Bill Text: MI HB6525 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Transportation; school vehicles; diabetic testing waiver for new school bus drivers; provide for. Amends sec. 5 of 1963 PA 181 (MCL 480.15).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-10-06 - Printed Bill Filed 09/30/2010 [HB6525 Detail]

Download: Michigan-2009-HB6525-Introduced.html

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HOUSE BILL No. 6525

 

September 29, 2010, Introduced by Rep. Byrnes 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 2006 PA 595.

 

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 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 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 public utility, telephone, and cable

 

television company service employees if those employees are not

 

otherwise being used as a regularly employed driver and are not

 

operating a vehicle that meets the definition of a commercial motor

 

vehicle in 49 CFR part 383.

 

     (4) The requirements of 49 CFR part 395 do not apply to any

 

driver of a public utility service vehicle when being used in cases

 

of emergency. As used in this subsection, "emergency" means any

 

instance of loss of public utility service due to an unforeseen

 

circumstance, a natural disaster, or an act of God. A declaration

 

of emergency by a public official is not required to constitute an

 

emergency under this subsection.

 

     (5) A commercial motor vehicle constructed and maintained so

 

that the body chassis or other parts of the vehicle afford the rear

 

end protection required by 49 CFR 393.86 is in compliance with that

 

section.

 

     (5) (6) 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 all of the following parts of 49 CFR:

 

     (a) Part 382.

 

     (b) Part 391.

 

     (c) Part 392.

 

     (d) Part 393.

 

     (6) (7) A combination of vehicles with an actual combination

 

gross vehicle weight or a gross combination weight rating of 26,000

 

pounds or less, provided 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, are prohibited from being

 

equipped with surge brakes for intrastate operation.

 

     (7) (8) This 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 the pupil

 

transportation act, 1990 PA 187, MCL 257.1801 to 257.1877, or a bus

 

defined and certificated under the motor bus transportation act,

 

1982 PA 432, MCL 474.101 to 474.141.

 

     (8) (9) A motor carrier operating entirely in intrastate

 

commerce solely within Michigan shall not permit or require a

 

driver of a commercial motor vehicle engaged in seasonal

 

construction-related activities, regardless of the number of motor

 

carriers using the driver's services, to do either of the

 

following:

 

     (a) Drive 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) Drive more than 12 hours or be on duty more than 16 hours

 

in any day.

 

     (9) (10) As used in subsections (3) and (4), "public utility"

 

means a person or corporation operating 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.

 

     (10) (11) As used in this section:

 

     (a) "Implement of husbandry" means that term as defined in

 

section 21 of the Michigan vehicle code, 1949 PA 300, MCL 257.21.

 

     (b) "Farm tractor" means that term as defined in section 16 of

 

the Michigan vehicle code, 1949 PA 300, MCL 257.16.