New Information Update

Table of Contents
2012
Posted 5/7/2012 Effective: April 11, 2012 Michigan Vehicle Code

MCL 257.719 and 257.721 Amended
http://www.legislature.mi.gov/documents/2011-2012/publicact/htm/2012-PA-0080.htm

MCL 257.719

(2) Lengths described in this subsection shall be known as the normal length maximum. Except as provided in subsection (3), the following vehicles and combinations of vehicles shall not be operated on a highway in this state in excess of these lengths:
(i) A recreational vehicle that has its own motive power, in combination with a trailer: 65 feet or, if the operator of the recreational vehicle has a group commercial motor vehicle designation on his or her operator’s or chauffeur’s license, 75 feet.

(3) (f)  Truck tractor and lowboy semitrailer combinations: no maximum overall length, if the lowboy semitrailer does not exceed 59 feet, except as otherwise permitted under this subdivision. A lowboy semitrailer wheelbase shall not exceed 55 feet as measured from the kingpin coupling to the center of the rear axle. A lowboy semitrailer more than 59 feet in length shall not operate with morethan any combination of 4 axles on the lowboy unless an oversized load permit is issued by the state transportation department or a local authority with respect to highways under its jurisdiction. As used in this subdivision, "lowboy semitrailer" means a flatbed semitrailer with a depressed section that has the specific purpose of being lowered and raised for loading and unloading.

257.721

(5) (b) The total length of the pickup truck, semitrailer designed for recreational living purposes, and additional trailer or semitrailer, and load, shall not exceed 75 feet on any highways in this state.

Posted 4/19/2012 Effective: May 21, 2012 USDOT/FMCSA

FMCSA Publishes Medical Examiner Rule

In April, FMCSA published its final rule on the National Registry of Certified Medical Examiners (NRCME). The rulemaking establishes training, testing and certification standards for medical examiners who certify CMV drivers for their CDLs. It also will create a national online registry of examiners who have met the certification requirement. The final rule is effective on May 21, 2012 and compliance is required beginning on May 21, 2014. Additional information is available on FMCSA’s NRCME website

Under the rule first proposed in 2008, FMCSA also will maintain the National Registry of Certified Medical Examiners to help drivers find certified examiners. The final rule also requires medical examiners to identify drivers they have examined to FMCSA.

Under the final rule, healthcare professionals who perform medical examinations for interstate truck and bus drivers must be trained, tested and certified on the specific physical qualifications that affect a driver’s ability to safely operate the vehicle.

In 30 days, FMCSA will post its uniform training and testing standards for medical examiners at http://nrcme.fmcsa.dot.gov/. At that time, health care professionals, drivers, employers, law enforcement officers and the public can review the training standards and sign up to receive updates on the implementation of the rule.

By May 21, 2014, all certified medical examiners must be on the National Registry database, and drivers must obtain a medical examination from a certified examiner. Medical examiners who fail to maintain federal standards will be removed from the registry. To allow time for testing and training centers to prepare their curricula and receive FMCSA approval, healthcare professionals seeking to become certified examiners can begin registering on the National Registry Website this summer.

For more information on the NRCME final rule, go to www.regulations.gov; the docket number is FMCSA-2008-0363.

Posted 2/27/2012 Effective: January 1, 2012 Michigan

NEW LEGISLATION UPDATE – PUBLIC ACT 111 OF 2011
Companies towing and/or transporting vehicles Intrastate (point to point within Michigan) are now required to obtain MPSC Operating Authority.

Public Act 111 of 2011 amended the Motor Carrier Act by mandating the Public Service Commission regulate all towing and motor vehicle transporters. Effective January 1, 2012, all businesses that transport vehicles for hire as a part of their business operations are subject to the Michigan Motor Carrier Act and must obtain intrastate operating authority from the Michigan Public Service Commission. All previously exist-ing exemptions for towing companies have been eliminated from the law.

Any business operating a commercial motor vehicle, for hire, that transports vehicles intrastate must obtain operating authority. This includes towing companies, repossession operations, repair facilities, auto auctions, and dealerships.


The initial application fee is $100.00 per carrier. Upon completion of the application process, vehicle specific cab cards and decals are is-sued for each registered vehicle in the carrier’s fleet used in for-hire operations. The decals and cab cards are valid January 1 through De-cember 31 of each year, and must be renewed by the carrier. The price for each set of decals and cab cards is $100.00 annually.

Failure to register is a misdemeanor punishable with a fine up to $500.00 and/or 90 days in jail.
Additional applications may be found on the Motor Carrier page under ‘forms’ or by calling 517-241-6030.

Posted 2/20/2012 Effective: February 2012 FMCSA

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/Harmonizing-Schedule-I-Drug-Requirements.aspx

ACTION: Final rule.

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) amends the physical qualifications for drivers and the instructions for the medical examination report to clarify that drivers may not use Schedule I drugs and be qualified to drive commercial motor vehicles (CMVs) under any circumstances. The rule harmonizes FMCSA’s provisions regarding pre- employment and return-to-duty test refusals with corresponding Department of Transport (DOT)-wide provisions. Finally, the rule corrects inaccurate uses of the term “actual knowledge.”

The final rule removes the term “controlled substance” from §§ 382.213 and 391.41(b)(12) and replaces it with “drug or substance.”

“If a driver uses an amphetamine, a narcotic or any other habit-forming drug, it may be cause for the driver to be found medically unqualified. If a driver uses a Schedule I drug or substance, it will be cause for the driver to be found medically unqualified.” This change harmonizes the Instructions with the other changes made in this final rule. Specifically, the amended rule makes clear that a driver using a Schedule I drug or substance is not medically qualified to drive under any circumstances.

§ 382.201 [Amended]
§ 382.215 [Amended]
391.41 Physical qualifications for drivers [Amended]

Posted 12/22/11 Effective: 2011 FMCSA

RIN 2126-AB02
Commercial Driver’s License Testing and Commercial Learner’s Permit Standards
http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/rule-programs/new_rulemakings.aspx?cat=final

Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle—
(1) Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
(2) Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or
(3) Is designed to transport 16 or more passengers, including the driver; or
(4) Is of any size and is used in the transportation of hazardous materials as defined in this section.
* * * * *

Posted 12/22/11 Effective: February 27, 2012 FMCSA
Hours of Service
DOT has released the new hours of service rule. CVSA staff will review the rule and provide an overview as quickly as possible. The rule will be officially published in the Federal Register on December 27, 2011. The effective date will be February 27, 2012, and the compliance date of selected provisions is July 1, 2013. DOT has provided a chart, that compares the new Final Rule to the existing rule. In addition, they’ve provided a Frequently Asked Questions document, attached as well. You can view the rule here. Comparison chart is available here.
Posted 12/15/11 Effective: January 30, 2012 Michigan

All drivers must self certify to their driving type and provide the SOS their Medical card, if applicable, by January 30, 2014 or their CDL privileges will be automatically downgraded to non-commercial. Drivers will receive notification of the impending downgrade 10 days prior.

The department intends to mail a letter of explanation in the very near future to all current CDL holders which includes the self-certification of driving form.

Drivers may submit the self-certification of driving type form and DOT card (if applicable) the following ways:

WEB:  Self-certification form will be available for on-line submission and your medical card may be scanned
      (Website info to be announced in the near future)

FAX:  Michigan CDL Help Desk 517-636-4359 (must include cover sheet with phone number)

MAIL: Mail your completed self certification form and DOT card to: 
                    
                   Michigan Department of State
                   CDL HELP DESK
                   7064 Crowner Dr
                   Lansing, MI 489198

 SOS:  Visit your local Secretary of State Branch Office

Posted: 11/29/11 Effective Date: January 1, 2012 FMCSA

The final rule prohibits commercial drivers from using a hand-held mobile telephone while operating a commercial truck or bus.

Drivers who violate the restriction will face federal civil penalties of up to $2,750 for each offense and disqualification from operating a commercial motor vehicle for multiple offenses.

Additionally, states will suspend a driver's commercial driver’s license (CDL) after two or more serious traffic violations.  Commercial truck and bus companies that allow their drivers to use hand-held cell phones while driving will face a maximum penalty of $11,000.

RIN: 2126-AB29
Docket #: FMCSA-2010-0096

http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/rule-programs/rule_making_details.aspx?ruleid=347

 

RePosted: 11/18/11 EFFECTIVE DATE: September 30, 2011 FMCSA/MICHIGAN

Public Act 159 of 2011 of 2011 effective September 30, 2011

 

New Medical Requirements for CDL Holders
 Beginning January 30, 2012 

Public Act 159 of 2011 effective September 30, 2011

PHASES:

Effective Date

What this means for CDL drivers

Phase 1

Collection and storage of the Self/Medical certificate information.

January 30, 2012

Starting in January, drivers will be required to provide a valid medical examiner's certificate to the SOS via an online web submission process, via fax or take it to their local SOS branch office.

Each new medical certification must be submitted.

When a driver applies for an original CDL or renews their current CDL, drivers will need to certify the scope of their travel in a CDL vehicle as either 'interstate' or 'intrastate'

CDL holders will now be required to certify IF they are exempt from medical certification [ex: farm drivers holding F designator and operating within a 150 mile radius of their farm]

Phase 2

Michigan will begin sharing this information electronically with CDLIS and Law Enforcement. 

Late September 2012

If a CDL holder is stopped, the officer will run their medical certification information to verify that they have a valid medical examiner's certificate and take enforcement action if necessary.

Phase 3

Downgrades all CDL drivers that have not self certified to a specific driving   or presented their valid medical certificate to Secretary of State as required

No later than January 30, 2014

If a driver does not submit their valid medical examiner's certificate [DOT card] to the Secretary of State, a driver will receive a letter from the state explaining that the CDL designator [A, B or C] has been/will be removed from the driver license.