| 1 | 1 | | HOUSE BILL NO. 4390 A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 43b and 319b (MCL 257.43b and 257.319b), section 43b as added by 2016 PA 243 and section 319b as amended by 2023 PA 39, and by adding section 36d. the people of the state of michigan enact: Sec. 36d. "Other bodily fluid" means fluid from the human body capable of revealing the presence of controlled substances or their metabolites including, but not limited to, oral fluid. Sec. 43b. "Preliminary oral fluid analysis" means the on-site taking of a preliminary oral fluid test, performed by a certified drug recognition expert, as that term is defined in section 625t, peace officer, from the oral fluid of a person for the purpose of detecting the presence of a controlled substance, as that term is defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104. 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 an individual upon receiving notice of a conviction, bond forfeiture, or civil infraction determination of the individual, or notice that a court or administrative tribunal has found the 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 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 individual has refused to submit to a chemical test of the individual's blood, breath, or urine, or other bodily fluid for the purpose of determining the amount of alcohol or presence of a controlled substance or both in the individual's blood, breath, or urine, or other bodily fluid while the 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 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. (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 while operating a commercial motor vehicle other than a vehicle covered under subparagraph (iii) or (iv). (vi) 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 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 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), or 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 individual. (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 the individual's blood, breath, or urine, or other bodily fluid to determine the amount of alcohol or presence of a controlled substance or both in the individual's blood, breath, or urine, or other bodily fluid while 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 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 100 105 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 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), or 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 the individual's blood, breath, or urine, or other bodily fluid for the purpose of determining the amount of alcohol or presence of a controlled substance or both in the individual's blood while 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 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 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 endorsement on the operator's or chauffeur's license of an individual with a vehicle group designation upon receiving notice from a federal government agency that the 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) 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 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 group designations on an individual's operator's or chauffeur's license upon receiving notice of a conviction, bond forfeiture, or civil infraction determination of the individual, or notice that a court or administrative tribunal has found the 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, that must run consecutively with any commercial driver license action imposed under this section, is as follows: (a) Suspension for 180 days if the 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 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 100 105 to 199 or designed to carry 16 or more passengers, including the driver. (c) Suspension for 2 years if the 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 individual 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 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 100 105 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 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 endorsement 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 an individual responsible for a violation described in this subsection while the individual was operating a noncommercial motor vehicle counts against the individual who holds a license to operate a commercial motor vehicle the same as if the 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 the individual's blood, breath, or urine, or other bodily fluid for the purpose of determining the amount of alcohol or the presence of a controlled substance or both in the individual's blood, breath, or urine, or other bodily fluid 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 individual convicted operated a commercial motor vehicle and while the individual 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 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 individual's license. (vii) Operating a commercial motor vehicle without either having an operator's or chauffeur's license in the individual's possession or providing proof to the court, not later than the date by which the individual must appear in court or pay a fine for the violation, that the individual held a valid vehicle group designation and indorsement endorsement 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 endorsement required for the specific vehicle group being operated or the passengers or type of cargo being 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(2). (x) Any other serious traffic violation as defined in 49 CFR 383.5 or as prescribed under this act. 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. 4391 (request no. H02293'25) of the 103rd Legislature is enacted into law. |
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| 2 | 2 | | |
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| 3 | 3 | | HOUSE BILL NO. 4390 |
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| 4 | 4 | | |
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| 5 | 5 | | A bill to amend 1949 PA 300, entitled |
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| 6 | 6 | | |
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| 7 | 7 | | "Michigan vehicle code," |
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| 8 | 8 | | |
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| 9 | 9 | | by amending sections 43b and 319b (MCL 257.43b and 257.319b), section 43b as added by 2016 PA 243 and section 319b as amended by 2023 PA 39, and by adding section 36d. |
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| 10 | 10 | | |
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| 11 | 11 | | the people of the state of michigan enact: |
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| 12 | 12 | | |
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| 13 | 13 | | Sec. 36d. "Other bodily fluid" means fluid from the human body capable of revealing the presence of controlled substances or their metabolites including, but not limited to, oral fluid. |
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| 14 | 14 | | |
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| 15 | 15 | | Sec. 43b. "Preliminary oral fluid analysis" means the on-site taking of a preliminary oral fluid test, performed by a certified drug recognition expert, as that term is defined in section 625t, peace officer, from the oral fluid of a person for the purpose of detecting the presence of a controlled substance, as that term is defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104. |
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| 16 | 16 | | |
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| 17 | 17 | | 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 an individual upon receiving notice of a conviction, bond forfeiture, or civil infraction determination of the individual, or notice that a court or administrative tribunal has found the 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 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 individual has refused to submit to a chemical test of the individual's blood, breath, or urine, or other bodily fluid for the purpose of determining the amount of alcohol or presence of a controlled substance or both in the individual's blood, breath, or urine, or other bodily fluid while the 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: |
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| 18 | 18 | | |
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| 19 | 19 | | (a) Suspension for 60 days, to run consecutively with any commercial driver license action imposed under this section, if the individual is convicted of or found responsible for 1 of the following while operating a commercial motor vehicle: |
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| 20 | 20 | | |
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| 21 | 21 | | (i) Two serious traffic violations arising from separate incidents within 36 months. |
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| 22 | 22 | | |
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| 23 | 23 | | (ii) A violation of section 667, 668, 669, or 669a. |
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| 24 | 24 | | |
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| 25 | 25 | | (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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| 26 | 26 | | |
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| 27 | 27 | | (iv) A violation of section 57 of the pupil transportation act, 1990 PA 187, MCL 257.1857. |
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| 28 | 28 | | |
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| 29 | 29 | | (v) 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). |
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| 30 | 30 | | |
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| 31 | 31 | | (vi) A violation of commercial motor vehicle fraudulent testing law. |
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| 32 | 32 | | |
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| 33 | 33 | | (b) Suspension for 120 days, to be served consecutively with a 60-day suspension imposed under subdivision (a)(i), if the 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: |
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| 34 | 34 | | |
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| 35 | 35 | | (i) Three serious traffic violations. |
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| 36 | 36 | | |
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| 37 | 37 | | (ii) Any combination of 2 violations described in subdivision (a)(ii). |
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| 38 | 38 | | |
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| 39 | 39 | | (c) Suspension for 1 year, to run consecutively with any commercial driver license action imposed under this section, if the individual is convicted of or found responsible for 1 of the following: |
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| 40 | 40 | | |
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| 41 | 41 | | (i) A violation of section 625(1), (3), (4), (5), (6), (7), or (8), or section 625m, or former section 625(1) or (2), or former section 625b, while operating a commercial or noncommercial motor vehicle. |
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| 42 | 42 | | |
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| 43 | 43 | | (ii) Leaving the scene of an accident involving a commercial or noncommercial motor vehicle operated by the individual. |
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| 44 | 44 | | |
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| 45 | 45 | | (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. |
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| 46 | 46 | | |
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| 47 | 47 | | (iv) A refusal of a peace officer's request to submit to a chemical test of the individual's blood, breath, or urine, or other bodily fluid to determine the amount of alcohol or presence of a controlled substance or both in the individual's blood, breath, or urine, or other bodily fluid while the individual was operating a commercial or noncommercial motor vehicle as required by a law or local ordinance of this state or another state. |
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| 48 | 48 | | |
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| 49 | 49 | | (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. |
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| 50 | 50 | | |
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| 51 | 51 | | (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. |
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| 52 | 52 | | |
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| 53 | 53 | | (vii) A violation of commercial motor vehicle fraudulent testing law. |
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| 54 | 54 | | |
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| 55 | 55 | | (viii) Any combination of 3 violations described in subdivision (a)(ii) arising from separate incidents within 36 months while operating a commercial motor vehicle. |
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| 56 | 56 | | |
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| 57 | 57 | | (d) Suspension for 3 years, to run consecutively with any commercial driver license action imposed under this section, if the 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 100 105 to 199. |
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| 58 | 58 | | |
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| 59 | 59 | | (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 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: |
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| 60 | 60 | | |
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| 61 | 61 | | (i) Section 625(1), (3), (4), (5), (6), (7), or (8), or section 625m, or former section 625(1) or (2), or former section 625b, while operating a commercial or noncommercial motor vehicle. |
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| 62 | 62 | | |
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| 63 | 63 | | (ii) Leaving the scene of an accident involving a commercial or noncommercial motor vehicle operated by the licensee. |
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| 64 | 64 | | |
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| 65 | 65 | | (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. |
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| 66 | 66 | | |
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| 67 | 67 | | (iv) A refusal of a request of a police officer to submit to a chemical test of the individual's blood, breath, or urine, or other bodily fluid for the purpose of determining the amount of alcohol or presence of a controlled substance or both in the individual's blood while the individual was operating a commercial or noncommercial motor vehicle in this state or another state. |
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| 68 | 68 | | |
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| 69 | 69 | | (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. |
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| 70 | 70 | | |
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| 71 | 71 | | (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. |
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| 72 | 72 | | |
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| 73 | 73 | | (f) Revocation for life if an individual is convicted of or found responsible for any of the following: |
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| 74 | 74 | | |
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| 75 | 75 | | (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. |
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| 76 | 76 | | |
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| 77 | 77 | | (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). |
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| 78 | 78 | | |
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| 79 | 79 | | (iii) A conviction of a violation of chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z. |
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| 80 | 80 | | |
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| 81 | 81 | | (2) The secretary of state shall immediately deny, cancel, or revoke a hazardous material indorsement endorsement on the operator's or chauffeur's license of an individual with a vehicle group designation upon receiving notice from a federal government agency that the 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) 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 individual does not pose a security risk in the transportation of hazardous materials. |
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| 82 | 82 | | |
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| 83 | 83 | | (3) The secretary of state shall immediately suspend or revoke, as applicable, all commercial learners permits or vehicle group designations on an individual's operator's or chauffeur's license upon receiving notice of a conviction, bond forfeiture, or civil infraction determination of the individual, or notice that a court or administrative tribunal has found the 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, that must run consecutively with any commercial driver license action imposed under this section, is as follows: |
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| 84 | 84 | | |
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| 85 | 85 | | (a) Suspension for 180 days if the individual is convicted of or found responsible for a violation of section 319d(4) or 319f while operating a commercial motor vehicle. |
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| 86 | 86 | | |
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| 87 | 87 | | (b) Suspension for 180 days if the 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 100 105 to 199 or designed to carry 16 or more passengers, including the driver. |
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| 88 | 88 | | |
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| 89 | 89 | | (c) Suspension for 2 years if the 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. |
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| 90 | 90 | | |
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| 91 | 91 | | (d) Suspension for 3 years if the individual 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. |
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| 92 | 92 | | |
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| 93 | 93 | | (e) Suspension for 3 years if the 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 100 105 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. |
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| 94 | 94 | | |
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| 95 | 95 | | (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. |
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| 96 | 96 | | |
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| 97 | 97 | | (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 an individual has violated the law is considered a conviction. |
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| 98 | 98 | | |
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| 99 | 99 | | (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 endorsement 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. |
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| 100 | 100 | | |
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| 101 | 101 | | (7) A conviction, bond forfeiture, or civil infraction determination, or notice that a court or administrative tribunal has found an individual responsible for a violation described in this subsection while the individual was operating a noncommercial motor vehicle counts against the individual who holds a license to operate a commercial motor vehicle the same as if the 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: |
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| 102 | 102 | | |
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| 103 | 103 | | (a) Operating a vehicle in violation of section 625. |
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| 104 | 104 | | |
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| 105 | 105 | | (b) Refusing to submit to a chemical test of the individual's blood, breath, or urine, or other bodily fluid for the purpose of determining the amount of alcohol or the presence of a controlled substance or both in the individual's blood, breath, or urine, or other bodily fluid as required by a law or local ordinance of this or another state. |
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| 106 | 106 | | |
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| 107 | 107 | | (c) Leaving the scene of an accident. |
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| 108 | 108 | | |
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| 109 | 109 | | (d) Using a vehicle to commit a felony. |
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| 110 | 110 | | |
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| 111 | 111 | | (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. |
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| 112 | 112 | | |
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| 113 | 113 | | (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. |
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| 114 | 114 | | |
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| 115 | 115 | | (10) As used in this section: |
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| 116 | 116 | | |
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| 117 | 117 | | (a) "Felony in which a commercial motor vehicle was used" means a felony during the commission of which the individual convicted operated a commercial motor vehicle and while the individual was operating the vehicle 1 or more of the following circumstances existed: |
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| 118 | 118 | | |
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| 119 | 119 | | (i) The vehicle was used as an instrument of the felony. |
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| 120 | 120 | | |
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| 121 | 121 | | (ii) The vehicle was used to transport a victim of the felony. |
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| 122 | 122 | | |
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| 123 | 123 | | (iii) The vehicle was used to flee the scene of the felony. |
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| 124 | 124 | | |
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| 125 | 125 | | (iv) The vehicle was necessary for the commission of the felony. |
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| 126 | 126 | | |
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| 127 | 127 | | (b) "Serious traffic violation" means any of the following: |
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| 128 | 128 | | |
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| 129 | 129 | | (i) A traffic violation that occurs in connection with an accident in which an individual died. |
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| 130 | 130 | | |
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| 131 | 131 | | (ii) Reckless driving. |
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| 132 | 132 | | |
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| 133 | 133 | | (iii) Excessive speeding as defined in regulations promulgated under 49 USC 31301 to 31317. |
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| 134 | 134 | | |
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| 135 | 135 | | (iv) Improper lane use. |
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| 136 | 136 | | |
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| 137 | 137 | | (v) Following too closely. |
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| 138 | 138 | | |
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| 139 | 139 | | (vi) Operating a commercial motor vehicle without obtaining any vehicle group designation on the individual's license. |
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| 140 | 140 | | |
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| 141 | 141 | | (vii) Operating a commercial motor vehicle without either having an operator's or chauffeur's license in the individual's possession or providing proof to the court, not later than the date by which the individual must appear in court or pay a fine for the violation, that the individual held a valid vehicle group designation and indorsement endorsement on the date that the citation was issued. |
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| 142 | 142 | | |
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| 143 | 143 | | (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 endorsement required for the specific vehicle group being operated or the passengers or type of cargo being transported. |
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| 144 | 144 | | |
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| 145 | 145 | | (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(2). |
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| 146 | 146 | | |
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| 147 | 147 | | (x) Any other serious traffic violation as defined in 49 CFR 383.5 or as prescribed under this act. |
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| 148 | 148 | | |
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| 149 | 149 | | Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. |
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| 150 | 150 | | |
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| 151 | 151 | | Enacting section 2. This amendatory act does not take effect unless House Bill No. 4391 (request no. H02293'25) of the 103rd Legislature is enacted into law. |
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