Act No. 5

Public Acts of 2020

Approved by the Governor

January 24, 2020

Filed with the Secretary of State

January 27, 2020

EFFECTIVE DATE:  January 27, 2020

state of michigan

100th Legislature

Regular session of 2020

Introduced by Senator Zorn

ENROLLED SENATE BILL No. 309

AN ACT to amend 1933 PA 254, entitled “An act to promote safety upon the public highways of 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 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 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 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 the public service commission; to provide for appeals from the orders of 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 motor carriers and the disposition of those fees and taxes; to provide for the enforcement of this act; and to prescribe penalties for its violations,” by amending sections 2 and 8 of article IV (MCL 478.2 and 478.8), section 2 of article IV as amended by 2014 PA 493 and section 8 of article IV as added by 1988 PA 369.

The People of the State of Michigan enact:

ARTICLE IV

 

FEES

 

Sec. 2. (1) In addition to the license fees or taxes otherwise imposed upon motor carriers, the commission shall assess against and 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. 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 is $10.00. For each truck or tractor used exclusively for the transportation of household goods as defined by the commission or a vehicle used for intrastate nonconsensual towing operations by a UCR motor carrier subject to the requirements of section 4305 of the federal unified carrier registration act of 2005, 49 USC 14504a, the annual fee 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) 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 permit authorized by this section.

(4) 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.

 

Sec. 8. The increase in the annual fee from $50.00 to $100.00 in section 2 of this article provided by 1988 PA 347 for a motor carrier licensed in this state and the new registration procedure instituted in section 7 of this article by 1988 PA 347 shall take effect January 1, 1990.

 

This act is ordered to take immediate effect.

 

Secretary of the Senate

Clerk of the House of Representatives

Approved___________________________________________

____________________________________________________

Governor