HB-4821, As Passed House, October 15, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4821

     A bill to amend 1963 PA 181, entitled

"Motor carrier safety act of 1963,"

by amending section 5 (MCL 480.15), as amended by 2011 PA 160.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 5. (1) In the case of intrastate transportation, the

provisions of 49 CFR 391.21 relating to application for employment,

49 CFR 391.23 relating to investigations and inquiries, 49 CFR

391.31 relating to road tests, 49 CFR part 395 relating to hours of

service, 49 CFR 383.71 and 391.41 to 391.45, to the extent that

they require a driver to be medically qualified or examined and to

have a medical examiner's certificate on his or her person, and the

provisions of this act relating to files and records do not apply

to a farm vehicle driver as defined in 49 CFR 390.5.

     (2) For intrastate transportation, the provisions of this act

do not apply to a self-propelled implement of husbandry or an

implement of husbandry being drawn by a farm tractor or another

implement of husbandry.

     (3) The provisions of this act related to driver

qualifications do not apply to an employee of a public utility,

telephone, and or cable television company service employees if

those employees are the employee is not otherwise being used as a

regularly employed driver and are is not operating a vehicle that

meets the definition of a commercial motor vehicle in 49 CFR part

383.

     (4) The requirements of 49 CFR part 395 do not apply to any

driver of a public utility service vehicle when being used in cases

of emergency. As used in this subsection, "emergency" means any

instance of loss of public utility service due to an unforeseen

circumstance, a natural disaster, or an act of God. A declaration

of emergency by a public official is not required to constitute an

emergency under this subsection.

(4) (5) This act and the rules promulgated under this act do

not apply to a commercial motor vehicle owned and operated by a

unit of government or its employees, except as otherwise provided

by this act, and except for 49 CFR 383.71(h) and all of 49 CFR

parts 382, 391, 392, and 393.

(5) (6) A combination of vehicles with an actual combination

gross vehicle weight or a gross combination weight rating of 26,000

pounds or less, if the trailer or semitrailer has an actual gross

vehicle weight or gross vehicle weight rating of 15,000 pounds or

less, may be equipped with surge brakes for intrastate operation as

allowed by section 705(1)(c) of the Michigan vehicle code, 1949 PA

300, MCL 257.705. Vehicles of any size that are transporting

hazardous materials in an amount that requires placarding or

vehicles that are designed to transport more than 8 passengers,

including the driver, shall not be equipped with surge brakes for

intrastate operation.

(6) (7) Except for the purpose of granting a waiver in

accordance with section 53 of the pupil transportation act, 1990 PA

187, MCL 257.1853, this act and the rules promulgated under this

act do not apply to a school bus as defined in section 7 of the

pupil transportation act, 1990 PA 187, MCL 257.1807. , or a bus

defined, and for which a certificate of authority was issued, under

the motor bus transportation act, 1982 PA 432, MCL 474.101 to

474.141.

     (7) Except for section 6, this act and the rules promulgated

under this act do not apply to a motor bus as defined in, and for

which a certificate of authority was issued under, the motor bus

transportation act, 1982 PA 432, MCL 474.101 to 474.141.

     (8) A motor carrier operating entirely in intrastate commerce

solely within Michigan this state shall not permit or require an

operator of a commercial motor vehicle engaged in seasonal

construction-related activities, regardless of the number of motor

carriers using the operator's services, to do either of the

following:

     (a) Operate for any period after having been on duty 70 hours

in any 7 consecutive days or having been on duty 80 hours in any

period of 8 consecutive days.

     (b) Operate more than 12 hours or be on duty more than 16

hours in any day.

     (9) As used in subsections (3) and (4), "public utility" means

a person or corporation operating equipment or facilities for

producing, generating, transmitting, delivering, or furnishing gas

or electricity for the production of light, heat, or power for the

public for compensation.

(9) (10) As used in this section:

     (a) "Implement of husbandry" means that term as defined in

section 21 of the Michigan vehicle code, 1949 PA 300, MCL 257.21.

(a) (b) "Farm tractor" means that term as defined in section

16 of the Michigan vehicle code, 1949 PA 300, MCL 257.16.

     (b) "Implement of husbandry" means that term as defined in

section 21 of the Michigan vehicle code, 1949 PA 300, MCL 257.21.

     (c) "Public utility" means a person that operates equipment or

facilities for producing, generating, transmitting, delivering, or

furnishing gas or electricity for the production of light, heat, or

power for the public for compensation.