Driver responsibility fees are imposed under MCL 257.732a when a driver accumulates seven or more points within a two-year period, MCL 257.732a(1), or upon conviction of certain enumerated offenses, MCL 257.732a(2).
A.Accumulation of Seven or More Points
Until October 1, 2018,1 “an individual, whether licensed or not, who accumulates 7 or more points on his or her driving record under [MCL 257.320a and MCL 257.629c] within a 2-year period for any violation not listed under [MCL 257.732a(2)] shall be assessed a $100.00 driver responsibility fee. For each additional point accumulated above 7 points not listed under [MCL 257.732a(2)], an additional fee of $50.00 shall be assessed. The secretary of state shall collect the fees described in [MCL 257.732a(1)] once each year that the point total on an individual driving record is 7 points or more. This subsection is subject to [MCL 257.732a(11)].” MCL 257.732a(1).
B.Conviction of Enumerated Offenses
“An individual, whether licensed or not, who violates any of the following sections or another law or local ordinance that substantially corresponds to those sections shall be assessed a driver responsibility fee as follows:
(a) Subject to [MCL 257.732a(10) and MCL 257.732a(11)], upon posting an abstract indicating that an individual has been found guilty for a violation of law listed or described in this subdivision, the secretary of state shall assess a $1,000.00 driver responsibility fee each year for 2 consecutive years:
(i) Manslaughter, negligent homicide, or a felony resulting from the operation of [an] . . . ORV[] or snowmobile.
* * *
(iii) . . . [MCL 324.81134].
(iv) Failing to stop and disclose identity at the scene of an accident when required by law.
(v) Fleeing or eluding an officer.” MCL 257.732a(2)(a).
“The driver responsibility ‘fees’ imposed by MCL 257.732a(2)(a) . . . do not violate the double jeopardy or the equal protection guarantees of the United States and Michigan constitutions[.]” Dawson v Secretary of State, 274 Mich App 723, 748 (2007) (opinion by Wilder, P.J.); see also id. (B.K. Zahra, J., concurring).
The other driver responsibility fee provisions listed in MCL 257.732a apply to MVC offenses and are outside the scope of this benchbook.
2018 PA 50 amended MCL 257.732a to eliminate the assessment of driver responsibility fees by October 1, 2018. MCL 257.732a(1)-(2) are subject to MCL 257.732a(10), which requires the reduction of fees collected each year until fees are completely eliminated, and MCL 257.732a(11), which addresses outstanding driver responsibility fees and certain individuals whose license has been suspended under MCL 257.904(10).
1.MCL 257.732a(10)(a):Elimination of Fees Assessed and Collected Under MCL 257.732a(1)
MCL 257.732a(10)(a) states:
“(10) Subject to [MCL 257.732a(4) and MCL 257.732a(11)], a driver responsibility fee shall be assessed and collected under [MCL 257.732a] as follows:
(a) For an individual who accumulates 7 or more points on his or her driving record beginning on the following dates, a fee assessed under [MCL 257.732a(1)] shall be reduced as follows:
(i) Beginning October 1, 2015, the assessment shall be 75% of the fee calculated under [MCL 257.732a(1)].
(ii) Beginning October 1, 2016, the assessment shall be 50% of the fee calculated under [MCL 257.732a(1)].
(iii) Beginning October 1, 2018, no fee shall be assessed under [MCL 257.732a(1)].” (Emphasis added).
2.MCL 257.732a(10)(b): Elimination of Fees Assessed and Collected Under MCL 257.732a(2)(a) or MCL 257.732a(2)(b)2
MCL 257.732a(10)(b) states:
“(10) Subject to [MCL 257.732a(4) and MCL 257.732a(11)], a driver responsibility fee shall be assessed and collected under [MCL 257.732a] as follows:
* * *
(b) A fee assessed under [MCL 257.732a(2)(a) or MCL 257.732a(2)(b)] shall be reduced as follows:
(i) For a violation that occurs on or after October 1, 2015, 100% of the fee shall be assessed for the first year and 50% for the second year.
(ii) For a violation that occurs on or after October 1, 2016, 100% of the fee shall be assessed for the first year and no fee shall be assessed for the second year.
(iii) Beginning October 1, 2018, no fee shall be assessed under [MCL 257.732a(2)(a) or MCL 257.732a(2)(b)].” (Emphasis added).
3.MCL 257.732a(11): Outstanding Driver Responsibility Fees and Certain Suspended Licenses
MCL 257.732a(11) states:
“(11) Beginning September 30, 2018, all of the following apply:
(a) Any outstanding driver responsibility fee assessed under [MCL 257.732a] shall not be collected.
(b) An individual is not liable for any outstanding driver responsibility fee assessed under [MCL 257.732a] or responsible for completing workforce training under [MCL 257.732b].
(c) An individual whose driving privileges were suspended under [MCL 257.732a] or an individual whose driving privileges were suspended under [MCL 257.904(10)], if that suspension arose out of the unlawful operation of a motor vehicle or a moving violation reportable under [MCL 257.732] while his or her driving privileges were suspended under [MCL 257.732a], is eligible to reinstate his or her operator’s license if he or she is otherwise in compliance with [the Michigan Vehicle Code (MVC), MCL 257.1 et seq].”
“The secretary of state shall send a notice of the driver responsibility assessment, as prescribed under [MCL 257.732a(1) or MCL 257.732a(2)], to the individual by regular mail to the address on the records of the secretary of state. If payment is not received within 30 days after the notice is mailed, the secretary of state shall send a second notice that indicates that if payment is not received within the next 30 days, the driver’s driving privileges will be suspended.” MCL 257.732a(3).
“Except as otherwise provided in this subsection or [MCL 257.732b], if payment is not received or an installment plan is not established after the time limit required by the second notice prescribed under [MCL 257.732a(3)] expires, the secretary of state shall suspend the driving privileges until the assessment and any other fees prescribed under [the MVC] are paid. However, if the individual’s license to a motor vehicle is not otherwise required under [the MVC] to be denied, suspended, or revoked, the secretary of state shall reinstate the individual’s operator’s driving privileges if the individual requests an installment plan under [MCL 257.732a(4)] and makes proper payment under that plan. Fees required to be paid for the reinstatement of an individual’s operator’s driving privileges as described under this subsection shall, at the individual’s request, be included in the amount to be paid under the installment plan. If the individual establishes a payment plan as described in this subsection and [MCL 257.732a(4)] but the individual fails to make full or timely payments under that plan, or enters into workforce training under [MCL 257.732b] but fails to successfully complete that service within the 45-day period allowed, or withdraws from workforce training with or without good cause shown, the secretary of state shall suspend the individual’s driving privileges. The secretary of state shall only reinstate a license under this subsection once.” MCL 257.732a(5).
1 Driver responsibility fees are phased out and will no longer be assessed after October 1, 2018. See 2018 PA 50. See Section 1.7(C) for more information on the driver responsibility fee sunset provisions.
2 Discussion of offenses for which fees are assessed and collected under MCL 257.732b are outside the scope of this benchbook. They are discussed in the Michigan Judicial Institute’s Traffic Benchbook.