New Information Update

Table of Contents

2006
Posted: March 16, 2007 Effective: immediately Michigan Vehicle Code

PA 595 of 2006 amends the Motor Carrier Safety Act to prohibit a motor carrier operating entirely in intrastate commerce (solely in Michigan) from permitting or requiring a driver of a commercial motor vehicle engaged in seasonal construction-related activities, regardless of the number of motor carriers using the driver's services, to do either of the following:

-- Drive for any period after having been on duty for 70 hours in any seven consecutive days or having been on duty for 80 hours in any period of eight consecutive days.
-- Drive for more than 12 hours or be on duty for more than 16 hours in any day

Act 595 of 2006 does not change the requirement for 10 hours off duty between shifts.

Posted: October 17, 2006 Effective: December 17, 2004 Michigan Vehicle Code

Pickups towing trailers in commerce

Public Act 427 of 2004 http://www.legislature.mi.gov/documents/2003-2004/publicact/htm/2004-PA-0427.htm amended the Michigan Vehicle Code section 257.801 (1) (a) to permit pickup trucks weighing not more than 8000 pounds (previously not more than 5000 pounds) to be registered under the schedule of empty weight tax.  This means that pickups over 5000 pounds, previously required to purchase an EGW registration plate when towing a trailer in a profit making venture, may now register under the empty weight.

This amendment became effective on December 17, 2004
Posted: August 14, 2006 Effective: August 10, 2006 TSA
July 20, 2006 Transportation Security Administration (TSA) announced that beginning August 10, 2006 drivers licensed in Canada or Mexico that commercially transport hazardous materials will be required to undergo a criminal background check under SAFETEA-LU transportation bill / Border Protections Free and Secure Trade program. Before transporting placarded amounts of hazardous materials (hazmat) into the United States drivers must produce their (FAST) card or be on the current approved list provided to each port by TSA.
Posted: June 22, 2006 Effective: July 24, 2006 FMCSA

SUMMARY: FMCSA amends its September 27, 2002, final rule concerning protection against shifting and falling cargo for commercial motor vehicles (CMVs) operated in interstate commerce in response to petitions for rulemaking.

Sections revised: 393.5, 393.7, 393.102, 393.104, 393.106, 393.108, 393.110, 393.114, 393.116, 393.118, 393.122, 393.126, 393.132

Federal Register Final Rule

Revisions only

Posted: May 16, 2006 Effective: May 12, 2006 Michigan Vehicle Code
Public Act 136 (Senate Bill 1035) amends the Michigan Vehicle Code (MCL 257.801) to revise the definition of "wood harvester" to specifically include a person hauling or transporting wood harvesting equipment .  Wood harvesters are entitled to a special vehicle registration plate and a reduced registration tax.

Under the bill, "wood harvesting equipment" would be defined to include all of the following:

  • A vehicle that directly harvests logs or timber, including a processor or a feller buncher. 
  • A vehicle that directly processes harvested logs or timber, including a slasher, delimber, processor, chipper, or saw table.
  • A vehicle that directly processes harvested logs or timber, including a forwarder, grapple skidder, or cable skidder.
  • ·A vehicle that directly loads harvested logs or timber, including a knucle-boom loader, front-end loader, or forklift.           
  • A bulldozer or road grader being transported to a wood harvesting site specifically for the purpose of building or maintaining harvest site roads.

The term "wood harvester" would not apply to a person or persons whose primary activity is tree-trimming or landscaping.

Posted: April 27, 2006 Effective: Immediately FMCSA

Recent guidance from USDOT/FMCSA provides some relief from the cargo securement regulations for accessory devices. Guidance

Posted: March 27, 2006 Effective: Immediately Michigan Vehicle Code

Public Act 50 of 2006

Amends the Motor Carrier Safety Act (MCL 480.11a) to define the term "medical examiner," for purposes of the act, to mean that term as defined under federal motor carrier safety regulations.  Under the Motor Carrier Safety Act, a person who drives a commercial motor vehicle must have on his or her person the original, or a photographic copy of, a valid medical examiner's certificate that he or she is physically qualified to drive a motor vehicle.

(The Code of Federal Regulations – 49 CFR 390.5 – defines "medical examiner" as a person who is licensed, certified, and/or registered, in accordance with applicable State laws and regulations, to perform physical examinations.  The term includes, but is not limited to, doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses, and doctors of chiropractic.)

Posted: February 10, 2006 Effective: November 9, 2006 Michigan Vehicle Code

Public Act 19 of 2006 (HB HB 5104 of 2005 )

Sec.257.627

New legislation (Public Act 19 of 2006) was approved by the Governor and enacted into law on February 9, 2006.  The act amends the Michigan Vehicle Code, section 257.627, permitting a truck, a truck-tractor, or a truck-tractor with a semi-trailer or trailer to operate at a speed not to exceed 60 miles per hour on a freeway, if the maximum speed limit on that freeway is 70 miles per hour.

Public Act 85 of 2006 (HB 5240 of 2006) raises the speed limit for school busses to 60 mph on roads posted for 70 mph. (Effective 11/09/06)

Provisions of these acts:

-Establish speeds that would be "prima facie unlawful" to exceed in business districts, in public parks, and on highway segments with specified numbers of driveways or intersections.
-- Designate the 55-mile-per-hour speed limit on highways where another speed limit does not apply as the "general speed limit".
-- Designate various speed limits as "absolute speed limits", which would supersede prima facie speed limits.
-- Increase the minimum speed on freeways from 45 miles per hour (mph) to 55 mph.
-- Require the Michigan Department of Transportation to establish the speed on all trunk line highways within cities and villages.
-- Allow local authorities to decrease the prima facie speed limit to 25 mph on streets under their jurisdiction adjacent to public parks and playgrounds, and to 15 mph on streets in public parks under their jurisdiction. The bill will take effect on November 9, 2006.

This amendatory act takes effect November 9, 2006.
Posted: October 20, 2005 Effective: 10/20/2005 Michigan Vehicle Code

Governor Granholm signed 3 bills into law on 10/20/2005 which take effect immediately. Two of them: Public Acts: PA 177, PA 179.

PA 177 Amends and repeals certain sections of Public Act 181 of 1963 (The Michigan Motor Carrier Safety Act). PA 179 amends certain sections of Act 300 of 1949. the changes contained in these acts have a significant and immediate impact on the trucking industry in Michigan.

PA 177 changes include:

  • Details the medical waiver process for intrastate drivers
  • Shortens the expiration date for medical grandfather rights for intrastate drivers from 2032 to 2014
  • Clarifies the use of surge brakes on certain vehicles
  • Increases the fines for serious safety defects
  • Adds requirements for mud flaps or other protection devices
  • Removes intrastate exceptions from hours of service for motor carriers operating in seasonal construction, beverage delivery, pickup and delivery of crude oil, home heating fuel delivery and driver salespersons
  • Removes the exemption for mechanics

PA 179 changes include:

  • Section 312g (added); Prohibit a person from transporting a hazardous material for which a placard is required under the Code of Federal Regulations unless the operator has a hazardous material endorsement on his or her license; and prescribe a misdemeanor penalty for a violation
  • Section 723 (amended); Require commercial vehicles with a single or combination gross weight rating or total gross weight of more than 5,000 pounds to have identifying information painted on or attached to their sides.
  • Section 724 (amended); Revise a provision that sets a penalty for bypassing a weigh station.
  • Section 724 (amended); adds provisions for misloads and fine structure and clarifies which vehicles are required to enter weigh stations

These acts can be viewed at PA 177, PA 179

Posted: May 11 , 2005 Effective: October 1, 2005 FMCSA / Michigan Vehicle Code

CDL Suspension for violations committed in a non-commercial vehicle (PA 362 of 2004)

Section 257.319b of the Michigan Vehicle Code requires the Secretary of State to suspend or revoke all vehicle group designators of (CDL privileges) on the operator's or chauffeur's license of a person for one year if the person is convicted of or found responsible for 1 of the following,, while operating a commercial motor vehicle:
a) violation of drunk driving laws contained in Section 257.625
b) leaving the scene of an accident
c) commission of a felony
d) refusal of a peace officer's request to submit to chemical testing for drugs and/or alcohol

A second violation will result in suspended or revoked vehicle group designators for life, with the possibility of reinstatement after 10 years.

Beginning October 1, 2005, if a CDL holder is convicted of or found responsible for these same violations, while operating a non-commercial motor vehicle, suspensions and revocations will be the same as if the driver had been operating a commercial motor vehicle.
Posted: January 31, 2005 Effective: January 31, 2005 Transportation Security Administration

Public Act 362: In compliance with Federal requirements, Michigan will require all CDL Hazardous Materials Endorsement holders to submit to a background check. New CDL applicant background checks begin January 31, 2005. CDL renewal applicant background checks will begin May 31, 2005. Telephone applications can be submitted by calling a toll-free driver help desk at (877) 429-7746. Drivers may also pay the $94 processing fee with a credit card or an electronic check when they pre register.
Michigan Secretary of State Information

Background Checks Now Required for Hazmat Truck Drivers

As part of its Hazmat Threat Assessment Program, the Transportation Security Administration (TSA) now requires the collection of biographical information and fingerprints from applicants who wish to obtain a new Hazardous Materials Endorsement (HME) on their state-issued Commercial Driver's License (CDL). This requirement became effective for new HME applicants on January 31, 2005. Individuals who wish to renew or transfer an existing HME may begin submitting biographical information and fingerprints with their HME application as early as March 31, 2005, but this information will be required as of May 31, 2005.

TSA has selected a vendor to assist in the collection of applicant fingerprints and information for states that have elected to use a TSA agent for this purpose. Seventeen states have elected to complete these tasks using state resources. In either case, the drivers’ fingerprints and biographical information will be forwarded to TSA for vetting.

Under the rules governing the Hazmat Threat Assessment Program, an applicant will be disqualified from holding an HME if they:

  • Have been convicted or found not guilty by reason of insanity in a military or civilian court for any of the permanently disqualifying crimes;
  • Have been convicted or found not guilty by reason of insanity in a military or civilian court within the past seven years for a felony on the list of disqualifying crimes;
  • Have been released from prison within the past five years for any of the disqualifying crimes;
  • Are currently under want, warrant or indictment for a felony on the list of disqualifying crimes; or
  • Have been declared mentally incompetent or involuntarily committed to a mental institution.

To see the list of felonies considered to be disqualifying offenses under the rule governing the Hazmat Threat Assessment Program, please visit the Disqualifying Crimes page.

Please Note: Any current Hazmat driver who has a disqualifying offense prohibiting the holding of a HME must immediately surrender the HME to the State Department of Motor Vehicles.