September 29, 2005, Introduced by Reps. Wojno, Gaffney, Mortimer, Byrnes, Accavitti, Polidori, Bieda, Vander Veen, Shaffer and Hune and referred to the Committee on Health Policy.
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 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 an individual who is licensed,
certified, or registered to practice under the laws of any state as
a physician or a nurse practitioner.
(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.