Bill Text: MI HB4614 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Traffic control; violations; aggressive driving; prohibit, and provide penalties and sanctions. Amends secs. 319 & 319b of 1949 PA 300 (MCL 257.319 & 257.319b) & adds sec. 626d.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2009-03-19 - Printed Bill Filed 03/19/2009 [HB4614 Detail]

Download: Michigan-2009-HB4614-Introduced.html

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HOUSE BILL No. 4614

 

March 18, 2009, Introduced by Reps. Dean, Robert Jones, Bettie Scott, Lindberg, Hammel, Bennett, Gregory, LeBlanc, Leland, Johnson, Ebli, Roy Schmidt, Valentine, Durhal, Cushingberry and McDowell and referred to the Committee on Transportation.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 319 and 319b (MCL 257.319 and 257.319b), as

 

amended by 2008 PA 463, and by adding section 626d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 319. (1) The secretary of state shall immediately suspend

 

a person's license as provided in this section upon receiving a

 

record of the person's conviction for a crime described in this

 

section, whether the conviction is under a law of this state, a

 

local ordinance substantially corresponding to a law of this state,

 

a law of another state substantially corresponding to a law of this

 

state, or, beginning October 31, 2010, a law of the United States

 

substantially corresponding to a law of this state.

 

     (2) The secretary of state shall suspend the person's license

 

for 1 year for any of the following crimes:

 

     (a) Fraudulently altering or forging documents pertaining to

 

motor vehicles in violation of section 257.

 

     (b) A violation of section 413 of the Michigan penal code,

 

1931 PA 328, MCL 750.413.

 

     (c) A violation of section 1 of former 1931 PA 214, MCL

 

752.191, or section 626c.

 

     (d) A felony in which a motor vehicle was used. As used in

 

this section, "felony in which a motor vehicle was used" means a

 

felony during the commission of which the person convicted operated

 

a motor vehicle and while operating the vehicle presented real or

 

potential harm to persons or property and 1 or more of the

 

following circumstances existed:

 

     (i) The vehicle was used as an instrument of the felony.

 

     (ii) The vehicle was used to transport a victim of the felony.

 

     (iii) The vehicle was used to flee the scene of the felony.

 

     (iv) The vehicle was necessary for the commission of the

 

felony.

 

     (e) A violation of section 602a(2) or (3) of this act or

 

section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL

 

750.479a.

 

     (f) A Beginning October 31, 2010, a violation of section 601d.

 

     (3) The secretary of state shall suspend the person's license

 

for 90 days for any of the following crimes:

 

     (a) Failing to stop and disclose identity at the scene of an

 

accident resulting in injury in violation of section 617a.

 

     (b) A violation of section 601b(2), section 601c(1), section

 

653a(3), section 626 before October 31, 2010, or, beginning October

 

31, 2010, section 626(2). , or section 653a(3).

 

     (c) Malicious destruction resulting from the operation of a

 

vehicle under section 382(1)(b), (c), or (d) of the Michigan penal

 

code, 1931 PA 328, MCL 750.382.

 

     (d) A violation of section 703(2) of the Michigan liquor

 

control code of 1998, 1998 PA 58, MCL 436.1703.

 

     (4) The secretary of state shall suspend the person's license

 

for 30 days for malicious destruction resulting from the operation

 

of a vehicle under section 382(1)(a) of the Michigan penal code,

 

1931 PA 328, MCL 750.382.

 

     (5) For perjury or making a false certification to the

 

secretary of state under any law requiring the registration of a

 

motor vehicle or regulating the operation of a vehicle on a

 

highway, or for conduct prohibited under section 324(1) or a local

 

ordinance substantially corresponding to section 324(1), the

 

secretary shall suspend the person's license as follows:

 

     (a) If the person has no prior conviction for an offense

 

described in this subsection within 7 years, for 90 days.

 

     (b) If the person has 1 or more prior convictions for an

 

offense described in this subsection within 7 years, for 1 year.

 

     (6) For a violation of section 414 of the Michigan penal code,

 

1931 PA 328, MCL 750.414, the secretary of state shall suspend the

 

person's license as follows:

 

     (a) If the person has no prior conviction for that offense

 

within 7 years, for 90 days.

 

     (b) If the person has 1 or more prior convictions for that

 

offense within 7 years, for 1 year.

 

     (7) For a violation of section 624a or 624b of this act or

 

section 703(1) of the Michigan liquor control code of 1998, 1998 PA

 

58, MCL 436.1703, the secretary of state shall suspend the person's

 

license as follows:

 

     (a) If the person has 1 prior conviction for an offense

 

described in this subsection or section 33b(1) of former 1933 (Ex

 

Sess) PA 8, for 90 days. The secretary of state may issue the

 

person a restricted license after the first 30 days of suspension.

 

     (b) If the person has 2 or more prior convictions for an

 

offense described in this subsection or section 33b(1) of former

 

1933 (Ex Sess) PA 8, for 1 year. The secretary of state may issue

 

the person a restricted license after the first 60 days of

 

suspension.

 

     (8) The secretary of state shall suspend the person's license

 

for a violation of section 625 or 625m as follows:

 

     (a) For 180 days for a violation of section 625(1) or (8)

 

before October 31, 2010 or, beginning October 31, 2010, section

 

625(1)(a) or (b) or (8) if the person has no prior convictions

 

within 7 years. The secretary of state may issue the person a

 

restricted license during a specified portion of the suspension,

 

except that the secretary of state shall not issue a restricted

 

license during the first 30 days of suspension.

 

     (b) For 90 days for a violation of section 625(3) if the

 

person has no prior convictions within 7 years. However, if the

 

person is convicted of a violation of section 625(3), for operating

 

a vehicle when, due to the consumption of a controlled substance or

 

a combination of alcoholic liquor and a controlled substance, the

 

person's ability to operate the vehicle was visibly impaired, the

 

secretary of state shall suspend the person's license under this

 

subdivision for 180 days. The secretary of state may issue the

 

person a restricted license during all or a specified portion of

 

the suspension.

 

     (c) For 30 days for a violation of section 625(6) if the

 

person has no prior convictions within 7 years. The secretary of

 

state may issue the person a restricted license during all or a

 

specified portion of the suspension.

 

     (d) For 90 days for a violation of section 625(6) if the

 

person has 1 or more prior convictions for that offense within 7

 

years.

 

     (e) For 180 days for a violation of section 625(7) if the

 

person has no prior convictions within 7 years. The secretary of

 

state may issue the person a restricted license after the first 90

 

days of suspension.

 

     (f) For 90 days for a violation of section 625m if the person

 

has no prior convictions within 7 years. The secretary of state may

 

issue the person a restricted license during all or a specified

 

portion of the suspension.

 

     (g) For Beginning October 31, 2010, for 1 year for a violation

 

of section 625(1)(c) if the person has no prior convictions within

 

7 years or not more than 2 convictions within 10 years. The

 

secretary of state may issue the person a restricted license,

 

except that the secretary of state shall not issue a restricted

 

license during the first 45 days of suspension.

 

     (h) The Beginning October 31, 2010, the department shall order

 

a person convicted of violating section 625(1)(c) not to operate a

 

motor vehicle under a restricted license issued under subdivision

 

(g) unless the vehicle is equipped with an ignition interlock

 

device approved, certified, and installed as required under

 

sections 625k and 625l. The ignition interlock device may be removed

 

after the interlock device provider provides the department with

 

verification that the person has operated the vehicle with no

 

instances of reaching or exceeding a blood alcohol level of 0.025

 

grams per 210 liters of breath.

 

     (i) If Beginning October 31, 2010, if an individual violates

 

the conditions of the restricted license issued under subdivision

 

(g) or operates or attempts to operate a motor vehicle with a blood

 

alcohol level of 0.025 grams per 210 liters of breath, the

 

secretary of state shall impose an additional like period of

 

suspension and restriction as prescribed under subdivision (g).

 

This subdivision does not apply to a start-up test failure within

 

the first 2 months after installation of the ignition interlock

 

device. As used in this subdivision, "start-up test failure" means

 

that term as defined in R 257.313a of the Michigan administrative

 

code.

 

     (9) For a violation of section 367c of the Michigan penal

 

code, 1931 PA 328, MCL 750.367c, the secretary of state shall

 

suspend the person's license as follows:

 

     (a) If the person has no prior conviction for an offense

 

described in this subsection within 7 years, for 6 months.

 

     (b) If the person has 1 or more convictions for an offense

 

described in this subsection within 7 years, for 1 year.

 

     (10) For a violation of section 315(4), the secretary of state

 

may suspend the person's license for 6 months.

 

     (11) For a violation of section 626d, the secretary of state

 

shall suspend the person's license as follows:

 

     (a) For 30 days if the person has no prior convictions under

 

section 626d within 2 years. The secretary shall not issue a

 

restricted license to a person under this subdivision.

 

     (b) For 1 year if the person has 1 or more prior convictions

 

under section 626d within 2 years. The secretary of state may issue

 

the person a restricted license after the first 120 days of

 

suspension.

 

     (12) (11) For a violation or attempted violation of section

 

411a(2) of the Michigan penal code, 1931 PA 328, MCL 750.411a,

 

involving a school, the secretary of state shall suspend the

 

license of a person 14 years of age or over but less than 21 years

 

of age until 3 years after the date of the conviction or juvenile

 

disposition for the violation. The secretary of state may issue the

 

person a restricted license after the first 365 days of suspension.

 

     (13) (12) Except as provided in subsection (14) (15), a

 

suspension under this section shall be imposed notwithstanding a

 

court order unless the court order complies with section 323.

 

     (14) (13) If the secretary of state receives records of more

 

than 1 conviction of a person resulting from the same incident, a

 

suspension shall be imposed only for the violation to which the

 

longest period of suspension applies under this section.

 

     (15) (14) The secretary of state may waive a restriction,

 

suspension, or revocation of a person's license imposed under this

 

act if the person submits proof that a court in another state

 

revoked, suspended, or restricted his or her license for a period

 

equal to or greater than the period of a restriction, suspension,

 

or revocation prescribed under this act for the violation and that

 

the revocation, suspension, or restriction was served for the

 

violation, or may grant a restricted license.

 

     (16) (15) The secretary of state shall not issue a restricted

 

license to a person whose license is suspended under this section

 

unless a restricted license is authorized under this section and

 

the person is otherwise eligible for a license.

 

     (17) (16) The secretary of state shall not issue a restricted

 

license to a person under subsection (8) that would permit the

 

person to operate a commercial motor vehicle.

 

     (18) (17) Except as provided in subsection (16) (17), a

 

restricted license issued under this section shall permit the

 

person to whom it is issued to take any driving skills test

 

required by the secretary of state and to operate a vehicle under 1

 

or more of the following circumstances:

 

     (a) In the course of the person's employment or occupation.

 

     (b) To and from any combination of the following:

 

     (i) The person's residence.

 

     (ii) The person's work location.

 

     (iii) An alcohol or drug education or treatment program as

 

ordered by the court.

 

     (iv) The court probation department.

 

     (v) A court-ordered community service program.

 

     (vi) An educational institution at which the person is enrolled

 

as a student.

 

     (vii) A place of regularly occurring medical treatment for a

 

serious condition for the person or a member of the person's

 

household or immediate family.

 

     (19) (18) While driving with a restricted license, the person

 

shall carry proof of his or her destination and the hours of any

 

employment, class, or other reason for traveling and shall display

 

that proof upon a peace officer's request.

 

     (20) (19) Subject to subsection (21) (22), as used in

 

subsection (8), "prior conviction" means a conviction for any of

 

the following, whether under a law of this state, a local ordinance

 

substantially corresponding to a law of this state, or a law of

 

another state substantially corresponding to a law of this state:

 

     (a) Except as provided in subsection (20) (21), a violation or

 

attempted violation of any of the following:

 

     (i) Section 625, except a violation of section 625(2), or a

 

violation of any prior enactment of section 625 in which the

 

defendant operated a vehicle while under the influence of

 

intoxicating or alcoholic liquor or a controlled substance, or a

 

combination of intoxicating or alcoholic liquor and a controlled

 

substance, or while visibly impaired, or with an unlawful bodily

 

alcohol content.

 

     (ii) Section 625m.

 

     (iii) Former section 625b.

 

     (b) Negligent homicide, manslaughter, or murder resulting from

 

the operation of a vehicle or an attempt to commit any of those

 

crimes.

 

     (c) A Beginning October 31, 2010, a violation of section 601d

 

or section 626(3) or (4).

 

     (21) (20) Except for purposes of the suspensions described in

 

subsection (8)(c) and (d), only 1 violation or attempted violation

 

of section 625(6), a local ordinance substantially corresponding to

 

section 625(6), or a law of another state substantially

 

corresponding to section 625(6) may be used as a prior conviction.

 

     (22) (21) If 2 or more convictions described in subsection

 

(19) (20) are convictions for violations arising out of the same

 

transaction, only 1 conviction shall be used to determine whether

 

the person has a prior conviction.

 

     Sec. 319b. (1) The secretary of state shall immediately

 

suspend or revoke, as applicable, all vehicle group designations on

 

the operator's or chauffeur's license of a person upon receiving

 

notice of a conviction, bond forfeiture, or civil infraction

 

determination of the person, or notice that a court or

 

administrative tribunal has found the person responsible, for a

 

violation described in this subsection of a law of this state, a

 

local ordinance substantially corresponding to a law of this state

 

while the person was operating a commercial motor vehicle, or a law

 

of another state substantially corresponding to a law of this

 

state, or notice that the person has refused to submit to a

 

chemical test of his or her blood, breath, or urine for the purpose

 

of determining the amount of alcohol or presence of a controlled

 

substance or both in the person's blood, breath, or urine while the

 

person was operating a commercial motor vehicle as required by a

 

law or local ordinance of this or another state. The period of

 

suspension or revocation is as follows:

 

     (a) Suspension for 60 days if the person is convicted of or

 

found responsible for 1 of the following while operating a

 

commercial motor vehicle:

 

     (i) Two serious traffic violations arising from separate

 

incidents within 36 months.

 

     (ii) A violation of section 667, 668, 669, or 669a.

 

     (iii) A violation of motor carrier safety regulations 49 CFR

 

392.10 or 392.11, as adopted by section 1a of the motor carrier

 

safety act of 1963, 1963 PA 181, MCL 480.11a.

 

     (iv) A violation of section 57 of the pupil transportation act,

 

1990 PA 187, MCL 257.1857.

 

     (v) A violation of motor carrier safety regulations 49 CFR

 

392.10 or 392.11, as adopted by section 31 of the motor bus

 

transportation act, 1982 PA 432, MCL 474.131.

 

     (vi) A violation of motor carrier safety regulations 49 CFR

 

392.10 or 392.11 while operating a commercial motor vehicle other

 

than a vehicle covered under subparagraph (iii), (iv), or (v).

 

     (b) Suspension for 120 days if the person is convicted of or

 

found responsible for 1 of the following arising from separate

 

incidents within 36 months while operating a commercial motor

 

vehicle:

 

     (i) Three serious traffic violations.

 

     (ii) Any combination of 2 violations described in subdivision

 

(a)(ii).

 

     (c) Suspension for 1 year if the person is convicted of or

 

found responsible for 1 of the following:

 

     (i) A violation of section 625(1), (3), (4), (5), (6), (7), or

 

(8), section 625m, or former section 625(1) or (2), or former

 

section 625b, while operating a commercial or noncommercial motor

 

vehicle.

 

     (ii) Leaving the scene of an accident involving a commercial or

 

noncommercial motor vehicle operated by the person.

 

     (iii) Except for a felony described in 49 CFR 383.51(b)(9), a

 

felony in which a commercial or noncommercial motor vehicle was

 

used.

 

     (iv) A refusal of a peace officer's request to submit to a

 

chemical test of his or her blood, breath, or urine to determine

 

the amount of alcohol or presence of a controlled substance or both

 

in his or her blood, breath, or urine while he or she was operating

 

a commercial or noncommercial motor vehicle as required by a law or

 

local ordinance of this state or another state.

 

     (v) Effective October 1, 2005, operating a commercial motor

 

vehicle in violation of a suspension, revocation, denial, or

 

cancellation that was imposed for previous violations committed

 

while operating a commercial motor vehicle.

 

     (vi) Effective October 1, 2005, causing a fatality through the

 

negligent or criminal operation of a commercial motor vehicle,

 

including, but not limited to, the crimes of motor vehicle

 

manslaughter, motor vehicle homicide, and negligent homicide.

 

     (vii) A 6-point violation as provided in section 320a while

 

operating a commercial motor vehicle.

 

     (viii) Any combination of 3 violations described in subdivision

 

(a)(ii) arising from separate incidents within 36 months while

 

operating a commercial motor vehicle.

 

     (d) Suspension for 3 years if the person is convicted of or

 

found responsible for an offense enumerated in subdivision (c)(i) to

 

(vii) in which a commercial motor vehicle was used if the vehicle was

 

carrying hazardous material required to have a placard under 49 CFR

 

parts 100 to 199.

 

     (e) Revocation for life, but with eligibility for reissue of a

 

group vehicle designation after not less than 10 years and after

 

approval by the secretary of state, if the person is convicted of

 

or found responsible for 2 violations or a combination of any 2

 

violations arising from 2 or more separate incidents involving any

 

of the following:

 

     (i) Section 625(1), (3), (4), (5), (6), (7), or (8), section

 

625m, or former section 625(1) or (2), or former section 625b,

 

while operating a commercial or noncommercial motor vehicle.

 

     (ii) Leaving the scene of an accident involving a commercial or

 

noncommercial motor vehicle operated by the licensee.

 

     (iii) Except for a felony described in 49 CFR 383.51(b)(9), a

 

felony in which a commercial or noncommercial motor vehicle was

 

used.

 

     (iv) A refusal of a request of a police officer to submit to a

 

chemical test of his or her blood, breath, or urine for the purpose

 

of determining the amount of alcohol or presence of a controlled

 

substance or both in his or her blood while he or she was operating

 

a commercial or noncommercial motor vehicle in this state or

 

another state.

 

     (v) Effective October 1, 2005, operating a commercial motor

 

vehicle in violation of a suspension, revocation, denial, or

 

cancellation that was imposed for previous violations committed

 

while operating a commercial motor vehicle.

 

     (vi) Effective October 1, 2005, causing a fatality through the

 

negligent or criminal operation of a commercial motor vehicle,

 

including, but not limited to, the crimes of motor vehicle

 

manslaughter, motor vehicle homicide, and negligent homicide.

 

     (vii) Six-point violations as provided in section 320a while

 

operating a commercial motor vehicle.

 

     (f) Revocation for life if a person is convicted of or found

 

responsible for any of the following:

 

     (i) One violation of a felony in which a commercial motor

 

vehicle was used and that involved the manufacture, distribution,

 

or dispensing of a controlled substance or possession with intent

 

to manufacture, distribute, or dispense a controlled substance.

 

     (ii) A conviction of any offense described in subdivision (c)

 

or (d) after having been approved for the reissuance of a vehicle

 

group designation under subdivision (e).

 

     (iii) A conviction of a violation of chapter LXXXIII-A of the

 

Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z.

 

     (2) The secretary of state shall immediately deny, cancel, or

 

revoke a hazardous material indorsement on the operator's or

 

chauffeur's license of a person with a vehicle group designation

 

upon receiving notice from a federal government agency that the

 

person poses a security risk warranting denial, cancellation, or

 

revocation under the uniting and strengthening America by providing

 

appropriate tools required to intercept and obstruct terrorism (USA

 

PATRIOT ACT) act of 2001, Public Law 107-56. The denial,

 

cancellation, or revocation cannot be appealed under section 322 or

 

323 and remains in effect until the secretary of state receives a

 

federal government notice that the person does not pose a security

 

risk in the transportation of hazardous materials.

 

     (3) The secretary of state shall immediately suspend all

 

vehicle group designations on a person's operator's or chauffeur's

 

license upon receiving notice of a conviction, bond forfeiture, or

 

civil infraction determination of the person, or notice that a

 

court or administrative tribunal has found the person responsible,

 

for a violation of section 319d(4) or 319f, a local ordinance

 

substantially corresponding to section 319d(4) or 319f, or a law or

 

local ordinance of another state, the United States, Canada,

 

Mexico, or a local jurisdiction of either of these countries

 

substantially corresponding to section 319d(4) or 319f, while

 

operating a commercial motor vehicle. The period of suspension or

 

revocation is as follows:

 

     (a) Suspension for 90 days if the person is convicted of or

 

found responsible for a violation of section 319d(4) or 319f while

 

operating a commercial motor vehicle.

 

     (b) Suspension for 180 days if the person is convicted of or

 

found responsible for a violation of section 319d(4) or 319f while

 

operating a commercial motor vehicle that is either carrying

 

hazardous material required to have a placard under 49 CFR parts

 

100 to 199 or designed to carry 16 or more passengers, including

 

the driver.

 

     (c) Suspension for 1 year if the person is convicted of or

 

found responsible for 2 violations, in any combination, of section

 

319d(4) or 319f while operating a commercial motor vehicle arising

 

from 2 or more separate incidents during a 10-year period.

 

     (d) Suspension for 3 years if the person is convicted of or

 

found responsible for 3 or more violations, in any combination, of

 

section 319d(4) or 319f while operating a commercial motor vehicle

 

arising from 3 or more separate incidents during a 10-year period.

 

     (e) Suspension for 3 years if the person is convicted of or

 

found responsible for 2 or more violations, in any combination, of

 

section 319d(4) or 319f while operating a commercial motor vehicle

 

carrying hazardous material required to have a placard under 49 CFR

 

parts 100 to 199, or designed to carry 16 or more passengers,

 

including the driver, arising from 2 or more separate incidents

 

during a 10-year period.

 

     (4) The secretary of state shall suspend or revoke, as

 

applicable, any privilege to operate a commercial motor vehicle as

 

directed by the federal government or its designee.

 

     (5) For the purpose of this section only, a bond forfeiture or

 

a determination by a court of original jurisdiction or an

 

authorized administrative tribunal that a person has violated the

 

law is considered a conviction.

 

     (6) The secretary of state shall suspend or revoke a vehicle

 

group designation under subsection (1) or deny, cancel, or revoke a

 

hazardous material indorsement under subsection (2) notwithstanding

 

a suspension, restriction, revocation, or denial of an operator's

 

or chauffeur's license or vehicle group designation under another

 

section of this act or a court order issued under another section

 

of this act or a local ordinance substantially corresponding to

 

another section of this act.

 

     (7) A conviction, bond forfeiture, or civil infraction

 

determination, or notice that a court or administrative tribunal

 

has found a person responsible for a violation described in this

 

subsection while the person was operating a noncommercial motor

 

vehicle counts against the person who holds a license to operate a

 

commercial motor vehicle the same as if the person had been

 

operating a commercial motor vehicle at the time of the violation.

 

For the purpose of this subsection, a noncommercial motor vehicle

 

does not include a recreational vehicle used off-road. This

 

subsection applies to the following state law violations or a local

 

ordinance substantially corresponding to any of those violations or

 

a law of another state or out-of-state jurisdiction substantially

 

corresponding to any of those violations:

 

     (a) Operating a vehicle in violation of section 625.

 

     (b) Refusing to submit to a chemical test of his or her blood,

 

breath, or urine for the purpose of determining the amount of

 

alcohol or the presence of a controlled substance or both in the

 

person's blood, breath, or urine as required by a law or local

 

ordinance of this or another state.

 

     (c) Leaving the scene of an accident.

 

     (d) Using a vehicle to commit a felony.

 

     (8) When determining the applicability of conditions listed in

 

this section, the secretary of state shall consider only violations

 

that occurred after January 1, 1990.

 

     (9) When determining the applicability of conditions listed in

 

subsection (1)(a) or (b), the secretary of state shall count only

 

from incident date to incident date.

 

     (10) As used in this section:

 

     (a) "Felony in which a commercial motor vehicle was used"

 

means a felony during the commission of which the person convicted

 

operated a commercial motor vehicle and while the person was

 

operating the vehicle 1 or more of the following circumstances

 

existed:

 

     (i) The vehicle was used as an instrument of the felony.

 

     (ii) The vehicle was used to transport a victim of the felony.

 

     (iii) The vehicle was used to flee the scene of the felony.

 

     (iv) The vehicle was necessary for the commission of the

 

felony.

 

     (b) "Serious traffic violation" means any of the following:

 

     (i) A traffic violation that occurs in connection with an

 

accident in which a person died.

 

     (ii) Careless driving.

 

     (iii) Aggressive driving as provided in section 626d.

 

     (iv) (iii) Excessive speeding as defined in regulations

 

promulgated under 49 USC 31301 to 31317.

 

     (v) (iv) Improper lane use.

 

     (vi) (v) Following too closely.

 

     (vii) (vi) Effective October 1, 2005, driving a commercial motor

 

vehicle without obtaining any vehicle group designation on the

 

person's license.

 

     (viii) (vii) Effective October 1, 2005, driving a commercial

 

motor vehicle without either having an operator's or chauffeur's

 

license in the person's possession or providing proof to the court,

 

not later than the date by which the person must appear in court or

 

pay a fine for the violation, that the person held a valid vehicle

 

group designation and indorsement on the date that the citation was

 

issued.

 

     (ix) (viii) Effective October 1, 2005, driving a commercial motor

 

vehicle while in possession of an operator's or chauffeur's license

 

that has a vehicle group designation but does not have the

 

appropriate vehicle group designation or indorsement required for

 

the specific vehicle group being operated or the passengers or type

 

of cargo being transported.

 

     (x) (ix) Any other serious traffic violation as defined in 49

 

CFR 383.5 or as prescribed under this act.

 

     Sec. 626d. (1) A person who commits 2 or more of the following

 

during a single continuous period of driving is guilty of

 

aggressive driving:

 

     (a) Failure to obey a traffic control device as provided in

 

section 611.

 

     (b) Reckless driving under section 626.

 

     (c) Careless driving under section 626b.

 

     (d) Violation of a speed limit established under section 627,

 

627a, 628, or 629.

 

     (e) Overtaking and passing a vehicle on the right by driving

 

off the pavement or main-traveled portion of the roadway as

 

provided in section 637(2).

 

     (f) Improper lane changes in violation of section 642.

 

     (g) Following another vehicle too closely as described in

 

section 643.

 

     (h) Failure to yield the right-of-way as described in section

 

649.

 

     (2) A person who violates this section is guilty of a

 

misdemeanor punishable by imprisonment for not more than 180 days

 

or a fine of not more than $2,500.00, or both.

 

     (3) The court shall order a person convicted of a violation of

 

this section to attend and successfully complete review sessions

 

composed of both classroom and behind-the-wheel time periods

 

designed to improve the safety and habits of drivers as developed

 

by the secretary of state.