HB-4857, As Passed House, June 28, 2005

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4857

June 2, 2005, Introduced by Reps. LaJoy, Moore, Wenke, Nitz, Casperson, Gosselin, David Law, Pavlov, Anderson and Pearce and referred to the Committee on Transportation.

 

     A bill to amend 1982 PA 432, entitled

 

"Motor bus transportation act,"

 

by amending section 31 (MCL 474.131), as amended by 2001 PA 129.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 31. This state  hereby  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,

 

to provide for the safe transportation of persons, with the intent

 

of following the policies and procedures of the United States

 

department of transportation as they relate to title 49 of the code

 

of federal regulations and the North American standard inspection

 

uniform driver/vehicle inspection out of service criteria and

 

inspection procedures: Motor carrier safety regulations, being 49

 


C.F.R.  CFR part 356, part 365, part 374, part 382, part 387, parts

 

390 through 393, and parts 395 through 397, including appendices B

 

and G, except for the following:

 

     (a) Where the terms "United States department of

 

transportation", "federal highway administration", "federal highway

 

administrator", "director", "bureau of motor carrier safety",

 

"office of motor carrier safety", and "federal motor carrier safety

 

administration" appear, they shall be construed to refer to the

 

state transportation department.

 

     (b) Where "interstate" appears, it means intrastate or

 

interstate, or both, as applicable, except as otherwise

 

specifically provided in this act.

 

     (c) Where "special agent of the federal highway

 

administration", "special agent of the office of motor carrier

 

safety", "special agent of the federal motor carrier safety

 

administration", or "administration personnel" appears, it shall be

 

construed to mean a peace officer or an enforcement member or a

 

commercial vehicle safety inspector of the state transportation

 

department.

 

     Enacting section 1.  This amendatory act does not take effect

 

unless all of the following bills of the 93rd Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 4852(request no.

 

02888'05).

 

     (b) Senate Bill No.____ or House Bill No. 4858(request no.

 

02889'05).