New Information Update

Table of Contents

2004
Posted: December 21, 2004	Effective: Immediately	Michigan Vehicle Code
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
Posted: December 6, 2004	Effective: January 1, 2006	Michigan Vehicle Code
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
Posted: September 29, 2004	Effective: October 4, 2004	Michigan Vehicle Code
PA 362 of 2004 (HB 5802 of 2004 ) 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. PA 362 of 2004 (HB 5802 of 2004 )
Posted: September 9, 2004	Effective: To be Announced	USDOT/FMCSA
The FMCSA on August 30, 2004 filed a motion asking a federal court to stay its earlier reversal of the new hours-of-service rules for truck drivers that took effect in January. 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.
Posted: July 1, 2004	Effective: July 30, 2004	USDOT/FMCSA
SUMMARY: The Federal Motor Carrier Safety Administration is establishing a national safety permit program for motor carriers that transport certain hazardous materials in interstate or intrastate commerce. This final rule implements provisions of Federal hazardous materials transportation law. The rule will promote safe and secure transportation of the designated hazardous materials and thereby improve motor carrier safety. Read the federal register (.pdf file) DATES: Effective: This rule is effective: July 30, 2004. Compliance: Compliance with this rule is required beginning January 1, 2005.
Posted: July 1 , 2004	Effective: Immediately	Michigan Vehicle Code
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
Posted: June 10, 2004	Effective: July 20, 2004	USDOT/FMCSA
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
Posted: April 16 , 2004	Effective: January 21, 2005	USDOT/FMCSA
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
Posted: March 31, 2004	Effective: June 1, 2004	USDOT/FMCSA
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
Posted: January 2, 2004	Effective: immediately	USDOT/FMCSA
New Trucking Hours-of-Service rule Begins Sunday; Transportation Officials Detail Education and Enforcement Plans U.S. Department of Transportation officials today released details of a plan to educate truck drivers about and to enforce a new hours-of-service new hours-o-service rule. Starting jan. 4, when the rule is implemented, state and federal official,s expect to spend the first 60 days waging an aggressive education campaign and enforcing egregious violations. State officials are also being encouraged to used every stop in the first 60 days as an opportunity to educate drivers about the new rules. Detailed information about the rules are at http://www.fmcsa.dot.gov .