(a) Except as otherwise provided in this section, a person shall be not less than eighteen years of age before he or she is issued a vehicle group designation or endorsement, other than a motorcycle endorsement, on an operator's or chauffeur's license and, as provided in this section, the person shall pass knowledge and driving skills tests that comply with minimum Federal standards prescribed in 49 C.F.R. part 383. A person operating a vehicle to be used for farming purposes only may obtain a group A, a group B, or an F vehicle group designation if he or she is not less than sixteen years of age. Each written examination given an applicant for a vehicle group designation or endorsement on an operator's or chauffeur's license shall include subjects designed to cover the type or general class of vehicle to be operated. A person shall pass an examination that includes a driving test designed to test competency of the applicant for an original vehicle group designation and passenger endorsement on an operator's or chauffeur's license to drive that type or general class of vehicle upon the highways of this State with safety to that person and other persons and property. The Secretary of State shall waive the driving skills test for a person operating a vehicle that is used under the conditions described in section 312e(4)(a) to (d) of the Michigan Motor Vehicle Code unless the vehicle has a gross vehicle weight rating of 26,001 pounds or more on the power unit and is to be used to carry hazardous materials on which a placard is required under 49 C.F.R. parts 100 to 199. The driving test may be waived if the applicant has a valid license, endorsement, or vehicle group designation to operate that type or group of vehicle in another state, except that the driving test for a vehicle group designation or passenger vehicle endorsement may not be waived unless the applicant has a valid license with the appropriate vehicle group designation or passenger vehicle endorsement in another state issued in compliance with the Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, 100 Stat. 3207-170.
(b) The Secretary of State shall waive the knowledge test and the driving skills test and issue a one-year seasonal restricted vehicle group designation for an otherwise qualified person who desires to operate a group B or a group C vehicle for a farm related service industry under the following conditions:
(1) An applicant shall possess a good driving record. However, an applicant who has not held an operator's or chauffeur's license for at least one year is not eligible for a waiver. An applicant who has between one and two years of driving experience shall possess a good driving record for his or her entire driving history. An applicant who has more than two years of driving experience shall possess a good driving record for the two years immediately preceding application for a waiver.
(2) The seasons for which the seasonal restricted vehicle group designation is issued shall be from April 2 to June 30 and from September 2 to November 30 only of a twelve-month period or, at the option of the applicant, for not more than 180 days from the date of issuance in a twelve-month period subsequent to 1992. A seasonal restricted vehicle group designation under this subsection shall be issued, suspended, revoked, canceled, or renewed in accordance with State law. The good driving record shall be confirmed before each season and 180-day period.
(3) The commercial motor vehicle for which the seasonal restricted vehicle group designation is issued shall be operated only on routes within 150 miles from the place of business to the farm or farms being served.
(4) The commercial motor vehicle for which the seasonal restricted vehicle group designation is issued shall not transport a quantity of hazardous materials on which a placard is required except for the following:
A. Diesel motor fuel in quantities of 1,000 gallons or less.
B. Liquid fertilizers in quantities of 3,000 gallons or less.
C. Solid fertilizers that are not transported with any organic substance.
(5) The commercial motor vehicle for which a seasonal restricted vehicle group designation is issued shall not include a bus or school bus.
(c) The Secretary of State may enter into an agreement with another public or private person or agency to conduct a skills test required under State law or 49 C.F.R. part 383.
(d) The Secretary of State shall not issue a vehicle group designation to an applicant for an original vehicle group designation to whom one or more of the following apply:
(1) The applicant has had his or her license suspended or revoked for a reason other than as provided in Section 321a, 515 or 801c of the Michigan Motor Vehicle Code in the thirty-six months immediately preceding application, except that a vehicle group designation may be issued if the suspension or revocation was due to a temporary medical condition or failure to appear at a re-examination as provided in Section 320 of said Code.
(2) The applicant was convicted of or incurred a bond forfeiture in relation to a 6-point violation as provided in Section 320a of the Michigan Motor Vehicle Code in the twenty-four months immediately preceding application, or a violation of Section 625(3) or former Section 625b of said Code, or a local ordinance substantially corresponding to Section 625(3) or former Section 625b in the twenty-four months immediately preceding application, if the violation occurred while the applicant was operating a type of vehicle that is operated under a vehicle group designation.
(3) The applicant is listed on the national driver register, the commercial driver license information system, or the driving records of the state in which the applicant was previously licensed as being disqualified from operating a commercial motor vehicle or as having a license suspended, revoked, canceled, or denied.
(4) The applicant is listed on the national driver register, the commercial driver license information system, or the driving records of the state in which the applicant was previously licensed as having had a license suspended, revoked, or canceled in the thirty-six months immediately preceding application if a suspension or revocation would have been imposed under State law had the applicant been licensed in this State in the original instance. This paragraph does not apply to a suspension or revocation that would have been imposed due to a temporary medical condition or pursuant to Section 321a, 515 or 801c of the Michigan Motor Vehicle Code.
(5) The applicant is subject to a suspension or revocation under Section 319b of the Michigan Motor Vehicle Code or would have been subject to a suspension or revocation under Section 319b of said Code if the applicant had been issued a vehicle group designation.
(6) The applicant has been disqualified from operating a commercial motor vehicle under Title XII of Public Law 99-570, 100 Stat. 3207-170, or the applicant's license to operate a commercial motor vehicle has been suspended, revoked, denied, or canceled within thirty-six months immediately preceding the date of application.
(e) The Secretary of State shall only consider bond forfeitures under paragraph (d)(2) hereof for violations that occurred on or after January 1, 1990, when determining the applicability of subsection (d) hereof.
(f) If an applicant for an original vehicle group designation was previously licensed in another jurisdiction, the Secretary of State shall request a copy of the applicant's driving record from that jurisdiction. If one or more of the conditions described in subsection (d) hereof exist in that jurisdiction when the Secretary of State receives the copy, the Secretary of State shall cancel all vehicle group designations on the person's operator's or chauffeur's license.
(g) Paragraphs (d)(1), (2), (4) and (6) hereof do not apply to an applicant for an original vehicle group designation who at the time of application has a valid class 1, class 2, or class 3 endorsement under the Act or a valid license to operate a commercial motor vehicle issued by any state in compliance with Title XII of Public Law 99-570.
(h) As used in this section:
(1) "Farm related service industry" means custom harvesters, farm retail outlets and suppliers, agri-chemical business, or livestock feeders.
(2) "Good driving record" means the criteria required under regulations described at 49 C.F.R. 383.77 and 57 F.R. 75, P. 13650 (April 17, 1992).
(Ord. 97-10. Passed 11-5-97.)