VEHICLE WIDTH RESTRICTIONS
Senate Bill 736 as passed by the Senate
Sponsor: Sen. Ron Jelinek
Senate Bill 736 (S-1), as passed the Senate, would amend Section 717 of the Michigan Vehicle Code (Public Act 300 of 1949), a section dealing with the maximum legal width of vehicles used on Michigan highways. The bill would permit trailers and semitrailers with an outside body width of 102 inches on all Michigan highways.
Vehicle Width — Section 257.717 of the Michigan
Vehicle Code states that, "The total outside width of a vehicle or
the load on a vehicle shall not exceed 96 inches, except as otherwise
provided in this section." Section 717 provides a number of exceptions
to the 96-inch standard, including for vehicles hauling concrete pipe,
agricultural products, logs, pulpwood, or wood bolts. In addition, Subsection
717(5) sets a vehicle width limit for buses, trailer coaches, truck campers,
and motor homes of 102 inches. Senate Bill 736 would amend this subsection
(5) to also permit trailers and semitrailers up to 102 inches.
http://www.mileg.org/documents/2003-2004/billenrolled/senate/htm/2003-SNB-0736.htm
VEHICLE LENGTH/WEIGHT RESTRICTIONS
Public Act 420 of 2004 (House Bill 4358)
Sponsor: Rep. Gene DeRossett
Vehicle Length – Public Act 420 amends Section 719 of the Michigan Vehicle Code (PA 300 of 1949) to permit 65 foot truck/trailer combinations on all Michigan highways. Under current law, the "normal length maximum" is 59 feet for truck/trailer combinations; 65 foot truck/trailer combinations are currently permitted only on “designated highways.” (applys only if: each semitrailer or trailer is equipped with a device or system capable of mechanically dumping construction materials or dumping construction materials by force of gravity).
Vehicle weight limit violations – Section 724(3) of the Michigan Vehicle Code indicates that a person who violates the load limits established in Section 722 of the Code is responsible for a civil infraction. The section provides a schedule of civil fines based on the number or pounds the vehicle or axels were in excess of the legal limit
For a vehicle exceeding the total vehicle weight limits,
the court would impose the civil fines under Section 724(3), just as under
current law. However, for a vehicle which exceeded the weight limits for
any axel or axels, but was within the total weight limits, the court would
impose the $250 civil fine under Section 907(3), except where the axel
or axels exceeded the maximum allowable axel weight by more than 4,000
lbs, in which case the court would assess both the fines under Section
724(3) and the $250 fine under Section 907(3).
Weighing procedure – The bill would add new Section 724a which provides that if a vehicle is to be weighed to determine whether the vehicle is in violation of the Michigan Vehicle Code, or rules promulgated under the Code, or local ordinance substantially corresponding to the Code, and the vehicle is equipped with lift axels that have been temporarily raised to allow the vehicle to negotiate an intersection, driveway, or other turn, the vehicle shall be weighed only after the vehicle’s lift axles are fully lowered and are under operational pressure.
The Act includes a definition of "lift axel" to mean "an axel on a vehicle that can be raised or lowered by mechanical means." Read PA 420
A Congressional bill passed on Thursday, Sept. 30, 2004, (providing an eight-month extension to federal highway funding) includes a provision to keep the current hours-of-service (HOS) rules for truck drivers in place for up to one year. The bill, which President Bush signed late on Sept. 30, will keep the existing HOS rules in effect until either the Federal Motor Carrier Safety Administration (FMCSA) issues new rules or Sept. 30, 2005, whichever is earlier. The rules were originally issued on April 28, 2003, and had a compliance deadline of Jan. 4, 2004. Read the official FMCSA Statement
Sponsor: Representative Gene DeRossett
CONTENT
The bill would amend the Michigan Vehicle Code to do the following:
-- Expand the
information that the Secretary of State (SOS) must maintain on an individual's
driving record.
-- Specify conditions under which the SOS could use or disclose a driver's
medical and disability information.
-- Require the SOS to request the driving record of an applicant for a
vehicle group designation or indorsement from all states where he or she
was licensed in the past 10 years.
-- Allow the SOS to deny a nonresident's right to operate a motor vehicle
in Michigan.
-- Require records of convictions of certain violations to be maintained
for the life of the violator, or until he or she moved to another jurisdiction
(rather than for 10 years).
-- Require a person who administered a driving skills test for the SOS
to complete both a State and an FBI fingerprint-based criminal history
check.
-- Expand the offenses for which a commercial driver
license (CDL) must be suspended or revoked; and extend the revocation
period for certain offenses from 10 years to the person's life, with eligibility
for reinstatement after 10 years.
-- Require a school bus driver to obtain an S (school bus) endorsement,
in addition to a P (passenger) indorsement.
-- Provide that a conviction, bond forfeiture,
or civil infraction determination for certain violations committed in
a noncommercial motor vehicle would count against a CDL holder as if he
or she were operating a commercial motor vehicle at the time of the violation.
(Effective October 1, 2005)
-- Require the SOS to suspend the operator's license of a CDL holder for
failing to answer an out-of-state citation, or a notice to appear in court
or an authorized tribunal.
ATA filed a motion with the United States Court of Appeals for the D.C. Circuit Aug. 30 asking it for an indefinite stay of the effective date of its decision overturning the current hours-of-service regulations.
Friday,
July 16, 2004
Contact: Bill MacLeod, (202) 366-5971
STATEMENT OF ANNETTE M. SANDBERG,
ADMINISTRATOR FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION REGARDING A
DECISION BY THE U.S. COURT OF APPREALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
The Department of Transportation and the Federal Motor Carrier Safety
Administration (FMCSA) have received the court’s decision. With
assistance from the Department of Justice, we are currently reviewing
the opinion to determine possible next steps.
Under the court’s rules of procedure, the Department has 45 days to review the decision and decide whether to seek other legal remedies. During that period of time, the current hours of service rule, announced in April, 2003, remains in effect.
FMCSA will advise Federal authorities and State law enforcement partners of their responsibility to continue compliance with the current rule. FMCSA will advise major industry associations to educate motor carriers and drivers of the continued need for HOS compliance.
The Hours of Service rule is important to commercial vehicle safety and is the first major re-write of the HOS rules in more than 60 years.
Questions relating to the litigation should be referred to the Department of Justice. More
DATES: Effective: This rule is effective: July 30, 2004. Compliance: Compliance with this rule is required beginning January 1, 2005.
Public Act 168 of 2004 revises the penalties for the improper transportation of hazardous materials.
Under the old law, a person convicted of violating the federal law and rules that govern the transport of hazardous waste (which is required to be marked or labeled under 49 C.F.R. parts 100 to 180) is guilty of a misdemeanor punishable by imprisonment for not more than one year and/or a fine of not more than $500 for each violation. Further, a person who transports hazardous waste without a hazardous material endorsement on his or her driver license is punished with the same misdemeanor penalty.
Public Act 168l has revised both of these penalties to specify that a violator of each provision would be responsible for a civil infraction and could be ordered to pay a fine of not more than $500.
You may read the entire act online: Public Act 168 of 2004
49 CFR Part 380 Subpart E
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) establishes standards for mandatory training requirements on four specific topics for entry-level operators of commercial motor vehicles (CMVs), who are required to hold or obtain a commercial driver's license (CDL). This action responds to a study mandated by the Intermodal Surface Transportation Efficiency Act of 1991 that found the private sector training of entry-level drivers in the heavy truck, motorcoach, and school bus industries was inadequate. The purpose of this rule is to enhance the safety of CMV operations on our nation's highways. More
SUMMARY: The
Transportation Security Administration (TSA) is issuing this final rule,
which amends its Interim Final Rule (IFR) establishing security threat
assessment standards for commercial drivers authorized
to transport hazardous materials.
TSA is changing the date on
which fingerprint-based background checks must begin
in all States to January 31, 2005. TSA is making this change so that the
States will have enough time to make changes to their existing commercial
driver safety and testing programs to facilitate implementation..MORE
49 CFR Part 380 and 391
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) establishes standards for minimum training requirements for the operators of longer combination vehicles (LCVs) and requirements for the instructors who train these operators.
The rule prohibits motor carriers from allowing drivers to operate an LCV double or triple trailer combinations until they have had the training specified in the rulemaking, even though they have a state-issued commercial driver's license (CDL) with a double/triple trailer endorsement. The rule establishes two types of LCV driver instructors, classroom instructors and skills instructors.
To qualify for the doubles training, drivers will need to show six months' driving experience in vehicles with a gross combination weight rating of 26,001 or more pounds. Motor Carriers may waive driver-training requirements for current LCV commercial motor vehicle drivers who have safe driving records and at least two years of LCV driving experience. MORE
49 CFR Part 390 and 391
SUMMARY: The U.S. Department
of Transportation’s (DOT) Federal Motor Carrier Safety Administration
(FMCSA) amends the Federal Motor Carrier Safety Regulations (FMCSRs) to
specify: The minimum driver safety performance history data that new or
prospective employers are required to seek for applicants under consideration
for employment as a commercial motor vehicle (CMV) driver; where, and
from whom, that information must be sought; and that previous
employers must provide the minimum driver safety performance history information.
This action will enable prospective motor carrier employers to make more
sound hiring decisions of drivers to improve CMV safety on our nation's
highways. More....
USDOT/FMCSA has also added to the internet some basic examples of "correct" interpretation of log pages. They are on the FMCSA website at http://www.fmcsa.dot.gov/HomeFiles/hos/logbook_examples.pdf.
Effective: immediately
Federal Register: September 27, 2002; Federal Motor Carrier Safety Administration 49 CFR Parts 392 and 393.
SUMMARY: The FMCSA revises its regulations concerning protection against shifting and falling cargo for commercial motor vehicles (CMVs) engaged in interstate commerce.
DATES: The rule is effective December 26, 2002. Motor carriers must ensure compliance with the final rule by January 1, 2004.
You may read the the Federal Motor Carrier Safety Regulations revision to section 393.100-136:
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