HOUSE BILL No. 6282


     November 5, 1998, Introduced by Rep. Profit and referred to the Committee on Transportation.


        A bill to amend 1933 PA 254, entitled

   "The motor carrier act,"

   by amending section 18 of article V (MCL 479.18), as amended by

   1988 PA 355.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                ARTICLE V

 2         Sec. 18.  (1) The commission may, upon application of any

 3    person or any motor carrier, or upon its own motion, and upon at

 4    least 10 days' notice to the parties affected thereby, for good

 5    cause, and after an opportunity to be heard, revoke, suspend,

 6    alter, amend, or modify any of its findings or orders.  However,

 7    a certificate or permit shall only be amended, altered, modified,

 8    revoked, suspended, or impaired after like notice and opportunity

 9    to be heard and upon clear proof of good, just, and sufficient

10    cause.  In addition, beginning January 1, 1989, a person or motor


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 1    carrier may also be subject to an assessment of not to exceed

 2    $500.00 for each violation of this act, a rule promulgated or an

 3    order issued  pursuant to  UNDER this act, or a term or condition

 4    of a certificate or permit.

 5         (2) The commission may grant rehearings in all proceedings

 6    before it upon petition filed within the time allowed by law to

 7    bring proceedings for review.  All orders entered pursuant to

 8    this section shall be served and take effect as provided in this

 9    act for original orders, and the time allowed by law to bring

10    proceedings to review any order of the commission shall continue

11    after the order denying the hearing or after the order made upon

12    a rehearing.  The commission shall keep a docket of all causes

13    and proceedings under this act and upon request, upon payment of

14    a reasonable fee, shall furnish any interested party fair copies

15    of any application, answer, petition, motion, order, finding,

16    certificate, or permit on file with, or made or issued by it in

17    any proceeding.

18         (3) The assessments collected pursuant to this section shall

19    be deposited in the truck safety fund established in section 25

20    of  Act No. 51 of the Public Acts of 1951, being section 247.675

21     of the Michigan Compiled Laws  1951 PA 51, MCL 247.675.

22         (4) THIS CHAPTER SHALL BE APPLICABLE AND UNIFORM THROUGHOUT

23    THIS STATE AND IN ALL POLITICAL SUBDIVISIONS AND LOCAL UNITS OF

24    GOVERNMENT IN THIS STATE.  A LOCAL UNIT OF GOVERNMENT SHALL NOT

25    ADOPT, ENACT, OR ENFORCE A LOCAL LAW THAT IS IN CONFLICT WITH

26    THIS ACT.





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 1         (5) A LOCAL LAW OR A PORTION OF A LOCAL LAW THAT IMPOSES A

 2    CRIMINAL PENALTY FOR AN ACT OR OMISSION THAT IS A CIVIL

 3    INFRACTION UNDER THIS ACT, OR THAT IMPOSES A CRIMINAL PENALTY OR

 4    CIVIL SANCTION IN EXCESS OF THAT PRESCRIBED IN THIS ACT, IS IN

 5    CONFLICT WITH THIS ACT AND IS VOID TO THE EXTENT OF THE

 6    CONFLICT.

 7         (6) PROCEEDS OF A CIVIL FINE IMPOSED BY A LOCAL UNIT OF GOV-

 8    ERNMENT FOR VIOLATION OF A LOCAL LAW REGULATING FOR-HIRE MOTOR

 9    VEHICLES AND CORRESPONDING TO THIS ACT SHALL BE PAID TO THE

10    COUNTY TREASURER AND APPLIED EXCLUSIVELY FOR PUBLIC LIBRARIES AND

11    COUNTY LAW LIBRARIES IN THE SAME MANNER AS IS PROVIDED BY LAW FOR

12    PENAL FINES ASSESSED AND COLLECTED FOR VIOLATION OF A PENAL LAW

13    OF THIS STATE.

14         (7) AS USED IN THIS SECTION, "LOCAL LAW" INCLUDES A LOCAL

15    CHARTER PROVISION, ORDINANCE, RULE, OR REGULATION.



























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