February 19, 2009, Introduced by Reps. Polidori and Constan and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 320a (MCL 257.320a), as amended by 2008 PA
463.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 320a. (1) Until October 1, 2005, within 10 days after
2 the receipt of a properly prepared abstract from this state or
3 another state, or, beginning October 1, 2005, within 5 days after
4 the receipt of a properly prepared abstract from this state or
5 another state, the secretary of state shall record the date of
6 conviction, civil infraction determination, or probate court
7 disposition, and the number of points for each, based on the
1 following formula, except as otherwise provided in this section
2 and section 629c:
3 (a) Manslaughter, negligent homicide, or a
4 felony resulting from the operation of a motor
5 vehicle, ORV, or snowmobile............................6 points
6 (b) A violation of section 601b(2) or (3),
7 601c(1)
or (2), 601d, or 653a(3) or (4)
or, beginning
8 October 31, 2010, a violation of section 601d..........6 points
9 (c) A violation of section 625(1), (4), (5),
10 (7), or (8), section 81134 or 82127(1) of the
11 natural resources and environmental protection act,
12 1994 PA 451, MCL 324.81134 and 324.82127, or a law or
13 ordinance substantially corresponding to section
14 625(1), (4), (5), (7), or (8), or section 81134
15 or 82127(1) of the natural resources and
16 environmental protection act, 1994 PA 451,
17 MCL 324.81134 and 324.82127............................6 points
18 (d) Failing to stop and disclose identity
19 at the scene of an accident when required by law.......6 points
20 (e) Operating a motor vehicle in violation
21 of section 626.........................................6 points
22 (f) Fleeing or eluding an officer.................6 points
23 (g) A violation of section 627(9) pertaining
24 to speed in a work zone described in that section
25 by exceeding the lawful maximum by more than
26 15 miles per hour......................................5 points
27 (h) A violation of any law other than the
28 law described in subdivision (g) or ordinance
29 pertaining to speed by exceeding the lawful
30 maximum by more than 15 miles per hour.................4 points
1 (i) A violation of section 625(3) or (6),
2 section 81135 or 82127(3) of the natural
3 resources and environmental protection act,
4 1994 PA 451, MCL 324.81135 and 324.82127,
5 or a law or ordinance substantially corresponding
6 to section 625(3) or (6) or section 81135
7 or 82127(3) of the natural resources and
8 environmental protection act, 1994 PA 451,
9 MCL 324.81135 and 324.82127............................4 points
10 (j) A violation of section 626a or a law
11 or ordinance substantially corresponding to
12 section 626a...........................................4 points
13 (k) A violation of section 653a(2)................4 points
14 (l) A violation of section 627(9) pertaining
15 to speed in a work zone described in that section
16 by exceeding the lawful maximum by more than 10
17 but not more than 15 miles per hour....................4 points
18
(m) A Beginning October 31, 2010, a
19 moving violation resulting in an at-fault
20 collision with another vehicle, a person,
21 or any other object....................................4 points
22 (n) A violation of any law other than the
23 law described in subdivision (l) or ordinance
24 pertaining to speed by exceeding the lawful
25 maximum by more than 10 but not more than 15
26 miles per hour or careless driving in violation
27 of section 626b or a law or ordinance substantially
28 corresponding to section 626b..........................3 points
29 (o) A violation of section 627(9) pertaining
30 to speed in a work zone described in that section
31 by exceeding the lawful maximum by 10 miles per
1 hour or less...........................................3 points
2 (p) A violation of any law other than the law
3 described in subdivision (o) or ordinance
4 pertaining to speed by exceeding the lawful maximum
5 by 10 miles per hour or less...........................2 points
6 (q) Disobeying a traffic signal or stop sign,
7 or improper passing....................................3 points
8 (r) A violation of section 624a, 624b, or
9 a law or ordinance substantially corresponding to
10 section 624a or 624b...................................2 points
11 (s) A violation of section 310e(4) or (6) or
12 a law or ordinance substantially corresponding to
13 section 310e(4) or (6).................................2 points
14 (t) All other moving violations pertaining to
15 the operation of motor vehicles reported under
16 this section...........................................2 points
17 (u) A refusal by a person less than 21 years of
18 age to submit to a preliminary breath test required
19 by a peace officer under section 625a..................2 points
20 (2) Points shall not be entered for a violation of section
21 310e(14), 311, 602b, 625m, 658, 717, 719, 719a, or 723.
22 (3) Points shall not be entered for bond forfeitures.
23 (4) Points shall not be entered for overweight loads or for
24 defective equipment.
25 (5) If more than 1 conviction, civil infraction
26 determination, or probate court disposition results from the same
27 incident, points shall be entered only for the violation that
28 receives the highest number of points under this section.
29 (6) If a person has accumulated 9 points as provided in this
1 section, the secretary of state may call the person in for an
2 interview as to the person's driving ability and record after due
3 notice as to time and place of the interview. If the person fails
4 to appear as provided in this subsection, the secretary of state
5 shall add 3 points to the person's record.
6 (7) If a person violates a speed restriction established by
7 an executive order issued during a state of energy emergency as
8 provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of
9 state shall enter points for the violation pursuant to subsection
10 (1).
11 (8) The secretary of state shall enter 6 points upon the
12 record of a person whose license is suspended or denied pursuant
13 to section 625f. However, if a conviction, civil infraction
14 determination, or probate court disposition results from the same
15 incident, additional points for that offense shall not be
16 entered.
17 (9) If a Michigan driver commits a violation in another
18 state that would be a civil infraction if committed in Michigan,
19 and a conviction results solely because of the failure of the
20 Michigan driver to appear in that state to contest the violation,
21 upon receipt of the abstract of conviction by the secretary of
22 state, the violation shall be noted on the driver's record, but
23 no points shall be assessed against his or her driver's license.