Bill Text: MI SB0595 | 2015-2016 | 98th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Traffic control; driver license; examination regarding existence of certain medical conditions affecting applicant's ability to operate safely; revise and clarify. Amends sec. 5 of 1963 PA 181 (MCL 480.15).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-12-30 - Assigned Pa 0452'16 12/30/16 Addenda [SB0595 Detail]

Download: Michigan-2015-SB0595-Engrossed.html

SB-0595, As Passed House, December 13, 2016

SB-0595, As Passed Senate, May 10, 2016

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 595

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1963 PA 181, entitled

 

"Motor carrier safety act of 1963,"

 

by amending section 5 (MCL 480.15), as amended by 2013 PA 263.

 

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 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 an employee of a public utility,

 

telephone, or cable television company service if the employee is

 

not otherwise being used as a regularly employed driver and is not

 

operating a vehicle that meets the definition of a commercial motor

 

vehicle in 49 CFR part 383.

 

     (4) 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.

 

     (5) 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.

 

     (6) 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.

 

     (7) Except for section 6, this act and the rules promulgated

 

under this act do not apply to a motor bus as defined in, 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 motor carrier operating entirely in intrastate commerce

 

solely within this state shall not permit or require 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 this section:

 

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

 

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

 

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

 

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

 

     (c) "Public utility" means a person that operates 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.


     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

feedback