Act No. 178

Public Acts of 2005

Approved by the Governor

October 20, 2005

Filed with the Secretary of State

October 20, 2005

EFFECTIVE DATE: October 20, 2005

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2005

Introduced by Reps. LaJoy, Moore, Wenke, Nitz, Casperson, Gosselin, David Law, Pavlov, Anderson and Pearce

ENROLLED HOUSE BILL No. 4857

AN ACT to amend 1982 PA 432, entitled "An act to regulate persons who transport passengers by motor bus; to prescribe powers and duties for the state transportation department; to impose certain fees; and to impose penalties," 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 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 title49 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 CFR part 356, part 365, part374, 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) House Bill No. 4852.

(b) House Bill No. 4858.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor