HB-4852, As Passed House, June 28, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4852

      A bill to amend 1963 PA 181, entitled

"Motor carrier safety act of 1963,"

by amending the title and sections 1a, 2d, 3, 4, 5, 6, 7, 7a, 7b,

7c, 7d, 11, and 12 (MCL 480.11a, 480.12d, 480.13, 480.14, 480.15,

480.16, 480.17, 480.17a, 480.17b, 480.17c, 480.17d, 480.21, and

480.22), the title and sections 1a, 2d, 3, 4, and 6 as amended

and sections 7d and 12 as added by 1995 PA 265, section 5 as

added by 1998 PA 337, sections 7, 7b, and 11 as amended by 2000

PA 98, section 7a as added by 1988 PA 359, and section 7c as

amended by 2004 PA 168, and by adding sections 4a, 13, 14, and

15; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                              TITLE

 2        An act to promote safety upon  the public  highways open to

 3  the public by regulating the operation of certain vehicles; to

 4  provide consistent regulation of these areas by state agencies

 5  and local units of government; to establish the qualifications of

 6  persons necessary for the safe operation of such vehicles; to

 7  establish certain violations of shippers offering certain

 8  materials for transportation; to limit the hours of service of

 9  persons engaged in operating such vehicles; to require the

10  keeping of records of such operations; to provide penalties for

11  the violation of this act; to prescribe the powers and duties of

12  certain state agencies; and to repeal  certain  acts and parts of

13  acts.

14        Sec. 1a.  (1)  This state  hereby  adopts the following

15  provisions of title 49 of the code of federal regulations, on

16  file with the office of the secretary of state except where

17  modified by this act:  , to provide for the safe transportation

18  of persons and property with the intent of following the policies

19  and procedures of the United States department of

20  transportation's federal highway administration as they relate to

21  title 49 of the code of federal regulations and the north

22  american standard uniform out of service criteria and inspection

23  procedures:

24        (a) Hazardous materials regulations, being  49 C.F.R. 49

25  CFR parts 100 through 180  . except for the following:

House Bill No. 4852 (H-3) as amended June 22, 2005

 1        (i) The provisions of 49 CFR 171.2 limiting the regulation of

 2  the specification and qualifications of packaging to

 3  transportation in commerce shall not apply to intrastate

 4  transportation.

 5        (ii) The transportation of agricultural products for which an

 6  exception from the application of 49 CFR subchapter C and 49 CFR

 7  subchapters G and H, part 172, is provided under 49 CFR 173.5, is

 8  specifically authorized if the transportation is in compliance

 9  with this act and other state law.

10        (b) Motor carrier safety regulations, being  49 C.F.R. part

11  49 CFR parts 40, 356, 365, [368,] 371 through 373, 375, 376, 379, 382,

12  part 385, 387,  parts  390 through 393,  parts  395 through

13  397, and part  399 including the appendices  1, D, E, and G, of

14  each part except for the following:

15        (i)  Where  Except as provided in this subparagraph, where

16  the term "United States department of transportation", "federal

17  highway motor carrier safety administration", "federal  highway

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

19  carrier safety", "research and special projects  "pipeline and

20  hazardous materials administration", or "associate administrator

21  for hazardous materials safety" appears, it refers to the

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

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

24  hazardous materials, it refers to the United States department of

25  transportation.

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

27  interstate, or both, as applicable, except as  otherwise

 1  specifically provided in this act.

 2        (c) Where "special agent of the federal  highway motor

 3  carrier safety administration", "administration personnel", or

 4  "hazardous materials enforcement specialist" appears, it either

 5  means a peace officer or an enforcement member  or a vehicle

 6  inspector  of the motor carrier division of the department of

 7  state police.

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

 9        (e) Where MCS 64 appears, it means  MC 5 UD-70.

10        (f) Exempt intracity zones and the regulations applicable to

11  exempt intracity zones do not apply to this act.

12        (2) When a commercial motor vehicle is operated entirely

13  within this state and not otherwise involved with the movement of

14  interstate property or passengers in commerce, the definitions in

15  this subsection apply. The definitions contained in those parts

16  of 49 C.F.R. adopted in subsection (1)(b) apply to this act

17  except for the following definitions as added or modified:

18        (a) "Appeal board" means the motor carrier safety appeal

19  board created in section 1b.

20  (2)  (b) "Bus" means any motor vehicle designed for carrying

21  16 or more passengers, including the driver. Bus does not include

22  a school bus, a bus defined and certificated under the motor bus

23  transportation act, Act No. 432 of the Public Acts of 1982, being

24  sections 474.101 to 474.141 of the Michigan Compiled Laws, or a

25  This act does not apply to a bus operated by a public transit

26  agency operating under any of the following:

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

 1  law, or other authority incorporated under  Act No. 55 of the

 2  Public Acts of 1963, being sections 124.351 to 124.359 of the

 3  Michigan Compiled Laws  1963 PA 55, MCL 124.351 to 124.359. Each

 4  authority and governmental agency incorporated under  Act No. 55

 5  of the Public Acts of 1963  1963 PA 55, MCL 124.351 to 124.359,

 6  has the exclusive jurisdiction to determine its own contemplated

 7  routes, hours of service, estimated transit vehicle miles, costs

 8  of public transportation services, and projected capital

 9  improvements or projects within its service area.

10  (b)  (ii) An authority incorporated under the metropolitan

11  transportation authorities act of 1967,  Act No. 204 of the

12  Public Acts of 1967, being sections 124.401 to 124.426 of the

13  Michigan Compiled Laws  1967 PA 204, MCL 124.401 to 124.426, or

14  that operates a transportation service pursuant to an interlocal

15  agreement under the urban cooperation act of 1967,  Act No. 7 of

16  the Public Acts of the Extra Session of 1967, being sections

17  124.501 to 124.512 of the Michigan Compiled Laws  1967 (Ex Sess)

18  PA 7, MCL 124.501 to 124.512.

19  (c)  (iii) A contract entered into pursuant to  Act No. 8 of

20  the Public Acts of the Extra Session of 1967, being sections

21  124.531 to 124.536 of the Michigan Compiled Laws  1967 (Ex Sess)

22  PA 8, MCL 124.531 to 124.536, or  Act No. 35 of the Public Acts

23  of 1951, being sections 124.1 to 124.13 of the Michigan Compiled

24  Laws 1951 PA 35, MCL 124.1 to 124.13.

25  (d)  (iv) An authority incorporated under the public

26  transportation authority act,  Act No. 196 of the Public Acts of

27  1986, being sections 124.451 to 124.479 of the Michigan Compiled

House Bill No. 4852 (H-3) as amended June 22, 2005

 1  Laws  1986 PA 196, MCL 124.451 to 124.479, or a nonprofit

 2  corporation organized under the nonprofit corporation act,  Act

 3  No. 162 of the Public Acts of 1982, being sections 450.2101 to

 4  450.3192 of the Michigan Compiled Laws  1982 PA 162, MCL 450.2101

 5  to 450.3192, that provides transportation services.

 6  (e)  (v) An authority financing public improvements to

 7  transportation systems under the revenue bond act of 1933,  Act

 8  No. 94 of the Public Acts of 1933, being sections 141.101 to

 9  141.140 of the Michigan Compiled Laws  1933 PA 94, MCL 141.101 to

10  141.140.

11 [(f))(c) "Commercial motor vehicle" means any self-propelled or

12  towed vehicle designed or used on public highways to transport

13  passengers or property, except for a bus exempted in subdivision

14  (b), if the vehicle is 1 or more of the following:

15        (i) Has either a gross vehicle weight rating or an actual

16  gross weight or gross combination weight rating or an actual

17  gross combination weight of 10,001 or more pounds.

18        (ii) Is designed for carrying 16 or more passengers,

19  including the driver.

20        (iii) Is used in the transportation of hazardous materials in

21  a quantity that requires the vehicle to be marked or placarded

22  pursuant to 40 C.F.R. CFR parts 100 to 180.

23  (g) (d) "Gross combination weight" or "GCW" means the combined

24  weight of a combination of vehicles and any load on those

25  vehicles.

26  (h) (e) "Gross weight", "gross vehicle weight", or "GVW" means

27  the combined weight of a motor vehicle and any load on that

House Bill No. 4852 (H-3) as amended June 22, 2005

 1 vehicle.

 2  (I) (f) "Hazardous material vehicle inspection or repair

 3  facility" is a commercial enterprise that performs inspections,

 4  certification, testing, or repairs to commercial motor vehicles

 5  transporting hazardous materials as required by 49 C.F.R. CFR parts

 6  100 to 180 and includes motor carriers that perform the

 7  inspections, certification, testing, or repairs to vehicles owned

 8  or leased by the motor carrier.]

 9        (g) "Motor carrier" means a carrier of passengers or

10  property in a commercial motor vehicle and includes a person who

11  owns or leases a commercial motor vehicle or that assigns

12  employees to operate the vehicle. Motor carrier includes a motor

13  carrier's agents, officers, and representatives, as well as

14  employees responsible for hiring, supervising, training,

15  assigning, or dispatching of drivers and employees concerned with

16  the installation, inspection, and maintenance of motor vehicle

17  equipment and accessories.

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

19  vehicle unless he or she is qualified to drive that vehicle. A

20  motor carrier shall not require or permit a person to drive a

21  commercial motor vehicle unless that person is qualified to drive

22  that vehicle.

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

24  is qualified to drive a commercial motor vehicle if he or she

25  meets all of the requirements of  49 C.F.R. 49 CFR part 391

26  except  for all of the following  circumstances provisions:

27        (a) In the case of intrastate transportation, meets 1 or

 1  more of the following:

 2        (i) Is at least 18 years old when transporting intrastate

 3  property or passengers, except as provided in subparagraphs (ii)

 4  and (iii).

 5        (ii) Is at least 16 years of age when acting as a farm

 6  vehicle driver as defined in 49 C.F.R. 390.5.

 7        (iii) Is at least 21 years old when transporting hazardous

 8  materials in a quantity that requires the vehicle to be marked or

 9  placarded pursuant to the provisions of 49 C.F.R. parts 100 to

10  180. This subparagraph does not apply to a vehicle eligible for

11  and displaying valid farm plates with a gross vehicle weight of

12  40,000 pounds or less if the driver is 18 years of age or over.

13        (b) In the case of intrastate transportation, is eligible

14  for and displays a valid medical waiver card or grandfather

15  rights card issued in accordance with this act.

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

17  person is at least 18 years old when transporting intrastate

18  property or passengers.

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

20  hazardous materials in a quantity that requires the vehicle to be

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

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

23  waiver card, is excepted from the medical card provisions under

24  this act, or displays a grandfather rights card issued in

25  accordance with this act.

26        Sec. 3.  This act and the rules promulgated under this act

27  do not apply to:

 1         (a) A semitrailer or truck used exclusively for storage

 2  purposes.

 3        (b) A commercial motor vehicle owned and operated by a unit

 4  of government or its employees, except as otherwise provided in

 5  this act, and except for the following parts of 49 C.F.R.: part

 6  382, controlled substances and alcohol use and testing; part 391,

 7  qualification of drivers; part 392, driving of motor vehicles;

 8  and part 393, parts and accessories necessary for safe operation.

 9        (c) A self-propelled implement of husbandry or a drawn

10  implement of husbandry if:

11        (i) The implement of husbandry is as defined by section 21 of

12  the Michigan vehicle code, Act No. 300 of the Public Acts of

13  1949, being section 257.21 of the Michigan Compiled Laws.

14        (ii) The motor vehicle hauling the implement of husbandry

15  does not exceed a maximum speed of 25 miles per hour if the drawn

16  or self-propelled implement of husbandry being drawn is not

17  equipped with brakes or coupling devices, or both, that meet the

18  standards set forth in 49 C.F.R. 393.40 adopted by this act.

19        (iii) It does not exceed any other implement or component

20  design maximum speed limitation.

21  (1) The motor carrier safety appeal board is created. The

22  board shall consist of the director of the department of state

23  police or his or her designee, the secretary of state or his or

24  her designee, the director of the state transportation department

25  or his or her designee, and 2 representatives of the motor

26  carrier industry chosen jointly by these 3 department heads and

27  the Michigan trucking association. The appeal board shall hear

House Bill No. 4852 (H-3) as amended June 22, 2005

 1  and decide applications for waivers from medical requirements of

 2  this act and the rules promulgated pursuant to this act.

 3        (2) A person who is not physically qualified to drive under

 4  49 CFR 391.41 and who is otherwise qualified to drive a

 5  commercial motor vehicle may drive a commercial motor vehicle if

 6  the motor carrier division of the department of state police or

 7  the appeal board has granted a waiver to that person.

 8        (3) An application for a waiver shall be submitted jointly

 9  by the person who seeks a waiver of his or her physical

10  disqualification and by the motor carrier that will employ the

11  person if the application is granted. The application shall be

12  delivered to the headquarters of the motor carrier division of

13  the department of state police.

14        (4) An application for a waiver shall contain all of the

15  following:

16        (a) A description of all of the following:

17        (i) The type, size, and special equipment, if any, of the

18  vehicles the individual applicant intends to drive.

19        (ii) The general area and type of roads the individual

20  applicant intends to traverse while driving.

21        (iii) The maximum distances the individual applicant intends

22  to drive.

23        [(iv) The periods of time he or she will be on duty and

24  driving.

25  (iv)] The nature of the commodities or cargo the individual

26  applicant intends to transport.

27        [(v)] The methods the applicant or any other person will use

House Bill No. 4852 (H-3) as amended June 22, 2005

 1  to load and secure the commodities or cargo.

 2        [(vi)] The nature and extent of the individual applicant's

 3  experience at operating commercial motor vehicles of the type he

 4  or she intends to drive.

 5        (b) An agreement that the motor carrier will promptly file

 6  with the motor carrier division of the department of state police

 7  reports that the division may require, including [accident] reports[. about

 88  [al of the following that involve the individual applicant:

 9        (i) Driving activities.

10        (ii) Accidents.

11        (iii) Arrests.

12        (iv) License suspensions, revocations, or withdrawals.

13        (v) Convictions.] ]

14        (c) An agreement that if a waiver is granted, it authorizes

15  the individual applicant to drive intrastate only when employed

16  by the motor carrier that joined in the individual's application.

17        (5) An application for a waiver shall be accompanied by all

18  of the following:

19        (a) Not less than 2 reports of medical examinations,

20  conducted within the preceding 60 days of the date of the

21  application, pursuant to 49 CFR 391.43, at least 1 of which was

22  conducted by a medical examiner selected and compensated by the

23  motor carrier, each of which includes the medical examiner's

24  opinion concerning the individual applicant's ability to operate

25  safely a vehicle of the type the applicant intends to drive.

26        (b) A copy of the certificate of the driver's road test that

27  was issued to the individual applicant pursuant to 49 CFR 391.31

 1  or a legible copy of the license or certificate which the motor

 2  carrier accepts as equivalent to the driver's road test in

 3  accordance with 49 CFR 391.33.

 4        (c) A copy of the individual applicant's application for

 5  employment made pursuant to 49 CFR 391.21 or this act.

 6        (6) An application for a waiver shall be signed by both the

 7  individual applicant and the motor carrier. If the motor carrier

 8  is a corporation, the application shall be signed by an officer

 9  of the corporation. If the motor carrier is a partnership, the

10  application shall be signed by a general partner.

11        (7) The driver applicant or motor carrier applicant shall

12  not falsify information in the letter of application or the

13  renewal application.

14        (8) The motor carrier division of the department of state

15  police may deny the application or may approve the application,

16  in whole or in part, and issue a waiver subject to the terms,

17  conditions, and limitations as it considers consistent with

18  safety and the public interest. A waiver is valid for not more

19  than 2 years, and a waiver may be renewed upon submission of a

20  new application under this act.

21        (9) If the motor carrier division of the department of state

22  police grants a waiver, it shall notify each applicant by a

23  letter, that sets forth the terms, conditions, and limitations of

24  the waiver. The motor carrier shall retain the letter or a

25  legible copy of it and a copy of the medical waiver card in the

26  driver's qualification file as long as the individual applicant

27  is employed by that motor carrier and for 3 years thereafter. The

House Bill No. 4852 (H-3) as amended June 22, 2005

 1  individual applicant shall have the current medical waiver card

 2  in his or her possession when he or she drives a commercial motor

 3  vehicle or is otherwise on duty.

 4        (10) The motor carrier division of the department of state

 5  police may suspend a waiver at any time. The motor carrier

 6  division may revoke a waiver after the person to whom it was

 7  issued is given notice of the proposed revocation and a

 8  reasonable opportunity to [appeal for review].

 9        (11) An applicant who was denied in whole or in part his or

10  her application for a waiver of physical defect under this act or

11  conflict of medical evaluation under 49 CFR 391.47 may make an

12  appeal for review by contacting the motor carrier division.

[(12) Notwithstanding any other provisions of this section, the determination of the motor carrier safety appeal board shall have no bearing on worker's compensation status.]

13        Sec. 4.  (1) The department of state police may promulgate

14  rules and regulations reasonably necessary to the accomplishment

15  of the purpose of this act.

16        (2) The administrative rules promulgated pursuant to the

17  authority granted under subsection (1) that were filed with the

18  secretary of state on June 22, 1984 and any subsequent revision

19  to those rules are hereby rescinded on the effective date of the

20  amendatory act that added this subsection.

21  (1) The provisions of this act and 49 CFR 391.21 relating to

22  applications for employment, 49 CFR 391.23 relating to

23  investigations and inquiries, and 49 CFR 391.31 and CFR 391.33

24  relating to road tests do not apply to a driver who has been a

25  regularly employed driver of an intrastate motor carrier of

26  property for a continuous period which began on or before June

27  10, 1984, as long as he or she continues to be a regularly

 1  employed driver of that motor carrier or to a driver who has been

 2  a regularly employed driver of an intrastate motor carrier of

 3  passengers for a continuous period which began on or before March

 4  3, 1991, as long as he or she continued to be a regularly

 5  employed driver of that motor carrier. Such a driver is qualified

 6  to drive a commercial motor vehicle if he or she fulfills the

 7  requirements of section 2d(2).

 8        (2) The provisions in this act pertaining to an intrastate

 9  driver's medical qualifications do not apply to any driver who:

10        (a) Has been a regularly employed driver of the motor

11  carrier for a continuous period that began on or before June 10,

12  1984.

13        (b) Has continued to be a regularly employed driver of that

14  motor carrier.

15        (c) Is otherwise qualified to drive a commercial motor

16  vehicle under this act.

17        (d) Has made application to the appeal board claiming

18  grandfathering rights.

19        (e) Has received a grandfather rights card from the motor

20  carrier division of the department of state police. The

21  grandfather rights card shall be carried at all times on the

22  person of the driver while he or she is operating a commercial

23  motor vehicle. The original grandfather rights application form

24  or a legible copy of it will be retained in the driver's

25  qualification file in accordance with this act.

26        (3) Notwithstanding subsection (2), the provisions of this

27  act pertaining to random, reasonable cause, and postaccident drug

 1  and alcohol testing apply to all drivers as required by 49 CFR

 2  part 382 granted grandfather rights under this section.

 3        (4) Grandfather rights shall remain valid until December 31,

 4  2014.

 5        (5) The exemption from medical qualification under this

 6  section applies only to preexisting conditions before January 1,

 7  1996. Any medical condition that would normally disqualify a

 8  driver under this act automatically voids any grandfather rights.

 9  Any driver who develops a normally disqualifying medical

10  condition or violates any provision of subsection (2) of this

11  section after being issued a grandfather card must return the

12  grandfather card to the motor carrier division of the department

13  of state police and apply for a medical waiver as provided in

14  this act.

15        (6) A motor carrier shall maintain the original or a legible

16  copy of the grandfather card issued under this act in the file of

17  each driver that has been issued one.

18        Sec. 4a. The department is not authorized to issue new

19  grandfather cards under section 5 after the effective date of the

20  amendatory act that added this section.

21        Sec. 5.  The transportation of agricultural products for

22  which an exception is provided by 49 C.F.R. 173.5 from the

23  application of subchapter C of title 49 of the code of federal

24  regulations, or from the application of subparts G and H of part

25  172 of title 49 of the code of federal regulations, is

26  specifically authorized if in compliance with this act and other

27  state law.

House Bill No. 4852 (H-3) as amended June 22, 2005

 1  (1) In the case of intrastate transportation, the provisions

 2  of 49 CFR 391.21 relating to application for employment, 49 CFR

 3  391.23 relating to investigations and inquiries, 49 CFR 391.31

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

 5  service, 49 CFR 391.41 to 391.45 to the extent that they require

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

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

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

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

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

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

12  drawn implement of husbandry if:

13        (a) The implement of husbandry is as defined in section 21

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

15        (b) The motor vehicle or farm tractor hauling the implement

16  of husbandry [does not exceed any other implement or component design

17  maximum speed limitation.]

18        (c) It does not exceed any other implement or component

19  design maximum speed limitation.

20        (3) The provisions of this act related to driver

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

22  cable television company service employees if those employees are

23  not otherwise being used as a regularly employed driver and are

24  not operating a vehicle that meets the definition of a commercial

25  motor vehicle in 49 CFR part 383.

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

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

 1  cases of emergency. As used in this subsection, "emergency" means

 2  any instance of loss of public utility service due to an

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

 4  declaration of emergency by a public official is not required to

 5  constitute an emergency under this subsection.

 6        (5) An asphalt hauling vehicle that is required to be

 7  equipped with an underride guard under 49 CFR 393.86 shall be

 8  exempt from that requirement if the underride guard prevents the

 9  vehicle from being attached to an asphalt paving machine. As used

10  in this subsection, asphalt hauling vehicle means a commercial

11  motor vehicle, trailer, or semitrailer specifically designed for

12  attachment to asphalt paving machines and which is used for

13  hauling asphalt paving materials.

14        (6) A commercial motor vehicle constructed and maintained so

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

16  rear end protection required by 49 CFR 393.86 is in compliance

17  with that section.

18        (7) This act and the rules promulgated under this act do not

19  apply to a commercial motor vehicle owned and operated by a unit

20  of government or its employees, except as otherwise provided by

21  this act, and except for all of the following parts of 49 CFR:

22        (a) Part 382.

23        (b) Part 391

24        (c) Part 392.

25        (d) Part 393.

26        (8) A combination of vehicles with an actual combination

27  gross vehicle weight or a gross combination weight rating of

 1  26,000 pounds or less, provided the trailer or semitrailer has an

 2  actual gross vehicle weight or gross vehicle weight rating of

 3  15,000 pounds or less, may be equipped with surge brakes for

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

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

 6  size that are transporting hazardous materials in an amount that

 7  requires placarding or vehicles that are designed to transport

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

 9  being equipped with surge brakes for intrastate operation.

10        (9) This act and the rules promulgated under this act do not

11  apply to a school bus as defined in the pupil transportation act,

12  1990 PA 187, MCL 257.1801 to 257.1877, or a bus defined and

13  certificated under the motor bus transportation act, 1982 PA 432,

14  MCL 474.101 to 474.141.

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

16  means a person or corporation operating equipment or facilities

17  for producing, generating, transmitting, delivering, or

18  furnishing gas or electricity for the production of light, heat,

19  or power for the public for compensation.

20        Sec. 6. (1) Motor carriers shall submit, upon demand, all

21  their transportation safety related documents, such as all

22  records and information pertaining to any accident, drivers'

23  records of duty status, bills of lading, shipping records, driver

24  time and payroll records, driver qualification records, vehicle

25  maintenance records, and equipment for inspection or copying

26  during regular business hours to any enforcement member of the

27  motor carrier  officer division displaying a valid Michigan

 1  department of state police, motor carrier division identification

 2  card.

 3        (2) Hazardous materials vehicle inspection and repair

 4  facilities shall submit, upon demand, all their transportation

 5  safety related documents as required by this act, such as

 6  hazardous materials tank certification and repair documents, and

 7  annual inspection certification documents to any enforcement

 8  member of the motor carrier  officer division displaying a valid

 9  Michigan department of state police motor carrier division

10  identification card.

11        (3) The following is a facsimile of the motor carrier

12  division identification card:

13 Michigan

14 State Police

15 This is to certify that

16 (rank and name)

17 Whose photograph appears

18 hereon is a member of the

19 Michigan State Police and

20 Photo                 is vested with the

21 authority of a motor

22 carrier enforcement

23 officer as prescribed by

24 law.

25

26 Not valid after       (signature)

27 (date)       Director

House Bill No. 4852 (H-3) as amended June 28, 2005

 1  (3)  (4)  A motor carrier or a hazardous material vehicle

 2  inspection or repair facility operating within this state with

 3  main offices in another state or province shall submit all

 4  transportation safety related documents as outlined in subsection

 5  (1) for inspection and copying within 10 working days after

 6  receiving formal notification requesting the documents.

 7  (4)  (5)  An  officer enforcement member of the motor

 8  carrier division of the department of state police displaying

 9  valid identification may, without a warrant, require the cargo

10  carrying portion of a vehicle to be opened for inspection of the

11  cargo, any object within that portion of the vehicle, or the

12  interior of the vehicle [including the cab portion] or any

13  compartment within the interior of the vehicle. If a commercial

14  motor vehicle is inspected by breaking the load seal, then the

15  enforcement member shall give to the driver a signed receipt of

16  inspection and the enforcement member shall be responsible for

17  applying a state of Michigan seal.

18        Sec. 7. (1) Except as provided in sections 7b, 7c, and 7d,

19  any person, driver, or  operator motor carrier as defined by 49

20  CFR 390.5 who violates this act or a rule promulgated under this

21  act, or  an owner or user of a bus, truck, truck tractor, or

22  trailer, or certain other motor vehicles or an officer or agent

23  of an individual, partnership, corporation, or association or

24  their lessees or receivers appointed by a court that is the owner

25  or user of a vehicle, who requires or permits the driver or

26  operator to operate or drive a bus, truck, truck tractor, or

27  trailer, or certain other motor vehicles in violation of permits

 1  or requires any person to violate this act or a rule promulgated

 2  under this act, is responsible for a state civil infraction and

 3  may be ordered to pay a fine of not more than $250.00 for each

 4  violation. Section 907(9) of the Michigan vehicle code, 1949 PA

 5  300, MCL 257.907, does not apply to this act.

 6        (2) A peace officer or an  officer enforcement member of

 7  the motor carrier division of the department of state police,

 8  upon  reasonable probable cause to believe that a motor vehicle

 9  is being operated in violation of this act or a rule promulgated

10  under this act, may stop the motor vehicle and inspect the motor

11  vehicle. If a violation is found, the officer may issue a notice

12  to appear for that violation.  If a motor vehicle is inspected by

13  breaking the load seal, then the peace officer shall give to the

14  driver a signed receipt of inspection and the peace officer shall

15  be responsible for reapplying a Michigan department of

16  transportation seal.

17        (3) An enforcement member of the motor carrier division of

18  the department of state police, upon notification of a valid out-

19  of-service order upon a motor carrier issued by the United States

20  department of transportation, by a state or a political

21  subdivision of a state, by the Canadian or Mexican government, or

22  by the government of a province of Canada, may stop and detain

23  any vehicle operated by the motor carrier and place the vehicle

24  and driver out of service pursuant to the order. A driver or

25  motor carrier operating a vehicle in violation of an out-of-

26  service order is responsible for a state civil infraction and

27  shall be assessed a fine of not more than $500.00. Section 907(9)

House Bill No. 4852 (H-3) as amended June 22, 2005

 1  of the Michigan vehicle code, 1949 PA 300, MCL 257.907, does not

 2  apply to this act.

 3        Sec. 7a.  (1) By December 31, 1989, the truck safety

 4  commission shall make recommendations to the legislature with

 5  respect to an accident report form regarding accidents involving

 6  commercial motor vehicles.

 7        (2) As used in this section, "commercial motor vehicle"

 8  means that term as defined in section 7a of the Michigan vehicle

 9  code, Act No. 300 of the Public Acts of 1949, being section

10  257.7a of the Michigan Compiled Laws.  The department of state

11  police may promulgate rules necessary to the accomplishment of

12  the purpose of this act. The administrative rules promulgated and

13  filed with the secretary of state on June 22, 1984 and any

14  subsequent revisions to those rules were rescinded effective

15  January 1, 1996 by 1995 PA 265.

16        Sec. 7b. (1) A driver, person, or  operator or an owner or

17  user of any bus, truck, truck tractor, or trailer, or certain

18  other motor vehicles or any officer or agent of an individual,

19  partnership, corporation, or association or their lessees or

20  receivers appointed by any court that is the owner or user of any

21  vehicle, motor carrier as defined by 49 CFR 390.5 who operates

22  or who [knowingly] requires or permits the driver  or operator  to operate a

23  commercial motor vehicle with a serious safety defect in

24  violation of this act or a rule promulgated under this act is

25  subject to responsible for a state civil  fine infraction [and shall be assessed a fine] of

26  not more than  $300.00 $500.00 for each violation. A fine

27  ordered to be paid by the district court under this subsection

 1  shall be paid to the county treasurer and applied for library

 2  purposes as provided by law. A fine ordered to be paid by a

 3  municipal court shall be paid to the treasurer of the political

 4  subdivision whose ordinance is violated. Section 907(9) of the

 5  Michigan vehicle code, 1949 PA 300, MCL 257.907, does not apply

 6  to this act.

 7        (2) As used in this section, "serious safety defect" means a

 8  violation of this act or a rule promulgated pursuant to this act

 9  relative to brakes, tires, steering, coupling devices,

10  headlights, taillights, brake lights, and turn signals that

11  results in the vehicle being placed out of service.

12        Sec. 7c. (1) A driver  or operator or an owner or user of a

13  bus, truck, truck tractor, or trailer, or certain other motor

14  vehicles, or an officer or agent of an individual, partnership,

15  corporation, or association, or their lessees or receiver

16  appointed by a court that is the owner or user of a vehicle, who

17  operates or who requires or permits  the driver or operator  a

18  person to operate  or drive a bus, truck, truck tractor, or

19  trailer, or certain other  a commercial motor  vehicles, that

20  violates  vehicle in violation of this act or a rule promulgated

21  under this act related to the transportation of hazardous

22  materials if the vehicle is transporting a package required to be

23  marked or labeled under 49 CFR parts 100 to 180  , is

24  responsible for a state civil infraction and may be ordered to

25  pay a fine of not more than $500.00 for each violation. Section

26  907(9) of the Michigan vehicle code, 1949 PA 300, MCL 257.907,

27  does not apply to this act.

 1        (2) A motor carrier shall not transport, or require, permit,

 2  or allow to be transported, hazardous material for which a

 3  placard is required under 49 CFR parts 100 to 199, in a vehicle

 4  identified in subsection (1) if the person that is transporting

 5  the hazardous material does not have a hazardous material

 6  endorsement on his or her operator's or chauffeur's license. A

 7  motor carrier that violates this section is guilty of a

 8  misdemeanor punishable by imprisonment for not more than 1 year

 9  or a fine of not more than $500.00, or both, for each violation.

10  (2)  (3) A person or entity identified in subsection (1)

11  or (2) who knowingly or willfully violates this act or a rule

12  promulgated under this act is, upon conviction, guilty of a

13  misdemeanor punishable by imprisonment for not more than 1 year

14  or a fine of not more than $500.00, or both, for each violation.

15  (3)  (4) A person or entity identified in subsection (1)

16  or (2) who causes injury or death during a violation of this

17  act, while a vehicle identified in subsection (1) that is

18  transporting a package required to be marked or labeled under 49

19  CFR parts 100 to 180 is used, is, upon conviction, guilty of a

20  misdemeanor punishable by imprisonment for not more than 1 year

21  or a fine of not more than $500.00, or both, for each violation.

22  (4)  (5) An officer, employee, owner, or agent of an

23  individual, partnership, corporation, or association, or their

24  lessees or receiver appointed by a court that is the owner or

25  user of any hazardous materials vehicle inspection or repair

26  facility that violates a section of this act, or a rule

27  promulgated under this act, related to the transportation of

 1  hazardous materials, is guilty of a misdemeanor punishable as

 2  prescribed in this section.

 3        Sec. 7d. (1) As used in this section:

 4        (a) "Immediate destination" means the next scheduled stop of

 5  a commercial motor vehicle already in motion where the cargo on

 6  board can be safely secured.

 7        (b) "Motor carrier division" means the motor carrier

 8  division of the department of state police.

 9        (c) "Person" means an individual, driver, or employee or a

10  firm, motor carrier, lessee, lessor, association, partnership, or

11  corporation, and their affiliated or related successors, that

12  undertakes to control, direct, conduct, or otherwise perform

13  transportation by commercial motor vehicle upon the public

14  highways of this state.

15        (d) "Shut down order" means a court order issued to a motor

16  carrier upon proof shown of unreasonable risk or an imminent

17  hazard.

18        (e) "Unreasonable risk or an imminent hazard" shall be

19  defined as any condition of commercial motor vehicle, employee,

20  or commercial motor vehicle operation which creates, causes, or

21  compounds the substantial likelihood that death, serious illness,

22  or severe personal injury may occur if not discontinued

23  immediately.

24        (2) Upon determination that the continued operation of

25  commercial motor vehicles by a person upon the highways of this

26  state poses an unreasonable risk or an imminent hazard to the

27  public safety, the motor carrier division shall issue a

 1  compliance order. The order may direct a person to make certain

 2  changes, repairs, or alterations to the person's vehicles or

 3  operations, to comply with the laws of this state. In making an

 4  order, restrictions shall not be imposed on any employee or

 5  person beyond that required to abate the hazard. Any vehicle or

 6  driver operating during the specified time period of the order

 7  shall be in compliance with all applicable laws and rules.

 8        (3) A compliance order shall include the name and address of

 9  the person and the chief operating officer of the person, the

10  reason or reasons for the order, and the requirements or

11  conditions that must be met for rescission of the order. The

12  order shall also include a statement that the person has  30 days

13  a set time limit to comply with the order. If the  30-day set

14  time limit expires and the person is not in compliance with the

15  order, the motor carrier division may seek a shut down order from

16  a circuit court. The motor carrier division shall set the time

17  limit for compliance with the compliance order to be not less

18  than 30 days and not more than 180 days.

19        (4) Upon petition to the circuit court having jurisdiction

20  by the motor carrier division, the court may issue a shut down

21  order. The order shall direct a vehicle or vehicles or employee

22  or employees out of service from further operations, or shall

23  direct a person to cease all or part of the person's commercial

24  motor vehicle operation. In making such an order, restrictions

25  shall not be imposed on any employee or person beyond that

26  required to abate the hazard.

27        (5) A shut down order shall include the name and address of

 1  the person and the chief operating officer of the person, the

 2  reason or reasons for the order, the requirements or conditions

 3  that must be met for rescission of the order, and a statement of

 4  the right to appeal.

 5        (6) An order to any person to cease all or part of its

 6  operation shall not prevent vehicles in transit at the time the

 7  order is served from proceeding to their immediate destinations,

 8  unless that vehicle or person is specifically ordered out of

 9  service. However, vehicles and drivers proceeding to their

10  immediate destination shall be subject to compliance upon

11  arrival.

12        (7) A person who fails to comply with a shut down order is

13  guilty of a misdemeanor, punishable by a fine of not more than

14  $1,000.00 for each violation, or by imprisonment for not more

15  than 90 days, or both. A person or vehicle found operating on the

16  highways of this state while under a shut down order shall be

17  immediately stopped, and impounded or arrested. The owner or

18  lessee of the vehicle shall be responsible for any costs incurred

19  during impoundment. The vehicle shall be released upon the

20  court's determination that the order has been complied with.

21        Sec. 11. (1) A township, city, village,  or  county, or

22  another state agency shall not adopt or enforce an ordinance or

23  resolution that is inconsistent with this act or any rule

24  promulgated pursuant to this act. As used in this section,

25  "inconsistent" means a rule or ordinance that is more permissive

26  than this act, that is more restrictive than this act, that would

27  require more action, equipment, or permits than this act would

 1  require, or that prevents or obstructs compliance with this act.

 2        (2) A state agency shall not promulgate rules inconsistent

 3  with this act. This subsection does not apply to rules

 4  promulgated under the fire prevention code, 1941 PA 207, MCL 29.1

 5  to 29.34, by the state fire safety board with respect to the

 6  transportation of liquefied petroleum gas.

 7  (2)   (3)  The fine for operating a vehicle with a serious

 8  safety defect ordered to be paid under an ordinance or resolution

 9  adopted by a township, city, village, or county that is

10  consistent with section 7b shall be paid to the county treasurer

11  and shall be allocated as follows:

12        (a) Seventy percent to the township, city, village, or

13  county in which the citation is issued.

14        (b) Thirty percent for library purposes as provided by law.

15  (3)   (4)  Subsection  (3) (2) does not apply to a  civil

16  fine ordered to be paid for a case in which the citation is

17  dismissed pursuant to subsection  (5) (4).

18  (4)   (5)  The owner or operator of a commercial motor

19  vehicle shall not be issued more than 1 citation for each

20  violation of a code or ordinance regulating the operation of a

21  commercial motor vehicle and substantially corresponding to a

22  provision of sections 683 to 725a of the Michigan vehicle code,

23  1949 PA 300, MCL 257.683 to 257.725a, within a 24-hour period. If

24  the owner or operator of a commercial motor vehicle is issued a

25  citation by a township, city, village, or county for an equipment

26  violation that does not result in the vehicle being placed out of

27  service, the court shall dismiss the citation if the owner or

 1  operator of that commercial motor vehicle provides written proof

 2  to the court within 14 days after the citation is issued showing

 3  that the defective equipment indicated in the citation has been

 4  repaired.

 5        (6) In order to be classified as a motor carrier enforcement

 6  officer, a police officer must have training equal to the minimum

 7  training requirements, including any annual training updates,

 8  established by the department of state police for an officer of

 9  the motor carrier division of the department of state police. A

10  police officer who has received training equal to these minimum

11  training requirements before the effective date of this section

12  is considered a motor carrier enforcement officer for purposes of

13  this act.

14        (7) As used in this section, "inconsistent" means a rule or

15  ordinance that is more permissive than the provisions of this

16  act, or is more restrictive, or requires more action, equipment,

17  or permits, or prevents or obstructs compliance with the

18  provisions of this act.

19        Sec. 12. (1) Except as provided in subsection (2), a person,

20  driver, owner, carrier, lessee, or lessor shall not transfer or

21  allow to be transferred a hazardous material from a cargo tank,

22  portable tank, or any other container to any cargo tank, portable

23  tank, fuel tank, or any other container on a highway, road,

24  street, or alley within this state.

25        (2) Subsection (1) does not apply to the following transfer

26  situations:

27        (a) Fueling machinery or equipment for construction, farm,

 1  and maintenance use.

 2        (b) Fueling emergency vehicles.

 3        (c) Under emergency conditions,  if the a transfer  is may

 4  be made  in a safe manner. The provided it is approved by the

 5  local fire chief, the state fire marshal, or a hazardous

 6  materials  officer investigator of the motor carrier division of

 7  the department of state police  may prohibit a transfer  pursuant

 8  to their respective authority under the fire prevention code,

 9  Act No. 207 of the Public Acts of 1941, being sections 29.1 to

10  29.33 of the Michigan Compiled Laws 1941 PA 207, MCL 29.1 to

11  29.34.

12  (3) A person shall not overfill a container, including a

13  storage tank, during a transfer of a hazardous material from or

14  into a vehicle, so that hazardous material is released from the

15  package or container.

16        (4) The penalty for violating this section shall be as

17  prescribed in section 7c.

18        Sec. 13. (1) A person, driver, owner, carrier, lessee, or

19  lessor shall not transport or allow to be transported a vehicle

20  carrying hazardous materials in an amount required to be

21  placarded under title 49 of the code of federal regulations on a

22  route as identified on the national hazardous materials route

23  registry as determined by the department of transportation under

24  title 49 CFR.

25        (2) The penalty for violating this section shall be as

26  prescribed in section 7c.

27        Sec. 14. (1) A state civil infraction shall be enforced in

House Bill No. 4852 (H-3) as amended June 22, 2005

 1  the manner provided for enforcement of state civil infractions in

 2  chapter 88 of the revised judicature act of 1961, 1961 PA 236,

 3  MCL 600.8801 to 600.8835.

 4        (2) When a person who is not a resident of this state is

 5  stopped for a state civil infraction under this act or any rule

 6  under this act, the police officer making the stop shall take

 7  security for the nonresident's appearance in court. The person

 8  stopped may recognize to the officer or to the court for his or

 9  her appearance by leaving with the officer or court a guaranteed

10  appearance certificate or a sum of money not to exceed $100.00.

11        (3) If a magistrate is available for an immediate

12  appearance, upon demand of the person stopped, the officer

13  immediately shall take the nonresident driver before the

14  magistrate to answer to the state civil infraction alleged. If

15  the nonresident defendant requests a formal hearing, the hearing

16  shall be scheduled and the defendant shall leave with the court

17  the guaranteed appearance certificate or deposit as security for

18  appearance at the scheduled [informal or] formal hearing.

19        (4) The officer receiving a guaranteed appearance

20  certificate or deposit of money shall give a receipt to the

21  person stopped for the guaranteed appearance certificate or the

22  money deposited together with the written citation.

23        (5) At or before the completion of his or her tour of duty,

24  a police officer taking a certificate or deposit of money shall

25  deliver the certificate or deposit of money and the citation

26  either to the court named in the citation or to the police chief

27  or person authorized by the police chief to receive certificates

House Bill No. 4852 (H-3) as amended June 22, 2005

 1  or deposits. The police chief or person authorized by the police

 2  chief shall deposit the certificate or the money deposited and

 3  the citation with the court. Failure to deliver the money

 4  deposited shall be embezzlement of public money.

 5        (6) If the person who posts a certificate or deposit fails

 6  to appear as required in the citation or fails to appear for a

 7  scheduled [informal or] formal hearing, the court having jurisdiction and venue

 8  over the civil infraction shall enter a default judgment against

 9  the person, and the guaranteed appearance certificate or money

10  deposited shall be forfeited and applied to any civil fine or

11  costs ordered.

12        (7) For purposes of this section, "guaranteed appearance

13  certificate" means a card or certificate containing a printed

14  statement that a surety company authorized to do business in this

15  state guarantees the appearance of the person whose signature

16  appears on the card or certificate and that the company, if the

17  person fails to appear in court at the time of a scheduled

18  informal or formal hearing or to pay any fine or costs imposed,

19  will pay any fine, costs, or bond forfeiture imposed on the

20  person in a total amount not to exceed $200.00.

21        (8) As used in this act, "state civil infraction" means that

22  term as defined in section 113(1)(a) of the revised judicature

23  act of 1961, 1961 PA 236, MCL 600.113.

24        Sec. 15. A truck, truck tractor, trailer, semitrailer, or

25  any combination of these, when used on a highway, shall be

26  constructed, equipped, or operated to prevent water or other road

27  surface substances from being thrown from the rear wheels of the

 1  vehicle or combination at tangents exceeding 22-1/2 degrees

 2  measured from the road surface. If a flap type device is used, it

 3  shall not have attached any type of lamp, breakable reflective

 4  material, or reflecting buttons nor may the device extend beyond

 5  the maximum width of the vehicle or combination.

 6        Enacting section 1. The following sections of the motor

 7  carrier safety act of 1963, 1963 PA 181, are repealed:

 8        (a) MCL 480.11b.

 9        (b) MCL 480.12a.

10        (c) MCL 480.12b.

11        (d) MCL 480.12c.

12        (e) MCL 480.12g.

13        (f) MCL 480.12h.

14        (g) MCL 480.12i.

15        (h) MCL 480.12j.

16        (i) MCL 480.12k.

17        (j) MCL 480.12l.

18        (k) MCL 480.12m.

19        (l) MCL 480.12n.

20        (m) MCL 480.12o.

21        (n) MCL 480.12p.

22        (o) MCL 480.12q.

23        (p) MCL 480.12r.

24        (q) MCL 480.12s.

25        (r) MCL 480.12t.

26        (s) MCL 480.12u.

27        (t) MCL 480.12v.

 1        (u) MCL 480.12w.

 2        Enacting section 2.  This amendatory act does not take

 3  effect unless all of the following bills of the 93rd Legislature

 4  are enacted into law:

 5        (a) House Bill No. 4857.

 6        (b) House Bill No. 4858.