MCL - Section 247.660c

Act 51 of 1951

247.660c Definitions.

Sec. 10c.

    As used in this act:
    (a) "Urban or rural area" means a contiguous developed area, including the immediate surrounding area, where transportation services should reasonably be provided presently or in the future; the area within the jurisdiction of an eligible authority; or for the purpose of receiving funds for public transportation, a contiguous developed area having a population of less than 50,000 that has an urban public transportation program approved by the state transportation department and for which the state transportation commission determines that public transportation services should reasonably be provided presently or in the future.
    (b) "Eligible authority" means an authority organized under the metropolitan transportation authorities act of 1967, 1967 PA 204, MCL 124.401 to 124.426.
    (c) "Eligible governmental agency" means a county, city, or village or an authority created under 1963 PA 55, MCL 124.351 to 124.359; the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512; 1967 (Ex Sess) PA 8, MCL 124.531 to 124.536; 1951 PA 35, MCL 124.1 to 124.13; the public transportation authority act, 1986 PA 196, MCL 124.451 to 124.479; or the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140.
    (d) "Transit vehicle" means a bus, rapid transit vehicle, railroad car, street railway car, water vehicle, taxicab, or other type of public transportation vehicle or individual unit, whether operated singly or in a group that provides public transportation.
    (e) "Transit vehicle mile" means a transit vehicle operated for 1 mile in public transportation service including demand actuated and line-haul vehicle miles.
    (f) "Demand actuated vehicle" means a bus or smaller transit vehicle operated for providing group rides to members of the general public paying fares individually, and on demand rather than in regularly scheduled route service.
    (g) "Demand actuated vehicle mile" means a demand actuated vehicle operated for 1 mile in service to the general public.
    (h) "Public transportation", "comprehensive transportation", "public transportation service", "comprehensive transportation service", "public transportation purpose", or "comprehensive transportation purpose" means the movement of people and goods by publicly or privately owned water vehicle, bus, railroad car, street railway, aircraft, rapid transit vehicle, taxicab, or other conveyance that provides general or special service to the public, but not including charter or sightseeing service or transportation which is exclusively for school purposes. Public transportation, public transportation services, or public transportation purposes; and comprehensive transportation, comprehensive transportation services, or comprehensive transportation purposes as defined in this subdivision are declared by law to be transportation purposes within the meaning of section 9 of article IX of the state constitution of 1963.
    (i) "State transportation commission" or "commission" means the state transportation commission established in section 28 of article V of the state constitution of 1963.
    (j) "Governmental unit" means the state transportation department, the state transportation commission, a county road commission, a city, or a village.
    (k) "Department" or "department of transportation" means the state transportation department, the principal department of state government created under section 350 of the executive organization act of 1965, 1965 PA 380, MCL 16.450.
    (l) "Preservation" means an activity undertaken to preserve the integrity of the existing roadway system. Preservation does not include new construction of highways, roads, streets, or bridges, a project that increases the capacity of a highway facility to accommodate that part of traffic having neither an origin nor destination within the local area, widening of a lane width or more, or adding turn lanes of more than 1/2 mile in length. Preservation includes, but is not limited to, 1 or more of the following:
    (i) Maintenance.
    (ii) Capital preventive treatments.
    (iii) Safety projects.
    (iv) Reconstruction.
    (v) Resurfacing.
    (vi) Restoration.
    (vii) Rehabilitation.
    (viii) Widening of less than the width of 1 lane.
    (ix) Adding auxiliary weaving, climbing, or speed change lanes.
    (x) Modernizing intersections.
    (xi) Adding auxiliary turning lanes of 1/2 mile or less.
    (xii) Installing traffic signs in new locations, installing signal devices in new locations, and replacing existing signal devices.
    (m) "Maintenance" means routine maintenance or preventive maintenance, or both. Maintenance does not include capital preventive treatments, resurfacing, reconstruction, restoration, rehabilitation, safety projects, widening of less than 1 lane width, adding auxiliary turn lanes of 1/2 mile or less, adding auxiliary weaving, climbing, or speed-change lanes, modernizing intersections, or the upgrading of aggregate surface roads to hard surface roads. Maintenance of state trunk line highways does not include streetlighting except for freeway lighting for traffic safety purposes.
    (n) "Routine maintenance" means actions performed on a regular or controllable basis or in response to uncontrollable events upon a highway, road, street, or bridge. Routine maintenance includes, but is not limited to, 1 or more of the following:
    (i) Snow and ice removal.
    (ii) Pothole patching.
    (iii) Unplugging drain facilities.
    (iv) Replacing damaged sign and pavement markings.
    (v) Replacing damaged guardrails.
    (vi) Repairing storm damage.
    (vii) Repair or operation of traffic signs and signal systems.
    (viii) Emergency environmental cleanup.
    (ix) Emergency repairs.
    (x) Emergency management of road closures that result from uncontrollable events.
    (xi) Cleaning streets and associated drainage.
    (xii) Mowing roadside.
    (xiii) Control of roadside brush and vegetation.
    (xiv) Cleaning roadside.
    (xv) Repairing lighting.
    (xvi) Grading.
    (o) "Preventive maintenance" means a planned strategy of cost-effective treatments to an existing roadway system and its appurtenances that preserve assets by retarding deterioration and maintaining functional condition without significantly increasing structural capacity. Preventive maintenance includes, but is not limited to, 1 or more of the following:
    (i) Pavement crack sealing.
    (ii) Micro surfacing.
    (iii) Chip sealing.
    (iv) Concrete joint resealing.
    (v) Concrete joint repair.
    (vi) Filling shallow pavement cracks.
    (vii) Patching concrete.
    (viii) Shoulder resurfacing.
    (ix) Concrete diamond grinding.
    (x) Dowel bar retrofit.
    (xi) Bituminous overlays of 1-1/2 inches or less in thickness.
    (xii) Restoration of drainage.
    (xiii) Bridge crack sealing.
    (xiv) Bridge joint repair.
    (xv) Bridge seismic retrofit.
    (xvi) Bridge scour countermeasures.
    (xvii) Bridge painting.
    (xviii) Pollution prevention.
    (xix) New treatments as they may be developed.
    (p) "County road commission" means the board of county road commissioners elected or appointed pursuant to section 6 of chapter IV of 1909 PA 283, MCL 224.6, or, in the case of a charter county with a population of 750,000 or more with an elected county executive that does not have a board of county road commissioners, the county executive for ministerial functions and the county commission provided for in section 14(1)(d) of 1966 PA 293, MCL 45.514, for legislative functions. In addition, if a board of county road commissioners is dissolved as provided in section 6 of chapter IV of 1909 PA 283, MCL 224.6, county road commission includes the county board of commissioners of the county.
    (q) "Capital preventive treatments" means any preventive maintenance category project on state trunk line highways that qualifies under the department's capital preventive maintenance program.
    (r) "Public transit region" means that term as defined in the regional transit authority act.
    (s) "Regional transit authority" means an authority created under the regional transit authority act.

History: Add. 1976, Act 297, Eff. Nov. 15, 1976 ;-- Am. 1978, Act 444, Imd. Eff. Oct. 10, 1978 ;-- Am. 1982, Act 438, Eff. Jan. 1, 1983 ;-- Am. 1987, Act 234, Imd. Eff. Dec. 28, 1987 ;-- Am. 1990, Act 73, Imd. Eff. May 17, 1990 ;-- Am. 2002, Act 498, Imd. Eff. July 3, 2002 ;-- Am. 2005, Act 45, Imd. Eff. June 16, 2005 ;-- Am. 2008, Act 485, Imd. Eff. Jan. 12, 2009 ;-- Am. 2010, Act 257, Imd. Eff. Dec. 14, 2010 ;-- Am. 2012, Act 298, Imd. Eff. Aug. 23, 2012 ;-- Am. 2012, Act 391, Imd. Eff. Dec. 19, 2012
Compiler's Notes: Former MCL 247.660c, containing definitions, was repealed by Act 296 of 1976.
Popular Name: McNitt Act
Popular Name: Michigan Transportation Fund Act