Bill Text: MI HB5438 | 2013-2014 | 97th Legislature | Chaptered


Bill Title: Vehicles; driver training; training to enhance motorcycle and bicycle awareness; provide for. Amends sec. 37 of 2006 PA 384 (MCL 256.657).

Spectrum: Bipartisan Bill

Status: (Passed) 2014-10-22 - Assigned Pa 317'14 [HB5438 Detail]

Download: Michigan-2013-HB5438-Chaptered.html

Act No. 317

Public Acts of 2014

Approved by the Governor

October 14, 2014

Filed with the Secretary of State

October 14, 2014

EFFECTIVE DATE: 91st day after final adjournment of 2014 Regular Session

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2014

Introduced by Reps. Brown, LaVoy, Stanley, Segal, Rogers, Knezek, Dillon, Clemente, Dianda, Geiss, Lamonte, Brinks, Yanez, Switalski, Brunner, Smiley, Phelps, Townsend, Slavens, McCann, Kandrevas, Cochran, Potvin, Bumstead, Singh, Roberts, Kivela, Zemke, Banks, Irwin, Faris, Lane, Callton, Lipton, Darany, Schor, Abed, Greimel, Rutledge, Nathan, Haugh, Graves, Santana, Olumba, Forlini, Victory, VerHeulen, Lori, Tlaib, Haines, Hobbs, Hovey-Wright, Barnett, Walsh, Durhal, Talabi, Stallworth, Robinson, Muxlow, Kurtz, Johnson, McBroom, Denby, Haveman, Driskell, Pagel, Glardon, McCready, LaFontaine, Schmidt, Daley, Howrylak, Heise, Oakes, Franz, Goike, Jacobsen, Jenkins, Kesto, Kosowski, Kowall, Lauwers, Lund, Lyons, O’Brien, Outman, Rendon, Somerville, Yonker and Zorn

ENROLLED HOUSE BILL No. 5438

AN ACT to amend 2006 PA 384, entitled “An act to provide for the certification of driver education providers; to prescribe certain record-keeping and program requirements for driver education providers; to provide for the certification of driver education instructors; to prescribe the powers and duties of certain persons and departments; to prescribe certain fees; to establish a fund in the state treasury; to prescribe remedies, sanctions, and penalties; and to rescind administrative rules,” by amending section 37 (MCL 256.657).

The People of the State of Michigan enact:

Sec. 37. (1) A segment 1 curriculum shall include both classroom and behind-the-wheel driver education course experience. The classroom instruction and behind-the-wheel instruction shall be integrated, relate to each other, and meet the following requirements:

(a) Each student shall receive not less than 24 hours of classroom instruction. Classroom instruction shall be scheduled to occur as follows:

(i) Classroom instruction shall occur not more than 2 hours per day.

(ii) Classroom instruction shall occur over the course of 3 or more weeks.

(iii) Classroom instruction of 4 or more hours shall be received before the student begins to receive behind-the-wheel instruction.

(iv) Classroom instruction shall include information concerning the laws pertaining to bicycles and motorcycles and shall emphasize awareness of their operation on the streets, roads, and highways of this state.

(v) Behind-the-wheel instruction of 3 or more hours shall be completed before classroom instruction terminates.

(b) Each student shall receive not less than 6 hours of behind-the-wheel instruction or substitute hours permitted under this subsection. Behind-the-wheel instruction shall be scheduled to occur as follows:

(i) A student shall receive not more than 1 hour of behind-the-wheel instruction per day.

(ii) Not more than 1 student shall occupy the front seat of the vehicle with the instructor.

(iii) A driver education motor vehicle shall contain not more than 4 students during behind-the-wheel instruction.

(iv) Not later than 3 weeks after the last classroom instruction has been completed, a student shall complete any remaining required behind-the-wheel instruction.

(v) Except as otherwise provided in this section, a student may receive instruction while operating a motor vehicle at a multiple vehicle driving facility. One hour of instruction received at a multiple vehicle driving facility may substitute as credit for 1 hour of behind-the-wheel experience. A maximum of 2 hours of behind-the-wheel experience can be substituted with instruction received at a multiple vehicle driving facility.

(c) A student shall receive 4 or more hours of behind-the-wheel observation time.

(2) A driver education provider classified for teen driver training shall not substitute behind-the-wheel instruction with multiple vehicle driving facility experience until the secretary of state gives the provider written approval for that substitution as provided in this act.

(3) A driver education provider classified for teen driver training shall not substitute behind-the-wheel driving experience with simulator device training.

(4) As used in this section:

(a) “Integrated” means classroom and behind-the-wheel instruction scheduled to include a mix of classroom and behind-the-wheel instruction throughout the duration of the driver education course, except as otherwise provided in this section.

(b) “Observation time” means the time a student in a driver education course sits in the rear seat of a vehicle and observes another student in the front seat behind the wheel operating the controls of the vehicle, responding to driving situations, and with an instructor sitting in the front seat.

(5) This section shall be known and may be cited as the “Nathan Bower act”.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor