June 12, 2012, Introduced by Rep. Johnson and referred to the Committee on Transportation.
A bill to amend 1963 PA 181, entitled
"Motor carrier safety act of 1963,"
by amending section 5 (MCL 480.15), as amended by 2011 PA 160.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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
does 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 concerning 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) 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 49 CFR parts 382,
391, 392, and 393.
(6) A combination of vehicles with an actual combination gross
vehicle weight or a gross combination weight rating of 26,000
pounds or less, 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, shall not be equipped with surge brakes for
intrastate operation.
(7) 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 257.1807, or a bus defined,
and for which a certificate of authority was issued, under the
motor bus transportation act, 1982 PA 432, MCL 474.101 to 474.141.
(8)
A This act does not
restrict the number of consecutive
hours of operation that a motor carrier operating entirely in
intrastate
commerce solely within Michigan shall not may permit or
require of an operator of a commercial motor vehicle engaged in
seasonal
construction-related activities. , regardless of the
number
of motor carriers using the operator's services, to do
either
of the following:
(a)
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)
Operate more than 12 hours or be on duty more than 16
hours
in any day.
(9) 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) 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.