HB-4854, As Passed House, November 10, 2015
September 9, 2015, Introduced by Reps. Tedder, Pettalia, LaVoy, Jacobsen, Heise, Singh, Sheppard, Geiss, Cochran, Dianda, Goike, Cole, Derek Miller, Schor, Chatfield, Runestad and Kosowski and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 309 and 312b (MCL 257.309 and 257.312b),
section 309 as amended by 2015 PA 11 and section 312b as amended by
2013 PA 177.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 309. (1) Before issuing a license, the secretary of state
shall examine each applicant for an operator's or chauffeur's
license who at the time of the application is not the holder of a
valid, unrevoked operator's or chauffeur's license under a law of
this state providing for the licensing of drivers. Before the
secretary of state authorizes a person to administer vehicle group
designation or endorsement knowledge tests, that person must
successfully complete both a state and Federal Bureau of
Investigation fingerprint-based criminal history check or the
equivalent through the department of state police. In all other
cases, the secretary of state may waive the examination, except
that an examination shall not be waived if it appears from the
application, from the apparent physical or mental condition of the
applicant, or from any other information that has come to the
secretary of state from another source, that the applicant does not
possess the physical, mental, or other qualifications necessary to
operate a motor vehicle in a manner as not to jeopardize the safety
of persons or property, or that the applicant is not entitled to a
license under section 303. A licensee who applies for the renewal
of his or her license by mail under section 307 shall certify to
his or her physical capability to operate a motor vehicle. The
secretary of state may check the applicant's driving record through
the national driver register and the commercial driver license
information system before issuing a license under this section.
(2) The secretary of state may appoint sheriffs, their
deputies, the chiefs of police of cities and villages having
organized police departments within this state, their duly
authorized representatives, or employees of the secretary of state
as examining officers for the purpose of examining applicants for
operator's and chauffeur's licenses. An examining officer shall
conduct examinations of applicants for operator's and chauffeur's
licenses in accordance with this chapter and the rules promulgated
by the secretary of state under subsection (3). After conducting an
examination an examining officer shall make a written report of his
or her findings and recommendations to the secretary of state.
(3) The secretary of state shall promulgate rules under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, for the examination of the applicant's physical and mental
qualifications to operate a motor vehicle in a manner as not to
jeopardize the safety of persons or property, and shall ascertain
whether facts exist that would bar the issuance of a license under
section 303. The secretary of state may consider a written medical
report and recommendation submitted under section 5139 of the
public health code, 1978 PA 368, MCL 333.5139, from the personal
physician or optometrist of an applicant, in making the examination
regarding the applicant's physical and mental qualifications to
operate a motor vehicle under this section and R 257.851 to R
257.855 of the Michigan administrative code. A report received by
the secretary of state from a physician or an optometrist under
this section is confidential. The secretary of state shall also
ascertain whether the applicant has sufficient knowledge of the
English language to understand highway warnings or direction signs
written in that language. The examination shall not include
investigation of facts other than those facts directly pertaining
to the ability of the applicant to operate a motor vehicle with
safety or facts declared to be prerequisite to the issuance of a
license under this act.
(4) The secretary of state shall not issue an original
operator's or chauffeur's license without a vehicle group
designation or indorsement without an examination that includes a
driving skills test conducted by the secretary of state or by a
designated examining officer under subsection (2) or section 310e.
The secretary of state may enter into an agreement with another
public or private corporation or agency to conduct a driving skills
test conducted under this section. Before the secretary of state
authorizes a person to administer a corporation's or agency's
driver skills testing operations or authorizes an examiner to
conduct a driving skills test, that person or examiner must
successfully complete both a state and Federal Bureau of
Investigation fingerprint based criminal history check through the
department of state police as required by law and as provided under
49 CFR 384.228. In an agreement with another public or private
corporation or agency to conduct a driving skills test, the
secretary of state shall prescribe the method and examination
criteria to be followed by the corporation, agency, or examiner
when conducting the driving skills test and the form of the
certification to be issued to a person who satisfactorily completes
a driving skills test. An original vehicle group designation or
indorsement shall not be issued by the secretary of state without a
knowledge test conducted by the secretary of state. Except as
provided in section 312f(1), an original vehicle group designation
or passenger or school bus indorsement shall not be issued by the
secretary of state without a driving skills test conducted by an
examiner appointed or authorized by the secretary of state or an
equivalent driving skills test meeting the requirements of 49 CFR
part 383 conducted in another jurisdiction.
(5) Except as otherwise provided in this act, the secretary of
state may waive the requirement of a driving skills test, knowledge
test, or road sign test of an applicant for an original operator's
or chauffeur's license without a vehicle group designation or
indorsement who at the time of the application is the holder of a
valid, unrevoked operator's or chauffeur's license issued by
another state or country.
(6) A driving skills test conducted under this section shall
include a behind-the-wheel road test. Before conducting a behind-
the-wheel road test for an applicant seeking a vehicle group
designation, including any upgrade to a vehicle group designation,
or for any indorsement required to operate a commercial motor
vehicle, the examiner shall determine that the applicant was issued
his or her commercial learner's permit not less than 14 days before
the date of that test and that he or she has that permit in his or
her possession.
(7) A person who corrupts or attempts to corrupt a designated
examining officer appointed or designated by the secretary of state
under this section or section 310e by giving, offering, or
promising any gift or gratuity with the intent to influence the
opinion or decision of the examining officer conducting the test is
guilty of a felony.
(8) A designated examining officer appointed or designated by
the secretary of state who conducts a driving skills test under an
agreement entered into under this section or section 310e and who
varies from, shortens, or in any other way changes the method or
examination criteria prescribed in that agreement in conducting a
driving skills test is guilty of a felony.
(9) A person who forges, counterfeits, or alters a
satisfactorily completed driving skills test certification issued
by a designated examining officer appointed or designated by the
secretary of state under this section or section 310e is guilty of
a felony.
(10) The secretary of state shall waive the requirement of a
written knowledge test, road sign test, and driving skills test of
an applicant for an original motorcycle endorsement if the person
has successfully passed a motorcycle safety course approved by the
department as described in sections 811a and 811b.
Sec. 312b. (1) Before a person who is less than 18 years of
age is issued an original motorcycle endorsement on an operator's
or
chauffeur's license, the person shall pass an examination as
required
by this section and a motorcycle
safety course approved by
the
department as provided described in section sections
811a or
and 811b.
(2) Before a person who is 18 years of age or older is issued
an original motorcycle endorsement on an operator's or chauffeur's
license, the person shall pass an examination as required by this
section. A person who fails this examination 2 or more times is
required to successfully complete a motorcycle safety course
approved
by the department as provided described in section
sections
811a or and 811b.
Each written examination given an
applicant for a motorcycle endorsement on an operator's or
chauffeur's license as provided in section 309 shall also include
subjects designed to cover a motorcycle. A person shall pass an
examination that shall include a driving test designed to test the
competency of the applicant for the first motorcycle endorsement on
an operator's or chauffeur's license to operate a motorcycle upon
the roads and highways of this state with safety to himself or
herself and other persons and property. All examinations shall be
administered as provided in this act. The requirement of a written
knowledge test, road sign test, and motorcycle driving skills test
shall be waived for an applicant who has successfully completed a
motorcycle
safety course conducted by a school or business
enterprise
approved by the department as provided described in
section
sections 811a or and 811b. The motorcycle
safety course
skills test shall meet or exceed the motorcycle skills test from
the secretary of state. The requirement of a motorcycle driving
skills test may be waived if the applicant has a valid license or
endorsement to operate a motorcycle from another state.
(3) A motorcycle endorsement issued to a person who operates a
3-wheeled motorcycle other than an autocycle is restricted to
operation of that type of motorcycle and does not permit operation
of a 2-wheeled motorcycle. The secretary of state shall develop a
driving test specifically pertaining to a 3-wheeled motorcycle
other than an autocycle.
(4) The secretary of state is responsible for establishing and
conducting the motorcycle operator driving skills test and shall
promulgate rules under the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328, for purposes of this subsection.
An audit of the motorcycle safety fund shall be conducted by the
office of the auditor general to determine compliance with the
requirement that funds are being withdrawn only in relation to this
act. A copy of the audit shall be transmitted to the legislature
upon completion.
(5) The secretary of state may enter into an agreement with
another public or private corporation or agency to conduct a
driving skills test required under this section. Before the
secretary of state authorizes a person to administer a
corporation's or agency's driver skills testing operations or
authorizes an examiner to conduct a driving skills test, that
person or examiner must complete both a state and federal bureau of
investigation fingerprint based criminal history check through the
department of state police. In an agreement with another public or
private corporation or agency to conduct a driving skills test
under this section, the secretary of state shall prescribe the
method and examination criteria to be followed by the corporation,
agency, or examiner when conducting the driving skills test and the
form of the certification to be issued to a person who
satisfactorily completes a driving skills test. For administering
and overseeing a third party motorcycle testing program, the
secretary of state shall be reimbursed from the motorcycle safety
fund a total amount that does not exceed 50% of the department's
1995-1996 fiscal year appropriation for motorcycle testing under
this section.
(6) A person who corrupts or attempts to corrupt a
corporation, agency, or examiner that conducts a driving skills
test under an agreement entered into with the secretary of state
under this section by giving, offering, or promising any gift or
gratuity with the intent to influence the opinion or decision of
the corporation, agency, or examiner conducting the driving skills
test is guilty of a felony.
(7) A designated examining officer appointed or designated by
the secretary of state who conducts a driving skills test under an
agreement entered into under this section and who varies from,
shortens, or in any other way changes the method or examination
criteria prescribed to be followed under that agreement in
conducting a driving skills test under this section is guilty of a
felony.
(8) A person who forges, counterfeits, or alters a
satisfactorily completed driving skills test certification issued
by a designated examining officer appointed or designated by the
secretary of state under this section is guilty of a felony.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.