Bill Text: MI HB4493 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Traffic control; driver license; individual with level 2 graduated driver license; prohibit from having more than 1 passenger less than 21 years of age other than family member in vehicle, and revise hours of permitted operation. Amends sec. 310e of 1949 PA 300 (MCL 257.310e).
Spectrum: Slight Partisan Bill (Democrat 14-5)
Status: (Passed) 2010-12-15 - Assigned Pa 268'10 [HB4493 Detail]
Download: Michigan-2009-HB4493-Engrossed.html
HB-4493, As Passed House, November 10, 2010
SUBSTITUTE FOR
HOUSE BILL NO. 4493
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 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
and
shall not operate a motor vehicle within this state from 12
midnight 10
p.m. 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, during the entire period of his or
her level 2 graduated licensing status, operate a motor vehicle
carrying more than 1 passenger who is less than 21 years of age
except as follows:
(a) The passengers less than 21 years of age are members of
his or her immediate family.
(b) The person is traveling to or from school or a school-
sanctioned event.
(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.
