MOTOR CARRIER REGULATIONS                                    H.B. 5215 (H-1): FLOOR ANALYSIS

 

 

 

 

 

 

 

 

 

 

 

House Bill 5215 (Substitute H-1 as discharged) Sponsor: Representative Eric Bush

House Committee: Transportation

Senate Committee: Transportation and Tourism

 

CONTENT

 

The bill would amend the Motor Carrier Safety Act to do the following:

 

--  Adopt updated Federal regulations concerning hazardous material and motor carrier safety.

--  Rescind rules promulgated by the Department of State Police under the Act.

--  Require a driver transporting hazardous material to be at least 21 years old.

--  Give the Department one year to continue issuing “grandfather rights” cards to drivers driving since June 1984; sunset all cards on December 31, 2014; and provide that grandfather rights would apply only to preexisting conditions.

--  Exempt government-owned vehicles from the Act, except for Federal regulations concerning controlled substances and alcohol use and testing, and driver qualifications.

--  Require the Motor Carrier Division to issue a compliance order if the operation of a commercial motor vehicle posed an unreasonable risk or an imminent hazard to the public safety.

--  Allow the Motor Carrier Division to petition the circuit court for a shut down order if a person failed to comply with a compliance order.

--  Require notice to the Motor Carrier Division of certain hazardous material occurrences.

--  Require various devices on vehicle combinations transporting a combustible liquid.

--  Regulate the transfer of hazardous materials from a tank.

--  Require hazardous materials vehicle inspection and repair facilities to submit documents to motor carrier officers upon demand.

--  Allow motor carrier officers to inspect cargo without a warrant.

--  Delete provisions allowing the Motor Carrier Division to establish and maintain a voluntary motor carrier safety inspection program.

--  Provide that local ordinances could not be inconsistent with the Act.

 

MCL 480.11a et al.                                                                        Legislative Analyst: S. Margules

 

FISCAL IMPACT

 

By bringing the State into compliance with Federal regulations, House Bills 5215 (H-1) and 5216 would protect the State’s receipt of Federal funding.

 

Date Completed: 12-8-95                                                                          Fiscal Analyst: B. Baker

 

 

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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.