HB 5768

HOUSE BILL NO. 5768
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 309 and 310e (MCL 257.309 and
257.310e), section 309 as amended by 2022 PA 45 and section 310e as amended by
2019 PA 33, and by adding section 309a.
the people of the state of michigan enact:
Sec. 309. (1) Before Subject to subsection (11), before issuing a license,
the secretary of state shall examine each applicant for an operator's or
chauffeur's license who at the time of the application is not the holder of a
valid, unrevoked operator's or chauffeur's license under a law of this state
providing for the licensing of drivers. Before the secretary of state
authorizes an individual to administer vehicle group designation or endorsement
knowledge tests, that individual must successfully complete both a state and
Federal Bureau of Investigation fingerprint-based criminal history check or the
equivalent through the department of state police. In all other cases, the
secretary of state may waive the examination, except that an examination must
not be waived if it appears from the application, from the apparent physical or
mental condition of the applicant, or from any other information that has come
to the secretary of state from another source, that the applicant does not
possess the physical, mental, or other qualifications necessary to operate a
motor vehicle in a manner as not to jeopardize the safety of persons or
property, or that the applicant is not entitled to a license under section 303.
A licensee who applies for the renewal of his or
her the applicant's license by mail
under section 307 shall certify to his or her the applicant's physical capability to operate a
motor vehicle. The secretary of state may check the applicant's driving record
through the National Driver Register and the Commercial Driver's License
Information System before issuing a license under this section.
(2) The secretary
of state may appoint sheriffs, their deputies, the chiefs of police of cities
and villages that have organized police departments within this state, their
duly authorized representatives, employees of the secretary of state, or the
secretary of state's duly authorized representatives as examining officers for
the purpose of examining applicants for operator's and chauffeur's licenses. An
examining officer shall conduct examinations of applicants for operator's and
chauffeur's licenses in accordance with this chapter and the rules promulgated
by the secretary of state under subsection (3). After conducting an examination
an examining officer shall make a written report of his or her the examining
officer's findings and recommendations to the secretary of state.
(3) The secretary
of state shall promulgate rules under the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328, for the examination of the applicant's
physical and mental qualifications to operate a motor vehicle in a manner as
not to jeopardize the safety of persons or property, and shall ascertain
whether facts exist that would bar the issuance of a license under section 303.
The secretary of state may consider a written medical report and recommendation
submitted under section 5139 of the public health code, 1978 PA 368, MCL
333.5139, from the personal physician or optometrist of an applicant, in making
the examination regarding the applicant's physical and mental qualifications to
operate a motor vehicle under this section and R 257.851 to R 257.855 of the
Michigan Administrative Code. A report received by the secretary of state from
a physician or an optometrist under this section is confidential. The secretary
of state shall also ascertain whether the applicant has sufficient knowledge of
the English language to understand highway warnings or direction signs written
in that language. The examination must not include investigation of facts other
than those facts directly pertaining to the ability of the applicant to operate
a motor vehicle with safety or facts declared to be prerequisite to the
issuance of a license under this act.
(4) The Subject to subsection
(11), the secretary of state shall not issue an original operator's or
chauffeur's license without a vehicle group designation or indorsement endorsement without
an examination that includes a driving skills test conducted by the secretary
of state or by a designated examining officer under subsection (2) or section
310e. The secretary of state may enter into an agreement with another public or
private corporation or agency to conduct a driving skills test conducted under
this section. Before the secretary of state authorizes an individual to
administer a corporation's or agency's driver skills testing operations or
authorizes an examiner to conduct a driving skills test, that individual or
examiner must successfully complete both a state and Federal Bureau of
Investigation fingerprint-based criminal history check through the department
of state police as required by law and as provided under 49 CFR 384.228. In an
agreement with another public or private corporation or agency to conduct a
driving skills test, the secretary of state shall prescribe the method and
examination criteria to be followed by the corporation, agency, or examiner
when conducting the driving skills test and the form of the certification to be
issued to an individual who satisfactorily completes a driving skills test. An
original vehicle group designation or indorsement endorsement must not be issued by the secretary of
state without a knowledge test conducted by the secretary of state. Except as
provided in section 312f(1), an original vehicle group designation or passenger
or school bus indorsement endorsement must not be issued by the secretary of
state without a driving skills test conducted by an examiner appointed or
authorized by the secretary of state or an equivalent driving skills test
meeting the requirements of 49 CFR part 383 conducted in another jurisdiction.
(5) Except as
otherwise provided in this act and subject to
subsection (11), the secretary of state may waive the requirement of a
driving skills test, knowledge test, or road sign test of an applicant for an
original operator's or chauffeur's license without a vehicle group designation
or indorsement endorsement
who at the time of the application is the holder of a valid, unrevoked
operator's or chauffeur's license issued by another state or country.
(6) A driving
skills test conducted under this section must include a behind-the-wheel road
test. Before conducting a behind-the-wheel road test for an applicant seeking a
vehicle group designation, including any upgrade to a vehicle group
designation, or for any indorsement endorsement required to operate a commercial motor
vehicle, the examiner shall determine that the applicant was issued his or her the
applicant's commercial learner's permit not less than 14 days before the
date of that test and that he or she the applicant has that permit in his or her the applicant's possession.
(7) A person who
corrupts or attempts to corrupt a designated examining officer appointed or
designated by the secretary of state under this section or section 310e by
giving, offering, or promising any gift or gratuity with the intent to
influence the opinion or decision of the examining officer conducting the test
is guilty of a felony.
(8) A designated
examining officer appointed or designated by the secretary of state who
conducts a driving skills test under an agreement entered into under this
section or section 310e and who varies from, shortens, or in any other way
changes the method or examination criteria prescribed in that agreement in
conducting a driving skills test is guilty of a felony.
(9) A person who
forges, counterfeits, or alters a satisfactorily completed driving skills test
certification issued by a designated examining officer appointed or designated
by the secretary of state under this section or section 310e is guilty of a felony.
(10) The secretary
of state shall waive the requirement of a written knowledge test, road sign
test, and driving skills test of an applicant for an original motorcycle
endorsement if the person has successfully passed a motorcycle safety course
approved by the department as described in sections 811a and 811b.
(11) An operator's or chauffeur's license that expires on or
after March 1, 2020 is valid until March 31, 2021. An operator's or chauffeur's
license that expires after March 31, 2021 but before August 1, 2021 is valid
until 120 days after the date of the expiration.Beginning January 1, 2027, before issuing an operator's
license to an applicant, the secretary of state shall verify that that
applicant has completed a work zone safety course that meets the requirements
of section 309a. The secretary of state shall waive this requirement if the
applicant is the holder of a valid, unrevoked operator's or chauffeur's license
issued by another state or country.
Sec. 309a. (1) Beginning
January 1, 2027, in addition to the requirements under this act, all applicants
for an operator's license must complete a work zone safety education course
that is approved by the department and meets the following requirements:
(a) The work zone safety education course was developed in conjunction
with the department of transportation for this state.
(b) The work zone safety education course consists of not less than 30
minutes of education delivered through either of the following formats:
(i) An online format approved by the department.
(ii) In-person instruction as part of a driver education
course under the driver education provider and instructor act, 2006 PA 384, MCL
256.621 to 256.705.
(c) The
work zone safety education course must include, but is not limited to, the
following topics:
(i) Instruction on identifying and navigating highway
construction and maintenance zones.
(ii) Education on the safety precautions necessary to protect
both drivers and workers in work zones.
(iii) Information on the legal requirements and penalties
associated with traffic violations in work zones.
(iv) Strategies for safe driving behavior in the presence of
construction equipment and personnel.
(2)
Successful completion of the work zone safety education course described in
subsection (1) must be documented and submitted to the department prior to the
issuance of an operator's license to an applicant.
(3) The
department shall develop and maintain a standardized curriculum for the work
zone safety education course across all delivery methods.
(4) The
department may collaborate with the department of transportation of this state,
law enforcement agencies, and other stakeholders to update and enhance the
course content regularly.
(5) The
work zone safety education course must be provided to participants in a driver
education course authorized under the driver education provider and instructor
act, 2006 PA 384, MCL 256.621 to 256.705, at no additional cost to the
participants.
Sec. 310e. (1) Except as otherwise
provided in this act, an operator's or chauffeur's license issued to a person an individual who
is 17 years of age or less shall must be in a form as prescribed in section 310, and
valid only upon on the
issuance of a graduated driver license.
(2) The secretary
of state shall designate graduated licensing provisions in a manner that
clearly indicates that the person individual is subject to the appropriate provisions
described in this section.
(3) Except as
otherwise provided in section 303, a person an individual who is not less than 14 years and 9
months of age may be issued a level 1 graduated licensing status to operate a
motor vehicle if the person individual has satisfied all of the following
conditions:
(a) Passed a vision
test and met health standards as prescribed by the secretary of state.
(b) Successfully completed
segment 1 of a driver education course as that term is defined in section 7 of
the driver education provider and instructor act, 2006 PA 384, MCL 256.627,
including a minimum of 6 hours of on-the-road driving time with the instructor.
(c) Received
written approval of a parent or legal guardian.
(4) A person An individual issued
a level 1 graduated licensing status may operate a motor vehicle only when
accompanied either by a licensed parent or legal guardian or, with the
permission of the parent or legal guardian, a licensed driver 21 years of age
or older. Except as otherwise provided in this section, a person an individual is
restricted to operating a motor vehicle with a level 1 graduated licensing
status for not less than 6 months.
(5) A person An individual may
be issued a level 2 graduated licensing status to operate a motor vehicle if
the person individual
has satisfied all of the following conditions:
(a) Had a level 1
graduated licensing status for not less than 6 months.
(b) Successfully completed
segment 2 of a driver education course as that term is defined in section 7 of
the driver education provider and instructor act, 2006 PA 384, MCL 256.627.
(c) Not incurred a
moving violation resulting in a conviction or civil infraction determination or
been involved in an accident for which the official police report indicates a
moving violation on the part of the person individual during the 90-day period immediately
preceding application.
(d) Presented a
certification by the parent or guardian that the person,
individual, accompanied by his or her the individual's
licensed parent or legal guardian or, with the permission of the parent
or legal guardian, any licensed driver 21 years of age or older, has
accumulated a total of not less than 50 hours of behind-the-wheel experience
including, except as otherwise provided in this subdivision, not less than 10
nighttime hours. The nighttime hours requirement does not apply to a person an individual who
has been issued a graduated driver license that permits daylight driving only
as provided in R 257.3 of the Michigan Administrative Code.
(e) Successfully
completed a secretary of state approved driving
skills test approved by the secretary of state.
The secretary of state may enter into an agreement with another public or
private corporation or agency to conduct this driving skills test. Before the
secretary of state authorizes a person an individual to administer a corporation's or
agency's driver skills testing operations or authorizes an examiner to conduct
a driving skills test, that person individual or examiner must complete both a state and
Federal Bureau of Investigation fingerprint based criminal history check
through the department of state police. This subdivision applies to a person an individual 16
years of age or over only if the person individual has satisfied subdivisions (a), (b), (c),
and (d).
(f) Successfully completed a work zone safety course that meets the
requirements of section 309a. The secretary of state must have received
verification, in a form and manner determined by the department, that the
individual has completed the work zone safety course prior to issuing a level 2
graduated licensing status.
(6) A person An individual issued
a level 2 graduated licensing status under subsection (5) shall remain at level
2 for not less than 6 months. A person An individual issued a level 2 graduated licensing
status under subsection (5) shall not operate a vehicle under the following
circumstances:
(a) Between the
hours of 10 p.m. and 5 a.m. This subdivision does not apply if either of the
following applies:
(i) The person individual is accompanied by a parent or legal
guardian or a licensed driver 21 years of age or older designated by the parent
or legal guardian.
(ii) The person individual is operating the vehicle in the course of his or her the
individual's employment or while going to or from employment or while
going to or from an authorized activity.
(b) With more than
1 passenger in the vehicle who is less than 21 years of age. This subdivision
does not apply if any of the following apply:
(i) The person individual is accompanied by a parent or legal
guardian or a licensed driver 21 years of age or older designated by the parent
or legal guardian.
(ii) Any additional passengers who are less
than 21 years of age are members of his or her the individual's immediate family.
(iii) The person individual is operating the vehicle in the course of his or her the individual's
employment or while going to or from employment or while going to or
from an authorized activity.
(7) The provisions
and provisional period described in subsection (4) or (6) shall must be
expanded or extended, or both, beyond the periods described in subsection (4)
or (6) if any of the following occur and are recorded on the licensee's driving
record during the provisional periods described in subsection (4) or (6) or any
additional periods imposed under this subsection:
(a) A moving
violation resulting in a conviction, civil infraction determination, or probate
court disposition.
(b) An accident for
which the official police report indicates a moving violation on the part of
the licensee.
(c) A license
suspension for a reason other than a mental or physical disability.
(d) A violation of
subsection (4) or (6).
(8) The provisional
period described in subsection (4) shall must be extended under subsection (7) until the
licensee completes 90 consecutive days without a moving violation, an accident
in which a moving violation resulted, suspension, or provisional period
violation listed in subsection (7), or until age 18, whichever occurs first.
The provisional period described in subsection (6) shall
must be extended under subsection (7)
until the licensee completes 12 consecutive months without a moving violation,
suspension, or restricted period violation listed in subsection (7) or until
age 18, whichever occurs first.
(9) A person An individual who
is not less than 17 years of age may be issued a level 3 graduated licensing
status under this subsection if the person individual has completed 12 consecutive months
without a moving violation, an accident in which a moving violation resulted,
suspension, or restricted period violation listed in subsection (7) while the person individual was
issued a level 2 graduated licensing status under subsection (5).
(10) Notice shall must be
given by first-class mail to the last known address of a licensee if the
provisions are expanded or extended as described in subsection (7).
(11) A person An individual who
violates subsection (4) or (6) is responsible for a civil infraction.
(12) If a person an individual is
determined responsible for a violation of subsection (4) or (6), the secretary
of state shall send written notification of any conviction or moving violation
to a designated parent or guardian of the person.individual.
(13) For purposes
of this section:
(a) Upon On conviction
for a moving violation, the date of the arrest for the violation shall must be used
in determining whether the conviction occurred within a provisional licensure
period under this section.
(b) Upon On entry of a
civil infraction determination for a moving violation, the date of issuance of
a citation for a civil infraction shall must be used in determining whether the civil
infraction determination occurred within a provisional licensure period under
this section.
(c) The date of the
official police report shall must be used in determining whether a licensee was
driving a motor vehicle involved in an accident for which the official police
report indicates a moving violation on the part of the licensee or indicates
the licensee had been drinking alcoholic liquor.
(14) A person An individual shall
have his or her the
individual's graduated licensing status in his
or her the individual's immediate
possession at all times when operating a motor vehicle, and shall display the
card upon on demand
of a police officer. A person An individual who violates this subsection is
responsible for a civil infraction.
(15) As used in
this section, "authorized
activity" means any of the following:
(a) A school or a
school-sanctioned event or activity. For purposes of this subdivision, school
means a public or private school, including a home school.
(b) A sporting
event or activity, or extracurricular event or activity, that is not
school-sanctioned but that is part of an official sports league or association
or an official extracurricular club, or that is paid for as a service offered
by a business specializing in those events or activities or training for those
events or activities.
(c) A class or
program of vocational instruction offered by a college, community college,
nonprofit association, or unit of government or by a business specializing in
vocational training.
(d) An event or
activity sponsored by a religious organization that is tax-exempt under federal
law.
(e) Transporting an
individual in need of immediate emergency care or personal protection to a
health care professional, hospital, police station, domestic violence shelter,
or public safety location.
Enacting section 1.
This amendatory act does not take effect unless House Bill No. 5767 (request
no. H06076'26) of the 103rd Legislature is enacted into law.