Michigan Laws 324.80192 – Convictions requiring order with no expiration date; terminating order; multiple convictions from same incident; judicial review
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(1) Upon receipt of the appropriate records of conviction, the secretary of state shall issue an order with no expiration date that the person not operate a vessel on the waters of this state to a person having any of the following convictions, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
(a) Four convictions under section 80147, former section 74 of the marine safety act, or a local ordinance substantially corresponding to section 80147 within 7 years.
Terms Used In Michigan Laws 324.80192
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, a finding of guilt, or a probate court or family division disposition on a violation of this part, regardless of whether the penalty is rebated or suspended. See Michigan Laws 324.80101
- Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
- Law of another state: means a law or ordinance enacted by any of the following:
(i) Another state. See Michigan Laws 324.80102Marine safety act: means former Act No. See Michigan Laws 324.80103 Operate: means to be in control of a vessel while the vessel is under way and is not secured in some manner such as being docked or at anchor. See Michigan Laws 324.80103 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Use: means operate, navigate, or employ. See Michigan Laws 324.80104 Vessel: means every description of watercraft used or capable of being used as a means of transportation on water. See Michigan Laws 324.80104 Waters of this state: means any waters within the territorial limits of this state, and includes those waters of the Great Lakes that are under the jurisdiction of this state. See Michigan Laws 324.80104
(b) Two convictions of a felony involving the use of a vessel within 7 years.
(c) Any combination of 2 convictions within 7 years for 1 or more of the following:
(i) A violation of section 80176(1) or former section 171(1) of the marine safety act.
(ii) A violation of former section 73 of the marine safety act.
(iii) A violation of section 80176(4) or (5) or former section 171(4) or (5) of the marine safety act.
(d) One conviction under section 80176(4) or (5) or former section 171(4) or (5) of the marine safety act.
(e) Any combination of 3 convictions within 10 years for 1 or more of the following:
(i) A violation of section 80176(1), (3), (4), or (5) or former section 171(1), (3), (4), or (5) of the marine safety act.
(ii) A violation of former section 73 or former section 73b of the marine safety act.
(2) The secretary of state shall issue an order with no expiration date that a person not operate a vessel on the waters of this state notwithstanding a court order issued under section 80176, section 80185 or 80186, former section 73, 73b, 171, 181, or 182 of the marine safety act, or a local ordinance substantially corresponding to section 80176, section 80185 or 80186, or former section 73 or 73b of the marine safety act.
(3) The secretary of state shall not terminate an order with no expiration date issued under this part until both of the following occur:
(a) The later of the following:
(i) The expiration of not less than 1 year after the order was issued.
(ii) The expiration of not less than 5 years after the date of a subsequent issuance of an order with no expiration date occurring within 7 years after the date of a prior order.
(b) The person meets the requirements of the department.
(4) Multiple convictions resulting from the same incident shall be treated as a single violation for purposes of issuance of an order under this section.
(5) Judicial review of an administrative sanction under this section is governed by the law in effect at the time the offense was committed or attempted.