Bill Text: MI HB4251 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Traffic control: driver license; penalties for operating a vehicle while sending or receiving a message on an electronic wireless device; enhance. Amends secs. 319b, 320a & 320d of 1949 PA 300 (MCL 257.319b et seq.). TIE BAR WITH: HB 4250'23, HB 4252'23
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Passed) 2023-06-07 - Assigned Pa 39'23 With Immediate Effect [HB4251 Detail]
Download: Michigan-2023-HB4251-Introduced.html
HOUSE BILL NO. 4251
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 319, 319b, and 320a (MCL 257.319, 257.319b, and 257.320a), section 319 as amended by 2020 PA 376, section 319b as amended by 2015 PA 11, and section 320a as amended by 2018 PA 349.
the people of the state of michigan enact:
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Sec. 319. (1) The secretary of state shall immediately suspend an individual's license as provided in this section on receiving a
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record of a court order entered under section 602b suspending the individual's license or of the individual's conviction for a crime described in this section, whether the conviction is under a law of this state, a local ordinance that substantially corresponds to a law of this state, a law of another state that substantially corresponds to a law of this state, or, beginning October 31, 2010, a law of the United States that substantially corresponds to a law of this state.
(2) The secretary of state shall suspend the individual'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 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 individual convicted operated a motor vehicle and while operating the vehicle presented real or potential harm to individuals 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.
(d) A violation of section 602a(2) or (3) 602a or section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL 750.479a.
(e) Beginning October 31, 2010, a violation of section 601d.
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(3) The secretary of state shall suspend the individual'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).
(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.
(4) The secretary of state shall suspend the individual'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 that substantially corresponds to section 324(1), the secretary of state shall suspend the individual's license as follows:
(a) If the individual has no prior conviction for an offense described in this subsection within 7 years, for 90 days.
(b) If the individual 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 individual's license as follows:
(a) If the individual has no prior conviction for that offense
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within 7 years, for 90 days.
(b) If the individual has 1 or more prior convictions for that offense within 7 years, for 1 year.
(7) For a violation of section 624a or 624b, the secretary of state shall suspend the individual's license as follows:
(a) If the individual has 1 prior conviction for an offense described in section 624a or 624b, for 90 days. The secretary of state may issue the individual a restricted license after the first 30 days of suspension.
(b) If the individual has 2 or more prior convictions for an offense described in section 624a or 624b, for 1 year. The secretary of state may issue the individual a restricted license after the first 60 days of suspension.
(8) The secretary of state shall suspend the individual'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 individual has no prior convictions within 7 years. The secretary of state may issue the individual 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 individual has no prior convictions within 7 years. However, if the individual 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 individual's ability to operate the vehicle was visibly impaired, the secretary of state shall suspend the
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individual's license under this subdivision for 180 days. The secretary of state may issue the individual 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 individual has no prior convictions within 7 years. The secretary of state may issue the individual 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 individual 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 individual has no prior convictions within 7 years. The secretary of state may issue the individual a restricted license after the first 90 days of suspension.
(f) For 90 days for a violation of section 625m if the individual has no prior convictions within 7 years. The secretary of state may issue the individual a restricted license during all or a specified portion of the suspension.
(g) Beginning October 31, 2010, for 1 year for a violation of section 625(1)(c) if the individual has no prior convictions within 7 years or not more than 2 convictions within 10 years. The secretary of state may issue the individual a restricted license, except that the secretary of state shall not issue a restricted license during the first 45 days of suspension.
(h) Beginning October 31, 2010, the department shall order an individual 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
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sections 625k and 625l. The ignition interlock device may be removed after the interlock device provider provides the department with verification that the individual has operated the vehicle with no instances of reaching or exceeding a blood alcohol level of 0.025 grams per 210 liters of breath. This subdivision does not prohibit the removal of the ignition interlock device for any of the following:
(i) A start-up test failure that occurs within the first 2 months after installation of the device. As used in this subdivision, "start-up test failure" means that the ignition interlock device has prevented the motor vehicle from being started. Multiple unsuccessful attempts at 1 time to start the vehicle are treated as 1 start-up test failure only under this subparagraph.
(ii) A start-up test failure occurring more than 2 months after installation of the device, if not more than 15 minutes after detecting the start-up test failure the individual delivers a breath sample that the ignition interlock device analyzes as having an alcohol level of less than 0.025 grams per 210 liters of breath.
(iii) A retest prompted by the device, if not more than 5 minutes after detecting the retest failure the individual delivers a breath sample that the ignition interlock device analyzes as having an alcohol level of less than 0.025 grams per 210 liters of breath.
(i) 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
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suspension and restriction as prescribed under subdivision (g). This subdivision does not require an additional like period of suspension and restriction for any of the following:
(i) 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 the ignition interlock device has prevented the motor vehicle from being started. Multiple unsuccessful attempts at 1 time to start the vehicle are treated as 1 start-up test failure only under this subparagraph.
(ii) A start-up test failure occurring more than 2 months after installation of the device, if not more than 15 minutes after detecting the start-up test failure the individual delivers a breath sample that the ignition interlock device analyzes as having an alcohol level of less than 0.025 grams per 210 liters of breath.
(iii) Any retest prompted by the device, if not more than 5 minutes after detecting the retest failure the individual delivers a breath sample that the ignition interlock device analyzes as having an alcohol level of less than 0.025 grams per 210 liters of breath.
(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 individual's license as follows:
(a) If the individual has no prior conviction for an offense described in this subsection within 7 years, for 6 months.
(b) If the individual 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 individual's license for 6 months.
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(11) For 3 or more violations of section 602b within a 3-year period, the secretary of state shall suspend the individual's license for not more than 90 days as provided in a court order, if the court orders the individual's license suspended under section 602b.
(12) (11) Except as provided in subsection (13), (14), a suspension under this section must be imposed notwithstanding a court order unless the court order complies with section 323.
(13) (12) If the secretary of state receives records of more than 1 conviction of an individual that results from the same incident, a suspension must be imposed only for the violation to which the longest period of suspension applies under this section.
(14) (13) The secretary of state may waive a restriction, suspension, or revocation of an individual's license imposed under this act if the individual submits proof that a court in another state revoked, suspended, or restricted his or her the individual's 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.
(15) (14) The secretary of state shall not issue a restricted license to an individual whose license is suspended under this section unless a restricted license is authorized under this section and the individual is otherwise eligible for a license.
(16) (15) The secretary of state shall not issue a restricted license to an individual under subsection (8) that would permit the individual to operate a commercial motor vehicle.
(17) (16) Except as provided in subsection (15), (16), a
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restricted license issued under this section must permit the individual 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 individual's employment or occupation.
(b) To and from any combination of the following:
(i) The individual's residence.
(ii) The individual'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 individual is enrolled as a student.
(vii) A place of regularly occurring medical treatment for a serious condition for the individual or a member of the individual's household or immediate family.
(viii) An ignition interlock service provider as required.
(18) (17) While driving with a restricted license, the individual shall carry proof of his or her the individual's destination and the hours of any employment, class, or other reason for traveling and shall display that proof on a peace officer's request.
(19) (18) Subject to subsection (20), (21), 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 that substantially corresponds to a law of this state, or a law of another state that substantially corresponds to a law of this
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state:
(a) Except as provided in subsection (19), (20), 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 that results from the operation of a vehicle or an attempt to commit any of those crimes.
(c) Beginning October 31, 2010, a violation of section 601d or section 626(3) or (4).
(20) (19) 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 that substantially corresponds to section 625(6), or a law of another state that substantially corresponds to section 625(6) may be used as a prior conviction.
(21) (20) If 2 or more convictions described in subsection (18) (19) are convictions for violations arising out of the same transaction, only 1 conviction must be used to determine whether the individual has a prior conviction.
(22) (21) Any period of suspension or restriction required under this section is not subject to appeal to the secretary of state.
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Sec. 319b. (1) The secretary of state shall immediately suspend or revoke, as applicable, all commercial learners permits or vehicle group designations on the operator's or chauffeur's license of a person an individual upon receiving notice of a conviction, bond forfeiture, or civil infraction determination of the person, individual, or notice that a court or administrative tribunal has found the person individual 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 individual 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 individual has refused to submit to a chemical test of his or her the individual's 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 individual's blood, breath, or urine while the person individual 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, to run consecutively with any commercial driver license action imposed under this section, if the person individual 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.
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(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.
(v) (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) , or (iv). , or (v).
(vi) (vii) A violation of commercial motor vehicle fraudulent testing law.
(b) Suspension for 120 days, to be served consecutively with a 60-day suspension imposed under subdivision (a)(i), if the person individual 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, to run consecutively with any commercial driver license action imposed under this section, if the person individual 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.individual.
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(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 the individual's blood, breath, or urine to determine the amount of alcohol or presence of a controlled substance or both in his or her the individual's blood, breath, or urine while he or she the individual was operating a commercial or noncommercial motor vehicle as required by a law or local ordinance of this state or another state.
(v) 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) 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 violation of commercial motor vehicle fraudulent testing law.
(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, to run consecutively with any commercial driver license action imposed under this section, if the person individual is convicted of or found responsible for an offense enumerated in subdivision (c)(i) to (vi) in which a commercial motor vehicle was used if the vehicle was carrying hazardous material required to have a placard under 49 CFR parts
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100 to 199.
(e) Revocation for life, to run consecutively with any commercial driver license action imposed under this section, 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 individual 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 the individual's 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 the individual's blood while he or she the individual was operating a commercial or noncommercial motor vehicle in this state or another state.
(v) 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) Causing a fatality through the negligent or criminal
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operation of a commercial motor vehicle, including, but not limited to, the crimes of motor vehicle manslaughter, motor vehicle homicide, and negligent homicide.
(f) Revocation for life if a person an individual 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 an individual with a vehicle group designation upon receiving notice from a federal government agency that the person individual 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 individual does not pose a security risk in the transportation of hazardous materials.
(3) The secretary of state shall immediately suspend or revoke, as applicable, all commercial learners permits or vehicle
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group designations on a person's an individual's operator's or chauffeur's license upon receiving notice of a conviction, bond forfeiture, or civil infraction determination of the person, individual, or notice that a court or administrative tribunal has found the person individual 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, the United Mexican States, 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, which shall that must run consecutively with any commercial driver license action imposed under this section, is as follows:
(a) Suspension for 180 days if the person individual 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 individual 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 2 years if the person individual 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 individual is convicted of or found responsible for 3 or more violations, in any
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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 individual 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 an individual 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 an individual responsible for a violation described in this subsection while the person individual was
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operating a noncommercial motor vehicle counts against the person individual who holds a license to operate a commercial motor vehicle the same as if the person individual 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 the individual's 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 individual'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 individual convicted operated a commercial motor vehicle and while the person individual was operating the vehicle 1 or more of the following
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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 an individual died.
(ii) Reckless driving.
(iii) Excessive speeding as defined in regulations promulgated under 49 USC 31301 to 31317.
(iv) Improper lane use.
(v) Following too closely.
(vi) Operating a commercial motor vehicle without obtaining any vehicle group designation on the person's individual's license.
(vii) Operating a commercial motor vehicle without either having an operator's or chauffeur's license in the person's individual's possession or providing proof to the court, not later than the date by which the person individual must appear in court or pay a fine for the violation, that the person individual held a valid vehicle group designation and indorsement on the date that the citation was issued.
(viii) Operating 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
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transported.
(ix) Beginning October 28, 2013, a violation of section 602b(2) or (3) or, beginning on the effective date of the amendatory act that added section 602b(8), a violation of section 602b.
(x) Any other serious traffic violation as defined in 49 CFR 383.5 or as prescribed under this act.
Sec. 320a. (1) Within 5 days after receipt of a properly prepared abstract from a court of this state or another state, the secretary of state shall record the date of conviction, civil infraction determination, or probate court disposition, and the number of points for each, based on the following formula, except as otherwise provided in this section and section 629c:
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(a) Manslaughter, negligent homicide, or a felony resulting from the operation of a motor vehicle, ORV, or snowmobile........................ |
6 points |
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(b) A violation of section 601b(2) or (3), 601c(1) or (2), or 653a(3) or (4) or, beginning October 31, 2010, a violation of section 601d...... |
6 points |
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(c) A violation of section 625(1), (4), (5), (7), or (8), section 81134 or 82127(1) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81134 and 324.82127, or a law or ordinance substantially corresponding to section 625(1), (4), (5), (7), or (8), or section 81134 or 82127(1) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81134 and 324.82127.......................................... |
6 points |
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(d) Failing to stop and disclose identity at the scene of an accident when required by law...... |
6 points |
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(e) Operating a motor vehicle in violation of section 626........................................ |
6 points |
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(f) Fleeing or eluding an officer............. |
6 points |
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(g) A violation of section 627(6) pertaining to speed in a work zone described in that section by exceeding the lawful maximum by more than 15 miles per hour........................................... |
5 points |
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(h) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 15 miles per hour..................... |
4 points |
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(i) A violation of section 625(3) or (6), section 81135 or 82127(3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81135 and 324.82127, or a law or ordinance substantially corresponding to section 625(3) or (6) or section 81135 or 82127(3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81135 and 324.82127................... |
4 points |
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(j) A violation of section 626a or a law or ordinance substantially corresponding to section 626a............................................... |
4 points |
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(k) A violation of section 627(6) pertaining to speed in a work zone described in that section by exceeding the lawful maximum by more than 10 but not more than 15 miles per hour........................ |
4 points |
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(l) Beginning October 31, 2010, a moving violation resulting in an at-fault collision with another vehicle, a person, an individual, or any other object..... |
4 points |
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(m) Careless driving in violation of section 626b or a law or ordinance substantially corresponding to section 626b...................... |
3 points |
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(n) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 10 miles per hour but not more than 15 miles per hour..................................... |
3 points |
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(o) A violation of section 653a(2)............ |
2 points |
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(p) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 5 miles per hour but not more than 10 miles per hour..................................... |
2 points |
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(q) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 1 mile per hour but not more than 5 miles per hour..................................... |
1 point |
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(r) Disobeying a traffic signal or stop sign, or improper passing................................ |
3 points |
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(s) A violation of section 624a, 624b, or a law or ordinance substantially corresponding to section 624a or 624b............................... |
2 points |
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(t) A violation of section 310e(4) or (6) or a law or ordinance substantially corresponding to section 310e(4) or (6)............................. |
2 points |
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(u) All other moving violations pertaining to the operation of motor vehicles reported under this section............................................ |
2 points |
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(v) A refusal by a person an individual less than 21 years of age to submit to a preliminary breath test required by a peace officer under section 625a..... |
2 points |
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(w) A violation of section 627(6) pertaining to speed in a work zone described in that section by exceeding the lawful maximum by 10 miles per hour or less............................................... |
3 points |
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(x) A third or subsequent violation of section 602b............................................... |
2 points |
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(y) A second violation of section 602b........ |
1 point |
(2) Points shall must not be entered for a violation of section 310e(14), 311, 602b(1), 602c, 625m, 658, 710d, 717, 719, 719a, or 723.
(3) Points shall must not be entered for bond forfeitures.
(4) Points shall must not be entered for overweight loads or for defective equipment.
(5) If more than 1 conviction, civil infraction determination, or probate court disposition results from the same incident, points shall must be entered only for the violation that receives the highest number of points under this section.
(6) If a person an individual has accumulated 9 points as provided in this section, the secretary of state may call the person individual in for an interview as to the person's individual's driving ability and record after due notice as to time and place of the interview. If the person individual fails to appear as provided in this subsection, the secretary of state shall add 3 points to the person's individual's record.
(7) If a person an individual violates a speed restriction
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established by an executive order issued during a state of energy emergency as provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of state shall enter points for the violation under subsection (1).
(8) The secretary of state shall enter 6 points upon the record of a person an individual whose license is suspended or denied under section 625f. However, if a conviction, civil infraction determination, or probate court disposition results from the same incident, additional points for that offense shall must not be entered.
(9) If a Michigan driver commits a violation in another state that would be a civil infraction if committed in Michigan, this state, and a conviction results solely because of the failure of the Michigan driver to appear in that state to contest the violation, upon receipt of the abstract of conviction by the secretary of state, the violation shall must be noted on the Michigan driver's record, but no points shall must not be assessed against his or her the Michigan driver's license.
Enacting section 1. This amendatory act takes effect 180 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:
(a) Senate Bill No.____ or House Bill No. 4250 (request no. 01411'23).
(b) Senate Bill No.____ or House Bill No. 4252 (request no. 01413'23).
