Bill Text: MI SB1154 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Transportation; carriers; mobility policies; eliminate limits on hours of operator time and on-duty periods for commercial motor vehicles engaged in seasonal construction-related activities. Amends sec. 5 of 1963 PA 181 (MCL 480.15).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-05-31 - Referred To Committee On Transportation [SB1154 Detail]

Download: Michigan-2011-SB1154-Introduced.html

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SENATE BILL No. 1154

 

 

May 31, 2012, Introduced by Senators KOWALL and 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 5 (MCL 480.15), as amended by 2011 PA 160.

 

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 concerning 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) 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.

 

     (6) 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.

 

     (7) 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, or a bus defined,

 

and for which a certificate of authority was issued, under the

 

motor bus transportation act, 1982 PA 432, MCL 474.101 to 474.141.

 

     (8) A This act does not restrict the number of consecutive

 

hours of operation that a motor carrier operating entirely in

 

intrastate commerce solely within Michigan shall not may permit or

 

require of 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.

 

     (9) 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) 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.