HB-5834, As Passed House, May 17, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5834

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 302 (MCL 257.302), as amended by 2008 PA 7.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 302. The following persons are exempt from obtaining a

 

license under this chapter:

 

     (a) A person serving in the armed forces Armed Forces of the

 

United States if furnished with a driver's permit and operating an

 

official motor vehicle in that service or a person who is a

 

military driver and operates a commercial motor vehicle for a

 

military purpose. This exemption applies to active duty military

 

personnel, members of the military reserves, active duty United

 

States coast guard Coast Guard personnel, and members of the

 

national guard while on active duty, including, but not limited to,

personnel on full-time national guard duty, personnel on part-time

 

national guard training, and national guard military technicians

 

who are civilians required to wear military uniforms. This

 

exemption does not apply to any of the following:

 

     (i) United States reserve technicians.

 

     (ii) Except as otherwise provided in this subdivision, a

 

person who is a civilian and in the employ of the armed forces

 

Armed Forces of the United States.

 

     (b) A person while driving or operating a road roller, a snow

 

motor, road machinery, or a farm tractor or implement of husbandry

 

temporarily drawn, moved, or propelled on a highway, if the person

 

is a citizen of the United States or is otherwise eligible to be

 

issued an operator's license or chauffeur's license under section

 

307(1).

 

     (c) A nonresident who is not less than 16 years of age and who

 

has been licensed either as an operator or a chauffeur under a law

 

requiring the licensing of operators or chauffeurs in his or her

 

home state and who has in his or her immediate possession either a

 

valid operator's or a valid chauffeur's license issued to him or

 

her in his or her home state.

 

     (d) A nonresident who is over the age of 17 years, whose home

 

state does not require the licensing of operators, may operate a

 

motor vehicle as an operator only, for a period of not more than 90

 

days in any calendar year, if all of the following apply:

 

     (i) The motor vehicle is registered in the home state or

 

country of the nonresident.

 

     (ii) The nonresident has in his or her immediate possession a

registration card evidencing ownership and registration of the

 

motor vehicle in his or her home state or country, or is able at

 

any time or place required to prove lawful possession or the right

 

to operate the motor vehicle and to establish his or her proper

 

identity.

 

     (iii) The nonresident is a citizen of the United States or is

 

otherwise eligible to be issued an operator's license or

 

chauffeur's license under section 307(1).

 

     (e) A person who is a member of the armed forces Armed Forces

 

of the United States on official leave, who on the date of his or

 

her orders granting leave possessed an operator's or chauffeur's

 

license, valid except for the expiration date of the license. This

 

exemption applies only to the person's first leave of absence

 

following the expiration of his or her license and exempts the

 

person from the provisions of this act for a period not to exceed

 

30 days.

 

     (f) A person who is a discharged member of the armed forces

 

Armed Forces of the United States, who on the date of his or her

 

discharge possesses an operator's or chauffeur's license, valid

 

except for the expiration date, for a period not to exceed 30 days

 

from date of discharge.

 

     (g) A person who is a member of the armed forces Armed Forces

 

of the United States, stationed in this state, who resides in

 

another state and has a valid license issued by the state in which

 

he or she resides.

 

     (h) A person while operating a commercial motor vehicle in the

 

course of a driving test administered by a certified examiner

appointed by the secretary of state and while accompanied by the

 

examiner, if the person is a citizen of the United States or is

 

otherwise eligible to be issued an operator's license or

 

chauffeur's license under section 307(1).

 

     (i) A person while operating a commercial motor vehicle who is

 

not disqualified from operating a commercial motor vehicle and who

 

holds a commercial driver license that is issued to him or her by

 

another state or jurisdiction under 49 CFR part 383.

 

     (j) A person with a mobility disability while operating a

 

power-driven mobility device. This subdivision does not apply to a

 

person with a mobility disability while operating a power-driven

 

mobility device on a street, road, or highway in this state.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless House Bill No. 5374 of the 99th Legislature is enacted into

 

law.