HB-4360, As Passed House, May 17, 2011
March 1, 2011, Introduced by Rep. Haines and referred to the Committee on Transportation.
A bill to amend 1963 PA 181, entitled
"Motor carrier safety act of 1963,"
by amending section 5 (MCL 480.15), as amended by 2006 PA 595.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) In the case of intrastate transportation, the
provisions of 49 CFR 391.21 relating to application for employment,
49 CFR 391.23 relating to investigations and inquiries, 49 CFR
391.31 relating to road tests, 49 CFR part 395 relating to hours of
service, 49 CFR 391.41 to 391.45 to the extent that they require a
driver to be medically qualified or examined and to have a medical
examiner's certificate on his or her person and the provisions of
this act relating to files and records do not apply to a farm
vehicle driver as defined in 49 CFR 390.5.
(2) For intrastate transportation, the provisions of this act
do not apply to a self-propelled implement of husbandry or an
implement of husbandry being drawn by a farm tractor or another
implement of husbandry.
(3) The provisions of this act related to driver
qualifications do not apply to public utility, telephone, and cable
television company service employees if those employees are not
otherwise being used as a regularly employed driver and are not
operating a vehicle that meets the definition of a commercial motor
vehicle in 49 CFR part 383.
(4) The requirements of 49 CFR part 395 do not apply to any
driver of a public utility service vehicle when being used in cases
of emergency. As used in this subsection, "emergency" means any
instance of loss of public utility service due to an unforeseen
circumstance, a natural disaster, or an act of God. A declaration
of emergency by a public official is not required to constitute an
emergency under this subsection.
(5)
A commercial motor vehicle constructed and maintained so
that
the body chassis or other parts of the vehicle afford the rear
end
protection required by 49 CFR 393.86 is in compliance with that
section.
(5) (6)
This act and the rules promulgated
under this act do
not apply to a commercial motor vehicle owned and operated by a
unit of government or its employees, except as otherwise provided
by this act, and except for all of the following parts of 49 CFR:
(a) Part 382.
(b) Part 391.
(c) Part 392.
(d) Part 393.
(6) (7)
A combination of vehicles with an
actual combination
gross vehicle weight or a gross combination weight rating of 26,000
pounds or less, provided the trailer or semitrailer has an actual
gross vehicle weight or gross vehicle weight rating of 15,000
pounds or less, may be equipped with surge brakes for intrastate
operation as allowed by section 705(1)(c) of the Michigan vehicle
code, 1949 PA 300, MCL 257.705. Vehicles of any size that are
transporting hazardous materials in an amount that requires
placarding or vehicles that are designed to transport more than 8
passengers, including the driver, are prohibited from being
equipped with surge brakes for intrastate operation.
(7) (8)
This Except for the purpose
of granting a waiver in
accordance with section 53 of the pupil transportation act, 1990 PA
187, MCL 257.1853, this act and the rules promulgated under this
act do not apply to a school bus as defined in the pupil
transportation act, 1990 PA 187, MCL 257.1801 to 257.1877, or a bus
defined and certificated under the motor bus transportation act,
1982 PA 432, MCL 474.101 to 474.141.
(8) (9)
A motor carrier operating entirely
in intrastate
commerce solely within Michigan shall not permit or require a
driver of a commercial motor vehicle engaged in seasonal
construction-related activities, regardless of the number of motor
carriers using the driver's services, to do either of the
following:
(a) Drive for any period after having been on duty 70 hours in
any 7 consecutive days or having been on duty 80 hours in any
period of 8 consecutive days.
(b) Drive more than 12 hours or be on duty more than 16 hours
in any day.
(9) (10)
As used in subsections (3) and (4),
"public utility"
means a person or corporation operating equipment or facilities for
producing, generating, transmitting, delivering, or furnishing gas
or electricity for the production of light, heat, or power for the
public for compensation.
(10) (11)
As used in this section:
(a) "Implement of husbandry" means that term as defined in
section 21 of the Michigan vehicle code, 1949 PA 300, MCL 257.21.
(b) "Farm tractor" means that term as defined in section 16 of
the Michigan vehicle code, 1949 PA 300, MCL 257.16.