Bill Text: MI SB0672 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Transportation; carriers; motor carrier safety act; remove exemption for certain motor buses. Amends sec. 5 of 1963 PA 181 (MCL 480.15).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-09-05 - Assigned Pa 0213'18 With Immediate Effect [SB0672 Detail]
Download: Michigan-2017-SB0672-Engrossed.html
SB-0672, As Passed House, June 12, 2018
SENATE BILL No. 672
November 29, 2017, Introduced by Senator PAVLOV and referred to the Committee on Transportation.
A bill to amend 1963 PA 181, entitled
"Motor carrier safety act of 1963,"
by amending section 5 (MCL 480.15), as amended by 2017 PA 116.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) In the case of intrastate transportation, the
provisions of 49 CFR 391.21 relating to application for employment,
49 CFR 391.23 relating to investigations and inquiries, 49 CFR
391.31 relating to road tests, 49 CFR part 395 relating to hours of
service, 49 CFR 383.71 and 391.41 to 391.45, to the extent that
they require a driver to be medically qualified or examined and to
have a medical examiner's certificate on his or her person, and the
provisions of this act relating to files and records do not apply
to a farm vehicle driver as defined in 49 CFR 390.5.
(2)
For intrastate transportation, the provisions of this act
do
does not apply to a self-propelled implement of husbandry
or an
implement of husbandry being drawn by a farm tractor or another
implement of husbandry.
(3) The provisions of this act related to driver
qualifications do not apply to an employee of a public utility,
telephone, or cable television company service if the employee is
not otherwise being used as a regularly employed driver and is not
operating a vehicle that meets the definition of a commercial motor
vehicle in 49 CFR part 383.
(4) This act and the rules promulgated under this act do not
apply to a commercial motor vehicle owned and operated by a unit of
government or its employees, except as otherwise provided by this
act, and except for 49 CFR 383.71(h) and all of 49 CFR parts 382,
391, 392, and 393. Notwithstanding any other provision of this
subsection, the provisions of 49 CFR 391.41 to 391.49 do not apply
to a firefighter operating a commercial motor vehicle that is
necessary to firefighting or the preservation of life or property,
or the execution of an emergency governmental function of a local
unit of government or government authority.
(5) A combination of vehicles with an actual combination gross
vehicle weight or a gross combination weight rating of 26,000
pounds or less, if the trailer or semitrailer has an actual gross
vehicle weight or gross vehicle weight rating of 15,000 pounds or
less, may be equipped with surge brakes for intrastate operation as
allowed by section 705(1)(c) of the Michigan vehicle code, 1949 PA
300, MCL 257.705. Vehicles of any size that are transporting
hazardous materials in an amount that requires placarding or
vehicles that are designed to transport more than 8 passengers,
including the driver, shall not be equipped with surge brakes for
intrastate operation.
(6) Except for the purpose of granting a waiver in accordance
with section 53 of the pupil transportation act, 1990 PA 187, MCL
257.1853, this act and the rules promulgated under this act do not
apply to a school bus as defined in section 7 of the pupil
transportation act, 1990 PA 187, MCL 257.1807.
(7)
Except for section 6, this act and the rules promulgated
under
this act do not apply to a motor bus as defined in, and for
which
a certificate of authority was issued under, the motor bus
transportation
act, 1982 PA 432, MCL 474.101 to 474.141.
(7) (8)
A motor carrier operating entirely
in intrastate
commerce solely within this state shall not permit or require an
operator of a commercial motor vehicle engaged in seasonal
construction-related activities, regardless of the number of motor
carriers using the operator's services, to do either of the
following:
(a) Operate for any period after having been on duty 70 hours
in any 7 consecutive days or having been on duty 80 hours in any
period of 8 consecutive days.
(b) Operate more than 12 hours or be on duty more than 16
hours in any day.
(8) (9)
As used in this section:
(a) "Farm tractor" means that term as defined in section 16 of
the Michigan vehicle code, 1949 PA 300, MCL 257.16.
(b) "Implement of husbandry" means that term as defined in
section 21 of the Michigan vehicle code, 1949 PA 300, MCL 257.21.
(c) "Public utility" means a person that operates equipment or
facilities for producing, generating, transmitting, delivering, or
furnishing gas or electricity for the production of light, heat, or
power for the public for compensation.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
