257.306a Commercial learner's permit; pandemic expiration extension.

673 words·~3 min read·/mi/chapter-257/257-306a

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Sec. 306a.

(1)The secretary of state may issue a commercial learner's permit that entitles an individual to drive a vehicle requiring a vehicle group designation or endorsement under section 312e if all of the following apply:

(a)The individual submits a proper application and meets the requirements of 49 CFR part 383.

(b)The individual is 18 years of age or older.

(c)The individual holds a valid operator's or chauffeur's license that is not a restricted license.

(d)The individual passes the knowledge tests for an original vehicle group designation or endorsement, as required by 49 CFR part 383.

(e)If the individual is applying for a hazardous materials endorsement, he or she has been approved for the hazardous materials endorsement by the Federal Transportation Security Administration.

(2)An individual issued a commercial learner's permit under subsection (1), or an equivalent commercial learner's permit issued by another jurisdiction, may operate a vehicle requiring a vehicle group designation or endorsement under section 312e, if all of the following apply:

(a)The individual has the permit and a valid operator's or chauffeur's license in his or her possession while operating the vehicle on a public roadway.

(b)The individual is accompanied by an instructor certified under the driver education provider and instructor act, 2006 PA 384, MCL 256.621 to 256.705, and all of the following apply:

(i)The instructor has in his or her possession a valid license with a vehicle group designation and any endorsement necessary to operate the vehicle as provided in section 312e.

(ii)The instructor is at all times physically present in the front seat of the vehicle next to the operator or, in the case of a passenger vehicle, directly behind the operator or in the first row behind the operator.

(iii)The instructor has the operator under observation and direct supervision.

(c)The individual shall not operate a vehicle transporting hazardous materials as defined in 49 CFR part 383.

(d)If the individual has a permit to operate a tank vehicle, the individual may only operate an empty tank vehicle and shall not operate any tank vehicle that previously contained hazardous materials unless the tank has been purged of all hazardous material residue.

(e)If the individual has a permit to operate a vehicle designed to carry 16 or more passengers or a school bus, the individual shall not operate a vehicle designed to carry 16 or more passengers or a school bus with any passengers other than the following individuals:

(i)The instructor described in this section.

(ii)Federal or state auditors or inspectors.

(iii)Test examiners.

(iv)Other trainees.

(3)Beginning October 1, 2021, a commercial learner's permit issued under this section is valid for 1 year from the date of issuance.

(4)Notwithstanding subsection (3), a commercial learner's permit issued under this section that expires on or after March 1, 2020 is valid until March 31, 2021. Notwithstanding subsection (3), a commercial learner's permit issued under this section that expires after March 31, 2021 but before August 1, 2021 is valid until 120 days after the date of the expiration.

History: Add. 2015, Act 11 , Eff. July 8, 2015 ;-- Am. 2020, Act 127 , Imd. Eff. July 1, 2020 ;-- Am. 2020, Act 241 , Eff. Oct. 28, 2020 ;-- Am. 2020, Act 304 , Imd. Eff. Dec. 29, 2020 ;-- Am. 2020, Act 376 , Eff. Oct. 1, 2021 ;-- Am. 2021, Act 71 , Imd. Eff. July 29, 2021 ;-- Am. 2022, Act 193 , Imd. Eff. Oct. 4, 2022

Compiler's Notes: Enacting section 1 of Act 71 of 2021 provides:"Enacting section 1. Sections 216(2), 217(11) and (12), 226(11) and (13), 255(4), 301(6), 306(1), (2), (4), and (6), 306a(4), 309(11), 312k(1), 314(7), 801k(1) and (2), and 811(5) of the Michigan vehicle code, 1949 PA 300, MCL 257.216, 257.217, 257.226, 257.255, 257.301, 257.306, 257.306a, 257.309, 257.312k, 257.314, 257.801k, and 257.811, as amended by this amendatory act, are intended to be retroactive and apply retroactively."