Terms Used In Michigan Laws > Chapters 475-479 > Act 254 of 1933 > Article III - Motor Carriers of Household Goods

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Beans: means Michigan dry, edible beans, except soybeans. See Michigan Laws 290.551
• Certificate of authority: means a certificate issued under this act to a motor carrier authorizing a transportation service. See Michigan Laws 475.1
• Certificate of conformance: means a document issued by the NCWM based on testing by a participating laboratory that constitutes evidence of conformance of a type. See Michigan Laws 290.602
• Commission: means the Michigan bean commission. See Michigan Laws 290.551
• Commission: means the Michigan public service commission. See Michigan Laws 475.1
• Commodity in package form: means a commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale including an individual item or lot of any commodity not in a form as described in this subdivision but upon which there is marked a selling price based on an established price per unit of weight or measure. See Michigan Laws 290.602
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer package: means a package that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption or use by individuals for the purposes of personal care or in performance of services ordinarily rendered in or about the household or in connection with personal possessions. See Michigan Laws 290.602
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of agriculture and rural development. See Michigan Laws 290.602
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Director: means the director of the department of agriculture and rural development. See Michigan Laws 290.551
• Director: means the director of the department or his or her designee. See Michigan Laws 290.602
• Emergency: means that term as defined in 49 C. See Michigan Laws 475.1
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• For hire: means for remuneration or reward of any kind, paid or promised, either directly or indirectly. See Michigan Laws 475.1
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Grower: means any business unit, including a family operation, sole proprietorship, partnership, corporation, company, association, trust, or other business organization engaged in the business of producing beans for sale within 1 of the past 3 years. See Michigan Laws 290.551
• Household goods: means personal effects and property used or to be used in a dwelling when a part of the equipment or supply of that dwelling. See Michigan Laws 475.1
• 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.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Local move: means a household goods shipment of 40 miles or less, from point of origin to point of destination, as determined by actual miles traveled by the motor carrier and verifiable by odometer reading or mileage guide in general public use. See Michigan Laws 475.1
• Motor carrier: means a motor carrier of general commodities or a motor carrier of household goods. See Michigan Laws 475.1
• Motor carrier of household goods: means a person that, either directly or through any device or arrangement, packs, loads, unloads, or transports household goods upon or over a public highway for the general public in exchange for payment. See Michigan Laws 475.1
• Motor vehicle: means an automobile, truck, trailer, semitrailer, truck tractor, road tractor, or a self-propelled or motor or mechanically driven vehicle, or a vehicle attached to, connected with, or drawn by a self-propelled or motor or mechanically driven vehicle, used upon a public highway of this state. See Michigan Laws 475.1
• NCWM: means the national conference on weights and measures, inc. See Michigan Laws 290.602
• Net weight: means the weight of a commodity excluding any materials, substances, or items not considered to be part of the commodity. See Michigan Laws 290.602
• NIST: means the United States Department of Commerce, National Institute of Standards and Technology. See Michigan Laws 290.602
• NTEP: means the national type evaluation program administered by the NCWM, in cooperation with the states, the private sector, and the NIST for determining on a uniform basis conformance of a type. See Michigan Laws 290.602
• Participating laboratory: means a state measurement laboratory that is accredited by NCWM to conduct a type evaluation under the NTEP and determined otherwise acceptable to the director. See Michigan Laws 290.602
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, partnership, association, or corporation, and their lessees, trustees, or receivers appointed by a court. See Michigan Laws 475.1
• person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
• Predatory rate: means a rate that is either below its fully allocated costs or in excess of reasonable industry standards. See Michigan Laws 475.1
• public: means the part or portion of the general public that a motor carrier is ready, able, willing, and equipped to serve. See Michigan Laws 475.1
• Public highway: means a public highway, road, street, avenue, alley, or thoroughfare of any kind, or a bridge, tunnel, or subway used by the public. See Michigan Laws 475.1
• Registered service agency: means an agency, firm, company, or corporation that installs, services, repairs, reconditions, or places into service commercial weights and measures and that holds a registration issued by the director. See Michigan Laws 290.602
• Registered serviceperson: means an individual who installs, services, repairs, reconditions, or places into service commercial weights and measures and who holds a registration issued by the director. See Michigan Laws 290.602
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rule: means an administrative rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 290.602
• sale: means sale, barter, or exchange. See Michigan Laws 290.602
• 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
• Type: means a model or models of a particular device measurement system, instrument, element, or a field standard that positively identifies the design and that may vary in its measurement ranges, size, performance, and operating characteristics as specified in the certificate of conformance. See Michigan Laws 290.602
• Type evaluation: means the testing, examination, and evaluation of a type by a participating laboratory under the NTEP. See Michigan Laws 290.602
• United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
• Weighing and measuring device: means all instruments and devices of every kind used to determine the quantity of any commodity and includes weights and measures and any appliance and accessories associated with any of these instruments and devices, except meters, appliances, and accessories that are part of a public utility regulated by the Michigan public service commission. See Michigan Laws 290.602
• Weights and measures: means weights and measures of every kind, instruments and devices for weighing and measuring, grain moisture meters, and any appliances and accessories associated with any or all of those instruments and devices. See Michigan Laws 290.602