SB-0495, As Passed Senate, September 28, 2011

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 495

 

 

 

 

 

 

 

 

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 57, 208b, 217a, 232, 301, 303, 306, 307,

 

307a, 312e, 312f, 312h, 314, 319b, 319d, 319f, 319g, 320a, 602b,

 

605, 732, 801, 801g, 802, 803b, 803r, 804, 806, 809, 811e, 811h,

 

and 907 (MCL 257.57, 257.208b, 257.217a, 257.232, 257.301,

 

257.303, 257.306, 257.307, 257.307a, 257.312e, 257.312f,

 

257.312h, 257.314, 257.319b, 257.319d, 257.319f, 257.319g,

 

257.320a, 257.602b, 257.605, 257.732, 257.801, 257.801g, 257.802,

 

257.803b, 257.803r, 257.804, 257.806, 257.809, 257.811e,

 

257.811h, and 257.907), sections 57 and 301 as amended by 1988 PA

 

346, sections 208b, 217a, 232, 801, 802, 803b, 803r, 804, 806,

 

809, and 811h as amended by 2009 PA 99, section 303 as amended by

 

2010 PA 155, sections 306, 307a, 312e, 312f, 319f, and 319g as

 

amended by 2006 PA 298, section 307 as amended by 2008 PA 36,

 

section 312h as amended by 2003 PA 152, section 314 as amended by

 

2008 PA 7, section 319b as amended by 2008 PA 463, section 319d


 

as amended by 1996 PA 404, section 320a as amended by 2010 PA 58,

 

section 602b as added by 2010 PA 60, section 605 as amended by

 

2000 PA 97, sections 732 and 907 as amended by 2010 PA 59,

 

section 801g as amended by 1992 PA 29, and section 811e as

 

amended by 2011 PA 66, and by adding section 36b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 36b. "Out-of-service" means a declaration by an

 

 2  authorized enforcement officer of a state, a local unit of

 

 3  government of a state, the United States, Canada, or the United

 

 4  Mexican States that an operator, a commercial motor vehicle, or a

 

 5  motor carrier operation is out-of-service under 49 CFR 386.72,

 

 6  392.5, 395.13, or 396.9, or a substantially similar law or

 

 7  ordinance, or the North American uniform out-of-service criteria.

 

 8        Sec. 57. "School bus" means every motor vehicle, except

 

 9  station wagons, with a manufacturers' rated seating capacity of

 

10  16 or more passengers, including the driver, owned by a public,

 

11  private, or governmental agency and operated for the

 

12  transportation of children to or from school, or privately owned

 

13  and operated for compensation for the transportation of children

 

14  to or from school. School bus does not include buses operated by

 

15  a municipally owned transportation system or by a common

 

16  passenger carrier certificated by the state transportation

 

17  department.

 

18        Sec. 208b. (1) The secretary of state may provide a

 

19  commercial look-up service of records maintained under this act.

 

20  For each individual record looked up, the secretary of state

 

21  shall charge a fee specified annually by the legislature, or if


 

 1  the legislature does not specify a fee, a market-based price

 

 2  established by the secretary of state. The secretary of state

 

 3  shall process a commercial look-up request only if the request is

 

 4  in a form or format prescribed by the secretary of state. Fees

 

 5  collected under this subsection on and after October 1, 2005

 

 6  through October 1, 2011 2015 shall be credited to the

 

 7  transportation administration collection fund created in section

 

 8  810b.

 

 9        (2) A driver training school operator education provider

 

10  shall subscribe to the commercial look-up service maintained by

 

11  the secretary of state.

 

12        (3) A driver training school operator education provider

 

13  shall maintain on the its premises of the driver training school

 

14  the most current copy of all nonpersonal information related to

 

15  his or her driving record and the driving record of each

 

16  instructor employed by the driver training school operator

 

17  education provider for review by any prospective customer or the

 

18  parent or guardian of a prospective customer.

 

19        (4) A prospective customer or the parent or guardian of a

 

20  prospective customer may review a copy of all nonpersonal

 

21  information related to the driving record of the driver training

 

22  school operator education provider or an instructor employed by

 

23  the driver training school operator.education provider.

 

24        (5) A driver training school operator education provider

 

25  shall include in its contract with each client, as prescribed by

 

26  the secretary of state, a notice that nonpersonal information

 

27  related to the driving record of each individual instructor is


 

 1  available for review by the general public. A driver training

 

 2  school operator that education provider who fails to include the

 

 3  information required by this subsection is subject to a fine of

 

 4  not more than $500.00.

 

 5        (6) Each limo carrier of passengers shall subscribe to the

 

 6  commercial look-up service maintained by the secretary of state.

 

 7        (7) A person who drives a limousine for hire for a limo

 

 8  carrier of passengers shall maintain a most current copy of all

 

 9  nonpersonal information related to the person's driving record in

 

10  the limousine available for review by any prospective passenger.

 

11        (8) A prospective passenger may review a copy of all

 

12  nonpersonal information related to the driving record of the

 

13  driver of a limousine from a limo carrier of passengers or from

 

14  the driver of the limousine.

 

15        (9) The secretary of state shall not provide an entire

 

16  computerized central file or other file of records maintained

 

17  under this act to a nongovernmental person or entity, unless the

 

18  person or entity pays the prescribed fee for each individual

 

19  record contained within the computerized file.

 

20        (10) A driver training school operator who fails to provide

 

21  the information required to be maintained by this section is

 

22  subject to a fine of not more than $500.00. Each failure to

 

23  provide information constitutes a separate offense.

 

24        (11) A limo carrier of passengers who fails to provide the

 

25  information required to be maintained by this section is subject

 

26  to a fine of not more than $500.00. Each failure to provide

 

27  information constitutes a separate offense.


 

 1        (12) The driver of a limousine who fails to provide the

 

 2  information required by this section is subject to a fine of not

 

 3  more than $500.00. Each failure to provide information

 

 4  constitutes a separate offense.

 

 5        (13) As used in this section:

 

 6        (a) "Driver training school operator" education provider"

 

 7  means a person licensed to operate a driver training school under

 

 8  part 2 of former 1974 PA 369.that term as defined in section 5 of

 

 9  the driver education provider and instructor act, 2006 PA 384,

 

10  MCL 256.625.

 

11        (b) "Limo carrier of passengers" and "limousine" mean those

 

12  terms as defined in section 3 of the limousine transportation

 

13  act, 1990 PA 271, MCL 257.1903.

 

14        Sec. 217a. (1) A person who holds an unexpired technician,

 

15  general, conditional, advanced, or extra class amateur radio

 

16  license issued by the federal communications commission may make

 

17  application directly to the secretary of state for a registration

 

18  plate inscribed with the official amateur radio call letters of

 

19  the applicant as assigned by the federal communications

 

20  commission.

 

21        (2) The applicant shall prove to the satisfaction of the

 

22  secretary of state that the applicant holds an unexpired amateur

 

23  radio license. In addition to the regular registration fee, the

 

24  applicant shall pay a service fee of $2.00. The $2.00 fee shall

 

25  be credited to the transportation administration collection fund

 

26  created under section 810b through October 1, 2011. 2015. A

 

27  registration plate may be issued under this section for a motor


 

 1  vehicle which that bears a registration issued pursuant to taxed

 

 2  under section 801(1)(a) and or (q).

 

 3        (3) If a registration plate issued under this section is

 

 4  used on a vehicle other than the vehicle for which the

 

 5  registration plate was issued, the owner of the registration

 

 6  plate is guilty of a misdemeanor and the registration plate shall

 

 7  be surrendered to the secretary of state. A holder of a

 

 8  registration plate whose amateur radio license is not in full

 

 9  force and effect immediately shall surrender the call letter

 

10  registration plate issued under this section to the secretary of

 

11  state and obtain a regular registration plate.

 

12        (4) An application for a registration plate issued under

 

13  this section shall be submitted to the secretary of state

 

14  pursuant to under section 217. The expiration date for plates

 

15  issued under this section shall be the date determined pursuant

 

16  to under section 226.

 

17        Sec. 232. (1) Upon request, the secretary of state may

 

18  furnish a list of information from the records of the department

 

19  maintained under this act to a federal, state, or local

 

20  governmental agency for use in carrying out the agency's

 

21  functions, or to a private person or entity acting on behalf of a

 

22  governmental agency for use in carrying out the agency's

 

23  functions. The secretary of state may charge the requesting

 

24  agency a preparation fee to cover the cost of preparing and

 

25  furnishing a list provided under this subsection if the cost of

 

26  preparation exceeds $25.00, and use the revenues received from

 

27  the service to defray necessary expenses. If the secretary of


 

 1  state sells a list of information under this subsection to a

 

 2  member of the state legislature, the secretary of state shall

 

 3  charge the same fee as the fee for the sale of information under

 

 4  subsection (2) unless the list of information is requested by the

 

 5  member of the legislature to carry out a legislative function.

 

 6  The secretary of state may require the requesting agency to

 

 7  furnish 1 or more blank computer tapes, cartridges, or other

 

 8  electronic media and may require the agency to execute a written

 

 9  memorandum of agreement as a condition of obtaining a list of

 

10  information under this subsection.

 

11        (2) The secretary of state may contract for the sale of

 

12  lists of driver and motor vehicle records and other records

 

13  maintained under this act in bulk, in addition to those lists

 

14  distributed at cost or at no cost under this section for purposes

 

15  permitted by and described in section 208c(3). The secretary of

 

16  state shall require each purchaser of records in bulk to execute

 

17  a written purchase contract. The secretary of state shall fix a

 

18  market-based price for the sale of such lists or other records

 

19  maintained in bulk, which may include personal information. The

 

20  proceeds from each sale made under this subsection on and after

 

21  October 1, 2005 through October 1, 2011 2015 shall be credited to

 

22  the transportation administration collection fund created in

 

23  section 810b.

 

24        (3) The secretary of state or any other state agency shall

 

25  not sell or furnish any list of information under subsection (2)

 

26  for the purpose of surveys, marketing, and or solicitations. The

 

27  secretary of state shall ensure that personal information


 

 1  disclosed in bulk will be used, rented, or sold solely for uses

 

 2  permitted under this act.

 

 3        (4) The secretary of state may insert any safeguard the

 

 4  secretary considers reasonable or necessary, including a bond

 

 5  requirement, in a memorandum of agreement or purchase contract

 

 6  executed under this section, to ensure that the information

 

 7  provided or sold is used only for a permissible purpose and that

 

 8  the rights of individuals and of the department are protected.

 

 9        (5) An authorized recipient of personal information

 

10  disclosed under this section who resells or rediscloses the

 

11  information for any of the purposes permitted by and described in

 

12  section 208c(3) shall do both of the following:

 

13        (a) Make and keep for a period of not less than 5 years

 

14  records identifying each person who received personal information

 

15  from the authorized recipient and the permitted purpose for which

 

16  it was obtained.

 

17        (b) Allow a representative of the secretary of state, upon

 

18  request, to inspect and copy records identifying each person who

 

19  received personal information from the authorized recipient and

 

20  the permitted purpose for which it was obtained.

 

21        (6) The secretary of state shall not disclose a list based

 

22  on driving behavior or sanctions to a nongovernmental agency,

 

23  including an individual.

 

24        Sec. 301. (1) Except as provided in this act, a person shall

 

25  not drive a motor vehicle upon a highway in this state unless

 

26  that person has a valid operator's or chauffeur's license with

 

27  the appropriate group designation and indorsements for the type


 

 1  or class of vehicle being driven or towed. A resident of this

 

 2  state holding a commercial driver's license group indorsement

 

 3  issued by another state shall apply for a license transfer within

 

 4  30 days after establishing domicile in this state.

 

 5        (2) A person shall not receive a license to operate a motor

 

 6  vehicle until that person surrenders to the secretary of state

 

 7  all valid licenses to operate a motor vehicle issued to that

 

 8  person by this or any state or certifies that he or she does not

 

 9  possess a valid license. The secretary of state shall notify the

 

10  issuing state that the licensee is now licensed in this state.

 

11        (3) A person shall not have more than 1 valid driver's

 

12  license.

 

13        (4) A person shall not drive a motor vehicle as a chauffeur

 

14  unless that person holds a valid chauffeur's license. A person

 

15  shall not receive a chauffeur's license until that person

 

16  surrenders to the secretary of state a valid operator's or

 

17  chauffeur's license issued to that person by this or any state or

 

18  certifies that he or she does not possess a valid license.

 

19        (5) A person holding a valid chauffeur's license need not

 

20  procure an operator's license.

 

21        Sec. 303. (1) The secretary of state shall not issue a

 

22  license under this act to any of the following persons:

 

23        (a) A person, as an operator, who is less than 18 years of

 

24  age, except as otherwise provided in this act.

 

25        (b) A person, as a chauffeur, who is less than 18 years of

 

26  age, except as otherwise provided in this act.

 

27        (c) A person whose license is suspended, revoked, denied, or


 

 1  canceled in any state. If the suspension, revocation, denial, or

 

 2  cancellation is not from the jurisdiction that issued the last

 

 3  license to the person, the secretary of state may issue a license

 

 4  after the expiration of 5 years from the effective date of the

 

 5  most recent suspension, revocation, denial, or cancellation.

 

 6        (d) A person who in the opinion of the secretary of state is

 

 7  afflicted with or suffering from a physical or mental disability

 

 8  or disease preventing that person from exercising reasonable and

 

 9  ordinary control over a motor vehicle while operating the motor

 

10  vehicle upon the highways.

 

11        (e) A person who is unable to understand highway warning or

 

12  direction signs in the English language.

 

13        (f) A person who is unable to pass a knowledge, skill, or

 

14  ability test administered by the secretary of state in connection

 

15  with the issuance of an original operator's or chauffeur's

 

16  license, original motorcycle indorsement, or an original or

 

17  renewal of a vehicle group designation or vehicle indorsement.

 

18        (g) A person who has been convicted of, has received a

 

19  juvenile disposition for, or has been determined responsible for

 

20  2 or more moving violations under a law of this state, a local

 

21  ordinance substantially corresponding to a law of this state, or

 

22  a law of another state substantially corresponding to a law of

 

23  this state within the preceding 3 years, if the violations

 

24  occurred before issuance of an original license to the person in

 

25  this state, another state, or another country.

 

26        (h) A nonresident, including, but not limited to, a foreign

 

27  exchange student.


 

 1        (i) A person who has failed to answer a citation or notice

 

 2  to appear in court or for any matter pending or fails to comply

 

 3  with an order or judgment of the court, including, but not

 

 4  limited to, paying all fines, costs, fees, and assessments, in

 

 5  violation of section 321a, until that person answers the citation

 

 6  or notice to appear in court or for any matter pending or

 

 7  complies with an order or judgment of the court, including, but

 

 8  not limited to, paying all fines, costs, fees, and assessments,

 

 9  as provided under section 321a.

 

10        (j) A person not licensed under this act who has been

 

11  convicted of, has received a juvenile disposition for, or has

 

12  been determined responsible for a crime or civil infraction

 

13  described in section 319, 324, or 904. A person shall be denied a

 

14  license under this subdivision for the length of time

 

15  corresponding to the period of the licensing sanction that would

 

16  have been imposed under section 319, 324, or 904 if the person

 

17  had been licensed at the time of the violation.

 

18        (k) A person not licensed under this act who has been

 

19  convicted of or received a juvenile disposition for committing a

 

20  crime described in section 319e. A person shall be denied a

 

21  license under this subdivision for the length of time that

 

22  corresponds to the period of the licensing sanction that would

 

23  have been imposed under section 319e if the person had been

 

24  licensed at the time of the violation.

 

25        (l) A person not licensed under this act who is determined to

 

26  have violated section 33b(1) of former 1933 (Ex Sess) PA 8,

 

27  section 703(1) of the Michigan liquor control code of 1998, 1998


 

 1  PA 58, MCL 436.1703, or section 624a or 624b. The person shall be

 

 2  denied a license under this subdivision for a period of time that

 

 3  corresponds to the period of the licensing sanction that would

 

 4  have been imposed under those sections had the person been

 

 5  licensed at the time of the violation.

 

 6        (m) A person whose commercial driver license application is

 

 7  canceled under section 324(2).

 

 8        (n) Unless otherwise eligible under section 307(1), a person

 

 9  who is not a citizen of the United States.

 

10        (2) Upon receiving the appropriate records of conviction,

 

11  the secretary of state shall revoke the operator's or chauffeur's

 

12  license of a person and deny issuance of an operator's or

 

13  chauffeur's license to a person having any of the following,

 

14  whether under a law of this state, a local ordinance

 

15  substantially corresponding to a law of this state, a law of

 

16  another state substantially corresponding to a law of this state,

 

17  or, beginning October 31, 2010, a law of the United States

 

18  substantially corresponding to a law of this state:

 

19        (a) Any combination of 2 convictions within 7 years for

 

20  reckless driving in violation of section 626 before October 31,

 

21  2010 or, beginning October 31, 2010, 626(2).

 

22        (b) Any combination of 2 or more convictions within 7 years

 

23  for any of the following:

 

24        (i) A felony in which a motor vehicle was used.

 

25        (ii) A violation or attempted violation of section 601b(2) or

 

26  (3), section 601c(1) or (2), section 602a(4) or (5), section 617,

 

27  section 653a(3) or (4), or section 904(4) or (5).


 

 1        (iii) Negligent homicide, manslaughter, or murder resulting

 

 2  from the operation of a vehicle or an attempt to commit any of

 

 3  those crimes.

 

 4        (iv) A violation or attempted violation of section 479a(4) or

 

 5  (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.

 

 6        (c) Any combination of 2 convictions within 7 years for any

 

 7  of the following or a combination of 1 conviction for a violation

 

 8  or attempted violation of section 625(6) and 1 conviction for any

 

 9  of the following within 7 years:

 

10        (i) A violation or attempted violation of section 625, except

 

11  a violation of section 625(2), or a violation of any prior

 

12  enactment of section 625 in which the defendant operated a

 

13  vehicle while under the influence of intoxicating or alcoholic

 

14  liquor or a controlled substance, or a combination of

 

15  intoxicating or alcoholic liquor and a controlled substance, or

 

16  while visibly impaired, or with an unlawful bodily alcohol

 

17  content.

 

18        (ii) A violation or attempted violation of section 625m.

 

19        (iii) A violation or attempted violation of former section

 

20  625b.

 

21        (d) One conviction for a violation or attempted violation of

 

22  section 315(5), section 601b(3), section 601c(2), section 602a(4)

 

23  or (5), section 617, section 625(4) or (5), section 653a(4),

 

24  section 904(4) or (5), or, beginning October 31, 2010, section

 

25  626(3) or (4).

 

26        (e) One conviction of negligent homicide, manslaughter, or

 

27  murder resulting from the operation of a vehicle or an attempt to


 

 1  commit any of those crimes.

 

 2        (f) One conviction for a violation or attempted violation of

 

 3  section 479a(4) or (5) of the Michigan penal code, 1931 PA 328,

 

 4  MCL 750.479a.

 

 5        (g) Any combination of 3 convictions within 10 years for any

 

 6  of the following or 1 conviction for a violation or attempted

 

 7  violation of section 625(6) and any combination of 2 convictions

 

 8  for any of the following within 10 years, if any of the

 

 9  convictions resulted from an arrest on or after January 1, 1992:

 

10        (i) A violation or attempted violation of section 625, except

 

11  a violation of section 625(2), or a violation of any prior

 

12  enactment of section 625 in which the defendant operated a

 

13  vehicle while under the influence of intoxicating or alcoholic

 

14  liquor or a controlled substance, or a combination of

 

15  intoxicating or alcoholic liquor and a controlled substance, or

 

16  while visibly impaired, or with an unlawful bodily alcohol

 

17  content.

 

18        (ii) A violation or attempted violation of section 625m.

 

19        (iii) A violation or attempted violation of former section

 

20  625b.

 

21        (3) The secretary of state shall revoke a license under

 

22  subsection (2) notwithstanding a court order unless the court

 

23  order complies with section 323.

 

24        (4) Except as otherwise provided under section 304, the

 

25  secretary of state shall not issue a license under this act to a

 

26  person whose license has been revoked under this act or revoked

 

27  and denied under subsection (2) until all of the following occur,


 

 1  as applicable:

 

 2        (a) The later of the following:

 

 3        (i) The expiration of not less than 1 year after the license

 

 4  was revoked or denied.

 

 5        (ii) The expiration of not less than 5 years after the date

 

 6  of a subsequent revocation or denial occurring within 7 years

 

 7  after the date of any prior revocation or denial.

 

 8        (b) For a denial under subsection (2)(a), (b), (c), and (g),

 

 9  the person rebuts by clear and convincing evidence the

 

10  presumption resulting from the prima facie evidence that he or

 

11  she is a habitual offender. The convictions that resulted in the

 

12  revocation and denial constitute prima facie evidence that he or

 

13  she is a habitual offender.

 

14        (c) The person meets the requirements of the department.

 

15        (5) The secretary of state may deny issuance of an

 

16  operator's license as follows:

 

17        (a) Until the age of 17, to a person not licensed under this

 

18  act who was convicted of or received a juvenile disposition for

 

19  violating or attempting to violate section 411a(2) of the

 

20  Michigan penal code, 1931 PA 328, MCL 750.411a, involving a

 

21  school when he or she was less than 14 years of age. A person not

 

22  issued a license under this subdivision is not eligible to begin

 

23  graduated licensing training until he or she attains 16 years of

 

24  age.

 

25        (b) To a person less than 21 years of age not licensed under

 

26  this act who was convicted of or received a juvenile disposition

 

27  for violating or attempting to violate section 411a(2) of the


 

 1  Michigan penal code, 1931 PA 328, MCL 750.411a, involving a

 

 2  school when he or she was 14 years of age or older, until 3 years

 

 3  after the date of the conviction or juvenile disposition. A

 

 4  person not issued a license under this subdivision is not

 

 5  eligible to begin graduated licensing training or otherwise

 

 6  obtain an original operator's or chauffeur's license until 3

 

 7  years after the date of the conviction or juvenile disposition.

 

 8        (6) The secretary of state shall deny issuance of a vehicle

 

 9  group designation to a person if the under either of the

 

10  following circumstances:

 

11        (a) The person has been disqualified by the United States

 

12  secretary of transportation from operating a commercial motor

 

13  vehicle.

 

14        (b) Beginning on and after January 30, 2012, the person does

 

15  not meet the requirements of the federal regulations under parts

 

16  383 and 391 by refusing to certify the type of commercial motor

 

17  vehicle operation the person intends to perform and, if required,

 

18  fails to present to the secretary of state a valid medical

 

19  certification.

 

20        (7) Multiple convictions or civil infraction determinations

 

21  resulting from the same incident shall be treated as a single

 

22  violation for purposes of denial or revocation of a license under

 

23  this section.

 

24        (8) As used in this section, "felony in which a motor

 

25  vehicle was used" means a felony during the commission of which

 

26  the person operated a motor vehicle and while operating the

 

27  vehicle presented real or potential harm to persons or property


 

 1  and 1 or more of the following circumstances existed:

 

 2        (a) The vehicle was used as an instrument of the felony.

 

 3        (b) The vehicle was used to transport a victim of the

 

 4  felony.

 

 5        (c) The vehicle was used to flee the scene of the felony.

 

 6        (d) The vehicle was necessary for the commission of the

 

 7  felony.

 

 8        Sec. 306. (1) The secretary of state, upon receiving an

 

 9  application for a temporary instruction permit from a person who

 

10  is 18 years of age or older, may issue that permit entitling the

 

11  applicant, while carrying the permit, to drive a motor vehicle

 

12  other than a motor vehicle requiring an indorsement under section

 

13  312a or a vehicle group designation under section 312e upon the

 

14  highways for a period of 180 days when accompanied by a licensed

 

15  adult operator or chauffeur who is actually occupying a seat

 

16  beside the driver.

 

17        (2) The secretary of state may issue an original operator's

 

18  license and designate level 1, 2, or 3 graduated licensing

 

19  provisions to a person who is less than 18 years of age, has been

 

20  licensed in another state or country, and has satisfied the

 

21  applicable requirements of section 310e.

 

22        (3) A student enrolled in a driver education course as that

 

23  term is defined in section 1 of the driver education and training

 

24  schools act, 1974 PA 369, MCL 256.601 3 of the driver education

 

25  provider and instructor act, 2006 PA 384, MCL 256.623, or a

 

26  motorcycle safety course approved by the department of state may

 

27  operate a motor vehicle without holding an operator's license or


 

 1  permit while under the direct supervision of the program

 

 2  instructor.

 

 3        (4) A student enrolled in a driver education course as that

 

 4  term is defined in section 1 of the driver education and training

 

 5  schools act, 1974 PA 369, MCL 256.601 3 of the driver education

 

 6  provider and instructor act, 2006 PA 384, MCL 256.623, and who

 

 7  has successfully completed 10 hours of classroom instruction and

 

 8  the equivalent of 2 hours of behind-the-wheel training may be

 

 9  issued a temporary driver education certificate furnished by the

 

10  department of state that authorizes a student to drive a motor

 

11  vehicle, other than a motor vehicle requiring an indorsement

 

12  pursuant to section 312a or a vehicle group designation pursuant

 

13  to section 312e, when accompanied by a licensed parent or

 

14  guardian, or when accompanied by a nonlicensed parent or guardian

 

15  and a licensed adult for the purpose of receiving additional

 

16  instruction until the end of the student's driver education

 

17  course.

 

18        (5) The secretary of state, upon receiving proper

 

19  application from a person 16 or 17 years of age who is enrolled

 

20  in or has successfully completed an approved motorcycle safety

 

21  course under section 811a, or a person who is 18 years of age or

 

22  older and who holds a valid operator's or chauffeur's license,

 

23  may issue a motorcycle temporary instruction permit entitling the

 

24  applicant, while carrying the permit, to operate a motorcycle

 

25  upon the public streets and highways for a period of 180 days,

 

26  but only when under the constant visual supervision of a licensed

 

27  motorcycle operator at least 18 years of age. The applicant shall


 

 1  not operate the motorcycle at night or with a passenger.

 

 2        (6) Except as prohibited under federal law, the secretary of

 

 3  state, upon receiving proper application from a person who is 18

 

 4  years of age or older, who holds a valid operator's or

 

 5  chauffeur's license other than a restricted license, and who has

 

 6  passed the knowledge test for an original vehicle group

 

 7  designation or indorsement, and, if the person is applying for a

 

 8  hazardous material indorsement, the person has been approved for

 

 9  the hazardous materials indorsement by the transportation

 

10  security administration, may issue a temporary instruction permit

 

11  entitling the person, while carrying the permit, to drive a

 

12  vehicle requiring a vehicle group designation or vehicle group

 

13  indorsement under section 312e upon the streets and highways for

 

14  a period of 180 days, but only when accompanied by a licensed

 

15  adult operator or chauffeur who is licensed with the appropriate

 

16  vehicle group designation and indorsement for the vehicle group

 

17  being driven and who is actually occupying a seat beside the

 

18  driver, or behind the driver if the permittee is driving a bus or

 

19  school bus. In addition, if a permittee is enrolled in a driver

 

20  training program for drivers of motor vehicles requiring a

 

21  vehicle group designation or vehicle group indorsement under

 

22  section 312e, which program is conducted by a college, a

 

23  university, a school licensed by the department under the driver

 

24  education and training schools provider and instructor act, 1974

 

25  PA 369, MCL 256.601 to 256.612 2006 PA 384, MCL 256.621 to

 

26  256.705, or a local or intermediate school district, the

 

27  permittee may drive a vehicle requiring a vehicle group


 

 1  designation or vehicle group indorsement on the streets and

 

 2  highways of this state for a period of 180 days when accompanied

 

 3  by an instructor licensed with the appropriate vehicle group

 

 4  designation and indorsement for the vehicle being driven who is

 

 5  either occupying the seat beside the driver or in direct visual

 

 6  and audio communication with the permittee. A person issued a

 

 7  temporary instruction permit under this section shall not operate

 

 8  a vehicle designed to carry 16 or more passengers that is

 

 9  transporting passengers except with an instructor licensed with

 

10  the appropriate vehicle group designation and indorsement for the

 

11  vehicle being driven or a driver skills test examiner.

 

12        Sec. 307. (1) If an applicant for an operator's license or

 

13  chauffeur's license is a citizen of the United States, the

 

14  applicant shall supply a photographic identity document, a birth

 

15  certificate, or other sufficient documents as the secretary of

 

16  state may require to verify the identity and citizenship of the

 

17  applicant. If an applicant for an operator's or chauffeur's

 

18  license is not a citizen of the United States, the applicant

 

19  shall supply a photographic identity document and other

 

20  sufficient documents to verify the identity of the applicant and

 

21  the applicant's legal presence in the United States under

 

22  subdivision (b). The documents required under this subsection

 

23  shall include the applicant's full legal name, date of birth, and

 

24  address and residency and demonstrate that the applicant is a

 

25  citizen of the United States or is legally present in the United

 

26  States. If the applicant's full legal name differs from the name

 

27  of the applicant that appears on a document presented under this


 

 1  subsection, the applicant shall present documents to verify his

 

 2  or her current full legal name. An application for an operator's

 

 3  or chauffeur's license shall be made in a manner prescribed by

 

 4  the secretary of state and shall contain all of the following:

 

 5        (a) The applicant's full legal name, date of birth,

 

 6  residence address, height, sex, eye color, signature, intent to

 

 7  make an anatomical gift, other information required or permitted

 

 8  on the license under this chapter, and, only to the extent

 

 9  required to comply with federal law, the applicant's social

 

10  security number. The applicant may provide a mailing address if

 

11  the applicant receives mail at an address different from his or

 

12  her residence address.

 

13        (b) If the applicant is not a citizen of the United States,

 

14  the applicant shall provide, and the department shall verify,

 

15  documents demonstrating his or her legal presence in the United

 

16  States. A person legally present in the United States includes,

 

17  but is not limited to, a person authorized by the United States

 

18  government for employment in the United States, a person with

 

19  nonimmigrant status authorized under federal law, and a person

 

20  who is the beneficiary of an approved immigrant visa petition or

 

21  an approved labor certification. Nothing in this act shall

 

22  obligate or be construed to obligate this state to comply with

 

23  title II of the real ID act of 2005, Public Law 109-13. The

 

24  secretary of state shall may adopt rules under the administrative

 

25  procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, as are

 

26  necessary for the administration of this subdivision. A

 

27  determination by the secretary of state that an applicant is not


 

 1  legally present in the United States may be appealed under

 

 2  section 631 of the revised judicature act of 1961, 1961 PA 236,

 

 3  MCL 600.631.

 

 4        (c) The following notice shall be included to inform the

 

 5  applicant that under sections 509o and 509r of the Michigan

 

 6  election law, 1954 PA 116, MCL 168.509o and 168.509r, the

 

 7  secretary of state is required to use the residence address

 

 8  provided on this application as the applicant's residence address

 

 9  on the qualified voter file for voter registration and voting:

 

 

10

 

"NOTICE: Michigan law requires that the same address

11

 

be used for voter registration and driver license

12

 

purposes. Therefore, if the residence address

13

 

you provide in this application differs from your

14

 

voter registration address as it appears on the

15

 

qualified voter file, the secretary of state

16

 

will automatically change your voter registration

17

 

to match the residence address on this application,

18

 

after which your voter registration at your former

19

 

address will no longer be valid for voting purposes.

20

 

A new voter registration card, containing the

21

 

information of your polling place, will be provided

22

 

to you by the clerk of the jurisdiction where your

23

 

residence address is located.".

 

 

24        (d) For an original or renewal operator's or chauffeur's

 

25  license with a vehicle group designation or indorsement, the

 

26  names of all states where the applicant has been licensed to

 

27  drive any type of motor vehicle during the previous 10 years.

 


 1        (e) For an operator's or chauffeur's license with a vehicle

 

 2  group designation or indorsement, the following certifications by

 

 3  the applicant:

 

 4        (i) The applicant meets the applicable federal driver

 

 5  qualification requirements under 49 CFR part parts 383 and 391 if

 

 6  the applicant operates or intends to operate in interstate

 

 7  commerce or meets the applicable qualifications of the department

 

 8  of state police under the motor carrier safety act of 1963, 1963

 

 9  PA 181, MCL 480.11 to 480.25, if the applicant operates or

 

10  intends to operate in intrastate commerce.

 

11        (ii) The vehicle in which the applicant will take the driving

 

12  skills tests is representative of the type of vehicle the

 

13  applicant operates or intends to operate.

 

14        (iii) The applicant is not subject to disqualification by the

 

15  United States secretary of transportation, or a suspension,

 

16  revocation, or cancellation under any state law for conviction of

 

17  an offense described in section 312f or 319b.

 

18        (iv) The applicant does not have a driver's license from more

 

19  than 1 state or jurisdiction.

 

20        (f) An applicant for an operator's or chauffeur's license

 

21  with a vehicle group designation and a hazardous material

 

22  indorsement shall provide his or her fingerprints as prescribed

 

23  by state and federal law.

 

24        (2) An applicant for an operator's or chauffeur's license

 

25  may have his or her image and signature captured or reproduced

 

26  when the application for the license is made. The secretary of

 

27  state shall acquire equipment purchased or leased under this

 


 1  section under standard purchasing procedures of the department of

 

 2  management and budget based on standards and specifications

 

 3  established by the secretary of state. The secretary of state

 

 4  shall not purchase or lease equipment until an appropriation for

 

 5  the equipment has been made by the legislature. A digital

 

 6  photographic image and signature captured under this section

 

 7  shall appear on the applicant's operator's license or chauffeur's

 

 8  license. A person's digital photographic image shall be used as

 

 9  follows:

 

10        (a) By a federal, state, or local governmental agency for a

 

11  law enforcement purpose authorized by law.

 

12        (b) By the secretary of state for a use specifically

 

13  authorized by law.

 

14        (c) By the secretary of state for forwarding to the

 

15  department of state police the images to of persons required to

 

16  be registered under the sex offenders registration act, 1994 PA

 

17  295, MCL 28.721 to 28.736, upon the department of state police

 

18  providing the secretary of state an updated list of the names of

 

19  those persons.

 

20        (d) As necessary to comply with a law of this state or of

 

21  the United States.

 

22        (3) An application shall contain a signature or verification

 

23  and certification by the applicant, as determined by the

 

24  secretary of state, and shall be accompanied by the proper fee.

 

25  The secretary of state shall collect the application fee with the

 

26  application. The secretary of state shall refund the application

 

27  fee to the applicant if the license applied for is denied, but

 


 1  shall not refund the fee to an applicant who fails to complete

 

 2  the examination requirements of the secretary of state within 90

 

 3  days after the date of application for a license.

 

 4        (4) In conjunction with the application for an operator's

 

 5  license or chauffeur's license, the secretary of state shall do

 

 6  all of the following:

 

 7        (a) Provide the applicant with all of the following:

 

 8        (i) Information explaining the applicant's right to make an

 

 9  anatomical gift in the event of death in accordance with section

 

10  310.

 

11        (ii) Information describing the anatomical gift donor

 

12  registry program under part 101 of the public health code, 1978

 

13  PA 368, MCL 333.10101 to 333.10123. The information required

 

14  under this subparagraph includes the address and telephone number

 

15  of Michigan's federally designated organ procurement organization

 

16  or its successor organization as defined in section 10102 of the

 

17  public health code, 1978 PA 368, MCL 333.10102.

 

18        (iii) Information giving the applicant the opportunity to be

 

19  placed on the donor registry described in subparagraph (ii).

 

20        (b) Provide the applicant with the opportunity to specify on

 

21  his or her operator's or chauffeur's license that he or she is

 

22  willing to make an anatomical gift in the event of death in

 

23  accordance with section 310.

 

24        (c) Inform the applicant that, if he or she indicates to the

 

25  secretary of state under this section a willingness to have his

 

26  or her name placed on the donor registry described in subdivision

 

27  (a)(ii), the secretary of state will mark the applicant's record

 


 1  for the donor registry.

 

 2        (d) Provide the applicant with the opportunity to make a

 

 3  donation of $1.00 or more to the organ and tissue donation

 

 4  education fund created under section 217o. A donation made under

 

 5  this subdivision shall be deposited in the state treasury to the

 

 6  credit of the organ and tissue donation education fund.

 

 7        (5) The secretary of state may fulfill the requirements of

 

 8  subsection (4) by 1 or more of the following methods:

 

 9        (a) Providing printed material enclosed with a mailed notice

 

10  for an operator's or chauffeur's license renewal or the issuance

 

11  of an operator's or chauffeur's license.

 

12        (b) Providing printed material to an applicant who

 

13  personally appears at a secretary of state branch office.

 

14        (c) Through electronic information transmittals for

 

15  operator's and chauffeur's licenses processed by electronic

 

16  means.

 

17        (6) The secretary of state shall maintain a record of an

 

18  individual who indicates a willingness to have his or her name

 

19  placed on the donor registry described in subsection (4)(a)(ii).

 

20  Information about an applicant's indication of a willingness to

 

21  have his or her name placed on the donor registry that is

 

22  obtained by the secretary of state under subsection (4) and

 

23  forwarded under subsection (14) is exempt from disclosure under

 

24  section 13(1)(d) of the freedom of information act, 1976 PA 442,

 

25  MCL 15.243.

 

26        (7) If an application is received from a person previously

 

27  licensed in another jurisdiction, the secretary of state shall

 


 1  request a copy of the applicant's driving record and other

 

 2  available information from the national driver register. When

 

 3  received, the driving record and other available information

 

 4  become a part of the driver's record in this state.

 

 5        (8) If an application is received for an original, renewal,

 

 6  or upgrade of a vehicle group designation or indorsement, the

 

 7  secretary of state shall request the person's complete driving

 

 8  record from all states where the applicant was previously

 

 9  licensed to drive any type of motor vehicle over the last 10

 

10  years before issuing a vehicle group designation or indorsement

 

11  to the applicant. If the applicant does not hold a valid

 

12  commercial motor vehicle driver license from a state where he or

 

13  she was licensed in the last 10 years, this complete driving

 

14  record request must be made not earlier than 24 hours before the

 

15  secretary of state issues the applicant a vehicle group

 

16  designation or indorsement. For all other drivers, this request

 

17  must be made not earlier than 10 days before the secretary of

 

18  state issues the applicant a vehicle group designation or

 

19  indorsement. The secretary of state shall also check the

 

20  applicant's driving record with the national driver register and

 

21  the federal commercial driver license information system before

 

22  issuing that group designation or indorsement. If the application

 

23  is for the renewal of a vehicle group designation or indorsement,

 

24  and if the secretary of state enters on the person's historical

 

25  driving record maintained under section 204a a notation that the

 

26  request was made and the date of the request, the secretary of

 

27  state is required to request the applicant's complete driving

 


 1  record from other states only once under this section.

 

 2        (9) Except for a vehicle group designation or indorsement or

 

 3  as provided in this subsection or section 314(5), the secretary

 

 4  of state may issue a renewal operator's or chauffeur's license

 

 5  for 1 additional 4-year period or until the person is no longer

 

 6  determined to be legally present under this section 307 by mail

 

 7  or by other methods prescribed by the secretary of state. The

 

 8  secretary of state may check the applicant's driving record

 

 9  through the national driver register and the commercial driver

 

10  license information system before issuing a license under this

 

11  section. The secretary of state shall issue a renewal license

 

12  only in person if the person is a person required under section

 

13  5a of the sex offenders registration act, 1994 PA 295, MCL

 

14  28.725a, to maintain a valid operator's or chauffeur's license or

 

15  official state personal identification card. If a license is

 

16  renewed by mail or by other method, the secretary of state shall

 

17  issue evidence of renewal to indicate the date the license

 

18  expires in the future. The department of state police shall

 

19  provide to the secretary of state updated lists of persons

 

20  required under section 5a of the sex offenders registration act,

 

21  1994 PA 295, MCL 28.725a, to maintain a valid operator's or

 

22  chauffeur's license or official state personal identification

 

23  card.

 

24        (10) Upon request, the secretary of state shall provide an

 

25  information manual to an applicant explaining how to obtain a

 

26  vehicle group designation or indorsement. The manual shall

 

27  contain the information required under 49 CFR part 383.

 


 1        (11) The secretary of state shall not disclose a social

 

 2  security number obtained under subsection (1) to another person

 

 3  except for use for 1 or more of the following purposes:

 

 4        (a) Compliance with 49 USC 31301 to 31317 and regulations

 

 5  and state law and rules related to this chapter.

 

 6        (b) To carry out the purposes of section 466(a) of the

 

 7  social security act, 42 USC 666, in connection with matters

 

 8  relating to paternity, child support, or overdue child support.

 

 9        (c) To check an applicant's driving record through the

 

10  national driver register and the commercial driver license

 

11  information system when issuing a license under this act.

 

12        (d) With the department of community health, for comparison

 

13  with vital records maintained by the department of community

 

14  health under part 28 of the public health code, 1978 PA 368, MCL

 

15  333.2801 to 333.2899.

 

16        (e) As otherwise required by law.

 

17        (12) The secretary of state shall not display a person's

 

18  social security number on the person's operator's or chauffeur's

 

19  license.

 

20        (13) A requirement under this section to include a social

 

21  security number on an application does not apply to an applicant

 

22  who demonstrates he or she is exempt under law from obtaining a

 

23  social security number.

 

24        (14) As required in section 10120 of the public health code,

 

25  1978 PA 368, MCL 333.10120, the secretary of state shall maintain

 

26  the donor registry in a manner that provides electronic access,

 

27  including, but not limited to, the transfer of data to this

 


 1  state's federally designated organ procurement organization or

 

 2  its successor organization, tissue banks, and eye banks, in a

 

 3  manner that complies with that section.

 

 4        (15) The secretary of state, with the approval of the state

 

 5  administrative board created under 1921 PA 2, MCL 17.1 to 17.3,

 

 6  may enter into agreements with the United States government to

 

 7  verify whether an applicant for an operator's license or a

 

 8  chauffeur's license under this section who is not a citizen of

 

 9  the United States is authorized under federal law to be present

 

10  in the United States.

 

11        (16) The secretary of state shall not issue an operator's

 

12  license or a chauffeur's license to a person holding an

 

13  operator's license or chauffeur's license issued by another state

 

14  without confirmation that the person is terminating or has

 

15  terminated the operator's license or chauffeur's license issued

 

16  by the other state.

 

17        (17) The secretary of state shall do all of the following:

 

18        (a) Ensure the physical security of locations where

 

19  operator's licenses and chauffeur's licenses are produced and the

 

20  security of document materials and papers from which operator's

 

21  licenses and chauffeur's licenses are produced.

 

22        (b) Subject all persons authorized to manufacture or produce

 

23  operator's licenses or chauffeur's licenses and all persons who

 

24  have the ability to affect the identity information that appears

 

25  on operator's licenses or chauffeur's licenses to appropriate

 

26  security clearance requirements. The security requirements of

 

27  this subdivision and subdivision (a) may require that licenses be

 


 1  manufactured or produced in this state.

 

 2        (c) Provide fraudulent document recognition programs to

 

 3  department of state employees engaged in the issuance of

 

 4  operator's licenses and chauffeur's licenses.

 

 5        Sec. 307a. For an operator or chauffeur license that

 

 6  contains a vehicle group designation, the secretary of state

 

 7  shall issue a license that contains the information required

 

 8  under this act and all of the following information:

 

 9        (a) The name and address of residence of the licensee.

 

10        (b) Date of birth.

 

11        (c) Height and sex.

 

12        (d) Information required by the United States department of

 

13  transportation under 49 CFR 383.153.

 

14        (e) The In accordance with federal regulations, the vehicle

 

15  group designation and any indorsement or restriction of a

 

16  commercial motor vehicle the licensee is authorized to operate.

 

17        (f) The name of this state.

 

18        (g) The expiration date of the license.

 

19        Sec. 312e. (1) Except as otherwise provided in this section,

 

20  a person, before operating a commercial motor vehicle, shall

 

21  obtain the required vehicle group designation as follows:

 

22        (a) A person, before operating a combination of vehicles

 

23  with a gross combination weight rating of 26,001 pounds or more

 

24  including a towed vehicle with a gross vehicle weight rating of

 

25  more than 10,000 pounds, shall procure a group A vehicle

 

26  designation on his or her operator's or chauffeur's license.

 

27  Unless an indorsement or the removal of restrictions is required,

 


 1  a person licensed to operate a group A vehicle may operate a

 

 2  group B or C vehicle without taking another test.

 

 3        (b) A person, before operating a vehicle having a gross

 

 4  vehicle weight rating of 26,001 pounds or more, shall procure a

 

 5  group B vehicle designation on his or her operator's or

 

 6  chauffeur's license. Unless an indorsement or the removal of

 

 7  restrictions is required, a person licensed to operate a group B

 

 8  vehicle may operate a group C vehicle without taking another

 

 9  test.

 

10        (c) A person, before operating a single vehicle having a

 

11  gross vehicle weight rating under 26,001 pounds or a vehicle

 

12  having a gross vehicle weight rating under 26,001 pounds towing a

 

13  trailer or other vehicle and carrying hazardous materials on

 

14  which a placard is required under 49 CFR parts 100 to 199, or

 

15  designed to transport 16 or more passengers including the driver,

 

16  or a combination of vehicles that fits the definition of small

 

17  vehicle (group C) under 49 CFR 383.91(a)(3) shall procure a group

 

18  C vehicle designation and a hazardous material or passenger

 

19  vehicle indorsement on his or her operator's or chauffeur's

 

20  license.

 

21        (2) An applicant for a vehicle group designation shall take

 

22  knowledge and driving skills tests that comply with minimum

 

23  federal standards prescribed in 49 CFR part 383 as required under

 

24  this act.

 

25        (3) The license shall be issued, suspended, revoked,

 

26  canceled, or renewed in accordance with this act.

 

27        (4) Except as provided in this subsection, all of the

 


 1  following apply:

 

 2        (a) If a person operates a group B passenger vehicle while

 

 3  taking his or her driving skills test for a P indorsement, he or

 

 4  she is restricted to operating only group B or C passenger

 

 5  vehicles under that P indorsement. If a person operates a group B

 

 6  school bus while taking his or her driving skills test for an S

 

 7  indorsement, he or she is restricted to operating only group B or

 

 8  C school buses under that S indorsement.

 

 9        (b) If a person operates a group C passenger vehicle while

 

10  taking his or her driving skills test for a P indorsement, he or

 

11  she is restricted to operating only group C passenger vehicles

 

12  under that P indorsement. If a person operates a group C school

 

13  bus while taking his or her driving skills test for an S

 

14  indorsement, he or she is restricted to operating only group C

 

15  school buses under that S indorsement.

 

16        (c) A person who fails the air brake portion of the written

 

17  or driving skills test provided under section 312f or who takes

 

18  the driving skills test provided under that section in a

 

19  commercial motor vehicle that is not equipped with air brakes

 

20  shall not operate a commercial motor vehicle equipped with air

 

21  brakes.

 

22        (5) A person, before operating a commercial motor vehicle,

 

23  shall obtain required vehicle indorsements as follows:

 

24        (a) A person, before operating a commercial motor vehicle

 

25  pulling double trailers, shall procure the appropriate vehicle

 

26  group designation and a T vehicle indorsement under this act.

 

27        (b) A person, before operating a commercial motor vehicle

 


 1  that is a tank vehicle, shall procure the appropriate vehicle

 

 2  group designation and an N vehicle indorsement under this act.

 

 3        (c) A person, before operating a commercial motor vehicle

 

 4  carrying hazardous materials on which a placard is required under

 

 5  49 CFR parts 100 to 199, shall procure the appropriate vehicle

 

 6  group designation and an H vehicle indorsement under this act.

 

 7        (d) A person, before operating a commercial motor vehicle

 

 8  that is a tank vehicle carrying hazardous material, shall procure

 

 9  the appropriate vehicle group designation and both an N and H

 

10  vehicle indorsement, which shall be designated by the code letter

 

11  X on the person's operator's or chauffeur's license.

 

12        (e) A person, before operating a vehicle that is designed to

 

13  transport 16 or more passengers including the driver but is not a

 

14  school bus shall procure the appropriate vehicle group

 

15  designation and a P vehicle indorsement under this act. An

 

16  applicant for a P vehicle indorsement shall take the driving

 

17  skills test in a vehicle designed to transport 16 or more

 

18  passengers including the driver.

 

19        (f) A person who does not currently possess a P indorsement,

 

20  before operating a school bus designed to transport 16 or more

 

21  passengers, including the driver, shall procure the appropriate

 

22  vehicle group designation, pass the knowledge tests for the P and

 

23  S indorsements, and procure the P and S vehicle indorsements

 

24  under this act. An applicant for an S vehicle indorsement shall

 

25  take a driving skills test in a school bus designed to transport

 

26  16 or more passengers, including the driver, that represents the

 

27  same type of vehicle that the applicant intends to operate as a

 


 1  school bus.

 

 2        (g) A person who currently possesses a P indorsement, before

 

 3  operating a school bus designed to transport 16 or more

 

 4  passengers, including the driver, shall procure the appropriate

 

 5  vehicle group designation, pass the knowledge test for an S

 

 6  indorsement, and procure an S vehicle indorsement under this act.

 

 7  An applicant for an S vehicle indorsement shall take a driving

 

 8  skills test in a school bus designed to transport 16 or more

 

 9  passengers, including the driver, that represents the same type

 

10  of vehicle that the applicant intends to operate as a school bus.

 

11        (6) Until September 30, 2005, the secretary of state may

 

12  waive the driving skills test for an applicant for an S

 

13  indorsement if the applicant certifies, and the secretary of

 

14  state verifies, that during the 2-year period immediately prior

 

15  to applying for the school bus indorsement the applicant met all

 

16  of the following conditions:

 

17        (a) The applicant holds a valid driver license with a

 

18  vehicle group designation and a P indorsement.

 

19        (b) The applicant has not had an operator's, chauffeur's, or

 

20  commercial motor vehicle driver license suspended, revoked,

 

21  denied, or canceled.

 

22        (c) The applicant has not been disqualified by the United

 

23  States secretary of transportation from operating a commercial

 

24  motor vehicle.

 

25        (d) The applicant has not been convicted of any

 

26  disqualifying offense listed in 49 CFR 383.51(b) while operating

 

27  a commercial motor vehicle.

 


Senate Bill No. 495 (H-1) as amended September 28, 2011

 

 1        (e) The applicant has not been convicted of any

 

 2  disqualifying offense listed in 49 CFR 383.51(b) while operating

 

 3  a noncommercial motor vehicle that would be a disqualifying

 

 4  offense under 49 CFR 383.51(b) if the applicant had committed the

 

 5  offense while operating a commercial motor vehicle.

 

 6        (f) The applicant has not had more than 1 conviction for a

 

 7  serious traffic violation as defined in 49 CFR 383.51 while

 

 8  operating any type of motor vehicle.

 

 9        (g) Except for parking violations, the applicant has not had

 

10  any conviction for a violation of any state or local motor

 

11  vehicle traffic control law involving a vehicle accident and has

 

12  not been found at fault in a vehicle accident.

 

13        (h) The applicant has been regularly employed as a school

 

14  bus driver for the past 2 years and has, for those 2 years,

 

15  operated a school bus representing the type of school bus that

 

16  the applicant intends to operate, and the applicant provides

 

17  satisfactory evidence of that employment to the secretary of

 

18  state.

 

19        (6) (7) An applicant for an indorsement shall take the

 

20  knowledge and driving skills tests described and required under

 

21  49 CFR part 383.

 

22        (7) (8) The holder of an unexpired operator's or chauffeur's

 

23  license may be issued a vehicle group designation and indorsement

 

24  valid for the remainder of the license upon meeting the

 

25  qualifications of section 312f and payment of the original

 

26  vehicle group designation fee of $25.00 [                        

 

27                                           ] and an indorsement fee of

 


 1  $5.00 per indorsement, and a corrected license fee of $18.00. A

 

 2  person required to procure an F vehicle indorsement under

 

 3  subsection (10) (9) shall pay an indorsement fee of $5.00.

 

 4        (8) (9) Except as otherwise provided in subsections (10) (9)

 

 5  and (11), (10), this section does not apply to a driver or

 

 6  operator of a vehicle under all of the following conditions:

 

 7        (a) The vehicle is controlled and operated by a farmer or an

 

 8  employee or family member of the farmer.

 

 9        (b) The vehicle is used to transport agricultural products,

 

10  farm machinery, farm supplies, or a combination of these items,

 

11  to or from a farm.

 

12        (c) The vehicle is not used in the operation of a common or

 

13  contract motor carrier.

 

14        (d) The vehicle is operated within 150 miles of the farm.

 

15        (9) (10) A person, before driving or operating a combination

 

16  of vehicles having a gross vehicle weight rating of 26,001 pounds

 

17  or more on the power unit that is used as described in subsection

 

18  (9)(a) (8)(a) to (d), shall obtain an F vehicle indorsement. The

 

19  F vehicle indorsement shall be issued upon successful completion

 

20  of a knowledge test only.

 

21        (10) (11) A person, before driving or operating a single

 

22  vehicle truck having a gross vehicle weight rating of 26,001

 

23  pounds or more or a combination of vehicles having a gross

 

24  vehicle weight rating of 26,001 pounds or more on the power unit

 

25  that is used as described in subsection (9)(a) (8)(a) to (d) for

 

26  carrying hazardous materials on which a placard is required under

 

27  49 CFR parts 100 to 199, shall successfully complete both a

 


Senate Bill No. 495 (H-1) as amended September 28, 2011

 

 1  knowledge test and a driving skills test. Upon successful

 

 2  completion of the knowledge test and driving skills test, the

 

 3  person shall be issued the appropriate vehicle group designation

 

 4  and any vehicle indorsement necessary under this act.

 

 5        (11) (12) This section does not apply to a police officer

 

 6  operating an authorized emergency vehicle or to a firefighter

 

 7  operating an authorized emergency vehicle who has met the driver

 

 8  training standards published under the fire fighters firefighters

 

 9  training council act of 1966, 1966 PA 291, MCL 29.361 to 29.377.

 

10        (12) (13) This section does not apply to a person operating

 

11  a vehicle used exclusively to transport personal possessions or

 

12  family members for nonbusiness purposes.

 

13        (13) (14) The money collected under subsection (8) (7) for a

 

14  vehicle group designation or indorsement shall be deposited in

 

15  the state treasury to the credit of the general fund. The

 

16  secretary of state shall refund out of the fees collected to each

 

17  county or municipality acting as an examining officer or

 

18  examining bureau $3.00 for each applicant examined for a first

 

19  designation or indorsement to an operator's or chauffeur's

 

20  license and $1.50 for each renewal designation or indorsement to

 

21  an operator's or chauffeur's license, whose application is not

 

22  denied, on the condition that the money refunded shall be paid to

 

23  the county or local treasurer and is appropriated to the county,

 

24  municipality, or officer or bureau receiving that money for the

 

25  purpose of carrying out this act. [                            

 

26                                                                    

 

27                                                             ]

 


 1        (14) (15) Notwithstanding any other provision of this

 

 2  section, a person operating a vehicle described in subsections

 

 3  (8) and (9) and (10) is subject to the provisions of sections 303

 

 4  and 319b.

 

 5        (15) (16) This state shall comply with the requirements of

 

 6  the American association of motor vehicle administrators'

 

 7  AAMVAnet, incorporated's "Commercial Driver License Information

 

 8  System (CDLIS) State Procedures Manual" that the secretary of

 

 9  state determines are required for implementing and enforcing

 

10  federal law.

 

11        Sec. 312f. (1) Except as otherwise provided in this section,

 

12  a person shall be not less than 18 years of age before he or she

 

13  is issued a vehicle group designation or indorsement, other than

 

14  a motorcycle indorsement, or not less than 21 years of age and

 

15  has been approved by the transportation security administration

 

16  for a hazardous material endorsement before he or she is issued a

 

17  hazardous material indorsement on an operator's or chauffeur's

 

18  license and, as provided in this section, the person shall pass

 

19  knowledge and driving skills tests that comply with minimum

 

20  federal standards prescribed in 49 CFR part 383. A person who is

 

21  18 years of age or older operating a vehicle to be used for

 

22  farming purposes only may obtain an A or B vehicle group

 

23  designation or an F vehicle indorsement. Each written examination

 

24  given an applicant for a vehicle group designation or indorsement

 

25  shall include subjects designed to cover the type or general

 

26  class of vehicle to be operated. A person shall pass an

 

27  examination that includes a driving skills test designed to test

 


 1  competency of the applicant for an original vehicle group

 

 2  designation and passenger indorsement on an operator's or

 

 3  chauffeur's license to drive that type or general class of

 

 4  vehicle upon the highways of this state with safety to persons

 

 5  and property. The secretary of state shall waive the driving

 

 6  skills test for a person operating a vehicle that is used under

 

 7  the conditions described in section 312e(9)(a) 312e(8)(a) to (d)

 

 8  unless the vehicle has a gross vehicle weight rating of 26,001

 

 9  pounds or more on the power unit and is to be used to carry

 

10  hazardous materials on which a placard is required under 49 CFR

 

11  parts 100 to 199. The driving skills test may be waived if the

 

12  applicant has a valid license with the appropriate vehicle group

 

13  designation, passenger vehicle indorsement, or school bus

 

14  indorsement in another state issued in compliance with 49 USC

 

15  31301 to 31317.

 

16        (2) Except for a person who has held an operator's or

 

17  chauffeur's license for less than 1 year, the secretary of state

 

18  shall waive the knowledge test and the driving skills test and

 

19  issue a 1-year seasonal restricted vehicle group designation to

 

20  an otherwise qualified applicant to operate a group B or a group

 

21  C vehicle for a farm related service industry if all of the

 

22  following conditions are met:

 

23        (a) The applicant meets the requirements of 49 CFR 383.77.

 

24        (b) The seasons for which the seasonal restricted vehicle

 

25  group designation is issued are from April 2 to June 30 and from

 

26  September 2 to November 30 only of a 12-month period or, at the

 

27  option of the applicant, for not more than 180 days from the date

 


 1  of issuance in a 12-month period.

 

 2        (c) The commercial motor vehicle for which the seasonal

 

 3  restricted vehicle group designation is issued shall be operated

 

 4  only if all the following conditions are met:

 

 5        (i) The commercial motor vehicle is operated only on routes

 

 6  within 150 miles from the place of business to the farm or farms

 

 7  being served.

 

 8        (ii) The commercial motor vehicle does not transport a

 

 9  quantity of hazardous materials on which a placard under 49 CFR

 

10  parts 100 to 199 is required except for the following:

 

11        (A) Diesel motor fuel in quantities of 1,000 gallons or

 

12  less.

 

13        (B) Liquid fertilizers in quantities of 3,000 gallons or

 

14  less.

 

15        (C) Solid fertilizers that are not transported with any

 

16  organic substance.

 

17        (iii) The commercial motor vehicle does not require the H, N,

 

18  P, S, T, or X vehicle indorsement.

 

19        (3) A seasonal restricted vehicle group designation under

 

20  this section shall be issued, suspended, revoked, canceled,

 

21  denied, or renewed in accordance with this act.

 

22        (4) 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 required under this section, section 312e, or

 

25  49 CFR part 383. Before the secretary of state authorizes a

 

26  person to administer a corporation's or agency's driver skills

 

27  testing operations or authorizes an examiner to conduct a driving

 


 1  skills test, that person or examiner must complete both a state

 

 2  and federal bureau of investigation fingerprint based criminal

 

 3  history check through the department of state police.

 

 4        (5) The secretary of state shall not issue a vehicle group

 

 5  designation or a vehicle indorsement to an applicant for an

 

 6  original vehicle group designation or vehicle indorsement under

 

 7  section 312e or may cancel all vehicle group designations or

 

 8  endorsements on a person's operator's or chauffeur's license to

 

 9  whom 1 or more of the following apply:

 

10        (a) The applicant has had his or her license suspended or

 

11  revoked for a reason other than as provided in section 321a, 515,

 

12  732a, or 801c or section 30 of the support and parenting time

 

13  enforcement act, 1982 PA 295, MCL 552.630, in the 36 months

 

14  immediately preceding application. , except that However, a

 

15  vehicle group designation may be issued if the suspension or

 

16  revocation was due to a temporary medical condition or failure to

 

17  appear at a reexamination as provided in section 320.

 

18        (b) The applicant was convicted of or incurred a bond

 

19  forfeiture in relation to a 6-point violation as provided in

 

20  section 320a in the 24 months immediately preceding application

 

21  if the violation occurred while the applicant was operating a

 

22  commercial motor vehicle, or a violation of section 625(3) or

 

23  former section 625b, or a local ordinance substantially

 

24  corresponding to section 625(3) or former section 625b in the 24

 

25  months immediately preceding application, if the applicant was

 

26  operating any type of motor vehicle.

 

27        (c) The applicant is listed on the national driver register,

 


 1  the commercial driver license information system, or the driving

 

 2  records of the state in which the applicant was previously

 

 3  licensed as being disqualified from operating a commercial motor

 

 4  vehicle or as having a license or driving privilege suspended,

 

 5  revoked, canceled, or denied.

 

 6        (d) The applicant is listed on the national driver register,

 

 7  the commercial driver license information system, or the driving

 

 8  records of the state in which the applicant was previously

 

 9  licensed as having had a license suspended, revoked, or canceled

 

10  in the 36 months immediately preceding application if a

 

11  suspension or revocation would have been imposed under this act

 

12  had the applicant been licensed in this state in the original

 

13  instance. This subdivision does not apply to a suspension or

 

14  revocation that would have been imposed due to a temporary

 

15  medical condition or pursuant to section 321a, 515, 732a, or 801c

 

16  or section 30 of the support and parenting time enforcement act,

 

17  1982 PA 295, MCL 552.630.

 

18        (e) The applicant is subject to a suspension or revocation

 

19  under section 319b or would have been subject to a suspension or

 

20  revocation under section 319b if the applicant had been issued a

 

21  vehicle group designation or vehicle indorsement.

 

22        (f) The applicant has been disqualified from operating a

 

23  commercial motor vehicle under 49 USC 31301 to 31317 or the

 

24  applicant's license to operate a commercial motor vehicle has

 

25  been suspended, revoked, denied, or canceled within 36 months

 

26  immediately preceding the date of application.

 

27        (g) The United States secretary of transportation has

 


 1  disqualified the applicant from operating a commercial motor

 

 2  vehicle.

 

 3        (h) The applicant fails to satisfy the federal regulations

 

 4  promulgated under 49 CFR parts 383 and 391 by refusing to certify

 

 5  the type of commercial motor vehicle operation the applicant

 

 6  intends to perform and fails to present valid medical

 

 7  certification to the secretary of state if required to do so.

 

 8        (i) The applicant has been disqualified from operating a

 

 9  commercial motor vehicle due to fraudulent testing.

 

10        (6) The secretary of state shall not renew or upgrade a

 

11  vehicle group designation if the 1 or more of the following

 

12  conditions exist:

 

13        (a) The United States secretary of transportation has

 

14  disqualified the applicant from operating a commercial motor

 

15  vehicle. , or the

 

16        (b) The applicant is listed on the national driver register

 

17  or the commercial driver license information system as being

 

18  disqualified from operating a commercial motor vehicle or as

 

19  having a driver license or driving privilege suspended, revoked,

 

20  canceled, or denied.

 

21        (c) On or after January 30, 2012, the applicant fails to

 

22  meet the requirements of 49 CFR parts 383 and 391 by refusing to

 

23  certify the type of commercial motor vehicle operation the

 

24  applicant intends to perform and fails to present medical

 

25  certification to the secretary of state if required to do so.

 

26        (7) The secretary of state shall only consider bond

 

27  forfeitures under subsection (5)(b) for violations that occurred

 


 1  on or after January 1, 1990 when determining the applicability of

 

 2  subsection (5).

 

 3        (8) If an applicant for an original vehicle group

 

 4  designation was previously licensed in another jurisdiction, the

 

 5  secretary of state shall request a copy of the applicant's

 

 6  driving record from that jurisdiction. If 1 or more of the

 

 7  conditions described in subsection (5) exist in that jurisdiction

 

 8  when the secretary of state receives the copy, the secretary of

 

 9  state shall cancel all vehicle group designations on the person's

 

10  operator's or chauffeur's license.

 

11        (9) The secretary of state shall cancel all vehicle group

 

12  designations on a person's operator's or chauffeur's license upon

 

13  receiving notice from the United States secretary of

 

14  transportation, the national driver register, the commercial

 

15  driver license system, or another state or jurisdiction that 1 or

 

16  more of the conditions described in subsection (5) existed at the

 

17  time of the person's application in this state.

 

18        (10) The secretary of state shall cancel all vehicle group

 

19  designations on the person's operator's or chauffeur's license

 

20  upon receiving proper notice that the person no longer meets the

 

21  federal driver qualification requirements under 49 CFR part parts

 

22  383 and 391 to operate a commercial motor vehicle in interstate

 

23  or intrastate commerce, or the person no longer meets the driver

 

24  qualification requirements to operate a commercial motor vehicle

 

25  in intrastate commerce under the motor carrier safety act of

 

26  1963, 1963 PA 181, MCL 480.11 to 480.25.

 

27        (11) Subsection (5)(a), (b), (d), and (f) do not apply to an

 


 1  applicant for an original vehicle group designation who at the

 

 2  time of application has a valid license to operate a commercial

 

 3  motor vehicle issued by any state in compliance with 49 USC 31301

 

 4  to 31317.

 

 5        (12) As used in this section, "farm related service

 

 6  industry" means custom harvesters, farm retail outlets and

 

 7  suppliers, agri-chemical business, or livestock feeders.

 

 8        Sec. 312h. (1) A person who is issued an original

 

 9  chauffeur's license as described in section 314(3), upon payment

 

10  of a fee of $25.00 for a vehicle group designation fee as

 

11  provided under section 312e(7) and $5.00 for each indorsement in

 

12  addition to any other chauffeur's license fees and compliance

 

13  with section 312f, may be issued a vehicle group designation and

 

14  indorsement for the same period.

 

15        (2) The money collected under this section shall be

 

16  deposited in the state treasury to the credit of the general

 

17  fund. The secretary of state shall refund out of the fees

 

18  collected to each county or municipality acting as an examining

 

19  officer or examining bureau, $2.00 for each applicant examined

 

20  for a vehicle group designation or indorsement to a first

 

21  chauffeur's license whose application is not denied, on the

 

22  condition, however, that the money refunded shall be paid to the

 

23  county or local treasurer and is appropriated to the county,

 

24  municipality, or officer or bureau receiving that money for the

 

25  purpose of carrying out this act.

 

26        Sec. 314. (1) Except as otherwise provided in this section,

 

27  operator's licenses and chauffeur's licenses expire on the

 


 1  birthday of the person to whom the license is issued in the

 

 2  fourth year following the date of the issuance of the license or

 

 3  on the date the person is no longer considered to be legally

 

 4  present in the United States under section 307, whichever is

 

 5  earlier, unless suspended or revoked before that date. A license

 

 6  shall not be issued for a period longer than 4 years. A person

 

 7  holding a license at any time 12 months before the expiration of

 

 8  his or her license may apply for a new license as provided for in

 

 9  this chapter. A knowledge test for an original group designation

 

10  or indorsement may be taken at any time during this period and

 

11  the results are valid for 12 months. A license renewed under this

 

12  subsection shall be renewed for the time remaining on the license

 

13  before its renewal combined with the 4-year renewal period.

 

14        (2) The first operator's license issued to a person who at

 

15  the time of application is less than 20-1/2 years of age expires

 

16  on the licensee's twenty-first birthday or on the date the person

 

17  is no longer considered to be legally present in the United

 

18  States under section 307, whichever is earlier, unless suspended

 

19  or revoked.

 

20        (3) The first chauffeur's license issued to a person expires

 

21  on the licensee's birthday in the fourth year following the date

 

22  of issuance or on the date the person is no longer considered to

 

23  be legally present in the United States under section 307,

 

24  whichever is earlier, unless the license is suspended or revoked

 

25  before that date. The chauffeur's license of a person who at the

 

26  time of application is less than 20-1/2 years of age expires on

 

27  the licensee's twenty-first birthday or on the date the person is

 


 1  no longer considered to be legally present in the United States

 

 2  under section 307, whichever is earlier, unless suspended or

 

 3  revoked. A subsequent chauffeur's license expires on the birthday

 

 4  of the person to whom the license is issued in the fourth year

 

 5  following the date of issuance of the license or on the date the

 

 6  person is no longer considered to be legally present in the

 

 7  United States under section 307, whichever is earlier, unless the

 

 8  license is suspended or revoked before that date.

 

 9        (4) A person may apply for an extension of his or her

 

10  driving privileges if he or she is out of state on the date that

 

11  his or her operator's or chauffeur's license expires. The

 

12  extension may extend the license for 180 days beyond the

 

13  expiration date or not more than 2 weeks after the applicant

 

14  returns to Michigan, whichever occurs first. This subsection does

 

15  not apply to a person who fails to meet the requirements of 49

 

16  CFR parts 383 and 391 with regard to medical certification

 

17  documentation requirements.

 

18        (5) Except for an operator's or chauffeur's license with a

 

19  hazardous material indorsement, the The secretary of state may

 

20  issue a renewal operator's or chauffeur's license to a person who

 

21  will be out of state for more than 180 days beyond the expiration

 

22  date of his or her operator's or chauffeur's license, if the

 

23  secretary of state has a digital image of the person on file. The

 

24  applicant for this renewal shall submit a statement evidencing a

 

25  vision examination in accordance with the rules promulgated by

 

26  the secretary of state under section 309 and any other statement

 

27  required by this act or federal law. A person is not eligible for

 


 1  consecutive renewals of a license under this subsection. This

 

 2  subsection does not apply to a person who fails to meet the

 

 3  requirements of 49 CFR parts 383 and 391 with regard to medical

 

 4  certification documentation requirements, or a person with a

 

 5  hazardous material indorsement on his or her operator's or

 

 6  chauffeur's license.

 

 7        (6) The secretary of state may check the applicant's driving

 

 8  record through the national driver register and the commercial

 

 9  driver license information system before issuing a renewal under

 

10  this section.

 

11        Sec. 319b. (1) The secretary of state shall immediately

 

12  suspend or revoke, as applicable, all vehicle group designations

 

13  on the operator's or chauffeur's license of a person upon

 

14  receiving notice of a conviction, bond forfeiture, or civil

 

15  infraction determination of the person, or notice that a court or

 

16  administrative tribunal has found the person responsible, for a

 

17  violation described in this subsection of a law of this state, a

 

18  local ordinance substantially corresponding to a law of this

 

19  state while the person was operating a commercial motor vehicle,

 

20  or a law of another state substantially corresponding to a law of

 

21  this state, or notice that the person has refused to submit to a

 

22  chemical test of his or her blood, breath, or urine for the

 

23  purpose of determining the amount of alcohol or presence of a

 

24  controlled substance or both in the person's blood, breath, or

 

25  urine while the person was operating a commercial motor vehicle

 

26  as required by a law or local ordinance of this or another state.

 

27  The period of suspension or revocation is as follows:

 


 1        (a) Suspension for 60 days if the person is convicted of or

 

 2  found responsible for 1 of the following while operating a

 

 3  commercial motor vehicle:

 

 4        (i) Two serious traffic violations arising from separate

 

 5  incidents within 36 months.

 

 6        (ii) A violation of section 667, 668, 669, or 669a.

 

 7        (iii) A violation of motor carrier safety regulations 49 CFR

 

 8  392.10 or 392.11, as adopted by section 1a of the motor carrier

 

 9  safety act of 1963, 1963 PA 181, MCL 480.11a.

 

10        (iv) A violation of section 57 of the pupil transportation

 

11  act, 1990 PA 187, MCL 257.1857.

 

12        (v) A violation of motor carrier safety regulations 49 CFR

 

13  392.10 or 392.11, as adopted by section 31 of the motor bus

 

14  transportation act, 1982 PA 432, MCL 474.131.

 

15        (vi) A violation of motor carrier safety regulations 49 CFR

 

16  392.10 or 392.11 while operating a commercial motor vehicle other

 

17  than a vehicle covered under subparagraph (iii), (iv), or (v).

 

18        (b) Suspension for 120 days, to be served consecutively with

 

19  a 60-day suspension imposed under subsection (1)(a)(i), if the

 

20  person is convicted of or found responsible for 1 of the

 

21  following arising from separate incidents within 36 months while

 

22  operating a commercial motor vehicle:

 

23        (i) Three serious traffic violations.

 

24        (ii) Any combination of 2 violations described in subdivision

 

25  (a)(ii).

 

26        (c) Suspension for 1 year if the person is convicted of or

 

27  found responsible for 1 of the following:

 


 1        (i) A violation of section 625(1), (3), (4), (5), (6), (7),

 

 2  or (8), section 625m, or former section 625(1) or (2), or former

 

 3  section 625b, while operating a commercial or noncommercial motor

 

 4  vehicle.

 

 5        (ii) Leaving the scene of an accident involving a commercial

 

 6  or noncommercial motor vehicle operated by the person.

 

 7        (iii) Except for a felony described in 49 CFR 383.51(b)(9), a

 

 8  felony in which a commercial or noncommercial motor vehicle was

 

 9  used.

 

10        (iv) A refusal of a peace officer's request to submit to a

 

11  chemical test of his or her blood, breath, or urine to determine

 

12  the amount of alcohol or presence of a controlled substance or

 

13  both in his or her blood, breath, or urine while he or she was

 

14  operating a commercial or noncommercial motor vehicle as required

 

15  by a law or local ordinance of this state or another state.

 

16        (v) Effective October 1, 2005, operating Operating a

 

17  commercial motor vehicle in violation of a suspension,

 

18  revocation, denial, or cancellation that was imposed for previous

 

19  violations committed while operating a commercial motor vehicle.

 

20        (vi) Effective October 1, 2005, causing Causing a fatality

 

21  through the negligent or criminal operation of a commercial motor

 

22  vehicle, including, but not limited to, the crimes of motor

 

23  vehicle manslaughter, motor vehicle homicide, and negligent

 

24  homicide.

 

25        (vii) A 6-point violation as provided in section 320a while

 

26  operating a commercial motor vehicle.

 

27        (viii) Any combination of 3 violations described in

 


 1  subdivision (a)(ii) arising from separate incidents within 36

 

 2  months while operating a commercial motor vehicle.

 

 3        (d) Suspension for 3 years if the person is convicted of or

 

 4  found responsible for an offense enumerated in subdivision (c)(i)

 

 5  to (vii) in which a commercial motor vehicle was used if the

 

 6  vehicle was carrying hazardous material required to have a

 

 7  placard under 49 CFR parts 100 to 199.

 

 8        (e) Revocation for life, but with eligibility for reissue of

 

 9  a group vehicle designation after not less than 10 years and

 

10  after approval by the secretary of state, if the person is

 

11  convicted of or found responsible for 2 violations or a

 

12  combination of any 2 violations arising from 2 or more separate

 

13  incidents involving any of the following:

 

14        (i) Section 625(1), (3), (4), (5), (6), (7), or (8), section

 

15  625m, or former section 625(1) or (2), or former section 625b,

 

16  while operating a commercial or noncommercial motor vehicle.

 

17        (ii) Leaving the scene of an accident involving a commercial

 

18  or noncommercial motor vehicle operated by the licensee.

 

19        (iii) Except for a felony described in 49 CFR 383.51(b)(9), a

 

20  felony in which a commercial or noncommercial motor vehicle was

 

21  used.

 

22        (iv) A refusal of a request of a police officer to submit to

 

23  a chemical test of his or her blood, breath, or urine for the

 

24  purpose of determining the amount of alcohol or presence of a

 

25  controlled substance or both in his or her blood while he or she

 

26  was operating a commercial or noncommercial motor vehicle in this

 

27  state or another state.

 


 1        (v) Effective October 1, 2005, operating Operating a

 

 2  commercial motor vehicle in violation of a suspension,

 

 3  revocation, denial, or cancellation that was imposed for previous

 

 4  violations committed while operating a commercial motor vehicle.

 

 5        (vi) Effective October 1, 2005, causing Causing a fatality

 

 6  through the negligent or criminal operation of a commercial motor

 

 7  vehicle, including, but not limited to, the crimes of motor

 

 8  vehicle manslaughter, motor vehicle homicide, and negligent

 

 9  homicide.

 

10        (vii) Six-point violations as provided in section 320a while

 

11  operating a commercial motor vehicle.

 

12        (f) Revocation for life if a person is convicted of or found

 

13  responsible for any of the following:

 

14        (i) One violation of a felony in which a commercial motor

 

15  vehicle was used and that involved the manufacture, distribution,

 

16  or dispensing of a controlled substance or possession with intent

 

17  to manufacture, distribute, or dispense a controlled substance.

 

18        (ii) A conviction of any offense described in subdivision (c)

 

19  or (d) after having been approved for the reissuance of a vehicle

 

20  group designation under subdivision (e).

 

21        (iii) A conviction of a violation of chapter LXXXIII-A of the

 

22  Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z.

 

23        (2) The secretary of state shall immediately deny, cancel,

 

24  or revoke a hazardous material indorsement on the operator's or

 

25  chauffeur's license of a person with a vehicle group designation

 

26  upon receiving notice from a federal government agency that the

 

27  person poses a security risk warranting denial, cancellation, or

 


 1  revocation under the uniting and strengthening America by

 

 2  providing appropriate tools required to intercept and obstruct

 

 3  terrorism (USA PATRIOT ACT) act of 2001, Public Law 107-56. The

 

 4  denial, cancellation, or revocation cannot be appealed under

 

 5  section 322 or 323 and remains in effect until the secretary of

 

 6  state receives a federal government notice that the person does

 

 7  not pose a security risk in the transportation of hazardous

 

 8  materials.

 

 9        (3) The secretary of state shall immediately suspend all

 

10  vehicle group designations on a person's operator's or

 

11  chauffeur's license upon receiving notice of a conviction, bond

 

12  forfeiture, or civil infraction determination of the person, or

 

13  notice that a court or administrative tribunal has found the

 

14  person responsible, for a violation of section 319d(4) or 319f, a

 

15  local ordinance substantially corresponding to section 319d(4) or

 

16  319f, or a law or local ordinance of another state, the United

 

17  States, Canada, Mexico, the United Mexican States, or a local

 

18  jurisdiction of either of these countries substantially

 

19  corresponding to section 319d(4) or 319f, while operating a

 

20  commercial motor vehicle. The period of suspension or revocation

 

21  is as follows:

 

22        (a) Suspension for 90 180 days if the person is convicted of

 

23  or found responsible for a violation of section 319d(4) or 319f

 

24  while operating a commercial motor vehicle.

 

25        (b) Suspension for 180 days if the person is convicted of or

 

26  found responsible for a violation of section 319d(4) or 319f

 

27  while operating a commercial motor vehicle that is either

 


 1  carrying hazardous material required to have a placard under 49

 

 2  CFR parts 100 to 199 or designed to carry 16 or more passengers,

 

 3  including the driver.

 

 4        (c) Suspension for 1 year 2 years if the person is convicted

 

 5  of or found responsible for 2 violations, in any combination, of

 

 6  section 319d(4) or 319f while operating a commercial motor

 

 7  vehicle arising from 2 or more separate incidents during a 10-

 

 8  year period.

 

 9        (d) Suspension for 3 years if the person is convicted of or

 

10  found responsible for 3 or more violations, in any combination,

 

11  of section 319d(4) or 319f while operating a commercial motor

 

12  vehicle arising from 3 or more separate incidents during a 10-

 

13  year period.

 

14        (e) Suspension for 3 years if the person is convicted of or

 

15  found responsible for 2 or more violations, in any combination,

 

16  of section 319d(4) or 319f while operating a commercial motor

 

17  vehicle carrying hazardous material required to have a placard

 

18  under 49 CFR parts 100 to 199, or designed to carry 16 or more

 

19  passengers, including the driver, arising from 2 or more separate

 

20  incidents during a 10-year period.

 

21        (4) The secretary of state shall suspend or revoke, as

 

22  applicable, any privilege to operate a commercial motor vehicle

 

23  as directed by the federal government or its designee.

 

24        (5) For the purpose of this section only, a bond forfeiture

 

25  or a determination by a court of original jurisdiction or an

 

26  authorized administrative tribunal that a person has violated the

 

27  law is considered a conviction.

 


 1        (6) The secretary of state shall suspend or revoke a vehicle

 

 2  group designation under subsection (1) or deny, cancel, or revoke

 

 3  a hazardous material indorsement under subsection (2)

 

 4  notwithstanding a suspension, restriction, revocation, or denial

 

 5  of an operator's or chauffeur's license or vehicle group

 

 6  designation under another section of this act or a court order

 

 7  issued under another section of this act or a local ordinance

 

 8  substantially corresponding to another section of this act.

 

 9        (7) A conviction, bond forfeiture, or civil infraction

 

10  determination, or notice that a court or administrative tribunal

 

11  has found a person responsible for a violation described in this

 

12  subsection while the person was operating a noncommercial motor

 

13  vehicle counts against the person who holds a license to operate

 

14  a commercial motor vehicle the same as if the person had been

 

15  operating a commercial motor vehicle at the time of the

 

16  violation. For the purpose of this subsection, a noncommercial

 

17  motor vehicle does not include a recreational vehicle used off-

 

18  road. This subsection applies to the following state law

 

19  violations or a local ordinance substantially corresponding to

 

20  any of those violations or a law of another state or out-of-state

 

21  jurisdiction substantially corresponding to any of those

 

22  violations:

 

23        (a) Operating a vehicle in violation of section 625.

 

24        (b) Refusing to submit to a chemical test of his or her

 

25  blood, breath, or urine for the purpose of determining the amount

 

26  of alcohol or the presence of a controlled substance or both in

 

27  the person's blood, breath, or urine as required by a law or

 


 1  local ordinance of this or another state.

 

 2        (c) Leaving the scene of an accident.

 

 3        (d) Using a vehicle to commit a felony.

 

 4        (8) When determining the applicability of conditions listed

 

 5  in this section, the secretary of state shall consider only

 

 6  violations that occurred after January 1, 1990.

 

 7        (9) When determining the applicability of conditions listed

 

 8  in subsection (1)(a) or (b), the secretary of state shall count

 

 9  only from incident date to incident date.

 

10        (10) As used in this section:

 

11        (a) "Felony in which a commercial motor vehicle was used"

 

12  means a felony during the commission of which the person

 

13  convicted operated a commercial motor vehicle and while the

 

14  person was operating the vehicle 1 or more of the following

 

15  circumstances existed:

 

16        (i) The vehicle was used as an instrument of the felony.

 

17        (ii) The vehicle was used to transport a victim of the

 

18  felony.

 

19        (iii) The vehicle was used to flee the scene of the felony.

 

20        (iv) The vehicle was necessary for the commission of the

 

21  felony.

 

22        (b) "Serious traffic violation" means any of the following:

 

23        (i) A traffic violation that occurs in connection with an

 

24  accident in which a person died.

 

25        (ii) Careless Reckless driving.

 

26        (iii) Excessive speeding as defined in regulations promulgated

 

27  under 49 USC 31301 to 31317.

 


 1        (iv) Improper lane use.

 

 2        (v) Following too closely.

 

 3        (vi) Effective October 1, 2005, driving Operating a

 

 4  commercial motor vehicle without obtaining any vehicle group

 

 5  designation on the person's license.

 

 6        (vii) Effective October 1, 2005, driving Operating a

 

 7  commercial motor vehicle without either having an operator's or

 

 8  chauffeur's license in the person's possession or providing proof

 

 9  to the court, not later than the date by which the person must

 

10  appear in court or pay a fine for the violation, that the person

 

11  held a valid vehicle group designation and indorsement on the

 

12  date that the citation was issued.

 

13        (viii) Effective October 1, 2005, driving Operating a

 

14  commercial motor vehicle while in possession of an operator's or

 

15  chauffeur's license that has a vehicle group designation but does

 

16  not have the appropriate vehicle group designation or indorsement

 

17  required for the specific vehicle group being operated or the

 

18  passengers or type of cargo being transported.

 

19        (ix) Beginning October 28, 2013, a violation of section

 

20  602b(2).

 

21        (x) (ix) Any other serious traffic violation as defined in 49

 

22  CFR 383.5 or as prescribed under this act.

 

23        Sec. 319d. (1) A person, whether licensed or not, shall not

 

24  operate a commercial motor vehicle within this state with an

 

25  alcohol content of 0.015 grams or more per 100 milliliters of

 

26  blood, per 210 liters of breath, or per 67 milliliters of urine.

 

27        (2) A peace officer who has reasonable cause to believe that

 


 1  a person was operating a commercial motor vehicle within the

 

 2  state with an alcohol content of 0.015 grams or more per 100

 

 3  milliliters of blood, per 210 liters of breath, or per 67

 

 4  milliliters of urine, as measured by a preliminary chemical

 

 5  breath analysis or a chemical test provided under section 625a,

 

 6  shall order the person out-of-service immediately for 24 hours,

 

 7  which shall begin upon issuance of the order.

 

 8        (3) A peace officer shall immediately order a person who

 

 9  refuses to submit to a preliminary chemical breath analysis

 

10  requested or a chemical test provided under section 625a out-of-

 

11  service for 24 hours, which shall begin when the order is issued.

 

12        (4) A person ordered out-of-service under this section, a

 

13  local ordinance substantially corresponding to this section, or a

 

14  law or local ordinance of another state substantially

 

15  corresponding to as described in this section shall not operate a

 

16  commercial motor vehicle within this state during the 24-hour

 

17  out-of-service period.

 

18        (5) A peace officer who issues an out-of-service order under

 

19  this section shall provide for the safe and expeditious

 

20  disposition of a product carried by a commercial motor vehicle

 

21  that is hazardous or would result in damage to the vehicle, human

 

22  health, or the environment.

 

23        (6) Failure to comply with subsection (1) is not a civil

 

24  infraction or criminal violation of this act.

 

25        (7) A person who violates subsection (4) is guilty of a

 

26  misdemeanor punishable by imprisonment for not more than 90 days

 

27  or a fine of not more than $100.00, or both.

 


 1        Sec. 319f. (1) A person shall not operate a commercial motor

 

 2  vehicle in this state in violation of an out-of-service order.

 

 3        (2) Except as otherwise provided in this subsection, the

 

 4  secretary of state shall immediately suspend all vehicle group

 

 5  designations on the operator's or chauffeur's license of a person

 

 6  convicted of violating a driver out-of-service or vehicle out-of-

 

 7  service order as follows:

 

 8        (a) If the violation occurred while the person was

 

 9  transporting nonhazardous material, the vehicle group

 

10  designations shall be suspended as follows:

 

11        (i) Except as provided in subparagraphs (ii) and (iii),

 

12  suspension for not less than 90 days or more than 1 year.

 

13        (ii) If the violation is the person's second violation within

 

14  a 10-year period, suspension for not less than 1 year or more

 

15  than 5 years.

 

16        (iii) If the violation is the person's third or subsequent

 

17  violation within a 10-year period, suspension for not less than 3

 

18  years or more than 5 years.

 

19        (b) If the violation occurred while the person was

 

20  transporting hazardous materials required to be placarded under

 

21  49 CFR parts 100 to 199 or while operating a vehicle designed to

 

22  transport 16 or more passengers, including the driver, the

 

23  vehicle group designations shall be suspended as follows:

 

24        (i) Except as otherwise provided in subparagraph (ii),

 

25  suspension for not less than 180 days or more than 2 years.

 

26        (ii) For a second or subsequent violation within a 10-year

 

27  period, suspension for not less than 3 years or more than 5 years

 


 1  required under 49 CFR 383.51.

 

 2        (3) A person who violates an out-of-service order shall be

 

 3  ordered to pay a civil fine of not less than $1,100.00 or more

 

 4  than $2,750.00 as required under section 907.

 

 5        (4) As used in this section, :

 

 6        (a) "Out-of-service order" means a declaration by an

 

 7  authorized enforcement officer that a driver of a commercial

 

 8  motor vehicle as defined in subdivision (b), or a motor carrier

 

 9  operation, is out-of-service pursuant to 49 CFR 386.72, 392.5,

 

10  395.13, or 396.9, or the North American uniform out-of-service

 

11  criteria, or a law or local ordinance of a state, the United

 

12  States, Canada, Mexico, or a local jurisdiction thereof,

 

13  substantially corresponding to 49 CFR 386.72, 392.5, 395.13, or

 

14  396.9, or the North American uniform out-of-service criteria.

 

15        (b) "Commercial "commercial motor vehicle" means that term

 

16  as defined in section 7a and any motor vehicle having a GVWR or

 

17  GCWR of 10,001 pounds or more.

 

18        Sec. 319g. (1) An employer shall not knowingly allow,

 

19  permit, authorize, or require a driver to operate a commercial

 

20  motor vehicle in violation of any of the following:

 

21        (a) Section 667, 668, 669, 669a, or 670 or a federal, state,

 

22  or local law or regulation pertaining to railroad-highway grade

 

23  crossings.

 

24        (b) Motor carrier safety regulations 49 CFR 392.10 or

 

25  392.11, as adopted by section 1a of the motor carrier safety act

 

26  of 1963, 1963 PA 181, MCL 480.11a.

 

27        (c) Section 57 of the pupil transportation act, 1990 PA 187,

 


 1  MCL 257.1857.

 

 2        (d) Motor carrier safety regulations 49 CFR 392.10 or

 

 3  392.11, as adopted by section 31 of the motor bus transportation

 

 4  act, 1982 PA 432, MCL 474.131.

 

 5        (e) Motor carrier safety regulations 49 CFR 392.10 or 392.11

 

 6  while operating a commercial motor vehicle other than a vehicle

 

 7  covered under subdivision (b), (c), or (d).

 

 8        (f) Transportation security regulations 49 CFR parts 1570

 

 9  and 1572 or motor carrier safety regulations 49 CFR parts 383 and

 

10  384 that regulate who may operate a commercial motor vehicle that

 

11  is used to transport hazardous material.

 

12        (g) An A federal regulation or state law or local ordinance

 

13  pertaining to an out-of-service order.

 

14        (2) Except as otherwise provided in subdivisions (a) and (b)

 

15  for violations listed under subsection (1)(a) and (g), a person

 

16  who violates this section is responsible for a civil infraction :

 

17  and shall be ordered to pay a civil fine under section 907.

 

18        (a) An employer who violates subsection (1)(a) is

 

19  responsible for a civil infraction and liable to pay a civil fine

 

20  of not more than $10,000.00.

 

21        (b) An employer who violates subsection (1)(g) is

 

22  responsible for a civil infraction and liable to pay a civil fine

 

23  of not less than $2,750.00 or more than $11,000.00.

 

24        (3) As used in this section, "out-of-service order" means a

 

25  declaration by an authorized enforcement officer that a driver of

 

26  a commercial motor vehicle or a motor carrier operation is out-

 

27  of-service pursuant to 49 CFR 386.72, 392.5, 395.13, or 396.9, or

 


 1  the North American uniform out-of-service criteria, or a law or

 

 2  local ordinance of a state, the United States, Canada, Mexico, or

 

 3  a local jurisdiction thereof substantially corresponding to 49

 

 4  CFR 386.72, 392.5, 395.13, or 396.9, or the North American

 

 5  uniform out-of-service criteria.

 

 6        Sec. 320a. (1) The Within 5 days after receipt of a properly

 

 7  prepared abstract from a court of this state or another state,

 

 8  the secretary of state shall record the date of conviction, civil

 

 9  infraction determination, or probate court disposition, and the

 

10  number of points for each, based on the following formula, except

 

11  as otherwise provided in this section and section 629c:

 

 

12

     (a) Manslaughter, negligent homicide, or a

13

felony resulting from the operation of a motor

14

vehicle, ORV, or snowmobile............................6 points

15

     (b) A violation of section 601b(2) or (3),

16

601c(1) or (2), or 653a(3) or (4) or, beginning

17

October 31, 2010, a violation of section 601d..........6 points

18

     (c) A violation of section 625(1), (4), (5),

19

(7), or (8), section 81134 or 82127(1) of the

20

natural resources and environmental protection act,

21

1994 PA 451, MCL 324.81134 and 324.82127, or a law or

22

ordinance substantially corresponding to section

23

625(1), (4), (5), (7), or (8), or section 81134

24

or 82127(1) of the natural resources and

25

environmental protection act, 1994 PA 451,

26

MCL 324.81134 and 324.82127............................6 points

27

     (d) Failing to stop and disclose identity

28

at the scene of an accident when required by law.......6 points

29

     (e) Operating a motor vehicle in violation


1

of section 626.........................................6 points

2

     (f) Fleeing or eluding an officer.................6 points

3

     (g) A violation of section 627(9) pertaining

4

to speed in a work zone described in that section

5

by exceeding the lawful maximum by more than

6

15 miles per hour......................................5 points

7

     (h) A violation of any law other than the

8

law described in subdivision (g) or ordinance

9

pertaining to speed by exceeding the lawful

10

maximum by more than 15 miles per hour.................4 points

11

     (i) A violation of section 625(3) or (6),

12

section 81135 or 82127(3) of the natural

13

resources and environmental protection act,

14

1994 PA 451, MCL 324.81135 and 324.82127,

15

or a law or ordinance substantially corresponding

16

to section 625(3) or (6) or section 81135

17

or 82127(3) of the natural resources and

18

environmental protection act, 1994 PA 451,

19

MCL 324.81135 and 324.82127............................4 points

20

     (j) A violation of section 626a or a law

21

or ordinance substantially corresponding to

22

section 626a...........................................4 points

23

     (k) A violation of section 653a(2)................4 points

24

     (l) A violation of section 627(9) pertaining

25

to speed in a work zone described in that section

26

by exceeding the lawful maximum by more than 10

27

but not more than 15 miles per hour....................4 points

28

     (m) Beginning October 31, 2010, a

29

moving violation resulting in an at-fault

30

collision with another vehicle, a person,

31

or any other object....................................4 points


1

     (n) A violation of any law other than the

2

law described in subdivision (l) or ordinance

3

pertaining to speed by exceeding the lawful

4

maximum by more than 10 but not more than 15

5

miles per hour or careless driving in violation

6

of section 626b or a law or ordinance substantially

7

corresponding to section 626b..........................3 points

8

     (o) A violation of section 627(9) pertaining

9

to speed in a work zone described in that section

10

by exceeding the lawful maximum by 10 miles per

11

hour or less...........................................3 points

12

     (p) A violation of any law other than the law

13

described in subdivision (o) or ordinance

14

pertaining to speed by exceeding the lawful maximum

15

by 10 miles per hour or less...........................2 points

16

     (q) Disobeying a traffic signal or stop sign,

17

or improper passing....................................3 points

18

     (r) A violation of section 624a, 624b, or

19

a law or ordinance substantially corresponding to

20

section 624a or 624b...................................2 points

21

     (s) A violation of section 310e(4) or (6) or

22

a law or ordinance substantially corresponding to

23

section 310e(4) or (6).................................2 points

24

     (t) All other moving violations pertaining to

25

the operation of motor vehicles reported under

26

this section...........................................2 points

27

     (u) A refusal by a person less than 21 years of

28

age to submit to a preliminary breath test required

29

by a peace officer under section 625a..................2 points

 

 

30        (2) Points shall not be entered for a violation of section

 


 1  310e(14), 311, 602b 602b(1), 625m, 658, 710d, 717, 719, 719a, or

 

 2  723.

 

 3        (3) Points shall not be entered for bond forfeitures.

 

 4        (4) Points shall not be entered for overweight loads or for

 

 5  defective equipment.

 

 6        (5) If more than 1 conviction, civil infraction

 

 7  determination, or probate court disposition results from the same

 

 8  incident, points shall be entered only for the violation that

 

 9  receives the highest number of points under this section.

 

10        (6) If a person has accumulated 9 points as provided in this

 

11  section, the secretary of state may call the person in for an

 

12  interview as to the person's driving ability and record after due

 

13  notice as to time and place of the interview. If the person fails

 

14  to appear as provided in this subsection, the secretary of state

 

15  shall add 3 points to the person's record.

 

16        (7) If a person violates a speed restriction established by

 

17  an executive order issued during a state of energy emergency as

 

18  provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of

 

19  state shall enter points for the violation pursuant to subsection

 

20  (1).

 

21        (8) The secretary of state shall enter 6 points upon the

 

22  record of a person whose license is suspended or denied pursuant

 

23  to section 625f. However, if a conviction, civil infraction

 

24  determination, or probate court disposition results from the same

 

25  incident, additional points for that offense shall not be

 

26  entered.

 

27        (9) If a Michigan driver commits a violation in another

 


 1  state that would be a civil infraction if committed in Michigan,

 

 2  and a conviction results solely because of the failure of the

 

 3  Michigan driver to appear in that state to contest the violation,

 

 4  upon receipt of the abstract of conviction by the secretary of

 

 5  state, the violation shall be noted on the driver's record, but

 

 6  no points shall be assessed against his or her driver's license.

 

 7        Sec. 602b. (1) Except as otherwise provided in this section,

 

 8  a person shall not read, manually type, or send a text message on

 

 9  a wireless 2-way communication device that is located in the

 

10  person's hand or in the person's lap, including a wireless

 

11  telephone used in cellular telephone service or personal

 

12  communication service, while operating a motor vehicle that is

 

13  moving on a highway or street in this state. As used in this

 

14  subsection, a wireless 2-way communication device does not

 

15  include a global positioning or navigation system that is affixed

 

16  to the motor vehicle. Beginning October 28, 2013, this subsection

 

17  does not apply to a person operating a commercial vehicle.

 

18        (2) Except as otherwise provided in this section, a person

 

19  shall not read, manually type, or send a text message on a

 

20  wireless 2-way communication device that is located in the

 

21  person's hand or in the person's lap, including a wireless

 

22  telephone used in cellular telephone service or personal

 

23  communication service, while operating a commercial motor vehicle

 

24  on a highway or street in this state. As used in this subsection,

 

25  a wireless 2-way communication device does not include a global

 

26  positioning or navigation system that is affixed to the

 

27  commercial motor vehicle. This subsection applies beginning

 


 1  October 28, 2013.

 

 2        (3) (2) Subsection (1) does Subsections (1) and (2) do not

 

 3  apply to an individual who is using a device described in

 

 4  subsection (1) to do any of the following:

 

 5        (a) Report a traffic accident, medical emergency, or serious

 

 6  road hazard.

 

 7        (b) Report a situation in which the person believes his or

 

 8  her personal safety is in jeopardy.

 

 9        (c) Report or avert the perpetration or potential

 

10  perpetration of a criminal act against the individual or another

 

11  person.

 

12        (d) Carry out official duties as a police officer, law

 

13  enforcement official, member of a paid or volunteer fire

 

14  department, or operator of an emergency vehicle.

 

15        (4) (3) An individual who violates this section is

 

16  responsible for a civil infraction and shall be ordered to pay a

 

17  civil fine as follows:

 

18        (a) For a first violation, $100.00.

 

19        (b) For a second or subsequent violation, $200.00.

 

20        (5) (4) This section supersedes all local ordinances

 

21  regulating the use of a communications device while operating a

 

22  motor vehicle in motion on a highway or street, except that a

 

23  unit of local government may adopt an ordinance or enforce an

 

24  existing ordinance substantially corresponding to this section.

 

25        Sec. 605. (1) This chapter and chapter VIII apply uniformly

 

26  throughout this state and in all political subdivisions and

 

27  municipalities in the state. A local authority shall not adopt,

 


 1  enact, or enforce a local law that provides lesser penalties or

 

 2  that is otherwise in conflict with this chapter or chapter VIII.

 

 3        (2) A local law or portion of a local law that imposes a

 

 4  criminal penalty for an act or omission that is a civil

 

 5  infraction under this act, or that imposes a criminal penalty or

 

 6  civil sanction in excess of that prescribed in this act, is in

 

 7  conflict with this act and is void to the extent of the conflict.

 

 8        (3) Except for a case in which the citation is dismissed

 

 9  pursuant to subsection (4), proceeds of a civil fine imposed by a

 

10  local authority for violation of a local law regulating the

 

11  operation of a commercial motor vehicle and substantially

 

12  corresponding to a provision of this act shall be paid to the

 

13  county treasurer and allocated as follows:

 

14        (a) Seventy percent to the local unit of government in which

 

15  the citation is issued.

 

16        (b) Thirty percent for library purposes as provided by law.

 

17        (4) The owner or operator of a commercial motor vehicle

 

18  shall not be issued more than 1 citation for each violation of a

 

19  code or ordinance regulating the operation of a commercial motor

 

20  vehicle and substantially corresponding to a provision of

 

21  sections 683 to 725a of the Michigan vehicle code, 1949 PA 300,

 

22  MCL 257.683 to 257.725a, within a 24-hour period. If the owner or

 

23  operator of a commercial motor vehicle is issued a citation for

 

24  an equipment violation pursuant to section 683 that does not

 

25  result in the vehicle being placed out of service, the court

 

26  shall dismiss the citation if the owner or operator of that

 

27  commercial motor vehicle provides written proof to the court

 


 1  within 14 days after the citation is issued showing that the

 

 2  defective equipment indicated in the citation has been repaired.

 

 3        (5) As used in this section, :

 

 4        (a) "Local "local law" includes a local charter provision,

 

 5  ordinance, rule, or regulation.

 

 6        (b) "Out of service" means that process established under

 

 7  the motor carrier safety act, 1963 PA 181, MCL 480.11 to 480.22.

 

 8        Sec. 732. (1) Each municipal judge and each clerk of a court

 

 9  of record shall keep a full record of every case in which a

 

10  person is charged with or cited for a violation of this act or a

 

11  local ordinance substantially corresponding to this act

 

12  regulating the operation of vehicles on highways and with those

 

13  offenses pertaining to the operation of ORVs or snowmobiles for

 

14  which points are assessed under section 320a(1)(c) or (i). Except

 

15  as provided in subsection (16), the municipal judge or clerk of

 

16  the court of record shall prepare and forward to the secretary of

 

17  state an abstract of the court record as follows:

 

18        (a) Not more than 5 days after a conviction, forfeiture of

 

19  bail, or entry of a civil infraction determination or default

 

20  judgment upon a charge of or citation for violating or attempting

 

21  to violate this act or a local ordinance substantially

 

22  corresponding to this act regulating the operation of vehicles on

 

23  highways.

 

24        (b) Immediately for each case charging a violation of

 

25  section 625(1), (3), (4), (5), (6), (7), or (8) or section 625m

 

26  or a local ordinance substantially corresponding to section

 

27  625(1), (3), (6), or (8) or section 625m in which the charge is

 


 1  dismissed or the defendant is acquitted.

 

 2        (c) Immediately for each case charging a violation of

 

 3  section 82127(1) or (3), 81134, or 81135 of the natural resources

 

 4  and environmental protection act, 1994 PA 451, MCL 324.82127,

 

 5  324.81134, and 324.81135, or a local ordinance substantially

 

 6  corresponding to those sections.

 

 7        (2) If a city or village department, bureau, or person is

 

 8  authorized to accept a payment of money as a settlement for a

 

 9  violation of a local ordinance substantially corresponding to

 

10  this act, the city or village department, bureau, or person shall

 

11  send a full report of each case in which a person pays any amount

 

12  of money to the city or village department, bureau, or person to

 

13  the secretary of state upon a form prescribed by the secretary of

 

14  state.

 

15        (3) The abstract or report required under this section shall

 

16  be made upon a form furnished by the secretary of state. An

 

17  abstract shall be certified by signature, stamp, or facsimile

 

18  signature of the person required to prepare the abstract as

 

19  correct. An abstract or report shall include all of the

 

20  following:

 

21        (a) The name, address, and date of birth of the person

 

22  charged or cited.

 

23        (b) The number of the person's operator's or chauffeur's

 

24  license, if any.

 

25        (c) The date and nature of the violation.

 

26        (d) The type of vehicle driven at the time of the violation

 

27  and, if the vehicle is a commercial motor vehicle, that vehicle's

 


 1  group designation.

 

 2        (e) The date of the conviction, finding, forfeiture,

 

 3  judgment, or civil infraction determination.

 

 4        (f) Whether bail was forfeited.

 

 5        (g) Any license restriction, suspension, or denial ordered

 

 6  by the court as provided by law.

 

 7        (h) The vehicle identification number and registration plate

 

 8  number of all vehicles that are ordered immobilized or forfeited.

 

 9        (i) Other information considered necessary to the secretary

 

10  of state.

 

11        (4) The clerk of the court also shall forward an abstract of

 

12  the court record to the secretary of state upon a person's

 

13  conviction involving any of the following:

 

14        (a) A violation of section 413, 414, or 479a of the Michigan

 

15  penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a.

 

16        (b) A violation of section 1 of former 1931 PA 214.

 

17        (c) Negligent homicide, manslaughter, or murder resulting

 

18  from the operation of a vehicle.

 

19        (d) A violation of section sections 701(1) and 703 of the

 

20  Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701

 

21  and 436.1703, or a local ordinance substantially corresponding to

 

22  that section.those sections.

 

23        (e) A violation of section 411a(2) of the Michigan penal

 

24  code, 1931 PA 328, MCL 750.411a.

 

25        (f) A violation of motor carrier safety regulations 49 CFR

 

26  392.10 or 392.11 as adopted by section 1a of the motor carrier

 

27  safety act of 1963, 1963 PA 181, MCL 480.11a.

 


 1        (g) A violation of section 57 of the pupil transportation

 

 2  act, 1990 PA 187, MCL 257.1857.

 

 3        (h) A violation of motor carrier safety regulations 49 CFR

 

 4  392.10 or 392.11 as adopted by section 31 of the motor bus

 

 5  transportation act, 1982 PA 432, MCL 474.131.

 

 6        (i) An attempt to violate, a conspiracy to violate, or a

 

 7  violation of part 74 of the public health code, 1978 PA 368, MCL

 

 8  333.7401 to 333.7461, or a local ordinance that prohibits conduct

 

 9  prohibited under part 74 of the public health code, 1978 PA 368,

 

10  MCL 333.7401 to 333.7461, unless the convicted person is

 

11  sentenced to life imprisonment or a minimum term of imprisonment

 

12  that exceeds 1 year for the offense.

 

13        (j) An attempt to commit an offense described in

 

14  subdivisions (a) to (h).

 

15        (k) A violation of chapter LXXXIII-A of the Michigan penal

 

16  code, 1931 PA 328, MCL 750.543a to 750.543z.

 

17        (l) A violation of section 3101, 3102(1), or 3103 of the

 

18  insurance code of 1956, 1956 PA 218, MCL 500.3101, 500.3102, and

 

19  500.3103.

 

20        (m) A violation listed as a disqualifying offense under 49

 

21  CFR 383.51.

 

22        (5) The clerk of the court shall also forward an abstract of

 

23  the court record to the secretary of state if a person has pled

 

24  guilty to, or offered a plea of admission in a juvenile

 

25  proceeding for, a violation of section 703 of the Michigan liquor

 

26  control code of 1998, 1998 PA 58, MCL 436.1703, or a local

 

27  ordinance substantially corresponding to that section, and has

 


 1  had further proceedings deferred under that section. If the

 

 2  person is sentenced to a term of probation and terms and

 

 3  conditions of probation are fulfilled and the court discharges

 

 4  the individual and dismisses the proceedings, the court shall

 

 5  also report the dismissal to the secretary of state.

 

 6        (6) As used in subsections (7) to (9), "felony in which a

 

 7  motor vehicle was used" means a felony during the commission of

 

 8  which the person operated a motor vehicle and while operating the

 

 9  vehicle presented real or potential harm to persons or property

 

10  and 1 or more of the following circumstances existed:

 

11        (a) The vehicle was used as an instrument of the felony.

 

12        (b) The vehicle was used to transport a victim of the

 

13  felony.

 

14        (c) The vehicle was used to flee the scene of the felony.

 

15        (d) The vehicle was necessary for the commission of the

 

16  felony.

 

17        (7) If a person is charged with a felony in which a motor

 

18  vehicle was used, other than a felony specified in subsection (4)

 

19  or section 319, the prosecuting attorney shall include the

 

20  following statement on the complaint and information filed in

 

21  district or circuit court:

 

22        "You are charged with the commission of a felony in which a

 

23  motor vehicle was used. If you are convicted and the judge finds

 

24  that the conviction is for a felony in which a motor vehicle was

 

25  used, as defined in section 319 of the Michigan vehicle code,

 

26  1949 PA 300, MCL 257.319, your driver's license shall be

 

27  suspended by the secretary of state.".

 


 1        (8) If a juvenile is accused of an act, the nature of which

 

 2  constitutes a felony in which a motor vehicle was used, other

 

 3  than a felony specified in subsection (4) or section 319, the

 

 4  prosecuting attorney or family division of circuit court shall

 

 5  include the following statement on the petition filed in the

 

 6  court:

 

 7        "You are accused of an act the nature of which constitutes a

 

 8  felony in which a motor vehicle was used. If the accusation is

 

 9  found to be true and the judge or referee finds that the nature

 

10  of the act constitutes a felony in which a motor vehicle was

 

11  used, as defined in section 319 of the Michigan vehicle code,

 

12  1949 PA 300, MCL 257.319, your driver's license shall be

 

13  suspended by the secretary of state.".

 

14        (9) If the court determines as part of the sentence or

 

15  disposition that the felony for which the person was convicted or

 

16  adjudicated and with respect to which notice was given under

 

17  subsection (7) or (8) is a felony in which a motor vehicle was

 

18  used, the clerk of the court shall forward an abstract of the

 

19  court record of that conviction to the secretary of state.

 

20        (10) As used in subsections (11) and (12), "felony in which

 

21  a commercial motor vehicle was used" means a felony during the

 

22  commission of which the person operated a commercial motor

 

23  vehicle and while the person was operating the vehicle 1 or more

 

24  of the following circumstances existed:

 

25        (a) The vehicle was used as an instrument of the felony.

 

26        (b) The vehicle was used to transport a victim of the

 

27  felony.

 


 1        (c) The vehicle was used to flee the scene of the felony.

 

 2        (d) The vehicle was necessary for the commission of the

 

 3  felony.

 

 4        (11) If a person is charged with a felony in which a

 

 5  commercial motor vehicle was used and for which a vehicle group

 

 6  designation on a license is subject to suspension or revocation

 

 7  under section 319b(1)(c)(iii), 319b(1)(d), 319b(1)(e)(iii), or

 

 8  319b(1)(f)(i), the prosecuting attorney shall include the

 

 9  following statement on the complaint and information filed in

 

10  district or circuit court:

 

11        "You are charged with the commission of a felony in which a

 

12  commercial motor vehicle was used. If you are convicted and the

 

13  judge finds that the conviction is for a felony in which a

 

14  commercial motor vehicle was used, as defined in section 319b of

 

15  the Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle

 

16  group designations on your driver's license shall be suspended or

 

17  revoked by the secretary of state.".

 

18        (12) If the judge determines as part of the sentence that

 

19  the felony for which the defendant was convicted and with respect

 

20  to which notice was given under subsection (11) is a felony in

 

21  which a commercial motor vehicle was used, the clerk of the court

 

22  shall forward an abstract of the court record of that conviction

 

23  to the secretary of state.

 

24        (13) Every person required to forward abstracts to the

 

25  secretary of state under this section shall certify for the

 

26  period from January 1 through June 30 and for the period from

 

27  July 1 through December 31 that all abstracts required to be

 


 1  forwarded during the period have been forwarded. The

 

 2  certification shall be filed with the secretary of state not

 

 3  later than 28 days after the end of the period covered by the

 

 4  certification. The certification shall be made upon a form

 

 5  furnished by the secretary of state and shall include all of the

 

 6  following:

 

 7        (a) The name and title of the person required to forward

 

 8  abstracts.

 

 9        (b) The court for which the certification is filed.

 

10        (c) The time period covered by the certification.

 

11        (d) The following statement:

 

12        "I certify that all abstracts required by section 732 of the

 

13  Michigan vehicle code, MCL 257.732; MSA 9.2432, for the period

 

14  ________________ through ______________ have been forwarded to

 

15  the secretary of state.".

 

16        (e) Other information the secretary of state considers

 

17  necessary.

 

18        (f) The signature of the person required to forward

 

19  abstracts.

 

20        (14) The failure, refusal, or neglect of a person to comply

 

21  with this section constitutes misconduct in office and is grounds

 

22  for removal from office.

 

23        (15) Except as provided in subsection (16), the secretary of

 

24  state shall keep all abstracts received under this section at the

 

25  secretary of state's main office and the abstracts shall be open

 

26  for public inspection during the office's usual business hours.

 

27  Each abstract shall be entered upon the master driving record of

 


 1  the person to whom it pertains.

 

 2        (16) Except for controlled substance offenses described in

 

 3  subsection (4), the court shall not submit, and the secretary of

 

 4  state shall discard and not enter on the master driving record,

 

 5  an abstract for a conviction or civil infraction determination

 

 6  for any of the following violations:

 

 7        (a) The parking or standing of a vehicle.

 

 8        (b) A nonmoving violation that is not the basis for the

 

 9  secretary of state's suspension, revocation, or denial of an

 

10  operator's or chauffeur's license.

 

11        (c) A violation of chapter II that is not the basis for the

 

12  secretary of state's suspension, revocation, or denial of an

 

13  operator's or chauffeur's license.

 

14        (d) A pedestrian, passenger, or bicycle violation, other

 

15  than a violation of section 703(1) or (2) of the Michigan liquor

 

16  control code of 1998, 1998 PA 58, MCL 436.1703, or a local

 

17  ordinance substantially corresponding to section 703(1) or (2) of

 

18  the Michigan liquor control code of 1998, 1998 PA 58, MCL

 

19  436.1703, or section 624a or 624b or a local ordinance

 

20  substantially corresponding to section 624a or 624b.

 

21        (e) A violation of section 710e or a local ordinance

 

22  substantially corresponding to section 710e.

 

23        (f) A violation of section 328(1) if, before the appearance

 

24  date on the citation, the person submits proof to the court that

 

25  the motor vehicle had insurance meeting the requirements of

 

26  sections 3101 and 3102 of the insurance code of 1956, 1956 PA

 

27  218, MCL 500.3101 and 500.3102, at the time the citation was

 


 1  issued. Insurance obtained subsequent to the time of the

 

 2  violation does not make the violation an exception under this

 

 3  subsection.

 

 4        (g) A violation described in section 319b(10)(b)(vii) if,

 

 5  before the court appearance date or date fines are to be paid,

 

 6  the person submits proof to the court that he or she held a valid

 

 7  commercial driver license on the date the citation was issued.

 

 8        (h) A violation of section 311 if the person was driving a

 

 9  noncommercial vehicle and, before the court appearance date or

 

10  the date fines are to be paid, the person submits proof to the

 

11  court that he or she held a valid driver license on the date the

 

12  citation was issued.

 

13        (i) A violation of section 602b.602b(1).

 

14        (17) Except as otherwise provided in this subsection, the

 

15  secretary of state shall discard and not enter on the master

 

16  driving record an abstract for a bond forfeiture that occurred

 

17  outside this state. The secretary of state shall enter on the

 

18  master driving record an abstract for a conviction as defined in

 

19  section 8a(b) that occurred outside this state in connection with

 

20  the operation of a commercial motor vehicle or for a conviction

 

21  of a person licensed as a commercial motor vehicle driver.

 

22        (18) The secretary of state shall inform the courts of this

 

23  state of the nonmoving violations and violations of chapter II

 

24  that are used by the secretary of state as the basis for the

 

25  suspension, restriction, revocation, or denial of an operator's

 

26  or chauffeur's license.

 

27        (19) If a conviction or civil infraction determination is

 


 1  reversed upon appeal, the person whose conviction or

 

 2  determination has been reversed may serve on the secretary of

 

 3  state a certified copy of the order of reversal. The secretary of

 

 4  state shall enter the order in the proper book or index in

 

 5  connection with the record of the conviction or civil infraction

 

 6  determination.

 

 7        (20) The secretary of state may permit a city or village

 

 8  department, bureau, person, or court to modify the requirement as

 

 9  to the time and manner of reporting a conviction, civil

 

10  infraction determination, or settlement to the secretary of state

 

11  if the modification will increase the economy and efficiency of

 

12  collecting and utilizing the records. If the permitted abstract

 

13  of court record reporting a conviction, civil infraction

 

14  determination, or settlement originates as a part of the written

 

15  notice to appear, authorized in section 728(1) or 742(1), the

 

16  form of the written notice and report shall be as prescribed by

 

17  the secretary of state.

 

18        (21) Notwithstanding any other law of this state, a court

 

19  shall not take under advisement an offense committed by a person

 

20  while operating a commercial motor vehicle or by a person

 

21  licensed to drive a commercial motor vehicle while operating a

 

22  noncommercial motor vehicle at the time of the offense, for which

 

23  this act requires a conviction or civil infraction determination

 

24  to be reported to the secretary of state. A conviction or civil

 

25  infraction determination that is the subject of this subsection

 

26  shall not be masked, delayed, diverted, suspended, or suppressed

 

27  by a court. Upon a conviction or civil infraction determination,

 


 1  the conviction or civil infraction determination shall

 

 2  immediately be reported to the secretary of state in accordance

 

 3  with this section.

 

 4        (22) Except as provided in this act and notwithstanding any

 

 5  other provision of law, a court shall not order expunction of any

 

 6  violation reportable to the secretary of state under this

 

 7  section.

 

 8        Sec. 801. (1) The secretary of state shall collect the

 

 9  following taxes at the time of registering a vehicle, which shall

 

10  exempt the vehicle from all other state and local taxation,

 

11  except the fees and taxes provided by law to be paid by certain

 

12  carriers operating motor vehicles and trailers under the motor

 

13  carrier act, 1933 PA 254, MCL 475.1 to 479.43; the taxes imposed

 

14  by the motor carrier fuel tax act, 1980 PA 119, MCL 207.211 to

 

15  207.234; and except as otherwise provided by this act:

 

16        (a) For a motor vehicle, including a motor home, except as

 

17  otherwise provided, and a pickup truck or van that weighs not

 

18  more than 8,000 pounds, except as otherwise provided, according

 

19  to the following schedule of empty weights:

 

 

20

     Empty weights                                          Tax

21

     0 to 3,000 pounds..................................$   29.00

22

     3,001 to 3,500 pounds..............................    32.00

23

     3,501 to 4,000 pounds..............................    37.00

24

     4,001 to 4,500 pounds..............................    43.00

25

     4,501 to 5,000 pounds..............................    47.00

26

     5,001 to 5,500 pounds..............................    52.00

27

     5,501 to 6,000 pounds..............................    57.00


1

     6,001 to 6,500 pounds..............................    62.00

2

     6,501 to 7,000 pounds..............................    67.00

3

     7,001 to 7,500 pounds..............................    71.00

4

     7,501 to 8,000 pounds..............................    77.00

5

     8,001 to 8,500 pounds..............................    81.00

6

     8,501 to 9,000 pounds..............................    86.00

7

     9,001 to 9,500 pounds..............................    91.00

8

     9,501 to 10,000 pounds.............................    95.00

9

     over 10,000 pounds.....................$ 0.90 per 100 pounds

10

                                                  of empty weight

 

 

11        On October 1, 1983, and October 1, 1984, the tax assessed

 

12  under this subdivision shall be annually revised for the

 

13  registrations expiring on the appropriate October 1 or after that

 

14  date by multiplying the tax assessed in the preceding fiscal year

 

15  times the personal income of Michigan for the preceding calendar

 

16  year divided by the personal income of Michigan for the calendar

 

17  year that preceded that calendar year. In performing the

 

18  calculations under this subdivision, the secretary of state shall

 

19  use the spring preliminary report of the United States department

 

20  of commerce or its successor agency. A van that is owned by an

 

21  individual who uses a wheelchair or by an individual who

 

22  transports a member of his or her household who uses a wheelchair

 

23  and for which registration plates are issued under section 803d

 

24  shall be assessed at the rate of 50% of the tax provided for in

 

25  this subdivision.

 

26        (b) For a trailer coach attached to a motor vehicle, the tax

 

27  shall be assessed as provided in subdivision (l). A trailer coach

 

28  not under 1959 PA 243, MCL 125.1035 to 125.1043, and while


 

 1  located on land otherwise assessable as real property under the

 

 2  general property tax act, 1893 PA 206, MCL 211.1 to 211.155, if

 

 3  the trailer coach is used as a place of habitation, and whether

 

 4  or not permanently affixed to the soil, is not exempt from real

 

 5  property taxes.

 

 6        (c) For a road tractor, truck, or truck tractor owned by a

 

 7  farmer and used exclusively in connection with a farming

 

 8  operation, including a farmer hauling livestock or farm equipment

 

 9  for other farmers for remuneration in kind or in labor, but not

 

10  for money, or used for the transportation of the farmer and the

 

11  farmer's family, and not used for hire, 74 cents per 100 pounds

 

12  of empty weight of the road tractor, truck, or truck tractor. If

 

13  the road tractor, truck, or truck tractor owned by a farmer is

 

14  also used for a nonfarming operation, the farmer is subject to

 

15  the highest registration tax applicable to the nonfarm use of the

 

16  vehicle but is not subject to more than 1 tax rate under this

 

17  act.

 

18        (d) For a road tractor, truck, or truck tractor owned by a

 

19  wood harvester and used exclusively in connection with the wood

 

20  harvesting operations or a truck used exclusively to haul milk

 

21  from the farm to the first point of delivery, 74 cents per 100

 

22  pounds of empty weight of the road tractor, truck, or truck

 

23  tractor. A registration secured by payment of the tax prescribed

 

24  in this subdivision continues in full force and effect until the

 

25  regular expiration date of the registration. As used in this

 

26  subdivision:

 

27        (i) "Wood harvester" includes the person or persons hauling


 

 1  and transporting raw materials in the form produced at the

 

 2  harvest site or hauling and transporting wood harvesting

 

 3  equipment. Wood harvester does not include a person or persons

 

 4  whose primary activity is tree-trimming or landscaping.

 

 5        (ii) "Wood harvesting equipment" includes all of the

 

 6  following:

 

 7        (A) A vehicle that directly harvests logs or timber,

 

 8  including, but not limited to, a processor or a feller buncher.

 

 9        (B) A vehicle that directly processes harvested logs or

 

10  timber, including, but not limited to, a slasher, delimber,

 

11  processor, chipper, or saw table.

 

12        (C) A vehicle that directly processes harvested logs or

 

13  timber, including, but not limited to, a forwarder, grapple

 

14  skidder, or cable skidder.

 

15        (D) A vehicle that directly loads harvested logs or timber,

 

16  including, but not limited to, a knuckle-boom loader, front-end

 

17  loader, or forklift.

 

18        (E) A bulldozer or road grader being transported to a wood

 

19  harvesting site specifically for the purpose of building or

 

20  maintaining harvest site roads.

 

21        (iii) "Wood harvesting operations" does not include the

 

22  transportation of processed lumber, Christmas trees, or processed

 

23  firewood for a profit making venture.

 

24        (e) For a hearse or ambulance used exclusively by a licensed

 

25  funeral director in the general conduct of the licensee's funeral

 

26  business, including a hearse or ambulance whose owner is engaged

 

27  in the business of leasing or renting the hearse or ambulance to


 

 1  others, $1.17 per 100 pounds of the empty weight of the hearse or

 

 2  ambulance.

 

 3        (f) For a vehicle owned and operated by this state, a state

 

 4  institution, a municipality, a privately incorporated, nonprofit

 

 5  volunteer fire department, or a nonpublic, nonprofit college or

 

 6  university, $5.00 per plate. A registration plate issued under

 

 7  this subdivision expires on June 30 of the year in which new

 

 8  registration plates are reissued for all vehicles by the

 

 9  secretary of state.

 

10        (g) For a bus including a station wagon, carryall, or

 

11  similarly constructed vehicle owned and operated by a nonprofit

 

12  parents' transportation corporation used for school purposes,

 

13  parochial school or society, church Sunday school, or any other

 

14  grammar school, or by a nonprofit youth organization or nonprofit

 

15  rehabilitation facility; or a motor vehicle owned and operated by

 

16  a senior citizen center, $10.00, if the bus, station wagon,

 

17  carryall, or similarly constructed vehicle or motor vehicle is

 

18  designated by proper signs showing the organization operating the

 

19  vehicle.

 

20        (h) For a vehicle owned by a nonprofit organization and used

 

21  to transport equipment for providing dialysis treatment to

 

22  children at camp; for a vehicle owned by the civil air patrol, as

 

23  organized under 36 USC 40301 to 40307, $10.00 per plate, if the

 

24  vehicle is designated by a proper sign showing the civil air

 

25  patrol's name; for a vehicle owned and operated by a nonprofit

 

26  veterans center; for a vehicle owned and operated by a nonprofit

 

27  recycling center or a federally recognized nonprofit conservation


 

 1  organization; for a motor vehicle having a truck chassis and a

 

 2  locomotive or ship's body that is owned by a nonprofit veterans

 

 3  organization and used exclusively in parades and civic events; or

 

 4  for an emergency support vehicle used exclusively for emergencies

 

 5  and owned and operated by a federally recognized nonprofit

 

 6  charitable organization, $10.00 per plate.

 

 7        (i) For each truck owned and operated free of charge by a

 

 8  bona fide ecclesiastical or charitable corporation, or red cross,

 

 9  girl scout, or boy scout organization, 65 cents per 100 pounds of

 

10  the empty weight of the truck.

 

11        (j) For each truck, weighing 8,000 pounds or less, and not

 

12  used to tow a vehicle, for each privately owned truck used to tow

 

13  a trailer for recreational purposes only and not involved in a

 

14  profit making venture, and for each vehicle designed and used to

 

15  tow a mobile home or a trailer coach, except as provided in

 

16  subdivision (b), $38.00 or an amount computed according to the

 

17  following schedule of empty weights, whichever is greater:

 

 

18

     Empty weights                               Per 100 pounds

19

     0 to 2,500 pounds..............................  $     1.40

20

     2,501 to 4,000 pounds..........................        1.76

21

     4,001 to 6,000 pounds..........................        2.20

22

     6,001 to 8,000 pounds..........................        2.72

23

     8,001 to 10,000 pounds.........................        3.25

24

     10,001 to 15,000 pounds........................        3.77

25

     15,001 pounds and over.........................        4.39

 

 

26        If the tax required under subdivision (p) for a vehicle of

 


 1  the same model year with the same list price as the vehicle for

 

 2  which registration is sought under this subdivision is more than

 

 3  the tax provided under the preceding provisions of this

 

 4  subdivision for an identical vehicle, the tax required under this

 

 5  subdivision is not less than the tax required under subdivision

 

 6  (p) for a vehicle of the same model year with the same list

 

 7  price.

 

 8        (k) For each truck weighing 8,000 pounds or less towing a

 

 9  trailer or any other combination of vehicles and for each truck

 

10  weighing 8,001 pounds or more, road tractor or truck tractor,

 

11  except as provided in subdivision (j) according to the following

 

12  schedule of elected gross weights:

 

 

13

     Elected gross weight                                    Tax

14

     0 to 24,000 pounds..............................  $    491.00

15

     24,001 to 26,000 pounds.........................       558.00

16

     26,001 to 28,000 pounds.........................       558.00

17

     28,001 to 32,000 pounds.........................       649.00

18

     32,001 to 36,000 pounds.........................       744.00

19

     36,001 to 42,000 pounds.........................       874.00

20

     42,001 to 48,000 pounds.........................     1,005.00

21

     48,001 to 54,000 pounds.........................     1,135.00

22

     54,001 to 60,000 pounds.........................     1,268.00

23

     60,001 to 66,000 pounds.........................     1,398.00

24

     66,001 to 72,000 pounds.........................     1,529.00

25

     72,001 to 80,000 pounds.........................     1,660.00

26

     80,001 to 90,000 pounds.........................     1,793.00

27

     90,001 to 100,000 pounds........................     2,002.00

28

     100,001 to 115,000 pounds.......................     2,223.00

29

     115,001 to 130,000 pounds.......................     2,448.00


1

     130,001 to 145,000 pounds.......................     2,670.00

2

     145,001 to 160,000 pounds.......................     2,894.00

3

     over 160,000 pounds.............................     3,117.00

 

 

 4        For each commercial vehicle registered under this

 

 5  subdivision, $15.00 shall be deposited in a truck safety fund to

 

 6  be expended for the purposes prescribed in section 25 of 1951 PA

 

 7  51, MCL 247.675.

 

 8        If a truck or road tractor without trailer is leased from an

 

 9  individual owner-operator, the lessee, whether a person, firm, or

 

10  corporation, shall pay to the owner-operator 60% of the tax

 

11  prescribed in this subdivision for the truck tractor or road

 

12  tractor at the rate of 1/12 for each month of the lease or

 

13  arrangement in addition to the compensation the owner-operator is

 

14  entitled to for the rental of his or her equipment.

 

15        (l) For each pole trailer, semitrailer, trailer coach, or

 

16  trailer, the tax shall be assessed according to the following

 

17  schedule of empty weights:

 

 

18

     Empty weights                                           Tax

19

     0 to 2,499 pounds................................   $   75.00

20

     2,500 to 9,999 pounds............................      200.00

21

     10,000 pounds and over...........................      300.00

 

 

22        The registration plate issued under this subdivision expires

 

23  only when the secretary of state reissues a new registration

 

24  plate for all trailers. Beginning October 1, 2005, if the

 

25  secretary of state reissues a new registration plate for all

 

26  trailers, a person who has once paid the tax as increased by 2003


 

 1  PA 152 for a vehicle under this subdivision is not required to

 

 2  pay the tax for that vehicle a second time, but is required to

 

 3  pay only the cost of the reissued plate at the rate provided in

 

 4  section 804(2) for a standard plate. A registration plate issued

 

 5  under this subdivision is nontransferable.

 

 6        (m) For each commercial vehicle used for the transportation

 

 7  of passengers for hire except for a vehicle for which a payment

 

 8  is made under 1960 PA 2, MCL 257.971 to 257.972, according to the

 

 9  following schedule of empty weights:

 

 

10

     Empty weights                                  Per 100 pounds

11

     0 to 4,000 pounds.............................. $      1.76

12

     4,001 to 6,000 pounds..........................        2.20

13

     6,001 to 10,000 pounds.........................        2.72

14

     10,001 pounds and over.........................        3.25

15

     (n) For each motorcycle........................ $     23.00

 

 

16        On October 1, 1983, and October 1, 1984, the tax assessed

 

17  under this subdivision shall be annually revised for the

 

18  registrations expiring on the appropriate October 1 or after that

 

19  date by multiplying the tax assessed in the preceding fiscal year

 

20  times the personal income of Michigan for the preceding calendar

 

21  year divided by the personal income of Michigan for the calendar

 

22  year that preceded that calendar year. In performing the

 

23  calculations under this subdivision, the secretary of state shall

 

24  use the spring preliminary report of the United States department

 

25  of commerce or its successor agency.

 

26        Beginning January 1, 1984, the registration tax for each


 

 1  motorcycle is increased by $3.00. The $3.00 increase is not part

 

 2  of the tax assessed under this subdivision for the purpose of the

 

 3  annual October 1 revisions but is in addition to the tax assessed

 

 4  as a result of the annual October 1 revisions. Beginning January

 

 5  1, 1984, $3.00 of each motorcycle fee shall be placed in a

 

 6  motorcycle safety fund in the state treasury and shall be used

 

 7  only for funding the motorcycle safety education program as

 

 8  provided for under sections 312b and 811a.

 

 9        (o) For each truck weighing 8,001 pounds or more, road

 

10  tractor, or truck tractor used exclusively as a moving van or

 

11  part of a moving van in transporting household furniture and

 

12  household effects or the equipment or those engaged in conducting

 

13  carnivals, at the rate of 80% of the schedule of elected gross

 

14  weights in subdivision (k) as modified by the operation of that

 

15  subdivision.

 

16        (p) After September 30, 1983, each motor vehicle of the 1984

 

17  or a subsequent model year as shown on the application required

 

18  under section 217 that has not been previously subject to the tax

 

19  rates of this section and that is of the motor vehicle category

 

20  otherwise subject to the tax schedule described in subdivision

 

21  (a), and each low-speed vehicle according to the following

 

22  schedule based upon registration periods of 12 months:

 

23        (i) Except as otherwise provided in this subdivision, for the

 

24  first registration that is not a transfer registration under

 

25  section 809 and for the first registration after a transfer

 

26  registration under section 809, according to the following

 

27  schedule based on the vehicle's list price:


 

 

1

     List Price                                               Tax

2

     $ 0 - $ 6,000.00................................    $    30.00

3

     More than $ 6,000.00 - $ 7,000.00...............    $    33.00

4

     More than $ 7,000.00 - $ 8,000.00...............    $    38.00

5

     More than $ 8,000.00 - $ 9,000.00...............    $    43.00

6

     More than $ 9,000.00 - $ 10,000.00..............    $    48.00

7

     More than $ 10,000.00 - $ 11,000.00.............    $    53.00

8

     More than $ 11,000.00 - $ 12,000.00.............    $    58.00

9

     More than $ 12,000.00 - $ 13,000.00.............    $    63.00

10

     More than $ 13,000.00 - $ 14,000.00.............    $    68.00

11

     More than $ 14,000.00 - $ 15,000.00.............    $    73.00

12

     More than $ 15,000.00 - $ 16,000.00.............    $    78.00

13

     More than $ 16,000.00 - $ 17,000.00.............    $    83.00

14

     More than $ 17,000.00 - $ 18,000.00.............    $    88.00

15

     More than $ 18,000.00 - $ 19,000.00.............    $    93.00

16

     More than $ 19,000.00 - $ 20,000.00.............    $    98.00

17

     More than $ 20,000.00 - $ 21,000.00.............    $   103.00

18

     More than $ 21,000.00 - $ 22,000.00.............    $   108.00

19

     More than $ 22,000.00 - $ 23,000.00.............    $   113.00

20

     More than $ 23,000.00 - $ 24,000.00.............    $   118.00

21

     More than $ 24,000.00 - $ 25,000.00.............    $   123.00

22

     More than $ 25,000.00 - $ 26,000.00.............    $   128.00

23

     More than $ 26,000.00 - $ 27,000.00.............    $   133.00

24

     More than $ 27,000.00 - $ 28,000.00.............    $   138.00

25

     More than $ 28,000.00 - $ 29,000.00.............    $   143.00

26

     More than $ 29,000.00 - $ 30,000.00.............    $   148.00

 

 

27        More than $30,000.00, the tax of $148.00 is increased by

 

28  $5.00 for each $1,000.00 increment or fraction of a $1,000.00

 

29  increment over $30,000.00. If a current tax increases or


 

 1  decreases as a result of 1998 PA 384, only a vehicle purchased or

 

 2  transferred after January 1, 1999 shall be assessed the increased

 

 3  or decreased tax.

 

 4        (ii) For the second registration, 90% of the tax assessed

 

 5  under subparagraph (i).

 

 6        (iii) For the third registration, 90% of the tax assessed

 

 7  under subparagraph (ii).

 

 8        (iv) For the fourth and subsequent registrations, 90% of the

 

 9  tax assessed under subparagraph (iii).

 

10        For a vehicle of the 1984 or a subsequent model year that

 

11  has been previously registered by a person other than the person

 

12  applying for registration or for a vehicle of the 1984 or a

 

13  subsequent model year that has been previously registered in

 

14  another state or country and is registered for the first time in

 

15  this state, the tax under this subdivision shall be determined by

 

16  subtracting the model year of the vehicle from the calendar year

 

17  for which the registration is sought. If the result is zero or a

 

18  negative figure, the first registration tax shall be paid. If the

 

19  result is 1, 2, or 3 or more, then, respectively, the second,

 

20  third, or subsequent registration tax shall be paid. A van that

 

21  is owned by an individual who uses a wheelchair or by an

 

22  individual who transports a member of his or her household who

 

23  uses a wheelchair and for which registration plates are issued

 

24  under section 803d shall be assessed at the rate of 50% of the

 

25  tax provided for in this subdivision.

 

26        (q) For a wrecker, $200.00.

 

27        (r) When the secretary of state computes a tax under this


 

 1  section, a computation that does not result in a whole dollar

 

 2  figure shall be rounded to the next lower whole dollar when the

 

 3  computation results in a figure ending in 50 cents or less and

 

 4  shall be rounded to the next higher whole dollar when the

 

 5  computation results in a figure ending in 51 cents or more,

 

 6  unless specific taxes are specified, and the secretary of state

 

 7  may accept the manufacturer's shipping weight of the vehicle

 

 8  fully equipped for the use for which the registration application

 

 9  is made. If the weight is not correctly stated or is not

 

10  satisfactory, the secretary of state shall determine the actual

 

11  weight. Each application for registration of a vehicle under

 

12  subdivisions (j) and (m) shall have attached to the application a

 

13  scale weight receipt of the vehicle fully equipped as of the time

 

14  the application is made. The scale weight receipt is not

 

15  necessary if there is presented with the application a

 

16  registration receipt of the previous year that shows on its face

 

17  the weight of the motor vehicle as registered with the secretary

 

18  of state and that is accompanied by a statement of the applicant

 

19  that there has not been a structural change in the motor vehicle

 

20  that has increased the weight and that the previous registered

 

21  weight is the true weight.

 

22        (2) A manufacturer is not exempted under this act from

 

23  paying ad valorem taxes on vehicles in stock or bond, except on

 

24  the specified number of motor vehicles registered. A dealer is

 

25  exempt from paying ad valorem taxes on vehicles in stock or bond.

 

26        (3) Until October 1, 2011, 2015, the tax for a vehicle with

 

27  an empty weight over 10,000 pounds imposed under subsection


 

 1  (1)(a) and the taxes imposed under subsection (1)(c), (d), (e),

 

 2  (f), (i), (j), (m), (o), and (p) are each increased as follows:

 

 3        (a) A regulatory fee of $2.25 that shall be credited to the

 

 4  traffic law enforcement and safety fund created in section 819a

 

 5  and used to regulate highway safety.

 

 6        (b) A fee of $5.75 that shall be credited to the

 

 7  transportation administration collection fund created in section

 

 8  810b.

 

 9        (4) If a tax required to be paid under this section is not

 

10  received by the secretary of state on or before the expiration

 

11  date of the registration plate, the secretary of state shall

 

12  collect a late fee of $10.00 for each registration renewed after

 

13  the expiration date. An application for a renewal of a

 

14  registration using the regular mail and postmarked before the

 

15  expiration date of that registration shall not be assessed a late

 

16  fee. The late fee collected under this subsection shall be

 

17  deposited into the general fund.

 

18        (5) As used in this section:

 

19        (a) "Gross proceeds" means that term as defined in section 1

 

20  of the general sales tax act, 1933 PA 167, MCL 205.51, and

 

21  includes the value of the motor vehicle used as part payment of

 

22  the purchase price as that value is agreed to by the parties to

 

23  the sale, as evidenced by the signed agreement executed under

 

24  section 251.

 

25        (b) "List price" means the manufacturer's suggested base

 

26  list price as published by the secretary of state, or the

 

27  manufacturer's suggested retail price as shown on the label


 

 1  required to be affixed to the vehicle under 15 USC 1232, if the

 

 2  secretary of state has not at the time of the sale of the vehicle

 

 3  published a manufacturer's suggested retail price for that

 

 4  vehicle, or the purchase price of the vehicle if the

 

 5  manufacturer's suggested base list price is unavailable from the

 

 6  sources described in this subdivision.

 

 7        (c) "Purchase price" means the gross proceeds received by

 

 8  the seller in consideration of the sale of the motor vehicle

 

 9  being registered.

 

10        Sec. 801g. (1) Notwithstanding section 801(1)(j) or

 

11  801(1)(k), for a truck, truck tractor, or road tractor engaged in

 

12  interstate commerce, for which a registration fee otherwise would

 

13  be provided in section 801(1)(j) or 801(1)(k), the fee may be

 

14  apportioned under the international registration plan according

 

15  to the miles traveled in this state in relation to the total

 

16  miles traveled by the vehicle, if the apportionment is permitted

 

17  by a reciprocal compact, agreement, or other arrangement entered

 

18  into by the Michigan highway reciprocity board.

 

19        (2) For the purposes of this section, "international

 

20  registration plan" means a method of licensing trucks and bus

 

21  fleets proportionally among 2 or more member jurisdictions and

 

22  includes an apportioned fee that is determined according to the

 

23  fleet's percentage of miles generated in the various

 

24  jurisdictions. Upon payment of the apportioned fee there shall be

 

25  issued 1 registration plate and 1 cab card for each vehicle with

 

26  the cab card indicating the jurisdictions in which the unit is

 

27  registered and the registered weight for each jurisdiction.


 

 1        (3) If the apportionment is permitted, and if at the time of

 

 2  purchase a person elects to have the fees apportioned and the

 

 3  registration is valid for at least 12 months, the annual

 

 4  international registration plan plates may be purchased by paying

 

 5  any out of state portion and 1/2 the amount apportioned for

 

 6  Michigan fees and an extra $10.00 service fee per vehicle upon

 

 7  purchase and the balance within 180 days before the date of

 

 8  expiration. The secretary of state shall notify a person who has

 

 9  elected to use the installment option of this subsection

 

10  informing the person of the amount due and of the penalties that

 

11  shall be imposed if payment is not received within 180 days

 

12  before the date of expiration. If a person is once late on paying

 

13  the balance, a penalty of 25% of the outstanding balance shall be

 

14  assessed and collected in addition to the fee. and that person

 

15  shall not be eligible If a person is twice late in paying the

 

16  balance within a 2-year period, then a penalty of 25% of the

 

17  outstanding balance shall be assessed and collected in addition

 

18  to the fee, and the person is ineligible to elect the

 

19  apportionment payment plan for the next 2 registration years

 

20  following the year of the delinquency. The penalty shall be 25%

 

21  of the outstanding balance. The secretary of state shall suspend

 

22  the registration of any vehicle for which the registration fee is

 

23  not paid in full and transmit a statement of the delinquent

 

24  balance, including the penalty, to the department of treasury for

 

25  collection.

 

26        (4) If a person surrenders a registration plate purchased

 

27  under section 801(1)(j) or 801(1)(k) for a registration under


 

 1  this section for the same vehicle, the apportioned fee for the

 

 2  exchange registration shall bear the same relationship to the fee

 

 3  required under this section for a 12-month registration as the

 

 4  length of time the exchange registration bears to 12 months.

 

 5  Partial months shall be considered as whole months in the

 

 6  calculation of the required fee and in the determination of the

 

 7  length of time between the application for a registration and the

 

 8  last day of the month of expiration. The calculation shall

 

 9  include any refund as a credit provided for in section 801b(8).

 

10  The fee required for the registration shall be rounded off to

 

11  whole dollars as provided in section 801.

 

12        (5) If a person does not surrender a registration plate

 

13  purchased under section 801(1)(j) or 801(1)(k) for a registration

 

14  under this section, the apportioned fee shall be determined as

 

15  provided for in this section except the apportioned fee for a

 

16  registration purchased shall bear the same relationship to the

 

17  fee required under this section for a 12-month registration as

 

18  the length of time the registration bears to 12 months. Partial

 

19  months shall be considered as whole months in the calculation of

 

20  the required fee and in the determination of the length of time

 

21  between the application for a registration and the last day of

 

22  the month of expiration. The fee required for this registration

 

23  shall be rounded off to whole dollars as provided in section 801.

 

24  Fees under this subsection shall not be prorated for less than 6

 

25  months.

 

26        (6) Upon proper application for registration of a vehicle

 

27  under this section, the secretary of state may issue a temporary


 

 1  registration which shall be valid for not more than 45 days from

 

 2  the date of issuance.

 

 3        (7) The secretary of state may designate an owner or

 

 4  registrant having a fleet of motor vehicles currently registered

 

 5  under this section to act as an agent for the secretary of state

 

 6  for the purpose of issuing to himself or herself a temporary

 

 7  registration. Upon issuance of a temporary registration an agent

 

 8  shall make proper application for an international registration

 

 9  plan registration to the secretary of state within 5 days after

 

10  issuance of the temporary registration.

 

11        (8) An owner issued a temporary registration under this

 

12  section shall be is liable for the fees provided in this section.

 

13        (9) If the owner of a vehicle for which a temporary

 

14  registration is issued pursuant to under this subsection section

 

15  fails to pay the registration fee as required in this section,

 

16  the secretary of state shall suspend the registrations of all

 

17  vehicles registered by that owner under this section. The

 

18  registrations shall remain suspended until payment of the fee is

 

19  made.paid.

 

20        Sec. 802. (1) For a special registration issued as provided

 

21  for in section 226(8), there shall be paid 1/2 the tax imposed

 

22  under section 801 and in addition a service fee of $10.00.

 

23        (2) For all commercial vehicles registered after August 31

 

24  for the period expiring the last day of February, a tax of 1/2

 

25  the rate otherwise imposed by under this act shall be collected.

 

26  This subsection does not apply to vehicles registered by

 

27  manufacturers or dealers under sections 244 to 247.


 

 1        (3) For each special registration as provided for in section

 

 2  226(9), a service fee of $10.00 shall be collected.

 

 3        (4) For temporary registration plates or markers as provided

 

 4  for in section 226a(1), a service fee of $5.00 for each group of

 

 5  5 of those temporary registration plates or markers shall be

 

 6  collected.

 

 7        (5) For a temporary registration as provided in section

 

 8  226b, the fee shall be either of the following:

 

 9        (a) For a 30-day temporary registration, 1/10 of the fee tax

 

10  prescribed under section 801 or $20.00, whichever is greater, and

 

11  an additional $10.00 service fee.

 

12        (b) For a 60-day temporary registration, 1/5 of the fee tax

 

13  prescribed under section 801 or $40.00, whichever is greater, and

 

14  an additional $10.00 service fee.

 

15        (6) For registration plates as provided for in section

 

16  226a(5), (6), and (7), a service fee of $40.00 for 2 registration

 

17  plates and $20.00 for each additional registration plate shall be

 

18  collected.

 

19        (7) For special registrations issued for special mobile

 

20  equipment as provided in section 216(d), a service fee of $15.00

 

21  each for the first 3 special registrations, and $5.00 for each

 

22  special registration issued in excess of the first 3 shall be

 

23  collected.

 

24        (8) The secretary of state, upon request, may issue a

 

25  registration valid for 3 months for use on a vehicle with an

 

26  elected gross weight of 24,000 pounds or greater on the payment

 

27  of 1/4 the full registration fee tax provided in section


 

 1  801(1)(k) and in addition a service fee of $10.00.

 

 2        (9) Upon application to the secretary of state, an owner of

 

 3  a truck, truck tractor, or road tractor that is used exclusively

 

 4  for the purpose of gratuitously transporting farm crops or

 

 5  livestock bedding between the field where produced and the place

 

 6  of storage, feed from on-farm storage to an on-farm feeding site,

 

 7  or fertilizer, seed, or spray material from the farm location to

 

 8  the field may obtain a special registration. The service fee for

 

 9  each special registration issued under this subsection shall be

 

10  $20.00. The special registration shall be valid for a period of

 

11  up to 12 months and shall expire on December 31. As used in this

 

12  subsection:

 

13        (a) "Feed" means hay or silage.

 

14        (b) "Livestock bedding" means straw, sawdust, or sand.

 

15        (10) The secretary of state, upon request, may issue a

 

16  special registration valid for 3 or more months for a road

 

17  tractor, truck, or truck tractor owned by a farmer, if the motor

 

18  vehicle is used exclusively in connection with the farmer's

 

19  farming operations or for the transportation of the farmer and

 

20  the farmer's family and not used for hire. The fee for the

 

21  registration shall be 1/10 of the fee tax provided in section

 

22  801(1)(c) times the number of months for which the special

 

23  registration is requested and, in addition, a service fee of

 

24  $10.00. No special registration shall be issued for a motor

 

25  vehicle for which the fee tax under section 801(1)(c) would be

 

26  less than $50.00.

 

27        (11) The secretary of state, upon request, may issue a


 

 1  registration valid for 3 months or more for use on a vehicle with

 

 2  an elected gross weight of 24,000 pounds or greater. The fee for

 

 3  the registration shall be 1/12 of the fee tax provided in section

 

 4  801(1)(k), times the number of months for which the special

 

 5  registration is requested and, in addition, a service fee of

 

 6  $10.00.

 

 7        (12) The service fees collected under subsections (1), (3),

 

 8  (4), (5), (6), (7), (8), (9), (10), and (11) shall be deposited

 

 9  in the transportation administration collection fund created in

 

10  section 810b through October 1, 2011.2015.

 

11        Sec. 803b. (1) The secretary of state may issue 1

 

12  personalized vehicle registration plate which that shall be used

 

13  on the passenger motor vehicle, pick-up truck, motorcycle, van,

 

14  motor home, hearse, bus, trailer coach, or trailer for which the

 

15  plate is issued instead of a standard plate. Personalized plates

 

16  shall bear letters and numbers as the secretary of state

 

17  prescribes. The secretary of state shall not issue a letter

 

18  combination which that might carry a connotation offensive to

 

19  good taste and decency. The personalized plates shall be made of

 

20  the same material as standard plates. Personalized plates shall

 

21  not be a duplication of another registration plate.

 

22        (2) An application for a personalized registration plate

 

23  shall be submitted to the secretary of state pursuant to under

 

24  section 217. Application for an original personalized

 

25  registration plate shall be accompanied with payment of a service

 

26  fee of $8.00 for the first month and of $2.00 per month for each

 

27  additional month of the registration period in addition to the


 

 1  regular vehicle registration fee. A second duplicate registration

 

 2  plate may be obtained by requesting that option on the

 

 3  application and paying an additional service fee of $5.00. The

 

 4  original and duplicate service fees shall be deposited in the

 

 5  transportation administration collection fund created in section

 

 6  810b through October 1, 2011. 2015. Application for the renewal

 

 7  of a personalized registration plate shall be accompanied with

 

 8  payment of a service fee of $15.00 in addition to the regular

 

 9  vehicle registration fee. The service fee shall be credited to

 

10  the Michigan transportation fund established under, and shall be

 

11  allocated pursuant to as prescribed under, section 10 of 1951 PA

 

12  51, MCL 247.660. The amount allocated to the state trunk line

 

13  fund established under section 11 of 1951 PA 51, MCL 247.661,

 

14  shall be used by the state transportation department for litter

 

15  pickup and cleanup on state roads and rights of way.

 

16        (3) The expiration date for a personalized registration

 

17  plate shall be pursuant to as prescribed under section 226. Upon

 

18  the issuance or renewal of a personalized registration plate, the

 

19  secretary of state may issue a tab or tabs designating the month

 

20  and year of expiration. Upon the renewal of a personalized

 

21  registration plate, the secretary of state shall issue a new tab

 

22  or tabs for the rear plate designating the next expiration date

 

23  of the plate. Upon renewal, the secretary of state shall not

 

24  issue the owner a new exact duplicate of the expired plate unless

 

25  the plate is illegible and the owner pays the service fee and

 

26  registration fee for an original personalized registration plate.

 

27        (4) The sequence of letters or numbers or combination of


 

 1  letters and numbers on a personalized plate shall not be given to

 

 2  a different person in a subsequent year unless the person to whom

 

 3  the plate was issued does not reapply before the expiration date

 

 4  of the plate.

 

 5        (5) An applicant who applies for a registration plate under

 

 6  section 217d, 803e, 803f, 803j, 803k, 803l, 803n, or 803o is

 

 7  eligible to request, and the secretary of state may issue, the

 

 8  registration plate with a sequence of letters and numbers

 

 9  otherwise authorized under this section.

 

10        (6) The secretary of state may issue a temporary permit to a

 

11  person who has submitted an application and the proper fees for a

 

12  personalized registration plate if the applicant's vehicle

 

13  registration may expire prior to receipt of his or her

 

14  personalized registration plate. The temporary registration shall

 

15  be valid for not more than 60 days after the date of issuance.

 

16  The temporary permit shall be issued without a fee.

 

17        Sec. 803r. The service fees collected under sections 803e,

 

18  803f, 803i, 803j, 803k, 803l, 803m, 803n, and 803o shall be

 

19  deposited into the transportation administration collection fund

 

20  created under section 810b through October 1, 2011.2015.

 

21        Sec. 804. (1) In addition to any other fees required under

 

22  this act, a $5.00 service fee shall be paid with each application

 

23  for each distinctive or commemorative plate provided for in this

 

24  act to cover manufacturing and issuance costs unless these costs

 

25  are otherwise specifically provided for in this act.

 

26        (2) Each applicant for a duplicate or replacement license

 

27  plate provided for in this act shall pay the following service


 

 1  fee to the secretary of state, in addition to any other fees

 

 2  required under this act:

 

 3        (a) Five dollars for a standard or graphic standard plate,

 

 4  personalized registration plate, veterans special registration

 

 5  plate, or other registration plate for which the duplicate or

 

 6  replacement fee has not been specified in this act.

 

 7        (b) Ten dollars for a set of plates provided for in section

 

 8  803m.

 

 9        (c) Ten dollars for each fund-raising registration plate

 

10  issued under section 811e or 811f, or collector plate described

 

11  in section 811g.

 

12        (3) The service fees collected under this section shall be

 

13  deposited in the transportation administration collection fund

 

14  created in section 810b through October 1, 2011.2015.

 

15        Sec. 806. (1) Until October 1, 2011, 2015, a fee of $10.00

 

16  shall accompany each application for a certificate of title

 

17  required by this act or for a duplicate of a certificate of

 

18  title. An additional fee of $5.00 shall accompany an application

 

19  if the applicant requests that the application be given special

 

20  expeditious treatment. A $3.00 service fee shall be collected, in

 

21  addition to the other fees collected under this subsection, for

 

22  each title issued and shall be deposited in the transportation

 

23  administration collection fund created under section 810b through

 

24  October 1, 2011. 2015. The $5.00 expeditious treatment fee

 

25  collected on and after October 1, 2004 through October 1, 2011

 

26  2015 shall be deposited into the transportation administration

 

27  collection fund created under section 810b.


 

 1        (2) A fee of $10.00 shall accompany an application for a

 

 2  special identifying number as provided in section 230.

 

 3        (3) In addition to paying the fees required by subsection

 

 4  (1), until December 31, 2012, 2015, each person who applies for a

 

 5  certificate of title, a salvage vehicle certificate of title, or

 

 6  a scrap certificate of title under this act shall pay a tire

 

 7  disposal surcharge of $1.50 for each certificate of title or

 

 8  duplicate of a certificate of title that person receives. The

 

 9  secretary of state shall deposit money received under this

 

10  subsection into the scrap tire regulatory fund created in section

 

11  16908 of the natural resources and environmental protection act,

 

12  1994 PA 451, MCL 324.16908.

 

13        Sec. 809. (1) An application for transfer of registration

 

14  from a vehicle subject to section 801(1)(a) to another vehicle

 

15  subject to that section shall be accompanied by a fee of $8.00.

 

16  In addition to the fee of $8.00, if the registration is

 

17  transferred from a passenger vehicle to a motor home and if the

 

18  registration fee for the motor home is greater than the fee paid

 

19  upon registration of the vehicle from which the registration was

 

20  removed, then the difference in fee shall be paid by the

 

21  applicant. If the fee is less than that paid for the registration

 

22  of the vehicle from which the plates were removed, the difference

 

23  shall not be refunded. The fees required by this subsection shall

 

24  be considered to include all fees or charges imposed by this act

 

25  for the transfer of registration, except those which may be

 

26  assessed under section 234.

 

27        (2) An application for a transfer of registration, other


 

 1  than a transfer described in subsection (1), shall be accompanied

 

 2  by a fee of $8.00. In addition to the fee of $8.00, if the

 

 3  registration plates are transferred to another vehicle, as

 

 4  provided in section 233, and if the registration plate fee for a

 

 5  12-month registration for the vehicle to which the registration

 

 6  is transferred is greater than the registration plate fee paid

 

 7  upon registration of the vehicle from which the registration was

 

 8  removed, then the difference shall be paid by the applicant for

 

 9  the new registration. If the fee is less than that paid for

 

10  registration of the vehicle from which the registration was

 

11  removed, the difference shall not be refunded.

 

12        (3) A transfer of registration fee collected under this

 

13  section on and after October 1, 2004 through October 1, 2011 2015

 

14  shall be deposited into the transportation administration

 

15  collection fund created under section 810b.

 

16        Sec. 811e. (1) The secretary of state may develop a fund-

 

17  raising plate as provided in this section.

 

18        (2) A start-up fee of $15,000.00 shall be paid for any new

 

19  fund-raising plate authorized under this section. The fee shall

 

20  be deposited in the transportation administration collection fund

 

21  through October 1, 2015 to be used for the cost of creating,

 

22  producing, and issuing fund-raising plates. If the fee described

 

23  in this subsection is not paid within 18 months after the

 

24  effective date of the public act that authorizes the development

 

25  and issuance of a fund-raising plate, the related fund-raising

 

26  plate shall not be created, produced, or issued. A start-up fee

 

27  paid under this subsection is nonrefundable.


 

 1        (3) Not less than 3 years after the secretary of state first

 

 2  issues 1 of the fund-raising plates as described in subsection

 

 3  (1) and upon payment of $2,000.00, the Michigan university or

 

 4  other person sponsoring that fund-raising plate may redesign it

 

 5  as approved by the secretary of state. The payment required under

 

 6  this subsection shall be deposited in the transportation

 

 7  administration collection fund created under section 810b through

 

 8  October 1, 2015 to be used for the cost of creating, producing,

 

 9  and issuing fund-raising plates. A payment under this subsection

 

10  is nonrefundable.

 

11        (4) The secretary of state may develop 1 or more limited

 

12  term registration plates to recognize a Michigan university or an

 

13  accomplishment or occasion of a Michigan university.

 

14        (5) The secretary of state may develop different state-

 

15  sponsored fund-raising plates as described in this section, and

 

16  matching state-sponsored collector plates as described in section

 

17  811g.

 

18        (6) The secretary of state shall not develop or issue a

 

19  fund-raising plate unless a public act authorizing the fund-

 

20  raising plate, at a minimum, does all of the following:

 

21        (a) Identifies the purpose of the fund-raising plate.

 

22        (b) Creates a nonprofit fund or designates an existing

 

23  nonprofit fund to receive the money raised through the sale of

 

24  fund-raising plates and matching collector plates.

 

25        (c) If a fund is created, names the person or entity

 

26  responsible for administering the fund.

 

27        Sec. 811h. (1) Each service fee collected under sections


 

 1  811f and 811g shall be credited to the transportation

 

 2  administration collection fund created under section 810b through

 

 3  October 1, 2011.2015.

 

 4        (2) The secretary of state shall identify and segregate the

 

 5  fund-raising donations collected under sections 811f and 811g

 

 6  into separate accounts. The secretary of state shall create a

 

 7  separate account for each fund-raising plate and its collector

 

 8  plates issued or sold by the secretary of state.

 

 9        (3) As determined necessary by the secretary of state but

 

10  not more than 45 days after the end of each calendar quarter, the

 

11  secretary of state shall not less than once each calendar quarter

 

12  authorize the disbursement of fund-raising donations segregated

 

13  under subsection (2) and, independent from any disbursement under

 

14  subsection (2), report the number of each type of fund-raising

 

15  and collector plates issued, sold, or renewed to the following,

 

16  as appropriate:

 

17        (a) The treasurer of a Michigan university.

 

18        (b) The person or entity identified in a public act pursuant

 

19  to section 811e to administer a state-sponsored fund-raising

 

20  registration plate fund.

 

21        (c) The sponsor of a fund-raising plate issued as prescribed

 

22  under section 811e that was developed and issued after the

 

23  effective date of the amendatory act that added this

 

24  subdivision.January 1, 2007.

 

25        (4) A fund-raising plate created after the effective date of

 

26  the amendatory act that added this subsection January 1, 2007

 

27  shall meet or exceed the following sales goals:


 

 1        (a) In the first year, 2,000 plates.

 

 2        (b) In the second and each subsequent year for 5 years, 500

 

 3  original plates.

 

 4        (5) The secretary of state may cease to issue a fund-raising

 

 5  plate or to issue a duplicate replacement of a fund-raising plate

 

 6  for use on a vehicle if that fund-raising plate fails to meet a

 

 7  sales goal described in subsection (4). The secretary of state

 

 8  may also cease to sell a collector plate that matches the

 

 9  discontinued fund-raising plate. However, the secretary of state

 

10  may continue to renew fund-raising plates already issued and

 

11  collect the renewal fund-raising donation for those plates.

 

12        (6) The state of Michigan, through the secretary of state,

 

13  shall own all right, title, and interest in all fund-raising

 

14  plates and collector plates, including the right to use,

 

15  reproduce, or distribute a fund-raising or collector plate or the

 

16  image of a fund-raising or collector plate in any form. The

 

17  secretary of state may authorize the commercial or other use of a

 

18  fund-raising or collector plate design, logo, or image if written

 

19  consent is obtained from the pertinent Michigan university or

 

20  other person that sponsored a fund-raising plate. However, the

 

21  secretary of state shall not authorize the commercial or other

 

22  use of a fund-raising or collector plate under this section

 

23  unless the user first agrees in writing to the terms and

 

24  conditions that the secretary of state considers necessary. Those

 

25  terms and conditions may include the payment of royalty fees to 1

 

26  or more of the following:

 

27        (a) This state.


 

 1        (b) A Michigan university.

 

 2        (c) Another person that sponsored a fund-raising plate.

 

 3        (7) A royalty fee paid to this state under a written

 

 4  agreement described in subsection (6) shall be credited to the

 

 5  transportation administration collection fund created under

 

 6  section 810b through October 1, 2011.2015.

 

 7        (8) Beginning not later than February 1, 2007, and annually

 

 8  after that, an organization receiving fund-raising donations

 

 9  disbursed under this section shall report to the state treasurer.

 

10  A report under this subsection shall include a summary of

 

11  expenditures during the preceding year of the money received

 

12  under this section.

 

13        Sec. 907. (1) A violation of this act, or a local ordinance

 

14  substantially corresponding to a provision of this act, that is

 

15  designated a civil infraction shall not be considered a lesser

 

16  included offense of a criminal offense.

 

17        (2) If a person is determined pursuant to sections 741 to

 

18  750 to be responsible or responsible "with explanation" for a

 

19  civil infraction under this act or a local ordinance

 

20  substantially corresponding to a provision of this act, the judge

 

21  or district court magistrate may order the person to pay a civil

 

22  fine of not more than $100.00 and costs as provided in subsection

 

23  (4). However, beginning October 31, 2010, if the civil infraction

 

24  was a moving violation that resulted in an at-fault collision

 

25  with another vehicle, a person, or any other object, the civil

 

26  fine ordered under this section shall be increased by $25.00 but

 

27  the total civil fine shall not exceed $100.00. However, for a


Senate Bill No. 495 (H-1) as amended September 28, 2011

 

 1  violation of section 602b, the person shall be ordered to pay

 

 2  costs as provided in subsection (4) and a civil fine of $100.00

 

 3  for a first offense and $200.00 for a second or subsequent

 

 4  offense. For a violation of section 674(1)(s) or a local

 

 5  ordinance substantially corresponding to section 674(1)(s), the

 

 6  person shall be ordered to pay costs as provided in subsection

 

 7  (4) and a civil fine of not less than $100.00 or more than

 

 8  $250.00. For a violation of section 328, the civil fine ordered

 

 9  under this subsection shall be not more than $50.00. For a

 

10  violation of section 710d, the civil fine ordered under this

 

11  subsection shall not exceed $10.00. For a violation of section

 

12  710e, the civil fine and court costs ordered under this

 

13  subsection shall be $25.00. For a violation of section 682 or a

 

14  local ordinance substantially corresponding to section 682, the

 

15  person shall be ordered to pay costs as provided in subsection

 

16  (4) and a civil fine of not less than $100.00 or more than

 

17  $500.00. For a violation of section 240, the civil fine ordered

 

18  under this subsection shall be $15.00. For a violation of section

 

19  252a(1), the civil fine ordered under this subsection shall be

 

20  $50.00. For a violation of section 676a(3), the civil fine

 

21  ordered under this section shall be not more than $10.00. For a

 

22  first violation of section 319f(1), the civil fine ordered under

 

23  this section shall be not less than $1,100.00 $2,500.00 or more

 

24  than [$2,750.00           ]; for a second or subsequent violation,

 

25  the civil fine shall be not less than $5,000.00 or more than

 

26  [$5,500.00 ]. For a violation of section 319g(1)(a), the civil fine

 

27  ordered under this section shall be not more than $10,000.00. For


 

 1  a violation of section 319g(1)(b), the civil fine ordered under

 

 2  this section shall be not less than $2,750.00 or more than

 

 3  $11,000.00. For a violation of section 319g(1)(g), the civil fine

 

 4  ordered under this section shall be not less than $2,750.00 or

 

 5  more than $25,000.00. Permission may be granted for payment of a

 

 6  civil fine and costs to be made within a specified period of time

 

 7  or in specified installments, but unless permission is included

 

 8  in the order or judgment, the civil fine and costs shall be

 

 9  payable immediately.

 

10        (3) Except as provided in this subsection, if a person is

 

11  determined to be responsible or responsible "with explanation"

 

12  for a civil infraction under this act or a local ordinance

 

13  substantially corresponding to a provision of this act while

 

14  driving a commercial motor vehicle, he or she shall be ordered to

 

15  pay costs as provided in subsection (4) and a civil fine of not

 

16  more than $250.00. If a person is determined to be responsible or

 

17  responsible "with explanation" for a civil infraction under

 

18  section 319g or a local ordinance substantially corresponding to

 

19  section 319g, that person shall be ordered to pay costs as

 

20  provided in subsection (4) and a civil fine of not more than

 

21  $10,000.00.

 

22        (4) If a civil fine is ordered under subsection (2) or (3),

 

23  the judge or district court magistrate shall summarily tax and

 

24  determine the costs of the action, which are not limited to the

 

25  costs taxable in ordinary civil actions, and may include all

 

26  expenses, direct and indirect, to which the plaintiff has been

 

27  put in connection with the civil infraction, up to the entry of


 

 1  judgment. Costs shall not be ordered in excess of $100.00. A

 

 2  civil fine ordered under subsection (2) or (3) shall not be

 

 3  waived unless costs ordered under this subsection are waived.

 

 4  Except as otherwise provided by law, costs are payable to the

 

 5  general fund of the plaintiff.

 

 6        (5) In addition to a civil fine and costs ordered under

 

 7  subsection (2) or (3) and subsection (4) and the justice system

 

 8  assessment ordered under subsection (14), the judge or district

 

 9  court magistrate may order the person to attend and complete a

 

10  program of treatment, education, or rehabilitation.

 

11        (6) A district court magistrate shall impose the sanctions

 

12  permitted under subsections (2), (3), and (5) only to the extent

 

13  expressly authorized by the chief judge or only judge of the

 

14  district court district.

 

15        (7) Each district of the district court and each municipal

 

16  court may establish a schedule of civil fines, costs, and

 

17  assessments to be imposed for civil infractions that occur within

 

18  the respective district or city. If a schedule is established, it

 

19  shall be prominently posted and readily available for public

 

20  inspection. A schedule need not include all violations that are

 

21  designated by law or ordinance as civil infractions. A schedule

 

22  may exclude cases on the basis of a defendant's prior record of

 

23  civil infractions or traffic offenses, or a combination of civil

 

24  infractions and traffic offenses.

 

25        (8) The state court administrator shall annually publish and

 

26  distribute to each district and court a recommended range of

 

27  civil fines and costs for first-time civil infractions. This


 

 1  recommendation is not binding upon the courts having jurisdiction

 

 2  over civil infractions but is intended to act as a normative

 

 3  guide for judges and district court magistrates and a basis for

 

 4  public evaluation of disparities in the imposition of civil fines

 

 5  and costs throughout the state.

 

 6        (9) If a person has received a civil infraction citation for

 

 7  defective safety equipment on a vehicle under section 683, the

 

 8  court shall waive a civil fine, costs, and assessments upon

 

 9  receipt of certification by a law enforcement agency that repair

 

10  of the defective equipment was made before the appearance date on

 

11  the citation.

 

12        (10) A default in the payment of a civil fine or costs

 

13  ordered under subsection (2), (3), or (4) or a justice system

 

14  assessment ordered under subsection (14), or an installment of

 

15  the fine, costs, or assessment, may be collected by a means

 

16  authorized for the enforcement of a judgment under chapter 40 of

 

17  the revised judicature act of 1961, 1961 PA 236, MCL 600.4001 to

 

18  600.4065, or under chapter 60 of the revised judicature act of

 

19  1961, 1961 PA 236, MCL 600.6001 to 600.6098.

 

20        (11) If a person fails to comply with an order or judgment

 

21  issued pursuant to this section within the time prescribed by the

 

22  court, the driver's license of that person shall be suspended

 

23  pursuant to section 321a until full compliance with that order or

 

24  judgment occurs. In addition to this suspension, the court may

 

25  also proceed under section 908.

 

26        (12) The court shall waive any civil fine, cost, or

 

27  assessment against a person who received a civil infraction


 

 1  citation for a violation of section 710d if the person, before

 

 2  the appearance date on the citation, supplies the court with

 

 3  evidence of acquisition, purchase, or rental of a child seating

 

 4  system meeting the requirements of section 710d.

 

 5        (13) Until October 1, 2003, in addition to any civil fines

 

 6  and costs ordered to be paid under this section, the judge or

 

 7  district court magistrate shall levy an assessment of $5.00 for

 

 8  each civil infraction determination, except for a parking

 

 9  violation or a violation for which the total fine and costs

 

10  imposed are $10.00 or less. An assessment paid before October 1,

 

11  2003 shall be transmitted by the clerk of the court to the state

 

12  treasurer to be deposited into the Michigan justice training

 

13  fund. An assessment ordered before October 1, 2003 but collected

 

14  on or after October 1, 2003 shall be transmitted by the clerk of

 

15  the court to the state treasurer for deposit in the justice

 

16  system fund created in section 181 of the revised judicature act

 

17  of 1961, 1961 PA 236, MCL 600.181. An assessment levied under

 

18  this subsection is not a civil fine for purposes of section 909.

 

19        (14) Effective October 1, 2003, in addition to any civil

 

20  fines or costs ordered to be paid under this section, the judge

 

21  or district court magistrate shall order the defendant to pay a

 

22  justice system assessment of $40.00 for each civil infraction

 

23  determination, except for a parking violation or a violation for

 

24  which the total fine and costs imposed are $10.00 or less. Upon

 

25  payment of the assessment, the clerk of the court shall transmit

 

26  the assessment collected to the state treasury to be deposited

 

27  into the justice system fund created in section 181 of the


 

 1  revised judicature act of 1961, 1961 PA 236, MCL 600.181. An

 

 2  assessment levied under this subsection is not a civil fine for

 

 3  purposes of section 909.

 

 4        (15) If a person has received a citation for a violation of

 

 5  section 223, the court shall waive any civil fine, costs, and

 

 6  assessment, upon receipt of certification by a law enforcement

 

 7  agency that the person, before the appearance date on the

 

 8  citation, produced a valid registration certificate that was

 

 9  valid on the date the violation of section 223 occurred.

 

10        (16) If a person has received a citation for a violation of

 

11  section 328(1) for failing to produce a certificate of insurance

 

12  pursuant to section 328(2), the court may waive the fee described

 

13  in section 328(3)(c) and shall waive any fine, costs, and any

 

14  other fee or assessment otherwise authorized under this act upon

 

15  receipt of verification by the court that the person, before the

 

16  appearance date on the citation, produced valid proof of

 

17  insurance that was in effect at the time the violation of section

 

18  328(1) occurred. Insurance obtained subsequent to the time of the

 

19  violation does not make the person eligible for a waiver under

 

20  this subsection.

 

21        (17) As used in this section, "moving violation" means an

 

22  act or omission prohibited under this act or a local ordinance

 

23  substantially corresponding to this act that involves the

 

24  operation of a motor vehicle and for which a fine may be

 

25  assessed.