Bill Text: MI HB4641 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Transportation; limousines; transportation network company drivers; exempt from obtaining a chauffeur's license and provide minimum levels of insurance coverage for vehicles used by transportation network company drivers. Amends secs. 6 & 7 of 1949 PA 300 (MCL 257.6 & 257.7) & adds secs. 12c, 40c, 43b, 76a, 76b, 76c & 518a.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-12-28 - Assigned Pa 348'16 With Immediate Effect [HB4641 Detail]
Download: Michigan-2015-HB4641-Introduced.html
HOUSE BILL No. 4641
May 26, 2015, Introduced by Rep. Phelps and referred to the Committee on Commerce and Trade.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 6 and 7 (MCL 257.6 and 257.7), section 6 as
amended by 2002 PA 534, and by adding sections 12c, 40c, 43b, 76a,
76b, 76c, and 518a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) Except as otherwise provided in subsection (3),
"chauffeur" means any of the following:
(a)
A person who operates a motor vehicle as a motor common
carrier
of property or a motor contract carrier of property as
defined
in section 1(f) and (h) of under
the motor carrier act,
1933 PA 254, MCL 475.1 to 479.42, or a motor carrier of passengers
as defined in section 3 of the motor bus transportation act, 1982
PA 432, MCL 474.103.
(b) A person who is employed for the principal purpose of
operating a motor vehicle with a GVWR of 10,000 pounds or more.
(c) A person who operates a bus or school bus.
(d) A person who operates a taxi.
(e) A person who operates a limousine as defined by section 3
of the limousine transportation act, 1990 PA 271, MCL 257.1903.
(2) For purposes of subsection (1)(b), a person shall be
considered to be employed for the principal purpose of operating a
motor vehicle when the person's employment customarily involves the
necessary use of a motor vehicle for hire or for transporting
passengers for hire, or for transporting for gain or hire any
merchandise for display, sale, or delivery.
(3) "Chauffeur" does not include any of the following:
(a) A farmer or an employee of a farmer operating a vehicle
exclusively in connection with the farming operations of the
farmer.
(b) A fire fighter or a member of a fire department operating
an ambulance.
(c) Emergency medical services personnel operating an
ambulance. As used in this subdivision, "emergency medical services
personnel" means that term as defined in section 20904 of the
public health code, 1978 PA 368, MCL 333.20904.
(d) State transportation department employees whose work
consists of operating vehicles with a gross vehicle weight rating
of 10,000 pounds or more for the purpose of transporting highway
and bridge maintenance materials and supplies for all aspects of
state trunkline maintenance, including winter maintenance and
facilities maintenance.
(e) County road commission employees and other employees of
local units of government who do not drive their own vehicles and
whose work consists of hauling road building materials and supplies
for the road commission or for other municipal purposes.
(f) A person operating a motor vehicle for a volunteer program
who only receives reimbursement for the costs of operating the
motor vehicle.
(g) A person who operates a motor home for personal pleasure.
(h) A parent or parent's designee for the purpose of
transporting pupils to or from school and school related events.
(i) A transportation network company driver.
Sec. 7. "Commercial vehicle" includes all motor vehicles used
for the transportation of passengers for hire, or constructed or
used
for transportation of goods, wares, or merchandise, and/or and
all
motor vehicles designed and used for drawing other vehicles and
that
are not so constructed as to
carry any a load thereon either
independently
or any part of the weight of a vehicle or load so
being drawn. Commercial vehicle does not include a personal vehicle
operated by a transportation network company driver.
Sec. 12c. "Digital network" means that term as defined in
section 3 of the transportation network company act.
Sec. 40c. "Personal vehicle" means that term as defined in
section 3 of the transportation network company act.
Sec. 43b. "Prearranged ride" means that term as defined in
section 3 of the transportation network company act.
Sec. 76a. "Transportation network company" means that term as
defined in section 3 of the transportation network company act.
Sec. 76b. "Transportation network company driver" means that
term as defined in section 3 of the transportation network company
act.
Sec. 76c. "Transportation network company rider" means that
term as defined in section 3 of the transportation network company
act.
Sec. 518a. (1) All of the following types of automobile
insurance satisfy the financial responsibility requirements of this
chapter:
(a) During the time that a transportation network company
driver is logged on to the transportation network company's digital
network and is available to receive transportation requests but is
not engaged in a prearranged ride, all of the following types of
automobile insurance:
(i) Residual third party automobile liability insurance as
required under chapter 31 of the insurance code of 1956, 1956 PA
218, MCL 500.3101 to 500.3179, in the amount of at least $50,000.00
per person for death or bodily injury, $100,000.00 per incident for
death or bodily injury, and $25,000.00 for property damage.
(ii) Personal protection insurance and property protection
insurance in the amounts and of the types of coverage required by
chapter 31 of the insurance code of 1956, 1956 PA 218, MCL 500.3101
to 500.3179.
(b) During the time that a transportation network company
driver is engaged in a prearranged ride, all of the following types
of automobile insurance:
(i) Residual third party automobile liability insurance with a
minimum combined single limit of $1,000,000.00 for all bodily
injury or property damage.
(ii) Personal protection insurance and property protection
insurance in the amounts and of the types of coverage required by
chapter 31 of the insurance code of 1956, 1956 PA 218, MCL 500.3101
to 500.3179.
(2) This section only applies to automobile insurance obtained
by a transportation network company driver or a transportation
network company.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
