5.10Allowing Another Person to Operate a Motor Vehicle With a Suspended/Revoked License6
“A person shall not knowingly permit a motor vehicle owned by the person to be operated on a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within [Michigan] by an individual whose license or registration certificate is suspended or revoked, whose application for license has been denied, or who has never applied for a license, except as permitted under [the MVC].” MCL 257.904(2).
•M Crim JI 15.23 addresses the elements of permitting another person to drive a motor vehicle with a suspended or revoked license.
MCL 257.904(3) provides for the following penalties:
•First Violation:
•imprisonment for not more than 93 days; or
•fine of not more than $500; or
•both.
•Violation Occurring After Prior Conviction:
•imprisonment for not more than one year; or
•fine of not more than $1,000; or
•both.
“A prior conviction under [MCL 257.904] must be established at or before sentencing by 1 or more of the following:
(a) A copy of a judgment of conviction.
(b) An abstract of conviction.
(c) A transcript of a prior trial, plea, or sentencing.
(d) A copy of a court register of action.
(e) A copy of the defendant’s driving record.
(f) Information contained in a presentence report.
(g) An admission by the defendant.” MCL 257.904(9).
Only applicable sanctions are listed below; accordingly, if a particular sanction is omitted from this section, it is not applicable to this offense. The Offense Code Index for Traffic Violations published by the secretary of state and sourced from the Michigan Department of State Court Manual includes a table detailing traffic offenses and applicable sanctions.
•Vehicle immobilization authorized. See MCL 257.904d(4)(b). See Section 1.47 for more information on vehicle immobilization.
•Registration plate cancellation required.7 See MCL 257.904(3).
•Scope of MCL 257.904.
MCL 257.904 “does not apply to an individual who operates a vehicle solely for the purpose of protecting human life or property if the life or property is endangered and summoning prompt aid is essential.” MCL 257.904(15).
“For purposes of [MCL 257.904], an individual who never applied for a license includes an individual who applied for a license, was denied, and never applied again.” MCL 257.904(19).
6.The felony offenses contemplated by MCL 257.904 are discussed in Chapter 7.
7. Upon a first violation of MCL 257.904(1) or MCL 257.904(2), “[u]nless the vehicle was stolen or used with the permission of a person who did not knowingly permit an unlicensed driver to operate the vehicle, the registration plates of the vehicle must be canceled by the secretary of state on notification by a peace officer.” MCL 257.904(3)(a). For any violation of MCL 257.904(1) or MCL 257.904(2) that occurs after a prior conviction, the registration plates of the vehicle must be canceled unless the vehicle was stolen. MCL 257.904(3)(b).