November 9, 2011, Introduced by Senator SCHUITMAKER and referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 304, 319, and 319b (MCL 257.304, 257.319, and
257.319b), section 304 as added by 2010 PA 155, section 319 as
amended by 2010 PA 267, and section 319b as amended by 2008 PA 463.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 304. (1) Except as provided in subsection (3), the
secretary of state shall issue a restricted license to a person
whose license was suspended or restricted under section 319 or
revoked or denied under section 303 based on either of the
following:
(a) Two or more convictions for violating section 625(1) or
(3) or a local ordinance of this state substantially corresponding
to section 625(1) or (3).
(b) One conviction for violating section 625(1) or (3) or a
local ordinance of this state substantially corresponding to
section 625(1) or (3), preceded by 1 or more convictions for
violating a local ordinance or law of another state substantially
corresponding to section 625(1), (3), or (6), or a law of the
United States substantially corresponding to section 625(1), (3),
or (6).
(2) A restricted license issued under subsection (1) shall not
be issued until after the person's operator's or chauffeur's
license has been suspended or revoked for 45 days and the judge
assigned to a DWI/sobriety court certifies to the secretary of
state that both of the following conditions have been met:
(a) The person has been admitted into a DWI/sobriety court
program.
(b) An ignition interlock device approved, certified, and
installed as required under sections 625k and 625l has been
installed on each motor vehicle owned or operated, or both, by the
individual.
(3) A restricted license shall not be issued under subsection
(1) if the person is otherwise ineligible for an operator's or
chauffeur's license under this act, unless the person's
ineligibility is based on 1 or more of the following:
(a) Section 303(1)(i) or (l).
(b) Section 303(2)(c)(i) or (iii).
(c) Section 303(2)(g)(i) or (iii).
(d) Section 319(4), (5), (6), (7), (8)(a) to (e), or (9).
(e) Section 319e(2)(a) or (b).
(f) Section 320(1)(d).
(g) Section 321a(1), (2), or (3).
(h) Section 323c.
(i) Section 625f(1)(a).
(j) Section 732a(5).
(k) Section 904(10).
(l) Section 82105a(2) of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.82105a.
(m) Section 3177 of the insurance code of 1956, 1956 PA 218,
MCL 500.3177.
(n) Section 10 of the motor vehicle claims act, 1965 PA 198,
MCL 257.1110.
(4) A restricted license issued under subsection (1) permits
the person to whom it is issued to operate only the vehicle
equipped with an ignition interlock device described in subsection
(2)(b), to take any driving skills test required by the secretary
of state, and to drive to and from any combination of the following
locations:
(a) The person's residence.
(b) The person's workplace.
(c) The person's school.
(d) An alcohol or drug education or treatment program as
ordered by the court.
(5) Except as otherwise provided in this section, a restricted
license issued under subsection (1) is effective until a hearing
officer orders an unrestricted license under section 322. The
person
shall not be considered for hearing
officer shall not order
an unrestricted license until the later of the following events
occurs:
(a) The court notifies the secretary of state that the person
has successfully completed the DWI/sobriety court program.
(b) The minimum period of license sanction that would have
been imposed under section 303 or 319 but for this section has been
completed.
(c) The person satisfies the requirements of section 303.
(6) If the secretary of state receives a notification from the
DWI/sobriety court under section 1084(6) of the revised judicature
act of 1961, 1961 PA 236, MCL 600.1084, the secretary of state
shall summarily impose 1 of the following license sanctions, as
applicable:
(a) Suspension for the full length of time provided under
section 319(8). However, a restricted license shall not be issued
as provided under section 319(8). This subdivision applies if the
underlying conviction or convictions would have subjected the
person to a license sanction under section 319(8) if this section
did not apply.
(b) A license revocation and denial for the full length of
time provided under section 303. The minimum period of license
revocation and denial imposed shall be the same as if this section
did not apply. This subdivision applies if the underlying
conviction or convictions would have caused a license revocation
and denial under section 303 if this section did not apply.
(7) After the person completes the DWI/sobriety court
interlock pilot program, the following apply:
(a) The secretary of state shall postpone considering the
issuance of an unrestricted license under section 322 for a period
of 3 months for each act that would be a minor violation if the
person's license had been issued under section 322(6). As used in
this subdivision, "minor violation" means that term as defined in R
257.301a of the Michigan administrative code.
(b) (a)
The restricted license issued under
this section shall
be suspended or revoked or denied as provided in subsection (6),
unless set aside under subsection (5), if any of the following
events occur:
(i) The person operates a motor vehicle without an ignition
interlock device that meets the criteria under subsection (2)(b).
(ii) The person removes, or causes to be removed, an ignition
interlock device from a vehicle he or she owns or operates unless
the secretary of state has authorized its removal under section
322a.
(iii) The person commits any other act that would be a major
violation if the person's license had been issued under section
322(6). As used in this subparagraph, "major violation" means that
term as defined in R 257.301a of the Michigan administrative code.
(iv) (iii) The
person is arrested for a violation of any of the
following:
(A) Section 625.
(B) A local ordinance of this state or another state
substantially corresponding to section 625.
(C) A law of the United States substantially corresponding to
section 625.
(b) If the person is convicted of or found responsible for any
offense that requires the suspension, revocation, denial, or
cancellation of the person's operator's or chauffeur's license, the
restricted license issued under this section shall be suspended
until the requisite period of license suspension, revocation,
denial, or cancellation, as appropriate, has elapsed.
(c) If the person has failed to pay any court-ordered fines or
costs that resulted from the operation of a vehicle, the restricted
license issued under this section shall be suspended pending
payment of those fines and costs.
(8) All driver responsibility fees required to be assessed by
the secretary of state under section 732a for the conviction or
convictions that led to the restricted license under this section
shall be held in abeyance as follows:
(a) The fees shall be held in abeyance during the time the
person has a restricted license under this section and is
participating in the DWI/sobriety court interlock pilot project.
(b) At the end of the person's participation in the
DWI/sobriety court program, the driver responsibility fees shall be
assessed and paid under the payment schedule described in section
732a.
(9) The vehicle of an individual admitted to the DWI/sobriety
court interlock pilot project whose vehicle would otherwise be
subject to immobilization or forfeiture under this act is exempt
from both immobilization and forfeiture under sections 625n and
904d if both of the following apply:
(a) The person is a DWI/sobriety court interlock pilot program
participant in good standing or the person successfully
satisfactorily completes the DWI/sobriety court interlock pilot
program.
(b) The person does not subsequently violate a law of this
state for which vehicle immobilization or forfeiture is a sanction.
(10) This section only applies to individuals arrested for a
violation
of section 625 on or after the effective date of the
amendatory
act that added this section.January
1, 2011.
(11) As used in this section:
(a) "DWI/sobriety court" means that term as defined in section
1084 of the revised judicature act of 1961, 1961 PA 236, MCL
600.1084.
(b) "DWI/sobriety court interlock pilot project" and
"DWI/sobriety court program" mean those terms as defined or
described in section 1084 of the revised judicature act of 1961,
1961 PA 236, MCL 600.1084.
Sec. 319. (1) The secretary of state shall immediately suspend
a person's license as provided in this section upon receiving a
record of the person's conviction for a crime described in this
section, whether the conviction is under a law of this state, a
local ordinance substantially corresponding to a law of this state,
a law of another state substantially corresponding to a law of this
state, or, beginning October 31, 2010, a law of the United States
substantially corresponding to a law of this state.
(2) The secretary of state shall suspend the person's license
for 1 year for any of the following crimes:
(a) Fraudulently altering or forging documents pertaining to
motor vehicles in violation of section 257.
(b) A violation of section 413 of the Michigan penal code,
1931 PA 328, MCL 750.413.
(c) A violation of section 1 of former 1931 PA 214, MCL
752.191, or section 626c.
(d) A felony in which a motor vehicle was used. As used in
this section, "felony in which a motor vehicle was used" means a
felony during the commission of which the person convicted operated
a motor vehicle and while operating the vehicle presented real or
potential harm to persons or property and 1 or more of the
following circumstances existed:
(i) The vehicle was used as an instrument of the felony.
(ii) The vehicle was used to transport a victim of the felony.
(iii) The vehicle was used to flee the scene of the felony.
(iv) The vehicle was necessary for the commission of the
felony.
(e) A violation of section 602a(2) or (3) of this act or
section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL
750.479a.
(f) Beginning October 31, 2010, a violation of section 601d.
(3) The secretary of state shall suspend the person's license
for 90 days for any of the following crimes:
(a) Failing to stop and disclose identity at the scene of an
accident resulting in injury in violation of section 617a.
(b) A violation of section 601b(2), section 601c(1), section
653a(3), section 626 before October 31, 2010, or, beginning October
31, 2010, section 626(2).
(c) Malicious destruction resulting from the operation of a
vehicle under section 382(1)(b), (c), or (d) of the Michigan penal
code, 1931 PA 328, MCL 750.382.
(d) A violation of section 703(2) of the Michigan liquor
control code of 1998, 1998 PA 58, MCL 436.1703.
(4) The secretary of state shall suspend the person's license
for 30 days for malicious destruction resulting from the operation
of a vehicle under section 382(1)(a) of the Michigan penal code,
1931 PA 328, MCL 750.382.
(5) For perjury or making a false certification to the
secretary of state under any law requiring the registration of a
motor vehicle or regulating the operation of a vehicle on a
highway, or for conduct prohibited under section 324(1) or a local
ordinance substantially corresponding to section 324(1), the
secretary shall suspend the person's license as follows:
(a) If the person has no prior conviction for an offense
described in this subsection within 7 years, for 90 days.
(b) If the person has 1 or more prior convictions for an
offense described in this subsection within 7 years, for 1 year.
(6) For a violation of section 414 of the Michigan penal code,
1931 PA 328, MCL 750.414, the secretary of state shall suspend the
person's license as follows:
(a) If the person has no prior conviction for that offense
within 7 years, for 90 days.
(b) If the person has 1 or more prior convictions for that
offense within 7 years, for 1 year.
(7) For a violation of section 624a or 624b of this act or
section 703(1) of the Michigan liquor control code of 1998, 1998 PA
58, MCL 436.1703, the secretary of state shall suspend the person's
license as follows:
(a) If the person has 1 prior conviction for an offense
described in this subsection or section 33b(1) of former 1933 (Ex
Sess) PA 8, for 90 days. The secretary of state may issue the
person a restricted license after the first 30 days of suspension.
(b) If the person has 2 or more prior convictions for an
offense described in this subsection or section 33b(1) of former
1933 (Ex Sess) PA 8, for 1 year. The secretary of state may issue
the person a restricted license after the first 60 days of
suspension.
(8) The secretary of state shall suspend the person's license
for a violation of section 625 or 625m as follows:
(a) For 180 days for a violation of section 625(1) or (8)
before October 31, 2010 or, beginning October 31, 2010, section
625(1)(a) or (b) or (8) if the person has no prior convictions
within 7 years. The secretary of state may issue the person a
restricted license during a specified portion of the suspension,
except that the secretary of state shall not issue a restricted
license during the first 30 days of suspension.
(b) For 90 days for a violation of section 625(3) if the
person has no prior convictions within 7 years. However, if the
person is convicted of a violation of section 625(3), for operating
a vehicle when, due to the consumption of a controlled substance or
a combination of alcoholic liquor and a controlled substance, the
person's ability to operate the vehicle was visibly impaired, the
secretary of state shall suspend the person's license under this
subdivision for 180 days. The secretary of state may issue the
person a restricted license during all or a specified portion of
the suspension.
(c) For 30 days for a violation of section 625(6) if the
person has no prior convictions within 7 years. The secretary of
state may issue the person a restricted license during all or a
specified portion of the suspension.
(d) For 90 days for a violation of section 625(6) if the
person has 1 or more prior convictions for that offense within 7
years.
(e) For 180 days for a violation of section 625(7) if the
person has no prior convictions within 7 years. The secretary of
state may issue the person a restricted license after the first 90
days of suspension.
(f) For 90 days for a violation of section 625m if the person
has no prior convictions within 7 years. The secretary of state may
issue the person a restricted license during all or a specified
portion of the suspension.
(g) Beginning October 31, 2010, for 1 year for a violation of
section 625(1)(c) if the person has no prior convictions within 7
years or not more than 2 convictions within 10 years. The secretary
of state may issue the person a restricted license, except that the
secretary of state shall not issue a restricted license during the
first 45 days of suspension.
(h) Beginning October 31, 2010, the department shall order a
person convicted of violating section 625(1)(c) not to operate a
motor vehicle under a restricted license issued under subdivision
(g) unless the vehicle is equipped with an ignition interlock
device approved, certified, and installed as required under
sections 625k and 625l. The ignition interlock device may be removed
after the interlock device provider provides the department with
verification that the person has operated the vehicle with no
instances of reaching or exceeding a blood alcohol level of 0.025
grams per 210 liters of breath. This subdivision does not prohibit
the removal of the ignition interlock device for any of the
following:
(i) A start-up test failure that occurs within the first 2
months after installation of the device. As used in this
subdivision, "start-up test failure" means that the ignition
interlock device has prevented the motor vehicle from being
started. Multiple unsuccessful attempts at 1 time to start the
vehicle shall be treated as 1 start-up test failure only under this
subparagraph.
(ii) A start-up test failure occurring more than 2 months after
installation of the device, if not more than 15 minutes after
detecting the start-up test failure the person delivers a breath
sample that the ignition interlock device analyzes as having an
alcohol level of less than 0.025 grams per 210 liters of breath.
(iii) A retest prompted by the device, if not more than 5
minutes
after detecting the start-up test retest failure the person
delivers a breath sample that the ignition interlock device
analyzes as having an alcohol level of less than 0.025 grams per
210 liters of breath.
(i) Beginning October 31, 2010, if an individual violates the
conditions of the restricted license issued under subdivision (g)
or operates or attempts to operate a motor vehicle with a blood
alcohol level of 0.025 grams per 210 liters of breath, the
secretary of state shall impose an additional like period of
suspension and restriction as prescribed under subdivision (g).
This subdivision does not require an additional like period of
suspension and restriction for any of the following:
(i) A start-up test failure within the first 2 months after
installation of the ignition interlock device. As used in this
subdivision, "start-up test failure" means that the ignition
interlock device has prevented the motor vehicle from being
started. Multiple unsuccessful attempts at 1 time to start the
vehicle shall be treated as 1 start-up test failure only under this
subparagraph.
(ii) A start-up test failure occurring more than 2 months after
installation of the device, if not more than 15 minutes after
detecting the start-up test failure the person delivers a breath
sample that the ignition interlock device analyzes as having an
alcohol level of less than 0.025 grams per 210 liters of breath.
(iii) Any retest prompted by the device, if not more than 5
minutes
after detecting the start-up test retest failure the person
delivers a breath sample that the ignition interlock device
analyzes as having an alcohol level of less than 0.025 grams per
210 liters of breath.
(9) For a violation of section 367c of the Michigan penal
code, 1931 PA 328, MCL 750.367c, the secretary of state shall
suspend the person's license as follows:
(a) If the person has no prior conviction for an offense
described in this subsection within 7 years, for 6 months.
(b) If the person has 1 or more convictions for an offense
described in this subsection within 7 years, for 1 year.
(10) For a violation of section 315(4), the secretary of state
may suspend the person's license for 6 months.
(11) For a violation or attempted violation of section 411a(2)
of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a
school, the secretary of state shall suspend the license of a
person 14 years of age or over but less than 21 years of age until
3 years after the date of the conviction or juvenile disposition
for the violation. The secretary of state may issue the person a
restricted license after the first 365 days of suspension.
(12) For a second or subsequent violation of section 701(1) of
the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701,
by an individual who is not a retail licensee or a retail
licensee's clerk, agent, or employee, the secretary of state shall
suspend the person's license for 180 days. The secretary of state
may issue a person a restricted license during all or a specified
portion of the suspension.
(13) Except as provided in subsection (15), a suspension under
this section shall be imposed notwithstanding a court order unless
the court order complies with section 323.
(14) If the secretary of state receives records of more than 1
conviction of a person resulting from the same incident, a
suspension shall be imposed only for the violation to which the
longest period of suspension applies under this section.
(15) The secretary of state may waive a restriction,
suspension, or revocation of a person's license imposed under this
act if the person submits proof that a court in another state
revoked, suspended, or restricted his or her license for a period
equal to or greater than the period of a restriction, suspension,
or revocation prescribed under this act for the violation and that
the revocation, suspension, or restriction was served for the
violation, or may grant a restricted license.
(16) The secretary of state shall not issue a restricted
license to a person whose license is suspended under this section
unless a restricted license is authorized under this section and
the person is otherwise eligible for a license.
(17) The secretary of state shall not issue a restricted
license to a person under subsection (8) that would permit the
person to operate a commercial motor vehicle.
(18) Except as provided in subsection (17), a restricted
license issued under this section shall permit the person to whom
it is issued to take any driving skills test required by the
secretary of state and to operate a vehicle under 1 or more of the
following circumstances:
(a) In the course of the person's employment or occupation.
(b) To and from any combination of the following:
(i) The person's residence.
(ii) The person's work location.
(iii) An alcohol or drug education or treatment program as
ordered by the court.
(iv) The court probation department.
(v) A court-ordered community service program.
(vi) An educational institution at which the person is enrolled
as a student.
(vii) A place of regularly occurring medical treatment for a
serious condition for the person or a member of the person's
household or immediate family.
(19) While driving with a restricted license, the person shall
carry proof of his or her destination and the hours of any
employment, class, or other reason for traveling and shall display
that proof upon a peace officer's request.
(20) Subject to subsection (22), as used in subsection (8),
"prior conviction" means a conviction for any of the following,
whether under a law of this state, a local ordinance substantially
corresponding to a law of this state, or a law of another state
substantially corresponding to a law of this state:
(a) Except as provided in subsection (21), a violation or
attempted violation of any of the following:
(i) Section 625, except a violation of section 625(2), or a
violation of any prior enactment of section 625 in which the
defendant operated a vehicle while under the influence of
intoxicating or alcoholic liquor or a controlled substance, or a
combination of intoxicating or alcoholic liquor and a controlled
substance, or while visibly impaired, or with an unlawful bodily
alcohol content.
(ii) Section 625m.
(iii) Former section 625b.
(b) Negligent homicide, manslaughter, or murder resulting from
the operation of a vehicle or an attempt to commit any of those
crimes.
(c) Beginning October 31, 2010, a violation of section 601d or
section 626(3) or (4).
(21) Except for purposes of the suspensions described in
subsection (8)(c) and (d), only 1 violation or attempted violation
of section 625(6), a local ordinance substantially corresponding to
section 625(6), or a law of another state substantially
corresponding to section 625(6) may be used as a prior conviction.
(22) If 2 or more convictions described in subsection (20) are
convictions for violations arising out of the same transaction,
only 1 conviction shall be used to determine whether the person has
a prior conviction.
Sec. 319b. (1) The secretary of state shall immediately
suspend or revoke, as applicable, all vehicle group designations on
the operator's or chauffeur's license of a person upon receiving
notice of a conviction, bond forfeiture, or civil infraction
determination of the person, or notice that a court or
administrative tribunal has found the person responsible, for a
violation described in this subsection of a law of this state, a
local ordinance substantially corresponding to a law of this state
while the person was operating a commercial motor vehicle, or a law
of another state substantially corresponding to a law of this
state, or notice that the person has refused to submit to a
chemical test of his or her blood, breath, or urine for the purpose
of determining the amount of alcohol or presence of a controlled
substance or both in the person's blood, breath, or urine while the
person was operating a commercial motor vehicle as required by a
law or local ordinance of this or another state. The period of
suspension or revocation is as follows:
(a) Suspension for 60 days if the person is convicted of or
found responsible for 1 of the following while operating a
commercial motor vehicle:
(i) Two serious traffic violations arising from separate
incidents within 36 months.
(ii) A violation of section 667, 668, 669, or 669a.
(iii) A violation of motor carrier safety regulations 49 CFR
392.10 or 392.11, as adopted by section 1a of the motor carrier
safety act of 1963, 1963 PA 181, MCL 480.11a.
(iv) A violation of section 57 of the pupil transportation act,
1990 PA 187, MCL 257.1857.
(v) A violation of motor carrier safety regulations 49 CFR
392.10 or 392.11, as adopted by section 31 of the motor bus
transportation act, 1982 PA 432, MCL 474.131.
(vi) A violation of motor carrier safety regulations 49 CFR
392.10 or 392.11 while operating a commercial motor vehicle other
than a vehicle covered under subparagraph (iii), (iv), or (v).
(b) Suspension for 120 days, to be served consecutively with a
60-day suspension imposed under subsection (a)(i), if the person is
convicted of or found responsible for 1 of the following arising
from separate incidents within 36 months while operating a
commercial motor vehicle:
(i) Three serious traffic violations.
(ii) Any combination of 2 violations described in subdivision
(a)(ii).
(c) Suspension for 1 year if the person is convicted of or
found responsible for 1 of the following:
(i) A violation of section 625(1), (3), (4), (5), (6), (7), or
(8), section 625m, or former section 625(1) or (2), or former
section 625b, while operating a commercial or noncommercial motor
vehicle.
(ii) Leaving the scene of an accident involving a commercial or
noncommercial motor vehicle operated by the person.
(iii) Except for a felony described in 49 CFR 383.51(b)(9), a
felony in which a commercial or noncommercial motor vehicle was
used.
(iv) A refusal of a peace officer's request to submit to a
chemical test of his or her blood, breath, or urine to determine
the amount of alcohol or presence of a controlled substance or both
in his or her blood, breath, or urine while he or she was operating
a commercial or noncommercial motor vehicle as required by a law or
local ordinance of this state or another state.
(v) Effective October 1, 2005, operating Operating a
commercial motor vehicle in violation of a suspension, revocation,
denial, or cancellation that was imposed for previous violations
committed while operating a commercial motor vehicle.
(vi) Effective October 1, 2005, causing Causing a
fatality
through the negligent or criminal operation of a commercial motor
vehicle, including, but not limited to, the crimes of motor vehicle
manslaughter, motor vehicle homicide, and negligent homicide.
(vii) A 6-point violation as provided in section 320a
while
operating
a commercial motor vehicle.
(vii) (viii) Any
combination of 3 violations described in
subdivision (a)(ii) arising from separate incidents within 36 months
while operating a commercial motor vehicle.
(d) Suspension for 3 years if the person is convicted of or
found responsible for an offense enumerated in subdivision (c)(i) to
(vii) (vi) in which a commercial
motor vehicle was used if the
vehicle was carrying hazardous material required to have a placard
under 49 CFR parts 100 to 199.
(e) Revocation for life, but with eligibility for reissue of a
group vehicle designation after not less than 10 years and after
approval by the secretary of state, if the person is convicted of
or found responsible for 2 violations or a combination of any 2
violations arising from 2 or more separate incidents involving any
of the following:
(i) Section 625(1), (3), (4), (5), (6), (7), or (8), section
625m, or former section 625(1) or (2), or former section 625b,
while operating a commercial or noncommercial motor vehicle.
(ii) Leaving the scene of an accident involving a commercial or
noncommercial motor vehicle operated by the licensee.
(iii) Except for a felony described in 49 CFR 383.51(b)(9), a
felony in which a commercial or noncommercial motor vehicle was
used.
(iv) A refusal of a request of a police officer to submit to a
chemical test of his or her blood, breath, or urine for the purpose
of determining the amount of alcohol or presence of a controlled
substance or both in his or her blood while he or she was operating
a commercial or noncommercial motor vehicle in this state or
another state.
(v) Effective October 1, 2005, operating Operating a
commercial motor vehicle in violation of a suspension, revocation,
denial, or cancellation that was imposed for previous violations
committed while operating a commercial motor vehicle.
(vi) Effective October 1, 2005, causing Causing a
fatality
through the negligent or criminal operation of a commercial motor
vehicle, including, but not limited to, the crimes of motor vehicle
manslaughter, motor vehicle homicide, and negligent homicide.
(vii) Six-point violations as provided in section 320a while
operating
a commercial motor vehicle.
(f) Revocation for life if a person is convicted of or found
responsible for any of the following:
(i) One violation of a felony in which a commercial motor
vehicle was used and that involved the manufacture, distribution,
or dispensing of a controlled substance or possession with intent
to manufacture, distribute, or dispense a controlled substance.
(ii) A conviction of any offense described in subdivision (c)
or (d) after having been approved for the reissuance of a vehicle
group designation under subdivision (e).
(iii) A conviction of a violation of chapter LXXXIII-A of the
Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z.
(2) The secretary of state shall immediately deny, cancel, or
revoke a hazardous material indorsement on the operator's or
chauffeur's license of a person with a vehicle group designation
upon receiving notice from a federal government agency that the
person poses a security risk warranting denial, cancellation, or
revocation under the uniting and strengthening America by providing
appropriate tools required to intercept and obstruct terrorism (USA
PATRIOT ACT) act of 2001, Public Law 107-56. The denial,
cancellation, or revocation cannot be appealed under section 322 or
323 and remains in effect until the secretary of state receives a
federal government notice that the person does not pose a security
risk in the transportation of hazardous materials.
(3) The secretary of state shall immediately suspend all
vehicle group designations on a person's operator's or chauffeur's
license upon receiving notice of a conviction, bond forfeiture, or
civil infraction determination of the person, or notice that a
court or administrative tribunal has found the person responsible,
for a violation of section 319d(4) or 319f, a local ordinance
substantially corresponding to section 319d(4) or 319f, or a law or
local ordinance of another state, the United States, Canada,
Mexico,
the United Mexican States, or a local jurisdiction of
either of these countries substantially corresponding to section
319d(4) or 319f, while operating a commercial motor vehicle. The
period of suspension or revocation is as follows:
(a)
Suspension for 90 180 days if the person is convicted of
or found responsible for a violation of section 319d(4) or 319f
while operating a commercial motor vehicle.
(b) Suspension for 180 days if the person is convicted of or
found responsible for a violation of section 319d(4) or 319f while
operating a commercial motor vehicle that is either carrying
hazardous material required to have a placard under 49 CFR parts
100 to 199 or designed to carry 16 or more passengers, including
the driver.
(c)
Suspension for 1 year 2
years if the person is convicted
of or found responsible for 2 violations, in any combination, of
section 319d(4) or 319f while operating a commercial motor vehicle
arising from 2 or more separate incidents during a 10-year period.
(d) Suspension for 3 years if the person is convicted of or
found responsible for 3 or more violations, in any combination, of
section 319d(4) or 319f while operating a commercial motor vehicle
arising from 3 or more separate incidents during a 10-year period.
(e) Suspension for 3 years if the person is convicted of or
found responsible for 2 or more violations, in any combination, of
section 319d(4) or 319f while operating a commercial motor vehicle
carrying hazardous material required to have a placard under 49 CFR
parts 100 to 199, or designed to carry 16 or more passengers,
including the driver, arising from 2 or more separate incidents
during a 10-year period.
(4) The secretary of state shall suspend or revoke, as
applicable, any privilege to operate a commercial motor vehicle as
directed by the federal government or its designee.
(5) For the purpose of this section only, a bond forfeiture or
a determination by a court of original jurisdiction or an
authorized administrative tribunal that a person has violated the
law is considered a conviction.
(6) The secretary of state shall suspend or revoke a vehicle
group designation under subsection (1) or deny, cancel, or revoke a
hazardous material indorsement under subsection (2) notwithstanding
a suspension, restriction, revocation, or denial of an operator's
or chauffeur's license or vehicle group designation under another
section of this act or a court order issued under another section
of this act or a local ordinance substantially corresponding to
another section of this act.
(7) A conviction, bond forfeiture, or civil infraction
determination, or notice that a court or administrative tribunal
has found a person responsible for a violation described in this
subsection while the person was operating a noncommercial motor
vehicle counts against the person who holds a license to operate a
commercial motor vehicle the same as if the person had been
operating a commercial motor vehicle at the time of the violation.
For the purpose of this subsection, a noncommercial motor vehicle
does not include a recreational vehicle used off-road. This
subsection applies to the following state law violations or a local
ordinance substantially corresponding to any of those violations or
a law of another state or out-of-state jurisdiction substantially
corresponding to any of those violations:
(a) Operating a vehicle in violation of section 625.
(b) Refusing to submit to a chemical test of his or her blood,
breath, or urine for the purpose of determining the amount of
alcohol or the presence of a controlled substance or both in the
person's blood, breath, or urine as required by a law or local
ordinance of this or another state.
(c) Leaving the scene of an accident.
(d) Using a vehicle to commit a felony.
(8) When determining the applicability of conditions listed in
this section, the secretary of state shall consider only violations
that occurred after January 1, 1990.
(9) When determining the applicability of conditions listed in
subsection (1)(a) or (b), the secretary of state shall count only
from incident date to incident date.
(10) As used in this section:
(a) "Felony in which a commercial motor vehicle was used"
means a felony during the commission of which the person convicted
operated a commercial motor vehicle and while the person was
operating the vehicle 1 or more of the following circumstances
existed:
(i) The vehicle was used as an instrument of the felony.
(ii) The vehicle was used to transport a victim of the felony.
(iii) The vehicle was used to flee the scene of the felony.
(iv) The vehicle was necessary for the commission of the
felony.
(b) "Serious traffic violation" means any of the following:
(i) A traffic violation that occurs in connection with an
accident in which a person died.
(ii) Careless Reckless driving.
(iii) Excessive speeding as defined in regulations promulgated
under 49 USC 31301 to 31317.
(iv) Improper lane use.
(v) Following too closely.
(vi) Effective October 1, 2005, driving Operating a commercial
motor vehicle without obtaining any vehicle group designation on
the person's license.
(vii) Effective October 1, 2005, driving Operating a commercial
motor vehicle without either having an operator's or chauffeur's
license in the person's possession or providing proof to the court,
not later than the date by which the person must appear in court or
pay a fine for the violation, that the person held a valid vehicle
group designation and indorsement on the date that the citation was
issued.
(viii) Effective October 1, 2005, driving Operating a commercial
motor vehicle while in possession of an operator's or chauffeur's
license that has a vehicle group designation but does not have the
appropriate vehicle group designation or indorsement required for
the specific vehicle group being operated or the passengers or type
of cargo being transported.
(ix) Beginning October 28, 2013, a violation of section
602b(2).
(x) (ix) Any
other serious traffic violation as defined in 49
CFR 383.5 or as prescribed under this act.