Bill Text: MI HB6192 | 2019-2020 | 100th Legislature | Enrolled
Bill Title: Traffic control: driver license; Traffic control; driver license; extension of renewal date for certain driver licenses and vehicle registrations; provide for. Amends secs. 216, 226, 255, 301, 306, 306a, 309, 312f, 312k, 314 & 801k of 1949 PA 300 (MCL 257.216 et seq.). TIE BAR WITH: HB 5756'20, HB 5757'20
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2020-10-28 - Assigned Pa 241'20 With Immediate Effect [HB6192 Detail]
Download: Michigan-2019-HB6192-Enrolled.html
state of michigan
100th Legislature
Regular session of 2020
Introduced by Rep. O'Malley
ENROLLED HOUSE BILL No. 6192
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 216, 226, 255, 301, 306, 306a, 309, 312f, 312k, 314, and 801k (MCL 257.216, 257.226, 257.255, 257.301, 257.306, 257.306a, 257.309, 257.312f, 257.312k, 257.314, and 257.801k), sections 216, 226, 255, 301, 306, 306a, 309, 312f, and 314 as amended by 2020 PA 127, sections 312k and 801k as added by 2020 PA 127.
The People of the State of Michigan enact:
(a) A vehicle driven or
moved on a street or highway in conformance with the provisions of this act
relating to manufacturers, transporters, dealers, or nonresidents.
(b) A vehicle that is driven or moved on a street or
highway only for the purpose of crossing that street or highway from 1 property
to another.
(c) An implement of husbandry.
(d) Special mobile equipment. The secretary of state
may issue a special registration to an individual, partnership, corporation, or
association not licensed as a dealer that pays the required fee, to identify
special mobile equipment that is driven or moved on a street or highway.
(e) A vehicle that is propelled exclusively by
electric power obtained from overhead trolley wires though not operated on
rails.
(f) Any vehicle subject to registration, but owned by
the government of the United States.
(g) A certificate of title is not required for a
trailer, semitrailer, or pole trailer that weighs less than 2,500 pounds.
(h) A vehicle driven or moved on a street or highway,
by the most direct route, only for the purpose of securing a scale weight
receipt from a weighmaster for purposes of section 801 or obtaining a vehicle
inspection by a law enforcement agency before titling or registration of that
vehicle.
(i) A certificate of title is not required for a
vehicle owned by a manufacturer or dealer and held for sale or lease, even
though incidentally moved on a street or highway or used for purposes of
testing or demonstration.
(j) A bus or a school bus that is not self-propelled
and is used exclusively as a construction shanty.
(k) A certificate of
title is not required for a moped.
(l) Except as
otherwise provided in subsection (3), for 3
days immediately following the date of a properly assigned title or signed
lease agreement from any person other than a dealer, a registration is not
required for a vehicle driven or moved on a street or highway for the sole
purpose of transporting the vehicle by the most direct route from the place of
purchase or lease to a place of storage if the driver has in his or her
possession the assigned title showing the date of sale or a lease agreement
showing the date of the lease.
(m) A certificate
of registration is not required for a pickup camper, but a certificate of title
is required.
(n) A new motor
vehicle driven or moved on a street or highway only for the purpose of moving
the vehicle from an accident site to a storage location if the vehicle was
being transported on a railroad car or semitrailer that was involved in a
disabling accident.
(o) A boat lift
used for transporting vessels between a marina or a body of water and a place
of inland storage.
(2) Except as otherwise provided in this subsection, a registration issued to a motor vehicle, recreational vehicle, trailer, semitrailer, or pole trailer, when driven or moved on a street or highway, that expires on or after March 1, 2020 is valid until December 11, 2020. If the registration issued to a motor vehicle, recreational vehicle, trailer, semitrailer, or pole trailer, when driven or moved on a street or highway, that is used for commercial purposes expires on or after March 1, 2020, the registration is valid until December 11, 2020.
(3) Notwithstanding any provision of law to the contrary, until December 11, 2020, a properly assigned title or signed lease agreement from any person other than a dealer is considered proof of registration of the vehicle.
Sec. 226. (1)
Except as otherwise provided in subsection (13), a vehicle registration issued
by the secretary of state expires on the owner’s birthday, unless another
expiration date is provided for under this act or unless the registration is
for the following vehicles, in which case registration expires on the last day
of February:
(a) A commercial
vehicle except for a commercial vehicle issued a registration under the
international registration plan or a pickup truck or van owned by an
individual.
(b) Except for a
trailer or semitrailer issued a registration under the international
registration plan, a trailer or semitrailer owned by a business, corporation,
or person other than an individual; or a pole trailer.
(2) Except as
otherwise provided in subsection (13), the expiration date for a registration
issued for a motorcycle is the motorcycle owner’s birthday.
(3) The expiration
date for a registration bearing the letters “SEN” or “REP” is February 1.
(4) In the case of
a vehicle owned by a business, corporation, or an owner other than an
individual, the secretary of state may assign or reassign the expiration date
of the registration.
(5) The secretary
of state shall do all of the following:
(a) After the
October 1 immediately preceding the year designated on the registration, issue
a registration upon application and payment of the proper fee for a commercial
vehicle, other than a pickup or van owned by an individual; or a trailer owned by a business, corporation, or person other than
an individual.
(b) Beginning 60
days before the expiration date assigned on an international registration plan
registration plate, issue a registration under section 801g upon application
and payment of the proper apportioned fee for a commercial vehicle engaged in
interstate commerce.
(c) Beginning 45
days before the owner’s birthday and 120 days before the expiration date
assigned by the secretary of state, issue a registration for a vehicle other
than those designated in subsection (1)(a) or (b). However, if an owner whose
registration period begins 45 days before his or her birthday will be out of
the state during the 45 days immediately preceding expiration of a registration
or for other good cause shown cannot apply for a renewal registration within
the 45-day period, application for a renewal registration may be made not more
than 6 months before expiration.
(6) Except as
otherwise provided in this subsection, the secretary of state, upon application
and payment of the proper fee, shall issue a registration for a vehicle or a
motorcycle to a resident that expires on the owner’s birthday. If the owner’s
next birthday is at least 6 months but not more than 12 months in the future,
the owner shall receive a registration valid until the owner’s next birthday.
If the owner’s next birthday is less than 6 months in the future, the owner
shall receive a registration valid until the owner’s birthday following the
owner’s next birthday. The tax required under this act for a registration
described in this subsection is either of the following:
(a) For an original
registration, the tax must bear the same relationship
to the tax required under section 801 for a 12-month registration as the length
of the registration bears to 12 months.
(b) For a renewal
of a registration, either of the following:
(i) For a registration that is for at least 6 months but not
more than 12 months, the same amount as for 12 months.
(ii) For a renewal of a registration that is for more than 12
months, 2 times the amount for 12 months.
Partial months must
be considered as whole months in the calculation of the required tax and in the
determination of the length of time between the application for a registration
and the owner’s next birthday. The tax required for that registration must be
rounded off to whole dollars as provided in section 801.
(7) A certificate
of title remains valid until canceled by the secretary of state for cause or
upon a transfer of an interest shown on the certificate of title.
(8) The secretary
of state, upon request, shall issue special registration for commercial
vehicles, valid for 6 months after the date of issue, if the full
registration fee exceeds $50.00, on the payment of 1/2 the full registration
fee and a service charge as enumerated in section 802(1).
(9) The secretary
of state may issue a special registration for each of the following:
(a) A new vehicle
purchased or leased outside of this state and delivered in this state to the
purchaser or lessee by the manufacturer of that vehicle for removal to a place
outside of this state, if a certification is made that the vehicle will be
primarily used, stored, and registered outside of this state and will not be
returned to this state by the purchaser or lessee for use or storage.
(b) A vehicle purchased or leased in this state and delivered
to the purchaser or lessee by a dealer or by the owner of the vehicle for
removal to a place outside of this state, if a certification is made that the
vehicle will be primarily used, stored, and registered outside of this state
and will not be returned to this state by the purchaser or lessee for use or
storage.
(10) A special
registration issued under subsection (9) is valid for not more than 30 days
after the date of issuance, and a fee must be collected for each special
registration as provided in section 802(3). The special registration may be in
the form determined by the secretary of state. If a dealer makes a retail sale
or lease of a vehicle to a purchaser or lessee who is qualified and eligible to
obtain a special registration, the dealer shall apply for the special
registration for the purchaser or lessee. If a person other than a dealer sells
or leases a vehicle to a purchaser or lessee who is qualified and eligible to
obtain a special registration, the purchaser or lessee shall appear in person,
or by a person exercising the purchaser’s or lessee’s power of attorney, at an
office of the secretary of state and furnish a certification that the person is
the bona fide purchaser or lessee or that the person has granted the power of
attorney, together with other forms required for the issuance of the special
registration and provide the secretary of state with proof that the vehicle is
covered by an automobile insurance policy issued under section 3101 of the
insurance code of 1956, 1956 PA 218, MCL 500.3101, or proof that the vehicle is
covered by a policy of insurance issued by an insurer under section 3163 of the
insurance code of 1956, 1956 PA 218, MCL 500.3163. The certification
required in this subsection must contain all of the
following:
(a) The address of
the purchaser or lessee.
(b) A statement
that the vehicle is purchased or leased for registration outside of this state.
(c) A statement
that the vehicle must be primarily used, stored, and registered outside of this
state.
(d) The name of the
jurisdiction in which the vehicle is to be registered.
(e) Other
information requested by the secretary of state.
(11) In the case of
a commercial vehicle, trailer, or semitrailer issued a registration under the
international registration plan, the secretary of state in mutual agreement
with the owner may assign or reassign the expiration date of the registration.
However, the expiration date agreed to must be either March 31, June 30, September
30, or December 31 or beginning on February 19, 2019, the last day of a
calendar month. Renewals expiring on or after June 30, 2020 must be for a
minimum of at least 12 months if there is a change in the established
expiration date. Notwithstanding the provisions of this subsection, a
commercial vehicle, trailer, or semitrailer registration issued under this
subsection that expires on or after March 1, 2020 is valid until December
11, 2020.
(12) The expiration
date for a multiyear registration issued for a leased vehicle must be the date
the lease expires but must not be for a period
longer than 24 months.
(13) A vehicle
registration described in subsection (1) or a motorcycle registration described
in subsection (2) that expires on or after March 1, 2020 is valid until December
11, 2020.
Sec. 255. (1)
Except as otherwise provided in this chapter, a person shall not operate, nor
shall an owner knowingly permit to be operated, upon any highway, a vehicle
required to be registered under this act unless, except as otherwise provided
in this subsection, no later than 30 days after the vehicle is registered or
the vehicle’s registration is renewed, a valid registration plate issued for
the vehicle by the department for the current registration year is attached to
and displayed on the vehicle as required by this chapter. For purposes of this
subsection, a printed or electronic copy of a valid registration or
verification of a valid registration through the L.E.I.N. is proof that the
vehicle is registered or that the vehicle’s registration has been renewed. A
registration plate is not required for a wrecked or disabled vehicle, or
vehicle destined for repair or junking, that is being transported or drawn on a
highway by a wrecker or a registered motor vehicle. The 30-day period described
in this subsection does not apply to the first registration of a vehicle after
a transfer of ownership or to a transfer registration under section 809.
(2) Except as
otherwise provided in this section, a person who violates subsection (1) is
responsible for a civil infraction. However, if the vehicle is a commercial
vehicle which is required to be registered according to the schedule of elected
gross vehicle weights under section 801(1)(k), the person is guilty of a
misdemeanor punishable by imprisonment for not more than 90 days or a fine of
not more than $500.00, or both.
(3) A person who
operates a vehicle licensed under the international registration plan and does
not have a valid registration due to nonpayment of the apportioned fee is
guilty of a misdemeanor, punishable by imprisonment
for not more than 90 days, or by a fine of not more than $100.00, or both. In
addition, a police officer may impound the vehicle until a valid registration
is obtained. If the vehicle is impounded, the towing and storage costs of the
vehicle, and the care or preservation of the load in the vehicle are the owner’s
responsibility. Vehicles impounded are subject to a lien in the amount of the
apportioned fee and any fine and costs incurred under this subsection, subject
to a valid lien of prior record. If the apportioned fee, fine, and costs are
not paid within 90 days after impoundment, then following a hearing before the
judge or magistrate who imposed the fine and costs, the judge or magistrate
shall certify the unpaid judgment to the prosecuting attorney of the county in
which the violation occurred. The prosecuting attorney shall enforce the lien
by foreclosure sale in accordance with the procedure authorized by law for
chattel mortgage foreclosures.
(4) A noncommercial
vehicle registration described in subsection (1) that expires on or after March
1, 2020 but is renewed on or before December 11, 2020 is not in violation of this section. A commercial
vehicle registration described in subsection (1) that expires on or after March
1, 2020 but is renewed on or before December 11, 2020 is not in violation of this section.
Sec. 301. (1)
Except as provided in this act, an individual shall not drive a motor vehicle
on a highway in this state unless that individual has a valid operator’s or
chauffeur’s license with the appropriate group designation and indorsements for
the type or class of vehicle being driven or towed. A resident of this state
holding a commercial driver license group indorsement issued by another state shall apply for a license transfer
within 30 days after establishing domicile in this state.
(2) An individual
shall not receive a license to operate a motor vehicle until that individual
surrenders to the secretary of state all valid licenses to operate a motor
vehicle issued to that individual by this or any state or certifies that he or
she does not possess a valid license. The secretary of state shall notify the
issuing state that the licensee is now licensed in this state.
(3) An individual
shall not have more than 1 valid driver license.
(4) An individual
shall not drive a motor vehicle as a chauffeur unless that individual holds a
valid chauffeur’s license. An individual shall not receive a chauffeur’s
license until that individual surrenders to the secretary of state a valid
operator’s or chauffeur’s license issued to that individual by this or any
state or certifies that he or she does not possess a valid license.
(5) An individual
holding a valid chauffeur’s license need not procure an operator’s license.
(6) An operator’s
or chauffeur’s license that expires on or after March 1, 2020 is valid until December
11, 2020.
Sec. 306. (1) The secretary of state, on receiving an application for a temporary instruction
permit from an individual who is 18 years
of age or older, may issue that permit that entitles the applicant, while carrying the permit, to drive a
motor vehicle other than a motor vehicle requiring an indorsement under section
312a or a vehicle group designation under section 312e on the highways for a
period of 180 days when accompanied by a licensed adult operator or chauffeur
who is actually occupying a seat beside the driver. A temporary instruction permit issued under this subsection that
expires on or after March 1, 2020 is valid until December 11, 2020.
(2) The secretary of state may issue an original
operator’s license and designate level 1, 2, or 3 graduated licensing
provisions to an individual who is less
than 18 years of age, has been licensed in another state or country, and has
satisfied the applicable requirements of section 310e. An original operator’s
license with a designated level 1, 2, or 3 graduated licensing provision issued
under this subsection that expires on or after March 1, 2020 is valid until December 11, 2020.
(3) A student enrolled in a driver education course as
that term is defined in section 3 of the
driver education provider and instructor act, 2006 PA 384, MCL 256.623, or a
motorcycle safety course approved by the department of state may operate a
motor vehicle that does not require a group designation under section 312e
without holding an operator’s license or permit while under the direct
supervision of the program instructor.
(4) A student enrolled in a driver education course as
that term is defined in section 3 of the
driver education provider and instructor act, 2006 PA 384, MCL 256.623, and who
has successfully completed 10 hours of classroom instruction and the equivalent
of 2 hours of behind-the-wheel training may be issued a temporary driver
education certificate furnished by the department of state that authorizes a
student to drive a motor vehicle, other than a motor vehicle that
requires an indorsement under section 312a or a
vehicle group designation under section 312e, when accompanied by a licensed
parent or guardian, or when accompanied by a nonlicensed parent or guardian and
a licensed adult for the purpose of receiving
additional instruction until the end of the student’s driver education course.
A temporary driver education certificate issued under this subsection that
expires on or after March 1, 2020 is valid until December 11, 2020.
(5) Beginning January 1, 2015, the secretary of state,
on receiving proper application from an
individual 16 or 17 years of age who is enrolled
in or has successfully completed an approved motorcycle safety course under
section 811a, or an individual who is 18
years of age or older and who holds a valid operator’s or chauffeur’s license,
may issue a motorcycle temporary instruction permit that entitles the applicant, while carrying the permit, to operate a
motorcycle on the public streets and
highways for a period of 180 days under the following conditions:
(a) The applicant shall operate the motorcycle under
the constant visual supervision of a licensed motorcycle operator who is at
least 18 years of age.
(b) The applicant shall not operate the motorcycle at
night.
(c) The applicant shall not operate the motorcycle
with a passenger.
(d) The applicant shall not be eligible for more than
2 motorcycle temporary instruction permits in a 10-year period.
(6) A motorcycle temporary instruction permit issued
under subsection (5) that expires on or after March 1, 2020 is valid until December
11, 2020.
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 indorsement, he or she has been
approved for the hazardous materials indorsement 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 180 days from the date
of issuance. An individual may apply 1 time to
renew the permit for an additional 180 days without taking the knowledge tests
described in subsection (1) if the individual applies for the renewal before the expiration of the original
permit.
(4) Notwithstanding
subsection (3), a commercial learner’s permit issued under this section that
expires on or after March 1, 2020 is valid until December
11, 2020.
Sec. 309. (1)
Before issuing a license, the secretary of state shall examine each applicant
for an operator’s or chauffeur’s license who at the time of the application is
not the holder of a valid, unrevoked operator’s or chauffeur’s license under a
law of this state providing for the licensing of drivers. Before the secretary
of state authorizes an individual to administer
vehicle group designation or endorsement knowledge tests, that individual
must successfully complete both a state and
Federal Bureau of Investigation fingerprint-based criminal history check or the
equivalent through the department of state police. In all other cases, the
secretary of state may waive the examination, except that an examination must
not be waived if it appears from the application, from the apparent physical or
mental condition of the applicant, or from any other information that has come
to the secretary of state from another source, that the applicant does not
possess the physical, mental, or other qualifications necessary to operate a
motor vehicle in a manner as not to jeopardize the safety of persons or
property, or that the applicant is not entitled to a license under section 303.
A licensee who applies for the renewal of his or her license by mail under
section 307 shall certify to his or her physical capability to operate a motor
vehicle. 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.
(2) The secretary
of state may appoint sheriffs, their deputies, the chiefs of police of cities
and villages that have organized police
departments within this state, their duly authorized representatives, or
employees of the secretary of state as examining
officers for the purpose of examining applicants for operator’s and chauffeur’s
licenses. An examining officer shall conduct examinations of applicants for
operator’s and chauffeur’s licenses in accordance with this chapter and the
rules promulgated by the secretary of state under subsection (3). After
conducting an examination an examining officer shall make a written report of
his or her findings and recommendations to the secretary of state.
(3) The secretary
of state shall promulgate rules under the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328, for the examination of the
applicant’s physical and mental qualifications to operate a motor vehicle in a
manner as not to jeopardize the safety of persons or property, and shall
ascertain whether facts exist that would bar the issuance of a license under
section 303. The secretary of state may consider a written medical report and
recommendation submitted under section 5139 of the public health code, 1978 PA
368, MCL 333.5139, from the personal physician or optometrist of an applicant,
in making the examination regarding the applicant’s physical and mental
qualifications to operate a motor vehicle under this section and R 257.851 to R
257.855 of the Michigan Administrative Code. A report received by the secretary
of state from a physician or an optometrist under this section is confidential.
The secretary of state shall also ascertain whether the applicant has
sufficient knowledge of the English language to understand highway warnings or
direction signs written in that language. The examination must not include
investigation of facts other than those facts directly pertaining to the
ability of the applicant to operate a motor vehicle with safety or facts
declared to be prerequisite to the issuance of a license under this act.
(4) The secretary
of state shall not issue an original operator’s or chauffeur’s license without
a vehicle group designation or indorsement without an examination that includes
a driving skills test conducted by the secretary of state or by a designated
examining officer under subsection (2) or section 310e. The secretary of state
may enter into an agreement with another public or private corporation or
agency to conduct a driving skills test conducted under this section. Before
the secretary of state authorizes an individual to administer a corporation’s or agency’s driver skills
testing operations or authorizes an examiner to conduct a driving skills test,
that individual or examiner must
successfully complete both a state and Federal Bureau of Investigation
fingerprint-based criminal history check through the department of state police
as required by law and as provided under 49 CFR 384.228. In an agreement with
another public or private corporation or agency to conduct a driving skills
test, the secretary of state shall prescribe the method and examination
criteria to be followed by the corporation, agency, or examiner when conducting
the driving skills test and the form of the certification to be issued to an
individual who satisfactorily
completes a driving skills test. An original vehicle group designation or
indorsement shall not be issued by the secretary of state without a knowledge
test conducted by the secretary of state. Except as provided in section
312f(1), an original vehicle group designation or passenger or school bus
indorsement must not be issued by the secretary of state without a driving
skills test conducted by an examiner appointed or authorized by the secretary
of state or an equivalent driving skills test meeting the requirements of 49
CFR part 383 conducted in another jurisdiction.
(5) Except as otherwise provided in this act, the secretary
of state may waive the requirement of a driving skills test, knowledge test, or
road sign test of an applicant for an original operator’s or chauffeur’s
license without a vehicle group designation or indorsement who at the time of
the application is the holder of a valid, unrevoked operator’s or chauffeur’s
license issued by another state or country.
(6) A driving skills test conducted under this section must
include a behind-the-wheel road test. Before conducting a behind-the-wheel road
test for an applicant seeking a vehicle group designation, including any
upgrade to a vehicle group designation, or for any indorsement required to operate
a commercial motor vehicle, the examiner shall determine that the applicant was
issued his or her commercial learner’s permit not less than 14 days before the
date of that test and that he or she has that permit in his or her possession.
(7) A person who corrupts or attempts to corrupt a designated
examining officer appointed or designated by the secretary of state under this
section or section 310e by giving, offering, or promising any gift or gratuity
with the intent to influence the opinion or decision of the examining officer
conducting the test is guilty of a felony.
(8) A designated examining officer appointed or designated by
the secretary of state who conducts a driving skills test under an agreement
entered into under this section or section 310e and who varies from, shortens,
or in any other way changes the method or examination criteria prescribed in
that agreement in conducting a driving skills test is guilty of a felony.
(9) A person who
forges, counterfeits, or alters a satisfactorily completed driving skills test
certification issued by a designated examining officer appointed or designated
by the secretary of state under this section or section 310e is guilty of
a felony.
(10) The secretary of state shall waive the requirement of a
written knowledge test, road sign test, and driving skills test of an applicant
for an original motorcycle endorsement if the person has successfully passed a
motorcycle safety course approved by the department as described in sections
811a and 811b.
(11) An operator’s or chauffeur’s license that expires on or
after March 1, 2020 is valid until December 11, 2020.
Sec. 312f. (1) Except as otherwise provided in this section, an
individual 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 individual shall pass
knowledge and driving skills tests that comply with minimum federal standards
prescribed in 49 CFR part 383. The knowledge and skills test scores must be
retained by the secretary of state as provided under 49 CFR 383.135. An
individual 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 must include subjects designed to cover the type or general class of vehicle to be operated. Except as
follows, an individual 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 an individual 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, or if the individual successfully passes a driving skills test administered in
another state that meets the requirements of federal law and the law of this
state.
(c) The secretary
of state may waive the driving skills test required under this section for an
individual with military
commercial motor vehicle experience if the individual, 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 an
individual 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 must 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 must be issued, suspended, revoked, canceled, denied, or renewed in accordance with this act. The secretary
of state may renew a seasonal restricted vehicle group designation 1 time per
calendar year regardless of whether the seasonal restricted vehicle group
designation is expired at the time of renewal.
(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 an
individual to administer a
corporation’s or agency’s driver skills testing operations or authorizes an
examiner to conduct a driving skills test, that individual 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 an individual’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 that substantially corresponds 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’s 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’s 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 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. The requirement of this
subdivision is waived from July 1, 2020 to December
31, 2020 pursuant to the Waiver in Response to the
COVID-19 National Emergency – For States, CDL Holders, CLP Holders, and
Interstate Drivers Operating Commercial Motor Vehicles.
(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’s 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. The requirement
of this subdivision is waived from July 1,
2020 to December 31, 2020, pursuant to the
Waiver in Response to the COVID-19 National Emergency – For States, CDL
Holders, CLP Holders, and Interstate Drivers Operating Commercial Motor
Vehicles.
(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 individual’s operator’s or chauffeur’s license.
(9) The secretary
of state shall cancel all vehicle group designations on an individual’s operator’s or chauffeur’s license upon receiving notice from
the United States Secretary of Transportation, the national driver register,
the commercial driver’s license information system, or another state or
jurisdiction that 1 or more of the conditions described in subsection (5)
existed at the time of the individual’s application
in this state.
(10) The secretary
of state shall cancel all vehicle group designations on the individual’s
operator’s or chauffeur’s license upon
receiving proper notice that the individual 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 individual 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) does 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.
Sec. 312k. (1) Notwithstanding any other provisions in this act, all of the following apply:
(a) A commercial driver license that expires on or after
March 1, 2020 is valid until December 11, 2020.
(b) Medical certification for operator’s or chauffeur’s
license holders with a group designation required under 49 CFR 391.45 that
expires on or after March 1, 2020 are valid until December 11, 2020. This subdivision does not apply to either of the
following:
(i) A medical
certification for operator’s or chauffeur’s license holders with a group
designation required under 49 CFR 391.45 that was not valid before March 1,
2020.
(ii) An individual
issued a medical certification for operator’s or chauffeur’s license holders
with a group designation required under 49 CFR 391.45 who, since his or her
last medical certificate was issued, has been diagnosed with a medical
condition that would disqualify the individual from operating in interstate
commerce, or who, since his or her last medical certificate was issued, has
developed a condition that requires an exemption or Skill Performance
Evaluation from the Federal Motor Carrier Safety Administration.
(c) Hazardous material endorsements that expire on or after
March 1, 2020 are valid until October 29, 2020. A security threat assessment required under 49 CFR 1572.13(a)
that is valid on or after March 1, 2020 is valid until October 29, 2020.
An individual with a hazardous material
endorsement that is extended for 180 days under this subdivision must initiate
a security threat assessment with the National Highway Traffic Safety
Administration at least 60 days before the expiration
of the hazardous material endorsement.
(2) This section does not affect the secretary of state’s
authority to revoke or suspend an operator’s or chauffeur’s license or a group
designation or indorsement under this act.
Sec. 314. (1) Except as otherwise provided in this section,
an operator’s license and chauffeur’s license expire on the birthday of the
individual to whom the license is issued in the fourth year following the date
of the issuance of the license or on the date the individual is no longer
considered to be legally present in the United States under section 307,
whichever is earlier, unless suspended or revoked before that date. A license
must not be issued for a period longer than 4 years. An individual holding a
license at any time 12 months before the expiration of his or her license may apply
for a new license as provided for in this chapter. A knowledge test for an
original group designation or indorsement may be taken at any time during this
period and the results are valid for 12 months. A license renewed under this
subsection must be renewed for the time remaining on the license before its
renewal combined with the 4-year renewal period.
(2) The first operator’s license issued to an individual who
at the time of application is less than 20-1/2 years of age expires on the
licensee’s twenty-first birthday or on the date the individual is no longer
considered to be legally present in the United States under section 307,
whichever is earlier, unless suspended or revoked.
(3) The first chauffeur’s license issued to an individual
expires on the licensee’s birthday in the fourth year following the date of
issuance or on the date the individual is no longer considered to be legally
present in the United States under section 307,
whichever is earlier, unless the license is suspended or revoked before that
date. The chauffeur’s license of an individual who at the time of application
is less than 20-1/2 years of age expires on the licensee’s twenty-first
birthday or on the date the individual is no longer considered to be legally
present in the United States under section 307, whichever is earlier, unless
suspended or revoked. A subsequent chauffeur’s license expires on the birthday
of the individual to whom the license is issued in the fourth year following
the date of issuance of the license or on the date the individual is no longer
considered to be legally present in the United States under section 307,
whichever is earlier, unless the license is suspended or revoked before that
date.
(4) An individual may apply for an extension of his or her
driving privileges if he or she is out of state on the date that his or her
operator’s or chauffeur’s license expires. The extension may extend the license
for 180 days beyond the expiration date or not more than 2 weeks after the
applicant returns to Michigan, whichever occurs first. This subsection does not
apply to an individual who fails to meet the requirements of 49 CFR parts 383
and 391 with regard to medical certification documentation requirements.
(5) The secretary of state may issue a renewal operator’s or
chauffeur’s license to an individual who will be out of state for more than 180
days beyond the expiration date of his or her operator’s or chauffeur’s
license, if the secretary of state has a digital image of the individual on
file. The applicant for this renewal shall submit a statement evidencing a
vision examination in accordance with the rules promulgated by the secretary of
state under section 309 and any other statement required by this act or federal law. An individual is not eligible for consecutive
renewals of a license under this subsection. This subsection does not apply to
an individual who fails to meet the requirements of 49 CFR parts 383 and 391
with regard to medical certification documentation requirements, or an
individual with a hazardous material indorsement on his or her operator’s or
chauffeur’s license.
(6) 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 renewal under this section.
(7) Notwithstanding the provisions of this section, an operator’s or chauffeur’s license that expires on or after March 1, 2020 is valid until December 11, 2020.
Sec. 801k. Notwithstanding any other provisions in
this chapter, late fees must not be assessed on the following vehicles:
(a) A vehicle registered under section 801(1)(j) or
(k) or section 801g whose registration expires on or after March 1, 2020 and
whose registration is renewed before December 11, 2020.
(b) All other vehicles registered under this chapter
whose registration expires on or after March 1, 2020 and whose registration is
renewed before December 11, 2020.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:
(a) House Bill No. 5756.
(b) House Bill
No. 5757.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor