SENATE BILL No. 806

 

 

February 6, 2018, Introduced by Senators GREGORY, KNOLLENBERG, O'BRIEN, NOFS, HANSEN, BIEDA, HILDENBRAND and CONYERS and referred to the Committee on Transportation.

 

 

     A bill to amend 2006 PA 384, entitled

 

"Driver education provider and instructor act,"

 

by amending sections 35 and 37 (MCL 256.655 and 256.657), section

 

35 as amended by 2012 PA 258 and section 37 as amended by 2014 PA

 

317.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 35. (1) The secretary of state shall prescribe a model

 

curriculum for teen driver training under this act. After September

 

1, 2007, a driver education provider classified for teen driver

 

training shall use the secretary of state's prescribed model

 

curriculum or may use an alternative curriculum only after it has

 

been reviewed and approved by the secretary of state. The secretary

 

of state may approve an alternative curriculum if it substantially

 

meets or exceeds the standards of the secretary of state's

 


prescribed model curriculum.

 

     (2) Under a segment 1 curriculum and segment 2 curriculum

 

combined, each student shall receive no less than 30 hours of

 

classroom instruction and 6 hours of behind-the-wheel driver

 

education course experience.

 

     (3) In addition to the model curriculum described in

 

subsection (1), the secretary of state shall, in cooperation with

 

the department of state police, also develop a program to educate

 

students concerning the appropriate etiquette for interaction with

 

law enforcement in the event of a traffic stop as described in

 

section 37(1)(a)(v). No later than January 1, 2019, the secretary

 

of state shall present the program required by this subsection to

 

the standing committees of the senate and house of representatives

 

that are responsible for general government. The secretary of state

 

shall also provide the program required by this subsection to the

 

department of education.

 

     Sec. 37. (1) A segment 1 curriculum shall include both

 

classroom and behind-the-wheel driver education course experience.

 

The classroom instruction and behind-the-wheel instruction shall be

 

integrated, relate to each other, and meet the following

 

requirements:

 

     (a) Each student shall receive not less than 24 hours of

 

classroom instruction. Classroom instruction shall be scheduled to

 

occur as follows:

 

     (i) Classroom instruction shall occur not more than 2 hours

 

per day.

 

     (ii) Classroom instruction shall occur over the course of 3 or


more weeks.

 

     (iii) Classroom instruction of 4 or more hours shall be

 

received before the student begins to receive behind-the-wheel

 

instruction.

 

     (iv) Classroom instruction shall include information

 

concerning the laws pertaining to bicycles and motorcycles and

 

shall emphasize awareness of their operation on the streets, roads,

 

and highways of this state.

 

     (v) Classroom instruction shall include information concerning

 

the appropriate etiquette for interaction with law enforcement in

 

the event of a traffic stop, including, but not limited to, all of

 

the following:

 

     (A) Where to pull over in the event of a traffic stop.

 

     (B) What to expect when a law enforcement officer begins a

 

traffic stop.

 

     (C) When to safely hand information requested by a law

 

enforcement officer to the officer.

 

     (D) Where a driver should keep his or her hands during a

 

traffic stop, and where to remain during a traffic stop.

 

     (E) How to properly illuminate the interior of a vehicle

 

during a nighttime traffic stop.

 

     (F) When to inform a law enforcement officer that a weapon is

 

inside a vehicle.

 

     (G) How to contact a law enforcement officer's supervisor to

 

submit a complaint.

 

     (vi) (v) Behind-the-wheel instruction of 3 or more hours shall

 

be completed before classroom instruction terminates.


     (b) Each student shall receive not less than 6 hours of

 

behind-the-wheel instruction or substitute hours permitted under

 

this subsection. Behind-the-wheel instruction shall be scheduled to

 

occur as follows:

 

     (i) A student shall receive not more than 1 hour of behind-

 

the-wheel instruction per day.

 

     (ii) Not more than 1 student shall occupy the front seat of

 

the vehicle with the instructor.

 

     (iii) A driver education motor vehicle shall contain not more

 

than 4 students during behind-the-wheel instruction.

 

     (iv) Not later than 3 weeks after the last classroom

 

instruction has been completed, a student shall complete any

 

remaining required behind-the-wheel instruction.

 

     (v) Except as otherwise provided in this section, a student

 

may receive instruction while operating a motor vehicle at a

 

multiple vehicle driving facility. One hour of instruction received

 

at a multiple vehicle driving facility may substitute as credit for

 

1 hour of behind-the-wheel experience. A maximum of 2 hours of

 

behind-the-wheel experience can be substituted with instruction

 

received at a multiple vehicle driving facility.

 

     (c) A student shall receive 4 or more hours of behind-the-

 

wheel observation time.

 

     (2) A driver education provider classified for teen driver

 

training shall not substitute behind-the-wheel instruction with

 

multiple vehicle driving facility experience until the secretary of

 

state gives the provider written approval for that substitution as

 

provided in this act.


     (3) A driver education provider classified for teen driver

 

training shall not substitute behind-the-wheel driving experience

 

with simulator device training.

 

     (4) As used in this section:

 

     (a) "Integrated" means classroom and behind-the-wheel

 

instruction scheduled to include a mix of classroom and behind-the-

 

wheel instruction throughout the duration of the driver education

 

course, except as otherwise provided in this section.

 

     (b) "Observation time" means the time a student in a driver

 

education course sits in the rear seat of a vehicle and observes

 

another student in the front seat behind the wheel operating the

 

controls of the vehicle, responding to driving situations, and with

 

an instructor sitting in the front seat.

 

     (5) This section shall be known and may be cited as the

 

"Nathan Bower 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 Senate Bill No. 807                                    

 

          of the 99th Legislature is enacted into law.