Generations of Michigan drivers have relied upon their contemporary edition of What Every Driver Must Know¹ in preparation for the written and practical parts of their driver’s license test. The Secretary of State and Commissioner of State Police first issued the pamphlet in 1937.² Its contents were approved by the Attorney General as a correct interpretation of the laws “relating to the operation of motor vehicles on the streets and highways of this state.”³ The following year, the state printed a million copies of the pamphlet for the benefit of Michigan motorists.⁴

Early on, driver’s test examinations were based on the pamphlet, which updated and summarized changes in traffic laws “not known to the average driver.”⁵ Examiners across the state advised prospective motorists to read it before taking the test.⁶ Today, What Every Driver Must Know continues to provide essential information on road signage and signals, vehicle operations and equipment requirements, and highway safety rules for new and experienced drivers alike.

The pamphlet’s simple roots and ubiquity obscure its noteworthy role in the history of Michigan motor vehicle laws. Let’s take a look …

IN THE REARVIEW MIRROR

In 1905, Michigan joined the growing number of states requiring registration and licensing of motor vehicles.⁷ Public Act 196⁸ outlined our state’s first steps to regulate the use of motor vehicles on public highways. The Act required every motor vehicle owner to register their motor vehicle with the Secretary of State. In turn, the Secretary of State was tasked with coordinating the registration process, which included issuing individual certificates of registration (licenses) and license plates, collecting licensing fees, and keeping appropriate records. Surplus fees were earmarked for maintaining good roads for the benefit of the state at large.⁹

The 1905 statute also addressed basic elements of road safety and etiquette for drivers. It specified, for example, where to attach the seal or license plate on a vehicle and requirements for front and rear lights. Rules for operating a motor vehicle in the presence of pedestrians, rules for non-motor vehicle traffic, and guidance for proper turning, passing, and lending assistance are set out in the statute as well.

Over the next ten years, the Michigan legislature amended its motor vehicle law multiple times to respond to the needs of rapidly expanding motor vehicle use and to standardize local variations throughout the state.¹⁰

In 1915, Michigan enacted the Michigan Motor Vehicle Law,¹¹ a more comprehensive statute incorporating many of the changes to motor vehicle law that had been enacted over the previous decade. The same legislature enacted the Garage Keeper’s Lien Act,¹² which established lien rights for motor vehicle mechanics (garage keepers) over automobiles or other propelled vehicles maintained, stored, or repaired at the request of the vehicle’s registered owner.

While the Garage Keeper’s Lien Act, as amended, remains in force today, the Michigan Motor Vehicle Law was repealed and replaced in 1949 by the Michigan Vehicle Code.¹³ According to a special consultant to the (then) Secretary of State, the new code included few substantive changes to Michigan’s motor vehicle laws.¹⁴ The drafter followed the topical arrangement of the Uniform Motor Vehicle Code in an effort to clarify, simplify, and make the state’s motor vehicle laws more comprehensible for Michigan motorists.¹⁵ The better informed motorists are, the safer streets and highways will be for all Michiganders.

ROADS LESS TRAVELED

The Michigan Vehicle Code designates the Secretary of State as the exclusive state agent to administer its driver’s license provisions¹⁶ and issue rules¹⁷ within the scope of that authority. For example, “Driver License General Rules”¹⁸ in the Administrative Code outline the hearing process for lost or restricted driving privileges. Other regulations focus on specific types of vehicles, such as motorcycles¹⁹ and watercraft.²⁰ In that respect, What Every Driver Must Know and Secretary of State administrative rules for motor vehicles are coordinated and complementary, but not duplicative.

Michigan courts have addressed the evidentiary value of What Every Driver Must Know to automobile accident cases in the state. Early editions of the pamphlet had included a chart titled “Stopping Distance – Passenger Cars,” which indicated the braking distance needed for a car traveling at different rates of speed. In Winekoff v Pospisil,²¹ the Michigan Supreme Court held that the trial court’s judicial notice of the chart was not prejudicial, as the stopping distances used in the chart were “widely published and pretty well understood.”²²

The stopping distance chart is no longer contained in What Every Driver Must Know. However, later automobile accident litigants have requested judicial notice of other elements of the pamphlet.²³ In Lawrence v Schauf,²⁴ plaintiff sought to rely on the pamphlet as authority for defining the parties’ respective duties without formal proof. The Court of Appeals explained:

Historically, our Supreme Court has only endorsed the use of the stopping-distance tables … [t]he pamphlet is not an official source of Michigan’s constitutional, statutory, or common law … it is merely a guide to finding information regarding “obtaining a driver’s license, common traffic laws, signs and signals, and basic driving tips for sharing the road and handling emergency situations.” Contrary to plaintiff’s assertion, the pamphlet is not authoritative for determining the relative rights and responsibilities of the parties in this case.²⁵

THE HIGHWAY AHEAD

Numerous editions of What Every Driver Must Know have been published to keep pace with revisions in Michigan motor vehicle laws over the past century. The pamphlet has evolved from a state-approved interpretation of Michigan’s motor vehicle laws to a helpful guide for motorists and other Michiganders seeking a driver’s license. Looking ahead, it will be interesting to see whether our “rules of the road” may require further tweaking to accommodate the developing needs of autonomous car owners.