SENATE SUBSTITUTE FOR HOUSE Substitute For
SENATE BILL NO. 73
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 40b, 216, 226, 233a, 255, 301, 306, 306a, 307, 309, 310, 312f, 312k, 314, and 801k (MCL 257.40b, 257.216, 257.226, 257.233a, 257.255, 257.301, 257.306, 257.306a, 257.307, 257.309, 257.310, 257.312f, 257.312k, 257.314, and 257.801k), section 40b as amended by 2012 PA 498, sections 216, 226, 255, 301, 306, 306a, 309, 312f, 312k, 314, and 801k as amended by 2020 PA 241, section 233a as amended by 2000 PA 82, section 307 as amended by 2018 PA 604, and section 310 as amended by 2020 PA 93, and by adding section 310f.
the people of the state of michigan enact:
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Sec. 40b. (1) "Personal information" means information that
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identifies an individual, including the individual's photograph or image, name, address (but not the zip code), driver license number, social security Social Security number, telephone number, digitized signature, and medical and disability information. Personal information does not include information on driving and equipment-related violations or civil infractions, driver or vehicle registration status, vehicular accidents, or other behaviorally-related information.
(2) "Highly
restricted personal information" means an individual's photograph or
image, social security Social Security number, digitized
signature, medical and disability information, and source documents presented
by an applicant to obtain an operator's or chauffeur's license under section 307(1).
Highly restricted personal information also includes the confidential address of an individual certified as a program
participant in the address confidentiality program under the address
confidentiality program act and the emergency contact information
under section 310(13). As used in this
subsection, "confidential address" means that term as defined in
section 3 of the address confidentiality program act.
Sec. 216. (1) Every motor vehicle, recreational
vehicle, trailer, semitrailer, and pole trailer, when driven or moved on a
street or highway, is subject to the registration and certificate of title
provisions of this act except the following:
(a) A vehicle
driven or moved on a street or highway in conformance with the provisions of
this act relating to manufacturers, transporters, dealers, or nonresidents.
(b) A vehicle
that is driven or moved on a street or highway only for the purpose of crossing
that street or highway from 1
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property to
another.
(c) An implement
of husbandry.
(d) Special
mobile equipment. The secretary of state may issue a special registration to an
individual, partnership, corporation, or association not licensed as a dealer
that pays the required fee, to identify special mobile equipment that is driven
or moved on a street or highway.
(e) A vehicle
that is propelled exclusively by electric power obtained from overhead trolley
wires though not operated on rails.
(f) Any vehicle
subject to registration, but owned by the government of the United States.
(g) A certificate
of title is not required for a trailer, semitrailer, or pole trailer that
weighs less than 2,500 pounds.
(h) A vehicle
driven or moved on a street or highway, by the most direct route, only for the
purpose of securing a scale weight receipt from a weighmaster for purposes of
section 801 or obtaining a vehicle inspection by a law enforcement agency
before titling or registration of that vehicle.
(i) A certificate
of title is not required for a vehicle owned by a manufacturer or dealer and
held for sale or lease, even though incidentally moved on a street or highway
or used for purposes of testing or demonstration.
(j) A bus or a
school bus that is not self-propelled and is used exclusively as a construction
shanty.
(k) A certificate
of title is not required for a moped.
(l) Except as otherwise provided in subsection (3), for 3 days
immediately following the date of a properly assigned title or signed lease
agreement from any person other than a dealer, a registration is not required
for a vehicle driven or moved on a
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street or highway for the sole purpose of transporting the
vehicle by the most direct route from the place of purchase or lease to a place
of storage if the driver has in his or her possession the assigned title
showing the date of sale or a lease agreement showing the date of the lease.
(m) A certificate of registration is not required for a
pickup camper, but a certificate of title is required.
(n) A new motor vehicle driven or moved on a street or
highway only for the purpose of moving the vehicle from an accident site to a
storage location if the vehicle was being transported on a railroad car or
semitrailer that was involved in a disabling accident.
(o) A boat lift used for transporting vessels between a
marina or a body of water and a place of inland storage.
(2) Except as otherwise provided in this subsection, a
registration issued to a motor vehicle, recreational vehicle, trailer,
semitrailer, or pole trailer, when driven or moved on a street or highway, that
expires on or after March 1, 2020 is valid until December
11, 2020. March 31, 2021. If the
registration issued to a motor vehicle, recreational vehicle, trailer,
semitrailer, or pole trailer, when driven or moved on a street or highway, that
is used for commercial purposes expires on or after March 1, 2020, the
registration is valid until December 11, 2020.March 31, 2021.
(3) Notwithstanding any provision of law to the contrary,
until December 11, 2020, March
31, 2021, a properly assigned title or signed lease agreement from any
person other than a dealer is considered proof of registration of the vehicle.
Sec. 226. (1) Except as
otherwise provided in subsection (13), a vehicle registration issued by the
secretary of state expires on
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the owner's birthday, unless another expiration date is
provided for under this act or unless the registration is for the following
vehicles, in which case registration expires on the last day of February:
(a) A commercial vehicle except for a commercial vehicle
issued a registration under the international registration plan or a pickup
truck or van owned by an individual.
(b) Except for a trailer or semitrailer issued a registration
under the international registration plan, a trailer or semitrailer owned by a
business, corporation, or person other than an individual; or a pole trailer.
(2) Except as otherwise provided in subsection (13), the
expiration date for a registration issued for a motorcycle is the motorcycle
owner's birthday.
(3) The expiration date for a registration bearing the
letters "SEN" or "REP" is February 1.
(4) In the case of a vehicle owned by a business,
corporation, or an owner other than an individual, the secretary of state may
assign or reassign the expiration date of the registration.
(5) The secretary of state shall do all of the following:
(a) After the October 1 immediately preceding the year
designated on the registration, issue a registration upon application and
payment of the proper fee for a commercial vehicle, other than a pickup or van
owned by an individual; or a trailer owned by a business, corporation, or
person other than an individual.
(b) Beginning 60 days before the expiration date assigned on
an international registration plan registration plate, issue a registration
under section 801g upon application and payment of the
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proper apportioned fee for a commercial vehicle engaged in interstate
commerce.
(c) Beginning 45 days before the owner's birthday and 120
days before the expiration date assigned by the secretary of state, issue a
registration for a vehicle other than those designated in subsection (1)(a) or
(b). However, if an owner whose registration period begins 45 days before his
or her birthday will be out of the state during the 45 days immediately
preceding expiration of a registration or for other good cause shown cannot
apply for a renewal registration within the 45-day period, application for a
renewal registration may be made not more than 6 months before expiration.
(6) Except as otherwise provided in this subsection, the
secretary of state, upon application and payment of the proper fee, shall issue
a registration for a vehicle or a motorcycle to a resident that expires on the
owner's birthday. If the owner's next birthday is at least 6 months but not
more than 12 months in the future, the owner shall receive a registration valid
until the owner's next birthday. If the owner's next birthday is less than 6
months in the future, the owner shall receive a registration valid until the
owner's birthday following the owner's next birthday. The tax required under
this act for a registration described in this subsection is either of the
following:
(a) For an original registration, the tax must bear the same
relationship to the tax required under section 801 for a 12-month registration
as the length of the registration bears to 12 months.
(b) For a renewal of a registration, either of the following:
(i) For a registration
that is for at least 6 months but not more than 12 months, the same amount as
for 12 months.
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(ii) For a renewal of a registration
that is for more than 12 months, 2 times the amount for 12 months.
Partial months must be considered as whole months in the
calculation of the required tax and in the determination of the length of time
between the application for a registration and the owner's next birthday. The
tax required for that registration must be rounded off to whole dollars as
provided in section 801.
(7) A certificate of title remains valid until canceled by
the secretary of state for cause or upon a transfer of an interest shown on the
certificate of title.
(8) The secretary of state, upon request, shall issue special
registration for commercial vehicles, valid for 6 months after the date of
issue, if the full registration fee exceeds $50.00, on the payment of 1/2 the
full registration fee and a service charge as enumerated in section 802(1).
(9) The secretary of state may issue a special registration
for each of the following:
(a) A new vehicle purchased or leased outside of this state
and delivered in this state to the purchaser or lessee by the manufacturer of
that vehicle for removal to a place outside of this state, if a certification
is made that the vehicle will be primarily used, stored, and registered outside
of this state and will not be returned to this state by the purchaser or lessee
for use or storage.
(b) A vehicle purchased or leased in this state and delivered
to the purchaser or lessee by a dealer or by the owner of the vehicle for
removal to a place outside of this state, if a certification is made that the
vehicle will be primarily used, stored, and registered outside of this state
and will not be
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returned to this state by the purchaser or lessee for use or storage.
(10) A special registration issued under subsection (9) is
valid for not more than 30 days after the date of issuance, and a fee must be
collected for each special registration as provided in section 802(3). The
special registration may be in the form determined by the secretary of state.
If a dealer makes a retail sale or lease of a vehicle to a purchaser or lessee
who is qualified and eligible to obtain a special registration, the dealer
shall apply for the special registration for the purchaser or lessee. If a
person other than a dealer sells or leases a vehicle to a purchaser or lessee
who is qualified and eligible to obtain a special registration, the purchaser
or lessee shall appear in person, or by a person exercising the purchaser's or
lessee's power of attorney, at an office of the secretary of state and furnish
a certification that the person is the bona fide purchaser or lessee or that
the person has granted the power of attorney, together with other forms
required for the issuance of the special registration and provide the secretary
of state with proof that the vehicle is covered by an automobile insurance
policy issued under section 3101 of the insurance code of 1956, 1956 PA 218,
MCL 500.3101, or proof that the vehicle is covered by a policy of insurance
issued by an insurer under section 3163 of the insurance code of 1956, 1956 PA
218, MCL 500.3163. The certification required in this subsection must contain
all of the following:
(a) The address of the purchaser or lessee.
(b) A statement that the vehicle is purchased or leased for
registration outside of this state.
(c) A statement that the vehicle must be primarily used,
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stored, and registered outside of this state.
(d) The name of the jurisdiction in which the vehicle is to
be registered.
(e) Other information requested by the secretary of state.
(11) In the case of a commercial vehicle, trailer, or
semitrailer issued a registration under the international registration plan,
the secretary of state in mutual agreement with the owner may assign or
reassign the expiration date of the registration. However, the expiration date
agreed to must be either March 31, June 30, September 30, or December 31 or
beginning on February 19, 2019, the last day of a calendar month. Renewals
expiring on or after June 30, 2020 must be for a minimum of at least 12 months
if there is a change in the established expiration date. Notwithstanding the
provisions of this subsection, a commercial vehicle, trailer, or semitrailer
registration issued under this subsection that expires on or after March 1,
2020 is valid until December 11, 2020.March 31, 2021.
(12) The expiration date for a multiyear registration issued
for a leased vehicle must be the date the lease expires but must not be for a
period longer than 24 months.
(13) A vehicle registration described in subsection (1) or a
motorcycle registration described in subsection (2) that expires on or after
March 1, 2020 is valid until December 11, 2020.March 31, 2021.
Sec. 233a. (1) When the
owner of a registered motor vehicle transfers his or her title or interest in
that vehicle, the transferor shall present to the transferee before delivery of
the vehicle, written disclosure of odometer mileage by means of the certificate
of title or a written statement signed by the
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transferor including the transferor's printed name,
containing all of the following:
(a) The odometer reading at the time of transfer not to
include the tenths of a mile or kilometer.
(b) The date of transfer.
(c) The transferor's name and current address.
(d) The transferee's name and current address.
(e) The identity of the vehicle, including its make, model,
body type, year, and vehicle identification number.
(f) A reference to this section and comparable federal law,
and a statement that failing to complete the title or form or providing false
information may result in civil liability and civil or criminal penalties being
imposed on the transferor.
(g) One of the following:
(i) A statement by the
transferor certifying that to the best of his or her knowledge the odometer
reading reflects the actual mileage of the vehicle.
(ii) If the transferor
knows that the odometer reading reflects the amount of mileage in excess of the
designed mechanical odometer limit, a statement to that effect.
(iii) If the transfer knows
that the odometer reading differs from the mileage and the difference is
greater than that caused by odometer calibration error, a statement that the
odometer reading does not reflect the actual mileage and should not be relied
upon. This notice shall must
include a warning notice to alert the transferee that a discrepancy
exists between the odometer and the actual mileage.
(h) Space for the signature and printed name of the
transferee, and the date of presentation to the transferee.
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(2) A certificate of title and a dealer reassignment form shall must contain a
place for the information required by subsection (1)(a) to (h). If the vehicle
is not titled or the title does not contain a space for the required
information, a written statement shall must be provided as a separate document.
(3) A dealer selling or exchanging vehicles required to be
titled under this act shall present the certificate of title or written
statement and any reassigned titles in his or her possession to the transferee.
The transferee or the transferee's agent shall inspect, print his or her name,
sign, and date the certificate or statement and return it to the transferor for
submission to the secretary of state. If neither the transferee nor transferor
is a dealer licensed under this act, completing the odometer information on the
certificate of title shall must be considered to comply with subsection (1). A
person shall not sign an odometer disclosure statement as both the transferor
and transferee in the same transaction.
(4) A new or used vehicle dealer shall obtain from the transferor
a completed odometer mileage statement which meets the requirements of
subsection (1) with each motor vehicle acquired by the dealer. The dealer shall
not accept nor provide an odometer mileage statement or a title which contains
a place for odometer information which has not been completely filled in by the
transferor.
(5) The odometer information described in subsection (1) shall must not be
required for any of the following:
(a) Vehicles having a gross vehicle weight rating of more
than 16,000 pounds.
(b) A vehicle that is not self-propelled.
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(c) A vehicle that is 10 years old,
or older.manufactured in or before the 2010 model
year that is transferred at least 10 years after January 1 of the calendar year
that is included in the model year in which the vehicle is manufactured.
(d) A vehicle
manufactured in or after the 2011 model year that is transferred at least 20
years after January 1 of the calendar year that is included in the model year
in which the vehicle was manufactured.
(e) (d) A new vehicle
transferred from a manufacturer to a dealer.
(f) (e) A vehicle sold directly
by the manufacturer to an agency of the United States in conformity with
contractual specifications.
(g) (f) A low-speed vehicle.
(6) A person shall not alter, set back, or disconnect an
odometer; cause or allow an odometer to be altered, set back, or disconnected;
or advertise for sale, sell, use, install, or cause or allow to be installed a device
which causes an odometer to register other than the actual mileage driven. This
subsection does not prohibit the service, repair, or replacement of an odometer
if the mileage indicated on the odometer remains the same as before the
service, repair, or replacement. If the odometer is incapable of registering
the same mileage as before the service, repair, or replacement, the odometer shall must be adjusted
to read zero and a notice in writing shall must be attached to the left door frame of the vehicle
by the owner or his or her agent specifying the mileage prior to service,
repair, or replacement of the odometer and the date on which it was serviced,
repaired, or replaced. A person shall not remove, deface, or alter any notice
affixed to a motor
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vehicle pursuant to this subsection.
(7) A person who violates subsection (6) is guilty of a
felony.
(8) Before executing a transfer of ownership document, a
lessor of a leased vehicle shall notify the lessee in writing that ownership of
the vehicle is being transferred and that the lessee is required to provide a
written statement to the lessor regarding the mileage of the vehicle. This
notice shall must inform
the lessee of the penalties for failure to comply with the requirement.
(9) Upon receiving notification from the lessor of a leased
vehicle that ownership of the vehicle is to be transferred, the lessee shall
furnish to the lessor a written statement regarding the mileage of the vehicle.
This statement shall must
be signed by the lessee and shall must contain all of the following:
(a) The printed name of the person making the statement.
(b) The current odometer reading, not including tenths of
miles.
(c) The date of the statement.
(d) The lessee's name and current address.
(e) The lessor's name and current address.
(f) The identity of the vehicle, including its make, model,
year, body type, and vehicle identification number.
(g) The date that the lessor notified the lessee of the
requirements of this subsection.
(h) The date that the completed disclosure statement was
received by lessor.
(i) The signature of the lessor.
(j) One of the following:
(i) A statement by the
lessee certifying that to the best of
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his or her knowledge the odometer reading reflects the actual
mileage of the vehicle.
(ii) If the lessee knows
that the odometer reading reflects the amount of mileage in excess of the
designed mechanical odometer limit, a statement to that effect.
(iii) If the lessee knows
that the odometer reading differs from the mileage and that the difference is greater
than that caused by odometer calibration error, a statement that the odometer
reading is not the actual mileage and should not be relied upon.
(10) If the lessor transfers a leased vehicle without
obtaining possession of the vehicle, the lessor may indicate on the certificate
of title the mileage disclosed by the lessee under subsection (9), unless the
lessor has reason to believe that the mileage disclosed by the lessee does not
reflect the actual mileage of the vehicle.
(11) A dealer who is required by this section to execute an
odometer mileage statement shall retain for 5 years a photostatic, carbon, or
other facsimile copy of each odometer mileage statement the dealer issues or
receives. The dealer shall retain the odometer mileage statements at his or her
primary place of business in an order that is appropriate to business
requirements and that permits systematic retrieval.
(12) A lessor shall retain for 5 years following the date of
transfer of ownership of each leased vehicle, the odometer mileage statement
received from the lessee. The lessor shall retain the odometer mileage
statements at his or her primary place of business in an order that is
appropriate to business requirements and that permits systematic retrieval.
(13) An auction dealer or vehicle salvage pool operator shall
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establish and retain at his or her primary place of business
in an order that is appropriate to business requirements and that permits
systematic retrieval, for 5 years following the date of sale of each motor
vehicle, the following records:
(a) The name and the most recent owner, other than the
auction dealer or salvage pool operator.
(b) The name of the buyer.
(c) The vehicle identification number.
(d) The odometer reading, not including the tenths of a mile,
on the date the auction dealer or salvage pool operator took possession of the
motor vehicle.
(14) A violation of subsection (1) or (6) by any dealer
licensed under this act is prima facie evidence of a fraudulent act as provided
in section 249.
(15) A person who, with intent to defraud, violates any
requirement under subsection (1) or (6), or a dealer who fails to retain for 5
years each odometer mileage statement the dealer receives and each odometer
mileage statement furnished by the dealer upon the sale of a vehicle, is liable
in an amount equal to 3 times the amount of actual damages sustained or
$1,500.00 whichever is greater, and in the case of a successful recovery of damages,
the costs of the action together with reasonable attorney's
attorney fees.
Sec. 255. (1) Except as
otherwise provided in this chapter, a person shall not operate, nor shall an
owner knowingly permit to be operated, upon any highway, a vehicle required to
be registered under this act unless, except as otherwise provided in this
subsection, no later than 30 days after the vehicle is registered or the
vehicle's registration is renewed, a valid registration
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plate issued for the vehicle by the department for the
current registration year is attached to and displayed on the vehicle as
required by this chapter. For purposes of this subsection, a printed or
electronic copy of a valid registration or verification of a valid registration
through the L.E.I.N. is proof that the vehicle is registered or that the
vehicle's registration has been renewed. A registration plate is not required
for a wrecked or disabled vehicle, or vehicle destined for repair or junking,
that is being transported or drawn on a highway by a wrecker or a registered
motor vehicle. The 30-day period described in this subsection does not apply to
the first registration of a vehicle after a transfer of ownership or to a
transfer registration under section 809.
(2) Except as otherwise provided in this section, a person
who violates subsection (1) is responsible for a civil infraction. However, if
the vehicle is a commercial vehicle which that is required to be registered according to the
schedule of elected gross vehicle weights under section 801(1)(k), the person
is guilty of a misdemeanor punishable by imprisonment for not more than 90 days
or a fine of not more than $500.00, or both.
(3) A person who operates a vehicle licensed under the
international registration plan and does not have a valid registration due to
nonpayment of the apportioned fee is guilty of a misdemeanor, punishable by
imprisonment for not more than 90 days, or by a fine of not more than $100.00,
or both. In addition, a police officer may impound the vehicle until a valid
registration is obtained. If the vehicle is impounded, the towing and storage
costs of the vehicle, and the care or preservation of the load in the vehicle
are the owner's responsibility. Vehicles impounded are
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subject to a lien in the amount of the apportioned fee and
any fine and costs incurred under this subsection, subject to a valid lien of prior
record. If the apportioned fee, fine, and costs are not paid within 90 days
after impoundment, then following a hearing before the judge or magistrate who
imposed the fine and costs, the judge or magistrate shall certify the unpaid
judgment to the prosecuting attorney of the county in which the violation
occurred. The prosecuting attorney shall enforce the lien by foreclosure sale
in accordance with the procedure authorized by law for chattel mortgage
foreclosures.
(4) A noncommercial vehicle registration described in
subsection (1) that expires on or after March 1, 2020 but is renewed on or
before December 11, 2020 March
31, 2021 is not in violation of this section. A commercial vehicle
registration described in subsection (1) that expires on or after March 1, 2020
but is renewed on or before December 11, 2020 March 31, 2021 is not in violation of this section.
Sec. 301. (1) Except as
provided in this act, an individual shall not drive a motor vehicle on a
highway in this state unless that individual has a valid operator's or
chauffeur's license with the appropriate group designation and indorsements for
the type or class of vehicle being driven or towed. A resident of this state
holding a commercial driver license group indorsement issued by another state
shall apply for a license transfer within 30 days after establishing domicile
in this state.
(2) An individual shall not receive a license to operate a
motor vehicle until that individual surrenders to the secretary of state all
valid licenses to operate a motor vehicle issued to that individual by this or
any state or certifies that he or she does
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not possess a valid license. The secretary of state shall
notify the issuing state that the licensee is now licensed in this state.
(3) An individual shall not have more than 1 valid driver license.
(4) An individual shall not drive a motor vehicle as a
chauffeur unless that individual holds a valid chauffeur's license. An
individual shall not receive a chauffeur's license until that individual
surrenders to the secretary of state a valid operator's or chauffeur's license
issued to that individual by this or any state or certifies that he or she does
not possess a valid license.
(5) An individual holding a valid chauffeur's license need
not procure an operator's license.
(6) An operator's or chauffeur's license that expires on or
after March 1, 2020 is valid until December 11, 2020.March 31, 2021.
Sec. 306. (1) The
secretary of state, on receiving an application for a temporary instruction
permit from an individual who is 18 years of age or older, may issue that
permit that entitles 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 on 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. A temporary instruction permit
issued under this subsection that expires on or after March 1, 2020 is valid
until December 11, 2020.March
31, 2021.
(2) The secretary of state may issue an original operator's
license and designate level 1, 2, or 3 graduated licensing provisions to an
individual who is less than 18 years of age, has
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been licensed in another state or country, and has satisfied
the applicable requirements of section 310e. An original operator's license
with a designated level 1, 2, or 3 graduated licensing provision issued under
this subsection that expires on or after March 1, 2020 is valid until December 11, 2020.March 31,
2021.
(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 that does not require a group
designation under section 312e 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 that requires an indorsement under section 312a or a
vehicle group designation 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. A temporary driver education
certificate issued under this subsection that expires on or after March 1, 2020
is valid until December 11, 2020.March 31, 2021.
(5) Beginning January 1, 2015, the secretary of state, on
receiving proper application from an individual 16 or 17 years of
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age who is enrolled in or has successfully completed an
approved motorcycle safety course under section 811a, or an individual 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 that entitles the
applicant, while carrying the permit, to operate a motorcycle on the public
streets and highways for a period of 180 days 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) A motorcycle temporary instruction permit issued under
subsection (5) that expires on or after March 1, 2020 is valid until December 11, 2020.March 31,
2021.
Sec. 306a. (1) The
secretary of state may issue a commercial learner's permit that entitles an
individual to drive a vehicle requiring a vehicle group designation or
indorsement under section 312e if all of the following apply:
(a) The individual submits a proper application and meets the
requirements of 49 CFR part 383.
(b) The individual is 18 years of age or older.
(c) The individual holds a valid operator's or chauffeur's
license that is not a restricted license.
(d) The individual passes the knowledge tests for an original
vehicle group designation or indorsement, as required by 49 CFR
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part 383.
(e) If the individual is applying for a hazardous materials indorsement, endorsement, he
or she has been approved for the hazardous materials indorsement
endorsement by the federal transportation security administration.Federal Transportation Security Administration.
(2) An individual issued a commercial learner's permit under
subsection (1), or an equivalent commercial learner's permit issued by another
jurisdiction, may operate a vehicle requiring a vehicle group designation or
indorsement under section 312e, if all of the following apply:
(a) The individual has the permit and a valid operator's or
chauffeur's license in his or her possession while operating the vehicle.
(b) The individual is accompanied by an instructor certified
under the driver education provider and instructor act, 2006 PA 384, MCL
256.621 to 256.705, or an adult with a valid operator's or chauffeur's license,
and all of the following apply:
(i) The instructor or
licensed adult has in his or her possession a valid license with a vehicle
group designation and any indorsement necessary to operate the vehicle as
provided in section 312e.
(ii) The instructor or
licensed adult is at all times physically present in the front seat of the
vehicle next to the operator or, in the case of a passenger vehicle, directly
behind the operator or in the first row behind the operator.
(iii) The instructor or
licensed adult has the operator under observation and direct supervision.
(c) The individual shall not operate a vehicle transporting
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hazardous materials as defined in 49 CFR part 383.
(d) If the individual has a permit to operate a tank vehicle,
the individual may only operate an empty tank vehicle and shall not operate any
tank vehicle that previously contained hazardous materials unless the tank has
been purged of all hazardous material residue.
(e) If the individual has a permit to operate a vehicle
designed to carry 16 or more passengers or a school bus, the individual shall
not operate a vehicle designed to carry 16 or more passengers or a school bus
with any passengers other than the following individuals:
(i) The instructor or
licensed adult described in this section.
(ii) Federal or state
auditors or inspectors.
(iii) Test examiners.
(iv) Other trainees.
(3) A commercial learner's permit issued under this section
is valid for 180 days 1
year from the date of issuance. An individual
may apply 1 time to renew the permit for an additional 180 days without taking
the knowledge tests described in subsection (1) if the individual applies for
the renewal before the expiration of the original permit.
(4) Notwithstanding subsection (3), a commercial learner's
permit issued under this section that expires on or after March 1, 2020 is
valid until December 11, 2020.March 31, 2021.
Sec. 307. (1) If
an applicant for an operator's license or chauffeur's license to operate a
noncommercial motor vehicle is a citizen of the United States, the applicant
shall supply a photographic identity document, a birth certificate, or other
sufficient documents as the secretary of state may require, to
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verify the
identity and citizenship of the applicant. If an applicant for an operator's or
chauffeur's license is not a citizen of the United States, the applicant shall
supply a photographic identity document and other sufficient documents to
verify the identity of the applicant and the applicant's legal presence in the
United States under subdivision (b). The documents required under this
subsection must include the applicant's full legal name, date of birth, and
address and residency and demonstrate that the applicant is a citizen of the
United States or is legally present in the United States. If the applicant's
full legal name differs from the name of the applicant that appears on a
document presented under this subsection, the applicant shall present documents
to verify his or her current full legal name. The secretary of state shall
accept as 1 of the required identification documents an identification card
issued by the department of corrections to prisoners who are placed on parole
or released from a correctional facility, containing the prisoner's legal name,
photograph, and other information identifying the prisoner as provided in
section 37(4) of the corrections code of 1953, 1953 PA 232, MCL 791.237. An
application for an operator's or chauffeur's license must be made in a manner
prescribed by the secretary of state and must contain all of the following:
(a) The
applicant's full legal name, date of birth, residence address, height, sex, eye
color, signature, intent to make an anatomical gift, other information required
or permitted on the license under this chapter, and, only to the extent
required to comply with federal law, the applicant's Social Security number.
The applicant may provide a mailing address if the applicant receives mail at
an address different from his or her residence
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address.
(b) If the
applicant is not a citizen of the United States, the applicant shall provide,
and the department shall verify, documents demonstrating his or her legal
presence in the United States. Nothing in this act shall
must obligate or be construed to
obligate this state to comply with title II of the real ID act of 2005, Public
Law 109-13. The secretary of state may adopt rules under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, as are necessary for
the administration of this subdivision. A determination by the secretary of
state that an applicant is not legally present in the United States may be
appealed under section 631 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.631. The secretary of state shall not issue an operator's license or a
chauffeur's license to an applicant described in this subdivision for a term
that exceeds the duration of the applicant's legal presence in the United
States.
(c) The following
notice must be included to inform the applicant that under sections 509o and
509r of the Michigan election law, 1954 PA 116, MCL 168.509o and 168.509r, the
secretary of state is required to use the residence address provided on this
application as the applicant's residence address on the qualified voter file
for voter registration and voting:
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"NOTICE: Michigan law requires that the same address |
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be used for voter registration and driver license |
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purposes. Therefore, if the residence address |
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you provide in this application differs from your |
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voter registration address as it appears on the |
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qualified voter file, the secretary of state |
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will automatically change your voter registration |
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to match the residence address on this application, |
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after which your voter registration at your former |
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address will no longer be valid for voting purposes. |
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A new voter registration card, containing the |
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information of your polling place, will be provided |
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to you by the clerk of the jurisdiction where your |
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residence address is located.". |
(d) For an
original or renewal operator's or chauffeur's license with a vehicle group
designation or indorsement, the names of all states where the applicant has
been licensed to drive any type of motor vehicle during the previous 10 years.
(e) For an
operator's or chauffeur's license with a vehicle group designation or
indorsement, the following certifications by the applicant:
(i) The applicant meets the applicable federal driver
qualification requirements under 49 CFR parts 383 and 391 or meets the
applicable qualifications of the department of state police under the motor
carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25.
(ii) The vehicle in which
the applicant will take the driving skills tests is representative of the type
of vehicle the applicant operates or intends to operate.
(iii) The applicant is not
subject to disqualification by the United States Secretary of Transportation,
or a suspension, revocation, or cancellation under any state law for conviction
of an offense described in section 312f or 319b.
(iv) The applicant does not
have a driver's license from more than 1 state or jurisdiction.
(f) An applicant for an operator's or chauffeur's license
with
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a vehicle group designation and a hazardous material indorsement endorsement shall
provide his or her fingerprints as prescribed by state and federal law.
(g) For automatic voter registration purposes under section
493a of the Michigan election law, 1954 PA 116, MCL 168.493a, a space for the
applicant to indicate on the application or change of address application
whether he or she is a citizen of the United States.
(h) A space to allow the applicant to indicate that the
applicant declines to use the application as a voter registration application.
(i) Beginning 180
days after the effective date of the amendatory act that added this
subdivision, an applicant for an operator's or chauffeur's license who is a
program participant in the address confidentiality program under the address
confidentiality program act shall present to the secretary of state his or her
participation card issued under the address confidentiality program act.
(2) An applicant for an operator's or chauffeur's license may
have his or her image and signature captured or reproduced when the application
for the license is made. The secretary of state shall acquire equipment
purchased or leased under this section under standard purchasing procedures of
the department of technology, management, and budget based on standards and
specifications established by the secretary of state. The secretary of state
shall not purchase or lease equipment until an appropriation for the equipment
has been made by the legislature. A digital photographic image and signature
captured under this section must appear on the applicant's operator's license
or chauffeur's license. A person's
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An individual's digital photographic
image and signature shall be used as follows:
(a) By a federal, state, or local governmental agency for a
law enforcement purpose authorized by law.
(b) By the secretary of state for a use specifically
authorized by law.
(c) By the secretary of state for forwarding to the
department of state police the images of persons required to be registered
under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.736,
upon the department of state police providing the secretary of state an updated
list of the names of those persons.
(d) By the secretary of state for forwarding to the
department of state police as provided in section 5c of 1927 PA 372, MCL
28.425c.
(e) By the secretary of state for forwarding to the
department of licensing and regulatory affairs the images of applicants for an
official state registry identification card issued under section 6 of the
Michigan medical marihuana act, Medical Marihuana Act, 2008 IL 1, MCL 333.26426, if the
department of licensing and regulatory affairs promulgates rules requiring a
photograph as a design element for an official state registry identification
card.
(f) As necessary to comply with a law of this state or of the
United States.
(3) An application must contain a signature or verification
and certification by the applicant, as determined by the secretary of state,
and must be accompanied by the proper fee. The secretary of state shall collect
the application fee with the application. The secretary of state shall refund
the application fee to the applicant if the license applied for is denied, but
shall not
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refund the fee to an applicant who fails to complete the
examination requirements of the secretary of state within 90 days after the
date of application for a license.
(4) In conjunction with the application for an original or
renewal operator's license or chauffeur's license, the secretary of state shall
do all of the following:
(a) If the applicant is not a participant in the anatomical
gift donor registry program, specifically inquire, either orally or in writing,
whether the applicant wishes to participate in the anatomical gift donor
registry program under part 101 of the public health code, 1978 PA 368, MCL
333.10101 to 333.10123. If the secretary of state or an employee of the
secretary of state fails to inquire whether an applicant wishes to participate
in the anatomical gift donor registry program as required by this subdivision,
neither the secretary of state nor the employee is civilly or criminally liable
for the failure to make the inquiry.
(b) Provide the applicant with all of the following:
(i) Information explaining
the applicant's right to make an anatomical gift in the event of death in
accordance with section 310.
(ii) Information describing
the anatomical gift donor registry program under part 101 of the public health
code, 1978 PA 368, MCL 333.10101 to 333.10123. The information required under
this subparagraph includes the address and telephone number of Michigan's
federally designated organ procurement organization as that term is defined in
section 10102 of the public health code, 1978 PA 368, MCL 333.10102, or its
successor organization.
(iii) Information giving the
applicant the opportunity to be placed on the donor registry described in
subparagraph (ii).
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(c) Provide the applicant with the opportunity to specify on
his or her operator's or chauffeur's license that he or she is willing to make
an anatomical gift in the event of death in accordance with section 310.
(d) Inform the applicant that, if he or she indicates to the
secretary of state under this section a willingness to have his or her name
placed on the donor registry described in subdivision (b)(ii), the secretary of state will mark the applicant's record
for the donor registry.
(5) The secretary of state may fulfill the requirements of
subsection (4) by 1 or more of the following methods:
(a) Providing printed material enclosed with a mailed notice
for an operator's or chauffeur's license renewal or the issuance of an
operator's or chauffeur's license.
(b) Providing printed material to an applicant who personally
appears at a secretary of state branch office, or inquiring orally.
(c) Through electronic information transmittals for
operator's and chauffeur's licenses processed by electronic means.
(6) The secretary of state shall maintain a record of an
individual who indicates a willingness to have his or her name placed on the
donor registry described in subsection (4)(b)(ii). Information about an applicant's indication of a
willingness to have his or her name placed on the donor registry that is
obtained by the secretary of state under subsection (4) and forwarded under
subsection (14) is exempt from disclosure under section 13(1)(d) of the freedom
of information act, 1976 PA 442, MCL 15.243. The secretary of state is not
required to maintain a record of an individual who does not indicate a
willingness to have his or her name placed on the donor registry described in
subsection (4)(b)(ii)
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or an individual who does not respond to an inquiry under
subsection (4)(a).
(7) If an application is received from a person an individual previously
licensed in another jurisdiction, the secretary of state shall request a copy
of the applicant's driving record and other available information from the
National Driver Register. When received, the driving record and other available
information become a part of the driver's record in this state.
(8) If a person an individual applies for a commercial learner's permit
for an original vehicle group designation or indorsement to operate a commercial
motor vehicle, the secretary of state may verify the person's
individual's identity, may require proof of
Michigan domicile under 49 CFR 383.5, and may verify the person's individual's proof
of United States citizenship or proof of lawful permanent residency as required
under 49 CFR 383.71 and 383.73, if that information is not on the person's individual's Michigan
driving record. If a person an individual applies for a renewal of an operator's or
chauffeur's license to operate a commercial motor vehicle, the secretary of
state may verify the person's individual's identity, may require proof of Michigan
domicile under 49 CFR 383.5, and may verify the person's
individual's proof of citizenship or lawful
permanent residency under 49 CFR 383.71 and 383.73, if that information is not
on the person's individual's
Michigan driving record. If a person an individual applies for an upgrade of a vehicle group
designation or indorsement, the secretary of state may verify the person's individual's identity,
may require proof of Michigan domicile under 49 CFR 383.5, and may verify the person's individual's proof
of citizenship or lawful permanent residency under 49 CFR 383.71 and
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383.73, if that information is not on the person's individual's Michigan
driving record. The secretary of state shall request the person's individual's complete
driving record from all states where the applicant was previously licensed to
drive any type of motor vehicle over the last 10 years before issuing a vehicle
group designation or indorsement to the applicant. If the applicant does not
hold a valid commercial motor vehicle driver license from a state where he or
she was licensed in the last 10 years, this complete driving record request
must be made not earlier than 24 hours before the secretary of state issues the
applicant a vehicle group designation or indorsement. For all other drivers,
this request must be made not earlier than 10 days before the secretary of
state issues the applicant a vehicle group designation or indorsement. If the
application is for the renewal of a vehicle group designation or indorsement,
and if the secretary of state enters on the person's individual's driving record maintained under section
204a a notation that the request was made and the date of the request, the
secretary of state is required to request the applicant's complete driving
record from other states only once under this section. The secretary of state
shall also check the applicant's driving record with the National Driver
Register and the federal Commercial Driver's License Information System before
issuing that group designation or indorsement.
(9) Except for a vehicle group
designation or indorsement or as provided in this subsection or section 314(5),
the The secretary of state may issue a
renewal operator's or chauffeur's license for 1
additional 4-year period or beginning on July 1, 2021,
for 2 additional 4-year periods, or until the person individual is no
longer determined to be legally present under this section by mail
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or by other methods prescribed by the secretary of state. The
secretary of state may check the applicant's driving record through the
National Driver Register and the Commercial Driver's License Information System
before issuing a license under this section. The secretary of state shall issue
a renewal license only in person if the person individual is a person an individual required under section 5a of the sex
offenders registration act, 1994 PA 295, MCL 28.725a, to maintain a valid
operator's or chauffeur's license or official state personal identification
card. If a license is renewed by mail or by other method, the secretary of
state shall issue evidence of renewal to indicate the date the license expires
in the future. The department of state police shall provide to the secretary of
state updated lists of persons individuals required under section 5a of the sex
offenders registration act, 1994 PA 295, MCL 28.725a, to maintain a valid
operator's or chauffeur's license or official state personal identification
card.
(10) Upon request, the secretary of state shall provide an
information manual to an applicant explaining how to obtain a vehicle group
designation or indorsement. The manual must contain the information required
under 49 CFR part 383.
(11) The secretary of state shall not disclose a Social
Security number obtained under subsection (1) to another person except for use
for 1 or more of the following purposes:
(a) Compliance with 49 USC 31301 to 31317 and regulations and
state law and rules related to this chapter.
(b) To carry out the purposes of section 466(a) of the social
security act, 42 USC 666, in connection with matters relating to paternity,
child support, or overdue child support.
(c) To check an applicant's driving record through the
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National Driver Register and the Commercial Driver's License
Information System when issuing a license under this act.
(d) With the department of health and human services, for
comparison with vital records maintained by the department of health and human
services under part 28 of the public health code, 1978 PA 368, MCL 333.2801 to
333.2899.
(e) As otherwise required by law.
(12) The secretary of state shall not display a person's an individual's Social
Security number on the person's individual's operator's or chauffeur's license.
(13) A requirement under this section to include a Social
Security number on an application does not apply to an applicant who demonstrates
that he or she is exempt under law from obtaining a Social Security number.
(14) As required in section 10120 of the public health code,
1978 PA 368, MCL 333.10120, the secretary of state shall maintain the donor
registry in a manner that provides electronic access, including, but not
limited to, the transfer of data to this state's federally designated organ
procurement organization or its successor organization, tissue banks, and eye
banks, in a manner that complies with that section.
(15) The secretary of state, with the approval of the state
administrative board created under 1921 PA 2, MCL 17.1 to 17.3, may enter into
agreements with the United States government to verify whether an applicant for
an operator's license or a chauffeur's license under this section who is not a
citizen of the United States is authorized under federal law to be present in
the United States.
(16) The secretary of state shall not issue an operator's
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license or a chauffeur's license to a
person an individual holding an operator's
license or chauffeur's license issued by another state without confirmation
that the person individual
is terminating or has terminated the operator's license or chauffeur's
license issued by the other state.
(17) The secretary of state shall do all of the following:
(a) Ensure the physical security of locations where
operator's licenses and chauffeur's licenses are produced and the security of
document materials and papers from which operator's licenses and chauffeur's
licenses are produced.
(b) Subject all persons authorized to manufacture or produce
operator's licenses or chauffeur's licenses and all persons who have the
ability to affect the identity information that appears on operator's licenses
or chauffeur's licenses to appropriate security clearance requirements. The
security requirements of this subdivision and subdivision (a) may require that
licenses be manufactured or produced in this state.
(c) Provide fraudulent document recognition programs to
department of state employees engaged in the issuance of operator's licenses
and chauffeur's licenses.
(18) The secretary of state shall have electronic access to
prisoner information maintained by the department of corrections for the
purpose of verifying the identity of a prisoner who applies for an operator's
or chauffeur's license under subsection (1).
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
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secretary of
state authorizes an individual to administer vehicle group designation or
endorsement knowledge tests, that individual 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 must 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's 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 that have 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
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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 must 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
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public or private
corporation or agency to conduct a driving skills test conducted under this
section. Before the secretary of state authorizes an individual to administer a
corporation's or agency's driver skills testing operations or authorizes an
examiner to conduct a driving skills test, that individual 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 an
individual 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 must 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
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another state or
country.
(6) A driving
skills test conducted under this section must 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
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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.
(11) An
operator's or chauffeur's license that expires on or after March 1, 2020 is
valid until December 11, 2020.March 31, 2021.
Sec. 310. (1) The secretary of state
shall issue an operator's license to each person licensed as an operator and a
chauffeur's license to each person licensed as a chauffeur. An applicant for a
motorcycle indorsement under section 312a or a vehicle group designation or
indorsement shall first qualify for an operator's or chauffeur's license before
the indorsement or vehicle group designation application is accepted and
processed. An original license or the first renewal of an existing license
issued to a person less than 21 years of age must be portrait or vertical in
form and a license issued to a person 21 years of age or over must be landscape
or horizontal in form.
(2) The license
issued under subsection (1) must contain all of the following:
(a) The
distinguishing number permanently assigned to the licensee.
(b) The Except
as provided in section 310f, the full legal name, date of birth,
address of residence, height, eye color, sex, digital photographic image,
expiration date, and signature of the licensee.
(c) In the case
of a licensee who has indicated his or her wish to participate in the
anatomical gift donor registry under part 101 of the public health code, 1978
PA 368, MCL 333.10101 to 333.10123, a heart insignia on the front of the
license.
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(d) Physical
security features designed to prevent tampering, counterfeiting, or duplication
of the license for fraudulent purposes.
(e) If requested
by an individual who is a veteran of the armed forces of this state, another
state, or the United States, a designation that the individual is a veteran.
The designation must be in a style and format considered appropriate by the
secretary of state. The secretary of state shall require proof of discharge or
separation of service from the armed forces of this state, another state, or
the United States, and the nature of that discharge, for the purposes of
verifying an individual's status as a veteran under this subdivision. The
secretary of state shall consult with the department of military and veterans
affairs in determining the proof that must be required to identify an
individual's status as a veteran for the purposes of this subsection. The
secretary of state may provide the department of military and veterans affairs
and agencies of the counties of this state that provide veteran services with
information provided by an applicant under this subsection for the purpose of
veterans' benefits eligibility referral.
(3) Except as
otherwise required under this chapter, other information required on the license
under this chapter may appear on the license in a form prescribed by the
secretary of state.
(4) The license
must not contain a fingerprint or finger image of the licensee.
(5) A digitized
license may contain an identifier for voter registration purposes. The
digitized license may contain information appearing in electronic or machine readable machine-readable codes needed to conduct a
transaction with the secretary
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of state. The
information must be limited to the information described in subsection (2)(a)
and (b) except for the person's digital photographic image and signature, state
of issuance, license expiration date, and other information necessary for use
with electronic devices, machine readers, or automatic teller machines and must
not contain the driving record or other personal identifier. The license must
identify the encoded information.
(6) The license
must be manufactured in a manner to prohibit as nearly as possible the ability
to reproduce, alter, counterfeit, forge, or duplicate the license without ready
detection. In addition, a license with a vehicle group designation must contain
the information required under 49 CFR part 383.
(7) Except as
provided in subsection (11), a person who intentionally reproduces, alters,
counterfeits, forges, or duplicates a license photograph, the negative of the
photograph, image, license, or electronic data contained on a license or a part
of a license or who uses a license, image, or photograph that has been
reproduced, altered, counterfeited, forged, or duplicated is subject to 1 of
the following:
(a) If the intent
of the reproduction, alteration, counterfeiting, forging, duplication, or use
is to commit or aid in the commission of an offense that is a felony punishable
by imprisonment for 10 or more years, the person committing the reproduction,
alteration, counterfeiting, forging, duplication, or use is guilty of a felony,
punishable by imprisonment for not more than 10 years or a fine of not more
than $20,000.00, or both.
(b) If the intent
of the reproduction, alteration, counterfeiting, forging, duplication, or use
is to commit or aid in the commission of an offense that is a felony punishable
by
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imprisonment for
less than 10 years or a misdemeanor punishable by imprisonment for 6 months or
more, the person committing the reproduction, alteration, counterfeiting,
forging, duplication, or use is guilty of a felony, punishable by imprisonment
for not more than 5 years, or a fine of not more than $10,000.00, or both.
(c) If the intent
of the reproduction, alteration, counterfeiting, forging, duplication, or use
is to commit or aid in the commission of an offense that is a misdemeanor
punishable by imprisonment for less than 6 months, the person committing the
reproduction, alteration, counterfeiting, forging, duplication, or use is
guilty of a misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $2,000.00, or both.
(8) Except as
provided in subsections (11) and (16), a person who sells, or who possesses
with the intent to deliver to another, a reproduced, altered, counterfeited,
forged, or duplicated license photograph, negative of the photograph, image,
license, or electronic data contained on a license or part of a license is
guilty of a felony punishable by imprisonment for not more than 5 years or a
fine of not more than $10,000.00, or both.
(9) Except as
provided in subsections (11) and (16), a person who is in possession of 2 or
more reproduced, altered, counterfeited, forged, or duplicated license
photographs, negatives of the photograph, images, licenses, or electronic data
contained on a license or part of a license is guilty of a felony punishable by
imprisonment for not more than 5 years or a fine of not more than $10,000.00,
or both.
(10) Except as
provided in subsection (16), a person who is in possession of a reproduced,
altered, counterfeited, forged, or duplicated license photograph, negative of
the photograph, image,
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license, or
electronic data contained on a license or part of a license is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or a fine of
not more than $2,000.00, or both.
(11) Subsections
(7)(a) and (b), (8), and (9) do not apply to a minor whose intent is to violate
section 703 of the Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1703.
(12) The
secretary of state, upon determining after an examination that an applicant is
mentally and physically qualified to receive a license, may issue the applicant
a temporary driver's permit. The temporary driver's permit entitles the
applicant, while having the permit in his or her immediate possession, to
operate a motor vehicle upon the highway for a period not exceeding 60 days
before the secretary of state has issued the applicant an operator's or chauffeur's
license. The secretary of state may establish a longer duration for the
validity of a temporary driver's permit if necessary to accommodate the process
of obtaining a background check that is required for an applicant by federal
law.
(13) An operator
or chauffeur may indicate on the license in a place designated by the secretary
of state his or her blood type, emergency contact information, immunization
data, medication data, or a statement that the licensee is deaf. The secretary
of state shall not require an applicant for an original or renewal operator's
or chauffeur's license to provide emergency contact information as a condition
of obtaining a license. However, the secretary of state may inquire whether an
operator or chauffeur would like to provide emergency contact information and, beginning July 1, 2021, shall allow an operator or
chauffeur that meets the requirements of subsection (21) to elect a
communication impediment
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designation.
Emergency contact information obtained under this subsection must be disclosed
only to a state or federal law enforcement agency for law enforcement purposes
or to the extent necessary for a medical emergency. No
later than January 1, 2017, the The
secretary of state shall develop and shall, in conjunction with
the department of state police, implement a process using the L.E.I.N. or any
other appropriate system that limits access to law enforcement that would allow
law enforcement agencies of this state to access emergency contact information
and, beginning July 1, 2021, to view
a communication impediment designation that the holder of an operator's license
has voluntarily provided to the secretary of state.
(14) An operator
or chauffeur may indicate on the license in a place designated by the secretary
of state that he or she has designated a patient advocate in accordance with
sections 5506 to 5515 of the estates and protected individuals code, 1998 PA
386, MCL 700.5506 to 700.5515.
(15) If the
applicant provides proof to the secretary of state that he or she is a minor
who has been emancipated under 1968 PA 293, MCL 722.1 to 722.6, the license
must bear the designation of the individual's emancipated status in a manner prescribed
by the secretary of state.
(16) Subsections
(8), (9), and (10) do not apply to a person who is in possession of 1 or more
photocopies, reproductions, or duplications of a license to document the
identity of the licensee for a legitimate business purpose.
(17) A sticker or
decal may be provided by any person, hospital, school, medical group, or
association interested in assisting in implementing an emergency medical
information card,
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but must meet the
specifications of the secretary of state. An emergency medical information card
may contain information concerning the licensee's patient advocate designation,
other emergency medical information, or an indication as to where the licensee
has stored or registered emergency medical information.
(18) The
secretary of state shall inquire of each licensee, in person or by mail,
whether the licensee agrees to participate in the anatomical gift donor
registry under part 101 of the public health code, 1978 PA 368, MCL 333.10101
to 333.10123.
(19) A licensee
who has agreed to participate in the anatomical gift donor registry under part
101 of the public health code, 1978 PA 368, MCL 333.10101 to 333.10123, must not
be considered to have revoked that agreement solely because the licensee's
license has been revoked or suspended or has expired. Enrollment in the donor
registry constitutes a legal agreement that remains binding and in effect after
the donor's death regardless of the expressed desires of the deceased donor's
next of kin who may oppose the donor's anatomical gift.
(20) If an
operator's or chauffeur's license is issued to an individual described in
section 307(1)(b) who has temporary lawful status, the license must be issued
in compliance with 6 CFR 37.21 or in compliance with the process established to
comply with 6 CFR 37.71 by the secretary of state.
(21) An operator
or chauffeur seeking an election for a communication impediment designation
under subsection (13) shall provide to the secretary of state a certification
that meets all of the following:
(a) Is signed by
a physician, physician assistant, certified nurse practitioner, or physical
therapist licensed to practice in
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this state.
(b) Identifies
the individual for whom the communication impediment designation is being
elected.
(c) Attests to
the nature of the communication impediment.
(22) A person who
intentionally makes a false statement of material fact or commits or attempts
to commit a deception or fraud on a statement described under subsection (21)
is guilty of a misdemeanor punishable by imprisonment for not more than 30 days
or a fine of not more than $500.00, or both.
(23) Subject to
subsection (24), the secretary of state may cancel or revoke a communication
impediment designation elected and maintained under this section if either of
the following circumstances applies:
(a) The secretary
of state determines that a communication impediment designation was
fraudulently or erroneously elected.
(b) The secretary
of state determines the communication impediment designation was abused during
a traffic stop.
(24) The
secretary of state shall provide the operator or chauffeur notice and an
opportunity to be heard before canceling or revoking a communication impediment
designation under subsection (23).
(25) As used in
this section:
(a)
"Communication impediment" means the operator or chauffeur has a health
condition that may impede communication with a police officer during a traffic
stop, including, but not limited to, any of the following:
(i) Deafness or hearing loss.
(ii) An autism spectrum
disorder.
(b) "Emergency contact information" means the name,
telephone
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number, or address of an individual that is used for the sole
purpose of contacting that individual when the holder of an operator's license
has been involved in an emergency.
(c) "Temporary lawful status" means that term as
defined in 6 CFR 37.3.
(d) "Veteran" means that term as defined in section
1 of 1965 PA 190, MCL 35.61.
Sec. 310f. (1) Beginning 180 days after the effective date of the amendatory act that added this section, upon receipt of a notice from the department of the attorney general that an individual who has been issued an operator's or chauffeur's license under this act has been certified as a program participant in the address confidentiality program, the secretary of state shall issue a corrected operator's or chauffeur's license to that individual by mailing the license to his or her designated address. Beginning 180 days after the effective date of the amendatory act that added this section, an operator's or chauffeur's license issued under this section or section 310 to a program participant must display the individual's designated address and must not display the individual's residence address.
(2) An individual who is issued a corrected license under this section shall destroy his or her old license and replace it with the corrected license.
(3) Beginning 180 days after the effective date of the amendatory act that added this section, an individual whose certification as a program participant in the address confidentiality program is renewed under the address confidentiality program act may renew a license issued under this section upon payment of the renewal fee under section 811.
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(4) As used in this section:
(a) "Address confidentiality program" means a program as that term is defined in section 3 of the address confidentiality program act.
(b)
"Designated address" means that term as defined in section 3 of the
address confidentiality program act.
(c) "Program
participant" means that term as defined in section 3 of the address
confidentiality program act.
Sec. 312f. (1)
Except as otherwise provided in this section, an individual shall be not less
than 18 years of age before he or she is issued a vehicle group designation or
indorsement, other than a motorcycle indorsement, or not less than 21 years of
age and has been approved by the Transportation Security Administration for a
hazardous material endorsement before he or she is issued a hazardous material indorsement endorsement on an operator's or chauffeur's license
and, as provided in this section, the individual shall pass knowledge and
driving skills tests that comply with minimum federal standards prescribed in
49 CFR part 383. The knowledge and skills test scores must be retained by the
secretary of state as provided under 49 CFR 383.135. An individual who is 18
years of age or older operating a vehicle to be used for farming purposes only
may obtain an A or B vehicle group designation or an F vehicle indorsement.
Each written examination given an applicant for a vehicle group designation or
indorsement must include subjects designed to cover the type or general class
of vehicle to be operated. Except as follows, an individual shall pass an
examination that includes a driving skills test designed to test competency of
the applicant for an original vehicle group designation and passenger
indorsement on an operator's or
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chauffeur's license to drive that type or general
class of vehicle upon the highways of this state with safety to persons and
property:
(a) The secretary of state shall waive the driving skills
test for an individual operating a vehicle that is used under the conditions
described in section 312e(8)(a) to (d) unless the vehicle has a gross vehicle
weight rating of 26,001 pounds or more on the power unit and is to be used to
carry hazardous materials on which a placard is required under 49 CFR parts 100
to 199.
(b) The driving skills test may be waived if the applicant
has a valid license with the appropriate vehicle group designation, passenger
vehicle indorsement, or school bus indorsement in another state issued in
compliance with 49 USC 31301 to 31317, or if the individual successfully passes
a driving skills test administered in another state that meets the requirements
of federal law and the law of this state.
(c) The secretary of state may waive the driving skills test
required under this section for an individual with military commercial motor
vehicle experience if the individual, at the time of application, certifies and
provides evidence satisfactory to the secretary of state that he or she
continuously met all of the requirements under 49 CFR part
383 during the 2-year period immediately preceding the date of
application for the commercial driver license.
(2) Except for an individual who has held an operator's or
chauffeur's license for less than 1 year, the secretary of state shall waive
the knowledge test and the driving skills test and issue a 1-year seasonal
restricted vehicle group designation to an otherwise qualified applicant to
operate a group B or a group C
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vehicle for a farm related service industry if all
of the following conditions are met:
(a) The applicant meets the requirements of 49 CFR 383.77.
(b) The seasons for which the seasonal restricted vehicle
group designation is issued are from April 2 to June 30 and from September 2 to
November 30 only of a 12-month period or, at the option of the applicant, for
not more than 180 days from the date of issuance in a 12-month period.
(c) The commercial motor vehicle for which the seasonal
restricted vehicle group designation is issued must be operated only if all the
following conditions are met:
(i) The commercial motor
vehicle is operated only on routes within 150 miles from the place of business
to the farm or farms being served.
(ii) The commercial motor vehicle does not transport a quantity
of hazardous materials on which a placard under 49 CFR parts 100 to 199 is
required except for the following:
(A) Diesel motor fuel in
quantities of 1,000 gallons or less.
(B) Liquid fertilizers
in quantities of 3,000 gallons or less.
(C) Solid fertilizers
that are not transported with any organic substance.
(iii) The commercial motor vehicle does not require the H, N, P,
S, T, or X vehicle indorsement.
(3) A seasonal
restricted vehicle group designation under this section must be issued,
suspended, revoked, canceled, denied, or renewed in accordance with this act.
The secretary of state may renew a seasonal restricted vehicle group
designation 1 time per calendar year regardless of whether the seasonal
restricted vehicle group designation is expired at the time of renewal.
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(4) 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, section
312e, or 49 CFR part 383. Before the secretary of state authorizes an individual
to administer a corporation's or agency's driver skills testing operations or
authorizes an examiner to conduct a driving skills test, that individual or
examiner must complete both a state and Federal Bureau of Investigation
fingerprint-based criminal history check through the department of state
police.
(5) The secretary of
state shall not issue a commercial learner's permit, a vehicle group
designation, or a vehicle indorsement to an applicant for an original vehicle
group designation or vehicle indorsement under section 312e or may cancel a
commercial learner's permit or all vehicle group designations or endorsements
on an individual's operator's or chauffeur's license to whom 1 or more of the
following apply:
(a) The applicant has
had his or her license suspended or revoked for a reason other than as provided
in section 321a, 515, 732a, or 801c or section 30 of the support and parenting
time enforcement act, 1982 PA 295, MCL 552.630, in the 36 months immediately
preceding application. However, a vehicle group designation may be issued if
the suspension or revocation was due to a temporary medical condition or
failure to appear at a reexamination as provided in section 320.
(b) The applicant was
convicted of or incurred a bond forfeiture in relation to a 6-point violation
as provided in section 320a in the 24 months immediately preceding application
if the violation occurred while the applicant was operating a commercial motor
vehicle, or a violation of section 625(3) or
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former section 625b, or
a local ordinance that substantially corresponds to section 625(3) or former
section 625b in the 24 months immediately preceding application, if the
applicant was operating any type of motor vehicle.
(c) The applicant is
listed on the national driver register, National Driver Register, the commercial
driver's license information system, Commercial
Driver's License Information System, or the driving records of the state
in which the applicant was previously licensed as being disqualified from
operating a commercial motor vehicle or as having a license or driving
privilege suspended, revoked, canceled, or denied.
(d) The applicant is
listed on the national driver register, National Driver Register, the commercial
driver's license information system, Commercial
Driver's License Information System, or the driving records of the state
in which the applicant was previously licensed as having had a license
suspended, revoked, or canceled in the 36 months immediately preceding
application if a suspension or revocation would have been imposed under this
act had the applicant been licensed in this state in the original instance.
This subdivision does not apply to a suspension or revocation that would have
been imposed due to a temporary medical condition or under section 321a, 515,
732a, or 801c or section 30 of the support and parenting time enforcement act,
1982 PA 295, MCL 552.630.
(e) The applicant is
subject to a suspension or revocation under section 319b or would have been
subject to a suspension or revocation under section 319b if the applicant had
been issued a vehicle group designation or vehicle indorsement.
(f) The applicant has
been disqualified from operating a commercial motor vehicle under 49 USC 31301
to 31317 or the
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applicant's license to
operate a commercial motor vehicle has been suspended, revoked, denied, or
canceled within 36 months immediately preceding the date of application.
(g) The United States
Secretary of Transportation has disqualified the applicant from operating a
commercial motor vehicle.
(h) The applicant fails
to satisfy the federal regulations promulgated under 49 CFR parts 383 and 391
by refusing to certify the type of commercial motor vehicle operation the
applicant intends to perform and fails to present valid medical certification
to the secretary of state if required to do so. The requirement of this
subdivision is waived from July 1, 2020 to December 31, 2020 pursuant to the
Waiver in Response to the COVID-19 National Emergency – For States, CDL
Holders, CLP Holders, and Interstate Drivers Operating Commercial Motor
Vehicles, or any extension of that waiver issued after
December 31, 2020.
(i) The applicant has
been disqualified from operating a commercial motor vehicle due to improper or
fraudulent testing.
(j) If the secretary of
state determines through a governmental investigation that there is reason to
believe that a commercial driver license or endorsement was issued as a result
of fraudulent or improper conduct in taking a knowledge test or driving skills
test required under 49 CFR part 383, the secretary
of state shall require the applicant to retake and successfully pass that test.
The secretary of state shall cancel any commercial driver license or
endorsement issued as a result of the suspect test unless the applicant retakes
and passes that test.
(6) The secretary of
state shall not renew or upgrade a vehicle group designation if 1 or more of
the following conditions
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exist:
(a) The United States
Secretary of Transportation has disqualified the applicant from operating a
commercial motor vehicle.
(b) The applicant is
listed on the national driver register National Driver Register or the commercial driver's license information system Commercial Driver's License Information System as being
disqualified from operating a commercial motor vehicle or as having a driver
license or driving privilege suspended, revoked, canceled, or denied.
(c) On or after January
30, 2012, the applicant fails to meet the requirements of 49 CFR parts 383 and
391 by refusing to certify the type of commercial motor vehicle operation the
applicant intends to perform and fails to present medical certification to the
secretary of state if required to do so. The requirement of this subdivision is
waived from July 1, 2020 to December 31, 2020, pursuant to the Waiver in
Response to the COVID-19 National Emergency – For States, CDL Holders, CLP
Holders, and Interstate Drivers Operating Commercial Motor Vehicles.
(7) The secretary of
state shall only consider bond forfeitures under subsection (5)(b) for
violations that occurred on or after January 1, 1990 when determining the
applicability of subsection (5).
(8) If an applicant for
an original vehicle group designation was previously licensed in another
jurisdiction, the secretary of state shall request a copy of the applicant's
driving record from that jurisdiction. If 1 or more of the conditions described
in subsection (5) exist in that jurisdiction when the secretary of state
receives the copy, the secretary of state shall cancel all
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vehicle group
designations on the individual's operator's or chauffeur's license.
(9) The secretary of
state shall cancel all vehicle group designations on an individual's operator's
or chauffeur's license upon receiving notice from the United States Secretary
of Transportation, the national driver register, National Driver Register, the commercial
driver's license information system, Commercial
Driver's License Information System, or another state or jurisdiction
that 1 or more of the conditions described in subsection (5) existed at the
time of the individual's application in this state.
(10) The secretary of
state shall cancel all vehicle group designations on the individual's
operator's or chauffeur's license upon receiving proper notice that the
individual no longer meets the federal driver qualification requirements under
49 CFR parts 383 and 391 to operate a commercial motor vehicle in interstate or
intrastate commerce, or the individual no longer meets the driver qualification
requirements to operate a commercial motor vehicle in intrastate commerce under
the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25.
(11) Subsection (5)(a),
(b), (d), and (f) does not apply to an applicant for an original vehicle group
designation who at the time of application has a valid license to operate a
commercial motor vehicle issued by any state in compliance with 49 USC 31301 to
31317.
(12) As used in this
section, "farm related service industry" means custom harvesters,
farm retail outlets and suppliers, agri-chemical business, or livestock
feeders.
Sec. 312k. (1) Notwithstanding any other provisions in this
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act, all of the
following apply:
(a) A commercial driver
license that expires on or after March 1, 2020 is valid until December 11, 2020.March 31,
2021.
(b) Medical
certification for operator's or chauffeur's license holders with a group
designation required under 49 CFR 391.45 that expires on or after March 1, 2020
are is valid until
December 11, 2020. March
31, 2021. This subdivision does not apply to either of the following:
(i) A medical certification for operator's or chauffeur's
license holders with a group designation required under 49 CFR 391.45 that was
not valid before March 1, 2020.
(ii) An individual issued a medical certification for operator's
or chauffeur's license holders with a group designation required under 49 CFR
391.45 who, since his or her last medical certificate was issued, has been
diagnosed with a medical condition that would disqualify the individual from
operating in interstate commerce, or who, since his or her last medical
certificate was issued, has developed a condition that requires an exemption or
Skill Performance Evaluation from the Federal Motor Carrier Safety
Administration.
(c) Hazardous material
endorsements that expire on or after March 1, 2020 are valid until October 29,
2020. A security threat assessment required under 49 CFR 1572.13(a) that is valid
on or after March 1, 2020 is valid until October 29, 2020. An individual with a
hazardous material endorsement that is extended for 180 days under this
subdivision must initiate a security threat assessment with the National
Highway Traffic Safety Administration at least 60 days before the expiration of
the hazardous material endorsement.
(2) This section does
not affect the secretary of state's
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authority to revoke or suspend
an operator's or chauffeur's license or a group designation or indorsement
under this act.
Sec. 314. (1) Except as otherwise provided in this section,
an operator's license and chauffeur's license expire on the birthday of the
individual to whom the license is issued in the fourth year following the date
of the issuance of the license or on the date the individual is no longer
considered to be legally present in the United States under section 307,
whichever is earlier, unless suspended or revoked before that date. A license
must not be issued for a period longer than 4 years. An individual holding a
license at any time 12 months before the expiration of his or her license may
apply for a new license as provided for in this chapter. A knowledge test for
an original group designation or indorsement may be taken at any time during
this period and the results are valid for 12 months. A license renewed under
this subsection must be renewed for the time remaining on the license before
its renewal combined with the 4-year renewal period.
(2) The first operator's
license issued to an individual who at the time of application is less than
20-1/2 years of age expires on the licensee's twenty-first birthday or on the
date the individual is no longer considered to be legally present in the United
States under section 307, whichever is earlier, unless suspended or revoked.
(3) The first
chauffeur's license issued to an individual expires on the licensee's birthday
in the fourth year following the date of issuance or on the date the individual
is no longer considered to be legally present in the United States under
section 307, whichever is earlier, unless the license is suspended or revoked
before that date. The chauffeur's license of an individual
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who at the time of
application is less than 20-1/2 years of age expires on the licensee's
twenty-first birthday or on the date the individual is no longer considered to
be legally present in the United States under section 307, whichever is
earlier, unless suspended or revoked. A subsequent chauffeur's license expires
on the birthday of the individual to whom the license is issued in the fourth
year following the date of issuance of the license or on the date the
individual is no longer considered to be legally present in the United States
under section 307, whichever is earlier, unless the license is suspended or
revoked before that date.
(4) An individual may
apply for an extension of his or her driving privileges if he or she is out of
state on the date that his or her operator's or chauffeur's license expires.
The extension may extend the license for 180 days beyond the expiration date or
not more than 2 weeks after the applicant returns to Michigan, whichever occurs
first. This subsection does not apply to an individual who fails to meet the
requirements of 49 CFR parts 383 and 391 with regard to medical certification
documentation requirements.
(5) The secretary of
state may issue a renewal operator's or chauffeur's license to an individual
who will be out of state for more than 180 days beyond the expiration date of
his or her operator's or chauffeur's license, if the secretary of state has a
digital image of the individual on file. The applicant for this renewal shall
submit a statement evidencing a vision examination in accordance with the rules
promulgated by the secretary of state under section 309 and any other statement
required by this act or federal law. An individual is not eligible for
consecutive renewals of a license under this subsection. This subsection does
not apply
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to an individual who
fails to meet the requirements of 49 CFR parts 383 and 391 with regard to
medical certification documentation requirements, or an individual with a
hazardous material indorsement endorsement on his or her operator's or chauffeur's license.
(6) The secretary of
state may check the applicant's driving record through the National Driver
Register and the Commercial Driver's License Information System before issuing
a renewal under this section.
(7) Notwithstanding the
provisions of this section, an operator's or chauffeur's license that expires
on or after March 1, 2020 is valid until December 11,
2020.March 31, 2021.
Sec. 801k. Notwithstanding any other provisions in this
chapter, late fees must not be assessed on the following vehicles:
(a) A vehicle registered
under section 801(1)(j) or (k) or section 801g whose registration expires on or
after March 1, 2020 and whose registration is renewed before December 11, 2020.March 31,
2021.
(b) All other vehicles
registered under this chapter whose registration expires on or after March 1,
2020 and whose registration is renewed before December
11, 2020.March 31, 2021.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 70 of the 100th Legislature is enacted into law.