July 13, 2011, Introduced by Senators BRANDENBURG, ROCCA, ROBERTSON, CASWELL, JONES, NOFS and MARLEAU and referred to the Committee on Transportation.
A bill to amend 1990 PA 271, entitled
"Limousine transportation act,"
by amending sections 5, 7, 13, and 15 (MCL 257.1905, 257.1907,
257.1913, and 257.1915), section 7 as amended by 2000 PA 487; and
to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
5. (1) This act shall does
not apply to a limo carrier of
passengers that is any of the following:
(a) A county, city, township, or village as provided by law,
or
other authority incorporated under Act No. 55 of the Public Acts
of
1963, being sections 124.351 to 124.359 of the Michigan Compiled
Laws.1963 PA 55, MCL 124.351 to 124.359.
(b) An authority incorporated under the metropolitan
transportation
authorities act of 1967, Act No. 204 of the Public
Acts
of 1967, being sections 124.401 to 124.426 of the Michigan
Compiled
Laws, 1967 PA 204, MCL
124.401 to 124.426, or that
operates a transportation service pursuant to an interlocal
agreement
under the urban cooperation act of 1967, Act No. 7 of the
Public
Acts of the Extra Session of 1967, being sections 124.501 to
124.512
of the Michigan Compiled Laws.1967
(Ex Sess) PA 7, MCL
124.501 to 124.512.
(c)
Operating under a contract entered into pursuant to Act
No.
8 of the Public Acts of the Extra Session of 1967, being
sections
124.531 to 124.536 of the Michigan Compiled Laws, or Act
No.
35 of the Public Acts of 1951, being sections 124.1 to 124.13
of
the Michigan Compiled Laws.1967
(Ex Sess) PA 8, MCL 124.531 to
124.536, or 1951 PA 35, MCL 124.1 to 124.13.
(d) An authority incorporated under the public transportation
authority
act, Act No. 196 of the Public Acts of 1986, being
sections
124.451 to 124.479 of the Michigan Compiled Laws, 1986 PA
196, MCL 124.451 to 124.479, or a nonprofit corporation organized
under
the nonprofit corporation act, Act No. 162 of the Public Acts
of
1982, being sections 450.2101 to 450.3192 of the Michigan
Compiled
Laws, 1982 PA 162, MCL
450.2101 to 450.3192, that provides
transportation services.
(e) An authority financing public improvements to
transportation
systems under the revenue bond act of 1933, Act No.
94
of the Public Acts of 1933, being sections 141.101 to 141.140 of
the
Michigan Compiled Laws.1933
PA 94, MCL 141.101 to 141.140.
(f) Only operating limousines to provide the transportation of
passengers for funerals.
(g)
Only operating wholly within the boundaries of a local
unit
of government if the local unit of government has its own
safety
inspection and insurance requirements.
(2) A limo carrier of passengers exempt under subsection (1)
shall operate under the requirements of this act when operating
outside of the political subdivisions permitted by the authorizing
statute or the contract required by the authorizing statute.
(3) This act shall not apply to a limo carrier of passengers
who is only providing transportation using metered vehicles
identified as a taxi or taxicab with a maximum seating capacity of
3
to 9 passengers or less, fewer,
including the driver.
Sec. 7. (1) A limo carrier of passengers shall not operate a
limousine for the transportation of persons for hire on a public
highway
in this state except in accordance with this act. A limo
carrier
of passengers that operates class B limousines for the
purpose
of picking up passengers within a city with a population of
750,000
or more shall also comply with the vehicle for hire
ordinance
of that city with respect to those limousines. However, a
limo
carrier of passengers may remain in the city during a given
trip
for the sole purpose of picking up the same passengers that
the
limo carrier of passengers originally brought into the city on
that
trip. A limo carrier of passengers
shall not operate upon a
public highway without first having obtained from the department a
certificate of authority. A certificate of authority may be
obtained for operation of either class A limousines or class B
limousines or both.
(2)
The amendatory act that added this subsection takes effect
30
days after a city with a population of 750,000 or more makes
available
bonds for class B limousines. The total number of class B
limousine
bonds shall be determined by the city. However, for the
first
90 days the number of bonds to be made available for class B
limousines
shall not be less than 100 or more than 200.
(2) The department and the department of state have exclusive
authority to license limousines and limo carriers of passengers and
to license operators, drivers, and chauffeurs of limousines and
limo carriers of passengers. A county, regional authority, city,
township, or village or any other local unit of government shall
not license limousines or limo carriers of passengers or chauffeurs
of limousines or limo carriers of passengers.
(3) A county, city, village, or township shall not adopt a
local ordinance to license limousine drivers or limo carriers of
passengers within the limits of the county, city, village, or
township.
(4) (3)
As used in this section:
(a) "Class A limousine" means a limousine with a seating
capacity of not less than 7 passengers but not more than 15
passengers including the driver.
(b) "Class B limousine" means a limousine with a seating
capacity
of less fewer than 7 passengers including the driver.
Sec. 13. (1) In determining the fitness, willingness, and
ability of an applicant for a certificate of authority to provide
transportation service, the department shall consider all of the
following before the issuance of the original certificate of
authority:
(a) The applicant's safety record.
(b)
The Whether the character and condition of each limousine
is such that it may be operated safely upon the public highways
based on an inspection required pursuant to section 19 and
conducted by a mechanic certified under the motor vehicle service
and repair act at a motor vehicle repair facility registered under
the motor vehicle service and repair act that is designated by the
department
as an inspection station. or by a county, city, village,
or
township pursuant to section 14. Any
limousine that does not
pass the required departmental safety inspection shall not be
operated over the public highways of this state.
(c) The applicant's financial ability to provide continuous
insurance coverage as required by subsection (2) and to have
adequate financial resources in order to pay for damage claims
against the applicant.
(2) An applicant shall acquire the following insurance
coverage of liability for acts or omissions of the applicant as a
limo carrier of passengers:
(a) For limousines with a seating capacity of 1 to 9
passengers including the driver, bodily injury and property damage
liability insurance with a minimum combined single limit of
$1,000,000.00 for all persons injured or for property damage.
(b) For limousines with a seating capacity of 10 to 15
passengers including the driver, bodily injury and property damage
liability insurance with a minimum combined single limit of
$2,000,000.00 for all persons injured or for property damage.
(c) Personal protection insurance and property protection
insurance as required by sections 3101 to 3179 of the insurance
code
of 1956, Act No. 218 of the Public Acts of 1956, being
sections
500.3101 to 500.3179 of the Michigan Compiled Laws.1956 PA
218, MCL 500.3101 to 500.3179.
(3) A limo carrier of passengers shall maintain the insurance
described
in this subsection (2) as a condition of maintaining a
certificate of authority issued under this act.
(4) (3)
An applicant that does not satisfy both
subsections
(1)
and (2) to (3) shall not be issued a certificate of authority
to provide transportation service as a limo carrier of passengers
under this act.
Sec. 15. (1) The department shall approve or deny an
application for a certificate of authority within 90 days after the
complete application is filed with the department.
(2) If the department denies an application for a certificate
of authority, the department shall notify the applicant in writing
of the reason or reasons for the denial, and the applicant shall
have 30 days from the date of denial to correct any deficiency and
reapply without payment of an additional application fee.
(3)
A limo carrier of passengers who has a safety inspection
performed
under section 14 may receive a certificate of authority
by
providing the department with a copy of the safety inspection
report
and meeting the other requirements of section 13.
Enacting section 1. Sections 1914 and 1923 of the limousine
transportation act, 1990 PA 271, MCL 257.1914 and 257.1923, are
repealed.