June 16, 2011, Introduced by Senator CASPERSON and referred to the Committee on Transportation.
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.
(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.
(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.
(8) 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.
(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.
(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.
(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.