid to operate a group A commercial vehicle
9 tractor-trailer combination connected by fifth wheel.
10 (D) Commercial motor vehicle operation intrastate only.
11 (E) Commercial motor vehicle operation with medical
12 variance.
13 (5) A person, before operating a commercial motor vehicle,
14 shall obtain required the
following vehicle indorsements as
15 follows:provided
under 49 CFR 383.93 and 383.153:
16 (a) A person, before operating a commercial motor vehicle
17 pulling double trailers, shall procure obtain the
appropriate
18 vehicle group designation and a T vehicle indorsement under this
19 act.
20 (b) A person applying for a commercial learner's permit to
21 operate an empty tank motor vehicle shall obtain the appropriate
22 vehicle group designation and an N indorsement. A person, before
23 operating a commercial tank
motor vehicle, that
is a tank
24 vehicle, shall procure have on a commercial driver license the
25 appropriate vehicle group designation and an N vehicle
26 indorsement under this act.
27 (c) A person, before operating a commercial motor vehicle
1 carrying hazardous materials on which a placard is required under
2 49 CFR parts 100 to 199, shall procure the appropriate vehicle
3 group designation and an H vehicle indorsement under this act.
4 (d) A person, before operating a commercial tank motor
5 vehicle that is a tank vehicle carrying hazardous material,
6
materials, shall procure obtain the
appropriate vehicle group
7 designation and both an N and H vehicle indorsement, which shall
8 be designated by the code letter X on the person's operator's or
9 chauffeur's license.
10 (e) A person applying for a commercial learner's permit to
11 operate a passenger commercial motor vehicle that is not a school
12 bus shall obtain the appropriate commercial vehicle group
13 designation and a P indorsement. A person, before operating a
14 vehicle that is designed to transport 16 or more passengers
15 including the driver but that
is not a school bus shall procure
16 have on a commercial driver license the appropriate vehicle group
17 designation and a P vehicle indorsement under this act. An
18 applicant for a P vehicle indorsement shall take the driving
19 skills test in a vehicle designed to transport 16 or more
20 passengers including the driver.
21 (f) A person applying for a commercial learner's permit to
22 operate a school bus designed to transport 16 or more passengers,
23 including the driver, as set forth in section 306a(2)(e), who
24 does not currently possess a P indorsement, shall obtain both the
25
P and S indorsements. A person, who
does not currently possess a
26 P indorsement, before
operating a school bus, designed to
27 transport 16 or more passengers, including the driver, shall
1 procure have on a
commercial driver license the
appropriate
2 vehicle group designation
, pass the knowledge tests for the P
3 and S indorsements, and procure and both the P and S vehicle
4 indorsements under this act. An applicant for an S vehicle
5 indorsement shall take a driving skills test in a school bus
6 designed to transport 16 or more passengers, including the
7 driver, that represents the same type of vehicle that the
8 applicant intends to operate as a school bus.
9 (g) A person who currently possesses a P indorsement and is
10 applying for a commercial learner's permit to operate a school
11 bus designed to transport 16 or more passengers, including the
12 driver, as set forth in section 306(a)(2)(e), shall obtain the
13 appropriate vehicle group designation and an S indorsement. A
14 person who currently possesses a P indorsement, before operating
15 a school bus designed to transport 16 or more passengers,
16 including the driver, shall procure obtain the
appropriate
17 vehicle group designation, pass the knowledge test for an S
18 indorsement, and procure obtain an S vehicle
indorsement for his
19 or her commercial driver license under this act. An applicant for
20 an S vehicle indorsement shall take a driving skills test in a
21 school bus designed to transport 16 or more passengers, including
22 the driver, that represents the same type of vehicle that the
23 applicant intends to operate as a school bus.
24 (6) An applicant for an indorsement shall take the knowledge
25 and driving skills tests described and required under 49 CFR part
26 383.
27 (7) The holder of an unexpired operator's or chauffeur's
1 license may be issued a vehicle group designation and indorsement
2 valid for the remainder of the license upon meeting the
3 qualifications of section 312f and payment of the original
4 vehicle group designation fee of $25.00 and an indorsement fee of
5 $5.00 per indorsement, and a corrected license fee of $18.00. A
6 person required to procure an F vehicle indorsement under
7 subsection (9) shall pay an indorsement fee of $5.00.
8 (8) Except as otherwise provided in subsections (9) and
9 (10), this section does not apply to a driver or operator of a
10 vehicle under all of the following conditions:
11 (a) The vehicle is controlled and operated by a farmer or an
12 employee or family member of the farmer.
13 (b) The vehicle is used to transport agricultural products,
14 farm machinery, farm supplies, or a combination of these items,
15 to or from a farm.
16 (c) The vehicle is not used in the operation of a common or
17 contract motor carrier.
18 (d) The vehicle is operated within 150 miles of the farm.
19 (9) A person, before driving or operating a combination of
20 vehicles having a gross vehicle weight rating of 26,001 pounds or
21 more on the power unit that is used as described in subsection
22 (8)(a) to (d), shall obtain an F vehicle indorsement. The F
23 vehicle indorsement shall be issued upon successful completion of
24 a knowledge test only.
25 (10) A person, before driving or operating a single vehicle
26 truck having a gross vehicle weight rating of 26,001 pounds or
27 more or a combination of vehicles having a gross vehicle weight
1 rating of 26,001 pounds or more on the power unit that is used as
2 described in subsection (8)(a) to (d) for carrying hazardous
3 materials on which a placard is required under 49 CFR parts 100
4 to 199, shall successfully complete both a knowledge test and a
5 driving skills test. Upon successful completion of the knowledge
6 test and driving skills test, the person shall be issued the
7 appropriate vehicle group designation and any vehicle indorsement
8 necessary under this act.
9 (11) This section does not apply to a police officer
10 operating an authorized emergency vehicle or to a firefighter
11 operating an authorized emergency vehicle who has met the driver
12 training standards published under the firefighters training
13 council act, of 1966, 1966 PA 291, MCL 29.361 to 29.377.
14 (12) This section does not apply to a person operating a
15 vehicle used exclusively to transport personal possessions or
16 family members for nonbusiness purposes.
17 (13) The money collected under subsection (7) for a vehicle
18 group designation or indorsement shall be deposited in the state
19 treasury to the credit of the general fund. The secretary of
20 state shall refund out of the fees collected to each county or
21 municipality acting as an examining officer or examining bureau
22 $3.00 for each applicant examined for a first designation or
23 indorsement to an operator's or chauffeur's license and $1.50 for
24 each renewal designation or indorsement to an operator's or
25 chauffeur's license, whose application is not denied, on the
26 condition that the money refunded shall be paid to the county or
27 local treasurer and is appropriated to the county, municipality,
1 or officer or bureau receiving that money for the purpose of
2 carrying out this act.
3 (14) Notwithstanding any other provision of this section, a
4 person operating a vehicle described in subsections (8) and (9)
5 is subject to the provisions of sections 303 and 319b.
6 (15) This state shall comply with the requirements of the
7 American association of motor vehicle administrators' AAMVAnet,
8 incorporated's "Commercial Driver License Information System
9 (CDLIS) State Procedures Manual" that the secretary of state
10 determines are required for implementing and enforcing federal
11 law.
12 Sec. 312f. (1) Except as otherwise provided in this section,
13 a person shall be not less than 18 years of age before he or she
14 is issued a vehicle group designation or indorsement, other than
15 a motorcycle indorsement, or not less than 21 years of age and
16 has been approved by the transportation security administration
17 for a hazardous material endorsement before he or she is issued a
18 hazardous material indorsement on an operator's or chauffeur's
19 license and, as provided in this section, the person shall pass
20 knowledge and driving skills tests that comply with minimum
21 federal standards prescribed in 49 CFR part 383. The knowledge
22 and skills test scores shall be retained by the secretary of
23 state as provided under 49 CFR 383.135. A person who is 18 years
24 of age or older operating a vehicle to be used for farming
25 purposes only may obtain an A or B vehicle group designation or
26 an F vehicle indorsement. Each written examination given an
27 applicant for a vehicle group designation or indorsement shall
1 include subjects designed to cover the type or general class of
2 vehicle to be operated. Except as follows, a person shall pass an
3 examination that includes a driving skills test designed to test
4 competency of the applicant for an original vehicle group
5 designation and passenger indorsement on an operator's or
6 chauffeur's license to drive that type or general class of
7 vehicle upon the highways of this state with safety to persons
8 and property:
9 (a) The secretary of state shall waive the driving skills
10 test for a person operating a vehicle that is used under the
11 conditions described in section 312e(8)(a) to (d) unless the
12 vehicle has a gross vehicle weight rating of 26,001 pounds or
13 more on the power unit and is to be used to carry hazardous
14 materials on which a placard is required under 49 CFR parts 100
15 to 199.
16 (b) The driving skills test may be waived if the applicant
17 has a valid license with the appropriate vehicle group
18 designation, passenger vehicle indorsement, or school bus
19 indorsement in another state issued in compliance with 49 USC
20 31301 to 31317, or if the person successfully passes a driving
21 skills test administered in another state that meets the
22 requirements of federal law and the law of this state.
23 (c) The secretary of state may waive the driving skills test
24 required under this section for a person with military commercial
25 motor vehicle experience if the person, at the time of
26 application, certifies and provides evidence satisfactory to the
27 secretary of state that he or she continuously met all of the
1 requirements under 49 CFR 383 during the 2-year period
2 immediately preceding the date of application for the commercial
3 driver license.
4 (2) Except for a person who has held an operator's or
5 chauffeur's license for less than 1 year, the secretary of state
6 shall waive the knowledge test and the driving skills test and
7 issue a 1-year seasonal restricted vehicle group designation to
8 an otherwise qualified applicant to operate a group B or a group
9 C vehicle for a farm related service industry if all of the
10 following conditions are met:
11 (a) The applicant meets the requirements of 49 CFR 383.77.
12 (b) The seasons for which the seasonal restricted vehicle
13 group designation is issued are from April 2 to June 30 and from
14 September 2 to November 30 only of a 12-month period or, at the
15 option of the applicant, for not more than 180 days from the date
16 of issuance in a 12-month period.
17 (c) The commercial motor vehicle for which the seasonal
18 restricted vehicle group designation is issued shall be operated
19 only if all the following conditions are met:
20 (i) The commercial motor vehicle is operated only on routes
21 within 150 miles from the place of business to the farm or farms
22 being served.
23 (ii) The commercial motor vehicle does not transport a
24 quantity of hazardous materials on which a placard under 49 CFR
25 parts 100 to 199 is required except for the following:
26 (A) Diesel motor fuel in quantities of 1,000 gallons or
27 less.
1 (B) Liquid fertilizers in quantities of 3,000 gallons or
2 less.
3 (C) Solid fertilizers that are not transported with any
4 organic substance.
5 (iii) The commercial motor vehicle does not require the H, N,
6 P, S, T, or X vehicle indorsement.
7 (3) A seasonal restricted vehicle group designation under
8 this section shall be issued, suspended, revoked, canceled,
9 denied, or renewed in accordance with this act.
10 (4) The secretary of state may enter into an agreement with
11 another public or private corporation or agency to conduct a
12 driving skills test required under this section, section 312e, or
13 49 CFR part 383. Before the secretary of state authorizes a
14 person to administer a corporation's or agency's driver skills
15 testing operations or authorizes an examiner to conduct a driving
16 skills test, that person or examiner must complete both a state
17 and federal bureau of investigation fingerprint based criminal
18 history check through the department of state police.
19 (5) The secretary of state shall not issue a commercial
20 learner's permit, a vehicle group designation, or a vehicle
21 indorsement to an applicant for an original vehicle group
22 designation or vehicle indorsement under section 312e or may
23 cancel a commercial learner's permit or all vehicle group
24 designations or endorsements on a person's operator's or
25 chauffeur's license to whom 1 or more of the following apply:
26 (a) The applicant has had his or her license suspended or
27 revoked for a reason other than as provided in section 321a, 515,
1 732a, or 801c or section 30 of the support and parenting time
2 enforcement act, 1982 PA 295, MCL 552.630, in the 36 months
3 immediately preceding application. However, a vehicle group
4 designation may be issued if the suspension or revocation was due
5 to a temporary medical condition or failure to appear at a
6 reexamination as provided in section 320.
7 (b) The applicant was convicted of or incurred a bond
8 forfeiture in relation to a 6-point violation as provided in
9 section 320a in the 24 months immediately preceding application
10 if the violation occurred while the applicant was operating a
11 commercial motor vehicle, or a violation of section 625(3) or
12 former section 625b, or a local ordinance substantially
13 corresponding to section 625(3) or former section 625b in the 24
14 months immediately preceding application, if the applicant was
15 operating any type of motor vehicle.
16 (c) The applicant is listed on the national driver register,
17 the commercial driver license information system, or the driving
18 records of the state in which the applicant was previously
19 licensed as being disqualified from operating a commercial motor
20 vehicle or as having a license or driving privilege suspended,
21 revoked, canceled, or denied.
22 (d) The applicant is listed on the national driver register,
23 the commercial driver license information system, or the driving
24 records of the state in which the applicant was previously
25 licensed as having had a license suspended, revoked, or canceled
26 in the 36 months immediately preceding application if a
27 suspension or revocation would have been imposed under this act
1 had the applicant been licensed in this state in the original
2 instance. This subdivision does not apply to a suspension or
3 revocation that would have been imposed due to a temporary
4 medical condition or under section 321a, 515, 732a, or 801c or
5 section 30 of the support and parenting time enforcement act,
6 1982 PA 295, MCL 552.630.
7 (e) The applicant is subject to a suspension or revocation
8 under section 319b or would have been subject to a suspension or
9 revocation under section 319b if the applicant had been issued a
10 vehicle group designation or vehicle indorsement.
11 (f) The applicant has been disqualified from operating a
12 commercial motor vehicle under 49 USC 31301 to 31317 or the
13 applicant's license to operate a commercial motor vehicle has
14 been suspended, revoked, denied, or canceled within 36 months
15 immediately preceding the date of application.
16 (g) The United States secretary of transportation has
17 disqualified the applicant from operating a commercial motor
18 vehicle.
19 (h) The applicant fails to satisfy the federal regulations
20 promulgated under 49 CFR parts 383 and 391 by refusing to certify
21 the type of commercial motor vehicle operation the applicant
22 intends to perform and fails to present valid medical
23 certification to the secretary of state if required to do so.
24 (i) The applicant has been disqualified from operating a
25 commercial motor vehicle due to improper or fraudulent testing.
26 (j) If the secretary of state determines through a
27 governmental investigation that there is reason to believe that a
1 commercial driver license or endorsement was issued as a result
2 of fraudulent or improper conduct in taking a knowledge test or
3 driving skills test required under 49 CFR 383, the secretary of
4 state shall require the applicant to retake and successfully pass
5 that test. The secretary of state shall cancel any commercial
6 driver license or endorsement issued as a result of the suspect
7 test unless the applicant retakes and passes that test.
8 (6) The secretary of state shall not renew or upgrade a
9 vehicle group designation if 1 or more of the following
10 conditions exist:
11 (a) The United States secretary of transportation has
12 disqualified the applicant from operating a commercial motor
13 vehicle.
14 (b) The applicant is listed on the national driver register
15 or the commercial driver license information system as being
16 disqualified from operating a commercial motor vehicle or as
17 having a driver license or driving privilege suspended, revoked,
18 canceled, or denied.
19 (c) On or after January 30, 2012, the applicant fails to
20 meet the requirements of 49 CFR parts 383 and 391 by refusing to
21 certify the type of commercial motor vehicle operation the
22 applicant intends to perform and fails to present medical
23 certification to the secretary of state if required to do so.
24 (7) The secretary of state shall only consider bond
25 forfeitures under subsection (5)(b) for violations that occurred
26 on or after January 1, 1990 when determining the applicability of
27 subsection (5).
1 (8) If an applicant for an original vehicle group
2 designation was previously licensed in another jurisdiction, the
3 secretary of state shall request a copy of the applicant's
4 driving record from that jurisdiction. If 1 or more of the
5 conditions described in subsection (5) exist in that jurisdiction
6 when the secretary of state receives the copy, the secretary of
7 state shall cancel all vehicle group designations on the person's
8 operator's or chauffeur's license.
9 (9) The secretary of state shall cancel all vehicle group
10 designations on a person's operator's or chauffeur's license upon
11 receiving notice from the United States secretary of
12 transportation, the national driver register, the commercial
13 driver license system, or another state or jurisdiction that 1 or
14 more of the conditions described in subsection (5) existed at the
15 time of the person's application in this state.
16 (10) The secretary of state shall cancel all vehicle group
17 designations on the person's operator's or chauffeur's license
18 upon receiving proper notice that the person no longer meets the
19 federal driver qualification requirements under 49 CFR parts 383
20 and 391 to operate a commercial motor vehicle in interstate or
21 intrastate commerce, or the person no longer meets the driver
22 qualification requirements to operate a commercial motor vehicle
23 in intrastate commerce under the motor carrier safety act of
24 1963, 1963 PA 181, MCL 480.11 to 480.25.
25 (11) Subsection (5)(a), (b), (d), and (f) do does not
apply
26 to an applicant for an original vehicle group designation who at
27 the time of application has a valid license to operate a
1 commercial motor vehicle issued by any state in compliance with
2 49 USC 31301 to 31317.
3 (12) As used in this section, "farm related service
4 industry" means custom harvesters, farm retail outlets and
5 suppliers, agri-chemical business, or livestock feeders.
6 Sec. 319. (1) The secretary of state shall immediately
7 suspend a person's license as provided in this section upon
8 receiving a record of the person's conviction for a crime
9 described in this section, whether the conviction is under a law
10 of this state, a local ordinance substantially corresponding to a
11 law of this state, a law of another state substantially
12 corresponding to a law of this state, or, beginning October 31,
13 2010, a law of the United States substantially corresponding to a
14 law of this state.
15 (2) The secretary of state shall suspend the person's
16 license for 1 year for any of the following crimes:
17 (a) Fraudulently altering or forging documents pertaining to
18 motor vehicles in violation of section 257.
19 (b) A violation of section 413 of the Michigan penal code,
20 1931 PA 328, MCL 750.413.
21 (c) A violation of section 1 of former 1931 PA 214, MCL
22 752.191, or former section 626c.
23 (d) A felony in which a motor vehicle was used. As used in
24 this section, "felony in which a motor vehicle was used" means a
25 felony during the commission of which the person convicted
26 operated a motor vehicle and while operating the vehicle
27 presented real or potential harm to persons or property and 1 or
1 more of the following circumstances existed:
2 (i) The vehicle was used as an instrument of the felony.
3 (ii) The vehicle was used to transport a victim of the
4 felony.
5 (iii) The vehicle was used to flee the scene of the felony.
6 (iv) The vehicle was necessary for the commission of the
7 felony.
8 (e) A violation of section 602a(2) or (3) of this act or
9 section 479a(2) or (3) of the Michigan penal code, 1931 PA 328,
10 MCL 750.479a.
11 (f) Beginning October 31, 2010, a violation of section 601d.
12 (3) The secretary of state shall suspend the person's
13 license for 90 days for any of the following crimes:
14 (a) Failing to stop and disclose identity at the scene of an
15 accident resulting in injury in violation of section 617a.
16 (b) A violation of section 601b(2), section 601c(1), section
17 653a(3), section 626 before October 31, 2010, or, beginning
18 October 31, 2010, section 626(2).
19 (c) Malicious destruction resulting from the operation of a
20 vehicle under section 382(1)(b), (c), or (d) of the Michigan
21 penal code, 1931 PA 328, MCL 750.382.
22 (d) A violation of section 703(2) of the Michigan liquor
23 control code of 1998, 1998 PA 58, MCL 436.1703.
24 (4) The secretary of state shall suspend the person's
25 license for 30 days for malicious destruction resulting from the
26 operation of a vehicle under section 382(1)(a) of the Michigan
27 penal code, 1931 PA 328, MCL 750.382.
1 (5) For perjury or making a false certification to the
2 secretary of state under any law requiring the registration of a
3 motor vehicle or regulating the operation of a vehicle on a
4 highway, or for conduct prohibited under section 324(1) or a
5 local ordinance substantially corresponding to section 324(1),
6 the secretary shall suspend the person's license as follows:
7 (a) If the person has no prior conviction for an offense
8 described in this subsection within 7 years, for 90 days.
9 (b) If the person has 1 or more prior convictions for an
10 offense described in this subsection within 7 years, for 1 year.
11 (6) For a violation of section 414 of the Michigan penal
12 code, 1931 PA 328, MCL 750.414, the secretary of state shall
13 suspend the person's license as follows:
14 (a) If the person has no prior conviction for that offense
15 within 7 years, for 90 days.
16 (b) If the person has 1 or more prior convictions for that
17 offense within 7 years, for 1 year.
18 (7) For a violation of section 624a or 624b of this act or
19 section 703(1) of the Michigan liquor control code of 1998, 1998
20 PA 58, MCL 436.1703, the secretary of state shall suspend the
21 person's license as follows:
22 (a) If the person has 1 prior conviction for an offense
23 described in this subsection or section 33b(1) of former 1933 (Ex
24 Sess) PA 8, for 90 days. The secretary of state may issue the
25 person a restricted license after the first 30 days of
26 suspension.
27 (b) If the person has 2 or more prior convictions for an
1 offense described in this subsection or section 33b(1) of former
2 1933 (Ex Sess) PA 8, for 1 year. The secretary of state may issue
3 the person a restricted license after the first 60 days of
4 suspension.
5 (8) The secretary of state shall suspend the person's
6 license for a violation of section 625 or 625m as follows:
7 (a) For 180 days for a violation of section 625(1) or (8)
8 before October 31, 2010 or, beginning October 31, 2010, section
9 625(1)(a) or (b) or (8) if the person has no prior convictions
10 within 7 years. The secretary of state may issue the person a
11 restricted license during a specified portion of the suspension,
12 except that the secretary of state shall not issue a restricted
13 license during the first 30 days of suspension.
14 (b) For 90 days for a violation of section 625(3) if the
15 person has no prior convictions within 7 years. However, if the
16 person is convicted of a violation of section 625(3), for
17 operating a vehicle when, due to the consumption of a controlled
18 substance or a combination of alcoholic liquor and a controlled
19 substance, the person's ability to operate the vehicle was
20 visibly impaired, the secretary of state shall suspend the
21 person's license under this subdivision for 180 days. The
22 secretary of state may issue the person a restricted license
23 during all or a specified portion of the suspension.
24 (c) For 30 days for a violation of section 625(6) if the
25 person has no prior convictions within 7 years. The secretary of
26 state may issue the person a restricted license during all or a
27 specified portion of the suspension.
1 (d) For 90 days for a violation of section 625(6) if the
2 person has 1 or more prior convictions for that offense within 7
3 years.
4 (e) For 180 days for a violation of section 625(7) if the
5 person has no prior convictions within 7 years. The secretary of
6 state may issue the person a restricted license after the first
7 90 days of suspension.
8 (f) For 90 days for a violation of section 625m if the
9 person has no prior convictions within 7 years. The secretary of
10 state may issue the person a restricted license during all or a
11 specified portion of the suspension.
12 (g) Beginning October 31, 2010, for 1 year for a violation
13 of section 625(1)(c) if the person has no prior convictions
14 within 7 years or not more than 2 convictions within 10 years.
15 The secretary of state may issue the person a restricted license,
16 except that the secretary of state shall not issue a restricted
17 license during the first 45 days of suspension.
18 (h) Beginning October 31, 2010, the department shall order a
19 person convicted of violating section 625(1)(c) not to operate a
20 motor vehicle under a restricted license issued under subdivision
21 (g) unless the vehicle is equipped with an ignition interlock
22 device approved, certified, and installed as required under
23 sections 625k and 625l. The ignition interlock device may be
24 removed after the interlock device provider provides the
25 department with verification that the person has operated the
26 vehicle with no instances of reaching or exceeding a blood
27 alcohol level of 0.025 grams per 210 liters of breath. This
1 subdivision does not prohibit the removal of the ignition
2 interlock device for any of the following:
3 (i) A start-up test failure that occurs within the first 2
4 months after installation of the device. As used in this
5 subdivision, "start-up test failure" means that the ignition
6 interlock device has prevented the motor vehicle from being
7 started. Multiple unsuccessful attempts at 1 time to start the
8 vehicle shall be treated as 1 start-up test failure only under
9 this subparagraph.
10 (ii) A start-up test failure occurring more than 2 months
11 after installation of the device, if not more than 15 minutes
12 after detecting the start-up test failure the person delivers a
13 breath sample that the ignition interlock device analyzes as
14 having an alcohol level of less than 0.025 grams per 210 liters
15 of breath.
16 (iii) A retest prompted by the device, if not more than 5
17 minutes after detecting the retest failure the person delivers a
18 breath sample that the ignition interlock device analyzes as
19 having an alcohol level of less than 0.025 grams per 210 liters
20 of breath.
21 (i) Beginning October 31, 2010, if an individual violates
22 the conditions of the restricted license issued under subdivision
23 (g) or operates or attempts to operate a motor vehicle with a
24 blood alcohol level of 0.025 grams per 210 liters of breath, the
25 secretary of state shall impose an additional like period of
26 suspension and restriction as prescribed under subdivision (g).
27 This subdivision does not require an additional like period of
1 suspension and restriction for any of the following:
2 (i) A start-up test failure within the first 2 months after
3 installation of the ignition interlock device. As used in this
4 subdivision, "start-up test failure" means that the ignition
5 interlock device has prevented the motor vehicle from being
6 started. Multiple unsuccessful attempts at 1 time to start the
7 vehicle shall be treated as 1 start-up test failure only under
8 this subparagraph.
9 (ii) A start-up test failure occurring more than 2 months
10 after installation of the device, if not more than 15 minutes
11 after detecting the start-up test failure the person delivers a
12 breath sample that the ignition interlock device analyzes as
13 having an alcohol level of less than 0.025 grams per 210 liters
14 of breath.
15 (iii) Any retest prompted by the device, if not more than 5
16 minutes after detecting the retest failure the person delivers a
17 breath sample that the ignition interlock device analyzes as
18 having an alcohol level of less than 0.025 grams per 210 liters
19 of breath.
20 (9) For a violation of section 367c of the Michigan penal
21 code, 1931 PA 328, MCL 750.367c, the secretary of state shall
22 suspend the person's license as follows:
23 (a) If the person has no prior conviction for an offense
24 described in this subsection within 7 years, for 6 months.
25 (b) If the person has 1 or more convictions for an offense
26 described in this subsection within 7 years, for 1 year.
27 (10) For a violation of section 315(4), the secretary of
1 state may suspend the person's license for 6 months.
2 (11) For a violation or attempted violation of section
3 411a(2) of the Michigan penal code, 1931 PA 328, MCL 750.411a,
4 involving a school, the secretary of state shall suspend the
5 license of a person 14 years of age or over but less than 21
6 years of age until 3 years after the date of the conviction or
7 juvenile disposition for the violation. The secretary of state
8 may issue the person a restricted license after the first 365
9 days of suspension.
10 (12) For a second or subsequent violation of section 701(1)
11 of the Michigan liquor control code of 1998, 1998 PA 58, MCL
12 436.1701, by an individual who is not a retail licensee or a
13 retail licensee's clerk, agent, or employee, the secretary of
14 state shall suspend the person's license for 180 days. The
15 secretary of state may issue a person a restricted license during
16 all or a specified portion of the suspension.
17 (13) Except as provided in subsection (15), a suspension
18 under this section shall be imposed notwithstanding a court order
19 unless the court order complies with section 323.
20 (14) If the secretary of state receives records of more than
21 1 conviction of a person resulting from the same incident, a
22 suspension shall be imposed only for the violation to which the
23 longest period of suspension applies under this section.
24 (15) The secretary of state may waive a restriction,
25 suspension, or revocation of a person's license imposed under
26 this act if the person submits proof that a court in another
27 state revoked, suspended, or restricted his or her license for a
1 period equal to or greater than the period of a restriction,
2 suspension, or revocation prescribed under this act for the
3 violation and that the revocation, suspension, or restriction was
4 served for the violation, or may grant a restricted license.
5 (16) The secretary of state shall not issue a restricted
6 license to a person whose license is suspended under this section
7 unless a restricted license is authorized under this section and
8 the person is otherwise eligible for a license.
9 (17) The secretary of state shall not issue a restricted
10 license to a person under subsection (8) that would permit the
11 person to operate a commercial motor vehicle.
12 (18) Except as provided in subsection (17), a restricted
13 license issued under this section shall permit the person to whom
14 it is issued to take any driving skills test required by the
15 secretary of state and to operate a vehicle under 1 or more of
16 the following circumstances:
17 (a) In the course of the person's employment or occupation.
18 (b) To and from any combination of the following:
19 (i) The person's residence.
20 (ii) The person's work location.
21 (iii) An alcohol or drug education or treatment program as
22 ordered by the court.
23 (iv) The court probation department.
24 (v) A court-ordered community service program.
25 (vi) An educational institution at which the person is
26 enrolled as a student.
27 (vii) A place of regularly occurring medical treatment for a
1 serious condition for the person or a member of the person's
2 household or immediate family.
3 (viii) An ignition interlock service provider as required.
4 (19) While driving with a restricted license, the person
5 shall carry proof of his or her destination and the hours of any
6 employment, class, or other reason for traveling and shall
7 display that proof upon a peace officer's request.
8 (20) Subject to subsection (22), as used in subsection (8),
9 "prior conviction" means a conviction for any of the following,
10 whether under a law of this state, a local ordinance
11 substantially corresponding to a law of this state, or a law of
12 another state substantially corresponding to a law of this state:
13 (a) Except as provided in subsection (21), a violation or
14 attempted violation of any of the following:
15 (i) Section 625, except a violation of section 625(2), or a
16 violation of any prior enactment of section 625 in which the
17 defendant operated a vehicle while under the influence of
18 intoxicating or alcoholic liquor or a controlled substance, or a
19 combination of intoxicating or alcoholic liquor and a controlled
20 substance, or while visibly impaired, or with an unlawful bodily
21 alcohol content.
22 (ii) Section 625m.
23 (iii) Former section 625b.
24 (b) Negligent homicide, manslaughter, or murder resulting
25 from the operation of a vehicle or an attempt to commit any of
26 those crimes.
27 (c) Beginning October 31, 2010, a violation of section 601d
1 or section 626(3) or (4).
2 (21) Except for purposes of the suspensions described in
3 subsection (8)(c) and (d), only 1 violation or attempted
4 violation of section 625(6), a local ordinance substantially
5 corresponding to section 625(6), or a law of another state
6 substantially corresponding to section 625(6) may be used as a
7 prior conviction.
8 (22) If 2 or more convictions described in subsection (20)
9 are convictions for violations arising out of the same
10 transaction, only 1 conviction shall be used to determine whether
11 the person has a prior conviction.
12 Sec. 324. (1) A person shall not do any of the following:
13 (a) Display, or cause or permit to be displayed, or have in
14 possession an operator's or chauffeur's license knowing the
15 operator's or chauffeur's license to be fictitious or to have
16 been canceled, revoked, suspended, or altered.
17 (b) Lend to or knowingly permit use of, by one not entitled
18 to its use, the operator's or chauffeur's license issued to the
19 person lending or permitting the use of the operator's or
20 chauffeur's license.
21 (c) Display or to represent as one's own any operator's or
22 chauffeur's license not issued to the person displaying the
23 operator's or chauffeur's license.
24 (d) Fail or refuse to surrender to the department upon
25 demand, any operator's or chauffeur's license which has been
26 suspended, canceled, or revoked as provided by law.
27 (e) Use a false or fictitious name or give a false or
1 fictitious address in an application for an operator's or
2 chauffeur's license, or any renewal or duplicate of an operator's
3 or chauffeur's license, or knowingly make a false statement or
4 knowingly conceal a material fact or otherwise commit a fraud in
5 making an application.
6 (f) Alter or otherwise cause to be altered any operator's or
7 chauffeur's license so as to knowingly make a false statement or
8 knowingly conceal a material fact in order to misrepresent as
9 one's own the operator's or chauffeur's license.
10 (g) Use or have in possession in committing a crime an
11 operator's or chauffeur's license that has been altered or that
12 is used to knowingly make a false statement or to knowingly
13 conceal a material fact in order to misrepresent as one's own the
14 operator's or chauffeur's license.
15 (h) Furnish to a peace officer false, forged, fictitious, or
16 misleading verbal or written information identifying the person
17 as another person, if the person is detained for a violation of
18 this act or of a local ordinance substantially corresponding to a
19 provision of this act.
20 (i) Commit fraud related to the testing for or issuance of a
21 commercial driver license or permit.
22 (j) Fail to schedule a retest appointment within 30 days
23 after receiving the secretary of state's retest notification.
24 (2) A license for an operator or chauffeur An operator's or
25 chauffeur's license issued to a person under this chapter upon an
26 application that is untrue, or that contains false statements as
27 to any material matters, or that was obtained by fraud in the
1
testing for or issuance of the license, is
absolutely void from
2 the date of issuance. The operator or chauffeur who was issued
3 the license is considered unlicensed and the license issued shall
4 be returned upon request or order of the department. A person
5 whose commercial driver license application is voided or canceled
6 under this subsection, including as required under 49 CFR part
7
383, shall not reapply for a commercial
driver license for at
8 least except as
follows:
9 (a) Not sooner than 60 days after an application is voided
10 or canceled.
11 (b) If the person obtained the license by fraud in the
12 testing for or issuance of the commercial driver license or
13 commercial learner's permit, not sooner than 365 days after the
14 permit or license is canceled.
15 (c) If the person failed to schedule a retesting for a new
16 commercial learner's permit or commercial driver license within
17 30 days after receiving the notification by the secretary of
18 state for retesting, until the driver meets the department's
19 requirements for applying for a new commercial learner's permit
20 or commercial driver license.
21 Sec. 904. (1) A person whose operator's or chauffeur's
22 license or registration certificate has been suspended or
23 revoked, and who has been notified as provided in section
212 of
24 that suspension or revocation, whose application for license has
25 been denied, or who has never applied for a license, shall not
26 operate a motor vehicle upon a highway or other place open to the
27 general public or generally accessible to motor vehicles,
1 including an area designated for the parking of motor vehicles,
2 within this state.
3 (2) A person shall not knowingly permit a motor vehicle
4 owned by the person to be operated upon a highway or other place
5 open to the general public or generally accessible to motor
6 vehicles, including an area designated for the parking of
7 vehicles, within this state by a person whose license or
8 registration certificate is suspended or revoked, whose
9 application for license has been denied, or who has never applied
10 for a license, except as permitted under this act.
11 (3) Except as otherwise provided in this section, a person
12 who violates subsection (1) or (2) is guilty of a misdemeanor
13 punishable as follows:
14 (a) For a first violation, by imprisonment for not more than
15 93 days or a fine of not more than $500.00, or both. Unless the
16 vehicle was stolen or used with the permission of a person who
17 did not knowingly permit an unlicensed driver to operate the
18 vehicle, the registration plates of the vehicle shall be canceled
19 by the secretary of state upon notification by a peace officer.
20 (b) For a violation that occurs after a prior conviction, by
21 imprisonment for not more than 1 year or a fine of not more than
22 $1,000.00, or both. Unless the vehicle was stolen, the
23 registration plates of the vehicle shall be canceled by the
24 secretary of state upon notification by a peace officer.
25 (4) A person who operates a motor vehicle in violation of
26 subsection (1) and who, by operation of that motor vehicle,
27 causes the death of another person is guilty of a felony
1 punishable by imprisonment for not more than 15 years or a fine
2 of not less than $2,500.00 or more than $10,000.00, or both. This
3 subsection does not apply to a person whose operator's or
4 chauffeur's license was suspended because that person failed to
5 answer a citation or comply with an order or judgment pursuant to
6 section 321a.
7 (5) A person who operates a motor vehicle in violation of
8 subsection (1) and who, by operation of that motor vehicle,
9 causes the serious impairment of a body function of another
10 person is guilty of a felony punishable by imprisonment for not
11 more than 5 years or a fine of not less than $1,000.00 or more
12 than $5,000.00, or both. This subsection does not apply to a
13 person whose operator's or chauffeur's license was suspended
14 because that person failed to answer a citation or comply with an
15 order or judgment pursuant to section 321a.
16 (6) In addition to being subject to any other penalty
17 provided for in this act, if a person is convicted under
18 subsection (4) or (5), the court may impose the sanction
19 permitted under section 625n. If the vehicle is not ordered
20 forfeited under section 625n, the court shall order vehicle
21 immobilization under section 904d in the judgment of sentence.
22 (7) A person shall not knowingly permit a motor vehicle
23 owned by the person to be operated upon a highway or other place
24 open to the general public or generally accessible to motor
25 vehicles, including an area designated for the parking of
26 vehicles, within this state, by a person whose license or
27 registration certificate is suspended or revoked, whose
1 application for license has been denied, or who has never been
2 licensed except as permitted by this act. If a person permitted
3 to operate a motor vehicle in violation of this subsection causes
4 the serious impairment of a body function of another person by
5 operation of that motor vehicle, the person knowingly permitting
6 the operation of that motor vehicle is guilty of a felony
7 punishable by imprisonment for not more than 2 years, or a fine
8 of not less than $1,000.00 or more than $5,000.00, or both. If a
9 person permitted to operate a motor vehicle in violation of this
10 subsection causes the death of another person by operation of
11 that motor vehicle, the person knowingly permitting the operation
12 of that motor vehicle is guilty of a felony punishable by
13 imprisonment for not more than 5 years, or a fine of not less
14 than $1,000.00 or more than $5,000.00, or both.
15 (8) If the prosecuting attorney intends to seek an enhanced
16 sentence under this section based upon the defendant having 1 or
17 more prior convictions, the prosecuting attorney shall include on
18 the complaint and information, or an amended complaint and
19 information, filed in district court, circuit court, municipal
20 court, or family division of circuit court, a statement listing
21 the defendant's prior convictions.
22 (9) A prior conviction under this section shall be
23 established at or before sentencing by 1 or more of the
24 following:
25 (a) A copy of a judgment of conviction.
26 (b) An abstract of conviction.
27 (c) A transcript of a prior trial, plea, or sentencing.
1 (d) A copy of a court register of action.
2 (e) A copy of the defendant's driving record.
3 (f) Information contained in a presentence report.
4 (g) An admission by the defendant.
5 (10) Upon receiving a record of a person's conviction or
6 civil infraction determination for the unlawful operation of a
7 motor vehicle or a moving violation reportable under section 732
8 while the person's operator's or chauffeur's license is suspended
9 or revoked, the secretary of state immediately shall impose an
10 additional like period of suspension or revocation. This
11 subsection applies only if the violation occurs during a
12 suspension of definite length or if the violation occurs before
13 the person is approved for a license following a revocation.
14 (11) Upon receiving a record of a person's conviction or
15 civil infraction determination for the unlawful operation of a
16 motor vehicle or a moving violation reportable under section 732
17 while the person's operator's or chauffeur's license is
18 indefinitely suspended or whose application for a license has
19 been denied, the secretary of state immediately shall impose a
20 30-day period of suspension or denial.
21 (12) Upon receiving a record of the conviction, bond
22 forfeiture, or a civil infraction determination of a person for
23 unlawful operation of a motor vehicle requiring a vehicle group
24 designation while the designation is suspended or revoked under
25 section 319b, or while the person is disqualified from operating
26 a commercial motor vehicle by the United States secretary of
27 transportation or under 49 USC 31301 to 31317, the secretary of
1 state immediately shall impose an additional like period of
2 suspension or revocation. This subsection applies only if the
3 violation occurs during a suspension of definite length or if the
4 violation occurs before the person is approved for a license
5 following a revocation.
6 (13) If the secretary of state receives records of more than
7 1 conviction or civil infraction determination resulting from the
8 same incident, all of the convictions or civil infraction
9 determinations shall be treated as a single violation for
10 purposes of imposing an additional period of suspension or
11 revocation under subsection (10), (11), or (12).
12 (14) Before a person is arraigned before a district court
13 magistrate or judge on a charge of violating this section, the
14 arresting officer shall obtain the person's driving record from
15 the secretary of state and shall furnish the record to the court.
16 The driving record of the person may be obtained from the
17 secretary of state's computer information network.
18 (15) This section does not apply to a person who operates a
19 vehicle solely for the purpose of protecting human life or
20 property if the life or property is endangered and summoning
21 prompt aid is essential.
22 (16) A person whose vehicle group designation is suspended
23 or revoked and who has been notified as provided in section 212
24 of that suspension or revocation, or whose application for a
25 vehicle group designation has been denied as provided in this
26 act, or who has never applied for a vehicle group designation and
27 who operates a commercial motor vehicle within this state, except
1 as permitted under this act, while any of those conditions exist
2 is guilty of a misdemeanor punishable, except as otherwise
3 provided in this section, by imprisonment for not less than 3
4 days or more than 93 days or a fine of not more than $100.00, or
5 both.
6 (17) If a person has a second or subsequent suspension or
7 revocation under this section within 7 years as indicated on the
8 person's Michigan driving record, the court shall proceed as
9 provided in section 904d.
10 (18) Any period of suspension or revocation required under
11 subsection (10), (11), or (12) does not apply to a person who has
12 only 1 currently effective suspension or denial on his or her
13 Michigan driving record under section 321a and was convicted of
14 or received a civil infraction determination for a violation that
15 occurred during that suspension or denial. This subsection may
16 only be applied once during the person's lifetime.
17 (19) For purposes of this section, a person who never
18 applied for a license includes a person who applied for a
19 license, was denied, and never applied again.