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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL


Opinion No. 6533

August 10, 1988

MOTOR VEHICLES: Waiver of behind-the-wheel road tests for persons completing approved driver education course offered by private school

A person who has successfully completed a Department of Education approved driver education course and examination offered by a private school is not required to take a behind-the-wheel road test in order to receive an original operator's license to drive a motor vehicle.

Honorable Michael E. Nye

State Representative

The Capitol

Lansing, Michigan 48909

You have requested my opinion on whether the Department of State may require a road test for persons successfully completing a driver education course from private schools and not for persons successfully completing a public school driver education course.

The Department of State is the exclusive state agent for the administration of the motor vehicle operator licensing provisions of the Michigan Vehicle Code, MCL 257.1 et seq; MSA 9.1801 et seq, MCL 257.202; MSA 9.1902, and MCL 16.127; MSA 3.29(27). Chapter 3 of the Michigan Vehicle Code, MCL 257.301-257.328; MSA 9.2001-9.2028, establishes a comprehensive licensing scheme for the issuance, denial, suspension and revocation of operators' licenses.

All persons seeking an operator's license, whether an original or a renewed license, must file an application with the Department of State. MCL 257.307; MSA 9.2007.

MCL 257.309; MSA 9.2009, as amended by 1987 PA 232, requires the Department of State to examine applicants for operators' licenses, and provides in pertinent part:

"(1) Before issuing a license, the secretary of state shall examine each applicant for an operator's or chauffeur's license who at the time of the application is not the holder of a valid, unrevoked operator's license under a law of this state providing for the licensing of drivers....

"(4) An original license shall not be issued by the secretary state without an examination conducted by the secretary of state or by a designated examining officer under subsection (2). The fee for a behind-the-wheel road test for an operators license shall be $11.00.... A behind-the-wheel road test shall not be required of an applicant if the applicant has successfully passed a driver education course and examination, within the year preceding the application for license, and the course and examination were given pursuant to section 811. This subsection shall not apply to an applicant if the driver education course taken by the applicant did not include on-the-street driver experience...."

Section 811 of the Michigan Vehicle Code, MCL 257.811; MSA 9.2511, provides in pertinent part:

"(4) As used in this section. 'driver education courses' include classroom instruction, behind the wheel instruction, and observation in an automobile under the supervision of a qualified teacher or licensed instructor. The department of education shall not require that licensed driver training school teachers or instructors be certificated under Act No. 451 of the Public Acts of 1976, as amended being sections 380.1 to 380.1852 of the Michigan Compiled Laws.

"(5) The department of education may promulgate rules pursuant to Act No. 306 of Public Acts of 1969, as amended, being sections 24.201 to 24.328 of the Michigan Compiled Laws, including instructional standards, teacher qualifications, reimbursement procedures, and other requirements to further implement this section.

"(6) Notwithstanding sections 301, 303, 306, and 308, an operator's license shall not be issued to a person under 18 years of age unless that person successfully passes a driver education course and examination given by a public school, nonpublic school, or an equivalent course approved by the department of education given by a licensed driver training school...."

It is noted that the Department of Education has promulgated rules governing driver education courses provided by public and private schools offering secondary education programs, and licensed driver training schools, which establish a minimum number of hours for classroom instruction and behind-the-wheel experience. 1982 AACS, R 388.308--R 338.309.

MCL 257.309; MSA 9.2009, requires the Department of State to examine the ability of all applicants for an original Michigan license to operate a motor vehicle by a behind-the-wheel road test. That statute also prohibits the Department of State from requiring that the test be taken by applicants for an original operator's license who have, within the preceding year, successfully passed a driver education course and examination given pursuant to Sec. 811.

The Department of State does not have any discretion in deciding which applicants for an original operator's license must take a behind-the-wheel road test. MCL 257.309; MSA 9.2009, mandates those applicants who must and those who need not be administered behind-the-wheel road tests. The determining factor is whether the applicant has passed a driver education course and examination approved by the State Board of Education as required by Sec. 811. Section 811 does not distinguish between public schools, non-public schools or an equivalent course approved by the Michigan Department of Education given by a licensed driver training school. The Department of Education issues driver training certificates to students who have successfully completed the Department of Education approved curriculum given by a public school, non-public school or an equivalent course approved by the Michigan Department of Education and given by a licensed driver training school. 1979 AC, R 388.305 and R 388.318. Reading Sec. 309 and Sec. 811 together, the Department of State is required to waive the road test for a person who meets the requirements of Secs. 309 and 811 of the Michigan Vehicle Code.

It is my opinion, therefore, that a person who has successfully completed a Department of Education approved driver education course and examination offered by a private school is not required to take a behind-the-wheel road test in order to receive an original operator's license to drive a motor vehicle.

Frank J. Kelley

Attorney General


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