Bill Text: MI HB5936 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Traffic control; driver license; driving skills test required to obtain a commercial driver license; allow waiver for certain military personnel and provide for the cancellation of certain licenses and retesting of certain applicants. Amends sec. 312f of 1949 PA 300 (MCL 257.312f).
Spectrum: Moderate Partisan Bill (Republican 52-6)
Status: (Passed) 2012-12-31 - Assigned Pa 473'12 2012 Addenda [HB5936 Detail]
Download: Michigan-2011-HB5936-Engrossed.html
HB-5936, As Passed Senate, December 13, 2012
SUBSTITUTE FOR
HOUSE BILL NO. 5936
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 312f (MCL 257.312f), as amended by 2011 PA 159.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 312f. (1) Except as otherwise provided in this section, a
person shall be not less than 18 years of age before he or she is
issued a vehicle group designation or indorsement, other than a
motorcycle indorsement, or not less than 21 years of age and has
been approved by the transportation security administration for a
hazardous material endorsement before he or she is issued a
hazardous material indorsement on an operator's or chauffeur's
license and, as provided in this section, the person shall pass
knowledge and driving skills tests that comply with minimum federal
standards prescribed in 49 CFR part 383. A person who is 18 years
of age or older operating a vehicle to be used for farming purposes
only may obtain an A or B vehicle group designation or an F vehicle
indorsement. Each written examination given an applicant for a
vehicle group designation or indorsement shall include subjects
designed to cover the type or general class of vehicle to be
operated.
A Except as follows, a person shall pass an examination
that includes a driving skills test designed to test competency of
the applicant for an original vehicle group designation and
passenger indorsement on an operator's or chauffeur's license to
drive that type or general class of vehicle upon the highways of
this
state with safety to persons and property: .
(a) The secretary of state shall waive the driving skills test
for a person operating a vehicle that is used under the conditions
described in section 312e(8)(a) to (d) unless the vehicle has a
gross vehicle weight rating of 26,001 pounds or more on the power
unit and is to be used to carry hazardous materials on which a
placard is required under 49 CFR parts 100 to 199.
(b) The driving skills test may be waived if the applicant has
a valid license with the appropriate vehicle group designation,
passenger vehicle indorsement, or school bus indorsement in another
state issued in compliance with 49 USC 31301 to 31317.
(c) The secretary of state may waive the driving skills test
required under this section for a person with military commercial
motor vehicle experience if the person, at the time of application,
certifies and provides evidence satisfactory to the secretary of
state that he or she continuously met all of the requirements under
49 CFR 383 during the 2-year period immediately preceding the date
of application for the commercial driver license.
(2) Except for a person who has held an operator's or
chauffeur's license for less than 1 year, the secretary of state
shall waive the knowledge test and the driving skills test and
issue a 1-year seasonal restricted vehicle group designation to an
otherwise qualified applicant to operate a group B or a group C
vehicle for a farm related service industry if all of the following
conditions are met:
(a) The applicant meets the requirements of 49 CFR 383.77.
(b) The seasons for which the seasonal restricted vehicle
group designation is issued are from April 2 to June 30 and from
September 2 to November 30 only of a 12-month period or, at the
option of the applicant, for not more than 180 days from the date
of issuance in a 12-month period.
(c) The commercial motor vehicle for which the seasonal
restricted vehicle group designation is issued shall be operated
only if all the following conditions are met:
(i) The commercial motor vehicle is operated only on routes
within 150 miles from the place of business to the farm or farms
being served.
(ii) The commercial motor vehicle does not transport a quantity
of hazardous materials on which a placard under 49 CFR parts 100 to
199 is required except for the following:
(A) Diesel motor fuel in quantities of 1,000 gallons or less.
(B) Liquid fertilizers in quantities of 3,000 gallons or less.
(C) Solid fertilizers that are not transported with any
organic substance.
(iii) The commercial motor vehicle does not require the H, N, P,
S, T, or X vehicle indorsement.
(3) A seasonal restricted vehicle group designation under this
section shall be issued, suspended, revoked, canceled, denied, or
renewed in accordance with this act.
(4) The secretary of state may enter into an agreement with
another public or private corporation or agency to conduct a
driving skills test required under this section, section 312e, or
49 CFR part 383. Before the secretary of state authorizes a person
to administer a corporation's or agency's driver skills testing
operations or authorizes an examiner to conduct a driving skills
test, that person or examiner must complete both a state and
federal bureau of investigation fingerprint based criminal history
check through the department of state police.
(5) The secretary of state shall not issue a commercial
learner's permit, a vehicle group designation, or a vehicle
indorsement to an applicant for an original vehicle group
designation or vehicle indorsement under section 312e or may cancel
a commercial learner's permit or all vehicle group designations or
endorsements on a person's operator's or chauffeur's license to
whom 1 or more of the following apply:
(a) The applicant has had his or her license suspended or
revoked for a reason other than as provided in section 321a, 515,
732a, or 801c or section 30 of the support and parenting time
enforcement act, 1982 PA 295, MCL 552.630, in the 36 months
immediately preceding application. However, a vehicle group
designation may be issued if the suspension or revocation was due
to a temporary medical condition or failure to appear at a
reexamination as provided in section 320.
(b) The applicant was convicted of or incurred a bond
forfeiture in relation to a 6-point violation as provided in
section 320a in the 24 months immediately preceding application if
the violation occurred while the applicant was operating a
commercial motor vehicle, or a violation of section 625(3) or
former section 625b, or a local ordinance substantially
corresponding to section 625(3) or former section 625b in the 24
months immediately preceding application, if the applicant was
operating any type of motor vehicle.
(c) The applicant is listed on the national driver register,
the commercial driver license information system, or the driving
records of the state in which the applicant was previously licensed
as being disqualified from operating a commercial motor vehicle or
as having a license or driving privilege suspended, revoked,
canceled, or denied.
(d) The applicant is listed on the national driver register,
the commercial driver license information system, or the driving
records of the state in which the applicant was previously licensed
as having had a license suspended, revoked, or canceled in the 36
months immediately preceding application if a suspension or
revocation would have been imposed under this act had the applicant
been licensed in this state in the original instance. This
subdivision does not apply to a suspension or revocation that would
have
been imposed due to a temporary medical condition or pursuant
to
under section 321a, 515, 732a, or 801c or section 30 of
the
support and parenting time enforcement act, 1982 PA 295, MCL
552.630.
(e) The applicant is subject to a suspension or revocation
under section 319b or would have been subject to a suspension or
revocation under section 319b if the applicant had been issued a
vehicle group designation or vehicle indorsement.
(f) The applicant has been disqualified from operating a
commercial motor vehicle under 49 USC 31301 to 31317 or the
applicant's license to operate a commercial motor vehicle has been
suspended, revoked, denied, or canceled within 36 months
immediately preceding the date of application.
(g) The United States secretary of transportation has
disqualified the applicant from operating a commercial motor
vehicle.
(h) The applicant fails to satisfy the federal regulations
promulgated under 49 CFR parts 383 and 391 by refusing to certify
the type of commercial motor vehicle operation the applicant
intends to perform and fails to present valid medical certification
to the secretary of state if required to do so.
(i) The applicant has been disqualified from operating a
commercial motor vehicle due to improper or fraudulent testing.
(j) If the secretary of state determines through a
governmental investigation that there is reason to believe that a
commercial driver license or endorsement was issued as a result of
fraudulent or improper conduct in taking a knowledge test or
driving skills test required under 49 CFR 383, the secretary of
state shall require the applicant to retake and successfully pass
that test. The secretary of state shall cancel any commercial
driver license or endorsement issued as a result of the suspect
test unless the applicant retakes and passes that test.
(6) The secretary of state shall not renew or upgrade a
vehicle group designation if 1 or more of the following conditions
exist:
(a) The United States secretary of transportation has
disqualified the applicant from operating a commercial motor
vehicle.
(b) The applicant is listed on the national driver register or
the commercial driver license information system as being
disqualified from operating a commercial motor vehicle or as having
a driver license or driving privilege suspended, revoked, canceled,
or denied.
(c) On or after January 30, 2012, the applicant fails to meet
the requirements of 49 CFR parts 383 and 391 by refusing to certify
the type of commercial motor vehicle operation the applicant
intends to perform and fails to present medical certification to
the secretary of state if required to do so.
(7) The secretary of state shall only consider bond
forfeitures under subsection (5)(b) for violations that occurred on
or after January 1, 1990 when determining the applicability of
subsection (5).
(8) If an applicant for an original vehicle group designation
was previously licensed in another jurisdiction, the secretary of
state shall request a copy of the applicant's driving record from
that jurisdiction. If 1 or more of the conditions described in
subsection (5) exist in that jurisdiction when the secretary of
state receives the copy, the secretary of state shall cancel all
vehicle group designations on the person's operator's or
chauffeur's license.
(9) The secretary of state shall cancel all vehicle group
designations on a person's operator's or chauffeur's license upon
receiving notice from the United States secretary of
transportation, the national driver register, the commercial driver
license system, or another state or jurisdiction that 1 or more of
the conditions described in subsection (5) existed at the time of
the person's application in this state.
(10) The secretary of state shall cancel all vehicle group
designations on the person's operator's or chauffeur's license upon
receiving proper notice that the person no longer meets the federal
driver qualification requirements under 49 CFR parts 383 and 391 to
operate a commercial motor vehicle in interstate or intrastate
commerce, or the person no longer meets the driver qualification
requirements to operate a commercial motor vehicle in intrastate
commerce under the motor carrier safety act of 1963, 1963 PA 181,
MCL 480.11 to 480.25.
(11) Subsection (5)(a), (b), (d), and (f) do not apply to an
applicant for an original vehicle group designation who at the time
of application has a valid license to operate a commercial motor
vehicle issued by any state in compliance with 49 USC 31301 to
31317.
(12) As used in this section, "farm related service industry"
means custom harvesters, farm retail outlets and suppliers, agri-
chemical business, or livestock feeders.
