December 14, 2011, Introduced by Reps. MacMaster, Goike, Potvin, Haveman, Huuki, Horn, Pettalia and Yonker 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 2011 PA 160.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1a. (1) This state 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:
(a) Hazardous materials regulations, being 49 CFR parts 105
through 180 except for the transportation of agricultural products
for which an exception from the application of 49 CFR subchapter C
and 49 CFR part 172, subparts G and H, is provided under 49 CFR
173.5, is specifically authorized if the transportation is in
compliance with this act and other state law.
(b) Motor carrier safety regulations, being 49 CFR parts 40,
356, 365, 368, 371 through 373, 375, 376, 379, 382, 383, 385, 387,
390 through 393, 395 through 399 including the appendices of each
part, except for the following:
(i) Except as provided in this subparagraph, where the term
"United States department of transportation", "federal motor
carrier safety administration", "federal motor carrier safety
administrator", "director", "bureau of motor carrier safety",
"pipeline and hazardous materials administration", or "associate
administrator for hazardous materials safety" appears, it refers to
the department of state police. If the term is being used for the
purposes of 49 CFR part 397 as it relates to routing and movement
of hazardous materials, it refers to the Michigan state
transportation department.
(ii) Where "interstate" appears, it shall
mean means intrastate
or interstate, or both, as applicable, except as specifically
provided in this act.
(iii) Where "special agent of the federal motor carrier safety
administration", "administration personnel", or "hazardous
materials enforcement specialist" appears, it either means a peace
officer or an enforcement member of the motor carrier division of
the department of state police.
(iv) Where MCS 63 appears, it means MC 9 and MC 9b.
(v) Where MCS 64 appears, it means UD-70.
(vi) Exempt intracity zones and the regulations applicable to
exempt intracity zones do not apply to this act.
(2) This act does not apply to a bus operated by a public
transit agency operating under any of the following:
(a) A county, city, township, or village as provided by law,
or other authority incorporated under 1963 PA 55, MCL 124.351 to
124.359. Each authority and governmental agency incorporated under
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.
(b) An authority incorporated under the metropolitan
transportation authorities act of 1967, 1967 PA 204, MCL 124.401 to
124.426, or that operates a transportation service under an
interlocal agreement as that term is defined in section 2 of the
urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.502.
(c) A contract entered into under 1967 (Ex Sess) PA 8, MCL
124.531 to 124.536, or 1951 PA 35, MCL 124.1 to 124.13.
(d) An authority incorporated under the public transportation
authority act, 1986 PA 196, MCL 124.451 to 124.479, or a nonprofit
corporation organized under the nonprofit corporation act, 1982 PA
162, MCL 450.2101 to 450.3192, that provides transportation
services.
(e) An authority financing public improvements to
transportation systems under the revenue bond act of 1933, 1933 PA
94, MCL 141.101 to 141.140.
(3) This act does not apply to a commercial motor vehicle that
is operated entirely within this state and not otherwise involved
with the movement of interstate property or passengers in commerce.
As used in this subsection, "commercial motor vehicle" means any
self-propelled or towed vehicle designed or used on public highways
to transport passengers or property that has either a gross vehicle
weight rating or an actual gross weight or gross combination weight
rating or an actual gross combination weight of 26,001 or more
pounds.
(4) (3)
As used in this act:
(a) "Hazardous material vehicle inspection or repair facility"
means a commercial enterprise that performs inspections,
certification, testing, or repairs to commercial motor vehicles
transporting hazardous materials as required by 49 CFR parts 105 to
180 and includes motor carriers that perform the inspections,
certification, testing, or repairs to vehicles owned or leased by
the motor carrier.
(b) "Medical examiner" means that term as defined under 49 CFR
390.5.