LEVEL 2 GRADUATED DRIVER LICENSE RESTRICTIONS

House Bill 4533 as enacted

Public Act 124 of 2011

Sponsor:  Rep. Bill Rogers

House Committee:  Transportation

Senate Committee: Transportation

Complete to 7-25-11

A SUMMARY OF HOUSE BILL 4533 AS ENACTED

The bill amends the Michigan Vehicle Code to expand the exceptions to restrictions placed on a person with a level 2 graduated driver license regarding hours of operation and passengers under 21 years old.

The code prohibits a level 2 status driver from operating a motor vehicle between 10 p.m. and 5 a.m. unless either of the following applies: a) the driver is accompanied by a parent or legal guardian or a licensed driver who is at least 21 and is designated by the parent or guardian or b) the driver is going to or from employment.

House Bill 4533 creates an exception to a level 2 status driver's operating a vehicle between the hours of 10 p.m. and 5 a.m.  Under the bill, this section does not apply if a) the driver is accompanied by a parent or legal guardian or a licensed driver 21 years of age or older or b) the driver is operating the vehicle in the course of his or her employment, going to or from employment, or going to or from an authorized activity.

Under the code, a driver with level 2 status cannot operate a motor vehicle carrying more than one passenger who is younger than 21, unless the passengers under 21 are members of the person's immediate family or the person is traveling to or from school or a school-sanctioned event. The bill specifies that the one-person limit on passengers under 21 does not apply under either of the following conditions:

·         The driver is accompanied by a parent or legal guardian or a licensed driver who is at least 21 and is designated by the parent or legal guardian.

·         Any additional passengers who are less than 21 years of age are members of the driver's immediately family.

The bill defines "authorized activity" to mean the following:

·         A school or school-sanctioned event or activity.

·         A sporting event or activity, or extracurricular event or activity, that is not school-sanctioned, under certain conditions.

·         A class or program of vocational instruction, under certain conditions.

·         An event or activity sponsored by a tax-exempt religious organization.

·         Transporting an individual in need of immediate emergency care or personal protection to a health care professional, hospital, police station, domestic violence shelter, or public safety location.

FISCAL IMPACT:

The bill would have no fiscal impact on state or local government.

                                                                                        Legislative Analyst:   E. Best

                                                                                                Fiscal Analyst:   Ben Gielczyk

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.