Michigan Laws 479.18 – Finding, order, or certificate; revocation, suspension, alteration, amendment, or modification; hearing; notice; assessment for violation; rehearing; service, effect, and review of orders; docket
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Terms Used In Michigan Laws 479.18
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Certificate of authority: means a certificate issued under this act to a motor carrier authorizing a transportation service. See Michigan Laws 475.1
- Commercial motor vehicle: means that term as defined in 49 USC 14504a. See Michigan Laws 475.1
- Commission: means the Michigan public service commission. See Michigan Laws 475.1
- Docket: A log containing brief entries of court proceedings.
- Motor carrier: means a motor carrier of general commodities or a motor carrier of household goods. 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
- Person: means an individual, partnership, association, or corporation, and their lessees, trustees, or receivers appointed by a court. See Michigan Laws 475.1
- 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) The commission may, upon application of any person or any motor carrier, or upon its own motion, and upon at least 10 days’ notice served personally, by mail, or electronically on the affected parties, for good cause and after an opportunity to show compliance with the requirements of this act regarding a certificate of authority, revoke, suspend, alter, amend, or modify any of its findings or orders. The commission may revoke a certificate only after like notice and opportunity to be heard and upon clear proof of good, just, and sufficient cause. A suspension of a finding or order under this subsection remains in effect until the motor carrier complies with the requirements of this act or the commission moves to revoke the motor carrier’s certificate. In addition, a person or motor carrier may be assessed an amount not to exceed $500.00 for each violation of this act, a rule promulgated or an order issued under this act, or a term or condition of a certificate of authority.
(2) The commission may grant a rehearing in a proceeding before it upon petition filed within the time allowed by law to bring proceedings for review. All orders entered under this section shall be served and take effect as provided in this act for original orders, and the time allowed by law to bring proceedings to review any order of the commission shall continue after the order denying the hearing or after the order made upon a rehearing. The commission shall keep a docket of all causes and proceedings under this act and, upon request and payment of a reasonable fee, shall furnish any interested party copies of an application, answer, petition, motion, order, finding, certificate, or permit on file with, or made or issued by it in any proceeding.
(3) The assessments collected under this section shall be deposited in the truck safety fund established in section 25 of 1951 PA 51, MCL 247.675.
(4) This chapter is applicable and uniform throughout this state and in all political subdivisions and local units of government in this state. A local unit of government shall not adopt, enact, or enforce a local law that is in conflict with this act.
(5) A local law or a portion of a local law that imposes a criminal penalty for an act or omission that is a civil infraction under this act, or that imposes a criminal penalty or civil sanction in excess of that prescribed in this act, is in conflict with this act and is void to the extent of the conflict.
(6) Except for a case in which the citation is dismissed under subsection (7), proceeds of a civil fine imposed by a local unit of government for violation of a local law regulating the operation of for-hire motor vehicles and corresponding to this act shall be paid to the county treasurer and allocated as follows:
(a) Seventy percent to the local unit of government in which the citation is issued.
(b) Thirty percent for library purposes as provided by law.
(7) 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 section 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 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.
(8) 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 is considered a motor carrier enforcement officer for purposes of this act.
(9) As used in this section:
(a) “Local law” means a local charter provision, ordinance, rule, or regulation.
(b) “Out of service” means that process established under the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25.