March 22, 2011, Introduced by Senators KOWALL, HUNE, PAVLOV, BRANDENBURG and GLEASON and referred to the Committee on Transportation.
A bill to amend 1933 PA 254, entitled
"The motor carrier act,"
by amending section 2 of article V (MCL 479.2), as amended by 2008
PA 584.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
ARTICLE V
Sec. 2. (1) Except as provided in section 7 of article IV,
this act does not apply to any of the following:
(a) A vehicle, other than a vehicle transporting household
goods or motor vehicles, operated entirely within a city or village
of this state; or to a motor carrier of property, other than a
motor carrier of household goods or motor vehicles, whose
operations may extend a distance of not more than 8 miles beyond
the boundary of a city or village having a population of less than
500,000, if the origin and destination of the property being
transported is within an 8-mile radius of the city or village. The
territory within the external corporate limits of a city, even
though it includes and embraces the area of 1 or more separately
organized and existing cities, shall be considered a single city.
Notwithstanding any other provision of this subdivision, a
certificate or permit issued under this act is required for the
operation of a vehicle of a motor carrier, including a vehicle
transporting household goods, other than a vehicle exempted under
subdivisions (b) to (q), in the transportation of property between
a city having a population of 500,000 or more and a city or village
located within the commercial zone of a city having a population of
500,000 or more, or between cities or villages within that
commercial zone. As used in this subdivision, "commercial zone"
means the area within an 8-mile radius of a city having a
population of 500,000 or more and includes all cities and villages,
any part of which are located within that 8-mile radius.
(b) A vehicle owned or operated by the state or the United
States, or by a state or federal corporation, agency, or
instrumentality.
(c) A vehicle owned or operated by an incorporated city,
village, or school district, or by a county or township in the
state or by a corporation, agency, or instrumentality of the state,
for governmental purposes.
(d) A vehicle used exclusively for carrying United States
mail.
(e) A vehicle used for the transportation of farm products,
including livestock, when transported by other than the owner, from
the farm to the market in the raw state, or used for the
transportation of milk from the farm to milk stations, or trucks
owned by a farmer bearing a farm truck license issued under section
801(1)(c) of the Michigan vehicle code, 1949 PA 300, MCL 257.801,
when being used by the farmer in hauling farm produce, livestock,
or farm equipment, and supplies for other farmers for remuneration
in kind or in labor, but not for money.
(f) A vehicle used for the transportation of fruits, eggs,
poultry, fish and seafood, grain, vegetables, seeds, nursery stock,
horticultural products, and sugar beets. This subdivision shall not
exempt a vehicle transporting the commodities described in this
subdivision in other than the raw state.
(g) A vehicle used for occasional accommodative service
including seasonal transportation of perishable commodities even
though the cost of the accommodative service and seasonal
transportation of perishable commodities may be paid by the person
accommodated.
(h) A dump truck having not more than 4 axles or any dump
vehicle moving directly to and from a public highway, airport, or
railroad or bridge construction site, when used for the
transportation of sand, gravel, slag, stone, limestone, crushed
stone, marl, pebbles, cinders, bituminous aggregates, asphalt,
blacktop, dirt, or fill material, or any dump vehicle transporting
commodities generally transported in the dump vehicle operating
within an 8-mile radius of a city having a population of 500,000 or
more and including all other cities or villages, any part of which
is located within the 8-mile radius.
(i)
A vehicle used to transport a vehicle that is temporarily
disabled
from a point within an 8-mile radius of a city having a
population
of 500,000 or more and including all other cities or
villages,
any part of which is located within the 8-mile radius to
another
point within that radius.
(i) (j)
A vehicle used for the
transportation of pulpwood,
logs, wood chips, bark, and sawdust when the vehicle is being used
to move the commodities from a forest, woodlot, cutting site,
sawmill, or chipping site to a market or railroad siding of not
more than a 140-mile radius from the place where the vehicle is
loaded.
(j) (k)
A vehicle having a manufacturer's
rating of not more
than 1-1/2 tons capacity or the equivalent gross vehicle weight
rating used for the transportation of newspapers.
(l) A vehicle towing a disabled motor vehicle from the
location
at
which it was disabled to another location or a vehicle towing a
motor
vehicle involved in an accident from the location of the
accident
to another location.
(k) (m)
A vehicle used in the
transportation of livestock,
poultry feed, chemicals, pesticides, and fertilizers on movements
directly to a farm for use in agricultural production.
(l) (n)
A vehicle used for the
transportation of property for
compensation provided by a person who is a member of a corporate
family for other members of the corporate family, if all of the
following conditions are met:
(i) The parent corporation notifies the commission annually of
its intent or the intent of 1 of its subsidiaries to provide the
transportation.
(ii) The notice described in subparagraph (i) contains a list of
participating subsidiaries and an affidavit that the parent
corporation owns directly or indirectly a 100% interest in each of
the subsidiaries.
(iii) The notice described in subparagraph (i) is accompanied by
a fee of $100.00.
(iv) The commission publishes the notice described in
subparagraph (i) in the biweekly bulletin.
(v) A copy of the notice described in subparagraph (i) is
carried in the cab of all vehicles conducting the transportation.
(m) (o)
A vehicle transporting animal and
poultry feed or feed
ingredients to sites of agricultural production or to a business
enterprise engaged in the sale to agricultural producers of goods
used in agricultural production.
(n) (p)
A vehicle transporting recyclable
materials to or from
a resource recovery facility. The terms "recyclable materials" and
"resource recovery facility" have the meanings attributed to these
terms in part 115 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.11501 to 324.11550, except
that the term recyclable materials does not include industrial
scrap metal. This subdivision shall not be construed to exempt from
this act a vehicle transporting new products.
(o) (q)
A vehicle transporting property
for, or on behalf of,
a nonprofit charitable institution or for a house of public
worship.
(2)
As used in subsection (1)(n) (1)(l), "corporate
family"
means a group of corporations consisting of a parent corporation
and all subsidiaries in which the parent corporation owns directly
or indirectly a 100% interest.
(3) None of the exemptions in this section, where applicable,
apply to a vehicle entering this state from another state, foreign
country, or subdivision of a state or foreign country that does not
extend similar exemptions to vehicles from this state entering the
state, foreign country, or subdivision.