Michigan Laws 480.11a – Adoption of federal regulations; exceptions; definitions; applicability of act to bus operated by transit agency; applicability of subsection (1)(b) and sections 5(8) and 6(1); definitions
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Terms Used In Michigan Laws 480.11a
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) This state adopts the following provisions of title 49 of the code of federal regulations on file with the office of the secretary of state, except where modified by this act:
(a) Hazardous materials regulations under 49 C.F.R. § part parts 105 through 180 except for the transportation of agricultural products for which an exception from the application of subchapter C of chapter I of subtitle B of title 49 of the code of federal regulations and 49 C.F.R. part 172, subparts G and H, is provided under 49 C.F.R. § 173.5, is specifically authorized if the transportation is in compliance with this act and other state law.
(b) Motor carrier safety regulations under 49 C.F.R. § part parts 40, 356, 365, 368, 371 through 373, 375, 376, 379, 382, 383, 385, 387, 390 through 393, 395 through 399 including the appendices of each part, except for the following:
(i) Except as provided in this subparagraph, where the term “United States department of transportation”, “federal motor carrier safety administration”, “federal motor carrier safety administrator”, “director”, “bureau of motor carrier safety”, “pipeline and hazardous materials administration”, or “associate administrator for hazardous materials safety” appears, it refers to the department of state police. If the term is being used for the purposes of 49 C.F.R. part 397 as it relates to routing and movement of hazardous materials, it refers to the Michigan state transportation department.
(ii) Where “interstate” appears, it means intrastate or interstate, or both, as applicable, except as specifically provided in this act.
(iii) Where “special agent of the federal motor carrier safety administration”, “administration personnel”, or “hazardous materials enforcement specialist” appears, it either means a peace officer or an enforcement member of the motor carrier division of the department of state police.
(iv) Where MCS 63 appears, it means MC 9 and MC 9b.
(v) Where MCS 64 appears, it means UD-70.
(vi) Exempt intracity zones and the regulations applicable to exempt intracity zones do not apply to this act.
(2) This act does not apply to a bus operated by a public transit agency operating under any of the following:
(a) A county, city, township, or village as provided by law, or other authority incorporated under 1963 PA 55, MCL 124.351 to 124.359. Each authority and governmental agency incorporated under 1963 PA 55, MCL 124.351 to 124.359, has the exclusive jurisdiction to determine its own contemplated routes, hours of service, estimated transit vehicle miles, costs of public transportation services, and projected capital improvements or projects within its service area.
(b) An authority incorporated under the metropolitan transportation authorities act of 1967, 1967 PA 204, MCL 124.401 to 124.426, or that operates a transportation service under an interlocal agreement as that term is defined in section 2 of the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.502.
(c) A contract entered into under 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, 1986 PA 196, MCL 124.451 to 124.479, or a nonprofit corporation organized under the nonprofit corporation act, 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, 1933 PA 94, MCL 141.101 to 141.140.
(3) Except as otherwise provided in this subsection, subsection (1)(b) and sections 5(8) and 6(1) do not apply to a vehicle that is not a commercial motor vehicle as defined in 49 C.F.R. § 383.5 and that is operated in intrastate commerce as defined in 49 C.F.R. § 390.5. A vehicle to which subsection (1)(b) does not apply under this subsection remains subject to 49 C.F.R. § part parts 391 through 393.
(4) As used in this act:
(a) “Hazardous material vehicle inspection or repair facility” means a commercial enterprise that performs inspections, certification, testing, or repairs to commercial motor vehicles transporting hazardous materials as required by 49 C.F.R. § part parts 105 to 180 and includes motor carriers that perform the inspections, certification, testing, or repairs to vehicles owned or leased by the motor carrier.
(c) “State civil infraction” means that term as defined in section 113 of the revised judicature act of 1961, 1961 PA 236, MCL 600.113.