HB-4781, As Passed House, February 18, 2014HB-4781, As Passed Senate, April 22, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 4781

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 306 (MCL 257.306), as amended by 2011 PA 159.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

application for a temporary instruction permit from a person who is

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

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

other than a motor vehicle requiring an indorsement under section

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

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

adult operator or chauffeur who is actually occupying a seat beside

the driver.

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

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

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

licensed in another state or country, and has satisfied the

applicable requirements of section 310e.

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

term is defined in section 3 of the driver education provider and

instructor act, 2006 PA 384, MCL 256.623, or a motorcycle safety

course approved by the department of state may operate a motor

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

the direct supervision of the program instructor.

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

term is defined in section 3 of the driver education provider and

instructor act, 2006 PA 384, MCL 256.623, and who has successfully

completed 10 hours of classroom instruction and the equivalent of 2

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

education certificate furnished by the department of state that

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

vehicle requiring an indorsement pursuant to under section 312a or

a vehicle group designation pursuant to under section 312e, when

accompanied by a licensed parent or guardian, or when accompanied

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

purpose of receiving additional instruction until the end of the

student's driver education course.

     (5) The Beginning January 1, 2015, the secretary of state,

upon receiving proper application from a person 16 or 17 years of

age who is enrolled in or has successfully completed an approved

motorcycle safety course under section 811a, or a person who is 18

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

chauffeur's license, may issue a motorcycle temporary instruction

permit entitling the applicant, while carrying the permit, to

operate a motorcycle upon the public streets and highways for a

period of 180 days , but only when under the constant visual

supervision of a licensed motorcycle operator at least 18 years of

age. The applicant shall not operate the motorcycle at night or

with a passenger.under the following conditions:

     (a) The applicant shall operate the motorcycle under the

constant visual supervision of a licensed motorcycle operator who

is at least 18 years of age.

     (b) The applicant shall not operate the motorcycle at night.

     (c) The applicant shall not operate the motorcycle with a

passenger.

     (d) The applicant shall not be eligible for more than 2

motorcycle temporary instruction permits in a 10-year period.

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

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

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

license other than a restricted license, and who has passed the

knowledge test for an original vehicle group designation or

indorsement, and, if the person is applying for a hazardous

material indorsement, the person has been approved for the

hazardous materials indorsement by the transportation security

administration, may issue a temporary instruction permit entitling

the person, while carrying the permit, to drive a vehicle requiring

a vehicle group designation or vehicle group indorsement under

section 312e upon the streets and highways for a period of 180

days, but only when accompanied by a licensed adult operator or

chauffeur who is licensed with the appropriate vehicle group

designation and indorsement for the vehicle group being driven and

who is actually occupying a seat beside the driver, or behind the

driver if the permittee is driving a bus or school bus. In

addition, if a permittee is enrolled in a driver training program

for drivers of motor vehicles requiring a vehicle group designation

or vehicle group indorsement under section 312e, which program is

conducted by a college, a university, a school licensed by the

department under the driver education provider and instructor act,

2006 PA 384, MCL 256.621 to 256.705, or a local or intermediate

school district, the permittee may drive a vehicle requiring a

vehicle group designation or vehicle group indorsement on the

streets and highways of this state for a period of 180 days when

accompanied by an instructor licensed with the appropriate vehicle

group designation and indorsement for the vehicle being driven who

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

and audio communication with the permittee. A person issued a

temporary instruction permit under this section shall not operate a

vehicle designed to carry 16 or more passengers that is

transporting passengers except with an instructor licensed with the

appropriate vehicle group designation and indorsement for the

vehicle being driven or a driver skills test examiner.

     Enacting section 1. This amendatory act takes effect January

1, 2015.