Bill Text: MI HB5762 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Transportation; carriers; issuing citations to a commercial vehicle operator for identical violation more than once in a 24-hour period; prohibit, and modify allocation of citation funds. Amends sec. 11 of 1963 PA 181 (MCL 480.21).
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2012-07-18 - Printed Bill Filed 06/15/2012 [HB5762 Detail]
Download: Michigan-2011-HB5762-Introduced.html
HOUSE BILL No. 5762
June 14, 2012, Introduced by Reps. MacMaster, Agema, McMillin, Yonker, Horn, Rendon, Goike, Forlini and Bumstead and referred to the Committee on Transportation.
A bill to amend 1963 PA 181, entitled
"Motor carrier safety act of 1963,"
by amending section 11 (MCL 480.21), as amended by 2005 PA 177.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. (1) A township, city, village, county, or another
state agency shall not adopt or enforce an ordinance or resolution
that is inconsistent with this act or any rule promulgated pursuant
to
this act. As used in this section, subsection, "inconsistent"
means a rule or ordinance that is more permissive than this act,
that is more restrictive than this act, that would require more
action, equipment, or permits than this act would require, or that
prevents or obstructs compliance with this act.
(2) The fine for operating a vehicle with a serious safety
defect ordered to be paid under an ordinance or resolution adopted
by a township, city, village, or county that is consistent with
section 7b shall be paid to the county treasurer and shall be
allocated as follows:
(a)
Seventy percent to the township, city, village, or county
in
which the citation is issued.Michigan
transportation fund
created under 1951 PA 51, MCL 247.651 to 247.675.
(b) Thirty percent for library purposes as provided by law.
(3) Subsection (2) does not apply to a fine ordered to be paid
for a case in which the citation is dismissed pursuant to
subsection
(4).(5).
(4) The owner or operator of a commercial motor vehicle shall
not be issued more than 1 citation within a 24-hour period by a
township, city, village, county, or other agency, or any
combination of townships, cities, villages, counties, or other
agencies, for each violation of a code or ordinance regulating the
operation of a commercial motor vehicle and substantially
corresponding to a provision of sections 683 to 725a of the
Michigan
vehicle code, 1949 PA 300, MCL 257.683 to 257.725a. ,
within
a 24-hour period.
(5) If the owner or operator of a commercial motor vehicle is
issued a citation by a township, city, village, or county for an
equipment violation that does not result in the vehicle being
placed out of service, the court shall dismiss the citation if the
owner or operator of that commercial motor vehicle provides written
proof to the court within 14 days after the citation is issued
showing that the defective equipment indicated in the citation has
been repaired. A citation for an equipment violation shall include
a written notification of the 14-day period provided for in this
subsection.
(6) (5)
In order to be classified as a
motor carrier
enforcement officer, a police officer must have training equal to
the minimum training requirements, including any annual training
updates, established by the department of state police for an
officer of the motor carrier division of the department of state
police. A police officer who has received training equal to these
minimum
training requirements before the effective date of this
section
May 15, 2000 is considered a motor carrier enforcement
officer for purposes of this act.
