HB-5714, As Passed Senate, December 18, 2014
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5714
A bill to amend 1933 PA 254, entitled
"The motor carrier act,"
by amending the title, sections 1, 2, 3, and 4 of article I, the
heading and sections 1, 3, 5, 8, 9, 10, 13, and 14 of article II,
the heading and sections 1, 2, 4, 5, 6, 9, 11, and 12 of article
III, sections 1 and 2 of article IV, sections 2, 5, 6, 6a, 6b, 7,
8, 9, 10, 10a, 11, 14, 14a, and 18 of article V, and section 2 of
article VI (MCL 475.1, 475.2, 475.3, 475.4, 476.1, 476.3, 476.5,
476.8, 476.9, 476.10, 476.13, 476.14, 477.1, 477.2, 477.4, 477.5,
477.6, 477.9, 477.11, 477.12, 478.1, 478.2, 479.2, 479.5, 479.6,
479.6a, 479.6b, 479.7, 479.8, 479.9, 479.10, 479.10a, 479.11,
479.14, 479.14a, 479.18, and 479.42), the title, section 1 of
article I, section 2 of article IV, and sections 8, 9, and 10 of
article V as amended by 2008 PA 584, sections 2, 3, and 4 of
article I, section 3 of article II, sections 2 and 4 of article
III, and sections 6a, 6b, 10a, 14, and 14a of article V as amended
and section 2 of article VI as added by 1993 PA 352, sections 1, 8,
9, 13, and 14 of article II, sections 1, 5, 9, 11, and 12 of
article III, section 1 of article IV, and section 6 of article V as
amended by 1982 PA 399, sections 5 and 10 of article II and section
6 of article III as amended and section 7 of article V as added by
2007 PA 33, section 2 of article V as amended by 2011 PA 111,
section 11 of article V as amended by 1994 PA 176, and section 18
of article V as amended by 2000 PA 96, and by adding sections 4a,
7, 7a, 7b, and 9a to article III; and to repeal acts and parts of
acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act to promote safety upon and conserve the use of public
highways
of the this state; to provide for the supervision,
regulation, and control of the use of such highways by all motor
vehicles operated by carriers of property for hire upon or over
such highways; to preserve, foster, and regulate transportation and
permit the coordination of motor vehicle transportation facilities;
to provide for the supervision, regulation, and control of the use
of such highways by all motor vehicles for hire for such purposes;
to classify and regulate carriers of property by motor vehicles for
hire upon such public highways for such purposes; to give the
Michigan
Public Service Commission public
service commission
jurisdiction and authority to prevent evasion of this act through
any device or arrangement; to insure adequate transportation
service; to give the commission jurisdiction and authority to fix,
alter, regulate, and determine rates, fares, charges,
classifications,
and practices of common motor carriers of
household goods for such purposes; to give the commission
jurisdiction and authority to require registration, conduct audits,
and assess fees for motor carriers for unified carrier registration
;
to require filing with the commission of rates, fares, and
charges
of contract carriers and to
authorize the commission to
prescribe minimum rates, fares, and charges, and to require the
observance thereof; to prevent unjust discrimination; to prescribe
the
powers and duties of said the
public service commission; with
reference
thereto; to provide for appeals
from the orders of such
the commission; to confer jurisdiction upon the circuit court for
the county of Ingham for such appeals; to provide for the levy and
collection
of certain privilege fees and taxes for such motor
carriers
for such purposes and the disposition of such those fees
and
taxes; and to provide for the enforcement of this act; and to
prescribe penalties for its violations.
ARTICLE I
GENERAL DEFINITIONS AND PURPOSE
Sec. 1. The words and phrases As used
in this act: shall be
construed
as follows, unless the context shall otherwise require:
(a)
"Motor vehicle" means any automobile, truck, trailer,
semitrailer,
truck tractor, road tractor, or any self-propelled or
motor
or mechanically driven vehicle, or any vehicle in anywise
attached
to, connected with, or drawn by any self-propelled or
motor
or mechanically driven vehicle, used upon any public highway
of
this state for the purpose of transporting property.
(b)
"Public highway" means any public highway, road, street,
avenue,
alley, or thoroughfare of any kind, or any bridge, tunnel,
or
subway used by the public.
(c)
"Commission" means the Michigan public service commission.
(d)
"Person" means any individual, partnership, association,
or
corporation, and their lessees, trustees, or receivers appointed
by
any court.
(e)
"For hire" means for remuneration or reward of any kind,
paid
or promised, either directly or indirectly.
(f)
"Motor common carrier of property" means any person who
holds
himself or herself out to the public as being engaged in the
business
of a for hire common carrier as at the common law, either
directly
or through any device or arrangement, including but not
limited
to those who operate over fixed routes or within 1 mile of
a
fixed route or between fixed termini, in the transportation by
motor
vehicle from place to place upon or over the highways of this
state,
the property, or any property, or any class of property of
others
who may choose to employ the person.
(g)
"The public" means that part or portion of the general
public
which the motor carrier is ready, able, willing, and
equipped
to serve.
(h)
"Motor contract carrier of property" means any person
providing
motor vehicle transportation upon the highways of this
state
for a series of shipments under continuing agreement of not
less
than 1 year with a person which agreement provides for the
assignment
of motor vehicles exclusively for each such person while
the
vehicle is in the service of such person and which agreement is
designed
to meet the distinct needs of each such person. Lower
rates,
in and of themselves, shall not constitute a distinct need.
A
motor contract carrier that possesses a motor common carrier
certificate
of authority of that class set forth at section 5(6)(a)
of
article II may commingle authorized contract carrier shipments
while
providing common carrier service over fixed routes, without
assigning
any vehicle exclusively for the person or persons for
whom
contract service is provided. A motor contract carrier
authorized
to transport packages or articles weighing 70 pounds or
less
for 1 or more contract shippers may commingle such authorized
packages
or articles weighing 70 pounds or less in the same vehicle
with
commodities transported as a common or contract carrier,
without
assigning any vehicle exclusively for the person or persons
for
whom contract service is provided. A motor contract carrier
authorized
to transport coin, currency, or food stamps for 1 or
more
contract shippers, may commingle such authorized coin,
currency,
or food stamps in the same vehicle with commodities
transported
as a common or a contract carrier, without assigning
any
vehicle exclusively for the person for whom contract service is
provided.
(i)
"Motor carrier" means both motor common carriers of
property
and motor contract carriers of property. Motor carrier
does
not include any person engaged in the transportation of
property
by motor vehicle upon public highways where the
transportation
is incidental to, or in furtherance of, any
commercial
enterprise of the person, other than transportation.
(j)
"Certificate of authority" means a certificate issued to a
motor
common carrier authorizing a transportation service that
serves
a useful public purpose responsive to a public demand or
need,
which certificate is issued under the terms of this act.
(k)
"Permit" means the permit issued to motor contract
carriers
under the terms of this act.
(l) "Through any device or arrangement"
means any and all
methods,
means, agreements, circumstances, operations, or
subterfuges
under which any person undertakes for hire to conduct,
direct,
control, or otherwise perform the transportation by motor
vehicle
of property upon the public highways of this state.
(m)
"Modified procedure" means that administrative procedure
by
which the commission may consider evidence and testimony
submitted
in the form of verified statements in motor carrier
matters
without the necessity for an oral hearing. The commission
may
delegate decision-making authority to an employee of the
commission
staff, so that decisions in modified procedure may be
issued
under the signature of the employee without a formal
commission
order.
(n)
"Occasional accommodative service" means service limited
to
operations conducted by persons not regularly engaged in the
transportation
business of a motor common carrier or a motor
contract
carrier.
(o)
"Useful public purpose" means a purpose for which an
applicant
can provide adequate, economic, safe, effective,
competitive,
and equitable motor carrier service to satisfy a
demonstrated
public need.
(p)
"Fit", as applied to a proposed motor carrier service,
means
safe, suitable, and financially responsible as determined by
the
commission.
(q)
"General rate" means a rate applicable to 2 or more motor
carriers
which rate is filed pursuant to section 6b of article V.
(r)
"Base rate, fare, or charge" means that nondiscounted
rate,
fare, or charge specified in a carrier's rate schedule on
file
with the commission.
(s)
"Predatory rate" means a rate that is below its fully
allocated
costs. As used in this subdivision, "fully allocated
costs"
means total costs, including variable costs, plus an
allocation
of fixed costs.
(t)
"Household goods" means personal effects and property used
or
to be used in a dwelling when a part of the equipment or supply
of
that dwelling. Household goods do not include property moving
from
a factory or store, except such property as the householder
has
purchased with intent to use in his or her dwelling and that is
transported
at the request of the householder, the carrier's
transportation
charges for which are paid by that householder.
(u)
"Local move" means a household goods shipment of 40 miles
or
less, from point of origin to point of destination, as
determined
by actual miles traveled by the motor carrier and
verifiable
by odometer reading or mileage guide in general public
use.
(v)
"Intrastate-only motor carrier of property" means a motor
carrier
of property that is not a UCR motor carrier.
(w)
"Intrastate motor vehicle" means a motor vehicle that is
operated
by 1 of the following:
(i) An intrastate-only motor carrier of property.
(ii) A motor carrier that uses the motor vehicle to
transport
household
goods on an intrastate basis.
(x)
"UCR motor carrier" means a person that is required to pay
fees
and file information under section 4305 of the federal unified
carrier
registration act of 2005, 49 USC 14504a.
(y)
"Unified carrier registration agreement" means the
interstate
agreement developed under the unified carrier
registration
plan governing the collection and distribution of
registration
and financial responsibility information provided and
fees
paid by UCR motor carriers, motor private carriers, brokers,
freight
forwarders, and leasing companies under section 4305 of the
federal
unified carrier registration act of 2005, 49 USC 14504a.
(z)
"Unified carrier registration plan" means the organization
of
state, federal, and industry representatives responsible for
developing,
implementing, and administering the unified carrier
registration
agreement under section 4305 of the federal unified
carrier
registration act of 2005, 49 USC 14504a.
(aa)
"Broker" means that term as defined in 49 USC 13102.
(bb)
"Freight forwarder" means that term as defined in 49 USC
13102.
(cc)
"Motor private carrier" means that term as defined in 49
USC
13102.
(dd)
"Commercial motor vehicle" means that term as defined in
49
USC 14504a.
(ee)
"Leasing company" means that term as defined in 49 USC
14504a.
(a) "Base rate, fare, or charge" means the nondiscounted rate,
fare, or charge specified in a carrier's rate schedule on file with
the commission.
(b) "Broker" means that term as defined in 49 USC 13102.
(c) "Certificate of authority" means a certificate issued
under this act to a motor carrier authorizing a transportation
service.
(d) "Commercial motor vehicle" means that term as defined in
49 USC 14504a.
(e) "Commission" means the Michigan public service commission.
(f) "Emergency" means that term as defined in 49 CFR 390.5(1).
(g) "Fit", as applied to a proposed motor carrier service,
means safe, suitable, and financially responsible as determined by
the commission.
(h) "For hire" means for remuneration or reward of any kind,
paid or promised, either directly or indirectly.
(i) "Freight forwarder" means that term as defined in 49 USC
13102.
(j) "General commodity" means any property other than
household goods, hazardous materials, or passengers.
(k) "General rate" means a rate applicable to 2 or more motor
carriers that is filed under section 6b of article V.
(l) "Household goods" means personal effects and property used
or to be used in a dwelling when a part of the equipment or supply
of that dwelling. Household goods do not include property moving
from a factory or store, unless the property was purchased by the
householder with intent to use the property in his or her dwelling,
the property is transported at the request of the householder, and
the householder pays the carrier's transportation charges either
directly or indirectly.
(m) "Intrastate motor vehicle" means a motor vehicle that is
operated by 1 of the following:
(i) An intrastate-only motor carrier of property.
(ii) A motor carrier that uses the motor vehicle to transport
household goods on an intrastate basis.
(n) "Intrastate-only motor carrier of property" means a motor
carrier of property that is not a UCR motor carrier.
(o) "Leasing company" means that term as defined in 49 USC
14504a.
(p) "Local move" means a household goods shipment of 40 miles
or less, from point of origin to point of destination, as
determined by actual miles traveled by the motor carrier and
verifiable by odometer reading or mileage guide in general public
use.
(q) "Motor carrier" means a motor carrier of general
commodities or a motor carrier of household goods.
(r) "Motor carrier of general commodities" means a person that
is an authorized for-hire motor carrier, either directly or through
any device or arrangement, of property other than household goods
upon or over a public highway.
(s) "Motor carrier of household goods" means a person that,
either directly or through any device or arrangement, packs, loads,
unloads, or transports household goods upon or over a public
highway for the general public in exchange for payment.
(t) "Motor private carrier" means that term as defined in 49
USC 13102.
(u) "Motor vehicle" means an automobile, truck, trailer,
semitrailer, truck tractor, road tractor, or a self-propelled or
motor or mechanically driven vehicle, or a vehicle attached to,
connected with, or drawn by a self-propelled or motor or
mechanically driven vehicle, used upon a public highway of this
state.
(v) "Person" means an individual, partnership, association, or
corporation, and their lessees, trustees, or receivers appointed by
a court.
(w) "Predatory rate" means a rate that is either below its
fully allocated costs or in excess of reasonable industry
standards. As used in this subdivision, "fully allocated costs"
means total costs, including variable costs, plus an allocation of
fixed costs.
(x) "Public highway" means a public highway, road, street,
avenue, alley, or thoroughfare of any kind, or a bridge, tunnel, or
subway used by the public.
(y) "The public" means the part or portion of the general
public that a motor carrier is ready, able, willing, and equipped
to serve.
(z) "Through any device or arrangement" means any and all
methods, means, agreements, circumstances, operations, or
subterfuges under which a person undertakes for hire to conduct,
direct, control, or otherwise perform the transportation by motor
vehicle of property upon the public highways of this state.
(aa) "UCR motor carrier" means a person that is required to
pay fees and file information under section 14504a of the federal
unified carrier registration act of 2005, 49 USC 14504a.
(bb) "Unified carrier registration agreement" means the
interstate agreement developed under the unified carrier
registration plan governing the collection and distribution of
registration and financial responsibility information provided and
fees paid by UCR motor carriers, motor private carriers, brokers,
freight forwarders, and leasing companies under section 14504a of
the federal unified carrier registration act of 2005, 49 USC
14504a.
(cc) "Unified carrier registration plan" means the
organization of state, federal, and industry representatives
responsible for developing, implementing, and administering the
unified carrier registration agreement under section 14504a of the
federal unified carrier registration act of 2005, 49 USC 14504a.
Sec. 2. It is hereby declared to be the purpose and policy of
the legislature in enacting this law to confer upon the commission
the power and authority and to make it its duty to supervise and
regulate the transportation of property by motor vehicle for hire
upon and over the public highways of this state in all matters
whether specifically mentioned herein or not, so as to do all of
the following:
(a) Relieve all future undue burdens and
congestion on the
highways
arising by reason of the use of the highways by motor
vehicles
operated by motor carriers; (b) protect and conserve the
highways
and protect Protect the safety and welfare of the
traveling
and shipping public in their use of the highways. ; (c)
promote
(b) Promote competitive and efficient transportation services.
;
(d) meet
(c) Meet the needs of motor carriers, shippers, receivers, and
consumers. ;
(e) allow
(d) Allow a variety of quality, price, and service options to
meet changing market demands and the diverse requirements of the
shipping
public. ; (f) allow
(e) Allow the most productive use of equipment and energy
resources. ;
(g) provide
(f) Provide the opportunity for efficient and well-managed
motor
carriers to earn adequate profits and attract capital. ;
(h)
promote
(g)
Promote intermodal transportation. ;
(i) prevent
(h)
Prevent unjust discrimination. ;
(j) promote
(i) Promote greater participation by minorities in the motor
carrier
system. ; (k) provide
(j) Provide and maintain service to small communities and
small
shippers. ; (l)
prevent
(k) Prevent evasion of this act through any device or
arrangement. ;
(m) promote
(l) Promote entrepreneurship in the motor carrier industry by
allowing
greater contract carrier economic and entry flexibility. ;
and
(n) promote
(m) Promote the use of jointly considered and initiated rates,
classifications, divisions, allowances, charges, or rules of motor
carriers under commission approved agreements.
Sec.
3. (1) To enable the provisions of service for which
there
is an immediate and urgent need to a point or points or
within
a territory having no motor common carrier service capable
of
meeting that need, the The commission may, in its discretion and
upon
a proper application , in its discretion that includes a
specific definition of the authority sought, and without hearings
or
other proceedings, grant temporary authority for that service by
a
motor common carrier by motor vehicle. The commission may grant
temporary authority unless a safety or fitness-related issue
exists. The temporary authority, unless suspended or revoked for
good
cause, shall be valid until the commission has made a
determination
to grant or deny permanent authority. If after
hearing
permanent authority is granted, then corresponding
temporary
authority may be continued until the permanent authority
becomes
effective. for not more than
60 days after the date of
issuance. The grant of temporary authority does not create a
presumption that the commission will grant corresponding permanent
authority. will
be granted thereafter.
(2)
The commission may, upon a proper application which shall
include
specific definition of permit sought, in its discretion and
without
hearings or other proceedings, grant a temporary permit for
that
service by a motor contract carrier by motor vehicle. A
temporary
permit shall be granted, at the request of an applicant,
in
all cases, except when a safety or fitness related protest has
been
filed, which protest must include specific allegations
necessary
to state a prima facie case and reasonably inform the
commission
and the applicant of the nature of the allegations, with
specific
reference to the section or sections of all related
statutes,
rules, orders, and tariffs. The temporary permit, unless
suspended
or revoked for good cause, shall be valid until the
commission
has made a decision to grant or deny a permanent permit.
The
grant of a temporary permit creates no presumption that a
corresponding
permanent permit will be granted thereafter.
(3)
Pending the determination of an application filed with the
commission
for approval of a consolidation or merger of the
properties
of 2 or more motor carriers, the commission may, in its
discretion
and without hearing or other proceedings, grant
temporary
approval, for a period not exceeding 60 days, of the
operation
of the motor carrier properties sought to be acquired by
the
person proposing in the pending application to acquire the
properties,
if it appears that failure to grant the temporary
approval
may result in destruction of or injury to the motor
carrier
properties sought to be acquired, or to interfere
substantially
with their future usefulness in the performance of
adequate
and continuous service to the public.
(2) (4)
Transportation service rendered
under a temporary
authority
shall be is subject to all applicable provisions of this
act and to the rules of the commission.
Sec. 4. (1) This section applies to all matters before the
commission for which the commission has jurisdiction under article
II, III, or V.
(2)
The commission or an employee to whom has been delegated
with the authority to make an initial decision in a matter related
to a motor carrier shall do all of the following:
(a)
Shall, in any In a case in which an oral hearing is held,
complete all evidentiary proceedings related to the matter not
later
than 180 days following institution of the proceeding, shall
issue in writing the proposal for decision not later than 270 days
following
institution of the proceeding, and shall issue in writing
the final decision not later than 300 days following institution of
the proceeding.
(b)
Shall, in the case of In all other proceedings subject to
this section, issue in writing the proposal for decision not later
than
120 days following institution of the proceeding , and shall
issue in writing the final decision not later than 180 days
following institution of the proceeding.
(3) In extraordinary circumstances the commission may extend a
time period established by this section. However, the total of all
extensions with respect to any matter subject to this section shall
not exceed 90 days.
ARTICLE II
MOTOR CARRIERS OF GENERAL COMMODITIES
Sec.
1. A motor common carrier of property general commodities
shall
not operate any motor vehicle for the in for-hire
transportation
of property for hire on any public highway in this
state
except in accordance with the provisions of this act. A motor
common
carrier of property general commodities shall not operate
upon any public highway without first having obtained a certificate
of
authority from the commission. a
certificate of authority.
Sec. 3. (1) An application for a certificate of authority
shall
be in writing, verified by affidavit, on a form prescribed by
the commission and signed by the owner or an officer of the
applicant, stating the experience of the applicant as a
motor
carrier,
if any, the ownership and condition
of the equipment and
physical property of the applicant proposed to be used, that the
vehicles of the applicant have passed an inspection within the
immediately
preceding 12 months pursuant to the requirements of
under
the motor carrier safety act of 1963,
Act No. 181 of the
Public
Acts of 1963, being sections 480.11 to 480.21 of the
Michigan
Compiled Laws, and 49 C.F.R. part 396, the support by
shippers
or receivers for the proposed service, the relation of the
proposed
service to the required public purpose to be served, 1963
PA 181, MCL 480.11 to 480.25, and shall contain other information
as the commission requires. The commission may request supplemental
information from an applicant regarding accident records and
citations issued to the applicant or drivers of the applicant
within the immediately preceding 12 months when that information is
considered necessary to make findings regarding the fitness of the
applicant. Each application shall be accompanied by the required
fees, proof of insurance before operations are commenced, and all
other things required by law and the rules of the commission.
(2) The commission may reject, dismiss, or deny an application
if the applicant fails to comply with instructions on the
application form described in subsection (1).
Sec.
5. (1) Except as provided in this section, the commission
shall issue a certificate of authority to an applicant authorizing
that
it to provide transportation
subject to the jurisdiction of
the
commission under this article as a motor common carrier of
property
general commodities if the commission finds all of the
following:
(a) The character and condition of the vehicles proposed to be
operated by the applicant is such that they may be operated safely
upon the public highways.
(b)
That the The applicant is fit, willing, and able to
provide the transportation to be authorized by the certificate and
to comply with this act and rules and regulations of the
commission.
(c)
On the basis of evidence presented, that the service
proposed
will serve a useful public purpose.
(c) (d)
That the The service proposed is consistent with the
transportation policy set forth in section 2 of article I.
(d) The applicant has the required insurance in place to
insure the protection of the public.
(2)
In making a finding under subsection (1), the commission
shall
consider and, to the extent applicable, make findings on at
least
all of the following:
(a)
The transportation policy set forth in section 2 of
article
I.
(b)
The character of the bond or insurance proposed to be
given
to insure the protection of the public.
(c)
Whether the applicant is fit, willing, and able to provide
service
commensurate with the extent of the certificate sought.
(3)
A motor carrier may not protest an application to provide
transportation
filed under this section unless all of the following
requirements
are met:
(a)
The protest is filed with the commission not later than 20
days
following publication of the notice of the filing of the
application
in the biweekly bulletin.
(b)
The motor carrier possesses a certificate of authority or
permit
authorizing it to handle, in whole or in part, the traffic
for
which an application is made.
(c)
The motor carrier is willing and able to provide service
that
meets the reasonable needs of the shippers involved.
(d)
The motor carrier has performed service within the scope
of
the application during the previous 12-month period.
(4)
The commission may grant leave to intervene to a person
other
than a motor carrier or an applicant for a certificate of
authority
or permit upon a showing of other interests that are
consistent
with the transportation policy set forth in section 2 of
article
I. A petition to intervene shall not be granted unless
filed
with the commission not later than 20 days following
publication
of the notice of the filing of the application in the
biweekly
bulletin except for good cause shown.
(5)
Any motor carrier having timely filed a protest or any
intervenor
having timely filed a petition to intervene may
participate
in person or by counsel, cross-examine witnesses, and
offer
testimony in support of, or in opposition to, the grant of a
certificate
of authority.
(6)
Certificates of authority issued to motor common carriers
of
property under this act shall be of 3 classes:
(a)
Certificates issued to motor carriers as may be operating
over
fixed routes or within 1 mile of a fixed route or between
fixed
termini.
(b)
Certificates issued to motor carriers providing a
transportation
service within an 8-mile radius of a city having a
population
of 500,000 or more and including each city or village, a
part
of which is located within the 8-mile radius.
(c)
Certificates issued to all other motor common carriers of
property.
(7)
The burden of proof shall be on the protestant to meet the
requirement
of subsection (2)(c).
Sec.
8. A person, whether motor carrier, shipper, broker, or
consignee, or any officer, employee, agent, or representative of a
motor
carrier, shipper, broker, or consignee, who that operates
without the authority required under this act, advertises its
services without first obtaining the authority required under this
act, acts as a broker of household goods, or that knowingly offers,
grants, or gives, or solicits, accepts, or receives any rebate,
concession,
or discrimination in violation of this act, or who,
that, by means of any false statement or representation, or by the
use of any false or fictitious bill, bill of lading, receipt,
voucher, roll, account, claim, certificate, affidavit, deposition,
lease, or bill of sale, or by any other means or device, knowingly
and
wilfully willfully assists, suffers, or permits a person to
obtain
transportation of property subject to this article, for
less
than
the applicable rate, fare, or charge, or
who that knowingly
and
wilfully, willfully, by any means, fraudulently seeks to evade
or
defeat rules as promulgated under this act for motor common
carriers of general commodities, is guilty of a misdemeanor ,
punishable
by a fine of not more than $500.00, $1,000.00 or
imprisonment for not more than 6 months, or both.
Sec.
9. If a motor common carrier of
general commodities does,
or
causes, or
permits to be done any act or thing in this act
prohibited or declared to be unlawful, or omits to do any act or
thing
required to be done by the motor common carrier of general
commodities under this act or under any lawful order made by the
commission,
the motor common carrier of
general commodities is
liable
to the person , firm, or corporation injured to the extent
of the actual amount of damages sustained in consequence of the
violation.
A recovery as provided in under
this section shall does
not
affect a recovery by the this
state of the penalty prescribed
for the violation.
Sec.
10. (1) The commission shall supervise and regulate all
motor
common carriers of property general commodities and
regulate
and
determine reasonable and sufficient rates, fares, charges, and
classifications;
regulate the facilities,
accounts, service , and
safety
of operations of each motor common carrier of general
commodities. To insure adequate transportation service to
the
territory
traversed by the motor common carriers, the commission
may
require the coordination of the service and schedules of
competing
motor common carriers; require The
commission may do any
of the following:
(a) Require the filing of annual and other reports, tariffs,
schedules,
and other data by the motor common carriers of general
commodities where that information is considered by the commission
to be necessary for the administration or enforcement, or both, of
this
act. ; supervise
(b)
Supervise and regulate motor common carriers
of general
commodities in all matters affecting the relation between the motor
carriers , and the public and between motor carriers. ;
and
promulgate
(c)
Promulgate rules for the purpose of
promoting to promote
safety upon the highways and the conservation of their use and to
the
end ensure that the provisions of this act may be are fully
and
completely carried out. The commission, by general order or
otherwise,
shall may promulgate rules in conformity with this act
applicable
to all motor common carriers
of general commodities, and
to
do all things necessary to carry
out and enforce this act.
(2)
In the exercise of its jurisdiction under subsection (1),
the
commission shall not regulate and determine reasonable and
sufficient
rates, fares, charges, and classifications, or require
the
filing of tariffs and schedules, for local moves of household
goods.
Sec.
13. A motor common carrier of
general commodities
authorized
by this act to operate shall not abandon or discontinue
any service established under this act without an order of the
commission. A motor carrier of general commodities shall provide
written notice of discontinuance to the commission in accordance
with the rules of the commission. A certificate of authority under
which service is discontinued for more than 30 days without the
previous
order of this the commission authorizing the
discontinuance
may be revoked after notice. and hearing.
Sec.
14. In case of emergency or unusual temporary demands for
transportation,
the fees for additional motor propelled or drawn
vehicles
for limited periods and the circumstances and regulations
under
which they may be permitted to be operated, used, or employed
by
any motor common carrier shall be prescribed and fixed by
general
rule or temporary order of the commission, any provisions
of
this act to the contrary notwithstanding.
(1) The commission may issue an emergency temporary motor
carrier authority valid for a time period specified by the
commission but not to exceed 60 days to authorize transportation
service for which there is an actual and immediate emergency. A
motor carrier of general commodities may apply for an emergency
temporary motor carrier authority under this section, without
paying a filing fee, in person, in writing, by telephone, or by
electronic mail.
(2) The commission may revoke an emergency temporary motor
carrier authority issued under subsection (1) if the transportation
service is no longer necessary or for other good cause.
(3) A grant of emergency temporary motor carrier authority
does not create a presumption that the commission will grant
permanent authority to a motor carrier of general commodities.
ARTICLE III
MOTOR CARRIERS OF HOUSEHOLD GOODS
Sec.
1. A motor contract carrier of property household goods
shall not operate any motor vehicle for the transportation of
property
for hire on any public highway in this state , except in
accordance
with this act. A motor contract carrier of property
household goods shall not operate within this state without first
having
obtained from the commission a permit certificate of
authority for the operation.
Sec.
2. (1) The commission, upon the filing of an application
by
a motor carrier of household goods for
a permit to operate as a
motor
contract carrier, certificate
of authority, shall ascertain
and
determine, under those reasonable rules as it promulgates, all
of
the following:
(a)
Whether the character of business to be done by the
applicant
strictly conforms with the definition of a motor contract
carrier.
(b)
That the character and condition of the vehicles proposed
to
be operated by the applicant is such that they may be operated
safely
upon the public highways.
(c)
The effect that denying the permit would have on the
shippers
of the applicant for the permit.
(2)
Unless the commission determines that the character of
business
to be done does not strictly conform with the definition
of
a motor contract carrier; the transportation to be provided
under
the permit is or will be inconsistent with the transportation
policy
set forth in section 2 of article I; that the applicant is
unfit;
or that the vehicles of the applicant may not be operated
safely
upon the public highways, the application shall be granted,
in
whole or in part, and a permit issued upon lawful terms and
conditions
as the commission imposes, and subject to the rules
promulgated
by the commission, for the whole or for only the
partial
exercise of the privilege sought.promulgated
by the
commission, whether to issue the certificate of authority.
Sec.
4. (1) An application for a permit certificate of
authority
shall be in writing, verified by
affidavit, on a form
prescribed by the commission and signed by the owner or an officer
of
the applicant, stating the experience
of the applicant as a
motor
carrier, if any, the ownership and
condition of the equipment
and physical property of the applicant proposed to be used, that
the vehicles of the applicant have passed an inspection within the
immediately
preceding 12 months, pursuant to the requirements of
the
motor carrier safety act, Act No. 181 of the Public Acts of
1963,
being sections 480.11 to 480.21 of the Michigan Compiled
Laws,
and 49 C.F.R. part 396, the support by shippers or receivers
for
the proposed service, the manner in which the proposed service
strictly
conforms to the definition of contract carriage, and shall
contain other information as the commission requires. The
commission may request supplemental information from an applicant
regarding accident records and citations issued to the applicant or
drivers
of the applicant, within the immediately preceding 12
months,
when such if that information is considered necessary to
make findings regarding the fitness of the applicant. Each
application shall be accompanied by the required fees, proof of
insurance before operations are commenced, and all other things
required by law and the rules of the commission.
(2) The commission may reject, dismiss, or deny an application
if the applicant fails to comply with instructions on the
application form described in subsection (1).
Sec. 4a. The commission shall issue a certificate of authority
to an applicant authorizing it to provide transportation as a motor
carrier of household goods, subject to the jurisdiction of the
commission, if the commission finds all of the following:
(a) The character and condition of the vehicles proposed to be
operated by the applicant is such that they may be operated safely
upon the public highways.
(b) The applicant is fit, willing, and able to provide the
transportation to be authorized by the certificate of authority and
to comply with this act and rules and regulations of the
commission.
(c) The service proposed is consistent with the transportation
policy set forth in section 2 of article I.
(d) The applicant has the required insurance in place to
insure the protection of the public.
Sec.
5. Upon the filing of an application for a permit to
operate
as a motor contract carrier, the commission shall cause
notice
of the filing of the application to be published in a
biweekly
information bulletin. The commission may schedule a
hearing
on the application or proceed under modified procedure. If
a
hearing is scheduled, notice shall be given in the same manner as
the
notice of the filing of any application. A motor carrier may
not
commence operations under authority granted to it by the
commission
for at least 20 days after issuance of the order, nor
before
a permit has been issued.
(1) Except as otherwise provided in subsection (4), before
engaging in business, a motor carrier of household goods subject to
this act shall print and file with the commission and have
available upon request schedules showing all rates, fares, and
charges for transportation of household goods, and shall keep its
facilities and the schedules described in this subsection open for
public inspection.
(2) A motor carrier of household goods that obtains a
certificate of authority under this act shall not charge a
predatory rate. The commission shall determine whether a motor
carrier of household goods charges a predatory rate before issuing
a certificate of authority and before the motor carrier of
household goods commences operations. As used in this subsection,
"predatory rate" is a rate found by the commission to be below its
fully allocated cost.
(3) A motor carrier of household goods shall not receive or
accept any person or property for transportation upon the highways
of this state until it has complied with this section.
(4) This section does not apply to a local move.
Sec.
6. (1) The commission shall supervise and regulate all
motor
contract carriers of property; promulgate rules covering the
filing
with the commission of the charges, and the operations of
motor
contract carriers in competition with motor common carriers
over
the highways of this state; and promulgate rules for the
purpose
of promoting safety upon the highways and the conservation
of
their use, to the end that the provisions of this act may be
fully
and completely carried out. The commission, by general order
or
otherwise, shall promulgate rules in conformity with this act
applicable
to all motor contract carriers, and to do all things
necessary
to carry out and enforce the provisions of this act. The
commission
may also request the filing of annual reports, and other
reports
in specific cases, where that information is considered by
the
commission to be necessary for the administration or
enforcement,
or both, of this act.
(2)
Each motor contract carrier, in a form as the commission
prescribes
and in accordance with the rules as the commission
promulgates,
shall establish and file with the commission actual
rates
and practices and rules of the contract carrier related to
those
rates. A motor contract carrier shall not be required with
rate
filings to submit evidence of the revenues and expenses to be
realized
in the performance of its authorized functions. A motor
contract
carrier of household goods operating under a contract
with
a
manufacturer, store, or any other organization shall make
available
to the commission its complete contract or contracts, but
shall
not be required to file such contract or contracts with the
commission submit the contract to the commission for
approval. A
member
of the commission, or a clerk, officer, or employee of the
this state shall not divulge or make known, in any manner
whatsoever not provided by this section, to any person the rate
filings
of a contract motor carrier
, of household goods unless a
complaint has been brought by order of the commission against a
contract
motor carrier
of household goods alleging that a rate
of a
contract
the motor carrier of
household goods or practice or rule
of
the contract motor carrier of
household goods related to the
rate
or value of service under that rate is predatory. and in
violation
of this act. Rate filings of a contract
motor carrier of
household goods operating under a contract with a manufacturer,
store, or any other organization are exempt from disclosure under
the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246,
unless a complaint has been brought by order of the commission
against
a contract carrier pursuant to under this section. The
commission
shall review all rate filings to determine that such
rate
filings if they are not predatory. When If the
commission
finds
that a rate of a contract motor
carrier of household goods or
practice
or rule of the contract a motor
carrier of household goods
related to the rate or the value of service under that rate is
predatory, and
in violation of this act, the commission shall
prescribe
the minimum rate, or practice, or rule. In making a
predatory rate determination and when prescribing a minimum rate,
or
practice, or
rule related to a rate for a motor contract carrier
of household goods, the commission shall consider all of the
following:
(a) All revenues and costs associated with 1 specific contract
or appendix to that contract.
(b)
The effect of a prescribed minimum rate, or practice, or
rule on the movement of traffic by that carrier.
(c) Other matters as the commission considers necessary.
(2) (3)
A motor contract carrier of household goods shall not
receive or accept property for transportation upon the highways
until
it has filed the statement of charges has been filed with
the
commission.
(3) This section does not apply to a local move.
Sec. 7. (1) A rate, fare, or charge made by a motor carrier of
household goods shall be just and reasonable and shall not be
unjustly discriminatory, prejudicial, or preferential. A rate,
fare, or charge made by a motor carrier of household goods under a
contract with a manufacturer, store, or other entity shall not be
considered unjustly discriminatory, prejudicial, or preferential in
determining whether a motor carrier of household goods has complied
with this subsection.
(2) A motor carrier of household goods shall not charge,
demand, collect, or receive remuneration for the transportation of
household goods or any service connected with the transportation of
household goods that is greater than, less than, or different from
the rates, fares, and charges that have been legally established
and filed with the commission.
(3) A motor carrier of household goods shall not refund or
remit in any manner or by any device a portion of the rates, fares,
or charges that are required to be collected by the tariffs on file
with the commission or ordered by the commission.
(4) This article does not prohibit a motor carrier of
household goods from having an approved certificate of authority to
operate as a motor carrier of household goods or as a motor carrier
of household goods under a contract with a manufacturer, store, or
any other entity, or as a general commodities carrier.
(5) This section does not apply to a local move.
Sec. 7a. (1) Notwithstanding any other provision of this act,
the commission shall not investigate, suspend, revise, or revoke a
rate, fare, or charge proposed by a motor carrier of household
goods on the grounds that the rate, fare, or charge is unreasonably
high or low if all of the following requirements are met:
(a) The motor carrier of household goods notifies the
commission that it wishes the commission to consider the rate,
fare, or charge under this section.
(b) The rate, fare, or charge is the product of independent
action on the part of the motor carrier of household goods
proposing the rate, fare, or charge.
(c) The aggregate of increases and reductions in the rate,
fare, or charge is not more than 20% above or below the base rate,
fare, or charge in effect 1 year before the effective date of the
proposed rate, fare, or charge.
(2) A motor carrier of household goods may not protest a rate,
fare, or charge proposed by that motor carrier of household goods
under this section.
Sec. 7b. (1) A motor carrier of household goods that
transports household goods in both statewide and local moves shall
provide a nonbinding estimate of the approximate cost of the
transportation. A nonbinding estimate described in this subsection
shall be reasonably accurate and is not binding on the motor
carrier of household goods. For a move of greater than 40 miles,
the final charge for a shipment for which a nonbinding estimate has
been prepared under this subsection shall be that appearing in the
motor carrier of household goods tariffs applicable to the
transportation. A motor carrier of household goods shall furnish a
nonbinding estimate without charge and in writing to the shipper or
other person responsible for payment of the freight charges. For a
move of household goods, the motor carrier of household goods shall
retain a copy of the nonbinding estimate as an addendum to the bill
of lading. A motor carrier of household goods shall clearly
indicate on the face of a nonbinding estimate prepared under this
subsection that the estimate is nonbinding and that the charges
shown are the approximate charges that will be assessed for the
services identified in the estimate, and shall clearly describe the
shipment and all services to be provided.
(2) A motor carrier of household goods furnishing a nonbinding
estimate under subsection (1) shall enter the estimated charges on
the bill of lading.
(3) At the time of delivery of a collect on delivery shipment
for which a motor carrier of household goods has furnished a
nonbinding estimate under subsection (1), the shipper may request
delivery of the shipment upon payment in a form acceptable to the
motor carrier of household goods of an amount not exceeding 110% of
the estimated charges. Upon request of the shipper, the motor
carrier of household goods shall relinquish possession of the
shipment upon payment of not more than 110% of the estimated
charges and shall defer a demand for payment of the balance of any
remaining charges for a period of 30 days after the date of
delivery. This subsection does not apply to a shipment that is
delivered to a warehouse for storage at the request of a shipper.
Notwithstanding any other provision of this section, a motor
carrier of household goods may collect payment in excess of 110% of
the estimated charges if payment is tendered by the shipper within
30 days after the date of delivery.
Sec.
9. (1) If a motor contract carrier of household goods
does or causes or permits to be done any act or thing in this act
prohibited or declared to be unlawful, or omits to do any act or
thing required to be done under this act or under any lawful order
made under this act by the commission, the carrier is liable to the
person, firm, or corporation injured to the extent of the actual
amount of damages sustained in consequence of the violation, except
when liability of the carrier is limited to a value established by
written agreement between the carrier and the shipper.
(2) Unless the liability of a motor carrier of household goods
is limited as provided in subsection (1), the maximum liability of
a motor carrier of household goods for household goods that are
lost, damaged, destroyed, or otherwise not delivered to their final
destination is equal to the replacement value of those goods, not
to exceed a maximum of the declared value of the shipment and the
applicable tariff.
(3)
A recovery as provided in this section shall
does not
affect
a recovery by the this state of the penalty prescribed for
the violation.
Sec. 9a. (1) Except as provided in subsection (3), the
commission shall do all of the following:
(a) Supervise and regulate all motor carriers of household
goods.
(b) Regulate and determine reasonable and sufficient rates,
fares, charges, and classifications.
(c) Regulate the service and safety of operations of each
motor carrier of household goods.
(2) Except as provided in subsection (3), the commission may
do all of the following:
(a) Require the filing of annual and other reports, tariffs,
schedules, and other data by motor carriers of household goods if
that information is necessary for the administration or enforcement
of this act.
(b) Supervise and regulate motor carriers of household goods
in all matters affecting the relation between motor carriers of
household goods and the public, and between motor carriers of
household goods.
(c) Promulgate rules to promote safety on the highways of this
state.
(d) By general order or otherwise, promulgate rules in
conformity with this act applicable to all motor carriers of
household goods.
(e) Do all things necessary to carry out and enforce this act.
(3) The commission shall not regulate or determine reasonable
and sufficient rates, fares, charges, or classifications, or
require the filing of tariffs and schedules, for local moves.
Sec.
11. Each motor contract carrier of property or passengers
who
household goods that ceases operations or abandons its rights
under
the permit authority issued shall notify the commission in
writing in accordance with the rules of the commission within 30
days of the cessation or abandonment. The commission may, after
notice and a hearing, revoke a certificate of authority under which
service is discontinued for more than 30 days without the previous
order of the commission authorizing the discontinuance.
Sec.
12. In case of An emergency or unusual temporary demands
for
transportation, authority may
be issued to a motor carrier of
household goods for a time specified by the commission but not to
exceed 60 days, to authorize transportation service for which there
is an actual and immediate emergency. An application filed under
this
section does not require filing fees for
additional motor
propelled
or drawn vehicles for limited periods and the
circumstances
and regulations under which they
may be permitted to
be
operated, used, or employed by any motor contract carrier shall
be
prescribed and fixed by general rule or temporary order of the
commission,
any provisions of this act to the contrary
notwithstanding.made in person, in writing, by telephone, or
by
electronic mail. All of the following apply to an emergency
temporary authority issued under this section:
(a) The commission shall determine the tariff requirements for
an emergency temporary authority under this section.
(b) The commission may revoke an emergency temporary authority
if it determines that the transportation service is no longer
required or for other good cause.
(c) A grant of emergency temporary authority does not
establish a presumption that the commission will grant permanent
authority to provide transportation in a subsequent application.
ARTICLE IV
FEES
Sec.
1. Each An application filed with the commission for a
certificate
of authority or for a permit, as required by under
this
act , shall be accompanied by a fee of $100.00. Each An application
filed
with the commission for the renewal of a certificate or
permit
shall be accompanied by a fee of
$50.00 for the
administration
of this act, which fee shall be in addition to all
other
fees , and
shall be retained by the commission and deposited
with
the state treasurer, whether or not the certificate or permit
or
the renewal of the certificate or permit is granted.
Sec. 2. (1) In addition to the license fees or taxes otherwise
imposed
upon motor carriers, there the
commission shall be assessed
assess
against and collected collect from
each motor carrier for
the
administration of this act , an
annual fee of $100.00 for each
self-propelled intrastate motor vehicle operated by or on behalf of
the motor carrier, except as otherwise provided in this subsection.
A motor carrier shall pay a fee of only $50.00 for each self-
propelled intrastate motor vehicle operated by or on behalf of the
motor
carrier , if the
motor carrier begins operation of the
vehicle after June 30 and has not previously paid a fee under this
subsection for that vehicle. After payment of the $100.00 annual
fee for an intrastate motor vehicle, or the $50.00 fee paid for a
vehicle operated after June 30, or the $50.00 fee paid for a
vehicle used for the transportation of household goods if a motor
carrier seeks to begin operating a self-propelled intrastate motor
vehicle in place of another motor vehicle not leased to the motor
carrier by an owner operator for which a fee was paid and
surrenders the identification allocated to the motor vehicle by the
commission, accompanied by a fee of $10.00, the commission shall
issue
a replacement identification. shall
be issued. If the owner
operator replaces a vehicle while it is still leased to the same
motor carrier to whom it was leased when the identification was
issued,
the replacement identification fee shall be is $10.00.
For
each truck or tractor used exclusively for the transportation of
household
goods as defined by the commission, the annual fee shall
be
is $50.00.
(2) The commission shall revoke the intrastate authority of a
UCR carrier that fails to renew its annual UCR registration by
January 1.
(3) (2)
The commission may issue a
temporary 72-hour permit
for the operation of a vehicle subject to rules and conditions of
the commission at a fee of $10.00, which is in place of any other
fee otherwise required under this section. The commission shall
reserve the authority to deny or curtail the use of a temporary
permits
permit authorized by this section.
(4) (3)
A motor carrier shall not operate
any motor vehicle
upon or over the highways of this state, except as otherwise
provided in this act, while any of the fees imposed by this act
remain unpaid.
(4)
Motor carriers subject to this act shall not be required
to
pay the fee on operations of vehicles within the area described
in
section 2(1)(a) of article V.
ARTICLE V
POLICY OF STATE, EXEMPTIONS, LIMITATIONS, GENERAL REGULATIONS AND
PROCEDURE; PENALTIES; MISCELLANEOUS
Sec. 2. (1) Except as provided in section 7 of article IV,
this act does not apply to any of the following:
(a)
A vehicle, other than a vehicle transporting household
goods
or motor vehicles, operated entirely within a city or village
of
this state; or to a motor carrier of property, other than a
motor
carrier of household goods or motor vehicles, whose
operations
may extend a distance of not more than 8 miles beyond
the
boundary of a city or village having a population of less than
500,000,
if the origin and destination of the property being
transported
is within an 8-mile radius of the city or village. The
territory
within the external corporate limits of a city, even
though
it includes and embraces the area of 1 or more separately
organized
and existing cities, shall be considered a single city.
Notwithstanding
any other provision of this subdivision, a
certificate
or permit issued under this act is required for the
operation
of a vehicle of a motor carrier, including a vehicle
transporting
household goods, other than a vehicle exempted under
subdivisions
(b) to (q), in the transportation of property between
a
city having a population of 500,000 or more and a city or village
located
within the commercial zone of a city having a population of
500,000
or more, or between cities or villages within that
commercial
zone. As used in this subdivision, "commercial zone"
means
the area within an 8-mile radius of a city having a
population
of 500,000 or more and includes all cities and villages,
any
part of which are located within that 8-mile radius.
(a) (b)
A vehicle owned or operated by the
this state or the
United States, or by a state or federal corporation, agency, or
instrumentality.
(b) (c)
A vehicle owned or operated by an
incorporated city,
village,
or school district, or by a county or township in the this
state
or by a corporation, agency, or instrumentality of the this
state, for governmental purposes.
(c) (d)
A vehicle used exclusively for
carrying United States
mail.
(d) (e)
A vehicle used for the transportation
of farm
products, including livestock, when transported by a person other
than the owner, from the farm to the market in the raw state, or
used for the transportation of milk from the farm to milk stations,
or
trucks a truck owned by a farmer bearing a farm truck license
issued under section 801(1)(c) of the Michigan vehicle code, 1949
PA 300, MCL 257.801, when being used by the farmer in hauling farm
produce, livestock, or farm equipment, and supplies for other
farmers for remuneration in kind or in labor, but not for money.
(e) (f)
A vehicle used for the
transportation of fruits, eggs,
poultry, fish and seafood, grain, vegetables, seeds, nursery stock,
horticultural
products, and or sugar beets. This subdivision shall
does not exempt a vehicle transporting the commodities described in
this subdivision in other than the raw state.
(f) (g)
A vehicle used for occasional
accommodative service
including
of seasonal transportation of perishable commodities
even
though the cost of the accommodative service and seasonal
transportation of perishable commodities may be paid by the person
accommodated.
(g) (h)
A dump truck having not more than 4
axles or any dump
vehicle moving directly to and from a public highway, airport, or
railroad or bridge construction site, when used for the
transportation of sand, gravel, slag, stone, limestone, crushed
stone, marl, pebbles, cinders, bituminous aggregates, asphalt,
blacktop, dirt, or fill material, or any dump vehicle transporting
commodities generally transported in the dump vehicle operating
within an 8-mile radius of a city having a population of 500,000 or
more and including all other cities or villages, any part of which
is located within the 8-mile radius.
(h) (i) A vehicle used for the transportation of pulpwood,
logs, wood chips, bark, and sawdust when the vehicle is being used
to move the commodities from a forest, woodlot, cutting site,
sawmill, or chipping site to a market or railroad siding of not
more than a 140-mile radius from the place where the vehicle is
loaded.
(i) (j)
A vehicle having a manufacturer's
rating of not more
than 1-1/2 tons capacity or the equivalent gross vehicle weight
rating used for the transportation of newspapers.
(j) (k)
A vehicle used in the
transportation of livestock,
poultry
feed, chemicals, pesticides, and or fertilizers on
movements directly to a farm for use in agricultural production.
(k) (l) A
vehicle used for the transportation of property for
compensation provided by a person who is a member of a corporate
family for other members of the corporate family, if all of the
following conditions are met:
(i) The parent corporation notifies the commission annually of
its intent or the intent of 1 of its subsidiaries to provide the
transportation.
(ii) The notice described in subparagraph (i) contains a list of
participating subsidiaries and an affidavit that the parent
corporation owns directly or indirectly a 100% interest in each of
the subsidiaries.
(iii) The notice described in subparagraph (i) is accompanied by
a fee of $100.00.
(iv) The commission publishes the notice described in
subparagraph
(i) in
the biweekly bulletin.
(iv) (v) A copy
of the notice described in subparagraph (i) is
carried in the cab of all vehicles conducting the transportation.
(l) (m)
A vehicle transporting animal and
poultry feed or feed
ingredients to sites of agricultural production or to a business
enterprise engaged in the sale to agricultural producers of goods
used in agricultural production.
(m) (n)
A vehicle transporting recyclable
materials to or from
a
resource recovery facility. The terms As used in this
subdivision, "recyclable materials" and "resource recovery
facility"
have the meanings attributed to these mean those terms as
defined in part 115 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.11501 to 324.11550, except
that the term recyclable materials does not include industrial
scrap
metal. This subdivision shall does
not be construed to exempt
from
this act a vehicle transporting new
products from this act.
(n) (o)
A vehicle transporting property
for, or on behalf of,
a nonprofit charitable institution or for a house of public
worship.
(2)
As used in subsection (1)(l), (1)(k), "corporate
family"
means a group of corporations consisting of a parent corporation
and all subsidiaries in which the parent corporation owns directly
or indirectly a 100% interest.
(3)
None of the The exemptions in this section ,
where
applicable,
do not apply to a vehicle entering this state from
another state, foreign country, or subdivision of a state or
foreign country that does not extend similar exemptions to vehicles
from this state entering the state, foreign country, or subdivision
of the state or foreign country.
Sec.
5. No Except as otherwise
provided in this section, a
certificate
and no permit issued under the terms of this act shall
be
construed to be is not a franchise nor to be and is not
irrevocable,
and no such certificate and no such permit shall not
be assigned or otherwise transferred without the approval of the
commission. :
Provided, however, That upon Upon
the death or
bankruptcy
of any an individual holding a currently valid
certificate, or
permit, the commission shall
authorize the transfer
of
said the certificate or permit to the legal
representative of
such
person that individual upon due proof of such his or her death
or
bankruptcy and upon due proof of the qualifications of such the
legal
representative to act in such the
matter. Nothing contained
herein
shall This section does not abrogate the provisions of
sections
10, 14 and 18 of this article, nor section 13 of article 2
of
this act, nor II, or section 11 of article 3 of this act.III.
Sec.
6. (1) The commission shall prescribe the forms of
applications for certificates and permits, and promulgate rules
pertaining
to regarding the contents and filing of applicants, and
is
empowered to administer and enforce all provisions of this act,
and to establish and enforce rules affecting the operations of all
motor
carriers subjected subject
to the provisions of this act
affecting their use of the highways, and affecting the conduct of
investigations
and hearings authorized in this act, and also in
with
respect of to all
matters pertaining to the proper enforcement
of
all provisions and purposes of this act. The rules shall be
promulgated
and become effective only pursuant to and in compliance
with
Act No. 306 of the Public Acts of 1969, as amended, being
sections
24.201 to 24.315 of the Michigan Compiled Laws. under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328. The rules may be rescinded, suspended, modified, and
amended
at any time in the discretion of the commission and in
accordance
with Act No. 306 of the Public Acts of 1969, as amended,
as provided in the administrative procedures act of 1969, 1969 PA
306, MCL 24.201 to 24.328, to effectuate the purposes of this act.
All
rules promulgated by the commission shall be given and shall
have the force and effect of law.
(2)
The commission shall provide for the issuance of a
bulletin
of notices of hearings, applications, and notices of the
transfer
of permits or certificates, the filing with it of rates,
fares,
and charges and any other matters relating to its powers and
duties
regulating transportation. The bulletin shall be issued
biweekly
and mailed to each holder of an intrastate motor carrier
authority
from the commission. The mailing of the bulletin to the
motor
carrier at its registered place of business is to constitute
official
notice to the motor carrier of the applications, hearings,
transfer
of certificates or permits, and other official business of
the
commission as appears in the bulletin, and no other notice
thereof
need be given the motor carriers except as is otherwise in
this
act expressly required. The bulletin shall be furnished and
mailed
to the public upon payment by anyone subscribing for the
bulletin
of an annual fee to be fixed by the commission with due
regard
to cost and the interest of the public in its activities.
Sec. 6a. (1) This section applies to all matters before the
commission for which the commission has jurisdiction under article
II.
III.
(2)
A change motor carrier of
household goods shall not be
made
in change any general rate nor shall a or change
be made in
any rate, fare, charge, or classification, or any rule or practice
affecting the rate, fare, charge, or classification, or the value
of the service thereunder, specified in any effective tariff of any
motor
carrier for hire, except for unless
it has given 30 days'
notice, or 45 days' notice in a general rate increase or reduction,
to
the commission and to the public, filed and posted in accordance
with
as provided in section 6 of article II III except
that changes
in rates, fares, charges, or classifications or the value of
service
thereunder made pursuant to under
section 7a of article II
III shall be made on 10 days' notice. The notice shall plainly
state the change proposed to be made and the time when the change
will
take effect. The commission may, in its discretion , and after
good cause shown, allow changes upon less time than the notice
specified in this subsection or modify the requirements in this
section
in respect to regarding publishing, posting, and filing of
tariffs, either in particular instances or by general order
applicable to special or peculiar circumstances or conditions.
(3) Upon the filing with the commission by any motor carrier
for
hire of household goods of any tariff or supplement showing any
a
change in rates, fares, charges, or
classification, or any a rule
or practice affecting the rate, fare, charge, or classification, or
the value of the service thereunder, the commission, upon notice to
the motor carrier of household goods, may postpone the date when
the
new rate, fare, charge, classification, rule, or practice shall
become
becomes effective to a time not to exceed 60 days to give
the commission opportunity to investigate the reasonableness of the
proposed rate, fare, charge, classification, rule, or practice. The
commission may proceed with an investigation upon at least 10 days'
notice to the motor carrier of household goods as to the
reasonableness of the rate, fare, charge, classification, rule, or
practice.
The investigation shall take takes precedence over all
matters of a different nature pending before the commission under
this act.
(4) Except in an emergency satisfactorily shown to the
commission, the commission shall not consider a petition for
suspension
shall not be considered unless the
petition was filed at
least 10 days before the effective date of the proposed change in
rate, charge, fare, classification, rule, or practice. The petition
or order shall be definite and specific and a copy shall be served
upon all motor carriers of household goods affected at the time of
filing or issuance. However, service upon an agent who has issued
and
filed a tariff or schedule in on
behalf of a motor carrier or
carriers
of household goods shall be considered to be due and
sufficient
service upon the motor carrier or carriers. of household
goods. The petition or order must recite the specific facts relied
upon to establish that failure to postpone will work a special
hardship
on the petitioner , that
cannot otherwise be avoided.
(5)
At any a hearing involving a change in a rate, fare,
charge, classification, rule, or practice, the burden of proof
shall
be upon is on the motor
carrier of household goods to show
that the proposed changed rate, fare, charge, classification, rule,
or practice is just and reasonable.
Sec. 6b. (1) This section applies to all matters before the
commission for which the commission has jurisdiction under article
II.
III. If 2 or more motor carriers of household goods desire to
jointly consider and initiate rates, fares, classifications,
divisions,
allowances, charges, or rules, of the motor carriers,
those joint considerations and initiations shall only be conducted
pursuant
to under an agreement which that is
submitted to, and
approved by, the commission under rules promulgated by the
commission. The commission shall by order approve the agreement if
it
finds that it the
agreement conforms with the
requirements of
subsections (2) to (9). The commission shall not eliminate
collective rate-making by application of its authority under this
section.
(2)
The motor Motor carriers who of household goods that are
parties to an agreement approved by the commission under this
section shall submit proposed rates, fares, classifications,
divisions,
allowances, charges, or rules of the motor carriers to
the commission. The proposed rates, fares, classifications,
divisions,
allowances, charges, or rules of the motor carriers
shall
are not be effective unless they are submitted to
the
commission
and are permitted under the provisions of this act and
the rules promulgated under this act.
(3)
Each A conference, bureau, committee, or other
organization
established pursuant to under
an agreement approved by
the
commission under this section shall maintain those its
accounts, records, files, and memoranda and shall submit to the
commission
information and the reports as prescribed by the
commission.
All the accounts, records, files, and memoranda shall
be
are subject to inspection by the commission or its
authorized
representative.
(4)
Each motor carrier which of
household goods that is a
party to an agreement described in this section shall file with the
commission
a verified statement that specifies its name, its
mailing address, and the telephone number of its main office; the
names and addresses of each of its affiliates; the names,
addresses, and affiliates of each of its officers and directors;
and the names, addresses, and affiliates of each person, who
together with an affiliate owning or controlling any debt, equity,
or security interest in it has a value of at least $100.00. As used
in this subsection:
(a) "Affiliate" means a person controlling, controlled by, or
under common control or ownership with another person.
(b) "Ownership" means equity holdings in a business entity of
at least 5%.
(5) A meeting of a conference, bureau, committee, or other
organization
established pursuant to under
an agreement approved by
the
commission under this section which that includes motor
carrier
tariffs, rates, fares, or charges as matters of discussion or
decision shall be open and all persons shall be allowed to attend
meetings.
(6)
Notice of the a meeting described in subsection (5) must
shall be posted at the principal place of business of the
organization and at the commission at least 8 working days before
the
date of the meeting. The notice must shall contain the name of
the organization, its address, its telephone number, a meeting
docket or agenda, and the place, date, and time of the meeting.
(7) Minutes of a meeting described in subsection (5) shall be
kept
by the organization and shall become made available to the
general public and shall be submitted to the commission on or
before
the eighth working day after a the
meeting. Minutes of other
meetings shall be maintained by the organization for 1 year after
the
meeting. Minutes for of a meeting described in subsection (5)
shall contain the date, time, and place of meeting; members
present; members absent; and decisions taken. Votes on rates,
fares, charges, or tariff items shall be recorded. Notice of other
meetings described in subsection (5) shall be sent to the
commission on or before the eighth working day after the meeting
and shall contain the date, time, and place; members present;
members absent; and purpose of meeting.
(8)
The commission shall not approve under this section any an
agreement between or among motor carriers of household goods of
different modes unless the agreement is limited to matters relating
to transportation under joint rates or over through routes.
(9) The commission shall not approve under this section any
agreement
which that establishes a procedure for the determination
of any matter through joint consideration unless it finds that
under
the agreement there is accorded to each party has the
free
and
unrestrained right to take independent action after any a
determination is arrived at through the procedure.
(10) The commission, upon complaint by a shipper or receiver
of freight transported under jointly considered and initiated rates
and charges or by a motor carrier of household goods that is party
to an agreement approved by the commission under this section, may
investigate
and determine whether any an
agreement previously
approved by it under this section has been violated in a manner
contrary to the transportation policy set forth in section 2 of
article I. After investigation, the commission shall, by order,
direct the parties to the agreement to cease and desist from
violations of that agreement and this section if it finds the
action necessary to assure conformity with the transportation
policy.
The effective date of any a
cease and desist order shall be
postponed
for a period which that the commission determines to be
reasonably
necessary to avoid undue hardships. Any A commission
decision
issued after December 28, 1982 which that has terminated a
previously approved agreement for reasons or on terms inconsistent
with this section shall be null and void.
(11)
An The commission shall
not enter an order shall not be
entered
under this section unless
interested parties have been
afforded reasonable notice and opportunity for hearing.
Sec.
7. (1) A motor carrier providing transportation of
household
goods subject to jurisdiction of this act shall issue a
receipt or bill of lading for property it receives for
transportation under this article. That carrier, as well as any
other motor carrier of household goods that delivers the property
and
provides transportation of household goods subject to
jurisdiction
of this act, is liable to the
person entitled to
recover under the receipt or bill of lading. The liability imposed
under this subsection is for the actual loss or injury to the
property caused by the carrier over whose line or route the
property
is transported in Michigan this
state and applies to
property reconsigned or diverted by a tariff under this act.
Failure to issue a receipt or bill of lading does not affect the
liability of the carrier.
(2) A motor carrier of household goods may not provide, by
rule, contract, or otherwise, a period of less than 3 months for
filing a claim against it under this section and a period of less
than 2 years for bringing a civil action against it under this
section. The period for bringing a civil action is computed from
the date the carrier gives a claimant written notice that the
carrier has disallowed any part of the claim specified in the
notice.
(3) For purposes of this subsection, both of the following
apply:
(a)
An offer of compromise shall is
not constitute a
disallowance of any part of the claim unless the carrier, in
writing,
informs the claimant that such the
part of the claim is
disallowed
and provides reasons for such the
disallowance.
(b)
Communications received from a carrier's insurer shall are
not
constitute a disallowance of any part of the claim unless the
insurer, in writing, informs the claimant that the part of the
claim is disallowed, provides reason for the disallowance, and
informs the claimant that the insurer is acting on behalf of the
carrier.
Sec.
8. (1) The commission shall furnish proper a decal and
sufficient
identification cab card for each vehicle that an
intrastate-only
motor carrier of property general
commodities is
authorized to operate or that a motor carrier of household goods is
authorized
to operate for transporting household goods under this
act, in addition to the regular registration or license plates
required by law. A cab card shall be carried in the vehicle for
which it was issued. A decal shall be attached to a conspicuous
location on the vehicle for which it was issued as directed by the
commission.
The commission is authorized to may remove
and take
custody
of any identification a
decal found attached to a motor
vehicle for which it was not issued, or when the holder of the
identification
decal has made or is making unlawful use thereof.of
the decal.
(2) A motor carrier granted intrastate authority under this
act, including a UCR motor carrier operating intrastate, shall
comply with all of the following:
(a) Before commencing service, the name, city, and state of
the motor carrier or the registered logo or emblem of the motor
carrier shall be permanently placed in a conspicuous place on both
sides of all power vehicles in plain letters and in contrasting
colors, with numbers not less than 3 inches in height. A vehicle
that is in compliance with the requirements of the federal motor
carrier safety regulations, 49 CFR parts 390 to 399, is in
compliance with this subdivision.
(b) The letters "MPSC" and the account number of the motor
carrier shall be placed in a conspicuous place on both sides of all
power vehicles in plain letters and in contrasting colors, with
numbers not less than 1.5 inches in height.
(c) Each power vehicle shall be given a separate accounting
number, which shall be placed on both sides of the power vehicle in
a conspicuous place in plain numbers not less than 3 inches in
height and in contrasting colors.
(d) The numbers and letters described in subdivisions (a) to
(c) shall remain on the vehicle only when it is operated under an
active authority issued by the commission.
(e) If a motor carrier permanently removes a vehicle from
operation under an authority issued by the commission, the motor
carrier shall promptly remove the identification letters, numbers,
and decals from the vehicle.
(f) A motor carrier that sells, trades, transfers, or
otherwise disposes of an authority issued by the commission or
whose authority has been denied, revoked, suspended, or temporarily
discontinued shall not use its authority identification letters or
numbers in advertising for its services.
(g) Except as approved by the commission, a motor carrier
shall not operate a self-propelled motor vehicle under a
certificate or permit issued by the commission unless there is an
approved summary of the motor carrier's operating authority. A
motor carrier shall keep the summary described in this subdivision
clean and legible at all times.
(h) A motor carrier shall not operate added equipment until
the identification information described in subsection (1) has been
issued and attached to the vehicle.
Sec.
9. (1) Insurance and bond requirements. The commission
shall
have has full power and authority to make and shall make such
insurance or bond requirements for intrastate-only motor carriers
of
property general
commodities and motor carriers of
household
goods
as it may deem deems necessary adequately to protect the
interests of the public.
(2) A motor carrier subject to this act must demonstrate
compliance with the worker's disability compensation act of 1969,
1969 PA 317, MCL 418.101 to 418.941, and shall demonstrate
compliance to the commission under the following circumstances:
(a) Upon initial application for operating authority under
this act.
(b) Upon request of the commission, if the motor carrier's
worker's compensation insurance has lapsed.
(3) The commission shall work with the worker's compensation
agency to implement the requirements of subsection (2).
Sec.
10. (1) All certificates or permits A certificate granted
to
an intrastate-only motor carriers carrier of property and
general
commodities or a motor carriers
transporting carrier of
household
goods shall be made to terminate as of terminates on
December
31 of the calendar year during which the certificate or
permit
is was issued. All An intrastate-only motor carriers
carrier
of
property and general
commodities or motor carriers transporting
carrier
of household goods shall make
application apply for the
renewal
of their certificates or permits not before its certificate
no
earlier than October 1 and not no later
than December 1 of the
year
in which their its current certificate or permit expires.
Certificate
and permit holders A
certificate holder that does not
making
application apply by December 1 shall be advised by the
commission
and given the opportunity to file their applications on
or
before December 31 on payment of assessed
a penalty of $50.00
per month for each month or partial month that the application is
late. The renewal application shall be accompanied with the
required fees, proof of insurance, and all other things required to
be filed with the commission by law or by the rules and orders of
the commission. If the commission determines that a renewal
application received before December 1 is incomplete, the
commission shall send a notice of noncompliance to the motor
carrier. The commission shall not assess the late fee described in
this subsection against a motor carrier that complies with the
terms of the notice of noncompliance by December 31 of the year in
which the application is required to be made.
(2)
The certificate or permit of any an intrastate-only motor
carrier
of property general
commodities or motor carrier
transporting
of household goods who is delinquent in the providing
required
documents or payment of the earned fees
required by this
act
to be paid at the time of any renewal thereof shall be deemed
of
the certificate shall be canceled and
terminated , on and
after
January 1 of the year for which application should have been made
under
the requirements of this section. Upon expiration, an
intrastate-only
motor carrier of property shall be general
commodities is prohibited from operating any of its vehicles and a
motor
carrier authorized to transport of
household goods shall be
is prohibited from operating any vehicle to transport household
goods or engage in any other service subject to renewal of the
certificate, upon or over the highways of this state. All
privileges
granted under the an expiring certificate or permit
shall
cease.
(3)
In case any applicant for renewal of a certificate or a
permit
fails, otherwise than in the payment of fees, to comply in
all
respects with the law and the rules of the commission in
connection
with the filing of the application for renewal, the
commission
immediately shall give specific written notice of that
failure
to the applicant and shall require in the notice that the
applicant
correct the matter specified within 10 days after the
notice.
Upon the failure of the applicant to make the correction
within
the time, or in case of the failure to accompany the
application
with the required filing fee, the certificate or permit
of
the applicant shall be revoked without any action whatever upon
the
part of the commission.
(3) The commission shall give an applicant whose certificate
was canceled or terminated for failure to renew on January 1 of the
year for which an application should have been made until December
31 to comply with the renewal requirements of subsection (1). Upon
receipt of a properly completed application, fee, proof of
insurance, and a satisfactory safety review, the commission shall
grant a 60-day temporary authority to an intrastate-only motor
carrier of general commodities or a motor carrier of household
goods that applies for renewal of a certificate that has been
expired for less than 1 year. An intrastate-only motor carrier of
general commodities or a motor carrier of household goods that does
not comply with the renewal requirements of this section before
January 1 of the next renewal year for which it should have applied
for renewal shall apply for an original certificate of authority,
and shall pay the fee for an original certificate of authority and
any applicable late fees for the previous year.
(4)
Except as in this section otherwise provided in this
section, the provisions in this act voiding a certificate or
a
permit
for cause shall be are self-executing
and shall do not
require any affirmative act on the part of the commission, and the
commission
is expressly prohibited from extending and shall not
have
any power to extend the privilege
or permit nor to allow the
an intrastate-only motor carrier of general commodities or a motor
carrier of household goods to engage in any operation over the
public
highway. In no case shall the The revocation of any a
certificate
or a permit does not release any a motor carrier from
liability for accrued fees.
(5)
Upon full compliance with the requirements with respect to
of this act for the filing of the application, the commission shall
issue
a certificate or permit shall issue for
the succeeding
calendar year, subject to all the provisions of this act.
(6)
The holder of a certificate or permit under this act may
add equipment at any time, but when adding equipment subject to a
privilege
fee prescribed by this act, the holder shall file an ex
parte
application in the form as required by the commission
requires
and pay for each unit of equipment
added, the fee
prescribed
required in section 2 of article IV. A notice of hearing
on
the application shall not be required and a public hearing shall
not
be held thereon. When If the holder of any a certificate or
permit,
excepting other than a certificate or permit that
authorizes
the transportation of household goods while such those
household goods are being transported, by lease, contract, or any
arrangement other than outright purchase, augments his or her
equipment, the lease, contract, or arrangement shall be in writing
and
of such a character so as to shall
vest in the holder exclusive
possession and control of the vehicle under the lease or
arrangement for the entire term of the lease or arrangement. Any
operation of the vehicle shall be conducted under the exclusive
supervision, direction, and control of the holder.
(7)
A certificated or permitted unit of equipment Using a form
prescribed
by the commission, a certified motor carrier may be
withdrawn
withdraw equipment from service at any time without
refund by surrendering to the commission the identification
allocated
to the unit at the time it was certificated. or
permitted.
Sec. 10a. (1) The lease, contract, or arrangement under which
a holder augments his or her equipment shall specify the period for
which the equipment is to be operated, which shall not be less than
30 days, and shall include a provision that the vehicle has, within
the
immediately preceding 12 months, passed an inspection pursuant
to
the requirements of under the motor carrier safety act, Act No.
181
of the Public Acts of 1963, being sections 480.11 to 480.21 of
the
Michigan Compiled Laws, 1963
PA 181, MCL 480.11 to 480.25, and
49
C.F.R. CFR part 396.
(2) The lease, contract, or arrangement shall specify the
compensation to be paid by the lessee or party to the contract or
arrangement for the rental or use of the equipment.
(3) The lease, contract, or arrangement shall specify the time
and date or the circumstance on which the contract, lease, or other
arrangement begins, and the time or circumstance on which it ends.
(4) The lease, contract, or arrangement shall vest in the
holder of the vehicle exclusive possession and control of the
vehicle for the entire term of the lease, contract, or arrangement.
(5) The lease, contract, or arrangement shall provide that any
operation of the vehicle shall be conducted under the exclusive
supervision, direction, and control of the holder.
(6) The lease, contract, or arrangement shall provide that the
vehicle,
at all times , while
being operated under the lease,
contract,
or arrangement, shall be operated only by persons who are
employees
of the holder. who stand in relation to the holder as
employee
to employer.
(7) The lease, contract, or arrangement shall be in the
manner, form, and further content as the commission requires by
rule. provides.
(8) The lease, contract, or arrangement shall be executed in
quadruplicate, ;
and the original shall be filed with the
commission. One copy shall be retained by the authorized motor
carrier in whose service the equipment is to be operated, 1 copy
shall be retained by the owner of the equipment, and 1 copy shall
be carried on the equipment specified in the lease, contract, or
arrangement during the entire period of the contract, lease, or
other arrangement.
(9)
Nothing in this section shall apply to the interchange
with
other certificated motor common carriers or the multiple
certification
of motor carrier equipment when specific approval and
authority
to interchange the equipment has been or is granted by
the
commission.
(9) (10)
The provisions of subsection (1) shall
do not apply
to
or be and are not required of or between movers of household
goods, when the equipment is used to transport household goods as
defined by the commission.
Sec. 11. (1) The commission may examine all records, books,
accounts,
and files of each a motor carrier to whom a certificate
or
permit has been issued under this
act , having
to do with the
business
of transportation conducted by the motor
carrier. The If
ordered by the commission, the motor carrier shall produce at any
hearing or proceeding before the commission the records, books,
accounts,
and files or other data or information
, by order of the
commission,
shall be produced at any hearing or proceeding before
the
commission for use at the hearing
or proceeding. The A motor
carrier shall preserve the records, books, accounts, and files
shall
be preserved for at least 3 years, except that a motor
carrier
shall preserve delivery receipts, and
delivery records, and
bills
of lading shall be preserved for at least 1 year. The
commission may compel the attendance and testimony of witnesses and
do
all things necessary to carry out and enforce all the provisions
of
this act.
(2)
A Except as otherwise
provided by law, a member of the
commission,
clerk, officer, or employee of the this state shall not
divulge
or make known , in any manner whatsoever not provided by
law,
to any person the operations, style
of work, or any other
information
regarding the operations of carriers a motor carrier
visited or inspected by him or her in the discharge of his or her
official
duties, or to permit any report, books, documents,
accounts, files, or other data examined or inspected by him or her
to
be seen or examined by any person.
, except as provided by law.
The
information as may be obtained under this section shall be and
remain
is inviolate, except for the purposes of carrying out
the
provisions
of this act. , it being It is the express
legislative
intent to permit the use of the information by the commission, but
to prevent its publication in any manner, except when lawfully
presented
in open hearings either before the commission or some a
member
of the commission, or before a court of law. Nothing in this
This section shall be construed to does not apply
to the public
files of the commission pertaining to the application for and the
certificate
or permit of any motor carrier, or to quarterly or
other
reports, which files and reports shall be open to inspection
during
office hours be open to inspection by any motor carrier,
shipper, or consignee.
(3) A person who violates this section is guilty of a
misdemeanor.
Sec. 14. (1) Upon complaint in writing by any person, firm,
corporation, association, mercantile, agricultural or manufacturing
society,
or by any body politic, municipal organization, common
carrier,
or motor carrier, that any of the
a motor common carrier
of household goods' rates, fares, charges, or classifications, or
any
joint rate or rates of any motor common carrier of household
goods
are , in any respect unreasonable or unjustly discriminatory
or otherwise in violation of this act, or that any practice
whatsoever
affecting the transportation of
property by any such a
motor
common carrier or any service in connection therewith with
the
transportation of property is in any
respect unreasonable or
unjustly
discriminatory, or that any service of such a motor
common
carrier of household goods is inadequate, or that this act or any
order, rule, or practice established by the commission applicable
to
the a motor common carrier of household goods, or motor common
carrier
charges filed with the commission
by the a motor common
carrier of household goods, in any respect has been violated or
deviated
from, or is being violated or deviated from by such a
motor
common carrier; or upon a complaint against any a motor
contract
carrier of household goods that this act or any order,
rule, or practice established by the commission applicable to the
motor
contract carrier of
household goods has been violated or
deviated from, or is being violated or deviated from, the
commission shall notify the parties complained of that a complaint
has been made, and shall furnish a copy of the complaint with the
notice, and 20 days after the notice has been given, the commission
may proceed to investigate the complaint as provided in this
section. Only the commission, on its motion, may bring a complaint
against
a contract motor carrier of
household goods for predatory
rates,
practices, or rules pursuant to under section 6(2) 6(1) of
article
III. Before proceeding to make the investigation,
investigating a complaint, the commission shall give the motor
carrier and the complainants at least 10 days' notice of the time
and place when and where the matters will be considered and
determined,
and the parties shall be are
entitled to be heard and
shall have process to enforce the attendance of witnesses. If, upon
investigation
of a motor common carrier
of household goods, any
matters complained of are found to be in violation of this act, the
commission
shall determine and by order fix and order substituted
therefor
the practice, service, or charges as
shall conform and
shall order a substitute practice, service, or charge that conform
to this act and the rules of the commission applicable to the motor
common
carrier of household goods. If upon investigation of a motor
contract
carrier, any matters complained of are found to be in
violation
of this act, the commission shall determine and by order
fix
and order substituted therefor the practice, service, or
minimum
rate as shall conform to this act and the rules of the
commission
applicable to the motor contract carrier. The order
shall
further provide that direct the parties complained of shall
to cease and desist from the violation and conform to the terms of
the
order. The commission shall cause deliver a certified copy of
each
the order to be delivered to the affected parties. affected
thereby,
which The order shall of its own force take effect and
become
operative 20 days after the service. of the order. All
motor
common
carriers of household goods to which the order applies
shall, on
or before the date when the order becomes effective, make
changes
in schedules on file as shall be necessary to make the same
and make changes in their practices, services, or minimum rates as
necessary
to conform to the order. All motor
contract carriers to
which
the order applies shall, on or before the date the order
becomes
effective, conform their practice, service, or minimum rate
to
the order. Certified copies of all
other orders of the
commission shall be delivered to the parties affected in like
manner , and, unless otherwise prescribed in this act, shall
take
effect
within at the time thereafter as the commission prescribes.
(2)
When If the commission believes that any provision in this
act
or any rule or order of the commission made in pursuance of
under this act
, has been or is being violated, or that any charges
have been made or collected or service performed in violation
thereof
of this act or any rule or
order of the commission made
under
this act, and that an investigation
relating thereto, to the
violation should be made, the commission may on its own motion or
on the application of anyone investigate the suspected violation.
Before making the investigation, the commission shall present to
the parties alleged to be guilty of the violations a written
statement
in writing setting forth the matters to be investigated.
Thereafter,
After the commission has
presented the written
statement described in this subsection, on 10 days' notice to the
parties of the time and place of the investigation, the commission
may
proceed to investigate the matters complained of and enter
orders
in the same manner, and make like
orders, as if the
investigation
had been made upon complaint. provided
for an
investigation upon complaint under subsection (1). An
investigation,
inquiry, or hearing which that
the commission has
power to undertake or to hold may be undertaken or held by or
before
any commissioner or any employee of the commission when so
directed by the commission or its chairperson. The commissioner or
employee shall submit findings of fact and conclusions of law to
the commission. If the findings of fact and conclusions of law are
approved and confirmed by the commission and ordered filed in its
office, they shall be the decision and the order of the commission.
All investigations, inquiries, or hearings of a commissioner or an
employee are considered as the investigation, inquiry, and hearing
of the commission.
Sec.
14a. (1) A motor common carrier may not commence
operations
under permanent authority granted to it by the
commission
for 20 days after issuance of the order, nor before a
certificate
has been issued.
(2)
A motor contract carrier may
not commence operations under
permanent
authority granted to it by the commission before a permit
certificate has been issued.
Sec. 18. (1) The commission may, upon application of any
person or any motor carrier, or upon its own motion, and upon at
least
10 days' notice to served
personally, by mail, or
electronically
on the affected parties, affected
thereby, for good
cause , and after an opportunity to be heard, show compliance with
the requirements of this act regarding a certificate of authority,
revoke, suspend, alter, amend, or modify any of its findings or
orders.
However, a The commission
may revoke a certificate or
permit
shall only be amended, altered,
modified, revoked, or
suspended
after like notice and opportunity
to be heard and upon
clear proof of good, just, and sufficient cause. A suspension of a
finding or order under this subsection remains in effect until the
motor carrier complies with the requirements of this act or the
commission moves to revoke the motor carrier's certificate. In
addition,
beginning January 1, 1989, a person or motor carrier may
also
be subject to an assessment of assessed an amount not to
exceed $500.00 for each violation of this act, a rule promulgated
or an order issued under this act, or a term or condition of a
certificate
or permit.of authority.
(2)
The commission may grant rehearings a rehearing in all
proceedings
a proceeding before it upon petition filed within the
time allowed by law to bring proceedings for review. All orders
entered
pursuant to under this section shall be served and take
effect as provided in this act for original orders, and the time
allowed by law to bring proceedings to review any order of the
commission shall continue after the order denying the hearing or
after the order made upon a rehearing. The commission shall keep a
docket of all causes and proceedings under this act and, upon
request ,
upon and payment of a reasonable fee, shall furnish any
interested
party fair copies of any an
application, answer,
petition, motion, order, finding, certificate, or permit on file
with, or made or issued by it in any proceeding.
(3)
The assessments collected pursuant to under this section
shall be deposited in the truck safety fund established in section
25 of 1951 PA 51, MCL 247.675.
(4)
This chapter shall be is applicable and uniform throughout
this state and in all political subdivisions and local units of
government in this state. A local unit of government shall not
adopt, enact, or enforce a local law that is in conflict with this
act.
(5) A local law or a portion of a local law that imposes a
criminal penalty for an act or omission that is a civil infraction
under this act, or that imposes a criminal penalty or civil
sanction in excess of that prescribed in this act, is in conflict
with this act and is void to the extent of the conflict.
(6) Except for a case in which the citation is dismissed
pursuant
to under subsection (7), proceeds of a civil fine imposed
by a local unit of government for violation of a local law
regulating the operation of for-hire motor vehicles and
corresponding to this act shall be paid to the county treasurer and
shall
be allocated as follows:
(a) Seventy percent to the local unit of government in which
the citation is issued.
(b) Thirty percent for library purposes as provided by law.
(7) The owner or operator of a commercial motor vehicle shall
not be issued more than 1 citation for each violation of a code or
ordinance regulating the operation of a commercial motor vehicle
and substantially corresponding to a provision of sections 683 to
725a of the Michigan vehicle code, 1949 PA 300, MCL 257.683 to
257.725a, within a 24-hour period. If the owner or operator of a
commercial motor vehicle is issued a citation for an equipment
violation that does not result in the vehicle being placed out of
service, the court shall dismiss the citation if the owner or
operator of that commercial motor vehicle provides written proof to
the court within 14 days after the citation is issued showing that
the defective equipment indicated in the citation has been
repaired.
(8) In order to be classified as a motor carrier enforcement
officer, a police officer must have training equal to the minimum
training requirements, including any annual training updates,
established by the department of state police for an officer of the
motor carrier division of the department of state police. A police
officer who has received training equal to these minimum training
requirements before the effective date of this section is
considered a motor carrier enforcement officer for purposes of this
act.
(9) As used in this section:
(a)
"Local law" includes means
a local charter provision,
ordinance, rule, or regulation.
(b) "Out of service" means that process established under the
motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to
480.22.480.25.
ARTICLE VI
Sec.
2. Upon No later than 60
days after receiving a request
of
from the commission, the department of state police shall
complete a review of the operation of an intrastate motor carrier
to determine whether the carrier is in compliance with applicable
safety related laws and rules and issue a report within 60 days
after completion of its review to the commission.
Enacting section 1. Section 5 of article I, sections 4, 6, 7,
7a, 7b, 7c, and 11 of article II, section 5a of article III,
section 1a of article IV, section 4 of article V, and section 3 of
article VI of the motor carrier act, 1933 PA 254, MCL 475.5, 476.4,
476.6, 476.7, 476.7a, 476.7b, 476.7c, 476.11, 477.5a, 478.1a,
479.4, and 479.43, are repealed.
Enacting section 2. This amendatory act takes effect April 1,
2015.