Bill Text: MI SB0441 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Vehicles; driver training; number of passengers in vehicle with a stage II driver; clarify. Amends sec. 310e of 1949 PA 300 (MCL 257.310e).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-04-21 - Referred To Committee On Transportation [SB0441 Detail]

Download: Michigan-2009-SB0441-Introduced.html

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SENATE BILL No. 441

 

 

April 21, 2009, Introduced by Senators McMANUS, GARCIA, GLEASON and ANDERSON and referred to the Committee on Transportation.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 310e (MCL 257.310e), as amended by 2004 PA 362.

 

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 be in a form as prescribed in section

 

310 beginning July 1, 2003, and is 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 completed segment 1 of a driver education

 

course as that term is defined in section 1 7 of the driver

 

education provider and training schools instructor act, 1974 PA

 

369, MCL 256.601 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 completed segment 2 of a driver education

 

course as that term is defined in section 1 7 of the driver

 

education provider and training schools instructor act, 1974 PA

 

369, MCL 256.601 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

 

he or she 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 not less than 10 nighttime hours.

 

     (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 The person shall be 16

 

years of age or over only if the person has and have satisfied the

 

requirements of subdivisions (a), (b), (c), and (d) before

 

completing the test required under this subdivision.

 

     (6) A person issued a level 2 graduated licensing status under

 

subsection (5) shall remain at level 2 for not less than 6 months

 

and shall not operate a motor vehicle within this state from 12

 

midnight to 5 a.m. unless accompanied by a parent or legal guardian

 

or a licensed driver over the age of 21 designated by the parent or

 

legal guardian, or except when going to or from employment. A

 

person issued a level 2 graduated licensing status under subsection

 

(5) shall not transport more than 1 passenger who is less than 18

 

years of age other than immediate family members, unless 1 of the

 

following applies:

 

     (a) He or she is accompanied by a parent or guardian.

 

     (b) He or she attends a school in which transportation

 

services to and from school are not provided to the general

 

population of that school and is traveling directly to or from

 

school.

 

     (c) He or she is traveling directly to or from a school-

 

sanctioned function for which the school does not provide

 

transportation services.

 

     (d) He or she attends a school in which transportation

 

services to and from school are provided to the general population

 

through an agreement or contract with a transportation service not

 

operated by the school.

 

     (7) The provisions and provisional period described in

 

subsection (4) or (6) shall 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

 

be extended under subsection (7) until the licensee completes 90

 

consecutive days without a moving violation, an accident in which a

 

moving violation resulted, accident, suspension, or provisional

 

period violation listed in subsection (7) or until age 18,

 

whichever occurs first. The provisional period described in

 

subsection (6) shall be extended under subsection (7) until the

 

licensee completes 12 consecutive months without a moving

 

violation, accident, 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,

 

accident, 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 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 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 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 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.