Section 257.306 - Temporary instruction permit; operation of motor vehicle without operator's license or permit; temporary driver education certificate; motorcycle temporary instruction permit; te
MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949
257.306 Temporary instruction permit; operation of motor vehicle without operator's license or permit; temporary driver education certificate; motorcycle temporary instruction permit; temporary instruction permit to drive vehicle requiring vehicle group designation or vehicle group indorsement.
Sec. 306.
(1) The secretary of state, upon receiving an application for a temporary instruction permit from a person who is 18 years of age or older, may issue that permit entitling the applicant, while carrying the permit, to drive a motor vehicle other than a motor vehicle requiring an indorsement under section 312a or a vehicle group designation under section 312e upon the highways for a period of 180 days when accompanied by a licensed adult operator or chauffeur who is actually occupying a seat beside the driver.
(2) The secretary of state may issue an original operator's license and designate level 1, 2, or 3 graduated licensing provisions to a person who is less than 18 years of age, has been licensed in another state or country, and has satisfied the applicable requirements of section 310e.
(3) A student enrolled in a driver education course as that term is defined in section 1 of the driver education and training schools act, 1974 PA 369, MCL 256.601, or a motorcycle safety course approved by the department of state may operate a motor vehicle without holding an operator's license or permit while under the direct supervision of the program instructor.
(4) A student enrolled in a driver education course as that term is defined in section 1 of the driver education and training schools act, 1974 PA 369, MCL 256.601, and who has successfully completed 10 hours of classroom instruction and the equivalent of 2 hours of behind-the-wheel training may be issued a temporary driver education certificate furnished by the department of state that authorizes a student to drive a motor vehicle, other than a motor vehicle requiring an indorsement pursuant to section 312a or a vehicle group designation pursuant to section 312e, when accompanied by a licensed parent or guardian, or when accompanied by a nonlicensed parent or guardian and a licensed adult for the purpose of receiving additional instruction until the end of the student's driver education course.
(5) The secretary of state, upon receiving proper application from a person 16 or 17 years of age who is enrolled in or has successfully completed an approved motorcycle safety course under section 811a, or a person who is 18 years of age or older and who holds a valid operator's or chauffeur's license, may issue a motorcycle temporary instruction permit entitling the applicant, while carrying the permit, to operate a motorcycle upon the public streets and highways for a period of 180 days, but only when under the constant visual supervision of a licensed motorcycle operator at least 18 years of age. The applicant shall not operate the motorcycle at night or with a passenger.
(6) Except as prohibited under federal law, the secretary of state, upon receiving proper application from a person who is 18 years of age or older, who holds a valid operator's or chauffeur's license other than a restricted license, and who has passed the knowledge test for an original vehicle group designation or indorsement, may issue a temporary instruction permit entitling the person, while carrying the permit, to drive a vehicle requiring a vehicle group designation or vehicle group indorsement under section 312e upon the streets and highways for a period of 180 days, but only when accompanied by a licensed adult operator or chauffeur who is licensed with the appropriate vehicle group designation and indorsement for the vehicle group being driven and who is actually occupying a seat beside the driver, or behind the driver if the permittee is driving a bus or school bus. In addition, if a permittee is enrolled in a driver training program for drivers of motor vehicles requiring a vehicle group designation or vehicle group indorsement under section 312e, which program is conducted by a college, a university, a school licensed by the department under the driver education and training schools act, 1974 PA 369, MCL 256.601 to 256.612, or a local or intermediate school district, the permittee may drive a vehicle requiring a vehicle group designation or vehicle group indorsement on the streets and highways of this state for a period of 180 days when accompanied by an instructor licensed with the appropriate vehicle group designation and indorsement for the vehicle being driven who is either occupying the seat beside the driver or in direct visual and audio communication with the permittee. A person issued a temporary instruction permit under this section shall not operate a vehicle designed to carry 16 or more passengers that is transporting passengers except with an instructor licensed with the appropriate vehicle group designation and indorsement for the vehicle being driven or a driver skills test examiner.
History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1956, Act 60, Imd. Eff. Apr. 2, 1956 ;-- Am. 1957, Act 141, Imd. Eff. May 28, 1957 ;-- Am. 1972, Act 61, Imd. Eff. Mar. 1, 1972 ;-- Am. 1976, Act 24, Imd. Eff. Feb. 27, 1976 ;-- Am. 1978, Act 139, Eff. May 1, 1979 ;-- Am. 1979, Act 8, Imd. Eff. May 1, 1979 ;-- Am. 1980, Act 174, Imd. Eff. June 23, 1980 ;-- Am. 1980, Act 335, Imd. Eff. Dec. 23, 1980 ;-- Am. 1982, Act 187, Eff. Jan. 1, 1984 ;-- Am. 1988, Act 346, Eff. Jan. 1, 1990 ;-- Am. 1996, Act 387, Eff. Apr. 1, 1997 ;-- Am. 1999, Act 40, Imd. Eff. June 9, 1999 ;-- Am. 2002, Act 534, Eff. Oct. 1, 2002 ;-- Am. 2004, Act 71, Imd. Eff. Apr. 20, 2004 ;-- Am. 2004, Act 362, Imd. Eff. Oct. 4, 2004 ;-- Am. 2006, Act 298, Imd. Eff. July 20, 2006
Compiler's Notes: Section 2 of Act 346 of 1988 provides:“(1) Except as otherwise provided in this section, this amendatory act shall take effect October 1, 1989.“(2) Sections 634, 710g, 722, 723, 724, 802, and 907 of this amendatory act shall take effect January 1, 1989. “(3) Sections 4B and 801 of this amendatory act shall take effect upon the date of enactment of this amendatory act.”Section 2 of Act 173 of 1989 provides:“(1) The amendments made to sections 8b, 57, 67a, 301, 303, 305, 306, 307, 309, 310, 312d, 312e, 312f, 312g, 312h, 314, 314b, 319a, 321a, 323, 728, 732, 743, and 907 of Act No. 300 of the Public Acts of 1949, being sections 257.8b, 257.57, 257.67a, 257.301, 257.303, 257.305, 257.306, 257.307, 257.309, 257.310, 257.312d, 257.312e, 257.312f, 257.312g, 257.312h, 257.314, 257.314b, 257.319a, 257.321a, 257.323, 257.728, 257.732, 257.743, and 257.907 of the Michigan Compiled Laws, by Act No. 346 of the Public Acts of 1988 shall take effect January 1, 1990.“(2) Enacting section 2 of Act No. 346 of the Public Acts of 1988 is repealed.”