state of michigan
100th Legislature
Regular session of 2020
Introduced by Reps. Kahle,
Yancey, Lasinski, Hope, Whitsett, Tyrone Carter,
Hood, Sneller, Sabo, Warren, Sowerby, Cambensy,
Clemente, Cherry, Manoogian, Kuppa, Hoadley,
Gay-Dagnogo, Guerra, Brann, O’Malley, Wozniak, Brixie, Peterson, Bolden, Meerman,
Hammoud, Wittenberg, Ellison, Kennedy and Cynthia
Johnson
ENROLLED HOUSE BILL No. 5846
AN ACT to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 204a, 208, 303, 304, 306a, 307, 317, 319, 320e, 321a, and 328 (MCL 257.204a, 257.208, 257.303, 257.304, 257.306a, 257.307, 257.317, 257.319, 257.320e, 257.321a, and 257.328), section 204a as amended by 2016 PA 332, section 208 as amended by 2006 PA 565, section 303 as amended by 2012 PA 498, section 304 as amended by 2018 PA 48, section 306a as amended by 2020 PA 241, section 307 as amended by 2018 PA 604, section 317 as amended by 2018 PA 566, section 319 as amended by 2016 PA 358, section 320e as amended by 2003 PA 152, section 321a as amended by 2017 PA 236, and section 328 as amended by 2015 PA 135; and to repeal acts and parts of acts.
The People of the State of Michigan enact:
Sec. 204a. (1) The secretary of state shall create and
maintain a computerized central file that provides an individual historical
driving record for a natural person with respect to all of the following:
(a) A license issued to the individual under chapter
III.
(b) A conviction, civil infraction determination, or other
licensing action that is entered against the individual for a violation
of this act or a local ordinance that substantially corresponds to a provision of
this act, or that is reported to the secretary of state by another
jurisdiction.
(c) A failure of the individual, including a
nonresident, to comply with a suspension issued under section 321a.
(d) A cancellation, denial, revocation, suspension, or
restriction of the individual’s operating privilege, a failure to pay a department
of state driver responsibility fee, or other licensing action regarding that individual,
under this
act or that is reported to the secretary of state by another jurisdiction. This
subdivision also applies to nonresidents.
(e) An accident in which the individual is involved.
(f) A conviction of the person
for an offense described in former section
319e.
(g) Any driving record requested and received by the secretary of state
under section 307.
(h) Any notice given by the secretary of state and the information provided
in that notice under section 317(2) or (3).
(i) Any other information received by the secretary of
state regarding the individual that is required to be maintained as
part of the individual’s driving record as provided by law.
(2) A secretary of state certified computer-generated or
paper copy of an order, record, or paper maintained in the computerized central
file of the secretary of state is admissible in evidence in the same manner as
the original and is prima facie proof of the contents of and the facts stated
in the original.
(3) An order, record, or paper generated by the computerized
central file of the secretary of state may be certified electronically by the
generating computer. The certification must be a certification of the order,
record, or paper as it appeared on a specific date.
(4) A court or the office of the clerk of a court of this
state that is electronically connected by a terminal device to the computerized
central file of the secretary of state may receive into and use as evidence in
any case the computer-generated certified information obtained by the terminal
device from the file. A duly authorized employee of a court of record of this
state may order a record for an individual from a secretary of state computer
terminal device located in, and under the control of, the court, and certify in
writing that the document was produced from the terminal and that the document
was not altered in any way.
(5) After receiving a request for information contained in
records maintained under this section, the secretary of state shall provide the
information, in a form prescribed by the secretary of state, to any of the
following:
(a) Another state.
(b) The United States Secretary of Transportation.
(c) The individual who is the subject of the record.
(d) A motor carrier employer or prospective motor carrier
employer, but only if the individual who is the subject of the record is
first notified of the request as prescribed by the secretary of state.
(e) An authorized agent of an individual or entity listed in subdivisions (a) to (d).
Sec. 208. (1)
Except as otherwise specified in this section, the secretary of state may
destroy any department records maintained on file for 7 years, including the
information contained in the central file maintained under section 204a.
(2) Except as otherwise provided in this section, records of
convictions of any offense for which points are provided under section
320a(1)(a), (b), (c), or (g) or section 320a(8) may be destroyed after being
maintained on file for 10 years. However, if an individual is convicted of
violating section 625, the record of that conviction must be maintained for
the life of the individual.
(3) If an individual who is a commercial license holder
or a noncommercial license holder who operates a commercial motor vehicle is
convicted under a law of this state, a local ordinance that substantially corresponds
to a law of
this state, or a law of another state that substantially corresponds to a law of this
state of any of the following violations, the record of that conviction must
be
maintained for the life of the individual or until the individual moves to another
jurisdiction:
(a) Operating a vehicle in violation of section 625.
(b) Operating a commercial motor vehicle in violation of
section 625m.
(c) Leaving the scene of an accident.
(d) Using a vehicle to commit a felony.
(e) Refusing to take an alcohol or controlled substance test
required under this act.
(f) Operating a commercial motor vehicle when the individual’s
operator’s
or chauffeur’s license or vehicle group designation is suspended, revoked, or
canceled as a result of prior violations committed while operating a commercial
motor vehicle.
(g) Operating a commercial motor vehicle when the individual
is
disqualified from operating a commercial motor vehicle.
(h) Causing any fatality through the negligent operation of a
commercial motor vehicle.
(4) Records of stolen vehicles reported in section 253 may be
destroyed after being maintained on file for the year of entry plus 4 years.
(5) Except as otherwise specified in this act, records the
secretary of state considers obsolete and of no further service in carrying out
the department’s powers and duties may be destroyed on that
determination.
(6) If a record of suspension under section 321a does not
contain a conviction for a violation of section 904 or a local ordinance that
substantially
corresponds to section 904 during the period of suspension, the secretary
of state may destroy the record 180 days after the suspension terminates or as
provided in subsections (1) to (5).
(7) The secretary of state may destroy a record maintained under section 204a 180 days after the nonresident driver against whom a civil infraction determination is entered complies with an order or judgment issued under section 907.
Sec. 303. (1) The
secretary of state shall not issue a license under this act to any of the
following individuals:
(a) An individual, as an operator, who is less than 18
years of age, except as otherwise provided in this act.
(b) An individual, as a chauffeur, who is less than 18
years of age, except as otherwise provided in this act.
(c) An individual whose license is suspended, revoked, denied, or
canceled in any state. If the suspension, revocation, denial, or cancellation
is not from the jurisdiction that issued the last license to the individual,
the
secretary of state may issue a license after the expiration of 5 years from the
effective date of the most recent suspension, revocation, denial, or
cancellation.
(d) An individual who in the opinion of the secretary of state is
afflicted with or suffering from a physical or mental disability or disease
that prevents the individual from exercising reasonable and ordinary control
over a motor vehicle while operating the motor vehicle on the highways.
(e) An individual who is unable to understand highway warning or
direction signs in the English language.
(f) An individual who is unable to pass a knowledge, skill, or
ability test administered by the secretary of state in connection with issuing
an original
operator’s or chauffeur’s license, original motorcycle indorsement, or an
original or renewal of a vehicle group designation or vehicle indorsement.
(g) An individual who has been convicted of, has received a juvenile
disposition for, or has been determined responsible for 2 or more moving
violations under a law of this state, a local ordinance substantially
corresponding to a law of this state, or a law of another state substantially
corresponding to a law of this state within the preceding 3 years, if the
violations occurred before issuance of an original license to the person in
this state, another state, or another country.
(h) A nonresident, including, but not limited to, a foreign exchange
student.
(i) An
individual who has failed to answer a citation or
notice to appear in court or for any matter pending or fails to comply with an
order or judgment of the court, including, but not limited to, paying all
fines, costs, fees, and assessments, in violation of section 321a, until that individual
answers the citation or notice to appear in court or
for any matter pending or complies with an order or judgment of the court,
including, but not limited to, paying all fines, costs, fees, and assessments,
as provided under section 321a.
(j) An individual not licensed
under this act who has been convicted of, has received a juvenile disposition
for, or has been determined responsible for a crime or civil infraction
described in section 319, 324, or 904. An individual shall be denied a
license under this subdivision for the length of time corresponding to the
period of the licensing sanction that would have been imposed under section
319, 324, or 904 if the individual had been licensed at the time of the violation.
(k) An individual not
licensed under this act who is determined to have violated section 624a or
624b. The individual shall be denied a
license under this subdivision for a period of time that corresponds to the
period of the licensing sanction that would have been imposed under those
sections had the individual been licensed at the
time of the violation.
(l) An individual whose
commercial driver license application is canceled under section 324(2).
(m) Unless otherwise
eligible under section 307(1), an individual who is not
a citizen of the United States.
(2) On receiving the appropriate records of conviction, the
secretary of state shall revoke the operator’s or chauffeur’s license of an
individual and deny issuance of an operator’s
or chauffeur’s license to an individual who has any of the
following, whether under a law of this state, a local ordinance that substantially corresponds to a law
of this state, a law of another state that substantially
corresponds to a law of this state, or,
beginning October 31, 2010, a law of the United States that substantially corresponds to a law
of this state:
(a) Any combination of 2
convictions within 7 years for reckless driving in violation of section 626
before October 31, 2010 or, beginning October 31, 2010, 626(2).
(b) Any combination of 2
or more convictions within 7 years for any of the following:
(i) A felony in which a motor vehicle was used.
(ii) A violation or attempted violation of section 601b(2) or
(3), section 601c(1) or (2), section 602a(4) or (5), section 617, section
653a(3) or (4), or section 904(4) or (5).
(iii) Negligent homicide, manslaughter, or murder that
results from the operation of a vehicle or an attempt to
commit any of those crimes.
(iv) A violation or attempted violation of section 479a(4) or
(5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.
(c) Any combination of 2
convictions within 7 years for any of the following or a combination of 1
conviction for a violation or attempted violation of section 625(6) and 1
conviction for any of the following within 7 years:
(i) A violation or attempted violation of section 625, except a
violation of section 625(2), or a violation of any prior enactment of section
625 in which the defendant operated a vehicle while under the influence of
intoxicating or alcoholic liquor or a controlled substance, or a combination of
intoxicating or alcoholic liquor and a controlled substance, or while visibly impaired,
or with an unlawful bodily alcohol content.
(ii) A violation or attempted violation of section 625m.
(iii) A violation or attempted violation of former section 625b.
(d) One conviction for a
violation or attempted violation of section
315(5), section 601b(3), section 601c(2),
section 602a(4) or (5), section 617, section 625(4) or (5), section 653a(4),
section 904(4) or (5), or, beginning October 31, 2010, section 626(3) or
(4).
(e) One conviction of
negligent homicide, manslaughter, or murder that results from the operation of a vehicle or an attempt to commit any
of those crimes.
(f) One conviction for a
violation or attempted violation of section 479a(4) or (5) of the Michigan
penal code, 1931 PA 328, MCL 750.479a.
(g) Any combination of 3
convictions within 10 years for any of the following or 1 conviction for a
violation or attempted violation of section 625(6) and any combination of 2
convictions for any of the following within 10 years, if any of the convictions
resulted from an arrest on or after January 1, 1992:
(i) A violation or attempted violation of section 625, except a
violation of section 625(2), or a violation of any prior enactment of section
625 in which the defendant operated a vehicle while under the influence of
intoxicating or alcoholic liquor or a controlled substance, or a combination of
intoxicating or alcoholic liquor and a controlled substance, or while visibly
impaired, or with an unlawful bodily alcohol content.
(ii) A violation or attempted violation of section 625m.
(iii) A violation or attempted violation of former section 625b.
(3) The secretary of
state shall revoke a license under subsection (2) notwithstanding a court order
unless the court order complies with section 323.
(4) Except as otherwise
provided under section 304, the secretary of state shall not issue a license
under this act to an individual whose license has been
revoked under this act or revoked and denied under subsection (2) until all of
the following occur, as applicable:
(a) The later of the
following:
(i) The expiration of not less than 1 year after the license
was revoked or denied.
(ii) The expiration of not less than 5 years after the date of a
subsequent revocation or denial occurring within 7 years after the date of any
prior revocation or denial.
(b) For a denial under
subsection (2)(a), (b), (c), and (g), the individual rebuts by clear and convincing evidence the presumption that
results from the prima facie evidence that he or she is a
habitual offender. The convictions that resulted in the revocation and denial
constitute prima facie evidence that he or she is a habitual offender.
(c) The individual
meets the requirements of the department.
(5) The secretary of state
shall deny issuing a vehicle group
designation to an individual under either of the
following circumstances:
(a) The individual
has been disqualified by the United States Secretary
of Transportation from operating a commercial motor
vehicle.
(b) Beginning on and
after January 30, 2012, the individual does not
meet the requirements of the federal regulations under 49 CFR parts 383 and 391 by refusing to certify the type of
commercial motor vehicle operation the individual intends to perform and, if required, fails to present to the
secretary of state a valid medical certification.
(6) Multiple convictions or
civil infraction determinations that result from the
same incident must be treated as a single
violation for purposes of denial or revocation of a license under this section.
(7) As used in this section,
“felony in which a motor vehicle was used” means a felony during the commission
of which the individual operated a motor vehicle
and while operating the vehicle presented real or potential harm to individuals
or property and 1 or more of the following circumstances
existed:
(a) The vehicle was used
as an instrument of the felony.
(b) The vehicle was used
to transport a victim of the felony.
(c) The vehicle was used
to flee the scene of the felony.
(d) The vehicle was
necessary for the commission of the felony.
Sec. 304. (1) Except as provided in subsection (3), the
secretary of state shall issue a restricted license to an individual whose license was suspended or restricted under section 319
or revoked or denied under section 303 based on either of the following:
(a) Two or more
convictions for violating section 625(1) or (3) or a local ordinance of this
state that substantially corresponds to section 625(1) or (3).
(b) One conviction for
violating section 625(1) or (3) or a local ordinance of this state that substantially corresponds to section
625(1) or (3), preceded by 1 or more convictions for violating a local
ordinance or law of another state that substantially
corresponds to section 625(1), (3), or (6), or a
law of the United States that substantially corresponds
to section 625(1), (3), or (6).
(2) A restricted license
issued under subsection (1) must not be issued until after the individual’s
operator’s or chauffeur’s license has been suspended or
revoked for 45 days and the judge assigned to a DWI/sobriety
court certifies to the secretary of state that both of the following conditions
have been met:
(a) The individual
has been admitted into a DWI/sobriety
court program.
(b) An ignition
interlock device approved, certified, and installed as required under sections
625k and 625l has been installed on
each motor vehicle owned or operated, or both, by the individual.
(3) A restricted license
must not be issued under subsection (1) if the individual is otherwise ineligible for an operator’s or chauffeur’s license
under this act, unless the individual’s ineligibility
is based on 1 or more of the following:
(a) Section 303(1)(i) or (k).
(b) Section 303(2)(c)(i) or (iii).
(c) Section 303(2)(g)(i) or (iii).
(d) Section 319(4), (5), (6), (7), (8)(a) to (e), or (9).
(e) Section 320(1)(d).
(f) Section 321a(1) or
(2).
(g) Section 323c.
(h) Section 625f.
(i) Section
732a(5).
(j) Section 904(10).
(k) Section 82105a(2) of the
natural resources and environmental protection act, 1994 PA 451, MCL 324.82105a.
(l) Section 3177 of the
insurance code of 1956, 1956 PA 218, MCL 500.3177.
(m) Section 10 of the motor
vehicle accident claims act, 1965 PA 198,
MCL 257.1110.
(4) A restricted license
issued under subsection (1) permits the individual to whom it is issued to operate only the vehicle equipped
with an ignition interlock device described in subsection (2)(b), to take any
driving skills test required by the secretary of state, and to drive to and
from any combination of the following locations or events:
(a) In the course of the
individual’s employment or occupation if the
employment or occupation does not require a commercial driver license.
(b) To and from any
combination of the following:
(i) The individual’s residence.
(ii) The individual’s work
location.
(iii) An alcohol, drug, or mental health education and treatment
as ordered by the court.
(iv) Alcoholics Anonymous, Narcotics Anonymous, or other
court-ordered self-help programs.
(v) Court hearings and probation appointments.
(vi) Court-ordered community service.
(vii) An educational institution at which the individual is enrolled as a student.
(viii) A place of regularly
occurring medical treatment for a serious condition or medical emergency for
the individual or a member of the individual’s
household or immediate family.
(ix) Alcohol or drug
testing as ordered by the court.
(x) An ignition interlock
service provider as required.
(xi) At the discretion of
the judge, the custodian of a minor child may drive to and from the facilities
of a provider of day care services at which the custodian’s minor child is
enrolled, or an educational institution at which the custodian’s minor child is
enrolled as a student for the purposes of classes, academic meetings or
conferences, and athletic or other extracurricular activities sanctioned by the
educational institution in which the minor child is a participant. As used in
this subparagraph, “minor child” means an individual who is less than 18 years
of age.
(5) While driving with a restricted license, the individual
shall carry proof of his or her destination and the hours of
any employment, class, or other reason for traveling and shall display that
proof on a peace officer’s request.
(6) Except as otherwise provided in this section, a
restricted license issued under subsection (1) is effective until a hearing
officer orders an unrestricted license under section 322. Subject to subsection
(7), the hearing officer shall not order an unrestricted license until the
later of the following events occurs:
(a) The court notifies the secretary of state that the individual
has successfully completed the DWI/sobriety
court program.
(b) The minimum period of license sanction that would have
been imposed under section 303 or 319 but for this section has been completed.
(c) The individual demonstrates
that he or she has operated with an ignition interlock device for not less than
1 year.
(d) The individual satisfies
the requirements of section 303 and R 257.313 of the Michigan Administrative
Code.
(7) A hearing officer shall not issue an unrestricted license
for at least 1 year if either of the following applies:
(a) The hearing officer determines that the individual
consumed any alcohol during the period that his or her
license was restricted under this section, as determined by breath, blood,
urine, or transdermal testing unless a second test, administered within 5
minutes after administering the first test, showed an absence of alcohol.
(b) The hearing officer determines that the individual
consumed or otherwise used any controlled substance during
the period that his or her license was restricted under this section, except as
lawfully prescribed.
(8) In determining whether to order an unrestricted license
under subsection (6), the successful completion of the DWI/sobriety
court program and a certificate from the DWI/sobriety
court judge must be considered positive evidence of the petitioner’s abstinence
while the petitioner participated in the DWI/sobriety
court program. This subsection does not apply to a determination made under
subsection (7). As used in this subsection, “certificate” includes, but is not
limited to, a statement that the participant has maintained a period of
abstinence from alcohol for not less than 6 months at the time the participant
completed the DWI/sobriety court program.
(9) If the secretary of state receives a notification from
the DWI/sobriety court under section 1084(7) of the
revised judicature act of 1961, 1961 PA 236, MCL 600.1084, the secretary of
state shall summarily impose 1 of the following license sanctions, as
applicable:
(a) Suspension for the full length of time provided under
section 319(8). However, a
restricted license must not be issued as provided under section 319(8). This subdivision applies
if the underlying conviction or convictions would have subjected the individual
to a license sanction under section 319(8) if this section did not
apply.
(b) A license revocation and denial for the full length of
time provided under section 303. The minimum period of license revocation and
denial imposed must be the same as if this section did not apply. This
subdivision applies if the underlying conviction or convictions would have
caused a license revocation and denial under section 303 if this section did
not apply.
(10) After the individual completes
the DWI/sobriety court program, the following apply:
(a) The secretary of state shall postpone considering the issuance
of an unrestricted license under section 322 for a period of 3 months for each
act that would be a minor violation if the individual’s license had been issued under section 322(6). As used in this
subdivision, “minor violation” means that term as defined in R 257.301a of the
Michigan Administrative Code.
(b) The restricted license issued under this section must be
suspended or revoked or denied as provided in subsection (9), unless set aside
under section 322(5), if any of the following events occur:
(i) The individual operates a
motor vehicle without an ignition interlock device that meets the criteria
under subsection (2)(b).
(ii) The individual removes, or causes to be removed, an ignition interlock
device from a vehicle he or she owns or operates unless the secretary of state
has authorized its removal under section 322a.
(iii) The individual commits any other act that would be a major violation if the individual’s
license had been issued under section 322(6). As used in this
subparagraph, “major violation” means that term as defined in R 257.301a
of the Michigan Administrative Code.
(iv) The individual is arrested for a violation of any of the following:
(A) Section 625.
(B) A local ordinance of this state or another state that
substantially corresponds to section
625.
(C) A law of the United States that substantially corresponds to section
625.
(c) If the individual is
convicted of or found responsible for any offense that requires the suspension,
revocation, denial, or cancellation of the individual’s operator’s or chauffeur’s license, the restricted license
issued under this section must be suspended until the requisite period of
license suspension, revocation, denial, or cancellation, as appropriate, has
elapsed.
(d) If the individual has failed
to pay any court-ordered fines or costs that resulted from the operation of a
vehicle, the restricted license issued under this section must be suspended
pending payment of those fines and costs.
(11) All driver responsibility fees required to be assessed
by the secretary of state under section 732a for the conviction or convictions
that led to the restricted license under this section must be held in abeyance
as follows:
(a) The fees must be held in abeyance during the time the individual
has a restricted license under this section and is
participating in the DWI/sobriety court program.
(b) Except as otherwise provided in this subdivision, at the
end of the individual’s participation in the DWI/sobriety court program, the driver responsibility fees
must be assessed and paid under the payment schedule described in section 732a.
If the individual’s participation in the DWI/sobriety court program is completed on or after October
1, 2018, the driver responsibility fees are waived and must not be collected.
(12) The vehicle of an individual admitted to the DWI/sobriety court program whose vehicle would otherwise be
subject to immobilization or forfeiture under this act is exempt from both
immobilization and forfeiture under sections 625n and 904d if both of the
following apply:
(a) The individual is a DWI/sobriety court program participant in good standing or
the individual successfully
satisfactorily completes the DWI/sobriety court program.
(b) The individual does not
subsequently violate a law of this state for which vehicle immobilization or
forfeiture is a sanction.
(13) This section only applies to individuals arrested for a
violation of section 625 on or after January 1, 2011.
(14) As used in this section:
(a) “DWI/sobriety court” means that
term as defined in section 1084 of the revised judicature act of 1961, 1961 PA
236, MCL 600.1084. Beginning January 1, 2018, DWI/sobriety
court includes only a DWI/sobriety court that is certified
by the state court administrative office as provided in section 1084(3) of the
revised judicature act of 1961, 1961 PA 236, MCL 600.1084.
(b) “DWI/sobriety court program”
means “program” as that term is defined in section 1084 of the revised judicature
act of 1961, 1961 PA 236, MCL 600.1084.
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 part 383.
(e) If the
individual is applying for a hazardous materials endorsement, he or she has
been approved for the hazardous materials endorsement by the 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 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 1 year from the date of issuance.
(4) Notwithstanding
subsection (3), a commercial learner’s permit issued under this section that
expires on or after March 1, 2020 is valid until 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 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 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 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:
“NOTICE: Michigan law requires that the same address |
be used for voter registration and driver license |
purposes. Therefore, if the residence address |
you provide in this application differs from your |
voter registration address as it appears on the |
qualified voter file, the secretary of state |
will automatically change your voter registration |
to match the residence address on this application, |
after which your voter registration at your former |
address will no longer be valid for voting purposes. |
A new voter registration card, containing the |
information of your polling place, will be provided |
to you by the clerk of the jurisdiction where your |
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 a vehicle group designation and a hazardous
material indorsement 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. 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, 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 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).
(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) or an individual who does not
respond to an inquiry under subsection (4)(a).
(7) If
an application is received from 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 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 individual’s
identity, may require proof of
Michigan domicile under 49 CFR 383.5, and may verify the 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 individual’s Michigan driving record. If 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 individual’s identity, may require proof of
Michigan domicile under 49 CFR 383.5, and may verify the individual’s proof of citizenship or lawful
permanent residency under 49 CFR 383.71 and 383.73, if that information is not
on the individual’s Michigan
driving record. If an individual applies
for an upgrade of a vehicle group designation or indorsement, the secretary of
state may verify the individual’s identity, may require proof of Michigan domicile under 49 CFR
383.5, and may verify the individual’s proof of citizenship or lawful permanent residency under 49 CFR
383.71 and 383.73, if that information is not on the individual’s Michigan driving record. The
secretary of state shall request the 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 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) 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 individual is no longer determined to be
legally present under this section by mail 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 individual
is 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 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 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 an individual’s Social
Security number on the 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 license or a chauffeur’s license to an
individual holding an operator’s
license or chauffeur’s license issued by another state without confirmation
that the 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. 317. (1) The secretary of state may suspend,
deny, or revoke the right of a nonresident to operate a motor vehicle in this
state for a cause for which the license of a resident driver may be suspended,
denied, or revoked. A nonresident who drives a motor vehicle on a highway when
the privilege to drive has been suspended, revoked, or denied by the secretary
of state is guilty of a misdemeanor punishable as provided in section 904.
(2)
The
secretary of state, on receiving a record of the conviction, civil infraction
determination, suspension, revocation, or forfeiture of bail in this state of a
nonresident of a violation the record of which is required to be maintained
under section 204a, shall forward a certified copy of the record to the motor
vehicle administrator or other appropriate officer in the state in which the individual
is a
resident.
(3)
Within 10
days after an appeal is completed or the appeal period has expired if an appeal
is not made in a conviction, civil infraction determination, or bond forfeiture
entered against a nonresident in this state for a violation committed while
operating a commercial motor vehicle or any violation for a commercial driver
license holder regardless of vehicle type, except a parking violation, the
secretary of state shall notify the motor vehicle administration or other
appropriate officer of the state where the nonresident is licensed of that
conviction, determination, or forfeiture.
(4) If the secretary of state suspends, revokes, cancels, or denies the driving privileges of a nonresident for 60 days or more and that nonresident is licensed by another state to operate a commercial motor vehicle, the secretary of state shall, within 10 days after the effective date of the suspension, revocation, cancellation, or denial, forward a notification about that suspension, revocation, cancellation, or denial to the motor vehicle administrator or other appropriate officer of the state where the nonresident is licensed to operate a motor vehicle. A notice given under this subsection must include both the denial, if any, and the violation that caused the suspension, revocation, cancellation, or denial of the nonresident’s driving privileges.
Sec. 319. (1) The
secretary of state shall immediately suspend an individual’s license as provided in this section on receiving a record of
the individual’s conviction for a crime
described in this section, whether the conviction is under a law of this state,
a local ordinance that substantially corresponds
to a law of this state, a law of another state that substantially corresponds to a law
of this state, or, beginning October 31, 2010, a law of the United States that
substantially corresponds to a law
of this state.
(2) The secretary of state shall suspend the individual’s
license for 1 year for any of the following crimes:
(a) Fraudulently altering or forging documents pertaining
to motor vehicles in violation of section 257.
(b) A violation of section
413 of the Michigan penal code, 1931 PA 328, MCL 750.413.
(c)
A felony in which a motor vehicle was used. As used in this
section, “felony in which a motor vehicle was used” means a felony during the
commission of which the individual convicted
operated a motor vehicle and while operating the vehicle presented real or
potential harm to individuals or property and 1 or
more of the following circumstances existed:
(i) The vehicle was used as an instrument of the felony.
(ii) The vehicle was used
to transport a victim of the felony.
(iii) The vehicle was used
to flee the scene of the felony.
(iv) The vehicle was
necessary for the commission of the felony.
(d)
A violation of section 602a(2) or (3) or section 479a(2) or
(3) of the Michigan penal code, 1931 PA 328, MCL 750.479a.
(e)
Beginning October 31, 2010, a violation of section 601d.
(3) The secretary of state shall suspend the individual’s
license for 90 days for any of the following crimes:
(a) Failing to stop and disclose identity at the scene of an
accident resulting in injury in violation of section 617a.
(b) A violation of section 601b(2), section 601c(1), section
653a(3), section 626 before October 31, 2010, or, beginning October 31, 2010,
section 626(2).
(c) Malicious destruction resulting from the operation of a
vehicle under section 382(1)(b), (c), or (d) of the Michigan penal code, 1931
PA 328, MCL 750.382.
(4) The secretary of state shall suspend the individual’s
license for 30 days for malicious destruction
resulting from the operation of a vehicle under section 382(1)(a) of the
Michigan penal code, 1931 PA 328, MCL 750.382.
(5) For perjury or making a false certification to the
secretary of state under any law requiring the registration of a motor vehicle
or regulating the operation of a vehicle on a highway, or for conduct
prohibited under section 324(1) or a local ordinance that substantially corresponds to
section 324(1), the secretary of state shall suspend the individual’s license as follows:
(a) If the individual has
no prior conviction for an offense described in this subsection within 7 years,
for 90 days.
(b) If the individual has
1 or more prior convictions for an offense described in this subsection within
7 years, for 1 year.
(6) For a violation of section 414 of the Michigan penal
code, 1931 PA 328, MCL 750.414, the secretary of state shall suspend the individual’s
license as follows:
(a) If the individual has
no prior conviction for that offense within 7 years, for 90 days.
(b) If the individual has
1 or more prior convictions for that offense within 7 years, for 1 year.
(7) For a violation of section 624a or 624b, the secretary of state shall suspend the individual’s
license as follows:
(a) If the individual
has 1 prior conviction for an offense described in
section 624a or 624b, for 90 days. The
secretary of state may issue the individual a
restricted license after the first 30 days of suspension.
(b) If the individual
has 2 or more prior convictions for an offense described
in section 624a or 624b, for 1 year. The
secretary of state may issue the individual a
restricted license after the first 60 days of suspension.
(8) The secretary of state
shall suspend the individual’s license for a violation
of section 625 or 625m as follows:
(a) For 180 days for a violation of section 625(1) or (8)
before October 31, 2010 or, beginning October 31, 2010, section 625(1)(a) or
(b) or (8) if the individual has no prior convictions
within 7 years. The secretary of state may issue the individual a restricted license during a specified portion of the
suspension, except that the secretary of state shall not issue a restricted
license during the first 30 days of suspension.
(b) For 90 days for a violation of section 625(3) if the individual
has no prior convictions within 7 years. However, if the individual
is convicted of a violation of section 625(3), for operating
a vehicle when, due to the consumption of a controlled substance or a
combination of alcoholic liquor and a controlled substance, the individual’s
ability to operate the vehicle was visibly impaired, the
secretary of state shall suspend the individual’s license under this subdivision for 180 days. The secretary of
state may issue the individual a restricted license
during all or a specified portion of the suspension.
(c) For 30 days for a violation of section 625(6) if the individual
has no prior convictions within 7 years. The secretary of
state may issue the individual a restricted license
during all or a specified portion of the suspension.
(d) For 90 days for a violation of section 625(6) if the individual
has 1 or more prior convictions for that offense within 7
years.
(e) For 180 days for a violation of section 625(7) if the individual
has no prior convictions within 7 years. The secretary of
state may issue the individual a restricted license
after the first 90 days of suspension.
(f) For 90 days for a violation of section 625m if the individual
has no prior convictions within 7 years. The secretary of
state may issue the individual a restricted license
during all or a specified portion of the suspension.
(g) Beginning October 31, 2010, for 1 year for a violation of
section 625(1)(c) if the individual has no
prior convictions within 7 years or not more than 2 convictions within 10
years. The secretary of state may issue the individual a restricted license, except that the secretary of state
shall not issue a restricted license during the first 45 days of suspension.
(h) Beginning October 31, 2010, the department shall order an
individual convicted of violating section 625(1)(c)
not to operate a motor vehicle under a restricted license issued under
subdivision (g) unless the vehicle is equipped with an ignition interlock
device approved, certified, and installed as required under sections 625k and
625l. The ignition interlock device may be removed after the
interlock device provider provides the department with verification that the individual
has operated the vehicle with no instances of reaching or
exceeding a blood alcohol level of 0.025 grams per 210 liters of breath. This
subdivision does not prohibit the removal of the ignition interlock device for
any of the following:
(i) A start-up test failure that occurs within the first 2
months after installation of the device. As used in this subdivision, “start-up
test failure” means that the ignition interlock device has prevented the motor
vehicle from being started. Multiple unsuccessful attempts at 1 time to start
the vehicle are treated as 1 start-up test failure only under this
subparagraph.
(ii) A start-up test
failure occurring more than 2 months after installation of the device, if not
more than 15 minutes after detecting the start-up test failure the individual
delivers a breath sample that the ignition interlock device
analyzes as having an alcohol level of less than 0.025 grams per 210 liters of
breath.
(iii) A retest prompted by
the device, if not more than 5 minutes after detecting the retest failure the individual
delivers a breath sample that the ignition interlock device
analyzes as having an alcohol level of less than 0.025 grams per 210
liters of breath.
(i) Beginning October 31, 2010, if
an individual violates the conditions of the restricted license issued under
subdivision (g) or operates or attempts to operate a motor vehicle with a blood
alcohol level of 0.025 grams per 210 liters of breath, the secretary of state
shall impose an additional like period of suspension and restriction as
prescribed under subdivision (g). This subdivision does not require an
additional like period of suspension and restriction for any of the following:
(i) A start-up test failure within the first 2 months after
installation of the ignition interlock device. As used in this subdivision, “start-up
test failure” means that the ignition interlock device has prevented the motor
vehicle from being started. Multiple unsuccessful attempts at 1 time to start
the vehicle are treated as 1 start-up test failure only under this
subparagraph.
(ii) A start-up test
failure occurring more than 2 months after installation of the device, if not
more than 15 minutes after detecting the start-up test failure the individual
delivers a breath sample that the ignition interlock device
analyzes as having an alcohol level of less than 0.025 grams per 210 liters of
breath.
(iii) Any retest prompted by
the device, if not more than 5 minutes after detecting the retest failure the individual
delivers a breath sample that the ignition interlock device
analyzes as having an alcohol level of less than 0.025 grams per 210 liters of
breath.
(9) For a violation of section 367c of the Michigan penal
code, 1931 PA 328, MCL 750.367c, the secretary of state shall suspend the individual’s
license as follows:
(a) If the individual has
no prior conviction for an offense described in this subsection within 7 years,
for 6 months.
(b) If the individual has
1 or more convictions for an offense described in this subsection within 7
years, for 1 year.
(10) For a violation of section 315(4), the secretary of
state may suspend the individual’s license for
6 months.
(11)
Except as provided in subsection (13), a suspension under this section must be imposed notwithstanding a court order unless the court
order complies with section 323.
(12)
If the secretary of state receives records of more than 1
conviction of an individual that results from the
same incident, a suspension must be imposed only for the
violation to which the longest period of suspension applies under this section.
(13)
The secretary of state may waive a restriction, suspension,
or revocation of an individual’s license imposed under
this act if the individual submits proof that a
court in another state revoked, suspended, or restricted his or her license for
a period equal to or greater than the period of a restriction, suspension, or
revocation prescribed under this act for the violation and that the revocation,
suspension, or restriction was served for the violation, or may grant a
restricted license.
(14)
The secretary of state shall not issue a restricted license
to an individual whose license is
suspended under this section unless a restricted license is authorized under
this section and the individual is otherwise eligible
for a license.
(15)
The secretary of state shall not issue a restricted license
to an individual under subsection (8) that would permit the individual
to operate a commercial motor vehicle.
(16)
Except as provided in subsection (15), a restricted license issued under this section must permit the individual to whom it
is issued to take any driving skills test required by the secretary of state
and to operate a vehicle under 1 or more of the following circumstances:
(a) In the course of the individual’s employment or occupation.
(b) To and from any combination of the following:
(i) The individual’s residence.
(ii) The individual’s
work location.
(iii) An alcohol or drug
education or treatment program as ordered by the court.
(iv) The court probation
department.
(v) A court-ordered
community service program.
(vi) An educational
institution at which the individual is
enrolled as a student.
(vii) A place of regularly
occurring medical treatment for a serious condition for the individual or a member of the individual’s household or immediate family.
(viii) An ignition interlock
service provider as required.
(17)
While driving with a restricted license, the individual
shall carry proof of his or her destination and the hours of
any employment, class, or other reason for traveling and shall display that proof
on a peace officer’s request.
(18) Subject to subsection (20),
as used in subsection (8), “prior conviction” means a conviction for any of the
following, whether under a law of this state, a local ordinance that substantially corresponds to a law
of this state, or a law of another state that substantially
corresponds to a law of this state:
(a) Except as provided
in subsection (19), a violation or attempted
violation of any of the following:
(i) Section 625, except a violation of section 625(2), or a
violation of any prior enactment of section 625 in which the defendant operated
a vehicle while under the influence of intoxicating or alcoholic liquor or a
controlled substance, or a combination of intoxicating or alcoholic liquor and
a controlled substance, or while visibly impaired, or with an unlawful bodily
alcohol content.
(ii) Section 625m.
(iii) Former section 625b.
(b) Negligent homicide,
manslaughter, or murder that results from the
operation of a vehicle or an attempt to commit any of those crimes.
(c) Beginning October
31, 2010, a violation of section 601d or section 626(3) or (4).
(19) Except for purposes of
the suspensions described in subsection (8)(c)
and (d), only 1 violation or attempted violation
of section 625(6), a local ordinance that substantially
corresponds to section 625(6), or a law of
another state that substantially corresponds
to section 625(6) may be used as a prior conviction.
(20) If 2 or more convictions
described in subsection (18) are convictions for
violations arising out of the same transaction, only 1 conviction must be used to determine whether the individual has a prior conviction.
(21) Any period of suspension
or restriction required under this section is not subject to appeal to the
secretary of state.
Sec. 320e. (1) Except as
otherwise provided in subsection (2) or (3), an
individual whose operator’s or chauffeur’s
license is suspended, revoked, or restricted under section 303, 319, 320, 324, 625, 625b, 625f, 732a, or 904
shall pay a license reinstatement fee of $125.00 to the secretary of state
before a license is issued or returned to the individual. The increase in the reinstatement fee from $60.00 to $125.00 must
be imposed for a license that is issued or returned on or
after October 1, 1991 regardless of when the license was suspended, revoked, or
restricted. Of the increase in the reinstatement fee from $60.00 to $125.00,
$25.00 must be allocated to the department of
state, $10.00 must be deposited by the
department of treasury in the drunk driving prevention equipment and training
fund created under section 625h(1), and $30.00 must be deposited by the department of treasury in the drunk
driving caseflow assistance fund created under
section 625h(5). The fee must be waived if the license
was suspended or restricted because of the individual’s mental or physical infirmity or disability.
(2) An individual whose operator’s or chauffeur’s license is suspended,
revoked, or restricted under section 319(7)
shall pay a license reinstatement fee of $125.00 to the secretary of state
before a license is issued or returned to the individual. The fee must be waived if
the license was suspended or restricted because of the individual’s mental or physical infirmity or disability.
(3) Except as provided in subsection (4), an individual whose operator’s or chauffeur’s license is suspended as
provided in section 321c shall pay a license reinstatement fee of $85.00 to the
secretary of state before a license is issued or returned to the person. The
fee shall be deposited in the state general fund and shall be used to defray
the expenses of the secretary of state in processing the suspension and
reinstatement of driver licenses under this section.
(4) Beginning on the effective date of the 2020 amendatory act that added this subsection, the secretary of state shall waive the reinstatement fee for an individual whose operator’s or chauffeur’s license was suspended, revoked, or restricted for reasons that are no longer eligible for the suspension, revocation, or restriction of an operator’s or chauffeur’s license under this act. The secretary of state shall immediately reinstate an operator’s or chauffeur’s license that was suspended, revoked, or restricted for reasons that are no longer eligible under this act.
(5) The secretary of state shall assess points and take licensing
action, including suspending, revoking, or denying a license under this act,
according to the law in effect at the time of the conspiracy to commit the
offense or at the time the offense was committed or attempted or the civil
infraction occurred. If 1 or more of the convictions involved in a licensing
sanction is a violation or attempted violation of this act committed or
attempted after January 1, 1992, the secretary of state shall apply the law in
effect after January 1, 1992.
(6) Judicial review of an administrative licensing sanction under
section 303 must be governed by the law
in effect at the time the offense was committed or attempted. If 1 or more of
the convictions involved in an administrative licensing sanction is a violation
or attempted violation of this act committed or attempted after January 1, 1992,
judicial review of that sanction must be
governed by the law in effect after January 1, 1992.
Sec. 321a. (1) Except as provided in subsection (2), 28 days or more after an individual fails to answer a citation, or a notice to appear in court
for a violation for which license suspension is allowed under this act or a local ordinance that substantially
corresponds to a violation for which
license suspension is allowed under this act, or
fails to comply with an order or judgment of the court for a violation
for which license suspension is allowed under this act, including, but not limited to, paying all fines, costs, fees, and
assessments, the court shall give notice by mail at the last known address of
the individual that if the individual fails to appear or fails to comply with the order or
judgment within 14 days after the notice is issued, the secretary of state
shall suspend the individual’s operator’s or
chauffeur’s license. If the individual fails
to appear or fails to comply with the order or judgment within the 14-day
period, the court shall, within 14 days, inform the secretary of state, who
shall immediately suspend the license of the individual. The secretary of state shall immediately notify the individual
of the suspension by regular mail at the individual’s
last known address.
(2) If an individual is charged with, or convicted of, a violation of section 625, section 626, any driving violation under this act that causes injury, death, or serious impairment of a body function of another individual, a serious offense involving a motor vehicle, or a local ordinance that substantially corresponds to section 625(1), (2), (3), (6), or (8) or 626, and the individual fails to answer a citation or a notice to appear in court, or a notice to appear for any matter pending, or fails to comply with an order or judgment of the court, including, but not limited to, paying all fines, costs, and crime victim rights assessments, the court shall immediately give notice by first-class mail sent to the individual’s last known address that if the individual fails to appear within 7 days after the notice is issued, or fails to comply with the order or judgment of the court, including, but not limited to, paying all fines, costs, and crime victim rights assessments, within 14 days after the notice is issued, the secretary of state shall suspend the individual’s operator’s or chauffeur’s license. If the individual fails to appear within the 7-day period, or fails to comply with the order or judgment of the court, including, but not limited to, paying all fines, costs, and crime victim rights assessments, within the 14-day period, the court shall immediately inform the secretary of state who shall immediately suspend the individual’s operator’s or chauffeur’s license and notify the individual of the suspension by first-class mail sent to the individual’s last known address.
(3)
A suspension imposed under subsection (1) or
(2) remains in effect until both of the following
occur:
(a) The secretary of state is notified by each court in
which the individual failed to answer a
citation or notice to appear or failed to pay a fine or cost that the individual
has answered that citation or notice to appear or
paid that fine or cost.
(b) The individual has
paid to the court a $45.00 driver license clearance fee for each failure to
answer a citation or failure to pay a fine or cost.
(4)
For the purposes of subsection (3)(a), the court shall give to the individual a copy of the information being transmitted to the
secretary of state. Upon showing that copy, the individual must not be arrested or issued a citation for driving on a
suspended license, on an expired license, or without a license on the basis of
any matter resolved under subsection (3)(a), even
if the information being sent to the secretary of state has not yet been
received or recorded by the department.
(5)
For each fee received under subsection (3)(b),
the court shall transmit the following amounts on a
monthly basis:
(a) Fifteen dollars to the secretary of state. The money
received by the secretary of state under this
subdivision must be deposited in the state general fund and must be used to defray the expenses of the secretary of state in
processing the suspension and reinstatement of driver licenses under this section.
(b) Fifteen dollars to 1 of the following, as applicable:
(i) If the matter is before
the circuit court, to the treasurer of the county for deposit in the general
fund.
(ii) If the matter is before the district court, to
the treasurer of the district funding unit for that court, for deposit in the
general fund. As used in this section, “district funding unit” means that term
as defined in section 8104 of the revised judicature act of 1961, 1961 PA
236, MCL 600.8104.
(iii) If the matter is before a municipal court, to
the treasurer of the city in which the municipal court is located, for deposit
in the general fund.
(c) Fifteen dollars to the juror compensation reimbursement
fund created in section 151d of the revised judicature act of 1961, 1961 PA
236, MCL 600.151d.
(6)
The secretary of state shall immediately suspend the operator’s and chauffeur’s
license of an individual licensed to operate a
commercial motor vehicle, or an individual who
operates a commercial motor vehicle without a license to operate that vehicle,
if the individual fails to answer an
out-state citation, or a notice to appear in a court or an authorized
administrative tribunal for a violation reportable to the secretary of state
under section 732, or fails to comply with an order or judgment of an
out-state court or an authorized administrative tribunal reportable to the
secretary of state under section 732, or fails to appear or fails to comply
with the out-state court or an authorized administrative tribunal order or
judgment reportable to the secretary of state under section 732, including, but
not limited to, paying all fines, costs, fees, and assessments. For a
suspension imposed under this subsection, the secretary of state shall
immediately notify the individual of the
suspension by regular mail at the individual’s last known
address.
(7)
A suspension imposed under subsection (6) remains in effect until the secretary of state is notified by
the court or authorized administrative tribunal of the other state in which the
individual failed to answer a citation, or
notice to appear, or failed to pay a fine or cost, that the individual has answered that citation or notice to appear or has paid
the fine or cost.
(8)
The secretary of state shall not suspend the individual’s
license under subsection (6) if the individual
fails to appear in response to a citation issued for, or
fails to comply with an order or judgment involving, the parking or standing of
a vehicle.
(9) The secretary of state, on being informed of the failure of an individual to appear or comply as provided in subsection (6), shall not issue a license to the individual or renew a license for the individual until the court or authorized administrative tribunal of the other state informs the secretary of state that the individual has resolved all outstanding matters regarding the notices, orders, or citations.
(10) As used in this section, “a serious offense involving a motor vehicle” means a felony or misdemeanor punishable by at least 93 days in jail, during the commission of which the individual operated a motor vehicle in a manner that presented real or potential harm to a person or property and 1 or more of the following circumstances apply to the offense:
(a) The motor vehicle was used as an instrument of the offense.
(b) The motor vehicle was used to transport a victim of the offense.
(c) The motor vehicle was used to flee the scene of the offense.
(d) The motor vehicle was necessary for the commission of the offense.
Sec. 328. (1) The owner
of a motor vehicle who operates or permits the operation of the motor vehicle on
the highways of this state or the operator of the motor
vehicle shall produce, under subsection (2), on the
request of a police officer, evidence that the motor vehicle is insured under
chapter 31 of the insurance code of 1956, 1956 PA 218, MCL 500.3101 to
500.3179. Subject to section 907(14), an owner
or operator of a motor vehicle who fails to produce evidence of insurance on
request under this subsection or who fails to have motor
vehicle insurance for the vehicle as required under chapter 31 of the insurance
code of 1956, 1956 PA 218, MCL 500.3101 to 500.3179, is responsible for a civil
infraction. If an individual displays an electronic
copy of his or her certificate of insurance using an electronic device, the
police officer shall only view the electronic copy of the certificate of
insurance and shall not manipulate the electronic device to view any other
information on the electronic device. An individual who displays an electronic copy of his or her certificate of
insurance using an electronic device as provided in this subsection is not presumed to have consented to a search of the electronic
device. A police officer may require the individual to electronically forward the electronic copy of the
certificate of insurance to a specified location provided by the police
officer. The police officer may then view the electronic copy of the
certificate of insurance in a setting in which it is safe for the officer to
verify that the information contained in the electronic copy of the certificate
of insurance is valid and accurate. This state, a law enforcement agency, or an
employee of this state or a law enforcement agency is not liable for damage to
or loss of an electronic device that occurs as a result of a police officer’s
viewing an electronic copy of a certificate of insurance in the manner provided
in this section, regardless of whether the police officer or the owner or
operator of the vehicle was in possession of the electronic device at the time
the damage or loss occurred.
(2) A certificate of insurance, in paper or electronic form
and issued by an insurance company, that certifies that the security that meets
the requirements of sections 3101 and 3102 of the insurance code of 1956, 1956
PA 218, MCL 500.3101 and 500.3102, is in force is prima facie evidence
that insurance is in force for the motor vehicle described in the certificate
of insurance until the expiration date shown on the certificate. The
certificate, in addition to describing the motor vehicles for which insurance
is in effect, must, if applicable, state the name of each individual named on the policy, policy declaration, or a declaration
certificate whose operation of the vehicle would cause the liability coverage
of that insurance to become void.
(3) If, before the appearance date on a citation issued under
subsection (1), the defendant submits proof to the court that the motor vehicle
had insurance meeting the requirements of sections 3101 and 3102 of the
insurance code of 1956, 1956 PA 218, MCL 500.3101 and 500.3102, at the time the
violation of subsection (1) occurred, all of the following apply:
(a) The court shall not assess a fine or costs.
(b) The court shall not forward an abstract of the court
record to the secretary of state.
(c) The court may assess a fee of not more than $25.00
that shall be paid to the court funding unit.
(4) If an owner or operator of a motor vehicle is
determined to be responsible for a violation of subsection (1), the court in
which the civil infraction determination is entered may require the individual
to surrender his or her operator’s or chauffeur’s
license unless proof that the vehicle has insurance that meets the requirements of sections 3101 and 3102 of the insurance
code of 1956, 1956 PA 218, MCL 500.3101 and 500.3102, is submitted to the
court. If the court requires the license to be surrendered, the court shall
order the secretary of state to suspend the individual’s license. The court shall immediately destroy the license
and shall forward an abstract of the court record to the secretary of state as
required by section 732. On receipt of the
abstract, the secretary of state shall suspend the individual’s license beginning with the date on which the individual
is determined to be responsible for the civil
infraction for a period of 30 days or until proof of insurance that
meets the requirements of sections 3101 and 3102
of the insurance code of 1956, 1956 PA 218, MCL 500.3101 and 500.3102, is
submitted to the secretary of state, whichever occurs later. An
individual who submits proof of insurance to the
secretary of state under this subsection shall pay a service fee of $25.00 to
the secretary of state. The individual shall
not be required to be examined under section 320c and shall not be required to
pay a replacement license fee.
(5) If an owner or operator
of a motor vehicle is determined to be responsible for a violation of
subsection (1), the court in which the civil infraction determination is
entered shall notify the secretary of state of the vehicle registration number
and the year and make of the motor vehicle being operated at the time of the
violation. A notification under this subsection must be made on the abstract or on a form approved by the supreme
court administrator. On receipt, the secretary
of state shall immediately enter this information in the records of the
department. The secretary of state shall not renew, transfer, or replace the
registration plate of the vehicle involved in the violation or allow the
purchase of a new registration plate for the vehicle involved in the violation
until the owner meets the requirements of section 227a or unless the vehicle
involved in the violation is transferred or sold to a person other than the
owner’s spouse, mother, father, sister, brother, or child.
(6) An owner or operator of
a motor vehicle who knowingly produces false evidence under this section is
guilty of a misdemeanor punishable by imprisonment
for not more than 1 year or a fine of not more
than $1,000.00, or both.
(7) Points must not be entered on a driver’s record under section 320a for a
violation of this section.
(8) This section does not
apply to the owner or operator of a motor vehicle that is registered in a state
other than this state or a foreign country or province.
Enacting section 1. Section 319e of the Michigan vehicle code, 1949 PA 300, MCL 257.319e, is repealed.
Enacting section 2. This amendatory act takes effect October 1, 2021.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor