January 30, 2007, Introduced by Senators GARCIA and RICHARDVILLE and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 319, 634, 649, and 650 (MCL 257.319, 257.634,
257.649, and 257.650), section 319 as amended by 2004 PA 362 and
section 634 as amended by 1988 PA 346.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 319. (1) The secretary of state shall immediately suspend
a person's license as provided in this section upon receiving a
record of the person's conviction for a crime described in this
section, whether the conviction is under a law of this state, a
local ordinance substantially corresponding to a law of this state,
or a law of another state substantially corresponding to a law of
this state.
(2) The secretary of state shall suspend the person'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 violation of section 1 of former 1931 PA 214, MCL
752.191, or section 626c.
(d) 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 person convicted operated
a motor vehicle and while operating the vehicle presented real or
potential harm to persons 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.
(e)
A violation of section 602a(2) or (3) of this act or
section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL
750.479a.
(3) The secretary of state shall suspend the person'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
626, or section 653a(3).
(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.
(d) A violation of section 703(2) of the Michigan liquor
control code of 1998, 1998 PA 58, MCL 436.1703.
(4) The secretary of state shall suspend the person'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 substantially corresponding to section 324(1), the
secretary shall suspend the person's license as follows:
(a) If the person has no prior conviction for an offense
described in this subsection within 7 years, for 90 days.
(b) If the person 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
person's license as follows:
(a) If the person has no prior conviction for that offense
within 7 years, for 90 days.
(b) If the person has 1 or more prior convictions for that
offense within 7 years, for 1 year.
(7) For a violation of section 624a or 624b of this act or
section 703(1) of the Michigan liquor control code of 1998, 1998 PA
58, MCL 436.1703, the secretary of state shall suspend the person's
license as follows:
(a) If the person has 1 prior conviction for an offense
described in this subsection or section 33b(1) of former 1933 (Ex
Sess) PA 8, for 90 days. The secretary of state may issue the
person a restricted license after the first 30 days of suspension.
(b) If the person has 2 or more prior convictions for an
offense described in this subsection or section 33b(1) of former
1933 (Ex Sess) PA 8, for 1 year. The secretary of state may issue
the person a restricted license after the first 60 days of
suspension.
(8) The secretary of state shall suspend the person'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) if
the person has no prior convictions within 7 years. The secretary
of state may issue the person 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
person has no prior convictions within 7 years. However, if the
person 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
person's ability to operate the vehicle was visibly impaired, the
secretary of state shall suspend the person's license under this
subdivision for 180 days. The secretary of state may issue the
person 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
person has no prior convictions within 7 years. The secretary of
state may issue the person 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
person 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
person has no prior convictions within 7 years. The secretary of
state may issue the person a restricted license after the first 90
days of suspension.
(f) For 90 days for a violation of section 625m if the person
has no prior convictions within 7 years. The secretary of state may
issue the person a restricted license during all or a specified
portion of the suspension.
(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 person's license as follows:
(a) If the person has no prior conviction for an offense
described in this subsection within 7 years, for 6 months.
(b) If the person 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 person's license for 6 months.
(11) For a violation or attempted violation of section 411a(2)
of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a
school, the secretary of state shall suspend the license of a
person 14 years of age or over but less than 21 years of age until
3 years after the date of the conviction or juvenile disposition
for the violation. The secretary of state may issue the person a
restricted license after the first 365 days of suspension.
(12) The secretary of state shall suspend the person's license
for 30 days for a violation described in section 634(5), 649(9), or
650(3).
(13) The secretary of state shall suspend the person's license
for 90 days for a violation described in section 634(6), 649(10),
or 650(4).
(14) The secretary of state shall suspend the person's license
for not less than 180 days or more than 1 year for a violation
described in section 634(7), 649(11), or 650(5).
(15) (12)
Except as provided in subsection (14) (17), a
suspension under this section shall be imposed notwithstanding a
court order unless the court order complies with section 323.
(16) (13)
If the secretary of state receives records of more
than 1 conviction of a person resulting from the same incident, a
suspension shall be imposed only for the violation to which the
longest period of suspension applies under this section.
(17) (14)
The secretary of state may waive a restriction,
suspension, or revocation of a person's license imposed under this
act if the person submits proof that a court in another state
revoked, suspended, or restricted his or her 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.
(18) (15)
The secretary of state shall not issue a restricted
license to a person whose license is suspended under this section
unless a restricted license is authorized under this section and
the person is otherwise eligible for a license.
(19) (16)
The secretary of state shall not issue a restricted
license to a person under subsection (8) that would permit the
person to operate a commercial motor vehicle.
(20) (17)
A restricted license issued under this section shall
permit the person to whom it is issued to take any driving skills
test required by the secretary of state and to drive under 1 or
more of the following circumstances:
(a) In the course of the person's employment or occupation.
(b) To and from any combination of the following:
(i) The person's residence.
(ii) The person'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 person is enrolled
as a student.
(vii) A place of regularly occurring medical treatment for a
serious condition for the person or a member of the person's
household or immediate family.
(21) (18)
While driving with a restricted license, the person
shall carry proof of his or her destination and the hours of any
employment, class, or other reason for traveling and shall display
that proof upon a peace officer's request.
(22) (19)
Subject to subsection (21) (24), 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
substantially corresponding to a law of this state, or a law of
another state substantially corresponding to a law of this state:
(a)
Except as provided in subsection (20) (23), 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 resulting from
the operation of a vehicle or an attempt to commit any of those
crimes.
(23) (20)
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 substantially corresponding to
section 625(6), or a law of another state substantially
corresponding to section 625(6) may be used as a prior conviction.
(24) (21)
If 2 or more convictions described in subsection
(19)
(22) are convictions for violations arising out of the
same
transaction, only 1 conviction shall be used to determine whether
the person has a prior conviction.
Sec. 634. (1) Upon each roadway of sufficient width, the
driver of a vehicle shall drive the vehicle upon the right half of
the roadway, except as follows:
(a) When overtaking and passing another vehicle proceeding in
the same direction under the rules governing that movement.
(b) When the right half of a roadway is closed to traffic
while under construction or repair or when an obstruction exists
making it necessary to drive to the left of the center of the
highway. A driver who is driving on the left half of a roadway
under this subdivision shall yield the right-of-way to an oncoming
vehicle traveling in the proper direction upon the unobstructed
portion of the roadway.
(c) When a vehicle operated by a state agency or a local
authority or an agent of a state agency or local authority is
engaged in work on the roadway.
(d) Upon a roadway divided into 3 marked lanes for traffic
under the rules applicable on the roadway.
(2) Upon a roadway having 2 or more lanes for travel in 1
direction, the driver of a vehicle shall drive the vehicle in the
extreme right-hand lane available for travel except as otherwise
provided in this section. However, the driver of a vehicle may
drive the vehicle in any lane lawfully available to traffic moving
in the same direction of travel when the lanes are occupied by
vehicles moving in substantially continuous lanes of traffic and in
any left-hand lane lawfully available to traffic moving in the same
direction of travel for a reasonable distance before making a left
turn.
(3) This section shall not be construed to prohibit a vehicle
traveling in the appropriate direction from traveling in any lane
of a freeway having 3 or more lanes for travel in the same
direction. However, a city, village, township, or county may not
enact an ordinance which regulates the same subject matter as any
provision of this subsection. The driver of a truck with a gross
weight of more than 10,000 pounds, a truck tractor, or a
combination of a vehicle and trailer or semitrailer shall drive the
vehicle or combination of vehicles only in either of the 2 lanes
farthest to the right, except for a reasonable distance when making
a left turn or where a special hazard exists that requires the use
of an alternative lane for safety reasons.
(4) A person who violates this section is responsible for a
civil infraction.
(5) A person who is found responsible for a violation of this
section that caused injury to another person shall be fined
$200.00. The secretary of state shall suspend the person's driver
license for a period of 30 days. The fine and period of suspension
imposed under this subsection shall be in addition to any fine or
period of suspension imposed for the underlying violation.
(6) A person who is found responsible for a violation of this
section that caused serious injury to another person shall be fined
$500.00. The secretary of state shall suspend the person's driver
license for a period of 90 days. The fine and period of suspension
imposed under this subsection shall be in addition to any fine or
period of suspension imposed for the underlying violation. As used
in this subsection, "serious injury" means that term as defined in
section 602a.
(7) A person who is found responsible for a violation of this
section that caused the death of another person shall be fined
$1,000.00. The secretary of state shall suspend the person's driver
license for a period of not less than 180 days or more than 1 year.
The fine and period of suspension imposed under this subsection
shall be in addition to any fine or period of suspension imposed
for the underlying violation.
Sec. 649. (1) The driver of a vehicle approaching an
intersection shall yield the right of way to a vehicle which has
entered the intersection from a different highway.
(2) When 2 vehicles enter an intersection from different
highways at approximately the same time, the driver of the vehicle
on the left shall yield the right of way to the vehicle on the
right.
(3)
The right of way rules declared set
forth in subsections
(1) and (2) are modified at through highways and otherwise as
stated
provided in this chapter.
(4) The driver of a vehicle approaching a yield sign, in
obedience to the sign, shall slow down to a speed reasonable for
the existing conditions and shall yield the right of way to a
vehicle in the intersection or approaching on another highway so
closely as to constitute an immediate hazard during the time the
driver would be moving across or within the intersection. However,
if required for safety to stop, the driver shall stop before
entering the crosswalk on the near side of the intersection or, if
there is not a crosswalk, at a clearly marked stop line; but if
there is not a crosswalk or a clearly marked stop line, then at the
point nearest the intersecting roadway where the driver has a view
of approaching traffic on the intersecting roadway.
(5) The driver of a vehicle traveling at an unlawful speed
shall forfeit a right of way which the driver might otherwise have
under this section.
(6) Except when directed to proceed by a police officer, the
driver of a vehicle approaching a stop intersection indicated by a
stop sign shall stop before entering the crosswalk on the near side
of the intersection, or if there is not a crosswalk shall stop at a
clearly marked stop line; or if there is not a crosswalk or a
clearly marked stop line, then at the point nearest the
intersecting roadway where the driver has a view of approaching
traffic on the intersecting roadway. After having stopped, the
driver shall yield the right of way to a vehicle which has entered
the intersection from another highway or which is approaching so
closely on the highway as to constitute an immediate hazard during
the time when the driver would be moving across or within the
intersection.
(7) When a vehicle approaches the intersection of a highway
from an intersecting highway or street which is intended to be, and
is constructed as, a merging highway or street, and is plainly
marked at the intersection with appropriate merge signs, the
vehicle shall yield right of way to a vehicle so close as to
constitute an immediate hazard on the highway about to be entered
and shall adjust its speed so as to enable it to merge safely with
the through traffic.
(8) A person who violates this section is responsible for a
civil infraction.
(9) A person who is found responsible for a violation of this
section that caused injury to another person shall be fined
$200.00. The secretary of state shall suspend the person's driver
license for a period of 30 days. The fine and period of suspension
imposed under this subsection shall be in addition to any fine or
period of suspension imposed for the underlying violation.
(10) A person who is found responsible for a violation of this
section that caused serious injury to another person shall be fined
$500.00. The secretary of state shall suspend the person's driver
license for a period of 90 days. The fine and period of suspension
imposed under this subsection shall be in addition to any fine or
period of suspension imposed for the underlying violation. As used
in this subsection, "serious injury" means that term as defined in
section 602a.
(11) A person who is found responsible for a violation of this
section that caused the death of another person shall be fined
$1,000.00. The secretary of state shall suspend the person's driver
license for a period of not less than 180 days or more than 1 year.
The fine and period of suspension imposed under this subsection
shall be in addition to any fine or period of suspension imposed
for the underlying violation.
Sec. 650. (1) The driver of a vehicle within an intersection
intending to turn to the left shall yield the right of way to a
vehicle approaching from the opposite direction which is within the
intersection or so close to the intersection as to constitute an
immediate hazard; but the driver, having so yielded and having
given a signal when and as required by this chapter, may make the
left turn and the drivers of all other vehicles approaching the
intersection from the opposite direction shall yield the right of
way to the vehicle making the left turn. At an intersection at
which a traffic signal is located, a driver intending to make a
left turn shall permit vehicles bound straight through in the
opposite direction which are waiting a go signal to pass through
the intersection before making the turn.
(2) A person who violates this section is responsible for a
civil infraction.
(3) A person who is found responsible for a violation of this
section that caused injury to another person shall be fined
$200.00. The secretary of state shall suspend the person's driver
license for a period of 30 days. The fine and period of suspension
imposed under this subsection shall be in addition to any fine or
period of suspension imposed for the underlying violation.
(4) A person who is found responsible for a violation of this
section that caused serious injury to another person shall be fined
$500.00. The secretary of state shall suspend the person's driver
license for a period of 90 days. The fine and period of suspension
imposed under this subsection shall be in addition to any fine or
period of suspension imposed for the underlying violation. As used
in this subsection, "serious injury" means that term as defined in
section 602a.
(5) A person who is found responsible for a violation of this
section that caused the death of another person shall be fined
$1,000.00. The secretary of state shall suspend the person's driver
license for a period of not less than 180 days or more than 1 year.
The fine and period of suspension imposed under this subsection
shall be in addition to any fine or period of suspension imposed
for the underlying violation.