HOUSE BILL NO. 6286

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

(MCL 600.101 to 600.9947) by adding section 2980.

the people of the state of michigan enact:

Sec. 2980. (1) Except as provided in subsection (2), a broker or carrier is liable to an injured party for damages arising out of the ownership, maintenance, or use of a commercial motor vehicle if the broker or carrier hires, retains, supervises, or trains an employee or independent contractor to operate the commercial motor vehicle and all of the following apply:

(a) The broker or carrier knows or should know that the employee or independent contractor has a particular unfitness that presents a danger of injury to third parties or damage to the property of third parties.

(b) The broker or carrier knew or should have known about the employee's or independent contractor's particular unfitness when the broker or carrier hired, retained, supervised, or trained the employee or independent contractor.

(c) The employee's or independent contractor's particular unfitness would make the injured party's injury foreseeable to a person of ordinary prudence in the broker's or carrier's position.

(d) The employee's or independent contractor's particular unfitness caused the injured party's injury, in whole or in part.

(2) Subsection (1) does not apply if the damages were the result of a tort arising out of the ownership, maintenance, or use of a motor vehicle for which tort liability is abolished under section 3135 of the insurance code of 1956, 1956 PA 218, MCL 500.3135.

(3) For the purposes of this section:

(a) "Broker" means that term as defined in 49 USC 13102.

(b) "Carrier" means that term as defined in 49 USC 13102.

(c) "Commercial motor vehicle" means that term as defined in section 7a of the Michigan vehicle code, 1949 PA 300, MCL 257.7a. Commercial motor vehicle does not include any of the following:

(i) An authorized emergency vehicle as that term is defined in section 2 of the Michigan vehicle code, 1949 PA 300, MCL 257.2.

(ii) A bus as that term is defined in section 4b of the Michigan vehicle code, 1949 PA 300, MCL 257.4b.

(iii) A school bus as that term is defined in section 57 of the Michigan vehicle code, 1949 PA 300, MCL 257.57.

(d) "Operate" means that term as defined in section 35a of the Michigan vehicle code, 1949 PA 300, MCL 257.35a.

(e) "Particular unfitness" means a specific trait, habit, or prior conduct that indicates that an individual is unsuited to perform a specific task. Particular unfitness does not include a general lack of competence.