February 8, 2018, Introduced by Reps. Runestad, Lucido, Greimel, Inman, Howell, Vaupel, Reilly, Hornberger, Johnson, Hernandez, Bellino, Ellison, LaGrand, Robinson, Dianda and Howrylak and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1963 PA 181, entitled
"Motor carrier safety act of 1963,"
by amending sections 1a and 14 (MCL 480.11a and 480.24), section 1a
as amended by 2012 PA 231 and section 14 as added by 2005 PA 177.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1a. (1) This state adopts the following provisions of
title 49 of the code of federal regulations on file with the office
of the secretary of state, except where modified by this act:
(a)
Hazardous materials regulations , being under
49 CFR parts
105 through 180 except for the transportation of agricultural
products
for which an exception from the application of 49 CFR
subchapter C of chapter I of subtitle B of title 49 of the code of
federal regulations and 49 CFR part 172, subparts G and H, is
provided under 49 CFR 173.5, is specifically authorized if the
transportation is in compliance with this act and other state law.
(b)
Motor carrier safety regulations , being under
49 CFR
parts 40, 356, 365, 368, 371 through 373, 375, 376, 379, 382, 383,
385, 387, 390 through 393, 395 through 399 including the appendices
of each part, except for the following:
(i) Except as provided in this subparagraph, where the term
"United States department of transportation", "federal motor
carrier safety administration", "federal motor carrier safety
administrator", "director", "bureau of motor carrier safety",
"pipeline and hazardous materials administration", or "associate
administrator for hazardous materials safety" appears, it refers to
the department of state police. If the term is being used for the
purposes of 49 CFR part 397 as it relates to routing and movement
of hazardous materials, it refers to the Michigan state
transportation department.
(ii) Where "interstate" appears, it means intrastate or
interstate, or both, as applicable, except as specifically provided
in this act.
(iii) Where "special agent of the federal motor carrier safety
administration", "administration personnel", or "hazardous
materials enforcement specialist" appears, it either means a peace
officer or an enforcement member of the motor carrier division of
the department of state police.
(iv) Where MCS 63 appears, it means MC 9 and MC 9b.
(v) Where MCS 64 appears, it means UD-70.
(vi) Exempt intracity zones and the regulations applicable to
exempt intracity zones do not apply to this act.
(2) This act does not apply to a bus operated by a public
transit agency operating under any of the following:
(a) A county, city, township, or village as provided by law,
or other authority incorporated under 1963 PA 55, MCL 124.351 to
124.359. Each authority and governmental agency incorporated under
1963 PA 55, MCL 124.351 to 124.359, has the exclusive jurisdiction
to determine its own contemplated routes, hours of service,
estimated transit vehicle miles, costs of public transportation
services, and projected capital improvements or projects within its
service area.
(b) An authority incorporated under the metropolitan
transportation authorities act of 1967, 1967 PA 204, MCL 124.401 to
124.426, or that operates a transportation service under an
interlocal agreement as that term is defined in section 2 of the
urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.502.
(c) A contract entered into under 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, 1986 PA 196, MCL 124.451 to 124.479, or a nonprofit
corporation organized under the nonprofit corporation act, 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, 1933 PA
94, MCL 141.101 to 141.140.
(3) Except as otherwise provided in this subsection,
subsection (1)(b) and sections 5(8) and 6(1) do not apply to a
vehicle that is not a commercial motor vehicle as defined in 49 CFR
383.5 and that is operated in intrastate commerce as defined in 49
CFR 390.5. A vehicle to which subsection (1)(b) does not apply
under this subsection remains subject to 49 CFR parts 391 through
393.
(4) As used in this act:
(a) "Hazardous material vehicle inspection or repair facility"
means a commercial enterprise that performs inspections,
certification, testing, or repairs to commercial motor vehicles
transporting hazardous materials as required by 49 CFR parts 105 to
180 and includes motor carriers that perform the inspections,
certification, testing, or repairs to vehicles owned or leased by
the motor carrier.
(b)
"Medical examiner" means that term as defined under in 49
CFR 390.5.
(c) "State civil infraction" means that term as defined in
section 113 of the revised judicature act of 1961, 1961 PA 236, MCL
600.113.
Sec.
14. (1) A state civil infraction shall be enforced in the
manner provided for enforcement of state civil infractions in
chapter 88 of the revised judicature act of 1961, 1961 PA 236, MCL
600.8801 to 600.8835.
(2)
When a person who is not a resident of this state is
stopped
for a state civil infraction under this act or any rule
under
this act, the police officer making the stop shall take
security
for the nonresident's appearance in court. The person
stopped
may recognize to the officer or to the court for his or her
appearance
by leaving with the officer or court a guaranteed
appearance
certificate or a sum of money not to exceed $100.00.
(3)
If a magistrate is available for an immediate appearance,
upon
demand of the person stopped, the officer immediately shall
take
the nonresident driver before the magistrate to answer to the
state
civil infraction alleged. If the nonresident defendant
requests
a hearing, the hearing shall be scheduled and the
defendant
shall leave with the court the guaranteed appearance
certificate
or deposit as security for appearance at the scheduled
informal
or formal hearing.
(4)
The officer receiving a guaranteed appearance certificate
or
deposit of money shall give a receipt to the person stopped for
the
guaranteed appearance certificate or the money deposited
together
with the written citation.
(5)
At or before the completion of his or her tour of duty, a
police
officer taking a certificate or deposit of money shall
deliver
the certificate or deposit of money and the citation either
to
the court named in the citation or to the police chief or person
authorized
by the police chief to receive certificates or deposits.
The
police chief or person authorized by the police chief shall
deposit
the certificate or the money deposited and the citation
with
the court. Failure to deliver the money deposited shall be
embezzlement
of public money.
(6)
If the person who posts a certificate or deposit fails to
appear
as required in the citation or fails to appear for a
scheduled
informal or formal hearing, the court having jurisdiction
and
venue over the civil infraction shall enter a default judgment
against
the person, and the guaranteed appearance certificate or
money
deposited shall be forfeited and applied to any civil fine or
costs
ordered.
(7)
For purposes of this section, "guaranteed appearance
certificate"
means a card or certificate containing a printed
statement
that a surety company authorized to do business in this
state
guarantees the appearance of the person whose signature
appears
on the card or certificate and that the company, if the
person
fails to appear in court at the time of a scheduled informal
or
formal hearing or to pay any fine or costs imposed, will pay any
fine,
costs, or bond forfeiture imposed on the person in a total
amount
not to exceed $200.00.
(8)
As used in this act, "state civil infraction" means that
term
as defined in section 113(1)(a) of the revised judicature act
of
1961, 1961 PA 236, MCL 600.113.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.