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 MIKE COX, ATTORNEY GENERAL
SECRETARY OF STATE: TREATIES: By virtue of the 1943 Convention on the Regulation of Inter-American
Automotive Traffic, a resident of Mexico who is at least 18 years of age and
possesses a driving license required by the laws of Mexico or issued by any
political subdivision of Mexico having legal authority to issue driving licenses
is entitled to exercise the same driving privileges in Michigan as were
conferred by the issuing authority, without also obtaining a Michigan driver
license. Under MCL 257.302a, the Michigan Secretary of State has exchanged letters
with certain foreign countries to confirm reciprocal operator privileges, as
identified on the list published on the Michigan Secretary of State's website.
Michigan must also extend operating privileges to individuals authorized to
drive in the United States by the 1943 Convention on the Regulation of
Inter-American Automotive Traffic and the 1949 Convention on Road Traffic
entered into between the United States and certain other countries. Opinion No. 7181 October 6, 2005 Honorable Cameron Brown
Honorable Rick Shaffer You have asked two questions concerning the operation of motor vehicles in
Michigan by persons licensed in countries other than the United States.
Materials accompanying your request suggest that local law enforcement agencies
need guidance concerning whether a person licensed to operate a vehicle in
Mexico may lawfully operate a vehicle in Michigan without also obtaining a
Michigan driver license. The United States is a signatory to several treaties governing the
international use of highways. Treaties are the supreme law of the land. US
Const, art VI, cl 2.
MOTOR VEHICLE CODE:
Michigan's recognition of
foreign operator licenses
State Senator
State Representative
The Capitol
The Capitol
Lansing, MI 48913
Lansing, MI 48913
In 1943, the United States, Mexico, and other North and South American countries entered into a treaty to establish uniform rules to control and regulate international automotive traffic and facilitate the movement of motor vehicles. Convention on the Regulation of Inter-American Automotive Traffic, opened for signature December 15, 1943, 61 Stat 1129; TIAS 1567 (1943 Treaty). Compliance with the 1943 Treaty entitles "motor vehicles and motor vehicle operators to circulate on the highways of any of the Contracting States." 1943 Treaty, art VII.
Article VI of the 1943 Treaty imposes two requirements on a Mexican resident operating a vehicle in a signatory country. The operator must possess a driving license required by the laws of Mexico or issued by any political subdivision of Mexico having legal authority to issue driving licenses, and must be at least 18 years of age.2 Nothing in the 1943 Treaty requires Michigan to recognize driving privileges beyond those granted by the issuing authority.
In 1949, the United Nations formulated a treaty allowing drivers who possess valid driving licenses issued by the signatory nations to drive in other countries that are parties to the treaty, without further examination. Convention on Road Traffic, September 19, 1949, 3 UST 3008; TIAS 2487 (1949 Treaty); see Eskew v Young, 992 F Supp 1049, 1052-1053 (SD Ill, 1998); Schofield v Hertz Corp, 201 Ga App 830, 831-832; 412 SE 2d 853 (1991).3
This treaty was signed by the United States and countries in North and South America, Europe, Asia, Africa, and Australia. Mexico is not, however, a signatory to this treaty.
4 Article 30 of the 1949 Treaty recognizes that the Treaty only affects the rights of the signatory countries; it does not alter rights established between the United States and Mexico under the 1943 Treaty:This Convention shall terminate and replace, in relations between the Contracting States, the International Convention relative to Motor Traffic and the International Convention relative to Road Traffic signed at Paris on 24 April 1926, and the Convention on the Regulation of Inter-American Automotive Traffic opened for signature at Washington on 15 December 1943. [Emphasis added.]
It is my opinion, therefore, in answer to your first question, that by virtue of the 1943 Convention on the Regulation of Inter-American Automotive Traffic, a resident of Mexico who is at least 18 years of age and possesses a driving license required by the laws of Mexico or issued by any political subdivision of Mexico having legal authority to issue driving licenses is entitled to exercise the same driving privileges in Michigan as were conferred by the issuing authority, without also obtaining a Michigan driver license.
You also ask whether the Michigan Secretary of State publishes a list of countries with which the Michigan Secretary of State has exchanged letters confirming reciprocal operating privileges, as required by the Motor Vehicle Code. Materials accompanying your request suggest the need for uniform guidance concerning the recognition Michigan must afford foreign driver licenses.
The Motor Vehicle Code, 1949 PA 300, MCL 257.1 et seq, governs operation of motor vehicles in Michigan. MCL 257.302a provides that the Michigan Secretary of State may exchange letters with foreign countries to confirm reciprocal operating privileges and must publish a list of those countries:
(1) Except as otherwise provided by this act, a nonresident operator of a motor vehicle, who is the holder of a license to operate a motor vehicle in the country in which he or she resides, shall not be required to obtain a license to operate any passenger vehicle within this state, if he or she does not receive compensation for such operation. This section shall not apply unless the secretary of state determines that the standards of the other country for licensing operators correspond substantially to those of this state and that the other country extends the same privileges to persons licensed to operate vehicles by this state. This section shall not apply unless the secretary of state and the other country have exchanged letters confirming the reciprocal extension of privileges to operate vehicles.
(2) On May 1 and November 1 each year, the secretary of state shall publish a list of the countries for which reciprocal operating privileges have been extended and withdrawn. The list shall be mailed to the courts, prosecuting attorneys, and law enforcement agencies of this state.
The Michigan Secretary of State's website publishes a list identifying the countries with which the Michigan Secretary of State has exchanged letters confirming reciprocal operating privileges. That list identifies only France and Germany.
5 While the list identifies countries with which the Michigan Secretary of State has exchanged such letters, it should not be regarded as providing a complete list of countries whose operator licenses must be recognized in Michigan. As discussed in connection with your first question, Michigan must recognize licenses issued by signatory countries to the 1943 and 1949 Treaties in accordance with the terms of those agreements.6In answer to your second question, under MCL 257.302a, the Michigan Secretary of State has exchanged letters with certain foreign countries to confirm reciprocal operator privileges, as identified on the list published on the Michigan Secretary of State's website. Further, it is my opinion that Michigan must also extend operating privileges to individuals authorized to drive in the United States by the 1943 Convention on the Regulation of Inter-American Automotive Traffic and the 1949 Convention on Road Traffic entered into between the United States and certain other countries.
MIKE COX
Attorney General