HOUSE BILL No. 5227 October 7, 1997, Introduced by Rep. DeHart and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 309 (MCL 257.309), as amended by 1996 PA 551. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 309. (1) Before issuing a license, the secretary of 2 state shall examine each applicant for an operator's or 3 chauffeur's license who at the time of the application is not the 4 holder of a valid, unrevoked operator's or chauffeur's license 5 under a law of this state providing for the licensing of 6 drivers. In all other cases, the secretary of state may waive 7 the examination, except that an examination shall not be waived 8 if it appears from the application, from the apparent physical or 9 mental condition of the applicant, or from any other information 10 which has come to the secretary of state from another source, 02159'97 TJS 2 1 that the applicant does not possess the physical, mental or other 2 qualifications necessary to operate a motor vehicle in a manner 3 as not to jeopardize the safety of persons or property; or that 4 the applicant is not entitled to a license under section 303. A 5 licensee who applies for the renewal of his or her license by 6 mail pursuant to section 307 shall be required to certify to his 7 or her physical capability to operate a motor vehicle. 8 (2) Sheriffs, their deputies and the chiefs of police of 9 cities and villages having organized police departments within 10 this state and their duly authorized representatives, and employ- 11 ees of the secretary of state may be appointed examining officers 12 for the purpose of examining applicants for operator's and 13 chauffeur's licenses by the secretary of state. An examining 14 officer shall conduct examinations of applicants for operator's 15 and chauffeur's licenses, under this chapter, and in accordance 16 with the rules promulgated by the secretary of state under sub- 17 section (3). After conducting an examination an examining offi- 18 cer shall make a written report of his or her findings and recom- 19 mendations to the secretary of state. 20 (3) The secretary of state shall promulgate rules pursuant 21 to the administrative procedures act of 1969,Act No. 306 of the22Public Acts of 1969, being sections 24.201 to 24.328 of the23Michigan Compiled Laws1969 PA 306, MCL 24.201 TO 24.328, for 24 the examination of the applicant's physical and mental qualifica- 25 tions to operate a motor vehicle in a manner as not to jeopardize 26 the safety of persons or property, and shall ascertain whether 27 facts exist which would bar the issuance of a license under 02159'97 3 1 section 303. The secretary of state shall also ascertain whether 2 the applicant has sufficient knowledge of the English language to 3 understand highway warnings or direction signs written in that 4 language. The examination shall not include investigation of 5 facts other than those facts directly pertaining to the ability 6 of the applicant to operate a motor vehicle with safety or facts 7 declared to be prerequisite to the issuance of a license under 8 this act. 9 (4) An original operator's or chauffeur's license without a 10 vehicle group designation or indorsement shall not be issued by 11 the secretary of state without an examination which shall include 12 a behind-the-wheel road test conducted by the secretary of state 13 or by a designated examining officer under subsection (2) or 14 section 310e. The secretary of state may enter into an ANNUAL 15 agreement with another public or private person or agency to con- 16 duct a behind-the-wheel road test conducted under this section. 17 The fee for a behind-the-wheel road test for an operator's or a 18 chauffeur's license conducted by the secretary of state shall be 19 $11.00. An original vehicle group designation or indorsement 20 shall not be issued by the secretary of state without a knowledge 21 test conducted by the secretary of state. Except as provided in 22 section 312f(1), an original vehicle group designation or passen- 23 ger indorsement shall not be issued by the secretary of state 24 without a behind-the-wheel road test conducted by an examiner 25 appointed or authorized by the secretary of state. While in the 26 course of taking a behind-the-wheel road test conducted by the 27 examiner who shall occupy a seat beside the applicant, an 02159'97 4 1 applicant for an original vehicle group designation or passenger 2 indorsement who has been issued a temporary instruction permit to 3 operate a commercial motor vehicle shall be permitted to operate 4 a vehicle requiring a vehicle group designation or passenger 5 indorsement without a person licensed to operate a commercial 6 motor vehicle occupying a seat beside him or her. The fee for a 7 behind-the-wheel road test for a vehicle group designation or 8 indorsement shall be$60.00$40.00. A refund shall not be 9 given to an applicant who fails a behind-the-wheel road test. 10 HOWEVER, IF THE APPLICANT TAKES THE BEHIND-THE-WHEEL ROAD TEST A 11 SECOND OR SUBSEQUENT TIME FROM THE SAME PRIVATE PERSON OR AGENCY, 12 A FEE SHALL NOT BE CHARGED. 13 (5) Except as otherwise provided in this act, the secretary 14 of state may waive the requirement of a behind-the-wheel road 15 test, knowledge test, or road sign test of an applicant for an 16 original operator's or chauffeur's license without a vehicle 17 group designation or indorsement who at the time of the applica- 18 tion is the holder of a valid, unrevoked operator's or 19 chauffeur's license issued by another state or country. 02159'97 Final page. TJS