Michigan Laws 474.107 – Authority; issuance; findings; terms or conditions; application requirements; failure to correct noncompliance; outstanding fees; good standing required; denial of application; notice; correction
Current as of: 2024 | Check for updates
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Terms Used In Michigan Laws 474.107
- Applicant: means a person who applies for an authority under this act. See Michigan Laws 474.103
- Authority: means an authority issued under this act. See Michigan Laws 474.103
- Authorized vehicle: means a vehicle operated by a motor carrier that complies with all requirements of this act. See Michigan Laws 474.103
- Department: means the state transportation department. See Michigan Laws 474.103
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Motor carrier: means a person who, either directly or through any device or arrangement, holds himself or herself out to the public as willing to transport passengers for hire by bus over the public highways of this state. See Michigan Laws 474.103
- Roster: means a list of buses to be operated for hire by a motor carrier that is authorized or seeking authorization under this act and that indicates all of the following information:
(i) The vehicle identification number, make, model, fleet number, and year of each vehicle. See Michigan Laws 474.103Service: means the movement of passengers by bus. See Michigan Laws 474.103
(1) The department shall issue without a hearing an authority to a motor carrier authorizing that carrier to provide transportation services subject to the jurisdiction of the department under this act, if the department finds that the motor carrier is fit, willing, and able to provide the transportation service authorized by the authority in compliance with this act. The department may attach terms or conditions to the exercise of the privilege granted by an authority as the department considers appropriate.
(2) An application for an authority is not complete unless the applicant has complied with all applicable provisions of this act and with the application requirements of the department. If an applicant fails to comply with the application requirements of the department and fails to correct its noncompliance within 60 days after the initial application date, the application shall be canceled and any application fees paid by the applicant are forfeited.
(3) The department shall not issue or renew an authority to a motor carrier if the motor carrier owes outstanding fees to the department.
(4) An authority covers a motor carrier and the authorized vehicles listed on the roster of the motor carrier. A motor carrier and at least 1 vehicle on its roster shall remain in good standing during the time period covered by the authority or the authority is automatically revoked. To remain in good standing as required by this subsection, a motor carrier shall do all of the following:
(a) Submit an accurate roster to the department and notify the department of any changes to the roster.
(b) Pay all fees by the due date.
(c) Maintain insurance for each authorized vehicle on the roster.
(d) Ensure that each authorized vehicle on the roster complies with the inspection requirements of this act.
(5) If the department denies an application for an authority, the department shall notify the applicant of the denial in writing and the reasons for the denial. An applicant whose application is denied may, within 30 days after the date of the denial, correct any deficiency in the application and reapply for an authority without payment of an additional application fee.