March 17, 2016, Introduced by Reps. Glenn, Leutheuser and Lauwers and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1963 PA 181, entitled
"Motor carrier safety act of 1963,"
by amending section 11 (MCL 480.21), as amended by 2005 PA 177.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. (1) A township, city, village, county, or another
state agency shall not adopt or enforce an ordinance or resolution
that
is inconsistent with this act or any rule promulgated pursuant
to
under this act. As used in this section,
"inconsistent" means a
rule or ordinance that is more permissive than this act, that is
more restrictive than this act, that would require more action,
equipment, or permits than this act would require, or that prevents
or obstructs compliance with this act.
(2) The fine for operating a vehicle with a serious safety
defect ordered to be paid under an ordinance or resolution adopted
by a township, city, village, or county that is consistent with
section 7b shall be paid to the county treasurer and shall be
allocated as follows:
(a)
Seventy percent to the township, city, village, or county
road commission of the county in which the citation is issued.
(b) Thirty percent for library purposes as provided by law. As
used in this subsection, "county road commission" includes the
county board of commissioners of a county if the board of county
road commissioners is dissolved as provided in section 6 of chapter
IV of 1909 PA 283, MCL 224.6.
(3) Subsection (2) does not apply to a fine ordered to be paid
for
a case in which the citation is dismissed pursuant to under
subsection (4).
(4) The owner or operator of a commercial motor vehicle shall
not be issued more than 1 citation for each violation of a code or
ordinance regulating the operation of a commercial motor vehicle
and substantially corresponding to a provision of sections 683 to
725a of the Michigan vehicle code, 1949 PA 300, MCL 257.683 to
257.725a, within a 24-hour period. If the owner or operator of a
commercial motor vehicle is issued a citation by a township, city,
village, or county for an equipment violation that does not result
in the vehicle being placed out of service, the court shall dismiss
the citation if the owner or operator of that commercial motor
vehicle provides written proof to the court within 14 days after
the citation is issued showing that the defective equipment
indicated in the citation has been repaired.
(5) In order to be classified as a motor carrier enforcement
officer, a police officer must have training equal to the minimum
training requirements, including any annual training updates,
established by the department of state police for an officer of the
motor carrier division of the department of state police. A police
officer who has received training equal to these minimum training
requirements
before the effective date of this section May 15, 2000
is considered a motor carrier enforcement officer for purposes of
this act.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.