Bill Text: MI SB1029 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Vehicles; driver training; driver training to be provided by parents and guardians; allow, and establish procedures and requirements. Amends secs. 306, 310e & 811 of 1949 PA 300 (MCL 257.306 et seq.) & adds sec. 310f.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2014-09-09 - Referred To Committee On Transportation [SB1029 Detail]

Download: Michigan-2013-SB1029-Introduced.html

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SENATE BILL No. 1029

 

 

September 9, 2014, Introduced by Senators JONES, BIEDA and GREEN and referred to the Committee on Transportation.

 

 

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 306, 310e, and 811 (MCL 257.306, 257.310e,

 

and 257.811), section 306 as amended by 2014 PA 120, section 310e

 

as amended by 2011 PA 124, and section 811 as amended by 2006 PA

 

589, and by adding section 310f.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 306. (1) The secretary of state, upon receiving an

 

 2  application for a temporary instruction permit from a person who

 

 3  is 18 years of age or older, may issue that permit entitling the

 

 4  applicant, while carrying the permit, to drive a motor vehicle

 

 5  other than a motor vehicle requiring an indorsement under section

 

 6  312a or a vehicle group designation under section 312e upon the

 

 7  highways for a period of 180 days when accompanied by a licensed

 

 1  adult operator or chauffeur who is actually occupying a seat

 

 2  beside the driver.

 

 3        (2) The secretary of state may issue an original operator's

 

 4  license and designate level 1, 2, or 3 graduated licensing

 

 5  provisions to a person who is less than 18 years of age, has been

 

 6  licensed in another state or country, and has satisfied the

 

 7  applicable requirements of section 310e.

 

 8        (3) A student enrolled in a driver education course as that

 

 9  term is defined in section 3 of the driver education provider and

 

10  instructor act, 2006 PA 384, MCL 256.623, or a motorcycle safety

 

11  course approved by the department of state or receiving driver

 

12  education instruction in a course approved under section 310f may

 

13  operate a motor vehicle without holding an operator's license or

 

14  permit while under the direct supervision of the program

 

15  instructor.

 

16        (4) A student enrolled in a driver education course as that

 

17  term is defined in section 3 of the driver education provider and

 

18  instructor act, 2006 PA 384, MCL 256.623, or receiving driver

 

19  education instruction in a course approved under section 310f and

 

20  who has successfully completed 10 hours of classroom instruction

 

21  and the equivalent of 2 hours of behind-the-wheel training may be

 

22  issued a temporary driver education certificate furnished by the

 

23  department of state that authorizes a the student to drive a

 

24  motor vehicle, other than a motor vehicle requiring an

 

25  indorsement under section 312a or a vehicle group designation

 

26  under section 312e, when accompanied by a licensed parent or

 

27  guardian, or when accompanied by a nonlicensed parent or guardian

 

 1  and a licensed adult for the purpose of receiving additional

 

 2  instruction until the end of the student's driver education

 

 3  course.

 

 4        (5) Beginning January 1, 2015, the secretary of state, upon

 

 5  receiving proper application from a person 16 or 17 years of age

 

 6  who is enrolled in or has successfully completed an approved

 

 7  motorcycle safety course under section 811a, or a person who is

 

 8  18 years of age or older and who holds a valid operator's or

 

 9  chauffeur's license, may issue a motorcycle temporary instruction

 

10  permit entitling the applicant, while carrying the permit, to

 

11  operate a motorcycle upon the public streets and highways for a

 

12  period of 180 days under the following conditions:

 

13        (a) The applicant shall operate the motorcycle under the

 

14  constant visual supervision of a licensed motorcycle operator who

 

15  is at least 18 years of age.

 

16        (b) The applicant shall not operate the motorcycle at night.

 

17        (c) The applicant shall not operate the motorcycle with a

 

18  passenger.

 

19        (d) The applicant shall not be eligible for more than 2

 

20  motorcycle temporary instruction permits in a 10-year period.

 

21        (6) Except as prohibited under federal law, the secretary of

 

22  state, upon receiving proper application from a person who is 18

 

23  years of age or older, who holds a valid operator's or

 

24  chauffeur's license other than a restricted license, and who has

 

25  passed the knowledge test for an original vehicle group

 

26  designation or indorsement, and, if the person is applying for a

 

27  hazardous material indorsement, the person has been approved for

 

 1  the hazardous materials indorsement by the transportation

 

 2  security administration, may issue a temporary instruction permit

 

 3  entitling the person, while carrying the permit, to drive a

 

 4  vehicle requiring a vehicle group designation or vehicle group

 

 5  indorsement under section 312e upon the streets and highways for

 

 6  a period of 180 days, but only when accompanied by a licensed

 

 7  adult operator or chauffeur who is licensed with the appropriate

 

 8  vehicle group designation and indorsement for the vehicle group

 

 9  being driven and who is actually occupying a seat beside the

 

10  driver, or behind the driver if the permittee is driving a bus or

 

11  school bus. In addition, if a permittee is enrolled in a driver

 

12  training program for drivers of motor vehicles requiring a

 

13  vehicle group designation or vehicle group indorsement under

 

14  section 312e , which program that is conducted by a college, a

 

15  university, a school licensed by the department under the driver

 

16  education provider and instructor act, 2006 PA 384, MCL 256.621

 

17  to 256.705, or a local or intermediate school district, the

 

18  permittee may drive a vehicle requiring a vehicle group

 

19  designation or vehicle group indorsement on the streets and

 

20  highways of this state for a period of 180 days when accompanied

 

21  by an instructor licensed with the appropriate vehicle group

 

22  designation and indorsement for the vehicle being driven who is

 

23  either occupying the seat beside the driver or in direct visual

 

24  and audio communication with the permittee. A person issued a

 

25  temporary instruction permit under this section shall not operate

 

26  a vehicle designed to carry 16 or more passengers that is

 

27  transporting passengers except with an instructor licensed with

 

 1  the appropriate vehicle group designation and indorsement for the

 

 2  vehicle being driven or a driver skills test examiner.

 

 3        Sec. 310e. (1) Except as otherwise provided in this act, an

 

 4  operator's or chauffeur's license issued to a person who is 17

 

 5  years of age or less shall be in a form as prescribed in section

 

 6  310, and valid only upon the issuance of a graduated driver

 

 7  license.

 

 8        (2) The secretary of state shall designate graduated

 

 9  licensing provisions in a manner that clearly indicates that the

 

10  person is subject to the appropriate provisions described in this

 

11  section.

 

12        (3) Except as otherwise provided in section 303, a person

 

13  who is not less than 14 years and 9 months of age may be issued a

 

14  level 1 graduated licensing status to operate a motor vehicle if

 

15  the person has satisfied all of the following conditions:

 

16        (a) Passed a vision test and met health standards as

 

17  prescribed by the secretary of state.

 

18        (b) Successfully completed segment 1 of a driver education

 

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

 

20  education provider and instructor act, 2006 PA 384, MCL 256.627,

 

21  or its equivalent under section 310f, including a minimum of 6

 

22  hours of on-the-road driving time with the instructor.

 

23        (c) Received written approval of a parent or legal guardian.

 

24        (4) A person issued a level 1 graduated licensing status may

 

25  operate a motor vehicle only when accompanied either by a

 

26  licensed parent or legal guardian or, with the permission of the

 

27  parent or legal guardian, a licensed driver 21 years of age or

 

 1  older. Except as otherwise provided in this section, a person is

 

 2  restricted to operating a motor vehicle with a level 1 graduated

 

 3  licensing status for not less than 6 months.

 

 4        (5) A person may be issued a level 2 graduated licensing

 

 5  status to operate a motor vehicle if the person has satisfied all

 

 6  of the following conditions:

 

 7        (a) Had a level 1 graduated licensing status for not less

 

 8  than 6 months.

 

 9        (b) Successfully completed segment 2 of a driver education

 

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

 

11  education provider and instructor act, 2006 PA 384, MCL 256.627,

 

12  or its equivalent under section 310f.

 

13        (c) Not incurred a moving violation resulting in a

 

14  conviction or civil infraction determination or been involved in

 

15  an accident for which the official police report indicates a

 

16  moving violation on the part of the person during the 90-day

 

17  period immediately preceding application.

 

18        (d) Presented a certification by the parent or guardian that

 

19  the person, accompanied by his or her licensed parent or legal

 

20  guardian or, with the permission of the parent or legal guardian,

 

21  any licensed driver 21 years of age or older, has accumulated a

 

22  total of not less than 50 hours of behind-the-wheel experience

 

23  including not less than 10 nighttime hours.

 

24        (e) Successfully completed a secretary of state approved

 

25  driving skills test. The secretary of state may enter into an

 

26  agreement with another public or private corporation or agency to

 

27  conduct this driving skills test. Before the secretary of state

 

 1  authorizes a person to administer a corporation's or agency's

 

 2  driver skills testing operations or authorizes an examiner to

 

 3  conduct a driving skills test, that person or examiner must

 

 4  complete both a state and federal bureau of investigation

 

 5  fingerprint based criminal history check through the department

 

 6  of state police. This subdivision applies to a person 16 years of

 

 7  age or over only if the person has satisfied subdivisions (a),

 

 8  (b), (c), and (d).

 

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

 

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

 

11  months. A person issued a level 2 graduated licensing status

 

12  under subsection (5) shall not operate a vehicle under the

 

13  following circumstances:

 

14        (a) Between the hours of 10 p.m. and 5 a.m. This subdivision

 

15  does not apply if either of the following applies:

 

16        (i) The person is accompanied by a parent or legal guardian

 

17  or a licensed driver 21 years of age or older designated by the

 

18  parent or legal guardian.

 

19        (ii) The person is operating the vehicle in the course of his

 

20  or her employment or while going to or from employment or while

 

21  going to or from an authorized activity.

 

22        (b) With more than 1 passenger in the vehicle who is less

 

23  than 21 years of age. This subdivision does not apply if any of

 

24  the following apply:

 

25        (i) The person is accompanied by a parent or legal guardian

 

26  or a licensed driver 21 years of age or older designated by the

 

27  parent or legal guardian.

 

 1        (ii) Any additional passengers who are less than 21 years of

 

 2  age are members of his or her immediate family.

 

 3        (iii) The person is operating the vehicle in the course of his

 

 4  or her employment or while going to or from employment or while

 

 5  going to or from an authorized activity.

 

 6        (7) The provisions and provisional period described in

 

 7  subsection (4) or (6) shall be expanded or extended, or both,

 

 8  beyond the periods described in subsection (4) or (6) if any of

 

 9  the following occur and are recorded on the licensee's driving

 

10  record during the provisional periods described in subsection (4)

 

11  or (6) or any additional periods imposed under this subsection:

 

12        (a) A moving violation resulting in a conviction, civil

 

13  infraction determination, or probate court disposition.

 

14        (b) An accident for which the official police report

 

15  indicates a moving violation on the part of the licensee.

 

16        (c) A license suspension for a reason other than a mental or

 

17  physical disability.

 

18        (d) A violation of subsection (4) or (6).

 

19        (8) The provisional period described in subsection (4) shall

 

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

 

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

 

22  a moving violation resulted, accident, suspension, or provisional

 

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

 

24  whichever occurs first. The provisional period described in

 

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

 

26  licensee completes 12 consecutive months without a moving

 

27  violation, accident, suspension, or restricted period violation

 

 1  listed in subsection (7) or until age 18, whichever occurs first.

 

 2        (9) A person who is not less than 17 years of age may be

 

 3  issued a level 3 graduated licensing status under this subsection

 

 4  if the person has completed 12 consecutive months without a

 

 5  moving violation, an accident in which a moving violation

 

 6  resulted, accident, suspension, or restricted period violation

 

 7  listed in subsection (7) while the person was issued a level 2

 

 8  graduated licensing status under subsection (5).

 

 9        (10) Notice shall be given by first-class mail to the last

 

10  known address of a licensee if the provisions are expanded or

 

11  extended as described in subsection (7).

 

12        (11) A person who violates subsection (4) or (6) is

 

13  responsible for a civil infraction.

 

14        (12) If a person is determined responsible for a violation

 

15  of subsection (4) or (6), the secretary of state shall send

 

16  written notification of any conviction or moving violation to a

 

17  designated parent or guardian of the person.

 

18        (13) For purposes of this section:

 

19        (a) Upon conviction for a moving violation, the date of the

 

20  arrest for the violation shall be used in determining whether the

 

21  conviction occurred within a provisional licensure period under

 

22  this section.

 

23        (b) Upon entry of a civil infraction determination for a

 

24  moving violation, the date of issuance of a citation for a civil

 

25  infraction shall be used in determining whether the civil

 

26  infraction determination occurred within a provisional licensure

 

27  period under this section.

 

 1        (c) The date of the official police report shall be used in

 

 2  determining whether a licensee was driving a motor vehicle

 

 3  involved in an accident for which the official police report

 

 4  indicates a moving violation on the part of the licensee or

 

 5  indicates the licensee had been drinking alcoholic liquor.

 

 6        (14) A person shall have his or her graduated licensing

 

 7  status in his or her immediate possession at all times when

 

 8  operating a motor vehicle, and shall display the card upon demand

 

 9  of a police officer. A person who violates this subsection is

 

10  responsible for a civil infraction.

 

11        (15) As used in this section, "authorized activity" means

 

12  any of the following:

 

13        (a) A school or a school-sanctioned event or activity. For

 

14  purposes of this subdivision, school means a public or private

 

15  school, including a home school.

 

16        (b) A sporting event or activity, or extracurricular event

 

17  or activity, that is not school-sanctioned but that is part of an

 

18  official sports league or association or an official

 

19  extracurricular club, or that is paid for as a service offered by

 

20  a business specializing in those events or activities or training

 

21  for those events or activities.

 

22        (c) A class or program of vocational instruction offered by

 

23  a college, community college, nonprofit association, or unit of

 

24  government or by a business specializing in vocational training.

 

25        (d) An event or activity sponsored by a religious

 

26  organization that is tax-exempt under federal law.

 

27        (e) Transporting an individual in need of immediate

 

 1  emergency care or personal protection to a health care

 

 2  professional, hospital, police station, domestic violence

 

 3  shelter, or public safety location.

 

 4        Sec. 310f. (1) The department shall provide for the approval

 

 5  of driver education instruction provided by parents and guardians

 

 6  to their own children or wards. In approving driver education

 

 7  instruction under this section, the department shall require all

 

 8  of the following:

 

 9        (a) The instruction shall be provided by the parent or

 

10  guardian of the individual who is to receive the instruction.

 

11        (b) The parent or guardian shall be licensed in this state

 

12  to operate a motor vehicle.

 

13        (c) The driver education instruction shall meet the same

 

14  educational requirements as a driver education course provided by

 

15  a driver training school licensed under the driver education

 

16  provider and instructor act, 2006 PA 384, MCL 256.621 to 256.705,

 

17  except as follows:

 

18        (i) The classroom instruction is not required to be provided

 

19  in a room having particular characteristics or equipment.

 

20        (ii) The vehicle used for the behind-the-wheel instructions

 

21  is not required to have equipment other than as required by law

 

22  for a vehicle operated upon a highway in this state when it is

 

23  not being used for driver training.

 

24        (iii) The instructor is not required to be licensed under the

 

25  driver education provider and instructor act, 2006 PA 384, MCL

 

26  256.621 to 256.705.

 

27        (2) The department shall promulgate rules under the

 

 1  administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

 2  24.328, to implement this section. The rules promulgated by the

 

 3  department under this section shall, at a minimum, address the

 

 4  requirements of subsection (1) and both of the following:

 

 5        (a) A method for approving driver education instruction

 

 6  programs that are readily available for use under this section by

 

 7  parents and guardians.

 

 8        (b) A form that a parent or guardian who provides driver

 

 9  education instruction to an individual under this section can

 

10  sign to verify that the individual has met all of his or her

 

11  driver education requirements.

 

12        (3) Successful completion of driver education instruction

 

13  approved under this section is for all purposes of this act the

 

14  same as completing a driver education course provided under the

 

15  driver education provider and instructor act, 2006 PA 384, MCL

 

16  256.621 to 256.705.

 

17        Sec. 811. (1) An application for an original operator's or

 

18  an original or renewal chauffeur's license as provided in

 

19  sections 307 and 312 and an application for an original minor's

 

20  restricted license as provided in section 312 shall be

 

21  accompanied by the following fees:

 

 

22	Operator's license.................	$	25.00
23	Chauffeur's license................		35.00
24	Minor's restricted license.........		25.00

 

 

25        The renewal fee for an operator's license renewed under this

 

26  section is $18.00. However, if an operator's license is expired

 

 1  at the time of the renewal, the fee is the same as the original

 

 2  fee, except as provided in subsection (4). The date of an

 

 3  application for a renewal of an operator's license under this

 

 4  section that is delivered to the secretary of state by regular

 

 5  mail is the postmark date in determining the fee to be assessed.

 

 6        (2) The secretary of state shall deposit the money received

 

 7  and collected under subsection (1) in the state treasury to the

 

 8  credit of the general fund. The secretary of state shall refund

 

 9  out of the fees collected to each county or municipality acting

 

10  as an examining officer or examining bureau $2.50 for each

 

11  applicant examined for an original license, $1.00 for each

 

12  applicant examined for an original chauffeur's license, and $1.00

 

13  for every other applicant examined, if the application is not

 

14  denied and the money refunded is paid to the county or local

 

15  treasurer and is appropriated to the county, municipality, or

 

16  officer or bureau receiving the money for the purpose of carrying

 

17  out this act. The state treasurer shall deposit the sum of $4.00

 

18  in the traffic law enforcement and safety fund created in section

 

19  819a for each person examined for an original license, a renewal

 

20  operator's license, an original chauffeur's license, or a renewal

 

21  chauffeur's license, except that the sum deposited for each 2-

 

22  year operator's or 2-year chauffeur's license shall be $2.00.

 

23        (3) Notwithstanding sections 306 and 308, an operator's

 

24  license shall not be issued to a person under 18 years of age

 

25  unless that person successfully passes a driver education course

 

26  and examination given by a school licensed under the driver

 

27  education and training schools act, 1974 PA 369, MCL 256.601 to

 

 1  256.612. provider and instructor act, 2006 PA 384, MCL 256.621 to

 

 2  256.705, or under section 310f. A person who has been a holder of

 

 3  a motor vehicle operator's license issued by any other state,

 

 4  territory, or possession of the United States, or any other

 

 5  sovereignty for 1 year immediately before application for an

 

 6  operator's license under this act is not required to comply with

 

 7  this subsection. Restricted licenses may be issued pursuant to

 

 8  under section 312 without compliance with this subsection.

 

 9        (4) A person who is on active military service at the time

 

10  his or her operator's license expires shall be charged the

 

11  renewal rate for renewing his or her operator's license under

 

12  this section if all of the following apply:

 

13        (a) He or she applies for renewal within 30 days of

 

14  returning to this state from active duty.

 

15        (b) He or she held a valid, unexpired operator's license

 

16  from this state immediately prior to leaving this state for

 

17  active military service.

 

18        (c) He or she presents such documentation as required by the

 

19  secretary of state requires to establish eligibility under this

 

20  subsection.