Bill Text: MI SB0726 | 2017-2018 | 99th Legislature | Engrossed

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Bill Title: Transportation; carriers; motor carrier safety act; modify regulations. Amends sec. 1a of 1963 PA 181 (MCL 480.11a).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-05-29 - Referred To Committee On Transportation And Infrastructure [SB0726 Detail]

Download: Michigan-2017-SB0726-Engrossed.html

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SB-0726, As Passed Senate, May 29, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 726

 

 

December 13, 2017, Introduced by Senator CASPERSON and referred to the Committee on Transportation.

 

 

     A bill to amend 1963 PA 181, entitled

 

"Motor carrier safety act of 1963,"

 

by amending section 1a (MCL 480.11a), as amended by 2012 PA 231.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1a. (1) This state adopts the following provisions of

 

title 49 of the code of federal regulations on file with the office

 

of the secretary of state, except where modified by this act:

 

     (a) Hazardous materials regulations, being 49 CFR parts 105

 

through 180 except for the transportation of agricultural products

 

for which an exception from the application of 49 CFR subchapter C

 

and 49 CFR part 172, subparts G and H, is provided under 49 CFR

 

173.5, is specifically authorized if the transportation is in

 

compliance with this act and other state law.

     (b) Motor carrier safety regulations, being 49 CFR parts 40,

 

356, 365, 368, 371 through 373, 375, 376, 379, 382, 383, 385, 387,

 

390 through 393, 395 through 399 including the appendices of each

 

part, except for the following:

 

     (i) Except as provided in this subparagraph, where the term

 

"United States department of transportation", "federal motor

 

carrier safety administration", "federal motor carrier safety

 

administrator", "director", "bureau of motor carrier safety",

 

"pipeline and hazardous materials administration", or "associate

 

administrator for hazardous materials safety" appears, it refers to

 

the department of state police. If the term is being used for the

 

purposes of 49 CFR part 397 as it relates to routing and movement

 

of hazardous materials, it refers to the Michigan state

 

transportation department.

 

     (ii) Where "interstate" appears, it means intrastate or

 

interstate, or both, as applicable, except as specifically provided

 

in this act.

 

     (iii) Where "special agent of the federal motor carrier safety

 

administration", "administration personnel", or "hazardous

 

materials enforcement specialist" appears, it either means a peace

 

officer or an enforcement member of the motor carrier commercial

 

vehicle enforcement division of the department of state police.

 

     (iv) Where MCS 63 appears, it means MC 9 and MC 9b.

 

     (v) Where MCS 64 appears, it means UD-70.

 

     (iv) (vi) Exempt intracity zones and the regulations

 

applicable to exempt intracity zones do not apply to this act.

 

     (2) This act does not apply to a bus operated by a public

transit agency operating under any of the following:

 

     (a) A county, city, township, or village as provided by law,

 

or other authority incorporated under 1963 PA 55, MCL 124.351 to

 

124.359. Each authority and governmental agency incorporated under

 

1963 PA 55, MCL 124.351 to 124.359, has the exclusive jurisdiction

 

to determine its own contemplated routes, hours of service,

 

estimated transit vehicle miles, costs of public transportation

 

services, and projected capital improvements or projects within its

 

service area.

 

     (b) An authority incorporated under the metropolitan

 

transportation authorities act of 1967, 1967 PA 204, MCL 124.401 to

 

124.426, or that operates a transportation service under an

 

interlocal agreement as that term is defined in section 2 of the

 

urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.502.

 

     (c) A contract entered into under 1967 (Ex Sess) PA 8, MCL

 

124.531 to 124.536, or 1951 PA 35, MCL 124.1 to 124.13.

 

     (d) An authority incorporated under the public transportation

 

authority act, 1986 PA 196, MCL 124.451 to 124.479, or a nonprofit

 

corporation organized under the nonprofit corporation act, 1982 PA

 

162, MCL 450.2101 to 450.3192, that provides transportation

 

services.

 

     (e) An authority financing public improvements to

 

transportation systems under the revenue bond act of 1933, 1933 PA

 

94, MCL 141.101 to 141.140.

 

     (3) Except as otherwise provided in this subsection,

 

subsection (1)(b) and sections 5(8) and 6(1) do not apply to a

 

vehicle that is not a commercial motor vehicle as defined in 49 CFR

383.5 and that is operated in intrastate commerce as defined in 49

 

CFR 390.5. A vehicle to which subsection (1)(b) does not apply

 

under this subsection remains subject to 49 CFR parts 391 through

 

393.

 

     (4) As used in this act:

 

     (a) "Hazardous material vehicle inspection or repair facility"

 

means a commercial enterprise that performs inspections,

 

certification, testing, or repairs to commercial motor vehicles

 

transporting hazardous materials as required by 49 CFR parts 105 to

 

180 and includes motor carriers that perform the inspections,

 

certification, testing, or repairs to vehicles owned or leased by

 

the motor carrier.

 

     (b) "Medical examiner" means that term as defined under 49 CFR

 

390.5.

 

     Enacting section 1. This amendatory act updates the reference

 

to title 49 of the code of federal regulations to incorporate by

 

reference the provisions of title 49 of the code of federal

 

regulations as of the effective date of this amendatory act.