Bill Text: MI SB0390 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Traffic control; driver license; motorcycle endorsement for operation of an autocycle; eliminate. Amends secs. 312a & 312b of 1949 PA 300 (MCL 257.312a & 257.312b).
Spectrum: Strong Partisan Bill (Republican 10-1)
Status: (Passed) 2013-12-03 - Assigned Pa 0177'13 With Immediate Effect [SB0390 Detail]
Download: Michigan-2013-SB0390-Introduced.html
SENATE BILL No. 390
Introduced by Senators MOOLENAAR, BOOHER, BIEDA, CASPERSON, EMMONS, SCHUITMAKER, ROBERTSON, WALKER, BRANDENBURG, HANSEN, KOWALL and PAVLOV.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 312a and 312b (MCL 257.312a and 257.312b),
section 312b as amended by 2004 PA 362.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 312a. (1) A person, before operating a motorcycle, other
than an autocycle, upon a public street or highway in this state,
shall
procure a motorcycle indorsement on the his or her operator's
or chauffeur's license. The license shall be issued, suspended,
revoked, canceled, or renewed in accordance with and governed by
this act.
(2) A person, before operating a moped upon a highway shall
procure a special restricted license to operate a moped unless the
person has a valid operator's or chauffeur's license. A special
restricted license to operate a moped may be issued to a person 15
years of age or older if the person satisfies the secretary of
state that he is competent to operate a moped with safety. The
secretary of state shall not require a road test before issuance of
a special restricted license to operate a moped.
(3) A special restricted license to operate a moped shall
expire on the birthday of the person to whom it is issued in the
fourth year following the date of issuance. A license shall not be
issued for a period longer than 4 years. A person issued a license
to operate a moped shall pay $7.50 for an original license and
$6.00 for a renewal license. The money received and collected under
this subsection shall be deposited in the state treasury to the
credit of the general fund. The secretary of state shall refund out
of the fees collected to each county or municipality, acting as an
examining officer, $2.50 for each applicant examined for an
original license and $1.00 for a renewal license.
Sec. 312b. (1) Before a person who is less than 18 years of
age is issued an original motorcycle endorsement on an operator's
or chauffeur's license, the person shall pass an examination as
required by this section and a motorcycle safety course as provided
in section 811a or 811b.
(2) Before a person who is 18 years of age or older is issued
an original motorcycle endorsement on an operator's or chauffeur's
license, the person shall pass an examination as required by this
section. A person who fails this examination 2 or more times is
required to successfully complete a motorcycle safety course as
provided in section 811a or 811b. Each written examination given an
applicant for a motorcycle endorsement on an operator's or
chauffeur's license as provided in section 309 shall also include
subjects designed to cover a motorcycle. A person shall pass an
examination that shall include a driving test designed to test the
competency of the applicant for the first motorcycle endorsement on
an operator's or chauffeur's license to operate a motorcycle upon
the roads and highways of this state with safety to himself or
herself and other persons and property. All examinations shall be
administered as provided in this act. The requirement of a
motorcycle driving skills test shall be waived for an applicant who
has successfully completed a motorcycle safety course conducted by
a school or business enterprise as provided in section 811a or
811b. The motorcycle safety course skills test shall meet or exceed
the motorcycle skills test from the secretary of state. The
requirement of a motorcycle driving skills test may be waived if
the applicant has a valid license or endorsement to operate a
motorcycle from another state.
(3) A motorcycle endorsement issued to a person who operates a
3-wheeled
motorcycle or an other
than an autocycle shall be is
restricted to operation of that type of motorcycle and does not
permit operation of a 2-wheeled motorcycle. The secretary of state
shall develop a driving test specifically pertaining to an
autocycle or to a 3-wheeled motorcycle other than an autocycle.
(4) The secretary of state is responsible for establishing and
conducting the motorcycle operator driving skills test and shall
promulgate rules under the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328, for purposes of this subsection.
An audit of the motorcycle safety fund shall be conducted by the
office of the auditor general to determine compliance with the
requirement that funds are being withdrawn only in relation to this
act. A copy of the audit shall be transmitted to the legislature
upon completion.
(5) The secretary of state may enter into an agreement with
another public or private corporation or agency to conduct a
driving skills test required under this section. 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. In an agreement with another public or
private corporation or agency to conduct a driving skills test
under this section, the secretary of state shall prescribe the
method and examination criteria to be followed by the corporation,
agency, or examiner when conducting the driving skills test and the
form of the certification to be issued to a person who
satisfactorily completes a driving skills test. For administering
and overseeing a third party motorcycle testing program, the
secretary of state shall be reimbursed from the motorcycle safety
fund a total amount that does not exceed 50% of the department's
1995-1996 fiscal year appropriation for motorcycle testing under
this section.
(6) A person who corrupts or attempts to corrupt a
corporation, agency, or examiner that conducts a driving skills
test under an agreement entered into with the secretary of state
under this section by giving, offering, or promising any gift or
gratuity with the intent to influence the opinion or decision of
the corporation, agency, or examiner conducting the driving skills
test is guilty of a felony.
(7) A designated examining officer appointed or designated by
the secretary of state who conducts a driving skills test under an
agreement entered into under this section and who varies from,
shortens, or in any other way changes the method or examination
criteria prescribed to be followed under that agreement in
conducting a driving skills test under this section is guilty of a
felony.
(8) A person who forges, counterfeits, or alters a
satisfactorily completed driving skills test certification issued
by a designated examining officer appointed or designated by the
secretary of state under this section is guilty of a felony.
