Bill Text: MI HB5059 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Traffic control; driver license; application process for learner's permit or driver's license; modify for foster children. Amends secs. 306, 308 & 310e of 1949 PA 300 (MCL 257.306 et seq.).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-10-05 - Bill Electronically Reproduced 10/04/2017 [HB5059 Detail]

Download: Michigan-2017-HB5059-Introduced.html

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HOUSE BILL No. 5059

 

 

October 4, 2017, Introduced by Rep. Kosowski and referred to the Committee on Transportation and Infrastructure.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 306, 308, and 310e (MCL 257.306, 257.308, and

 

257.310e), sections 306 and 310e as amended by 2015 PA 11 and

 

section 308 as amended by 1999 PA 40.

 

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 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 defined

 

in section 3 of the driver education provider and instructor act,

 

2006 PA 384, MCL 256.623, and who has successfully completed 10

 

hours of classroom instruction and the equivalent of 2 hours of

 

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

 

education certificate furnished by the department of state that

 

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

 

vehicle requiring an indorsement 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, or, if the student is a

 

foster child, a licensed adult, for the purpose of receiving

 

additional instruction until the end of the student's driver

 

education course. As used in this subsection, "foster child" means

 

a child placed in foster care as that term is defined in section 2

of the foster care and adoption services act, 1994 PA 203, MCL

 

722.952.

 

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

 

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

 

who is enrolled in or has successfully completed an approved

 

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

 

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

 

chauffeur's license, may issue a motorcycle temporary instruction

 

permit entitling the applicant, while carrying the permit, to

 

operate a motorcycle upon the public streets and highways for a

 

period of 180 days 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.

 

     Sec. 308. (1) The secretary of state shall not approve the

 

application of a person who is 17 years of age or less for an

 

operator's license unless the application is signed by the parent

 

or guardian of the applicant and the person has satisfied the

 

appropriate requirements of section 310e, or if the person does not

 

have a parent or guardian or is a foster child, then a license

 

shall not be granted to the person unless the application is signed

 

by another responsible adult and the person has satisfied the

appropriate requirements of section 310e. As used in this

 

subsection, "foster child" means a child placed in foster care as

 

that term is defined in section 2 of the foster care and adoption

 

services act, 1994 PA 203, MCL 722.952.

 

     (2) This section does not apply to minors emancipated under

 

1968 PA 293, MCL 722.1 to 722.6.

 

     Sec. 310e. (1) Except as otherwise provided in this act, an

 

operator's or chauffeur's license issued to a person who is 17

 

years of age or less shall be in a form as prescribed in section

 

310, and valid only upon the issuance of a graduated driver

 

license.

 

     (2) The secretary of state shall designate graduated licensing

 

provisions in a manner that clearly indicates that the person is

 

subject to the appropriate provisions described in this section.

 

     (3) Except as otherwise provided in section 303, a person who

 

is not less than 14 years and 9 months of age may be issued a level

 

1 graduated licensing status to operate a motor vehicle if the

 

person has satisfied all of the following conditions:

 

     (a) Passed a vision test and met health standards as

 

prescribed by the secretary of state.

 

     (b) Successfully completed segment 1 of a driver education

 

course as that term is defined in section 7 of the driver education

 

provider and instructor act, 2006 PA 384, MCL 256.627, including a

 

minimum of 6 hours of on-the-road driving time with the instructor.

 

     (c) Received written approval of a parent or legal guardian

 

or, if the person is a foster child, written approval of a

 

responsible adult.

     (4) A person issued a level 1 graduated licensing status may

 

operate a motor vehicle only when accompanied either by a licensed

 

parent or legal guardian or, with the permission of the parent or

 

legal guardian, a licensed driver 21 years of age or older. A

 

foster child issued a level 1 graduated licensing status may

 

operate a motor vehicle only when accompanied by a licensed driver

 

21 years of age or older. Except as otherwise provided in this

 

section, a person is restricted to operating a motor vehicle with a

 

level 1 graduated licensing status for not less than 6 months.

 

     (5) A person may be issued a level 2 graduated licensing

 

status to operate a motor vehicle if the person has satisfied all

 

of the following conditions:

 

     (a) Had a level 1 graduated licensing status for not less than

 

6 months.

 

     (b) Successfully completed segment 2 of a driver education

 

course as that term is defined in section 7 of the driver education

 

provider and instructor act, 2006 PA 384, MCL 256.627.

 

     (c) Not incurred a moving violation resulting in a conviction

 

or civil infraction determination or been involved in an accident

 

for which the official police report indicates a moving violation

 

on the part of the person during the 90-day period immediately

 

preceding application.

 

     (d) Presented a certification by the parent or guardian that

 

the person, accompanied by his or her licensed parent or legal

 

guardian or, with the permission of the parent or legal guardian,

 

any licensed driver 21 years of age or older, has accumulated a

 

total of not less than 50 hours of behind-the-wheel experience

including not less than 10 nighttime hours, or, if the person is a

 

foster child, presented a certification by a responsible adult that

 

the person, accompanied by any licensed driver 21 years of age or

 

older, has accumulated a total of not less than 50 hours of behind-

 

the-wheel experience including not less than 10 nighttime hours.

 

     (e) Successfully completed a secretary of state approved

 

driving skills test. The secretary of state may enter into an

 

agreement with another public or private corporation or agency to

 

conduct this driving skills test. 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. This subdivision applies to a person 16 years of age

 

or over only if the person has satisfied subdivisions (a), (b),

 

(c), and (d).

 

     (6) A person issued a level 2 graduated licensing status under

 

subsection (5) shall remain at level 2 for not less than 6 months.

 

A person issued a level 2 graduated licensing status under

 

subsection (5) shall not operate a vehicle under the following

 

circumstances:

 

     (a) Between the hours of 10 p.m. and 5 a.m. This subdivision

 

does not apply if either of the following applies:

 

     (i) The person is accompanied by a parent or legal guardian or

 

a licensed driver 21 years of age or older designated by the parent

 

or legal guardian or, if the person is a foster child, the person

is accompanied by a licensed driver 21 years of age or older.

 

     (ii) The person is operating the vehicle in the course of his

 

or her employment or while going to or from employment or while

 

going to or from an authorized activity.

 

     (b) With more than 1 passenger in the vehicle who is less than

 

21 years of age. This subdivision does not apply if any of the

 

following apply:

 

     (i) The person is accompanied by a parent or legal guardian or

 

a licensed driver 21 years of age or older designated by the parent

 

or legal guardian or, if the person is a foster child, the person

 

is accompanied by a licensed driver 21 years of age or older.

 

     (ii) Any additional passengers who are less than 21 years of

 

age are members of his or her immediate family.

 

     (iii) The person is operating the vehicle in the course of his

 

or her employment or while going to or from employment or while

 

going to or from an authorized activity.

 

     (7) The provisions and provisional period described in

 

subsection (4) or (6) shall be expanded or extended, or both,

 

beyond the periods described in subsection (4) or (6) if any of the

 

following occur and are recorded on the licensee's driving record

 

during the provisional periods described in subsection (4) or (6)

 

or any additional periods imposed under this subsection:

 

     (a) A moving violation resulting in a conviction, civil

 

infraction determination, or probate court disposition.

 

     (b) An accident for which the official police report indicates

 

a moving violation on the part of the licensee.

 

     (c) A license suspension for a reason other than a mental or

physical disability.

 

     (d) A violation of subsection (4) or (6).

 

     (8) The provisional period described in subsection (4) shall

 

be extended under subsection (7) until the licensee completes 90

 

consecutive days without a moving violation, an accident in which a

 

moving violation resulted, suspension, or provisional period

 

violation listed in subsection (7), or until age 18, whichever

 

occurs first. The provisional period described in subsection (6)

 

shall be extended under subsection (7) until the licensee completes

 

12 consecutive months without a moving violation, suspension, or

 

restricted period violation listed in subsection (7) or until age

 

18, whichever occurs first.

 

     (9) A person who is not less than 17 years of age may be

 

issued a level 3 graduated licensing status under this subsection

 

if the person has completed 12 consecutive months without a moving

 

violation, an accident in which a moving violation resulted,

 

suspension, or restricted period violation listed in subsection (7)

 

while the person was issued a level 2 graduated licensing status

 

under subsection (5).

 

     (10) Notice shall be given by first-class mail to the last

 

known address of a licensee if the provisions are expanded or

 

extended as described in subsection (7).

 

     (11) A person who violates subsection (4) or (6) is

 

responsible for a civil infraction.

 

     (12) If a person is determined responsible for a violation of

 

subsection (4) or (6), the secretary of state shall send written

 

notification of any conviction or moving violation to a designated

parent or guardian of the person or, if the person is a foster

 

child, to a responsible adult designated by the person.

 

     (13) For purposes of this section:

 

     (a) Upon conviction for a moving violation, the date of the

 

arrest for the violation shall be used in determining whether the

 

conviction occurred within a provisional licensure period under

 

this section.

 

     (b) Upon entry of a civil infraction determination for a

 

moving violation, the date of issuance of a citation for a civil

 

infraction shall be used in determining whether the civil

 

infraction determination occurred within a provisional licensure

 

period under this section.

 

     (c) The date of the official police report shall be used in

 

determining whether a licensee was driving a motor vehicle involved

 

in an accident for which the official police report indicates a

 

moving violation on the part of the licensee or indicates the

 

licensee had been drinking alcoholic liquor.

 

     (14) A person shall have his or her graduated licensing status

 

in his or her immediate possession at all times when operating a

 

motor vehicle, and shall display the card upon demand of a police

 

officer. A person who violates this subsection is responsible for a

 

civil infraction.

 

     (15) As used in this section: , "authorized activity"

 

     (a) "Authorized activity" means any of the following:

 

     (i) (a) A school or a school-sanctioned event or activity. For

 

purposes of this subdivision, subparagraph, school means a public

 

or private school, including a home school.

     (ii) (b) A sporting event or activity, or extracurricular

 

event or activity, that is not school-sanctioned but that is part

 

of an official sports league or association or an official

 

extracurricular club, or that is paid for as a service offered by a

 

business specializing in those events or activities or training for

 

those events or activities.

 

     (iii) (c) A class or program of vocational instruction offered

 

by a college, community college, nonprofit association, or unit of

 

government or by a business specializing in vocational training.

 

     (iv) (d) An event or activity sponsored by a religious

 

organization that is tax-exempt under federal law.

 

     (v) (e) Transporting an individual in need of immediate

 

emergency care or personal protection to a health care

 

professional, hospital, police station, domestic violence shelter,

 

or public safety location.

 

     (b) "Foster child" means a child placed in foster care as that

 

term is defined in section 2 of the foster care and adoption

 

services act, 1994 PA 203, MCL 722.952.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.