Bill Text: MI HB5053 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Vehicles; motorcycles; motorcycle education; provide for. Amends secs. 306, 309 & 312b of 1949 PA 300 (MCL 257.306 et seq.). TIE BAR WITH: HB 5054'09
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-06-10 - Printed Bill Filed 06/10/2009 [HB5053 Detail]
Download: Michigan-2009-HB5053-Introduced.html
HOUSE BILL No. 5053
June 9, 2009, Introduced by Rep. LeBlanc and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 306, 309, and 312b (MCL 257.306, 257.309, and
257.312b), section 306 as amended by 2006 PA 298 and sections 309
and 312b as amended by 2004 PA 362.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 306. (1) The secretary of state, upon receiving an
application for a temporary instruction permit from a person who is
18 years of age or older, may issue that permit entitling the
applicant, while carrying the permit, to drive a motor vehicle
other than a motor vehicle requiring an indorsement under section
312a or a vehicle group designation under section 312e upon the
highways for a period of 180 days when accompanied by a licensed
adult operator or chauffeur who is actually occupying a seat beside
the driver.
(2) The secretary of state may issue an original operator's
license and designate level 1, 2, or 3 graduated licensing
provisions to a person who is less than 18 years of age, has been
licensed in another state or country, and has satisfied the
applicable requirements of section 310e.
(3) A student enrolled in a driver education course as that
term
is defined in section 1 3 of the driver education and training
schools
act, 1974 PA 369, MCL 256.601 provider
and instructor act,
2006 PA 384, MCL 256.623, or a motorcycle safety course approved by
the department of state may operate a motor vehicle without holding
an operator's license or permit while under the direct supervision
of the program instructor.
(4) A student enrolled in a driver education course as that
term
is defined in section 1 3 of the driver education and training
schools
act, 1974 PA 369, MCL 256.601 provider
and instructor act,
2006 PA 384, MCL 256.623, and who has successfully completed 10
hours of classroom instruction and the equivalent of 2 hours of
behind-the-wheel training may be issued a temporary driver
education certificate furnished by the department of state that
authorizes a student to drive a motor vehicle, other than a motor
vehicle
requiring an indorsement pursuant to under section 312a or
a
vehicle group designation pursuant to under section 312e, when
accompanied by a licensed parent or guardian, or when accompanied
by a nonlicensed parent or guardian and a licensed adult for the
purpose of receiving additional instruction until the end of the
student's driver education course.
(5) The secretary of state, upon receiving proper application
from a person 16 or 17 years of age who is enrolled in or has
successfully completed an approved motorcycle safety course under
section 811a, or a person who is 18 years of age or older and who
holds a valid operator's or chauffeur's license, may issue a
motorcycle temporary instruction permit entitling the applicant,
while carrying the permit, to operate a motorcycle upon the public
streets and highways for a period of 180 days, but only when under
the constant visual supervision of a licensed motorcycle operator
at least 18 years of age. The secretary of state shall not issue
more than 2 motorcycle temporary instruction permits to an
applicant during a 3-year period. The applicant shall not operate
the motorcycle at night or with a passenger.
(6) Except as prohibited under federal law, the secretary of
state, upon receiving proper application from a person who is 18
years of age or older, who holds a valid operator's or chauffeur's
license other than a restricted license, and who has passed the
knowledge test for an original vehicle group designation or
indorsement, may issue a temporary instruction permit entitling the
person, while carrying the permit, to drive a vehicle requiring a
vehicle group designation or vehicle group indorsement under
section 312e upon the streets and highways for a period of 180
days, but only when accompanied by a licensed adult operator or
chauffeur who is licensed with the appropriate vehicle group
designation and indorsement for the vehicle group being driven and
who is actually occupying a seat beside the driver, or behind the
driver if the permittee is driving a bus or school bus. In
addition, if a permittee is enrolled in a driver training program
for drivers of motor vehicles requiring a vehicle group designation
or vehicle group indorsement under section 312e, which program is
conducted by a college, a university, a school licensed by the
department
under the driver education and training schools act,
1974
PA 369, MCL 256.601 to 256.612 provider
and instructor act,
2006 PA 384, MCL 256.621 to 256.705, or a local or intermediate
school district, the permittee may drive a vehicle requiring a
vehicle group designation or vehicle group indorsement on the
streets and highways of this state for a period of 180 days when
accompanied by an instructor licensed with the appropriate vehicle
group designation and indorsement for the vehicle being driven who
is either occupying the seat beside the driver or in direct visual
and audio communication with the permittee. A person issued a
temporary instruction permit under this section shall not operate a
vehicle designed to carry 16 or more passengers that is
transporting passengers except with an instructor licensed with the
appropriate vehicle group designation and indorsement for the
vehicle being driven or a driver skills test examiner.
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. In all other
cases, the secretary of state may waive the examination, except
that an examination shall not be waived if it appears from the
application, from the apparent physical or mental condition of the
applicant, or from any other information which 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 pursuant to section 307 shall certify
to his or her physical capability to operate a motor vehicle. The
secretary of state may check the applicant's driving record through
the national driver register and the commercial driver license
information system before issuing a license under this section.
(2) The secretary of state may appoint sheriffs, their
deputies, the chiefs of police of cities and villages having
organized police departments within this state, their duly
authorized representatives, or employees of the secretary of state
as examining officers for the purpose of examining applicants for
operator's and chauffeur's licenses. An examining officer shall
conduct examinations of applicants for operator's and chauffeur's
licenses in accordance with this chapter and the rules promulgated
by the secretary of state under subsection (3). After conducting an
examination an examining officer shall make a written report of his
or her findings and recommendations to the secretary of state.
(3)
The secretary of state shall promulgate rules pursuant to
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 shall also
ascertain whether the applicant has sufficient knowledge of the
English language to understand highway warnings or direction signs
written in that language. The examination shall not include
investigation of facts other than those facts directly pertaining
to the ability of the applicant to operate a motor vehicle with
safety or facts declared to be prerequisite to the issuance of a
license under this act.
(4) The secretary of state shall not issue an original
operator's or chauffeur's license without a vehicle group
designation or indorsement without an examination that includes a
driving skills test conducted by the secretary of state or by a
designated examining officer under subsection (2) or section 310e.
The secretary of state may enter into an agreement with another
public or private corporation or agency to conduct a driving skills
test conducted under this section. Before the secretary of state
authorizes a person to administer a corporation's or agency's
driver skills testing operations or authorizes an examiner to
conduct a driving skills test, that person or examiner must
complete both a state and federal bureau of investigation
fingerprint based criminal history check through the department of
state police. In an agreement with another public or private
corporation or agency to conduct a driving skills test, the
secretary of state shall prescribe the method and examination
criteria to be followed by the corporation, agency, or examiner
when conducting the driving skills test and the form of the
certification to be issued to a person who satisfactorily completes
a driving skills test. An original vehicle group designation or
indorsement shall not be issued by the secretary of state without a
knowledge test conducted by the secretary of state. Except as
provided in section 312f(1), an original vehicle group designation
or passenger or school bus indorsement shall not be issued by the
secretary of state without a driving skills test conducted by an
examiner appointed or authorized by the secretary of state.
(5) Except as otherwise provided in this act, the secretary of
state may waive the requirement of a driving skills test, knowledge
test, or road sign test of an applicant for an original operator's
or chauffeur's license without a vehicle group designation or
indorsement who at the time of the application is the holder of a
valid, unrevoked operator's or chauffeur's license issued by
another state or country.
(6) A driving skills test conducted under this section shall
include a behind-the-wheel road test. A behind-the-wheel road test
for an original vehicle group designation or passenger indorsement
shall not be conducted unless the applicant has been issued a
temporary instruction permit.
(7) A person who corrupts or attempts to corrupt a designated
examining officer appointed or designated by the secretary of state
under this section or section 310e by giving, offering, or
promising any gift or gratuity with the intent to influence the
opinion or decision of the examining officer conducting the test is
guilty of a felony.
(8) A designated examining officer appointed or designated by
the secretary of state who conducts a driving skills test under an
agreement entered into under this section or section 310e and who
varies from, shortens, or in any other way changes the method or
examination criteria prescribed in that agreement in conducting a
driving skills test is guilty of a felony.
(9) A person who forges, counterfeits, or alters a
satisfactorily completed driving skills test certification issued
by a designated examining officer appointed or designated by the
secretary of state under this section or section 310e is guilty of
a felony.
(10) The secretary of state shall waive the requirement of a
written knowledge test, road sign test, and driving skills test of
an applicant for an original motorcycle endorsement if the person
has successfully passed a motorcycle safety course approved by the
department of state.
Sec. 312b. (1) Before a person who is less than 18 years of
age is issued an original motorcycle endorsement on an operator's
or
chauffeur's license, the person shall pass an examination as
required
by this section and a motorcycle
safety course as provided
in
section 811a or 811b approved
by the department of state.
(2) Before a person who is 18 years of age or older is issued
an original motorcycle endorsement on an operator's or chauffeur's
license, the person shall pass an examination as required by this
section. A person who fails this examination 2 or more times is
required
to successfully complete a motorcycle safety course as
provided
in section 811a or 811b approved
by the department of
state. Each written examination given an applicant for a motorcycle
endorsement on an operator's or chauffeur's license as provided in
section 309 shall also include subjects designed to cover a
motorcycle. A person shall pass an examination that shall include a
driving test designed to test the competency of the applicant for
the first motorcycle endorsement on an operator's or chauffeur's
license to operate a motorcycle upon the roads and highways of this
state with safety to himself or herself and other persons and
property. All examinations shall be administered as provided in
this act. The requirement of a written knowledge test, road sign
test, and motorcycle driving skills test shall be waived for an
applicant who has successfully completed a motorcycle safety course
conducted
by a school or business enterprise as provided in section
811a
or 811b approved by the
department of state. The motorcycle
safety course skills test shall meet or exceed the motorcycle
skills test from the secretary of state. The requirement of a
motorcycle driving skills test may be waived if the applicant has a
valid license or endorsement to operate a motorcycle from another
state.
(3) A motorcycle endorsement issued to a person who operates a
3-wheeled motorcycle or an autocycle shall be restricted to
operation of that type of motorcycle and does not permit operation
of a 2-wheeled motorcycle. The secretary of state shall develop a
driving test specifically pertaining to an autocycle or a 3-wheeled
motorcycle.
(4) The secretary of state is responsible for establishing and
conducting the motorcycle operator driving skills test and shall
promulgate rules under the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328, for purposes of this subsection.
An audit of the motorcycle safety fund shall be conducted by the
office of the auditor general to determine compliance with the
requirement that funds are being withdrawn only in relation to this
act. A copy of the audit shall be transmitted to the legislature
upon completion.
(5) The secretary of state may enter into an agreement with
another public or private corporation or agency to conduct a
driving skills test required under this section. Before the
secretary of state authorizes a person to administer a
corporation's or agency's driver skills testing operations or
authorizes an examiner to conduct a driving skills test, that
person or examiner must complete both a state and federal bureau of
investigation fingerprint based criminal history check through the
department of state police. In an agreement with another public or
private corporation or agency to conduct a driving skills test
under this section, the secretary of state shall prescribe the
method and examination criteria to be followed by the corporation,
agency, or examiner when conducting the driving skills test and the
form of the certification to be issued to a person who
satisfactorily completes a driving skills test. For administering
and overseeing a third party motorcycle testing program, the
secretary of state shall be reimbursed from the motorcycle safety
fund a total amount that does not exceed 50% of the department's
1995-1996 fiscal year appropriation for motorcycle testing under
this section.
(6) A person who corrupts or attempts to corrupt a
corporation, agency, or examiner that conducts a driving skills
test under an agreement entered into with the secretary of state
under this section by giving, offering, or promising any gift or
gratuity with the intent to influence the opinion or decision of
the corporation, agency, or examiner conducting the driving skills
test is guilty of a felony.
(7) A designated examining officer appointed or designated by
the secretary of state who conducts a driving skills test under an
agreement entered into under this section and who varies from,
shortens, or in any other way changes the method or examination
criteria prescribed to be followed under that agreement in
conducting a driving skills test under this section is guilty of a
felony.
(8) A person who forges, counterfeits, or alters a
satisfactorily completed driving skills test certification issued
by a designated examining officer appointed or designated by the
secretary of state under this section is guilty of a felony.
Enacting section 1. Sections 811a and 811b of the Michigan
vehicle code, 1949 PA 300, MCL 257.811a and 257.811b, are repealed.
Enacting section 2. This amendatory act takes effect January
1, 2010.
Enacting section 3. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5054(request no.
02982'09) of the 95th Legislature is enacted into law.
