Bill Text: MI HB6320 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Vehicles: driver training; exception to driver training courses for home schooled children; create. Amends sec. 310e of 1949 PA 300 (MCL 257.310e). TIE BAR WITH: HB 5845'20
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-12-01 - Referred To Second Reading [HB6320 Detail]
Download: Michigan-2019-HB6320-Introduced.html
HOUSE BILL NO. 6320
November 05, 2020, Introduced by Rep. Cole and
referred to the Committee on Government Operations.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 310e (MCL 257.310e), as amended by 2019 PA 33.
the people of the state of michigan enact:
Sec. 310e. (1) Except as otherwise provided in this act, an
operator's or chauffeur's license issued to a person who is 17 years of age or
less shall must be
in a form as prescribed in section 310, and valid only upon the issuance of a
graduated driver license.
(2) The secretary of
state shall designate graduated licensing provisions in a manner that clearly
indicates that the person is subject to the appropriate provisions described in
this section.
(3) Except as otherwise
provided in section 303, a person who is not less than 14 years and 9 months of
age may be issued a level 1 graduated licensing status to operate a motor
vehicle if the person has satisfied all of the following conditions:
(a) Passed a vision test
and met health standards as prescribed by the secretary of state.
(b) Successfully Either is a home
schooled student or successfully completed segment 1 of a driver
education course as that term is defined in section 7 of the driver education
provider and instructor act, 2006 PA 384, MCL 256.627, including a minimum of 6
hours of on-the-road driving time with the instructor.
(c) Received written
approval of a parent or legal guardian.
(4) A person issued a
level 1 graduated licensing status may operate a motor vehicle only when
accompanied either by a licensed parent or legal guardian or, with the
permission of the parent or legal guardian, a licensed driver 21 years of age
or older. Except as otherwise provided in this section, a person is restricted
to operating a motor vehicle with a level 1 graduated licensing status for not
less than 6 months.
(5) A person may be
issued a level 2 graduated licensing status to operate a motor vehicle if the
person has satisfied all of the following conditions:
(a) Had a level 1
graduated licensing status for not less than 6 months.
(b) Successfully Either is a home
schooled student or successfully completed segment 2 of a driver
education course as that term is defined in section 7 of the driver education
provider and instructor act, 2006 PA 384, MCL 256.627.
(c) Not incurred a
moving violation resulting in a conviction or civil infraction determination or
been involved in an accident for which the official police report indicates a
moving violation on the part of the person during the 90-day period immediately
preceding application.
(d) Presented a
certification by the parent or guardian that the person, accompanied by his or
her licensed parent or legal guardian or, with the permission of the parent or
legal guardian, any licensed driver 21 years of age or older, has accumulated a
total of not less than 50 hours of behind-the-wheel experience including,
except as otherwise provided in this subdivision, not less than 10 nighttime
hours. The nighttime hours requirement does not apply to a person who has been
issued a graduated driver license that permits daylight driving only as
provided in R 257.3 of the Michigan Administrative Code.
(e) Successfully
completed a secretary of state approved driving skills test. The secretary of
state may enter into an agreement with another public or private corporation or
agency to conduct this driving skills test. 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. This subdivision applies to a person 16 years of age or over
only if the person has satisfied subdivisions (a), (b), (c), and (d).
(6) A person issued a
level 2 graduated licensing status under subsection (5) shall remain at level 2
for not less than 6 months. A person issued a level 2 graduated licensing
status under subsection (5) shall not operate a vehicle under the following
circumstances:
(a) Between the hours of
10 p.m. and 5 a.m. This subdivision does not apply if either of the following
applies:
(i) The person is accompanied by a parent or legal guardian or
a licensed driver 21 years of age or older designated by the parent or legal
guardian.
(ii) The person is operating the vehicle in the course of his or
her employment or while going to or from employment or while going to or from
an authorized activity.
(b) With more than 1
passenger in the vehicle who is less than 21 years of age. This subdivision
does not apply if any of the following apply:
(i) The person is accompanied by a parent or legal guardian or
a licensed driver 21 years of age or older designated by the parent or legal
guardian.
(ii) Any additional passengers who are less than 21 years of age
are members of his or her immediate family.
(iii) The person is operating the vehicle in the course of his or
her employment or while going to or from employment or while going to or from
an authorized activity.
(7) The provisions and
provisional period described in subsection (4) or (6) shall
must be expanded or extended, or both,
beyond the periods described in subsection (4) or (6) if any of the following
occur and are recorded on the licensee's driving record during the provisional
periods described in subsection (4) or (6) or any additional periods imposed under
this subsection:
(a) A moving violation
resulting in a conviction, civil infraction determination, or probate court
disposition.
(b) An accident for
which the official police report indicates a moving violation on the part of
the licensee.
(c) A license suspension
for a reason other than a mental or physical disability.
(d) A violation of
subsection (4) or (6).
(8) The provisional
period described in subsection (4) shall must be extended under subsection (7) until the licensee
completes 90 consecutive days without a moving violation, an accident in which
a moving violation resulted, suspension, or provisional period violation listed
in subsection (7), or until age 18, whichever occurs first. The provisional
period described in subsection (6) shall must be extended under subsection (7) until the licensee
completes 12 consecutive months without a moving violation, suspension, or
restricted period violation listed in subsection (7) or until age 18, whichever
occurs first.
(9) A person who is not
less than 17 years of age may be issued a level 3 graduated licensing status
under this subsection if the person has completed 12 consecutive months without
a moving violation, an accident in which a moving violation resulted,
suspension, or restricted period violation listed in subsection (7) while the
person was issued a level 2 graduated licensing status under subsection (5).
(10) Notice shall must be given by
first-class mail to the last known address of a licensee if the provisions are
expanded or extended as described in subsection (7).
(11) A person who
violates subsection (4) or (6) is responsible for a civil infraction.
(12) If a person is
determined responsible for a violation of subsection (4) or (6), the secretary
of state shall send written notification of any conviction or moving violation
to a designated parent or guardian of the person.
(13) For purposes of
this section:
(a) Upon conviction for
a moving violation, the date of the arrest for the violation shall must be used in
determining whether the conviction occurred within a provisional licensure
period under this section.
(b) Upon entry of a
civil infraction determination for a moving violation, the date of issuance of
a citation for a civil infraction shall must be used in determining whether the civil infraction
determination occurred within a provisional licensure period under this
section.
(c) The date of the
official police report shall must be used in determining whether a licensee was
driving a motor vehicle involved in an accident for which the official police
report indicates a moving violation on the part of the licensee or indicates
the licensee had been drinking alcoholic liquor.
(14) A person shall have
his or her graduated licensing status in his or her immediate possession at all
times when operating a motor vehicle, and shall display the card upon demand of
a police officer. A person who violates this subsection is responsible for a
civil infraction.
(15) As used in this
section: ,
"authorized
(a) "Authorized activity"
means any of the following:
(i) (a) A school or a school-sanctioned event or activity. For
purposes of this subdivision, school means a public or private school,
including a home school.
(ii) (b) A sporting event or activity, or extracurricular event or
activity, that is not school-sanctioned but that is part of an official sports
league or association or an official extracurricular club, or that is paid for
as a service offered by a business specializing in those events or activities
or training for those events or activities.
(iii) (c) A class or program of vocational instruction offered by a
college, community college, nonprofit association, or unit of government or by
a business specializing in vocational training.
(iv) (d) An event or activity sponsored by a religious organization
that is tax-exempt under federal law.
(v) (e) Transporting an individual in need of immediate emergency
care or personal protection to a health care professional, hospital, police
station, domestic violence shelter, or public safety location.
(b) "Home schooled student" means a child being
educated at the child's home by his or her parent or legal guardian under section
1561(4) of the revised school code, 1976 PA 451, MCL 380.1561.
Enacting section 1. This amendatory act does not take effect unless House Bill No. 5845 of the 100th Legislature is enacted into law.
