HB-6084, As Passed Senate, June 21, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 6084

(As amended, June 21, 2006)

<<A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 248f, 302, 302a, 303, 306, 307, 307a, 312e,

312f, 314, 319b, 319f, 319g, 324, 732, 741, 743, 746, 801c, 811k, and 907

(MCL 257.248f, 257.302, 257.302a, 257.303, 257.306, 257.307, 257.307a,

257.312e, 257.312f, 257.314, 257.319b, 257.319f, 257.319g,

257.324, 257.732, 257.741, 257.743, 257.746, 257.801c, 257.811k, and

257.907), section 248f as added by 1993 PA 300, section 302 as amended by

1991 PA 100, section 302a as added by 1990 PA 181, sections 303 and 307

as amended by 2005 PA 142, sections 306, 312f, and 314 as amended by

2004 PA 362, section 307a as added and section 743 as amended by 1988 PA

346, section 312e as amended by 2006 PA 212, sections 319b, 319g, and 732

as amended by 2004 PA 495, section 319f as added by 1996 PA 404,

section 324 as amended by 2001 PA 159, section 746 as amended by 1980

    House Bill No. 6084 as amended June 20, 2006

    PA 426, section 801c as amended by 1980 PA 281, section 811k as added by

2000 PA 73, and section 907 as amended by 2005 PA 1, and by adding

section 303a.>>

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 248f. (1) The secretary of state shall  investigate the

 2  criminal history of each person required to be named on an

 3  application for a vehicle dealer or salvage vehicle agent license

 4  not license a person as a vehicle dealer or salvage vehicle agent

 5  before requesting a criminal history check of the person and

 6  receiving a criminal history report of the person from both the

 7  department of state police and federal bureau of investigation.

 8        (2) Each person required to be named on an application shall

 9  submit to the secretary of state 2 sets of his or her

10  fingerprints which shall have been taken by a law enforcement

11  official for investigation under this section. One set of

12  fingerprints shall be submitted on a form furnished by the

13  department of state police and be accompanied by a check or money

14  order made payable to the state of Michigan for the fee the

15  department of state police requires to process the prints. The

16  other set of fingerprints shall be submitted on a form furnished

17  by the federal bureau of investigation and be accompanied by a

18  check or money order made payable to the federal bureau of

19  investigation for the fee the federal bureau of investigation

20  requires to process the prints.

21        (3) Each set of fingerprints required in order to process an

22  application for a vehicle dealer or salvage vehicle agent license

23  shall be submitted to the secretary of state with the

24  application.

 1        (4) The secretary of state shall forward the fingerprints on

 2  the department of state police form with the required fees to the

 3  department of state police for the purpose of receiving the

 4  information maintained by the department of state police of the

 5  fingerprint owner's conviction and nonconviction criminal history

 6  record. The secretary of state shall forward the fingerprints on

 7  the federal bureau of investigation form with the required fees

 8  to the federal bureau of investigation or other agency designated

 9  by the federal bureau of investigation for the purpose of

10  receiving the information maintained by the federal bureau of

11  investigation of the fingerprint owner's conviction and

12  nonconviction criminal history record.

13        (2) Each criminal history check required under this section

14  shall be requested, and a criminal history report shall be

15  obtained, from both the department of state police and the

16  federal bureau of investigation.

17        (3) Each person required to be named on an application shall

18  submit his or her fingerprints for a criminal history check to

19  the department of state police in a format as prescribed by the

20  department of state police. The fees required by the department

21  of state police or the federal bureau of investigation, as

22  applicable, to conduct the criminal history check shall accompany

23  a request for a criminal history check.

24        (4) The department of state police shall conduct a criminal

25  history check not more than 45 days after receiving a proper

26  request and the required fee for a criminal history check under

27  this section. After conducting the criminal history check and

 1  within the same 45-day period, the department of state police

 2  shall provide the secretary of state with a report of the

 3  criminal history check. The report shall contain public criminal

 4  history record information concerning the person who is the

 5  subject of the request that is maintained by the department of

 6  state police.

 7        (5) If a criminal arrest fingerprint card is subsequently

 8  submitted to the department of state police and matches against a

 9  fingerprint that was submitted under this section and stored in

10  its automated fingerprint identification system (AFIS) database,

11  the department of state police shall notify the department.

12        (6) Except as otherwise provided in this act, the secretary

13  of state shall not approve an original vehicle dealer or salvage

14  vehicle agent license before receiving and reviewing the

15  applicable criminal history reports from the department of state

16  police and the federal bureau of investigation.

17        (7) The secretary of state shall use criminal history record

18  information received under this section to evaluate an

19  applicant's qualifications to receive a vehicle dealer or salvage

20  vehicle agent license under this act. The secretary of state may

21  only discuss a criminal history report or its contents with the

22  following people:

23        (a) Staff of the secretary of state who are involved in

24  determining whether an applicant's vehicle dealer license or

25  salvage vehicle agent license should be denied, suspended, or

26  revoked.

27        (b) Staff of the department of state police.

 1        (c) A person who was involved in the prosecution or defense

 2  of a criminal matter noted in a criminal history report.

 3        (d) The applicant or his or her attorney.

 4        (8) A person who violates subsection (7) is guilty of a

 5  misdemeanor punishable by a fine of not more than $10,000.00.

 6        (9) As used in this section, "criminal history record

 7  information" means that term as defined in section 1a of 1925 PA

 8  289, MCL 28.241a.

 9  (10)  (5) This  Except for subsection (5), this section does

10  not apply to a person whose  fingerprints have  criminal history

11  has previously been investigated by the secretary of state and

12  who is applying for the renewal of a vehicle dealer license or

13  salvage vehicle agent license.

14        Sec. 302. The following persons are exempt from obtaining a

15  license under this chapter:

16        (a) A person serving in the armed forces of the United

17  States if furnished with a driver's permit and operating an

18  official motor vehicle in that service or a person who is a

19  military driver and operates a commercial motor vehicle for a

20  military purpose.  A  This exemption applies to active duty

21  military personnel, members of the military reserves, active duty

22  United States coast guard personnel, and members of the national

23  guard while on active duty, including, but not limited to,

24  personnel on full-time national guard duty, personnel on part-

25  time national guard training, and national guard military

26  technicians who are civilians required to wear military uniforms.

27  This exemption does not apply to any of the following:

 1        (i) United States reserve technicians.

 2        (ii) Except as otherwise provided in this subdivision, a

 3  person who is a civilian and in the employ of the armed forces of

 4  the United States.  is not exempt from obtaining a license under

 5  this chapter.

 6        (b) A person while driving or operating a road roller, a

 7  snow motor, road machinery, or a farm tractor or implement of

 8  husbandry temporarily drawn, moved, or propelled on a highway.

 9        (c) A nonresident who is not less than 16 years of age and

10  who has been licensed either as an operator or a chauffeur under

11  a law requiring the licensing of operators or chauffeurs in his

12  or her home state and who has in his or her immediate possession

13  either a valid operator's or a valid chauffeur's license issued

14  to him or her in his or her home state.

15        (d) A nonresident who is over the age of 17 years, whose

16  home state does not require the licensing of operators, may

17  operate a motor vehicle as an operator only, for a period of not

18  more than 90 days in any calendar year, if  the  all of the

19  following apply:

20        (i) The motor vehicle is registered in the home state or

21  country of the nonresident.  and the

22        (ii) The nonresident has in his or her immediate possession a

23  registration card evidencing ownership and registration of the

24  motor vehicle in his or her home state or country, or is able at

25  any time or place required to prove lawful possession or the

26  right to operate the motor vehicle and to establish his or her

27  proper identity.

 1        (e) A person who is a member of the armed forces of the

 2  United States on official leave, who on the date of his or her

 3  orders granting leave possessed an operator's or chauffeur's

 4  license, valid except for the expiration date of the license.

 5  This  section  exemption applies only to the person's first leave

 6  of absence following the expiration of his or her license and

 7  exempts the person from the provisions of this act for a period

 8  not to exceed 30 days.

 9        (f) A person who is a discharged member of the armed forces

10  of the United States, who on the date of his or her discharge

11  possesses an operator's or chauffeur's license, valid except for

12  the expiration date, for a period not to exceed 30 days from date

13  of discharge.

14        (g) A person who is a member of the armed forces of the

15  United States, stationed in this state, who is a resident of

16  another state and has a valid license issued by his or her state

17  of residence.

18        (h) A person while operating a commercial motor vehicle in

19  the course of a driving test administered by a certified examiner

20  appointed by the secretary of state and while accompanied by the

21  examiner.

22        (i) A person while operating a commercial motor vehicle who

23  is not disqualified from operating a commercial motor vehicle and

24  who holds a commercial driver license that is issued to him or

25  her by another state or jurisdiction under 49 CFR part 383.

26        Sec. 302a. (1) Except as otherwise provided by this act, a

27  nonresident operator of a motor vehicle  ,  who is the holder of

 1  a license to operate a motor vehicle in the country in which he

 2  or she resides  , shall not be  is not required to obtain a

 3  license to operate  any  a passenger vehicle within this state,

 4  if he or she does not receive compensation for such operation.

 5  This  section shall  subsection does not apply unless  the  all

 6  of the following conditions have been satisfied:

 7        (a) The secretary of state determines that the standards of

 8  the other country for licensing operators correspond

 9  substantially to those of this state and that the other country

10  extends the same privileges to persons licensed to operate

11  vehicles by this state. This section shall not apply unless the

12        (b) The secretary of state and the other country have

13  exchanged letters confirming the reciprocal extension of

14  privileges to operate vehicles.

15        (2)  On May 1 and November 1 each year, the  The secretary

16  of state shall publish on its public internet site a list of the

17  countries for which reciprocal operating privileges have been

18  extended and withdrawn.  The  If any changes are made, a revised

19  list shall be mailed to the courts, prosecuting attorneys, and

20  law enforcement agencies of this state.

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 of this act. The

 2  person shall be denied a license under this subdivision for a

 3  period of time that corresponds to the period of the licensing

 4  sanction that would have been imposed under those sections had

 5  the person been licensed at the time of the violation.

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

 7  canceled under section 324(2).

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

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

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

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

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

13  substantially corresponding to a law of this state, or a law of

14  another state substantially corresponding to a law of this state:

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

16  reckless driving in violation of section 626.

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

18  for any of the following:

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

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

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

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

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

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

25  those crimes.

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

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

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

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

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

 4  of the following within 7 years:

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

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

 7  enactment of section 625 in which the defendant operated a

 8  vehicle while under the influence of intoxicating or alcoholic

 9  liquor or a controlled substance, or a combination of

10  intoxicating or alcoholic liquor and a controlled substance, or

11  while visibly impaired, or with an unlawful bodily alcohol

12  content.

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

14        (iii) Former section 625b.

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

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

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

18  section 904(4) or (5).

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

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

21  commit any of those crimes.

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

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

24  MCL 750.479a.

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

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

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

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

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

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

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

 5  enactment of section 625 in which the defendant operated a

 6  vehicle while under the influence of intoxicating or alcoholic

 7  liquor or a controlled substance, or a combination of

 8  intoxicating or alcoholic liquor and a controlled substance, or

 9  while visibly impaired, or with an unlawful bodily alcohol

10  content.

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

12        (iii) Former section 625b.

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

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

15  order complies with section 323.

16        (4) The secretary of state shall not issue a license under

17  this act to a person whose license has been revoked under this

18  act or revoked and denied under subsection (2) until all of the

19  following occur, as applicable:

20        (a) The later of the following:

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

22  was revoked or denied.

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

24  of a subsequent revocation or denial occurring within 7 years

25  after the date of any prior revocation or denial.

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

27  the person rebuts by clear and convincing evidence the

 1  presumption resulting from the prima facie evidence that he or

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

 3  revocation and denial constitute prima facie evidence that he or

 4  she is a habitual offender.

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

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

 7  operator's license as follows:

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

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

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

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

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

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

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

15  age.

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

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

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

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

20  school when he or she was less than 14 years of age or older,

21  until 3 years after the date of the conviction or juvenile

22  disposition. A person not issued a license under this subdivision

23  is not eligible to begin graduated licensing training or

24  otherwise obtain an original operator's or chauffeur's license

25  until 3 years after the date of the conviction or juvenile

26  disposition.

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

 1  group designation to a person if the person has been disqualified

 2  by the United States secretary of transportation from operating a

 3  commercial motor vehicle.

 4        (7) Multiple convictions or civil infraction determinations

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

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

 7  this section.

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

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

10  the person operated a motor vehicle and while operating the

11  vehicle presented real or potential harm to persons or property

12  and 1 or more of the following circumstances existed:

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

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

15  felony.

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

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

18  felony.

19        Sec. 303a. Except as otherwise provided in this act, the

20  suspension, revocation, denial, disqualification, or cancellation

21  of an operator's license, chauffeur's license, or commercial

22  driver license by another state or the United States shall run

23  concurrently with a suspension, revocation, denial,

24  disqualification, or cancellation of an operator's license,

25  chauffeur's license, or commercial driver license by this state

26  that is imposed for the same offense.

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

 1  application for a temporary instruction permit from a person who

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

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

 4  other than a motor vehicle requiring an indorsement under section

 5  312a or a vehicle group designation under section 312e upon the

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

 7  adult operator or chauffeur who is actually occupying a seat

 8  beside the driver.

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

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

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

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

13  applicable requirements of section 310e.

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

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

16  schools act, 1974 PA 369, MCL 256.601, or a motorcycle safety

17  course approved by the department of state may operate a motor

18  vehicle without holding an operator's license or permit while

19  under the direct supervision of the program instructor.

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

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

22  schools act, 1974 PA 369, MCL 256.601, and who has successfully

23  completed 10 hours of classroom instruction and the equivalent of

24  2 hours of behind-the-wheel training may be issued a temporary

25  driver education certificate furnished by the department of state

26  that authorizes a student to drive a motor vehicle, other than a

27  motor vehicle requiring an indorsement pursuant to section 312a

 1  or a vehicle group designation pursuant to section 312e, when

 2  accompanied by a licensed parent or guardian, or when accompanied

 3  by a nonlicensed parent or guardian and a licensed adult for the

 4  purpose of receiving additional instruction until the end of the

 5  student's driver education course.

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

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

 8  in or has successfully completed an approved motorcycle safety

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

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

11  may issue a motorcycle temporary instruction permit entitling the

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

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

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

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

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

17        (6)  The  Except as prohibited under federal law, the

18  secretary of state, upon receiving proper application from a

19  person who is 18 years of age or older, who holds a valid

20  operator's or chauffeur's license other than a restricted

21  license, and who has passed the knowledge test for an original

22  vehicle group designation or indorsement, may issue a temporary

23  instruction permit entitling the person, while carrying the

24  permit, to drive a vehicle requiring a vehicle group designation

25  or vehicle group indorsement under section 312e upon the streets

26  and highways for a period of 180 days, but only when accompanied

27  by a licensed adult operator or chauffeur who is licensed with

 1  the appropriate vehicle group designation and indorsement for the

 2  vehicle group being driven and who is actually occupying a seat

 3  beside the driver, or behind the driver if the permittee is

 4  driving a bus or school bus. In addition, if a permittee is

 5  enrolled in a driver training program for drivers of motor

 6  vehicles requiring a vehicle group designation or vehicle group

 7  indorsement under section 312e, which program is conducted by a

 8  college, a university, a school licensed by the department under

 9  the driver education and training schools act, 1974 PA 369, MCL

10  256.601 to 256.612, or a local or intermediate school district,

11  the permittee may drive a vehicle requiring a vehicle group

12  designation or vehicle group indorsement on the streets and

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

14  by an instructor licensed with the appropriate vehicle group

15  designation and indorsement for the vehicle being driven who is

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

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

18  temporary instruction permit under this section shall not operate

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

20  transporting passengers except with an instructor licensed with

21  the appropriate vehicle group designation and indorsement for the

22  vehicle being driven or a driver skills test examiner.

23        Sec. 307. (1) An applicant for an operator's or chauffeur's

24  license shall supply a birth certificate attesting to his or her

25  age or other sufficient documents or identification as the

26  secretary of state may require. An application for an operator's

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

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

 2        (a) The applicant's full name, date of birth, residence

 3  address, height, sex, eye color, signature, and, beginning

 4  January 1, 2007, intent to be an organ donor, other information

 5  required or permitted on the license under this chapter, and, to

 6  the extent required to comply with federal law, the applicant's

 7  social security number. The applicant may provide a mailing

 8  address if the applicant receives mail at an address different

 9  from his or her residence address.

10        (b) The following notice shall be included to inform the

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

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

13  secretary of state is required to use the residence address

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

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

16       "NOTICE: Michigan law requires that the same address

17       be used for voter registration and driver license

18       purposes. Therefore, if the residence address

19       you provide in this application differs from your

20       voter registration address as it appears on the

21       qualified voter file, the secretary of state

22       will automatically change your voter registration

23       to match the residence address on this application,

24       after which your voter registration at your former

25       address will no longer be valid for voting purposes.

26       A new voter registration card, containing the

27       information of your polling place, will be provided

1        to you by the clerk of the jurisdiction where your

2        residence address is located.".

 3        (c) For an original or renewal operator's or chauffeur's

 4  license with a vehicle group designation or indorsement, the

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

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

 7        (d) For an operator's or chauffeur's license with a vehicle

 8  group designation or indorsement, the following certifications by

 9  the applicant:

10        (i) The applicant meets the applicable federal driver

11  qualification requirements under 49 CFR part 391 if the applicant

12  operates or intends to operate in interstate commerce or meets

13  the applicable qualifications  under the rules promulgated by  of

14  the department of state police under the motor carrier safety act

15  of 1963, 1963 PA 181, MCL 480.11 to  480.22  480.25, if the

16  applicant operates or intends to operate in intrastate commerce.

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

18  skills tests is representative of the type of vehicle the

19  applicant operates or intends to operate.

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

21  United States secretary of transportation, or a suspension,

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

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

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

25  than 1 state or jurisdiction.

26        (e) An applicant for an operator's or chauffeur's license

 1  with a vehicle group designation and a hazardous material

 2  indorsement shall provide his or her fingerprints as prescribed

 3  by state and federal law.

 4        (2) Except as provided in this subsection, an applicant for

 5  an operator's or chauffeur's license may have his or her image

 6  and signature captured or reproduced when the application for the

 7  license is made. An applicant required under section 5a of the

 8  sex offenders registration act, 1994 PA 295, MCL 28.725a, to

 9  maintain a valid operator's or chauffeur's license or official

10  state personal identification card shall have his or her image

11  and signature captured or reproduced when the application for the

12  license is made. The secretary of state shall acquire by purchase

13  or lease the equipment for capturing the images and signatures

14  and may furnish the equipment to a local unit authorized by the

15  secretary of state to license drivers. The secretary of state

16  shall acquire equipment purchased or leased pursuant to this

17  section under standard purchasing procedures of the department of

18  management and budget based on standards and specifications

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

20  shall not purchase or lease equipment until an appropriation for

21  the equipment has been made by the legislature. An image and

22  signature captured pursuant to this section shall appear on the

23  applicant's operator's or chauffeur's license. Except as provided

24  in this subsection, the secretary of state may retain and use a

25  person's image and signature described in this subsection only

26  for programs administered by the secretary of state. Except as

27  provided in this subsection, the secretary of state shall not use

 1  a person's image or signature, or both, unless the person grants

 2  written permission for that purpose to the secretary of state or

 3  specific enabling legislation permitting the use is enacted into

 4  law. A law enforcement agency of this state has access to

 5  information retained by the secretary of state under this

 6  subsection. The information may be utilized for any law

 7  enforcement purpose unless otherwise prohibited by law. The

 8  department of state police shall provide to the secretary of

 9  state updated lists of persons required to be registered under

10  the sex offenders registration act, 1994 PA 295, MCL 28.721 to

11  28.732  28.736, and the secretary of state shall make the images

12  of those persons available to the department of state police as

13  provided in that act.

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

15  and certification by the applicant, as determined by the

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

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

18  application. The secretary of state shall refund the application

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

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

21  the examination requirements of the secretary of state within 90

22  days after the date of application for a license.

23        (4) In conjunction with the application for or, until

24  January 1, 2007, the issuance of an operator's or chauffeur's

25  license, the secretary of state shall do all of the following:

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

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

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

 2  310.

 3        (ii) Information describing the organ, tissue, and eye donor

 4  registry program. The information required under this

 5  subparagraph includes the address and telephone number of

 6  Michigan's federally designated organ procurement organization or

 7  its successor organization.

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

 9  placed on the registry described in subparagraph (ii).

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

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

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

13  accordance with section 310.

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

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

16  or her name placed on the registry described in subdivision

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

18  for the registry.

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

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

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

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

23  credit of the organ and tissue donation education fund.

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

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

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

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

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

 2        (b) Providing printed material to an applicant who

 3  personally appears at a secretary of state branch office.

 4        (c) Through electronic information transmittals for

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

 6  means.

 7        (6) Until January 1, 2007, if an applicant indicates a

 8  willingness under this section to have his or her name placed on

 9  the organ donor registry described in subsection (4)(a)(ii), the

10  secretary of state shall within 10 days forward the applicant's

11  name, and address, and date of birth to the organ donor registry

12  maintained by Michigan's federally designated organ procurement

13  organization or its successor organization. The secretary of

14  state may forward information under this subsection by mail or by

15  electronic means. The secretary of state shall not maintain a

16  record of the name or address of an individual who indicates a

17  willingness to have his or her name placed on the organ donor

18  registry after forwarding that information to the organ donor

19  registry under this subsection. Information about an applicant's

20  indication of a willingness to have his or her name placed on the

21  organ donor registry that is obtained by the secretary of state

22  under subsection (4) and forwarded under this subsection is

23  exempt from disclosure under section 13(1)(d) of the freedom of

24  information act, 1976 PA 442, MCL 15.243. Beginning January 1,

25  2007, the secretary of state shall maintain a record of an

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

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

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

 2  have his or her name placed on the registry that is obtained by

 3  the secretary of state under subsection (4) and forwarded under

 4  subsection (14) is exempt from disclosure under section 13(1)(d)

 5  of the freedom of information act, 1976 PA 442, MCL 15.243.

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

 7  licensed in another jurisdiction, the secretary of state shall

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

 9  available information from the national driver register. When

10  received, the driving record and other available information

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

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

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

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

15  record from all states where the applicant was previously

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

17  years before issuing a vehicle group designation or indorsement

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

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

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

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

22  secretary of state issues the applicant a vehicle group

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

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

25  state issues the applicant a vehicle group designation or

26  indorsement. The secretary of state shall also check the

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

 1  the federal commercial driver license information system before

 2  issuing that group designation or indorsement. If the application

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

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

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

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

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

 8  record from other states only once under this section.

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

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

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

12  for 1 additional 4-year period by mail or by other methods

13  prescribed by the secretary of state. The secretary of state may

14  check the applicant's driving record through the national driver

15  register and the commercial driver license information system

16  before issuing a license under this section. The secretary of

17  state shall issue a renewal license only in person if the person

18  is a person required under section 5a of the sex offenders

19  registration act, 1994 PA 295, MCL 28.725a, to maintain a valid

20  operator's or chauffeur's license or official state personal

21  identification card. If a license is renewed by mail or by other

22  method, the secretary of state shall issue evidence of renewal to

23  indicate the date the license expires in the future. The

24  department of state police shall provide to the secretary of

25  state updated lists of persons required under section 5a of the

26  sex offenders registration act, 1994 PA 295, MCL 28.725a, to

27  maintain a valid operator's or chauffeur's license or official

 1  state personal identification card.

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

 3  information manual to an applicant explaining how to obtain a

 4  vehicle group designation or indorsement. The manual shall

 5  contain the information required under 49 CFR part 383.

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

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

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

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

10  and state law and rules related to this chapter.

11        (b) Through the law enforcement information network, to

12  carry out the purposes of section 466(a) of the social security

13  act, 42 USC 666, in connection with matters relating to

14  paternity, child support, or overdue child support.

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

16  national driver register and the commercial driver license

17  information system when issuing a license under this act.

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

19  with vital records maintained by the department of community

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

21  333.2801 to 333.2899.

22        (e) As otherwise required by law.

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

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

25  license.

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

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

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

 2  social security number or to an applicant who for religious

 3  convictions is exempt under law from disclosure of his or her

 4  social security number under these circumstances. The secretary

 5  of state shall inform the applicant of this possible exemption.

 6        (14) Beginning January 1, 2007, the secretary of state shall

 7  maintain the organ, tissue, and eye donor registry in a manner

 8  that provides electronic access, including, but not limited to,

 9  transfer of data to this state's federally designated organ

10  procurement organizations, their successor organizations, and

11  tissue and eye banks with limitations on the use of and access to

12  the donor registry as determined by the secretary of state.

13        Sec. 307a. For an operator or chauffeur license  which  that

14  contains a vehicle group designation, the secretary of state

15  shall issue a license that contains the information required

16  under this act and all of the following information:

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

18        (b) Date of birth.

19        (c) Height and sex.

20        (d) Information  as considered necessary  required by the

21  United States department of transportation  to identify the

22  licensee  under 49 CFR 383.153.

23        (e) The vehicle group designation and any indorsement of a

24  commercial motor vehicle the licensee is authorized to operate.

25        (f) The name of this state.

26        (g) The expiration date of the license.

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

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

 2  obtain the required vehicle group designation as follows:

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

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

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

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

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

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

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

10  group B or C vehicle without taking another test.

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

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

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

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

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

16  vehicle may operate a group C vehicle without taking another

17  test.

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

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

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

21  trailer or other vehicle and carrying hazardous materials on

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

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

24  shall procure a group C vehicle designation and a hazardous

25  material or passenger vehicle indorsement on his or her

26  operator's or chauffeur's license.

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

 1  knowledge and driving skills tests that comply with minimum

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

 3  this act.

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

 5  canceled, or renewed in accordance with this act.

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

 7  following apply:

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

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

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

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

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

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

14  C school buses under that S indorsement.

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

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

17  she is restricted to operating only group C passenger vehicles

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

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

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

21  school buses under that S indorsement.

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

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

24  the driving skills test provided under that section in a

25  commercial motor vehicle that is not equipped with air brakes

26  shall not operate a commercial motor vehicle equipped with air

27  brakes.

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

 2  shall obtain required vehicle indorsements as follows:

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

 4  pulling double trailers, shall procure the appropriate vehicle

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

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

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

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

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

10  carrying hazardous materials on which a placard is required under

11  49 CFR parts 100 to 199, shall procure the appropriate vehicle

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

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

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

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

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

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

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

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

20  school bus shall procure the appropriate vehicle group

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

22  applicant for a P vehicle indorsement shall take the driving

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

24  passengers including the driver.

25        (f)  Effective October 1, 2004, a  A person who does not

26  currently possess a P indorsement, before operating a school bus

27  designed to transport 16 or more passengers, including the

 1  driver, shall procure the appropriate vehicle group designation,

 2  pass the knowledge tests for the P and S indorsements, and

 3  procure the P and S vehicle indorsements under this act. An

 4  applicant for an S vehicle indorsement shall take a driving

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

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

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

 8        (g)  Effective October 1, 2005, a  A person who currently

 9  possesses a P indorsement, before operating a school bus designed

10  to transport 16 or more passengers, including the driver, shall

11  procure the appropriate vehicle group designation, pass the

12  knowledge test for an S indorsement, and procure an S vehicle

13  indorsement under this act. An applicant for an S vehicle

14  indorsement shall take a driving skills test in a school bus

15  designed to transport 16 or more passengers, including the

16  driver, that represents the same type of vehicle that the

17  applicant intends to operate as a school bus.

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

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

20  indorsement if the applicant certifies, and the secretary of

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

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

23  of the following conditions:

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

25  vehicle group designation and a P indorsement.

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

27  commercial motor vehicle driver license suspended, revoked,

 1  denied, or canceled.

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

 3  States secretary of transportation from operating a commercial

 4  motor vehicle.

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

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

 7  a commercial motor vehicle.

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

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

10  a noncommercial motor vehicle that would be a disqualifying

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

12  offense while operating a commercial motor vehicle.

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

14  serious traffic violation as defined in 49 CFR 383.51 while

15  operating any type of motor vehicle.

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

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

18  vehicle traffic control law involving a vehicle accident and has

19  not been found at fault in a vehicle accident.

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

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

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

23  the applicant intends to operate, and the applicant provides

24  satisfactory evidence of that employment to the secretary of

25  state.

26        (7) An applicant for an indorsement shall take the knowledge

27  and driving skills tests described and required  pursuant to

 1  under 49 CFR part 383.

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

 3  license may be issued a vehicle group designation and indorsement

 4  valid for the remainder of the license upon meeting the

 5  qualifications of section 312f and payment of the original

 6  vehicle group designation fee of $25.00 and an indorsement fee of

 7  $5.00 per indorsement, and a corrected license fee of $18.00. A

 8  person required to procure an F vehicle indorsement  pursuant to

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

10        (9) Except as otherwise provided in subsections (10) and

11  (11), this section does not apply to a driver or operator of a

12  vehicle under all of the following conditions:

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

14  employee or family member of the farmer.

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

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

17  to or from a farm.

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

19  contract motor carrier.

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

21        (10) A person, before driving or operating a combination of

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

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

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

25  vehicle indorsement shall be issued upon successful completion of

26  a knowledge test only.

27        (11) A person, before driving or operating a single vehicle

 1  truck having a gross vehicle weight rating of 26,001 pounds or

 2  more or a combination of vehicles having a gross vehicle weight

 3  rating of 26,001 pounds or more on the power unit that is used as

 4  described in subsection (9)(a) to (d) for carrying hazardous

 5  materials on which a placard is required under 49 CFR parts 100

 6  to 199, shall successfully complete both a knowledge test and a

 7  driving skills test. Upon successful completion of the knowledge

 8  test and driving skills test, the person shall be issued the

 9  appropriate vehicle group designation and any vehicle indorsement

10  necessary under this act.

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

12  operating an authorized emergency vehicle or to a firefighter

13  operating an authorized emergency vehicle who has met the driver

14  training standards  of the Michigan  published under the fire

15  fighters'  fighters training council act of 1966, 1966 PA 291,

16  MCL 29.361 to 29.377.

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

18  motor home or a vehicle used exclusively to transport personal

19  possessions or family members for nonbusiness purposes.

20        (14) The money collected under subsection (8) for a vehicle

21  group designation or indorsement shall be deposited in the state

22  treasury to the credit of the general fund. The secretary of

23  state shall refund out of the fees collected to each county or

24  municipality acting as an examining officer or examining bureau

25  $3.00 for each applicant examined for a first designation or

26  indorsement to an operator's or chauffeur's license and $1.50 for

27  each renewal designation or indorsement to an operator's or

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

 2  condition that the money refunded shall be paid to the county or

 3  local treasurer and is appropriated to the county, municipality,

 4  or officer or bureau receiving that money for the purpose of

 5  carrying out this act.

 6        (15) Notwithstanding any other provision of this section, a

 7  person operating a vehicle described in subsections (9) and (10)

 8  is subject to the provisions of sections 303 and 319b.

 9        (16) This state shall comply with the requirements of the

10  American association of motor vehicle administrators' AAMVAnet,

11  incorporated's "Commercial Driver License Information System

12  (CDLIS) State Procedures Manual" that the secretary of state

13  determines are required for implementing and enforcing federal

14  law.

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

16  a person shall be  at least  not less than 18 years of age before

17  he or she is issued a vehicle group designation or indorsement,

18  other than a motorcycle indorsement, or not less than 21 years of

19  age before he or she is issued a hazardous material indorsement

20  on an operator's or chauffeur's license and, as provided in this

21  section, the person shall pass knowledge and driving skills tests

22  that comply with minimum federal standards prescribed in 49 CFR

23  part 383.  A person operating a vehicle to be used for farming

24  purposes only may obtain an A or B vehicle group designation or

25  an F vehicle indorsement if he or she is at least 16 years of

26  age.  A person who is 18 years of age or older operating a

27  vehicle to be used for farming purposes only may obtain an A or B

 1  vehicle group designation or an F vehicle indorsement. Each

 2  written examination given an applicant for a vehicle group

 3  designation or indorsement shall include subjects designed to

 4  cover the type or general class of vehicle to be operated. A

 5  person shall pass an examination that includes a driving skills

 6  test designed to test competency of the applicant for an original

 7  vehicle group designation and passenger indorsement on an

 8  operator's or chauffeur's license to drive that type or general

 9  class of vehicle upon the highways of this state with safety to

10  persons and property. The secretary of state shall waive the

11  driving skills test for a person operating a vehicle that is used

12  under the conditions described in section 312e(9)(a) to (d)

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

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

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

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

17  applicant has a valid license with the appropriate vehicle group

18  designation, passenger vehicle indorsement, or school bus

19  indorsement in another state issued in compliance with 49 USC

20  31301 to 31317.

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

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

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

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

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

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

27  following conditions are met:

 1        (a) The applicant meets  1 of the following:  the

 2  requirements of 49 CFR 383.77.

 3        (i) An applicant who has between 1 and 2 years of driving

 4  experience shall possess a good driving record for his or her

 5  entire driving history.

 6        (ii) An applicant who has more than 2 years of driving

 7  experience shall possess a good driving record for the 2 years

 8  immediately preceding application.

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

10  group designation is issued  shall be  are from April 2 to June

11  30 and from September 2 to November 30 only of a 12-month period

12  or, at the option of the applicant, for not more than 180 days

13  from the date of issuance in a 12-month period.  The good driving

14  record shall be confirmed before each season and 180-day period.

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

16  restricted vehicle group designation is issued shall be operated

17  only if all the following conditions are met:

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

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

20  being served.

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

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

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

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

25  less.

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

27  less.

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

 2  organic substance.

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

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

 5        (3) A seasonal restricted vehicle group designation under

 6  this subsection  section shall be issued, suspended, revoked,

 7  canceled, denied, or renewed in accordance with this act.

 8        (4) The secretary of state may enter into an agreement with

 9  another public or private corporation or agency to conduct a

10  driving skills test required under this section, section 312e, or

11  49 CFR part 383. Before the secretary of state authorizes a

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

13  testing operations or authorizes an examiner to conduct a driving

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

15  and federal bureau of investigation fingerprint based criminal

16  history check through the department of state police.

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

18  designation or a vehicle indorsement to an applicant for an

19  original vehicle group designation or vehicle indorsement under

20  section 312e to whom 1 or more of the following apply:

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

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

23  or 801c in the 36 months immediately preceding application,

24  except that a vehicle group designation may be issued if the

25  suspension or revocation was due to a temporary medical condition

26  or failure to appear at a reexamination as provided in section

27  320.

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

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

 3  section 320a in the 24 months immediately preceding application

 4  if the violation occurred while the applicant was operating a

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

 6  former section 625b, or a local ordinance substantially

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

 8  months immediately preceding application, if the applicant was

 9  operating any type of motor vehicle.

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

11  the commercial driver license information system, or the driving

12  records of the state in which the applicant was previously

13  licensed as being disqualified from operating a commercial motor

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

15  revoked, canceled, or denied.

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

17  the commercial driver license information system, or the driving

18  records of the state in which the applicant was previously

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

20  in the 36 months immediately preceding application if a

21  suspension or revocation would have been imposed under this act

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

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

24  revocation that would have been imposed due to a temporary

25  medical condition or pursuant to section 321a, 515, or 801c.

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

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

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

 2  vehicle group designation or vehicle indorsement.

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

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

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

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

 7  immediately preceding the date of application.

 8        (g) The United States secretary of transportation has

 9  disqualified the applicant from operating a commercial motor

10  vehicle.

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

12  vehicle group designation if the United States secretary of

13  transportation has disqualified the applicant from operating a

14  commercial motor vehicle, or the applicant is listed on the

15  national driver register or the commercial driver license

16  information system as being disqualified from operating a

17  commercial motor vehicle or as having a driver license or driving

18  privilege suspended, revoked, canceled, or denied.

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

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

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

22  subsection (5).

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

24  designation was previously licensed in another jurisdiction, the

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

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

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

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

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

 3  operator's or chauffeur's license.

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

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

 6  receiving notice from the United States secretary of

 7  transportation, the national driver register, the commercial

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

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

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

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

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

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

14  federal driver qualification requirements under 49 CFR part 391

15  to operate a commercial motor vehicle in interstate commerce, or

16  the person no longer meets the driver qualification requirements

17  to operate a commercial motor vehicle in intrastate commerce

18  under the motor carrier safety act of 1963, 1963 PA 181, MCL

19  480.11 to  480.22  480.25.

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

21  applicant for an original vehicle group designation who at the

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

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

24  to 31317.

25        (12) As used in this section,  :

26  (a) "Farm  "farm related service industry" means custom

27  harvesters, farm retail outlets and suppliers, agri-chemical

 1  business, or livestock feeders.

 2        (b) "Good driving record" means the criteria required under

 3  regulations described at 49 CFR 383.77 and 57 F.R. 75, P.

 4  13650(April 17, 1992).

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

 6  an operator's  license shall  licenses and chauffeur's licenses

 7  expire on the birthday of the person to whom the license is

 8  issued in the fourth year following the date of the issuance of

 9  the license unless suspended or revoked before that date. A

10  license shall not be issued for a period longer than 4 years. A

11  person holding a license at any time  within 45 days  12 months

12  before the expiration of his or her license may  make application

13  apply for a new license as provided for in this chapter.

14  However, a  A knowledge test for an original group designation or

15  indorsement may be taken at any time during this period and the

16  results  shall be  are valid for 12 months.  However, if the

17  licensee will be out of the state during the 45 days immediately

18  preceding expiration of the license or for other good cause shown

19  cannot apply for a license within the 45-day period, application

20  for a new license may be made not more than 6 months before

21  expiration of the license. This new license when granted shall

22  expire as provided for in this chapter.  A license renewed under

23  this subsection shall be renewed for the time remaining on the

24  license before its renewal combined with the 4-year renewal

25  period.

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

27  the time of application is less than 20-1/2 years of age  shall

 1  expire  expires on the licensee's twenty-first birthday unless

 2  suspended or revoked.  Until July 1, 2003, the secretary of state

 3  shall code the license in a manner which clearly identifies the

 4  licensee as being less than 21 years of age.

 5        (3) The first chauffeur's license issued to a person  shall

 6  expire  expires on the licensee's birthday in the fourth year

 7  following the date of issuance unless the license is suspended or

 8  revoked before that date. The chauffeur's license of a person who

 9  at the time of application is less than 20-1/2 years of age

10  shall expire  expires on the licensee's twenty-first birthday

11  unless suspended or revoked.  Until July 1, 2003, the secretary

12  of state shall code the license in a manner which clearly

13  identifies the licensee as being less than 21 years of age. A

14  subsequent chauffeur's license  shall expire  expires on the

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

16  fourth year following the date of issuance of the license unless

17  the license is suspended or revoked before that date.

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

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

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

21  extension may extend the license for 180 days beyond the

22  expiration date or  within  not more than 2 weeks after the

23  applicant returns to Michigan, whichever occurs first.

24        (5)  A  Except for an operator's or chauffeur's license with

25  a hazardous material indorsement, the secretary of state may

26  issue a renewal operator's or chauffeur's license to a person who

27  will be out of state for more than  90 180 days beyond the

 1  expiration date of his or her operator's or chauffeur's license,

 2  may apply for a 4-year renewal of his or her driving privileges

 3  if the secretary of state has a digital image of the person on

 4  file. The applicant for this renewal shall submit a statement

 5  evidencing a vision examination in accordance with the rules

 6  promulgated by the secretary of state under section 309 and any

 7  other statement required by this act or federal law. A person is

 8  not eligible for consecutive renewals of a license under this

 9  subsection.

10        (6) The secretary of state may check the applicant's driving

11  record through the national driver register and the commercial

12  driver license information system before issuing a renewal under

13  this section.

14        Sec. 319b. (1) The secretary of state shall immediately

15  suspend or revoke, as applicable, all vehicle group designations

16  on the operator's or chauffeur's license of a person upon

17  receiving notice of a conviction, bond forfeiture, or civil

18  infraction determination of the person, or notice that a court or

19  administrative tribunal has found the person responsible, for a

20  violation described in this subsection of a law of this state, a

21  local ordinance substantially corresponding to a law of this

22  state while the person was operating a commercial motor vehicle,

23  or a law of another state substantially corresponding to a law of

24  this state, or notice that the person has refused to submit to a

25  chemical test of his or her blood, breath, or urine for the

26  purpose of determining the amount of alcohol or presence of a

27  controlled substance or both in the person's blood, breath, or

 1  urine while the person was operating a commercial motor vehicle

 2  as required by a law or local ordinance of this or another state.

 3  The period of suspension or revocation is as follows:

 4        (a) Suspension for 60 days if the person is convicted of or

 5  found responsible for 1 of the following while operating a

 6  commercial motor vehicle:

 7        (i) Two serious traffic violations arising from separate

 8  incidents within 36 months.

 9        (ii) A violation of section 667, 668, 669, or 669a.

10        (iii) A violation of motor carrier safety regulations 49 CFR

11  392.10 or 392.11, as adopted by section 1a of the motor carrier

12  safety act of 1963, 1963 PA 181, MCL 480.11a.

13        (iv) A violation of section 57 of the pupil transportation

14  act, 1990 PA 187, MCL 257.1857.

15        (v) A violation of motor carrier safety regulations 49 CFR

16  392.10 or 392.11, as adopted by section 31 of the motor bus

17  transportation act, 1982 PA 432, MCL 474.131.

18        (vi) A violation of motor carrier safety regulations 49 CFR

19  392.10 or 392.11 while operating a commercial motor vehicle other

20  than a vehicle covered under subparagraph (iii), (iv), or (v).

21        (b) Suspension for 120 days if the person is convicted of or

22  found responsible for 1 of the following arising from separate

23  incidents within 36 months while operating a commercial motor

24  vehicle:

25        (i) Three serious traffic violations.

26        (ii) Any combination of 2 violations described in subdivision

27  (a)(ii).

 1        (c) Suspension for 1 year if the person is convicted of or

 2  found responsible for 1 of the following:

 3        (i) A violation of section 625(1), (3), (4), (5), (6), (7),

 4  or (8), section 625m, or former section 625(1) or (2), or former

 5  section 625b, while operating a commercial or noncommercial motor

 6  vehicle.

 7        (ii) Leaving the scene of an accident involving a commercial

 8  or noncommercial motor vehicle operated by the person.

 9        (iii)  A  Except for a felony described in 49 CFR

10  383.51(b)(9), a felony in which a commercial or noncommercial

11  motor vehicle was used.

12        (iv) A refusal of a peace officer's request to submit to a

13  chemical test of his or her blood, breath, or urine to determine

14  the amount of alcohol or presence of a controlled substance or

15  both in his or her blood, breath, or urine while he or she was

16  operating a commercial or noncommercial motor vehicle as required

17  by a law or local ordinance of this state or another state.

18        (v) Effective October 1, 2005, operating a commercial motor

19  vehicle in violation of a suspension, revocation, denial, or

20  cancellation that was imposed for previous violations committed

21  while operating a commercial motor vehicle.

22        (vi) Effective October 1, 2005, causing a fatality through

23  the negligent or criminal operation of a commercial motor

24  vehicle, including, but not limited to, the crimes of motor

25  vehicle manslaughter, motor vehicle homicide, and negligent

26  homicide.

27        (vii) A 6-point violation as provided in section 320a while

 1  operating a commercial motor vehicle.

 2        (viii) Any combination of 3 violations described in

 3  subdivision (a)(ii) arising from separate incidents within 36

 4  months while operating a commercial motor vehicle.

 5        (d) Suspension for 3 years if the person is convicted of or

 6  found responsible for an offense enumerated in subdivision (c)(i)

 7  to (vii) in which a commercial motor vehicle was used if the

 8  vehicle was carrying hazardous material required to have a

 9  placard  pursuant to  under 49 CFR parts 100 to 199.

10        (e) Revocation for life, but with eligibility for reissue of

11  a group vehicle designation after not less than 10 years and

12  after approval by the secretary of state, if the person is

13  convicted of or found responsible for  1 2 violations or a

14  combination of any 2 violations arising from 2 or more separate

15  incidents involving any of the following:

16        (i)  Any combination of 2 violations arising from 2 or more

17  separate incidents under section  Section 625(1), (3), (4), (5),

18  (6), (7), or (8), section 625m, or former section 625(1) or (2),

19  or former section 625b, while  driving  operating a commercial or

20  noncommercial motor vehicle.

21        (ii)  Two violations of leaving  Leaving the scene of an

22  accident involving a commercial or noncommercial motor vehicle

23  operated by the licensee.

24        (iii)  Two violations of  Except for a felony described in 49

25  CFR 383.51(b)(9), a felony in which a commercial or noncommercial

26  motor vehicle was used.

27        (iv)  Two refusals  A refusal of a request of a police

 1  officer to submit to a chemical test of his or her blood, breath,

 2  or urine for the purpose of determining the amount of alcohol or

 3  presence of a controlled substance or both in his or her blood

 4  while he or she was operating a commercial or noncommercial motor

 5  vehicle in this state or another state.  , which refusals

 6  occurred in separate incidents.

 7        (v) Effective October 1, 2005,  2 violations of operating a

 8  commercial motor vehicle in violation of a suspension,

 9  revocation, denial, or cancellation that was imposed for previous

10  violations committed while operating a commercial motor vehicle.

11        (vi) Effective October 1, 2005,  2 violations of causing a

12  fatality through the negligent or criminal operation of a

13  commercial motor vehicle, including, but not limited to, the

14  crimes of motor vehicle manslaughter, motor vehicle homicide, and

15  negligent homicide.

16        (vii)  Two 6-point  Six-point violations as provided in

17  section 320a while operating a commercial motor vehicle.

18        (viii) Two violations, in any combination, of the offenses

19  enumerated under subdivision (c)(i), (ii), (iii), (iv), or (v) arising

20  from 2 or more separate incidents.

21        (f) Revocation for life if a person is convicted of or found

22  responsible for any of the following:

23        (i) One violation of a felony in which a commercial motor

24  vehicle was used and that involved the manufacture, distribution,

25  or dispensing of a controlled substance or possession with intent

26  to manufacture, distribute, or dispense a controlled substance.

27        (ii) A conviction of any offense described in subdivision (c)

 1  or (d) after having been approved for the reissuance of a vehicle

 2  group designation under subdivision (e).

 3        (iii) A conviction of a violation of chapter LXXXIII-A of the

 4  Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z.

 5        (2) The secretary of state shall immediately deny, cancel,

 6  or revoke a hazardous material indorsement on the operator's or

 7  chauffeur's license of a person with a vehicle group designation

 8  upon receiving notice from a federal government agency that the

 9  person poses a security risk warranting denial, cancellation, or

10  revocation under the uniting and strengthening America by

11  providing appropriate tools required to intercept and obstruct

12  terrorism (USA PATRIOT ACT) act of 2001, Public Law 107-56. The

13  denial, cancellation, or revocation cannot be appealed under

14  section 322 or 323 and remains in effect until the secretary of

15  state receives a federal government notice that the person does

16  not pose a security risk in the transportation of hazardous

17  materials.

18        (3) The secretary of state shall immediately suspend all

19  vehicle group designations on a person's operator's or

20  chauffeur's license upon receiving notice of a conviction, bond

21  forfeiture, or civil infraction determination of the person, or

22  notice that a court or administrative tribunal has found the

23  person responsible, for a violation of section 319d(4) or 319f, a

24  local ordinance substantially corresponding to section 319d(4) or

25  319f, or a law or local ordinance of another state, the United

26  States, Canada, Mexico, or a local jurisdiction of either of

27  these countries substantially corresponding to section 319d(4) or

 1  319f, while operating a commercial motor vehicle. The period of

 2  suspension or revocation is as follows:

 3        (a) Suspension for 90 days if the person is convicted of or

 4  found responsible for a violation of section 319d(4) or 319f

 5  while operating a commercial motor vehicle.

 6        (b) Suspension for 180 days if the person is convicted of or

 7  found responsible for a violation of section 319d(4) or 319f

 8  while operating a commercial motor vehicle that is either

 9  carrying hazardous material required to have a placard  pursuant

10  to  under 49 CFR parts 100 to 199 or designed to carry 16 or more

11  passengers, including the driver.

12        (c) Suspension for 1 year if the person is convicted of or

13  found responsible for 2 violations, in any combination, of

14  section 319d(4) or 319f while operating a commercial motor

15  vehicle arising from 2 or more separate incidents during a 10-

16  year period.

17        (d) Suspension for 3 years if the person is convicted of or

18  found responsible for 3 or more violations, in any combination,

19  of section 319d(4) or 319f while operating a commercial motor

20  vehicle arising from 3 or more separate incidents during a 10-

21  year period.

22        (e) Suspension for 3 years if the person is convicted of or

23  found responsible for 2 or more violations, in any combination,

24  of section 319d(4) or 319f while operating a commercial motor

25  vehicle carrying hazardous material required to have a placard

26  pursuant to under 49 CFR parts 100 to 199, or designed to carry

27  16 or more passengers, including the driver, arising from 2 or

 1  more separate incidents during a 10-year period.

 2        (4) As used in this section:

 3        (a) "Felony in which a commercial motor vehicle was used"

 4  means a felony during the commission of which the person

 5  convicted operated a commercial motor vehicle and while the

 6  person was operating the vehicle 1 or more of the following

 7  circumstances existed:

 8        (i) The vehicle was used as an instrument of the felony.

 9        (ii) The vehicle was used to transport a victim of the

10  felony.

11        (iii) The vehicle was used to flee the scene of the felony.

12        (iv) The vehicle was necessary for the commission of the

13  felony.

14        (b) "Serious traffic violation" means any of the following:

15        (i) A traffic violation that occurs in connection with an

16  accident in which a person died.

17        (ii) Careless driving.

18        (iii) Excessive speeding as defined in regulations promulgated

19  under 49 USC 31301 to 31317.

20        (iv) Improper lane use.

21        (v) Following too closely.

22        (vi) Effective October 1, 2005, driving a commercial motor

23  vehicle without obtaining any vehicle group designation on the

24  person's license.

25        (vii) Effective October 1, 2005, driving a commercial motor

26  vehicle without either having an operator's or chauffeur's

27  license in the person's possession or providing proof to the

 1  court, not later than the date by which the person must appear in

 2  court or pay a fine for the violation, that the person held a

 3  valid vehicle group designation and indorsement on the date that

 4  the citation was issued.

 5        (viii) Effective October 1, 2005, driving a commercial motor

 6  vehicle while in possession of an operator's or chauffeur's

 7  license that has a vehicle group designation but does not have

 8  the appropriate vehicle group designation or indorsement required

 9  for the specific vehicle group being operated or the passengers

10  or type of cargo being transported.

11        (ix) Any other serious traffic violation as defined in 49 CFR

12  383.5 or as prescribed under this act.

13        (4) The secretary of state shall suspend or revoke, as

14  applicable, any privilege to operate a commercial motor vehicle

15  as directed by the federal government or its designee.

16        (5) For the purpose of this section only, a bond forfeiture

17  or a determination by a court of original jurisdiction or an

18  authorized administrative tribunal that a person has violated the

19  law is considered a conviction.

20        (6) The secretary of state shall suspend or revoke a vehicle

21  group designation under subsection (1) or deny, cancel, or revoke

22  a hazardous material indorsement under subsection (2)

23  notwithstanding a suspension, restriction, revocation, or denial

24  of an operator's or chauffeur's license or vehicle group

25  designation under another section of this act or a court order

26  issued under another section of this act or a local ordinance

27  substantially corresponding to another section of this act.

 1        (7)  Effective October 1, 2005, a  A conviction, bond

 2  forfeiture, or civil infraction determination, or notice that a

 3  court or administrative tribunal has found a person responsible

 4  for a violation described in this subsection while the person was

 5  operating a noncommercial motor vehicle counts against the person

 6  who holds a license to operate a commercial motor vehicle the

 7  same as if the person had been operating a commercial motor

 8  vehicle at the time of the violation. For the purpose of this

 9  subsection, a noncommercial motor vehicle does not include a

10  recreational vehicle used off-road. This subsection applies to

11  the following state law violations or a local ordinance

12  substantially corresponding to any of those violations or a law

13  of another state or out-of-state jurisdiction substantially

14  corresponding to any of those violations:

15        (a) Operating a vehicle in violation of section 625.

16        (b) Refusing to submit to a chemical test of his or her

17  blood, breath, or urine for the purpose of determining the amount

18  of alcohol or the presence of a controlled substance or both in

19  the person's blood, breath, or urine as required by a law or

20  local ordinance of this or another state.

21        (c) Leaving the scene of an accident.

22        (d) Using a vehicle to commit a felony.

23        (8) When determining the applicability of conditions listed

24  in this section, the secretary of state shall consider only

25  violations that occurred after January 1, 1990.

26        (9) When determining the applicability of conditions listed

27  in subsection (1)(a) or (b), the secretary of state shall count

 1  only from incident date to incident date.

 2        (10) As used in this section:

 3        (a) "Felony in which a commercial motor vehicle was used"

 4  means a felony during the commission of which the person

 5  convicted operated a commercial motor vehicle and while the

 6  person was operating the vehicle 1 or more of the following

 7  circumstances existed:

 8        (i) The vehicle was used as an instrument of the felony.

 9        (ii) The vehicle was used to transport a victim of the

10  felony.

11        (iii) The vehicle was used to flee the scene of the felony.

12        (iv) The vehicle was necessary for the commission of the

13  felony.

14        (b) "Serious traffic violation" means any of the following:

15        (i) A traffic violation that occurs in connection with an

16  accident in which a person died.

17        (ii) Careless driving.

18        (iii) Excessive speeding as defined in regulations promulgated

19  under 49 USC 31301 to 31317.

20        (iv) Improper lane use.

21        (v) Following too closely.

22        (vi) Effective October 1, 2005, driving a commercial motor

23  vehicle without obtaining any vehicle group designation on the

24  person's license.

25        (vii) Effective October 1, 2005, driving a commercial motor

26  vehicle without either having an operator's or chauffeur's

27  license in the person's possession or providing proof to the

 1  court, not later than the date by which the person must appear in

 2  court or pay a fine for the violation, that the person held a

 3  valid vehicle group designation and indorsement on the date that

 4  the citation was issued.

 5        (viii) Effective October 1, 2005, driving a commercial motor

 6  vehicle while in possession of an operator's or chauffeur's

 7  license that has a vehicle group designation but does not have

 8  the appropriate vehicle group designation or indorsement required

 9  for the specific vehicle group being operated or the passengers

10  or type of cargo being transported.

11        (ix) Any other serious traffic violation as defined in 49 CFR

12  383.5 or as prescribed under this act.

13        Sec. 319f. (1) A person shall not operate a commercial motor

14  vehicle in this state in violation of an out-of-service order.

15        (2) Except as otherwise provided in this subsection, the

16  secretary of state shall immediately suspend all vehicle group

17  designations on the operator's or chauffeur's license of a person

18  convicted of violating a driver out-of-service or vehicle out-of-

19  service order as follows:

20        (a) If the violation occurred while the person was

21  transporting nonhazardous material, the vehicle group

22  designations shall be suspended as follows:

23        (i) Except as provided in subparagraphs (ii) and (iii),

24  suspension for not less than 90 days or more than 1 year.

25        (ii) If the violation is the person's second violation within

26  a 10-year period, suspension for not less than 1 year or more

27  than 5 years.

 1        (iii) If the violation is the person's third or subsequent

 2  violation within a 10-year period, suspension for not less than 3

 3  years or more than 5 years.

 4        (b) If the violation occurred while the person was

 5  transporting hazardous materials required to be placarded under

 6  49 CFR parts 100 to 199 or while operating a vehicle designed to

 7  transport 16 or more passengers, including the driver, the

 8  vehicle group designations shall be suspended as follows:

 9        (i) Except as otherwise provided in subparagraph (ii),

10  suspension for not less than 180 days or more than 2 years.

11        (ii) For a second or subsequent violation within a 10-year

12  period, suspension for not less than 3 years or more than 5

13  years.

14        (3) A person who violates an out-of-service order shall be

15  ordered to pay a civil fine of not less than $1,100.00 or more

16  than $2,750.00.

17  (4)  (2) As used in  subsection (1)  this section:

18        (a) "Out-of-service order" means a declaration by an

19  authorized enforcement officer that a driver of a commercial

20  motor vehicle as defined in subdivision (b), or a motor carrier

21  operation, is out-of-service pursuant to 49  C.F.R.  CFR 386.72,

22  49 C.F.R. 392.5,  49 C.F.R. 395.13,  49 C.F.R.  or 396.9, or

23  the north American uniform out-of-service criteria, or a law or

24  local ordinance of a state, the United States, Canada, Mexico, or

25  a local jurisdiction thereof, substantially corresponding to 49

26  C.F.R.  CFR 386.72,  49 C.F.R. 392.5,  49 C.F.R. 395.13,  49

27  C.F.R.  or 396.9, or the north American uniform out-of-service

 1  criteria.

 2        (b) "Commercial motor vehicle" means  any motor vehicle

 3  that term as defined in section 7a and any motor vehicle having a

 4  GVWR or GCWR of 10,001 pounds or more.

 5        Sec. 319g. (1) An employer shall not knowingly allow,

 6  permit, authorize, or require a driver to operate a commercial

 7  motor vehicle in violation of any of the following:

 8        (a) Section 667, 668, 669,  or 669a, or 670 or a federal,

 9  state, or local law or regulation pertaining to railroad-highway

10  grade crossings.

11        (b) Motor carrier safety regulations 49 CFR 392.10 or

12  392.11, as adopted by section 1a of the motor carrier safety act

13  of 1963, 1963 PA 181, MCL 480.11a.

14        (c) Section 57 of the pupil transportation act, 1990 PA 187,

15  MCL 257.1857.

16        (d) Motor carrier safety regulations 49 CFR 392.10 or

17  392.11, as adopted by section 31 of the motor bus transportation

18  act, 1982 PA 432, MCL 474.131.

19        (e) Motor carrier safety regulations 49 CFR 392.10 or 392.11

20  while operating a commercial motor vehicle other than a vehicle

21  covered under subdivision (b), (c), or (d).

22        (f) Transportation security regulations 49 CFR parts 1570

23  and 1572 or motor carrier safety regulations 49 CFR parts 383 and

24  384 that regulate who may operate a commercial motor vehicle that

25  is used to transport hazardous material.

26        (g) An out-of-service order.

27        (2)  A  Except as otherwise provided in subdivisions (a) and

 1  (b), a person who violates this section is responsible for a

 2  civil infraction:  .

 3        (a) An employer who violates subsection (1)(a) is

 4  responsible for a civil infraction and liable to pay a civil fine

 5  of not more than $10,000.00.

 6        (b) An employer who violates subsection (1)(g) is

 7  responsible for a civil infraction and liable to pay a civil fine

 8  of not less than $2,750.00 or more than $11,000.00.

 9        (3) As used in this section, "out-of-service order" means a

10  declaration by an authorized enforcement officer that a driver of

11  a commercial motor vehicle or a motor carrier operation is out of

12  service pursuant to 49 CFR 386.72, 392.5, 395.13, or 396.9, or

13  the North American uniform out-of-service criteria, or a law or

14  local ordinance of a state, the United States, Canada, Mexico, or

15  a local jurisdiction thereof substantially corresponding to 49

16  CFR 386.72, 392.5, 395.13, or 396.9, or the North American

17  uniform out-of-service criteria.

18        Sec. 324. (1) A person shall not do any of the following:

19        (a) Display, or cause or permit to be displayed, or have in

20  possession an operator's or chauffeur's license knowing the

21  operator's or chauffeur's license to be fictitious or to have

22  been canceled, revoked, suspended, or altered.

23        (b) Lend to or knowingly permit use of, by one not entitled

24  to its use, the operator's or chauffeur's license issued to the

25  person lending or permitting the use of the operator's or

26  chauffeur's license.

27        (c) Display or to represent as one's own any operator's or

 1  chauffeur's license not issued to the person displaying the

 2  operator's or chauffeur's license.

 3        (d) Fail or refuse to surrender to the department upon

 4  demand, any operator's or chauffeur's license which has been

 5  suspended, canceled, or revoked as provided by law.

 6        (e) Use a false or fictitious name or give a false or

 7  fictitious address in an application for an operator's or

 8  chauffeur's license, or any renewal or duplicate of an operator's

 9  or chauffeur's license, or knowingly make a false statement or

10  knowingly conceal a material fact or otherwise commit a fraud in

11  making an application.

12        (f) Alter or otherwise cause to be altered any operator's or

13  chauffeur's license so as to knowingly make a false statement or

14  knowingly conceal a material fact in order to misrepresent as

15  one's own the operator's or chauffeur's license.

16        (g) Use or have in possession in committing a crime an

17  operator's or chauffeur's license that has been altered or that

18  is used to knowingly make a false statement or to knowingly

19  conceal a material fact in order to misrepresent as one's own the

20  operator's or chauffeur's license.

21        (h) Furnish to a peace officer false, forged, fictitious, or

22  misleading verbal or written information identifying the person

23  as another person, if the person is detained for a violation of

24  this act or of a local ordinance substantially corresponding to a

25  provision of this act.

26        (2) A license for an operator or chauffeur issued under this

27  chapter upon an application that is untrue, or that contains

 1  false statements as to any material matters, is absolutely void

 2  from the date of issuance. The operator or chauffeur who was

 3  issued the license is considered unlicensed and the license

 4  issued shall be returned upon request or order of the department.

 5  A person whose commercial driver license application is voided or

 6  canceled under this subsection shall not reapply for a commercial

 7  driver license for at least 60 days after an application is

 8  voided or canceled.

 9        Sec. 732. (1) Each municipal judge and each clerk of a court

10  of record shall keep a full record of every case in which a

11  person is charged with or cited for a violation of this act or a

12  local ordinance substantially corresponding to this act

13  regulating the operation of vehicles on highways and with those

14  offenses pertaining to the operation of ORVs or snowmobiles for

15  which points are assessed under section 320a(1)(c) or (i). Except

16  as provided in subsection (16), the municipal judge or clerk of

17  the court of record shall prepare and forward to the secretary of

18  state an abstract of the court record as follows:

19        (a)  Until October 1, 2005, within 14 days after a

20  conviction, forfeiture of bail, or entry of a civil infraction

21  determination or default judgment upon a charge of or citation

22  for violating or attempting to violate this act or a local

23  ordinance substantially corresponding to this act regulating the

24  operation of vehicles on highways, or, beginning October 1, 2005,

25  within  Not more than 5 days after a conviction, forfeiture of

26  bail, or entry of a civil infraction determination or default

27  judgment upon a charge of or citation for violating or attempting

 1  to violate this act or a local ordinance substantially

 2  corresponding to this act regulating the operation of vehicles on

 3  highways.

 4        (b) Immediately for each case charging a violation of

 5  section 625(1), (3), (4), (5), (6), (7), or (8) or section 625m

 6  or a local ordinance substantially corresponding to section

 7  625(1), (3), (6), or (8) or section 625m in which the charge is

 8  dismissed or the defendant is acquitted.

 9        (c) Immediately for each case charging a violation of

10  section 82127(1) or (3), 81134, or 81135 of the natural resources

11  and environmental protection act, 1994 PA 451, MCL 324.82127,

12  324.81134, and 324.81135, or a local ordinance substantially

13  corresponding to those sections.

14        (2) If a city or village department, bureau, or person is

15  authorized to accept a payment of money as a settlement for a

16  violation of a local ordinance substantially corresponding to

17  this act, the city or village department, bureau, or person shall

18  send a full report of each case in which a person pays any amount

19  of money to the city or village department, bureau, or person to

20  the secretary of state upon a form prescribed by the secretary of

21  state.

22        (3) The abstract or report required under this section shall

23  be made upon a form furnished by the secretary of state. An

24  abstract shall be certified by signature, stamp, or facsimile

25  signature of the person required to prepare the abstract as

26  correct. An abstract or report shall include all of the

27  following:

 1        (a) The name, address, and date of birth of the person

 2  charged or cited.

 3        (b) The number of the person's operator's or chauffeur's

 4  license, if any.

 5        (c) The date and nature of the violation.

 6        (d) The type of vehicle driven at the time of the violation

 7  and, if the vehicle is a commercial motor vehicle, that vehicle's

 8  group designation.  and indorsement classification.

 9        (e) The date of the conviction, finding, forfeiture,

10  judgment, or civil infraction determination.

11        (f) Whether bail was forfeited.

12        (g) Any license restriction, suspension, or denial ordered

13  by the court as provided by law.

14        (h) The vehicle identification number and registration plate

15  number of all vehicles that are ordered immobilized or forfeited.

16        (i) Other information considered necessary to the secretary

17  of state.

18        (4) The clerk of the court also shall forward an abstract of

19  the court record to the secretary of state upon a person's

20  conviction involving any of the following:

21        (a) A violation of section 413, 414, or 479a of the Michigan

22  penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a.

23        (b) A violation of section 1 of former 1931 PA 214.

24        (c) Negligent homicide, manslaughter, or murder resulting

25  from the operation of a vehicle.

26        (d) A violation of section 703 of the Michigan liquor

27  control code of 1998, 1998 PA 58, MCL 436.1703, or a local

 1  ordinance substantially corresponding to that section.

 2        (e) A violation of section 411a(2) of the Michigan penal

 3  code, 1931 PA 328, MCL 750.411a.

 4        (f) A violation of motor carrier safety regulations  ,  49

 5  CFR 392.10 or 392.11  ,  as adopted by section 1a of the motor

 6  carrier safety act of 1963, 1963 PA 181, MCL 480.11a.

 7        (g) A violation of section 57 of the pupil transportation

 8  act, 1990 PA 187, MCL 257.1857.

 9        (h) A violation of motor carrier safety regulations  ,  49

10  CFR 392.10 or 392.11  ,  as adopted by section 31 of the motor

11  bus transportation act, 1982 PA 432, MCL 474.131.

12        (i) An attempt to violate, a conspiracy to violate, or a

13  violation of part 74 of the public health code, 1978 PA 368, MCL

14  333.7401 to 333.7461, or a local ordinance that prohibits conduct

15  prohibited under part 74 of the public health code, 1978 PA 368,

16  MCL 333.7401 to 333.7461, unless the convicted person is

17  sentenced to life imprisonment or a minimum term of imprisonment

18  that exceeds 1 year for the offense.

19        (j) An attempt to commit an offense described in

20  subdivisions (a) to (h).

21        (k) A violation of chapter LXXXIII-A of the Michigan penal

22  code, 1931 PA 328, MCL 750.543a to 750.543z.

23        (l) A violation of section 3101, 3102(1), or 3103 of the

24  insurance code of 1956, 1956 PA 218, MCL 500.3101, 500.3102, and

25  500.3103.

26        (m) A violation listed as a disqualifying offense under  the

27  federal motor carrier safety regulations, 49 CFR 383.51.

 1        (5)  Beginning September 1, 2004, the  The clerk of the

 2  court shall also forward an abstract of the court record to the

 3  secretary of state if a person has pled guilty to, or offered a

 4  plea of admission in a juvenile proceeding for, a violation of

 5  section 703 of the Michigan liquor control code of 1998, 1998 PA

 6  58, MCL 436.1703, or a local ordinance substantially

 7  corresponding to that section, and has had further proceedings

 8  deferred under that section. If the person is sentenced to a term

 9  of probation and terms and conditions of probation are fulfilled

10  and the court discharges the individual and dismisses the

11  proceedings, the court shall also report the dismissal to the

12  secretary of state.

13        (6) As used in subsections (7) to (9), "felony in which a

14  motor vehicle was used" means a felony during the commission of

15  which the person operated a motor vehicle and while operating the

16  vehicle presented real or potential harm to persons or property

17  and 1 or more of the following circumstances existed:

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

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

20  felony.

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

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

23  felony.

24        (7) If a person is charged with a felony in which a motor

25  vehicle was used, other than a felony specified in subsection (4)

26  or section 319, the prosecuting attorney shall include the

27  following statement on the complaint and information filed in

 1  district or circuit court:

 2        "You are charged with the commission of a felony in which a

 3  motor vehicle was used. If you are convicted and the judge finds

 4  that the conviction is for a felony in which a motor vehicle was

 5  used, as defined in section 319 of the Michigan vehicle code,

 6  1949 PA 300, MCL 257.319, your driver's license shall be

 7  suspended by the secretary of state.".

 8        (8) If a juvenile is accused of an act, the nature of which

 9  constitutes a felony in which a motor vehicle was used, other

10  than a felony specified in subsection (4) or section 319, the

11  prosecuting attorney or family division of circuit court shall

12  include the following statement on the petition filed in the

13  court:

14        "You are accused of an act the nature of which constitutes a

15  felony in which a motor vehicle was used. If the accusation is

16  found to be true and the judge or referee finds that the nature

17  of the act constitutes a felony in which a motor vehicle was

18  used, as defined in section 319 of the Michigan vehicle code,

19  1949 PA 300, MCL 257.319, your driver's license shall be

20  suspended by the secretary of state.".

21        (9) If the court determines as part of the sentence or

22  disposition that the felony for which the person was convicted or

23  adjudicated and with respect to which notice was given under

24  subsection (7) or (8) is a felony in which a motor vehicle was

25  used, the clerk of the court shall forward an abstract of the

26  court record of that conviction to the secretary of state.

27        (10) As used in subsections (11) and (12), "felony in which

 1  a commercial motor vehicle was used" means a felony during the

 2  commission of which the person operated a commercial motor

 3  vehicle and while the person was operating the vehicle 1 or more

 4  of the following circumstances existed:

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

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

 7  felony.

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

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

10  felony.

11        (11) If a person is charged with a felony in which a

12  commercial motor vehicle was used and for which a vehicle group

13  designation on a license is subject to suspension or revocation

14  under section 319b(1)(c)(iii), 319b(1)(d), 319b(1)(e)(iii), or

15  319b(1)(f)(i), the prosecuting attorney shall include the

16  following statement on the complaint and information filed in

17  district or circuit court:

18        "You are charged with the commission of a felony in which a

19  commercial motor vehicle was used. If you are convicted and the

20  judge finds that the conviction is for a felony in which a

21  commercial motor vehicle was used, as defined in section 319b of

22  the Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle

23  group designations on your driver's license shall be suspended or

24  revoked by the secretary of state.".

25        (12) If the judge determines as part of the sentence that

26  the felony for which the defendant was convicted and with respect

27  to which notice was given under subsection (11) is a felony in

 1  which a commercial motor vehicle was used, the clerk of the court

 2  shall forward an abstract of the court record of that conviction

 3  to the secretary of state.

 4        (13) Every person required to forward abstracts to the

 5  secretary of state under this section shall certify for the

 6  period from January 1 through June 30 and for the period from

 7  July 1 through December 31 that all abstracts required to be

 8  forwarded during the period have been forwarded. The

 9  certification shall be filed with the secretary of state not

10  later than 28 days after the end of the period covered by the

11  certification. The certification shall be made upon a form

12  furnished by the secretary of state and shall include all of the

13  following:

14        (a) The name and title of the person required to forward

15  abstracts.

16        (b) The court for which the certification is filed.

17        (c) The time period covered by the certification.

18        (d) The following statement:

19        "I certify that all abstracts required by section 732 of the

20  Michigan vehicle code, MCL 257.732; MSA 9.2432, for the period

21  ________________ through ______________ have been forwarded to

22  the secretary of state.".

23        (e) Other information the secretary of state considers

24  necessary.

25        (f) The signature of the person required to forward

26  abstracts.

27        (14) The failure, refusal, or neglect of a person to comply

 1  with this section constitutes misconduct in office and is grounds

 2  for removal from office.

 3        (15) Except as provided in subsection (16), the secretary of

 4  state shall keep all abstracts received under this section at the

 5  secretary of state's main office and the abstracts shall be open

 6  for public inspection during the office's usual business hours.

 7  Each abstract shall be entered upon the master driving record of

 8  the person to whom it pertains.

 9        (16) Except for controlled substance offenses described in

10  subsection (4), the court shall not submit, and the secretary of

11  state shall discard and not enter on the master driving record,

12  an abstract for a conviction or civil infraction determination

13  for any of the following violations:

14        (a) The parking or standing of a vehicle.

15        (b) A nonmoving violation that is not the basis for the

16  secretary of state's suspension, revocation, or denial of an

17  operator's or chauffeur's license.

18        (c) A violation of chapter II that is not the basis for the

19  secretary of state's suspension, revocation, or denial of an

20  operator's or chauffeur's license.

21        (d) A pedestrian, passenger, or bicycle violation, other

22  than a violation of section 703(1) or (2) of the Michigan liquor

23  control code of 1998, 1998 PA 58, MCL 436.1703, or a local

24  ordinance substantially corresponding to section 703(1) or (2) of

25  the Michigan liquor control code of 1998, 1998 PA 58, MCL

26  436.1703, or section 624a or 624b or a local ordinance

27  substantially corresponding to section 624a or 624b.

    House Bill No. 6084 as amended June 20, 2006

 1        (e) A violation of section 710e or a local ordinance

 2  substantially corresponding to section 710e.

 3        (f) A violation of section 328(1) if, before the appearance

 4  date on the citation, the person submits proof to the court that

 5  the motor vehicle had insurance meeting the requirements of

 6  sections 3101 and 3102 of the insurance code of 1956, 1956 PA

 7  218, MCL 500.3101 and 500.3102, at the time the citation was

 8  issued. Insurance obtained subsequent to the time of the

 9  violation does not make the violation an exception under this

10  subsection.

11        (g) A violation described in section  319b(4)(b)(vii)

12  319b(10)(b)(vii) if, before the court appearance date or date fines

13  are to be paid, the person submits proof to the court that he or

14  she held a valid commercial driver license on the date the

15  citation was issued.

<<(h) A violation of section 311 if the person was driving a

    noncommercial vehicle and, before the court appearance date or the date

    fines are to be paid, the person submits proof to the court that he or

    she held a valid driver license on the date the citation was issued.>>

16        (17) Except as otherwise provided in this subsection, the

17  secretary of state shall discard and not enter on the master

18  driving record an abstract for a bond forfeiture that occurred

19  outside this state. The secretary of state shall enter on the

20  master driving record an abstract for a conviction as defined in

21  section 8a(b) that occurred outside this state in connection with

22  the operation of a commercial motor vehicle or for a conviction

23  of a person licensed as a commercial motor vehicle driver.

24        (18) The secretary of state shall inform the courts of this

25  state of the nonmoving violations and violations of chapter II

26  that are used by the secretary of state as the basis for the

27  suspension, restriction, revocation, or denial of an operator's

 1  or chauffeur's license.

 2        (19) If a conviction or civil infraction determination is

 3  reversed upon appeal, the person whose conviction or

 4  determination has been reversed may serve on the secretary of

 5  state a certified copy of the order of reversal. The secretary of

 6  state shall enter the order in the proper book or index in

 7  connection with the record of the conviction or civil infraction

 8  determination.

 9        (20) The secretary of state may permit a city or village

10  department, bureau, person, or court to modify the requirement as

11  to the time and manner of reporting a conviction, civil

12  infraction determination, or settlement to the secretary of state

13  if the modification will increase the economy and efficiency of

14  collecting and utilizing the records. If the permitted abstract

15  of court record reporting a conviction, civil infraction

16  determination, or settlement originates as a part of the written

17  notice to appear, authorized in section 728(1) or 742(1), the

18  form of the written notice and report shall be as prescribed by

19  the secretary of state.

20        (21) Notwithstanding any other law of this state, a court

21  shall not take under advisement an offense committed by a person

22  while operating a commercial motor vehicle or by a person

23  licensed to drive a commercial motor vehicle while operating a

24  noncommercial motor vehicle at the time of the offense, for which

25  this act requires a conviction or civil infraction determination

26  to be reported to the secretary of state. A conviction or civil

27  infraction determination that is the subject of this subsection

    House Bill No. 6084 as amended June 20, 2006                    (1 of 3)

 1  shall not be masked, delayed, diverted, suspended, or suppressed

 2  by a court. Upon a conviction or civil infraction determination,

 3  the conviction or civil infraction determination shall

 4  immediately be reported to the secretary of state in accordance

 5  with this section.

 6        (22) Except as provided in this act and notwithstanding any

 7  other provision of law, a court shall not order expunction of any

 8  violation reportable to the secretary of state under this

 9  section.

<<Sec. 741. (1) A civil infraction action is a civil action in

    which the  defendant is alleged to be responsible for a civil infraction.

    A civil infraction action is commenced upon the issuance and service of a

    citation as provided in section 742. The plaintiff in a civil infraction

    action shall be either the state if the alleged civil infraction is a

    violation of this act, or a political subdivision if the alleged civil

    infraction is a violation of a local ordinance of that subdivision which

    substantially corresponds to a provision of this act.

          (2) The following courts shall have jurisdiction over civil

    infraction actions:

          (a) The district court.

(b) The recorder's court of the city of Detroit—traffic and

ordinance division.

(B) (c) Any municipal court.

          (3) The time specified in a citation for appearance shall be within

    a reasonable time after the citation is issued pursuant to section 742.

          (4) The place specified in the citation for appearance shall be the

    court listed in subsection (2) which has territorial jurisdiction of the

    place where the civil infraction occurred. Venue in the district court

    shall be governed by section 8312 of Act No. 236 of the Public Acts of

1961, as amended, being section 600.8312 of the Michigan Compiled Laws

the revised judicature act of 1961, 1961 PA 236, MCL 600.8312.

          (5) If the person cited is a minor, that individual shall be

    permitted to appear in court or to admit responsibility for a civil

    infraction without the necessity of appointment of a guardian or next

    friend. The courts listed in subsection (2) shall have jurisdiction over

    the minor and may proceed in the same manner and in all respects as if

    that individual were an adult.

          Sec. 743. (1) A citation issued pursuant to section 742 shall

    contain the name of the state or political subdivision acting as

    plaintiff, the name and address of the person to whom the citation is

    issued, the civil infraction alleged, the place where the person shall

    appear in court, the telephone number of the court, the time at or by

    which the appearance shall be made, and the additional information

    required by this section.

          (2) The citation shall inform the defendant to the effect that he

    or she, at or by the time specified for appearance, may:

          (a) Admit responsibility for the civil infraction in person, by

    representation, or by mail.

          (b) Admit responsibility for the civil infraction "with

    explanation" in person, by representation, or by mail.

          (c) Deny responsibility for the civil infraction by doing either of

    the following:

          (i) Appearing in person for an informal hearing before a district

    court magistrate , a referee of the recorder's court of the city of

Detroit—traffic and ordinance division, or a judge , without the

    opportunity of being represented by an attorney.

(ii) Appearing in court for a formal hearing before a judge, with

    the opportunity of being represented by an attorney.

          (3) The citation shall inform the defendant that if the person

    desires to admit responsibility "with explanation" other than by mail or

    to have an informal hearing or a formal hearing, the person must apply to

    the court in person, by mail, or by telephone, within the time specified

    for appearance and obtain a scheduled date and time to appear for a

    hearing. A hearing date may be specified on the citation.

          (4) The citation shall contain a notice in boldface type that the

    failure of a person to appear within the time specified in the citation

    or at the time scheduled for a hearing or appearance will result in entry

    of a default judgment against the person and in the immediate suspension

    of the person's operator's or chauffeur's license. Timely application to

    the court for a hearing or return of the citation with an admission of

    responsibility and with full payment of applicable civil fines and costs

    constitute a timely appearance.

          (5) If the citation is issued to a person who is operating a

    commercial motor vehicle, the citation shall contain a vehicle group

    designation and indorsement description of the vehicle, which vehicle is

    operated by the person at the time of the alleged civil infraction.

          Sec. 746. (1) An informal hearing shall be conducted by a district

    court magistrate when authorized by the judge or judges of the district

    court district , by a referee of the recorder's court of the city of

Detroit—traffic and ordinance division, or by a judge of a court listed

    in section 741(2). A referee or district court magistrate may administer

    oaths, examine witnesses, and make findings of fact and conclusions of

    law at an informal hearing. The judge , referee, or district court

    magistrate shall conduct the informal hearing in an informal manner so as

    to do substantial justice according to the rules of substantive law but

    shall not be bound by the statutory provisions or rules of practice,

    procedure, pleading, or evidence, except provisions relating to

    privileged communications. There shall not be a jury at an informal

    hearing. A verbatim record of an informal hearing shall not be required.

          (2) At an informal hearing the person cited may not be represented

    by an attorney nor may the plaintiff be represented by the prosecuting

    attorney or attorney for a political subdivision.

          (3) Notice of a scheduled informal hearing shall be given to the

    citing police agency, which agency may subpoena witnesses for the

    plaintiff. The defendant may also subpoena witnesses. Witness fees need

    not be paid in advance to a witness. Witness fees for a witness on behalf

    of the plaintiff are payable by the district control unit of the district

    court for the place where the hearing occurs, by the city or village when

    the hearing involves an ordinance violation in a district where the

    district court is not functioning, or by the county when the hearing

    involves a violation of this act in a district where the district court

    is not functioning.

          (4) If the judge , referee, or district court magistrate determines

    by a preponderance of the evidence that the person cited is responsible

    for a civil infraction, the judge , referee, or magistrate shall enter an

    order against the person as provided in section 907. Otherwise, a

    judgment shall be entered for the defendant, but the defendant shall not

    be entitled to costs of the action.

          (5) The plaintiff and defendant shall be entitled to appeal an

    adverse judgment entered at an informal hearing. An appeal from a

    municipal judge shall be a trial de novo in the circuit court. In other

    instances an appeal shall be de novo in the form of a scheduled formal

    hearing as follows:

          (a) The appeal from a judge of the district court or recorder's

court of the city of Detroit—traffic and ordinance division shall be

    heard by a different judge of the district.  or of the traffic and

ordinance division.

(b) The appeal from a district court magistrate shall be heard by a

    judge of the district.

(c) The appeal from a referee shall be heard by a judge of the

recorder's court of the city of Detroit—traffic and ordinance division.>>

10        Sec. 801c. (1) If a check or draft in payment of a fee or

11  tax under this act is not paid on its first presentation, the fee

12  or tax is delinquent as of the date the check or draft was

13  tendered. The person tendering the check or draft remains liable

14  for the payment of each fee or tax and a penalty.

15        (2) If a fee or tax is still delinquent 15 days after the

16  department gives notice to the person tendering the check or

17  draft, a penalty shall be assessed and collected in addition to

18  the fee or tax, and the penalty shall be deposited in the state

19  general fund. The penalty shall be assessed according to the

20  following table:

21 Amount of Check or Draft           Penalty

22 $ .01 to 15.00                     $ 5.00

23 15.01 to 50.00                     10.00

24 50.01 to 100.00                    20.00

25 100.01 to 300.00                   60.00

26 300.01 and higher                  20% of the check or draft

 1        (3) An operator's or chauffeur's license shall not be issued

 2  or renewed for a person who has had outstanding against him or

 3  her a claim resulting from nonpayment of a check or draft used to

 4  pay a fee or tax  on a vehicle  to the secretary of state.

 5        (4) The department shall suspend, until all fees, taxes, and

 6  penalties due are paid, the operator's or chauffeur's license of

 7  a person who has had outstanding against him or her for not less

 8  than 60 days a claim resulting from nonpayment of a check or

 9  draft used to pay a fee or tax  on a vehicle  to the secretary of

10  state. A person whose operator's or chauffeur's license has been

11  suspended under this section shall not be subject to the

12  examination provisions of section 320c.

13        (5) The collection of delinquent accounts remains the

14  responsibility of the office of secretary of state.

15        Sec. 811k.  (1) The secretary of state shall develop under

16  section 811e and, upon application, may issue under section 811f

17  a state-sponsored lighthouse fund-raising registration plate and

18  a matching state-sponsored lighthouse fund-raising collector

19  plate as provided under section 811g. The plate shall be of a

20  design as determined by the secretary of state.

21  (1)  (2)  The Michigan lighthouse preservation grant fund is

22  created as a separate fund in the department of treasury. The

23  fund shall be expended only as provided in this section. The

24  state treasurer may receive money or other assets from any source

25  for deposit into the fund. The state treasurer shall direct the

26  investment of the fund. The state treasurer shall credit to the

27  fund interest and earnings from fund investments. The state

 1  treasurer shall annually present to the  secretary of state

 2  department of history, arts, and libraries an accounting of the

 3  amount of money in the fund. Money in the fund at the close of

 4  the fiscal year shall remain in the fund and shall not lapse to

 5  the general fund.

 6  (2)  (3)  The  secretary of state department of history,

 7  arts, and libraries shall administer the Michigan lighthouse

 8  preservation fund and may expend money from  the that fund

 9  through discretionary historical grants to preserve Michigan

10  lighthouses. The  secretary of state department of history,

11  arts, and libraries shall  not  use not more than 10% of the

12  funds for  the secretary of state's  costs that occur from fund

13  administration and grant project coordination.

14  (3)  (4)  The  secretary of state department of history,

15  arts, and libraries may award grants under subsection (2) for the

16  preparation of plans and specifications for restoration and

17  stabilization and for stabilization, rehabilitation, or other

18  preservation work on a Michigan lighthouse, but grants shall not

19  be awarded for operational purposes. The  secretary of state

20  department of history, arts, and libraries shall allocate grant

21  funds pursuant to eligibility and scoring requirements

22  established by the  secretary of state department of history,

23  arts, and libraries. To award grants under this section, the

24  secretary of state department of history, arts, and libraries

25  shall solicit applications from eligible recipients, score

26  applications based on the established criteria, and award grants

27  through executed contracts. All plans and work performed under a

 1  grant shall be consistent with the United States secretary of the

 2  interior's standards for rehabilitation and guidelines for

 3  rehabilitating historic buildings,  36 C.F.R. 36 CFR 67,

 4  historic preservation certifications.

 5  (4)  (5) Lighthouse fund-raising registration plate

 6  donations collected under section 811f and matching lighthouse

 7  collector plate fund-raising donations collected under section

 8  Fund-raising donations for plates recognizing the historical

 9  lighthouses of this state under sections 811f and 811g shall be

10  transferred under section  811m 811h by the secretary of state

11  to the state treasurer, who shall credit the donation money to

12  the Michigan lighthouse preservation grant fund for the

13  preservation of historic Michigan lighthouses.

14        (6) For purposes of this chapter, "state-sponsored

15  lighthouse fund-raising registration plate" means a registration

16  plate containing a specialized design pertaining to historic

17  Michigan lighthouses.

18        Sec. 907. (1) A violation of this act, or a local ordinance

19  substantially corresponding to a provision of this act, that is

20  designated a civil infraction shall not be considered a lesser

21  included offense of a criminal offense.

22        (2) If a person is determined pursuant to sections 741 to

23  750 to be responsible or responsible "with explanation" for a

24  civil infraction under this act or a local ordinance

25  substantially corresponding to a provision of this act, the judge

26  or district court magistrate may order the person to pay a civil

27  fine of not more than $100.00 and costs as provided in subsection

 1  (4). However, for a violation of section 674(1)(s) or a local

 2  ordinance substantially corresponding to section 674(1)(s), the

 3  person shall be ordered to pay costs as provided in subsection

 4  (4) and a civil fine of not less than $100.00 or more than

 5  $250.00. For a violation of section 328, the civil fine ordered

 6  under this subsection shall be not more than $50.00. For a

 7  violation of section 710d, the civil fine ordered under this

 8  subsection shall not exceed $10.00. For a violation of section

 9  710e, the civil fine and court costs ordered under this

10  subsection shall be $25.00. For a violation of section 682 or a

11  local ordinance substantially corresponding to section 682, the

12  person shall be ordered to pay costs as provided in subsection

13  (4) and a civil fine of not less than $100.00 or more than

14  $500.00. For a violation of section 240, the civil fine ordered

15  under this subsection shall be $15.00. For a violation of section

16  252a(1), the civil fine ordered under this subsection shall be

17  $50.00. For a violation of section 676a(3), the civil fine

18  ordered under this section shall be not more than $10.00. For a

19  violation of section 319f(1), the civil fine ordered under this

20  section shall be not less than $1,100.00 or more than $2,750.00.

21  For a violation of section 319g(1)(a), the civil fine ordered

22  under this section shall be not more than $10,000.00. For a

23  violation of section 319g(1)(b), the civil fine ordered under

24  this section shall be not less than $2,750.00 or more than

25  $11,000.00. Permission may be granted for payment of a civil fine

26  and costs to be made within a specified period of time or in

27  specified installments, but unless permission is included in the

 1  order or judgment, the civil fine and costs shall be payable

 2  immediately.

 3        (3) Except as provided in this subsection, if a person is

 4  determined to be responsible or responsible "with explanation"

 5  for a civil infraction under this act or a local ordinance

 6  substantially corresponding to a provision of this act while

 7  driving a commercial motor vehicle, he or she shall be ordered to

 8  pay costs as provided in subsection (4) and a civil fine of not

 9  more than $250.00. If a person is determined to be responsible or

10  responsible "with explanation" for a civil infraction under

11  section 319g or a local ordinance substantially corresponding to

12  section 319g, that person shall be ordered to pay costs as

13  provided in subsection (4) and a civil fine of not more than

14  $10,000.00.

15        (4) If a civil fine is ordered under subsection (2) or (3),

16  the judge or district court magistrate shall summarily tax and

17  determine the costs of the action, which are not limited to the

18  costs taxable in ordinary civil actions, and may include all

19  expenses, direct and indirect, to which the plaintiff has been

20  put in connection with the civil infraction, up to the entry of

21  judgment. Costs shall not be ordered in excess of $100.00. A

22  civil fine ordered under subsection (2) or (3) shall not be

23  waived unless costs ordered under this subsection are waived.

24  Except as otherwise provided by law, costs are payable to the

25  general fund of the plaintiff.

26        (5) In addition to a civil fine and costs ordered under

27  subsection (2) or (3) and subsection (4) and the justice system

 1  assessment ordered under subsection (14), the judge or district

 2  court magistrate may order the person to attend and complete a

 3  program of treatment, education, or rehabilitation.

 4        (6) A district court magistrate shall impose the sanctions

 5  permitted under subsections (2), (3), and (5) only to the extent

 6  expressly authorized by the chief judge or only judge of the

 7  district court district.

 8        (7) Each district of the district court and each municipal

 9  court may establish a schedule of civil fines, costs, and

10  assessments to be imposed for civil infractions that occur within

11  the respective district or city. If a schedule is established, it

12  shall be prominently posted and readily available for public

13  inspection. A schedule need not include all violations that are

14  designated by law or ordinance as civil infractions. A schedule

15  may exclude cases on the basis of a defendant's prior record of

16  civil infractions or traffic offenses, or a combination of civil

17  infractions and traffic offenses.

18        (8) The state court administrator shall annually publish and

19  distribute to each district and court a recommended range of

20  civil fines and costs for first-time civil infractions. This

21  recommendation is not binding upon the courts having jurisdiction

22  over civil infractions but is intended to act as a normative

23  guide for judges and district court magistrates and a basis for

24  public evaluation of disparities in the imposition of civil fines

25  and costs throughout the state.

26        (9) If a person has received a civil infraction citation for

27  defective safety equipment on a vehicle under section 683, the

 1  court shall waive a civil fine, costs, and assessments upon

 2  receipt of certification by a law enforcement agency that repair

 3  of the defective equipment was made before the appearance date on

 4  the citation.

 5        (10) A default in the payment of a civil fine or costs

 6  ordered under subsection (2), (3), or (4) or a justice system

 7  assessment ordered under subsection (14), or an installment of

 8  the fine, costs, or assessment, may be collected by a means

 9  authorized for the enforcement of a judgment under chapter 40 of

10  the revised judicature act of 1961, 1961 PA 236, MCL 600.4001 to

11  600.4065, or under chapter 60 of the revised judicature act of

12  1961, 1961 PA 236, MCL 600.6001 to 600.6098.

13        (11) If a person fails to comply with an order or judgment

14  issued pursuant to this section within the time prescribed by the

15  court, the driver's license of that person shall be suspended

16  pursuant to section 321a until full compliance with that order or

17  judgment occurs. In addition to this suspension, the court may

18  also proceed under section 908.

19        (12) The court shall waive any civil fine, cost, or

20  assessment against a person who received a civil infraction

21  citation for a violation of section 710d if the person, before

22  the appearance date on the citation, supplies the court with

23  evidence of acquisition, purchase, or rental of a child seating

24  system meeting the requirements of section 710d.

25        (13) Until October 1, 2003, in addition to any civil fines

26  and costs ordered to be paid under this section, the judge or

27  district court magistrate shall levy an assessment of $5.00 for

 1  each civil infraction determination, except for a parking

 2  violation or a violation for which the total fine and costs

 3  imposed are $10.00 or less. An assessment paid before October 1,

 4  2003 shall be transmitted by the clerk of the court to the state

 5  treasurer to be deposited into the Michigan justice training

 6  fund. An assessment ordered before October 1, 2003 but collected

 7  on or after October 1, 2003 shall be transmitted by the clerk of

 8  the court to the state treasurer for deposit in the justice

 9  system fund created in section 181 of the revised judicature act

10  of 1961, 1961 PA 236, MCL 600.181. An assessment levied under

11  this subsection is not a civil fine for purposes of section 909.

12        (14) Effective October 1, 2003, in addition to any civil

13  fines or costs ordered to be paid under this section, the judge

14  or district court magistrate shall order the defendant to pay a

15  justice system assessment of $40.00 for each civil infraction

16  determination, except for a parking violation or a violation for

17  which the total fine and costs imposed are $10.00 or less. Upon

18  payment of the assessment, the clerk of the court shall transmit

19  the assessment collected to the state treasury to be deposited

20  into the justice system fund created in section 181 of the

21  revised judicature act of 1961, 1961 PA 236, MCL 600.181. An

22  assessment levied under this subsection is not a civil fine for

23  purposes of section 909.

24        (15) If a person has received a citation for a violation of

25  section 223, the court shall waive any civil fine, costs, and

26  assessment, upon receipt of certification by a law enforcement

27  agency that the person, before the appearance date on the

 1  citation, produced a valid registration certificate that was

 2  valid on the date the violation of section 223 occurred.

 3        (16) If a person has received a citation for a violation of

 4  section 328(1) for failing to produce a certificate of insurance

 5  pursuant to section 328(2), the court may waive the fee described

 6  in section 328(3)(c) and shall waive any fine, costs, and any

 7  other fee or assessment otherwise authorized under this act upon

 8  receipt of verification by the court that the person, before the

 9  appearance date on the citation, produced valid proof of

10  insurance that was in effect at the time the violation of section

11  328(1) occurred. Insurance obtained subsequent to the time of the

12  violation does not make the person eligible for a waiver under

13  this subsection.