SB-0192, As Passed House, June 13, 2019

SB-0192, As Passed Senate, May 22, 2019

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 192

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 310e (MCL 257.310e), as amended by 2015 PA 11.

 

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, 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 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 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 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, 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, 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 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.

 

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


of the following:

 

     (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.

 

     (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.

 

     (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.

 

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

 

that is tax-exempt under federal law.

 

     (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.