SB-0496, As Passed Senate, September 28, 2011

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 496

     A bill to amend 1963 PA 181, entitled

"Motor carrier safety act of 1963,"

by amending sections 1a, 2d, and 5 (MCL 480.11a, 480.12d, and

480.15), section 1a as amended by 2006 PA 50, section 2d as amended

by 2005 PA 177, and section 5 as amended by 2006 PA 595; and to

repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1a. (1) This state adopts the following provisions of

title 49 of the code of federal regulations , on file with the

office of the secretary of state, except where modified by this

act:

     (a) Hazardous materials regulations, being 49 CFR parts 100

105 through 180 except for the transportation of agricultural

products for which an exception from the application of 49 CFR

subchapter C and 49 CFR subchapters G and H, part 172, subparts G

and H, is provided under 49 CFR 173.5, is specifically authorized

if the transportation is in compliance with this act and other

state law.

     (b) Motor carrier safety regulations, being 49 CFR parts 40,

356, 365, 368, 371 through 373, 375, 376, 379, 382, 383, 385, 387,

390 through 393, 395 through 399 including the appendices of each

part, except for the following:

     (i) Except as provided in this subparagraph, where the term

"United States department of transportation", "federal motor

carrier safety administration", "federal motor carrier safety

administrator", "director", "bureau of motor carrier safety",

"pipeline and hazardous materials administration", or "associate

administrator for hazardous materials safety" appears, it refers to

the department of state police. If the term is being used for the

purposes of 49 CFR part 397 as it relates to routing and movement

of hazardous materials, it refers to the Michigan state

transportation department.

     (ii) Where "interstate" appears, it shall mean intrastate or

interstate, or both, as applicable, except as specifically provided

in this act.

     (iii) Where "special agent of the federal motor carrier safety

administration", "administration personnel", or "hazardous

materials enforcement specialist" appears, it either means a peace

officer or an enforcement member of the motor carrier division of

the department of state police.

     (iv) Where MCS 63 appears, it means MC 9 and MC 9b.

     (v) Where MCS 64 appears, it means UD-70.

     (vi) Exempt intracity zones and the regulations applicable to

exempt intracity zones do not apply to this act.

     (2) This act does not apply to a bus operated by a public

transit agency operating under any of the following:

     (a) A county, city, township, or village as provided by law,

or other authority incorporated under 1963 PA 55, MCL 124.351 to

124.359. Each authority and governmental agency incorporated under

1963 PA 55, MCL 124.351 to 124.359, has the exclusive jurisdiction

to determine its own contemplated routes, hours of service,

estimated transit vehicle miles, costs of public transportation

services, and projected capital improvements or projects within its

service area.

     (b) An authority incorporated under the metropolitan

transportation authorities act of 1967, 1967 PA 204, MCL 124.401 to

124.426, or that operates a transportation service pursuant to

under an interlocal agreement under as that term is defined in

section 2 of the urban cooperation act of 1967, 1967 (Ex Sess) PA

7, MCL 124.501 to 124.512.MCL 124.502.

     (c) A contract entered into pursuant to under 1967 (Ex Sess)

PA 8, MCL 124.531 to 124.536, or 1951 PA 35, MCL 124.1 to 124.13.

     (d) An authority incorporated under the public transportation

authority act, 1986 PA 196, MCL 124.451 to 124.479, or a nonprofit

corporation organized under the nonprofit corporation act, 1982 PA

162, MCL 450.2101 to 450.3192, that provides transportation

services.

     (e) An authority financing public improvements to

transportation systems under the revenue bond act of 1933, 1933 PA

94, MCL 141.101 to 141.140.

     (3) As used in this act:

     (a) "Hazardous material vehicle inspection or repair facility"

means a commercial enterprise that performs inspections,

certification, testing, or repairs to commercial motor vehicles

transporting hazardous materials as required by 49 CFR parts 100

105 to 180 and includes motor carriers that perform the

inspections, certification, testing, or repairs to vehicles owned

or leased by the motor carrier.

     (b) "Medical examiner" means that term as defined under 49 CFR

390.5.

     Sec. 2d. (1) A person shall not drive operate a commercial

motor vehicle unless he or she is qualified to drive operate that

vehicle. A motor carrier shall not require or permit a person to

drive operate a commercial motor vehicle unless that person is

qualified to drive operate that vehicle.

     (2) In the case of intrastate transportation, a person is

qualified to drive operate a commercial motor vehicle if he or she

meets all of the requirements of 49 CFR part parts 383 and 391,

except all of the following provisions:

     (a) Except as otherwise provided in subdivision (b), the

person is at least 18 years old when transporting intrastate

property or passengers.

     (b) The person is at least 21 years old when transporting

hazardous materials in a quantity that requires the vehicle to be

marked or placarded under 49 CFR parts 100 105 to 180.

     (c) The person is eligible for and displays a valid medical

waiver card, is excepted from the medical waiver card provisions

under this act, or, until December 31, 2014, displays a grandfather

rights card issued in accordance with this act.

     Sec. 5. (1) In the case of intrastate transportation, the

provisions of 49 CFR 391.21 relating to application for employment,

49 CFR 391.23 relating to investigations and inquiries, 49 CFR

391.31 relating to road tests, 49 CFR part 395 relating to hours of

service, 49 CFR 383.71 and 391.41 to 391.45 to the extent that they

require a driver to be medically qualified or examined and to have

a medical examiner's certificate on his or her person, and the

provisions of this act relating to files and records do not apply

to a farm vehicle driver as defined in 49 CFR 390.5.

     (2) For intrastate transportation, the provisions of this act

do not apply to a self-propelled implement of husbandry or an

implement of husbandry being drawn by a farm tractor or another

implement of husbandry.

     (3) The provisions of this act related to driver

qualifications do not apply to public utility, telephone, and cable

television company service employees if those employees are not

otherwise being used as a regularly employed driver and are not

operating a vehicle that meets the definition of a commercial motor

vehicle in 49 CFR part 383.

     (4) The requirements of 49 CFR part 395 do not apply to any

driver of a public utility service vehicle when being used in cases

of emergency. As used in this subsection, "emergency" means any

instance of loss of public utility service due to an unforeseen

circumstance, a natural disaster, or an act of God. A declaration

of emergency by a public official is not required to constitute an

emergency under this subsection.

     (5) A commercial motor vehicle constructed and maintained so

that the body chassis or other parts of the vehicle afford the rear

end protection required by 49 CFR 393.86 is in compliance with that

section.

(5) (6) This act and the rules promulgated under this act do

not apply to a commercial motor vehicle owned and operated by a

unit of government or its employees, except as otherwise provided

by this act, and except for 49 CFR 383.71(h) and all of the

following parts of 49 CFR :parts 382, 391, 392, and 393.

     (a) Part 382.

     (b) Part 391.

     (c) Part 392.

     (d) Part 393.

(6) (7) A combination of vehicles with an actual combination

gross vehicle weight or a gross combination weight rating of 26,000

pounds or less, provided if the trailer or semitrailer has an

actual gross vehicle weight or gross vehicle weight rating of

15,000 pounds or less, may be equipped with surge brakes for

intrastate operation as allowed by section 705(1)(c) of the

Michigan vehicle code, 1949 PA 300, MCL 257.705. Vehicles of any

size that are transporting hazardous materials in an amount that

requires placarding or vehicles that are designed to transport more

than 8 passengers, including the driver, are prohibited from being

shall not be equipped with surge brakes for intrastate operation.

(7) (8) This Except for the purpose of granting a waiver in

accordance with section 53 of the pupil transportation act, 1990 PA

187, MCL 257.1853, this act and the rules promulgated under this

act do not apply to a school bus as defined in section 7 of the

pupil transportation act, 1990 PA 187, MCL 257.1801 to 257.1877,

MCL 257.1807, or a bus defined, and certificated for which a

certificate of authority was issued, under the motor bus

transportation act, 1982 PA 432, MCL 474.101 to 474.141.

(8) (9) A motor carrier operating entirely in intrastate

commerce solely within Michigan shall not permit or require a

driver an operator of a commercial motor vehicle engaged in

seasonal construction-related activities, regardless of the number

of motor carriers using the driver's operator's services, to do

either of the following:

     (a) Drive Operate for any period after having been on duty 70

hours in any 7 consecutive days or having been on duty 80 hours in

any period of 8 consecutive days.

     (b) Drive Operate more than 12 hours or be on duty more than

16 hours in any day.

(9) (10) As used in subsections (3) and (4), "public utility"

means a person or corporation operating equipment or facilities for

producing, generating, transmitting, delivering, or furnishing gas

or electricity for the production of light, heat, or power for the

public for compensation.

(10) (11) As used in this section:

     (a) "Implement of husbandry" means that term as defined in

section 21 of the Michigan vehicle code, 1949 PA 300, MCL 257.21.

     (b) "Farm tractor" means that term as defined in section 16 of

the Michigan vehicle code, 1949 PA 300, MCL 257.16.

     Enacting section 1. Sections 4 and 4a of the motor carrier

safety act of 1963, 1963 PA 181, MCL 480.14 and 480.14a, are

repealed effective December 31, 2014.

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 495                                   

          of the 96th Legislature is enacted into law.