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Michigan Statutes, Title 256

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Michigan/Statutes

← All Michigan coverage

Title 256, MOTOR VEHICLES

15 chapters · 54 sections in this title.

All chapters in Title 25654 Ch 384-of-2006, DRIVER EDUCATION PROVIDER AND INSTRU…43 Ch 391-of-1919, GARAGE KEEPER'S LIABILITY5 Ch 188-of-1941, MICHIGAN STATE SAFETY COMMISSION3 Ch 191-of-1931, LOCKING OF DOORS2 Ch E.R.O. No. 2002-5, EXECUTIVE REORGANIZATION ORDER1

43 sections·Filtered byTitle 256✕Ch 384-of-2006✕

Mich. Comp. Laws § 256.621 Short title.
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Sec. 1. This act shall be known and may be cited as the "driver education provider and instructor act".
Mich. Comp. Laws § 256.623 Definitions; A to D.
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Sec. 3. As used in this act: (a) "Adult driver training" means instruction that is provided to an individual 18 years of age or older in the operation of a motor vehicle, other than a commercial motor vehicle as defined in section 7a of the Michigan vehicle code, 1949 PA 300, MCL…
Mich. Comp. Laws § 256.625 Definitions; D to M.
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Sec. 5. As used in this act: (a) "Driver education instructor preparation program" means a program of driver education instructor preparation courses offered by a college or university or by a person approved by the secretary of state. (b) Except as otherwise provided in this act…
Mich. Comp. Laws § 256.627 Definitions; P to T.
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Sec. 7. As used in this act: (a) "Performance objective" means a certain level of knowledge and skill a student is expected to acquire to successfully complete a driver education course. (b) "Person" means an individual, partnership, corporation, association, limited liability co…

Mich. Comp. Laws § 256.629 Driver education provider certificate; application; classifications; investigation; eligibility requirements; evidence; bond or renewal certificate; stipulation of agreement to service of process; applicability of subsection (3); classroom facility; liability insurance; multiple driving facility; orientation and education program; fees.

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Sec. 9. (1) A person may apply to the secretary of state for a driver education provider certificate in 1 or more of the following classifications: (a) Adult driver training. (b) Teen driver training. (c) Commercial vehicle driver training. (2) The secretary of state shall not gr…

Mich. Comp. Laws § 256.631 Renewal application; criminal history check; effect of expired certificate; review and approval or denial of multiple vehicle driving facility; fees.

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Sec. 11. (1) A certified driver education provider may apply for the renewal of a driver education provider certificate. The renewal application must be submitted to the secretary of state every other year in a format and as prescribed by the secretary of state. A renewal applica…

Mich. Comp. Laws § 256.633 Original or renewal driver education provider certificate; issuance; identifying number; classification; validity; duration; transfer or assignment prohibited.

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Sec. 13. (1) The secretary of state may issue an original or renewal driver education provider certificate if the secretary of state is satisfied the applicant meets the requirements for that certificate under this act. A driver education provider that conducts commercial vehicle…

Mich. Comp. Laws § 256.635 Change in owner, partner, officer, director, or designated representative or coordinator; change in address; notification; duties of person who stops operating as driver education provider; noncompliance as misdemeanor; penalty.

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Sec. 15. (1) A driver education provider shall immediately notify the secretary of state in a manner prescribed by the secretary of state of a change in an owner, partner, officer, director, or the designated representative or coordinator of the provider. Immediately upon notifyi…

Mich. Comp. Laws § 256.637 Driver education instructor certificate; classification; investigation; evidence; stipulation of agreement to service of process; photograph of applicant; expiration; misdemeanor; penalty; completion of orientation and education program; preparation courses; behind-the-wheel commercial vehicle driver instructor certificate; theory commercial vehicle driver instructor certificate.

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Sec. 17. (1) A person may apply to the secretary of state for a driver education instructor certificate in 1 or more of the following classifications: (a) Adult driver training. (b) Teen driver training. (c) Commercial vehicle driver training. (2) The secretary of state shall not…

Mich. Comp. Laws § 256.639 Original or renewal driver education instructor certificate; issuance; requirements; display of driver education certificate card.

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Sec. 19. (1) The secretary of state may issue a person an original or renewal driver education instructor certificate if the secretary of state is satisfied that the person meets the requirements for that certificate under this act. A certificate may include the following: (a) Th…

Mich. Comp. Laws § 256.641 Renewal of driver education instructor certificate; application; format; effect of expired certificate; criminal history check; validity and duration of certificate; fee.

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Sec. 21. (1) A certified driver education instructor may apply to the secretary of state for renewal of his or her driver education instructor certificate. The application shall be in a format as prescribed by the secretary of state and shall include all of the following: (a) A p…

Mich. Comp. Laws § 256.643 Driver education instructor preparation program.

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Sec. 23. (1) A college or university or a person approved by the secretary of state may present a driver education instructor preparation program. A college, university, or person shall not offer to engage or engage in the activity of presenting a driver education instructor prep…

Mich. Comp. Laws § 256.645 Conditional driver education instructor certificate; issuance; requirements.

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Sec. 25. (1) A person shall not participate in a practicum course conducted by a college or university or by a person approved by the secretary of state unless the person possesses a conditional driver education instructor certificate. (2) A person shall apply to the secretary of…

Mich. Comp. Laws § 256.647 Professional development requirements; establishment; publication; provisions.

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Sec. 27. Beginning January 1, 2008, the secretary of state shall establish professional development requirements for a certified driver education instructor. The secretary of state shall publish the requirements in a format and manner prescribed by the secretary of state. Profess…

Mich. Comp. Laws § 256.649 Criminal history record information check.

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Sec. 29. (1) A fingerprint-based criminal history check required under this act shall be performed by the department of state police and the federal bureau of investigation. (2) A person required to have a criminal history record information check shall submit his or her fingerpr…

Mich. Comp. Laws § 256.651 Use of motor vehicle; requirements.

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Sec. 31. (1) A motor vehicle used by a driver education provider shall: (a) Comply with the motor vehicle safety standards required under both federal law and the laws of this state when used as a driver education vehicle. (b) Display an identity, in a size and design prescribed …

Mich. Comp. Laws § 256.653 Teen driver training; duties of driver education provider.

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Sec. 33. A driver education provider issued a driver education provider certificate that is classified for teen driver training under this act shall comply with all of the following: (a) Verify that a person enrolled in a driver education course complies with the following: (i) I…

Mich. Comp. Laws § 256.655 Teen driver training; model curriculum.

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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 al…

Mich. Comp. Laws § 256.657 Driver education course; segment 1 curriculum; teen driver training; definitions; section known and cited as "Nathan Bower act."

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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 sh…

Mich. Comp. Laws § 256.659 Segment 2 curriculum course.

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Sec. 39. A segment 2 curriculum course provided under this act must meet all of the following requirements: (a) Be offered only to a student who has done all of the following: (i) Successfully completed a segment 1 curriculum driver education course. (ii) Held a valid level 1 gra…

Mich. Comp. Laws § 256.661 Classroom instruction; number of students; limitation.

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Sec. 41. (1) Except as otherwise provided in this section, a segment 1 or segment 2 classroom shall not contain more than 36 students when classroom instruction is given. (2) A segment 2 class size may exceed 36 students with the prior approval of the secretary of state. The secr…

Mich. Comp. Laws § 256.663 Driver education course certificate of completion; issuance to student.

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Sec. 43. (1) A driver education provider classified to provide teen driver training shall issue a driver education course certificate of completion to a student who successfully passes a written knowledge test prescribed by the secretary of state for that segment and successfully…

Mich. Comp. Laws § 256.665 Course schedule report, course completion report; requirements.

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Sec. 45. (1) Before holding a class, a driver education provider shall file a projected driver education course schedule report with and as prescribed by the secretary of state. The course schedule report must contain: (a) The name of the school. (b) The dates and times of the cl…

Mich. Comp. Laws § 256.667 Written agreement between provider and student; terms.

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Sec. 47. (1) A driver education provider shall have a written agreement with each of its students. A driver education provider shall not give instruction to a student until after the provider and the student have entered into the written agreement. The agreement shall be dated an…

Mich. Comp. Laws § 256.669 Coordinated segment 1 driver education course; approval of secretary of state; written agreement between provider and student; terms.

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Sec. 49. (1) The secretary of state may approve the giving of a coordinated segment 1 driver education course. A driver education provider shall not give a coordinated segment 1 driver education course without the prior written approval of the secretary of state. The provider sha…

Mich. Comp. Laws § 256.671 Reports; maintenance; format; manner; availability; failure to comply; duration.

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Sec. 51. (1) The secretary of state may require that information, a record, or any document required to be maintained under this act be maintained in a format and manner prescribed by the secretary of state. (2) The secretary of state may prescribe the format, manner, and deadlin…

Mich. Comp. Laws § 256.673 Verification of instructor's certificate status.

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Sec. 53. (1) A driver education provider shall verify that a driver education instructor possesses a valid driver education instructor certificate issued under this act, before employing, hiring, contracting, or otherwise engaging the person as an instructor for a driver educatio…

Mich. Comp. Laws § 256.675 Instruction to adult or commercial vehicle driver training student; verification of valid temporary instruction permit or out-of-state commercial learner's permit.

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Sec. 55. (1) Before a driver education provider provides behind-the-wheel driver education course instruction to an adult or commercial vehicle driver training student, the provider shall verify that the student has a valid temporary instruction permit issued by the secretary of …

Mich. Comp. Laws § 256.677 Conviction of violation; notification to secretary of state.

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Sec. 57. A certified driver education provider or instructor or a provider's designated representative or coordinator shall immediately notify the secretary of state if convicted of a violation or attempted violation listed in section 59. A certified driver education instructor o…

Mich. Comp. Laws § 256.679 Conviction information; establishment of automated fingerprint identification system database; automatic denial or revocation of application or certificate.

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Sec. 59. (1) Except as otherwise provided in this section, the secretary of state shall automatically deny an original or renewal application for a driver education provider or instructor certificate and shall automatically immediately revoke a certificate issued to a person as a…

Mich. Comp. Laws § 256.681 Automatic denial or revocation of application or certificate; duration.

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Sec. 61. (1) Except as otherwise provided in this section, the secretary of state shall automatically deny a driver education provider's or instructor's application or revoke a provider's or instructor's certificate without notice and an opportunity for a hearing if for any reaso…

Mich. Comp. Laws § 256.683 Denial, suspension, revocation, or cancellation of driver license; suspension or revocation of driver education instructor's certificate; reinstatement.

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Sec. 63. (1) The secretary of state shall automatically suspend or revoke a driver education instructor's certificate without notice and an opportunity for a hearing if the instructor's driver license is denied, suspended, revoked, or canceled by this state or another state. A dr…

Mich. Comp. Laws § 256.685 Investigation; complaint; mediation; conditions for probation and cancellation.

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Sec. 65. (1) The secretary of state may make, on its own initiative or in response to a complaint, a reasonable and necessary investigation within or outside this state and gather evidence against a person that violated, allegedly violated, or is about to violate this act, a rule…

Mich. Comp. Laws § 256.687 Deceptive or unconscionable methods, acts, or practices.

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Sec. 67. A driver education provider or instructor shall not engage in a deceptive or unconscionable method, act, or practice. The following are deceptive or unconscionable methods, acts, or practices: (a) Using, adopting, or conducting business under a name that is the same as, …

Mich. Comp. Laws § 256.689 Sanctions.

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Sec. 69. (1) Except as otherwise provided in this act, the secretary of state may impose 1 or more of the sanctions in subsection (2) after notice and opportunity for a hearing if the secretary of state determines that a person, a driver education provider, a driver education ins…

Mich. Comp. Laws § 256.691 Cease and desist order; temporary cease and desist order.

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Sec. 71. (1) If the secretary of state determines after notice and opportunity for a hearing that a person has committed a violation listed in section 69(1), the secretary of state may issue an order requiring the person to cease and desist from the unlawful method, act, or pract…

Mich. Comp. Laws § 256.695 Summary suspension; hearing; resolution.

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Sec. 75. (1) The secretary of state may order a summary suspension of a driver education provider or driver education instructor certificate pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, upon an affidavit by a person familiar with the f…

Mich. Comp. Laws § 256.697 Expiration or absence of certificate; proceeding with investigation, disciplinary proceeding, or other action.

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Sec. 77. The expiration or absence of a driver education provider certificate or a driver education instructor certificate does not prevent the secretary of state from proceeding with an investigation, disciplinary proceeding, or other action authorized by this act against a pers…

Mich. Comp. Laws § 256.699 Certificate required; violation as misdemeanor; penalty; administrative fine.

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Sec. 79. A person shall not engage in or offer to engage in activity as a driver education provider or a driver education instructor unless the person holds a valid certificate under this act. A person who violates this section is guilty of a misdemeanor punishable by imprisonmen…

Mich. Comp. Laws § 256.701 Reimbursement; disposition.

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Sec. 81. In a court proceeding involving a violation of this act, the court may order the person found guilty of violating this act to reimburse the secretary of state for the reasonable costs of the secretary of state's investigation that resulted in the conviction in addition t…

Mich. Comp. Laws § 256.703 Driver education provider and instructor fund; creation; expenditures; investment; accounting; administration of act.

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Sec. 83. (1) The driver education provider and instructor fund is created as a separate fund in the department of treasury. The fund shall be expended only as provided in this section. The state treasurer may receive money or other assets from any source for deposit into the fund…

Mich. Comp. Laws § 256.704 Deposit of revenue balance into traffic law enforcement and safety fund.

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Sec. 84. After deducting the actual administrative costs of the department, the balance of the revenue from the fees collected under this act, up to an annual total of $15,000.00, shall be deposited in the traffic law enforcement and safety fund created in section 819a of the Mic…

Mich. Comp. Laws § 256.705 Rules.

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Sec. 85. The secretary of state may promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to carry out this act.