Bill Text: MI HB5834 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Vehicles; other; disability mobility vehicles; exclude from driver license requirement. Amends sec. 302 of 1949 PA 300 (MCL 257.302).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-20 - Assigned Pa 428'18 With Immediate Effect [HB5834 Detail]
Download: Michigan-2017-HB5834-Engrossed.html
HB-5834, As Passed Senate, December 11, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5834
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 302 (MCL 257.302), as amended by 2008 PA 7.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 302. The following persons are exempt from obtaining a
license under this chapter:
(a)
A person serving in the armed forces Armed Forces of the
United States if furnished with a driver's permit and operating an
official motor vehicle in that service or a person who is a
military driver and operates a commercial motor vehicle for a
military purpose. This exemption applies to active duty military
personnel, members of the military reserves, active duty United
States
coast guard Coast Guard personnel, and members of the
national guard while on active duty, including, but not limited to,
personnel on full-time national guard duty, personnel on part-time
national guard training, and national guard military technicians
who are civilians required to wear military uniforms. This
exemption does not apply to any of the following:
(i) United States reserve technicians.
(ii) Except as otherwise provided in this subdivision, a
person
who is a civilian and in the employ of the armed forces
Armed Forces of the United States.
(b) A person while driving or operating a road roller, a snow
motor, road machinery, or a farm tractor or implement of husbandry
temporarily drawn, moved, or propelled on a highway, if the person
is a citizen of the United States or is otherwise eligible to be
issued an operator's license or chauffeur's license under section
307(1).
(c) A nonresident who is not less than 16 years of age and who
has been licensed either as an operator or a chauffeur under a law
requiring the licensing of operators or chauffeurs in his or her
home state and who has in his or her immediate possession either a
valid operator's or a valid chauffeur's license issued to him or
her in his or her home state.
(d) A nonresident who is over the age of 17 years, whose home
state does not require the licensing of operators, may operate a
motor vehicle as an operator only, for a period of not more than 90
days in any calendar year, if all of the following apply:
(i) The motor vehicle is registered in the home state or
country of the nonresident.
(ii) The nonresident has in his or her immediate possession a
registration card evidencing ownership and registration of the
motor vehicle in his or her home state or country, or is able at
any time or place required to prove lawful possession or the right
to operate the motor vehicle and to establish his or her proper
identity.
(iii) The nonresident is a citizen of the United States or is
otherwise eligible to be issued an operator's license or
chauffeur's license under section 307(1).
(e)
A person who is a member of the armed forces Armed Forces
of the United States on official leave, who on the date of his or
her orders granting leave possessed an operator's or chauffeur's
license, valid except for the expiration date of the license. This
exemption applies only to the person's first leave of absence
following the expiration of his or her license and exempts the
person from the provisions of this act for a period not to exceed
30 days.
(f)
A person who is a discharged member of the armed forces
Armed Forces of the United States, who on the date of his or her
discharge possesses an operator's or chauffeur's license, valid
except for the expiration date, for a period not to exceed 30 days
from date of discharge.
(g)
A person who is a member of the armed forces Armed Forces
of the United States, stationed in this state, who resides in
another state and has a valid license issued by the state in which
he or she resides.
(h) A person while operating a commercial motor vehicle in the
course of a driving test administered by a certified examiner
appointed by the secretary of state and while accompanied by the
examiner, if the person is a citizen of the United States or is
otherwise eligible to be issued an operator's license or
chauffeur's license under section 307(1).
(i) A person while operating a commercial motor vehicle who is
not disqualified from operating a commercial motor vehicle and who
holds a commercial driver license that is issued to him or her by
another state or jurisdiction under 49 CFR part 383.
(j) A person with a mobility disability while operating a
power-driven mobility device. This subdivision does not apply to a
person with a mobility disability while operating a power-driven
mobility device on a street, road, or highway in this state.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 5374 of the 99th Legislature is enacted into
law.