6.4Driving in Violation of a Restricted License
“Upon proper showing of extenuating circumstances and special reasons, or need by an applicant who meets the age qualifications and when accompanied by the fee as provided in [the MVC], the secretary of state may recommend a restricted operator’s . . . license containing conditions and restrictions applicable to the licensee, the type of special mechanical control devices required in a motor vehicle operated by the licensee, and the area, time, or other condition that the secretary of state considers necessary to assure the safe operation of a vehicle by the licensee and under which the licensee may operate a motor vehicle.” MCL 257.312(1).
“A license issued to a person who is at least 14 years of age and under 16 years of age shall contain only the conditions determining the hours during which the licensee may drive a motor vehicle and the purpose for which it is to be driven.” MCL 257.312(1). “A license issued to a minor who is at least 14 years of age and under 16 years of age shall be revoked by the secretary of state on the written request of a parent, guardian, or person standing in loco parentis.” MCL 257.312(1).
“A person who violates a restriction imposed in a restricted license issued to that person is guilty of a misdemeanor.” MCL 257.312(4). “[MCL 257.312(4)] does not apply to a person who is at least 14 years of age and under 16 years of age.” Id.
“If a motor vehicle is being driven by a person who is at least 14 years of age and under 16 years of age, and that person is accompanied by a parent, guardian, or person standing in loco parentis, the conditions, limitations, and restrictions set forth in [MCL 257.312] do not apply.” MCL 257.312(5).
MCL 257.901(2) provides for:
•imprisonment for not more than 90 days; or
•fine of not more than $100; or
•both.
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. See Section 1.41 for more information on abstracting procedures.
•Two points. See MCL 257.320a(1)(u); MCL 257.732(1)(a). See Section 1.42 for more information on points.
•License suspension or revocation authorized. See MCL 257.312(3). See Section 1.45 for more information on license suspension and Section 1.44 for more information on license revocation.