HOUSE BILL No. 4846 September 23, 1999, Introduced by Reps. Switalski, Lemmons, Rick Johnson, Allen, DeRossett and Julian and referred to the Committee on Transportation. A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending section 1a (MCL 480.11a), as amended by 1995 PA 265. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1a. (1) This state hereby adopts the following provi- 2 sions of title 49 of the code of federal regulations, on file 3 with the office of the secretary of state except where modified 4 by this act, to provide for the safe transportation of persons 5 and property with the intent of following the policies and proce- 6 dures of the United States department of transportation's federal 7 highway administration as they relate to title 49 of the code of 8 federal regulations and the north american standard uniform out 9 of service criteria and inspection procedures: 10 (a) Hazardous materials regulations, being 49 C.F.R. parts 11 100 through 180. 03779'99 TJS 2 1 (b) Motor carrier safety regulations, being 49 2 C.F.R. part 382, part 387, parts 390 through 393, parts 395 3 through 397, and part 399 including appendices 1, D, E, and G, 4 except for the following: 5 (i) Wherethe term"United States department of 6 transportation", "federal highway administration", "federal high- 7 way administrator", "director", "bureau of motor carrier safety", 8 "research and special projects administration", or "associate 9 administrator for hazardous materials safety" appears, itrefers10toMEANS the department of state police. 11 (ii) Where "interstate" appears, itshall meanMEANS 12 intrastate or interstate, or both, as applicable, except as oth- 13 erwise specifically provided in this act. 14 (c) Where "special agent of the federal highway 15 administration", "administration personnel", or "hazardous mate- 16 rials enforcement specialist" appears, it either means a peace 17 officer or an enforcement member or a vehicle inspector of the 18 motor carrier division of the department of state police. 19 (d) Where MCS 63 appears, it means MC 9 and MC 9b. 20 (e) Where MCS 64 appears, it means MC 5. 21 (f) Exempt intracity zones and the regulations applicable to 22 exempt intracity zones do not apply to this act. 23 (2) When a commercial motor vehicle is operated entirely 24 within this state and not otherwise involved with the movement of 25 interstate property or passengers in commerce, the definitions in 26 this subsection apply. The definitions contained in those parts 03779'99 3 1 of 49 C.F.R. adopted in subsection (1)(b) apply to this act 2 except for the following definitions as added or modified: 3 (a) "Appeal board" means the motor carrier safety appeal 4 board created in section 1b. 5 (b) "Bus" means any motor vehicle designed for carrying 16 6 or more passengers, including the driver. Bus does not include a 7 school bus, a bus defined and certificated under the motor bus 8 transportation act,Act No. 432 of the Public Acts of 1982,9being sections 474.101 to 474.141 of the Michigan Compiled Laws10 1982 PA 432, MCL 474.101 TO 474.141, or a bus operated by a 11 public transit agency operating under any of the following: 12 (i) A county, city, township, or village as provided by law, 13 or other authority incorporated underAct No. 55 of the Public14Acts of 1963, being sections 124.351 to 124.359 of the Michigan15Compiled Laws1963 PA 55, MCL 124.351 TO 124.359. Each author- 16 ity and governmental agency incorporated underAct No. 55 of the17Public Acts of 19631963 PA 55, MCL 124.351 TO 124.359, has the 18 exclusive jurisdiction to determine its own contemplated routes, 19 hours of service, estimated transit vehicle miles, costs of 20 public transportation services, and projected capital improve- 21 ments or projects within its service area. 22 (ii) An authority incorporated under the metropolitan trans- 23 portation authorities act of 1967,Act No. 204 of the Public24Acts of 1967, being sections 124.401 to 124.426 of the Michigan25Compiled Laws1967 PA 204, MCL 124.401 TO 124.426, or that oper- 26 ates a transportation service pursuant to an interlocal agreement 27 under the urban cooperation act of 1967,Act No. 7 of the Public03779'99 4 1Acts of the Extra Session of 1967, being sections 124.501 to2124.512 of the Michigan Compiled Laws1967 EX SESS PA 7, MCL 3 124.501 TO 124.512. 4 (iii) A contract entered into pursuant toAct No. 8 of the5Public Acts of the Extra Session of 1967, being sections 124.5316to 124.536 of the Michigan Compiled Laws1967 EX SESS PA 8, MCL 7 124.531 TO 124.536, orAct No. 35 of the Public Acts of 1951,8being sections 124.1 to 124.13 of the Michigan Compiled Laws9 1951 PA 35, MCL 124.1 TO 124.13. 10 (iv) An authority incorporated under the public transporta- 11 tion authority act,Act No. 196 of the Public Acts of 1986,12being sections 124.451 to 124.479 of the Michigan Compiled Laws13 1986 PA 196, MCL 124.451 TO 124.479, or a nonprofit corporation 14 organized under the nonprofit corporation act,Act No. 162 of15the Public Acts of 1982, being sections 450.2101 to 450.3192 of16the Michigan Compiled Laws1982 PA 162, MCL 450.2101 TO 17 450.3192, that provides transportation services. 18 (v) An authority financing public improvements to transpor- 19 tation systems under the revenue bond act of 1933,Act No. 94 of20the Public Acts of 1933, being sections 141.101 to 141.140 of the21Michigan Compiled Laws1933 PA 94, MCL 141.101 TO 141.140. 22 (c) "Commercial motor vehicle" means any self-propelled or 23 towed vehicle designed or used on public highways to transport 24 passengers or property, except for a busexempted inEXCLUDED 25 UNDER subdivision (b), if the vehicle is 1 or more of the 26 following: 03779'99 5 1 (i) Has either a gross vehicle weight rating or an actual 2 gross weight or gross combination weight rating or an actual 3 gross combination weight of10,00126,001 or more pounds. 4 (ii) Is designed for carrying 16 or more passengers, includ- 5 ing the driver. 6 (iii) Is used in the transportation of hazardous materials 7 in a quantity that requires the vehicle to be marked or placarded 8 pursuant to 49 C.F.R. parts 100 to 180. 9 (d) "Gross combination weight" or "GCW" means the combined 10 weight of a combination of vehicles and any load on those 11 vehicles. 12 (e) "Gross weight", "gross vehicle weight", or "GVW" means 13 the combined weight of a motor vehicle and any load on that 14 vehicle. 15 (f) "Hazardous material vehicle inspection or repair 16 facility" is a commercial enterprise that performs inspections, 17 certification, testing, or repairs to commercial motor vehicles 18 transporting hazardous materials as required by 49 C.F.R. parts 19 100 to 180 and includes motor carriers that perform the inspec- 20 tions, certification, testing, or repairs to vehicles owned or 21 leased by the motor carrier. 22 (g) "Motor carrier" means a carrier of passengers or prop- 23 erty in a commercial motor vehicle and includes a person who owns 24 or leases a commercial motor vehicle or that assigns employees to 25 operate the vehicle. Motor carrier includes a motor carrier's 26 agents, officers, and representatives, as well as employees 27 responsible for hiring, supervising, training, assigning, or 03779'99 6 1 dispatching of drivers and employees concerned with the 2 installation, inspection, and maintenance of motor vehicle equip- 3 ment and accessories. 03779'99 Final page. TJS