HB-5248, As Passed House, October 26, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 5248

     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:

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

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

with the office of the secretary of state except where modified by

this act, to provide for the safe transportation of persons and

property with the intent of following the policies and procedures

of the United States department of transportation's federal highway

administration as they relate to title 49 of the code of federal

regulations and the  north american  North American standard

uniform out of service criteria and inspection procedures:

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

parts  100 105 through  180 198.

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

part 382, part 387, parts 390 through 393, parts 395 through 397,

and part 399 including appendices 1, D, E, and G, except for the

following:

     (i) Where the term "United States department of

transportation", "federal highway administration", "federal highway

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

"research and special projects administration", or "associate

administrator for hazardous materials safety" appears, it refers to

the department of state police.

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

interstate, or both, as applicable, except as otherwise

specifically provided in this act.

     (c) Where "special agent of the federal highway

administration", "administration personnel", or "hazardous

materials enforcement specialist" appears, it  either  means a

peace officer,  or  an enforcement member, or a vehicle inspector

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

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

     (e) Where MCS 64 appears, it means MC 5.

     (f) Exempt intracity zones and the regulations applicable to

exempt intracity zones do not apply to this act.

     (2) When a commercial motor vehicle is operated entirely

within this state and not otherwise involved with the movement of

interstate property or passengers in commerce, the definitions in

this subsection apply. The definitions contained in those parts of

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

except for the following definitions as added or modified:

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

created in section 1b.

     (b) "Bus" means any motor vehicle designed for carrying 16 or

more passengers, including the driver. Bus does not include a

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

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

sections 474.101 to 474.141 of the Michigan Compiled Laws 1982 PA

432, MCL 474.101 to 474.141, or a bus operated by a public transit

agency operating under any of the following:

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

other authority incorporated under  Act No. 55 of the Public Acts

of 1963, being sections 124.351 to 124.359 of the Michigan Compiled

Laws 1963 PA 55, MCL 124.351 to 125.359. Each authority and

governmental agency incorporated under  Act No. 55 of the Public

Acts of 1963 1963 PA 55, MCL 124.351 to 124.359, has the exclusive

jurisdiction to determine its own contemplated routes, hours of

service, estimated transit vehicle miles, costs of public

transportation services, and projected capital improvements or

projects within its service area.

     (ii) An authority incorporated under the metropolitan

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

Acts of 1967, being sections 124.401 to 124.426 of the Michigan

Compiled Laws 1967 PA 204, MCL 124.401 to 124.426, or that

operates a transportation service pursuant to an interlocal

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

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

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

7, MCL 124.501 to 124.512.

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

Public Acts of the Extra Session of 1967, being sections 124.531 to

124.536 of the Michigan Compiled Laws, or Act No. 35 of the Public

Acts of 1951, being sections 124.1 to 124.13 of the Michigan

Compiled Laws 1967 (Ex Sess) PA 8, MCL 124.531 to 124.536, or 1951

PA 35, MCL 124.1 to 124.13.

     (iv) An authority incorporated under the public transportation

authority act,  Act No. 196 of the Public Acts of 1986, being

sections 124.451 to 124.479 of the Michigan Compiled Laws 1986 PA

196, MCL 124.451 to 124.479, or a nonprofit corporation organized

under the nonprofit corporation act,  Act No. 162 of the Public

Acts of 1982, being sections 450.2101 to 450.3192 of the Michigan

Compiled Laws 1982 PA 162, MCL 450.2101 to 450.3192, that provides

transportation services.

     (v) An authority financing public improvements to

transportation systems under the revenue bond act of 1933,  Act No.

94 of the Public Acts of 1933, being sections 141.101 to 141.140 of

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

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

towed vehicle designed or used on public highways to transport

passengers or property, except for a bus exempted in subdivision

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

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

weight or gross combination weight rating or an actual gross

combination weight of 10,001 or more pounds.

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

the driver.

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

quantity that requires the vehicle to be marked or placarded

pursuant to  49 C.F.R. 49 CFR parts  100 105 to  180 198.

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

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

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

combined weight of a motor vehicle and any load on that vehicle.

     (f) "Hazardous material vehicle inspection or repair facility"

is a commercial enterprise that performs inspections,

certification, testing, or repairs to commercial motor vehicles

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

parts  100 105 to  180 198 and includes motor carriers that

perform the inspections, certification, testing, or repairs to

vehicles owned or leased by the motor carrier.

(g) "Medical examiner" means that term as defined under 49 CFR

390.5.

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

property in a commercial motor vehicle and includes a person who

owns or leases a commercial motor vehicle or that assigns employees

to operate the vehicle. Motor carrier includes a motor carrier's

agents, officers, and representatives, as well as employees

responsible for hiring, supervising, training, assigning, or

dispatching of drivers and employees concerned with the

installation, inspection, and maintenance of motor vehicle

equipment and accessories.