Bill Text: MI SB0561 | 2011-2012 | 96th Legislature | Engrossed

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Bill Title: Transportation; limousines; authority to license; limit to transportation department and department of state and repeal provision allowing safety inspection by local units of government. Amends secs. 5, 7, 13 & 15 of 1990 PA 271 (MCL 257.1905 et seq.) & repeals secs. 1914 & 1923 of 1990 PA 271 (MCL 257.1914 & 257.1923).

Spectrum: Partisan Bill (Republican 7-0)

Status: (Engrossed - Dead) 2011-10-13 - Referred To Committee On Transportation [SB0561 Detail]

Download: Michigan-2011-SB0561-Engrossed.html

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SB-0561, As Passed Senate, October 13, 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 561

 

 

July 13, 2011, Introduced by Senators BRANDENBURG, ROCCA, ROBERTSON, CASWELL, JONES, NOFS and MARLEAU and referred to the Committee on Transportation.

 

 

 

     A bill to amend 1990 PA 271, entitled

 

"Limousine transportation act,"

 

by amending sections 5, 7, 13, and 15 (MCL 257.1905, 257.1907,

 

257.1913, and 257.1915), section 7 as amended by 2000 PA 487; and

 

to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5. (1) This act shall does not apply to a limo carrier of

 

passengers that is any of the following:

 

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

 

or other authority incorporated under Act No. 55 of the Public Acts

 

of 1963, being sections 124.351 to 124.359 of the Michigan Compiled

 

Laws.1963 PA 55, MCL 124.351 to 124.359.

 

     (b) An authority incorporated under the metropolitan

 

transportation authorities act of 1967, Act No. 204 of the Public

 

Acts of 1967, being sections 124.401 to 124.426 of the Michigan

 

Compiled Laws, 1967 PA 204, MCL 124.401 to 124.426, or that

 

operates a transportation service pursuant to an interlocal

 

agreement under the urban cooperation act of 1967, Act No. 7 of the

 

Public Acts of the Extra Session of 1967, being sections 124.501 to

 

124.512 of the Michigan Compiled Laws.1967 (Ex Sess) PA 7, MCL

 

124.501 to 124.512.

 

     (c) Operating under a contract entered into pursuant to Act

 

No. 8 of the Public Acts of the Extra Session of 1967, being

 

sections 124.531 to 124.536 of the Michigan Compiled Laws, or Act

 

No. 35 of the Public Acts of 1951, being sections 124.1 to 124.13

 

of the Michigan Compiled Laws.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, Act No. 196 of the Public Acts of 1986, being

 

sections 124.451 to 124.479 of the Michigan Compiled Laws, 1986 PA

 

196, MCL 124.451 to 124.479, or a nonprofit corporation organized

 

under the nonprofit corporation act, Act No. 162 of the Public Acts

 

of 1982, being sections 450.2101 to 450.3192 of the Michigan

 

Compiled Laws, 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, Act No.

 

94 of the Public Acts of 1933, being sections 141.101 to 141.140 of

 

the Michigan Compiled Laws.1933 PA 94, MCL 141.101 to 141.140.

 

     (f) Only operating limousines to provide the transportation of

 

passengers for funerals.

 

     (g) Only operating wholly within the boundaries of a local

 

unit of government if the local unit of government has its own

 

safety inspection and insurance requirements.

 

     (2) A limo carrier of passengers exempt under subsection (1)

 

shall operate under the requirements of this act when operating

 

outside of the political subdivisions permitted by the authorizing

 

statute or the contract required by the authorizing statute.

 

     (3) This act shall not apply to a limo carrier of passengers

 

who is only providing transportation using metered vehicles

 

identified as a taxi or taxicab with a maximum seating capacity of

 

3 to 9 passengers or less, fewer, including the driver.

 

     Sec. 7. (1) A limo carrier of passengers shall not operate a

 

limousine for the transportation of persons for hire on a public

 

highway in this state except in accordance with this act. A limo

 

carrier of passengers that operates class B limousines for the

 

purpose of picking up passengers within a city with a population of

 

750,000 or more shall also comply with the vehicle for hire

 

ordinance of that city with respect to those limousines. However, a

 

limo carrier of passengers may remain in the city during a given

 

trip for the sole purpose of picking up the same passengers that

 

the limo carrier of passengers originally brought into the city on

 

that trip. A limo carrier of passengers shall not operate upon a

 

public highway without first having obtained from the department a

 

certificate of authority. A certificate of authority may be

 

obtained for operation of either class A limousines or class B

 

limousines or both.

 

     (2) The amendatory act that added this subsection takes effect

 

30 days after a city with a population of 750,000 or more makes

 

available bonds for class B limousines. The total number of class B

 

limousine bonds shall be determined by the city. However, for the

 

first 90 days the number of bonds to be made available for class B

 

limousines shall not be less than 100 or more than 200.

 

     (2) The department and the department of state have exclusive

 

authority to license limousines and limo carriers of passengers and

 

to license operators, drivers, and chauffeurs of limousines and

 

limo carriers of passengers. A county, regional authority, city,

 

township, or village or any other local unit of government shall

 

not license limousines or limo carriers of passengers or chauffeurs

 

of limousines or limo carriers of passengers.

 

     (3) A county, city, village, or township shall not adopt a

 

local ordinance to license limousine drivers or limo carriers of

 

passengers within the limits of the county, city, village, or

 

township.

 

     (4) (3) As used in this section:

 

     (a) "Class A limousine" means a limousine with a seating

 

capacity of not less than 7 passengers but not more than 15

 

passengers including the driver.

 

     (b) "Class B limousine" means a limousine with a seating

 

capacity of less fewer than 7 passengers including the driver.

 

     Sec. 13. (1) In determining the fitness, willingness, and

 

ability of an applicant for a certificate of authority to provide

 

transportation service, the department shall consider all of the

 

following before the issuance of the original certificate of

 

authority:

 

     (a) The applicant's safety record.

 

     (b) The Whether the character and condition of each limousine

 

is such that it may be operated safely upon the public highways

 

based on an inspection required pursuant to section 19 and

 

conducted by a mechanic certified under the motor vehicle service

 

and repair act at a motor vehicle repair facility registered under

 

the motor vehicle service and repair act that is designated by the

 

department as an inspection station. or by a county, city, village,

 

or township pursuant to section 14. Any limousine that does not

 

pass the required departmental safety inspection shall not be

 

operated over the public highways of this state.

 

     (c) The applicant's financial ability to provide continuous

 

insurance coverage as required by subsection (2) and to have

 

adequate financial resources in order to pay for damage claims

 

against the applicant.

 

     (2) An applicant shall acquire the following insurance

 

coverage of liability for acts or omissions of the applicant as a

 

limo carrier of passengers:

 

     (a) For limousines with a seating capacity of 1 to 9

 

passengers including the driver, bodily injury and property damage

 

liability insurance with a minimum combined single limit of

 

$1,000,000.00 for all persons injured or for property damage.

 

     (b) For limousines with a seating capacity of 10 to 15

 

passengers including the driver, bodily injury and property damage

 

liability insurance with a minimum combined single limit of

 

$2,000,000.00 for all persons injured or for property damage.

 

     (c) Personal protection insurance and property protection

 

insurance as required by sections 3101 to 3179 of the insurance

 

code of 1956, Act No. 218 of the Public Acts of 1956, being

 

sections 500.3101 to 500.3179 of the Michigan Compiled Laws.1956 PA

 

218, MCL 500.3101 to 500.3179.

 

     (3) A limo carrier of passengers shall maintain the insurance

 

described in this subsection (2) as a condition of maintaining a

 

certificate of authority issued under this act.

 

     (4) (3) An applicant that does not satisfy both subsections

 

(1) and (2) to (3) shall not be issued a certificate of authority

 

to provide transportation service as a limo carrier of passengers

 

under this act.

 

     Sec. 15. (1) The department shall approve or deny an

 

application for a certificate of authority within 90 days after the

 

complete application is filed with the department.

 

     (2) If the department denies an application for a certificate

 

of authority, the department shall notify the applicant in writing

 

of the reason or reasons for the denial, and the applicant shall

 

have 30 days from the date of denial to correct any deficiency and

 

reapply without payment of an additional application fee.

 

     (3) A limo carrier of passengers who has a safety inspection

 

performed under section 14 may receive a certificate of authority

 

by providing the department with a copy of the safety inspection

 

report and meeting the other requirements of section 13.

 

     Enacting section 1. Sections 1914 and 1923 of the limousine

 

transportation act, 1990 PA 271, MCL 257.1914 and 257.1923, are

 

repealed.