HB-4852, As Passed Senate, October 6, 2005

SENATE 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

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

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

 3  provide consistent regulation of these areas by state agencies

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

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

 6  establish certain violations of shippers offering certain

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

 8  persons engaged in operating such vehicles; to require the

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

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

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

12  acts.

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

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

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

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

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

18  and procedures of the United States department of

19  transportation's federal highway administration as they relate to

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

21  american standard uniform out of service criteria and inspection

22  procedures:

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

24  parts 100 through 180 except for the transportation of

25  agricultural products for which an exception from the application

26  of 49 CFR subchapter C and 49 CFR subchapters G and H, part 172,

27  is provided under 49 CFR 173.5, is specifically authorized if the

 1  transportation is in compliance with this act and other state

 2  law.

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

 4  CFR parts 40, 356, 365, 368, 371 through 373, 375, 376, 379, 382,

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

 6  397, and part  399 including the appendices  1, D, E, and G, of

 7  each part except for the following:

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

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

10  highway motor carrier safety administration", "federal  highway

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

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

13  hazardous materials administration", or "associate administrator

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

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

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

17  hazardous materials, it refers to the Michigan state

18  transportation department.

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

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

21  specifically provided in this act.

22  (iii)  (c) Where "special agent of the federal  highway

23  motor carrier safety administration", "administration personnel",

24  or "hazardous materials enforcement specialist" appears, it

25  either means a peace officer or an enforcement member  or a

26  vehicle inspector  of the motor carrier division of the

27  department of state police.

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

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

 3  (vi)  (f) Exempt intracity zones and the regulations

 4  applicable to exempt intracity zones do not apply to this act.

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

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

 7  interstate property or passengers in commerce, the definitions in

 8  this subsection apply. The definitions contained in those parts

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

10  except for the following definitions as added or modified:

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

12  board created in section 1b.

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

14  16 or more passengers, including the driver. Bus does not include

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

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

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

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

19  agency operating under any of the following:

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

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

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

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

24  authority and governmental agency incorporated under  Act No. 55

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

26  has the exclusive jurisdiction to determine its own contemplated

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

 1  of public transportation services, and projected capital

 2  improvements or projects within its service area.

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

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

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

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

 7  that operates a transportation service pursuant to an interlocal

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

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

10  124.501 to 124.512 of the Michigan Compiled Laws  1967 (Ex Sess)

11  PA 7, MCL 124.501 to 124.512.

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

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

14  124.531 to 124.536 of the Michigan Compiled Laws  1967 (Ex Sess)

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

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

17  Laws 1951 PA 35, MCL 124.1 to 124.13.

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

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

20  1986, being sections 124.451 to 124.479 of the Michigan Compiled

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

22  corporation organized under the nonprofit corporation act,  Act

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

24  450.3192 of the Michigan Compiled Laws  1982 PA 162, MCL 450.2101

25  to 450.3192, that provides transportation services.

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

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

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

 2  141.140 of the Michigan Compiled Laws  1933 PA 94, MCL 141.101 to

 3  141.140.

 4        (c) "Commercial motor vehicle" means any self-propelled or

 5  towed vehicle designed or used on public highways to transport

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

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

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

 9  gross weight or gross combination weight rating or an actual

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

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

12  including the driver.

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

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

15  pursuant to 40 C.F.R. parts 100 to 180.

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

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

18  vehicles.

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

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

21  vehicle.

22  (3)  (f) "Hazardous  As used in this act, "hazardous

23  material vehicle inspection or repair facility"  is  means a

24  commercial enterprise that performs inspections, certification,

25  testing, or repairs to commercial motor vehicles transporting

26  hazardous materials as required by 49  C.F.R.  CFR parts 100 to

27  180 and includes motor carriers that perform the inspections,

 1  certification, testing, or repairs to vehicles owned or leased by

 2  the motor carrier.

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

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

 5  owns or leases a commercial motor vehicle or that assigns

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

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

 8  employees responsible for hiring, supervising, training,

 9  assigning, or dispatching of drivers and employees concerned with

10  the installation, inspection, and maintenance of motor vehicle

11  equipment and accessories.

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

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

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

15  commercial motor vehicle unless that person is qualified to drive

16  that vehicle.

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

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

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

20  except  for all of the following  circumstances provisions:

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

22  more of the following:

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

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

25  and (iii).

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

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

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

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

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

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

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

 6  40,000 pounds or less if the driver is 18 years of age or over.

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

 8  for and displays a valid medical waiver card or grandfather

 9  rights card issued in accordance with this act.

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

11  person is at least 18 years old when transporting intrastate

12  property or passengers.

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

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

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

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

17  waiver card, is excepted from the medical waiver card provisions

18  under this act, or displays a grandfather rights card issued in

19  accordance with this act.

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

21  do not apply to:

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

23  purposes.

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

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

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

27  382, controlled substances and alcohol use and testing; part 391,

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

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

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

 4  implement of husbandry if:

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

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

 7  1949, being section 257.21 of the Michigan Compiled Laws.

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

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

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

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

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

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

14  design maximum speed limitation.

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

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

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

18  her designee, the director of the state transportation department

19  or his or her designee, and 1 representative of the motor carrier

20  industry chosen jointly by these 3 department heads and the

21  Michigan trucking association. The appeal board shall hear and

22  decide applications for waivers from medical requirements of this

23  act and the rules promulgated pursuant to this act.

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

25  49 CFR 391.41 and who is otherwise qualified to drive a

26  commercial motor vehicle may drive a commercial motor vehicle if

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

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

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

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

 4  disqualification and by the motor carrier that will employ the

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

 6  delivered to the headquarters of the motor carrier division of

 7  the department of state police.

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

 9  following:

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

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

12  vehicles the individual applicant intends to drive.

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

14  applicant intends to traverse while driving.

15        (iii) The maximum distances the individual applicant intends

16  to drive.

17        (iv) The nature of the commodities or cargo the individual

18  applicant intends to transport.

19        (v) The methods the applicant or any other person will use

20  to load and secure the commodities or cargo.

21        (vi) The nature and extent of the individual applicant's

22  experience at operating commercial motor vehicles of the type he

23  or she intends to drive.

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

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

26  reports that the division may require, including accident

27  reports.

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

 2  the individual applicant to drive intrastate only when employed

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

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

 5  of the following:

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

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

 8  application, pursuant to 49 CFR 391.43, each of which includes

 9  the medical examiner's opinion concerning the individual

10  applicant's ability to operate safely a vehicle of the type the

11  applicant intends to drive.

12        (b) A copy of the individual applicant's application for

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

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

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

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

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

18  application shall be signed by a general partner.

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

20  not falsify information in the letter of application or the

21  renewal application.

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

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

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

25  conditions, and limitations as it considers consistent with

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

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

 1  new application under this act.

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

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

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

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

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

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

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

 9  individual applicant shall have the current medical waiver card

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

11  vehicle or is otherwise on duty.

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

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

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

15  issued is given notice of the proposed revocation and a

16  reasonable opportunity to appeal for review.

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

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

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

20  appeal for review by contacting the motor carrier division.

21        (12) Notwithstanding any other provisions of this section,

22  the determination of the motor carrier safety appeal board shall

23  have no bearing on worker's compensation status.

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

25  rules and regulations reasonably necessary to the accomplishment

26  of the purpose of this act.

27        (2) The administrative rules promulgated pursuant to the

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

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

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

 4  amendatory act that added this subsection.

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

 6  applications for employment, 49 CFR 391.23 relating to

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

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

 9  regularly employed driver of an intrastate motor carrier of

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

11  10, 1984, as long as he or she continues to be a regularly

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

13  a regularly employed driver of an intrastate motor carrier of

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

15  3, 1991, as long as he or she continued to be a regularly

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

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

18  requirements of section 2d(2).

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

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

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

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

23  1984.

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

25  motor carrier.

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

27  vehicle under this act.

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

 2  grandfathering rights.

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

 4  carrier division of the department of state police. The

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

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

 7  motor vehicle. The original grandfather rights application form

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

 9  qualification file in accordance with this act.

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

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

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

13  part 382 granted grandfather rights under this section.

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

15  2014.

16        (5) The exemption from medical qualification under this

17  section applies only to preexisting conditions before January 1,

18  1996. Any medical condition that would normally disqualify a

19  driver under this act automatically voids any grandfather rights.

20  Any driver who develops a normally disqualifying medical

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

22  section after being issued a grandfather card must return the

23  grandfather card to the motor carrier division of the department

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

25  this act.

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

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

 1  each driver that has been issued one.

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

 3  grandfather cards under section 4 after the effective date of the

 4  amendatory act that added this section.

 5        Sec. 5.  The transportation of agricultural products for

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

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

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

 9  172 of title 49 of the code of federal regulations, is

10  specifically authorized if in compliance with this act and other

11  state law.

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

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

14  391.23 relating to investigations and inquiries, 49 CFR 391.31

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

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

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

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

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

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

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

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

23  implement of husbandry being drawn by a farm tractor or another

24  implement of husbandry.

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

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

27  cable television company service employees if those employees are

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

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

 3  motor vehicle in 49 CFR part 383.

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

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

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

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

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

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

10  constitute an emergency under this subsection.

11        (5) A commercial motor vehicle constructed and maintained so

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

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

14  with that section.

15        (6) This act and the rules promulgated under this act do not

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

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

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

19        (a) Part 382.

20        (b) Part 391

21        (c) Part 392.

22        (d) Part 393.

23        (7) A combination of vehicles with an actual combination

24  gross vehicle weight or a gross combination weight rating of

25  26,000 pounds or less, provided the trailer or semitrailer has an

26  actual gross vehicle weight or gross vehicle weight rating of

27  15,000 pounds or less, may be equipped with surge brakes for

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

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

 3  size that are transporting hazardous materials in an amount that

 4  requires placarding or vehicles that are designed to transport

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

 6  being equipped with surge brakes for intrastate operation.

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

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

 9  1990 PA 187, MCL 257.1801 to 257.1877, or a bus defined and

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

11  MCL 474.101 to 474.141.

12        (9) As used in subsections (3) and (4), "public utility"

13  means a person or corporation operating equipment or facilities

14  for producing, generating, transmitting, delivering, or

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

16  or power for the public for compensation.

17        (10) As used in this section:

18        (a) "Implement of husbandry" means that term as defined in

19  section 21 of the Michigan vehicle code, 1949 PA 300, MCL 257.21.

20        (b) "Farm tractor" means that term as defined in section 16

21  of the Michigan vehicle code, 1949 PA 300, MCL 257.16.

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

23  their transportation safety related documents, such as all

24  records and information pertaining to any accident, drivers'

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

26  time and payroll records, driver qualification records, vehicle

27  maintenance records, and equipment for inspection or copying

 1  during regular business hours to any enforcement member of the

 2  motor carrier  officer division displaying a valid Michigan

 3  department of state police, motor carrier division identification

 4  card.

 5        (2) Hazardous materials vehicle inspection and repair

 6  facilities shall submit, upon demand, all their transportation

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

 8  hazardous materials tank certification and repair documents, and

 9  annual inspection certification documents to any enforcement

10  member of the motor carrier  officer division displaying a valid

11  Michigan department of state police motor carrier division

12  identification card.

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

14  division identification card:

15 Michigan

16 State Police

17 This is to certify that

18 (rank and name)

19 Whose photograph appears

20 hereon is a member of the

21 Michigan State Police and

22 Photo                 is vested with the

23 authority of a motor

24 carrier enforcement

25 officer as prescribed by

26 law.

27

28 Not valid after       (signature)

1  (date)       Director

 2  (3)  (4)  A motor carrier or a hazardous material vehicle

 3  inspection or repair facility operating within this state with

 4  main offices in another state or province shall submit all

 5  transportation safety related documents as outlined in subsection

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

 7  receiving formal notification requesting the documents.

 8  (4)  (5)  An  officer enforcement member of the motor

 9  carrier division of the department of state police displaying

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

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

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

13  interior of the vehicle or any compartment within the interior of

14  the vehicle. If a commercial motor vehicle is inspected by

15  breaking the load seal, then the enforcement member shall give to

16  the driver a signed receipt of inspection and the enforcement

17  member shall be responsible for applying a state of Michigan

18  seal.

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

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

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

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

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

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

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

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

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

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

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

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

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

 6  violation.

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

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

 9  upon  reasonable probable cause to believe that a motor vehicle

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

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

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

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

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

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

16  be responsible for reapplying a Michigan department of

17  transportation seal.

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

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

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

21  department of transportation, by a state or a political

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

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

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

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

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

27  service order is responsible for a state civil infraction and

 1  shall be assessed a fine of not more than $500.00.

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

 3  commission shall make recommendations to the legislature with

 4  respect to an accident report form regarding accidents involving

 5  commercial motor vehicles.

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

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

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

 9  257.7a of the Michigan Compiled Laws.  The department of state

10  police may promulgate rules necessary to the accomplishment of

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

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

13  subsequent revisions to those rules were rescinded effective

14  January 1, 1996 by 1995 PA 265.

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

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

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

18  partnership, corporation, or association or their lessees or

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

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

21  or who requires or permits the driver  or operator  to operate a

22  commercial motor vehicle with a serious safety defect in

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

24  subject to responsible for a state civil  fine infraction and

25  shall be assessed a fine of not more than  $300.00 $500.00 for

26  each violation. A fine ordered to be paid by the district court

27  under this subsection shall be paid to the county treasurer and

 1  applied for library purposes as provided by law. A fine ordered

 2  to be paid by a municipal court shall be paid to the treasurer of

 3  the political subdivision whose ordinance is violated.

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

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

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

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

 8  results in the vehicle being placed out of service.

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

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

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

12  corporation, or association, or their lessees or receiver

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

14  person who operates or who requires or permits  the driver or

15  operator  a person to operate  or drive a bus, truck, truck

16  tractor, or trailer, or certain other  a commercial motor

17  vehicles, that violates  vehicle in violation of this act or a

18  rule promulgated under this act related to the transportation of

19  hazardous materials if the vehicle is transporting a package

20  required to be marked or labeled under 49 CFR parts 100 to 180  ,

21  is responsible for a state civil infraction and may be ordered to

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

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

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

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

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

27  the hazardous material does not have a hazardous material

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

 2  motor carrier that violates this section is guilty of a

 3  misdemeanor punishable by imprisonment for not more than 1 year

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

 5  (2)  (3) A person or entity identified in subsection (1)

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

 7  promulgated under this act is, upon conviction, 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  (3)  (4) A person or entity identified in subsection (1)

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

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

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

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

15  misdemeanor punishable by imprisonment for not more than 1 year

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

17  (4)  (5) An officer, employee, owner, or agent of an

18  individual, partnership, corporation, or association, or their

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

20  user of any hazardous materials vehicle inspection or repair

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

22  promulgated under this act, related to the transportation of

23  hazardous materials, is guilty of a misdemeanor punishable as

24  prescribed in this section.

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

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

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

 1  board can be safely secured.

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

 3  division of the department of state police.

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

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

 6  corporation, and their affiliated or related successors, that

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

 8  transportation by commercial motor vehicle upon the public

 9  highways of this state.

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

11  carrier upon proof shown of unreasonable risk or an imminent

12  hazard.

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

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

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

16  compounds the substantial likelihood that death, serious illness,

17  or severe personal injury may occur if not discontinued

18  immediately.

19        (2) Upon determination that the continued operation of

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

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

22  public safety, the motor carrier division shall issue a

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

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

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

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

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

 1  driver operating during the specified time period of the order

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

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

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

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

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

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

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

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

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

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

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

13  than 30 days and not more than 180 days.

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

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

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

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

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

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

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

21  required to abate the hazard.

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

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

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

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

26  the right to appeal.

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

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

 2  order is served from proceeding to their immediate destinations,

 3  unless that vehicle or person is specifically ordered out of

 4  service. However, vehicles and drivers proceeding to their

 5  immediate destination shall be subject to compliance upon

 6  arrival.

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

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

 9  $1,000.00 for each violation, or by imprisonment for not more

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

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

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

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

14  during impoundment. The vehicle shall be released upon the

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

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

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

18  resolution that is inconsistent with this act or any rule

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

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

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

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

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

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

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

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

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

 1  transportation of liquefied petroleum gas.

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

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

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

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

 6  and shall be allocated as follows:

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

 8  county in which the citation is issued.

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

10  (3)  (4)  Subsection  (3) (2) does not apply to a  civil

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

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

13  (4)  (5)  The owner or operator of a commercial motor

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

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

16  commercial motor vehicle and substantially corresponding to a

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

18  1949 PA 300, MCL 257.683 to 257.725a, within a 24-hour period. If

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

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

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

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

23  operator of that commercial motor vehicle provides written proof

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

25  that the defective equipment indicated in the citation has been

26  repaired.

27  (5)  (6) In order to be classified as a motor carrier

 1  enforcement officer, a police officer must have training equal to

 2  the minimum training requirements, including any annual training

 3  updates, established by the department of state police for an

 4  officer of the motor carrier division of the department of state

 5  police. A police officer who has received training equal to these

 6  minimum training requirements before the effective date of this

 7  section is considered a motor carrier enforcement officer for

 8  purposes of this act.

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

10  ordinance that is more permissive than the provisions of this

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

12  or permits, or prevents or obstructs compliance with the

13  provisions of this act.

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

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

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

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

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

19  street, or alley within this state.

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

21  situations:

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

23  and maintenance use.

24        (b) Fueling emergency vehicles.

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

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

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

 1  materials  officer investigator of the motor carrier division of

 2  the department of state police  may prohibit a transfer  pursuant

 3  to their respective authority under the fire prevention code,

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

 5  29.33 of the Michigan Compiled Laws 1941 PA 207, MCL 29.1 to

 6  29.34.

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

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

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

10  package or container.

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

12  prescribed in section 7c.

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

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

15  carrying hazardous materials in an amount required to be

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

17  publicly maintained route as identified on the national hazardous

18  materials route registry as determined by the department of

19  transportation under title 49 CFR.

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

21  prescribed in section 7c.

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

23  the manner provided for enforcement of state civil infractions in

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

25  MCL 600.8801 to 600.8835.

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

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

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

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

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

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

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

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

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

 8  immediately shall take the nonresident driver before the

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

10  the nonresident defendant requests a hearing, the hearing shall

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

12  guaranteed appearance certificate or deposit as security for

13  appearance at the scheduled informal or formal hearing.

14        (4) The officer receiving a guaranteed appearance

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

16  person stopped for the guaranteed appearance certificate or the

17  money deposited together with the written citation.

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

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

20  deliver the certificate or deposit of money and the citation

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

22  or person authorized by the police chief to receive certificates

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

24  chief shall deposit the certificate or the money deposited and

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

26  deposited shall be embezzlement of public money.

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

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

 2  scheduled informal or formal hearing, the court having

 3  jurisdiction and venue over the civil infraction shall enter a

 4  default judgment against the person, and the guaranteed

 5  appearance certificate or money deposited shall be forfeited and

 6  applied to any civil fine or costs ordered.

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

 8  certificate" means a card or certificate containing a printed

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

10  state guarantees the appearance of the person whose signature

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

27  the maximum width of the vehicle or combination.

 1        Enacting section 1. The following sections of the motor

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

 3        (a) MCL 480.11b.

 4        (b) MCL 480.12a.

 5        (c) MCL 480.12b.

 6        (d) MCL 480.12c.

 7        (e) MCL 480.12g.

 8        (f) MCL 480.12h.

 9        (g) MCL 480.12i.

10        (h) MCL 480.12j.

11        (i) MCL 480.12k.

12        (j) MCL 480.12l.

13        (k) MCL 480.12m.

14        (l) MCL 480.12n.

15        (m) MCL 480.12o.

16        (n) MCL 480.12p.

17        (o) MCL 480.12q.

18        (p) MCL 480.12r.

19        (q) MCL 480.12s.

20        (r) MCL 480.12t.

21        (s) MCL 480.12u.

22        (t) MCL 480.12v.

23        (u) MCL 480.12w.

24        Enacting section 2. This amendatory act does not take effect

25  unless all of the following bills of the 93rd Legislature are

26  enacted into law:

27        (a) House Bill No. 4857.

 1        (b) House Bill No. 4858.