reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapters 475 - 479 - Motor Carrier Act › Act 254 of 1933 - The Motor Carrier Act (475.1 - 479.49) › Article V - Policy of State, Exemptions, Limitations, General Regulations and Procedure; Penalties; Miscellaneous (479.1...479.21) › Section 479.5 - Certificate; Transfer.

479.5 Certificate; transfer.
Sec. 5.
Except as otherwise provided in this section, a certificate issued under this act is not a franchise and is not irrevocable, and shall not be assigned or otherwise transferred without the approval of the commission. Upon the death or bankruptcy of an individual holding a currently valid certificate, the commission shall authorize the transfer of the certificate to the legal representative of that individual upon due proof of his or her death or bankruptcy and upon due proof of the qualifications of the legal representative to act in the matter. This section does not abrogate the provisions of sections 10, 14 and 18 of this article, section 13 of article II, or section 11 of article III.
History:
1933, Act 254, Eff. Oct. 17, 1933 ;-- CL 1948, 479.5 ;-- Am. 1956, Act 164, Imd. Eff. Apr. 16, 1956 ;-- Am. 2014, Act 493, Eff. Apr. 1, 2015
2023 Michigan Compiled Laws › Chapters 475 - 479 - Motor Carrier Act › Act 254 of 1933 - The Motor Carrier Act (475.1 - 479.49) › Article V - Policy of State, Exemptions, Limitations, General Regulations and Procedure; Penalties; Miscellaneous (479.1...479.21) › Section 479.6 - Commission; Forms; Rules.

479.6 Commission; forms; rules.
Sec. 6.
The commission shall prescribe the forms of applications for certificates and permits, and promulgate rules regarding the contents and filing of applicants, and is empowered to administer and enforce this act, and to establish and enforce rules affecting the operations of all motor carriers subject to this act affecting their use of the highways, and affecting the conduct of investigations and hearings authorized in this act, and also with respect to all matters pertaining to the proper enforcement of this act. The rules shall be promulgated under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. The rules may be rescinded, suspended, modified, and amended at any time in the discretion of the commission and as provided in the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to effectuate the purposes of this act. All rules promulgated by the commission shall have the force and effect of law.
History:
1933, Act 254, Eff. Oct. 17, 1933 ;-- CL 1948, 479.6 ;-- Am. 1954, Act 28, Imd. Eff. Mar. 31, 1954 ;-- Am. 1967, Act 27, Imd. Eff. June 2, 1967 ;-- Am. 1982, Act 399, Imd. Eff. Dec. 28, 1982 ;-- Am. 2014, Act 493, Eff. Apr. 1, 2015
Admin Rule:
R 460.15001 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapters 475 - 479 - Motor Carrier Act › Act 254 of 1933 - The Motor Carrier Act (475.1 - 479.49) › Article V - Policy of State, Exemptions, Limitations, General Regulations and Procedure; Penalties; Miscellaneous (479.1...479.21) › Section 479.7 - Transportation of Household Goods; Issuance of Receipt or Bill of Lading; Liability; Filing of Claim; Disallowance.

479.7 Transportation of household goods; issuance of receipt or bill of lading; liability; filing of claim; disallowance.
Sec. 7.
(1) A motor carrier of household goods subject to this act shall issue a receipt or bill of lading for property it receives for transportation under this article. That carrier, as well as any other motor carrier of household goods that delivers the property subject to this act, is liable to the person entitled to recover under the receipt or bill of lading. The liability imposed under this subsection is for the actual loss or injury to the property caused by the carrier over whose line or route the property is transported in this state and applies to property reconsigned or diverted by a tariff under this act. Failure to issue a receipt or bill of lading does not affect the liability of the carrier.
(2) A motor carrier of household goods may not provide, by rule, contract, or otherwise, a period of less than 3 months for filing a claim against it under this section and a period of less than 2 years for bringing a civil action against it under this section. The period for bringing a civil action is computed from the date the carrier gives a claimant written notice that the carrier has disallowed any part of the claim specified in the notice.
(3) For purposes of this subsection, both of the following apply:
(a) An offer of compromise is not a disallowance of any part of the claim unless the carrier, in writing, informs the claimant that the part of the claim is disallowed and provides reasons for the disallowance.
(b) Communications received from a carrier's insurer are not a disallowance of any part of the claim unless the insurer, in writing, informs the claimant that the part of the claim is disallowed, provides reason for the disallowance, and informs the claimant that the insurer is acting on behalf of the carrier.
History:
Add. 2007, Act 33, Imd. Eff. July 10, 2007 ;-- Am. 2014, Act 493, Eff. Apr. 1, 2015
Compiler's Notes:
Former MCL 479.7, which pertained to accident reports, was repealed by 1982 PA 399, Imd. Eff. Dec. 28, 1982.
2023 Michigan Compiled Laws › Chapters 475 - 479 - Motor Carrier Act › Act 254 of 1933 - The Motor Carrier Act (475.1 - 479.49) › Article V - Policy of State, Exemptions, Limitations, General Regulations and Procedure; Penalties; Miscellaneous (479.1...479.21) › Section 479.9 - Insurance; Bonds; Compliance With Worker's Disability Compensation Act of 1969.

479.9 Insurance; bonds; compliance with worker's disability compensation act of 1969.
Sec. 9.
(1) The commission has full power and authority to make and shall make insurance or bond requirements for intrastate-only motor carriers of general commodities and motor carriers of household goods as it deems necessary to protect the interests of the public.
(2) A motor carrier subject to this act must demonstrate compliance with the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941, and shall demonstrate compliance to the commission under the following circumstances:
(a) Upon initial application for operating authority under this act.
(b) Upon request of the commission, if the motor carrier's worker's compensation insurance has lapsed.
(3) The commission shall work with the worker's compensation agency to implement the requirements of subsection (2).
History:
1933, Act 254, Eff. Oct. 17, 1933 ;-- CL 1948, 479.9 ;-- Am. 2008, Act 584, Imd. Eff. Jan. 16, 2009 ;-- Am. 2014, Act 493, Eff. Apr. 1, 2015
2023 Michigan Compiled Laws › Chapters 475 - 479 - Motor Carrier Act › Act 254 of 1933 - The Motor Carrier Act (475.1 - 479.49) › Article V - Policy of State, Exemptions, Limitations, General Regulations and Procedure; Penalties; Miscellaneous (479.1...479.21) › Section 479.10a - Lease, Contract, or Arrangement Under Which Holder Augments Equipment.

479.10a Lease, contract, or arrangement under which holder augments equipment.
Sec. 10a.
(1) The lease, contract, or arrangement under which a holder augments his or her equipment shall specify the period for which the equipment is to be operated, which shall not be less than 30 days, and shall include a provision that the vehicle has, within the immediately preceding 12 months, passed an inspection under the motor carrier safety act, 1963 PA 181, MCL 480.11 to 480.25, and 49 CFR part 396.
(2) The lease, contract, or arrangement shall specify the compensation to be paid by the lessee or party to the contract or arrangement for the rental or use of the equipment.
(3) The lease, contract, or arrangement shall specify the time and date or the circumstance on which the contract, lease, or other arrangement begins, and the time or circumstance on which it ends.
(4) The lease, contract, or arrangement shall vest in the holder of the vehicle exclusive possession and control of the vehicle for the entire term of the lease, contract, or arrangement.
(5) The lease, contract, or arrangement shall provide that any operation of the vehicle shall be conducted under the exclusive supervision, direction, and control of the holder.
(6) The lease, contract, or arrangement shall provide that the vehicle, at all times while being operated under the lease, contract, or arrangement, shall be operated only by employees of the holder.
(7) The lease, contract, or arrangement shall be in the manner, form, and further content as the commission requires by rule.
(8) The lease, contract, or arrangement shall be executed in quadruplicate, and the original shall be filed with the commission. One copy shall be retained by the authorized motor carrier in whose service the equipment is to be operated, 1 copy shall be retained by the owner of the equipment, and 1 copy shall be carried on the equipment specified in the lease, contract, or arrangement during the entire period of the contract, lease, or other arrangement.
(9) The provisions of subsection (1) do not apply to and are not required of or between movers of household goods, when the equipment is used to transport household goods as defined by the commission.
History:
Add. 1959, Act 232, Imd. Eff. Aug. 12, 1959 ;-- Am. 1982, Act 399, Imd. Eff. Dec. 28, 1982 ;-- Am. 1993, Act 352, Imd. Eff. Jan. 13, 1994 ;-- Am. 2014, Act 493, Eff. Apr. 1, 2015
2023 Michigan Compiled Laws › Chapters 475 - 479 - Motor Carrier Act › Act 254 of 1933 - The Motor Carrier Act (475.1 - 479.49) › Article V - Policy of State, Exemptions, Limitations, General Regulations and Procedure; Penalties; Miscellaneous (479.1...479.21) › Section 479.11 - Records, Books, Accounts, and Files of Motor Carrier; Examination, Production, and Preservation; Witnesses; Divulging of Information; Public Files and Reports; Inspection; Violation as Misdemeanor.

479.11 Records, books, accounts, and files of motor carrier; examination, production, and preservation; witnesses; divulging of information; public files and reports; inspection; violation as misdemeanor.
Sec. 11.
(1) The commission may examine all records, books, accounts, and files of a motor carrier to whom a certificate has been issued under this act having to do with the business of transportation conducted by the motor carrier. If ordered by the commission, the motor carrier shall produce at any hearing or proceeding before the commission the records, books, accounts, and files or other data or information for use at the hearing or proceeding. A motor carrier shall preserve the records, books, accounts, and files for at least 3 years, except that a motor carrier shall preserve delivery receipts, delivery records, and bills of lading for at least 1 year. The commission may compel the attendance and testimony of witnesses and do all things necessary to carry out and enforce this act.
(2) Except as otherwise provided by law, a member of the commission, clerk, officer, or employee of this state shall not divulge or make known to any person the operations, style of work, or any other information regarding the operations of a motor carrier visited or inspected by him or her in the discharge of his or her official duties, or permit any report, books, documents, accounts, files, or other data examined or inspected by him or her to be seen or examined by any person. The information obtained under this section is inviolate, except for the purposes of carrying out the provisions of this act. It is the express legislative intent to permit the use of the information by the commission, but to prevent its publication in any manner, except when lawfully presented in open hearings either before the commission or a member of the commission, or before a court of law. This section does not apply to public files of the commission pertaining to the application for and the certificate of any motor carrier, or to quarterly or other reports, which shall be open to inspection during office hours by any motor carrier, shipper, or consignee.
(3) A person who violates this section is guilty of a misdemeanor.
History:
1933, Act 254, Eff. Oct. 17, 1933 ;-- CL 1948, 479.11 ;-- Am. 1954, Act 28, Imd. Eff. Mar. 31, 1954 ;-- Am. 1962, Act 17, Eff. Mar. 28, 1963 ;-- Am. 1982, Act 399, Imd. Eff. Dec. 28, 1982 ;-- Am. 1994, Act 176, Imd. Eff. June, 20, 1994 ;-- Am. 2014, Act 493, Eff. Apr. 1, 2015
2023 Michigan Compiled Laws › Chapters 475 - 479 - Motor Carrier Act › Act 254 of 1933 - The Motor Carrier Act (475.1 - 479.49) › Article V - Policy of State, Exemptions, Limitations, General Regulations and Procedure; Penalties; Miscellaneous (479.1...479.21) › Section 479.12 - Impounding of Motor Vehicles, Release.

479.12 Impounding of motor vehicles, release.
Sec. 12.
Impounding. In order to prevent continued unlawful operation over the highways, the commission may direct the impounding of any motor vehicle of any motor carrier who fails or refuses to comply with all applicable law, the provisions of this act, and any lawful rule or regulation or order of the commission. Any inspector or any peace officer shall be empowered, upon an order of the commission, to impound such vehicles at the expense of the owner. Such vehicles may be released only upon order of the commission and payment by the owner of the reasonable impounding expenses.
History:
1933, Act 254, Eff. Oct. 17, 1933 ;-- CL 1948, 479.12
2023 Michigan Compiled Laws › Chapters 475 - 479 - Motor Carrier Act › Act 254 of 1933 - The Motor Carrier Act (475.1 - 479.49) › Article V - Policy of State, Exemptions, Limitations, General Regulations and Procedure; Penalties; Miscellaneous (479.1...479.21) › Section 479.13 - Enforcement of Act, Rules and Regulations; Assistance.

479.13 Enforcement of act, rules and regulations; assistance.
Sec. 13.
Enforcement and assistance. The commission may use any and all available legal and equitable remedies of a civil nature to enforce the provisions of this act or any lawful order, rule or regulation made in pursuance thereof. The commission is empowered to employ and appoint from time to time such experts, assistants, inspectors and other help as may be deemed necessary with the aid of the enforcing agencies of this state, to enable it at all times properly to administer and enforce this act. The inspectors so appointed by the commission shall have all the powers conferred upon peace officers by the general laws of this state. A record shall be kept by the commission showing the daily activities, violations found, and arrests made as to each inspector. No employee of the commission shall ask or receive any fee from any person for the taking of acknowledgements or any other service. It shall be the duty of the law enforcement department or agency of every division, branch or commission of the state government, and of every county and municipality within the state, to see that the provisions of this act, and the orders, rules and regulations of the commission thereunder are enforced; and every peace officer shall arrest, on sight or upon warrant, any person found violating or having violated, any provision of this act, or any order, rule or regulation of the commission; and it shall be the duty of the attorney general of the state and of the prosecuting attorneys of the counties of the state to prosecute all violations of this act, or any order, rule or regulation of the commission thereunder.
History:
1933, Act 254, Eff. Oct. 17, 1933 ;-- CL 1948, 479.13
Constitutionality:
Provision of this section giving inspectors appointed by the commission “all the powers conferred upon peace officers by the general laws of this state” exceeds the permitted scope of the title under which it appears and constitutes an object in addition to the singular object of the act, in violation of Const 1963, art IV, § 24. People v Carey, 382 Mich 285; 170 NW2d 145 (1969).
2023 Michigan Compiled Laws › Chapters 475 - 479 - Motor Carrier Act › Act 254 of 1933 - The Motor Carrier Act (475.1 - 479.49) › Article V - Policy of State, Exemptions, Limitations, General Regulations and Procedure; Penalties; Miscellaneous (479.1...479.21) › Section 479.14a - Commencement of Operations by Motor Carrier.

479.14a Commencement of operations by motor carrier.
Sec. 14a.
A motor carrier may not commence operations under permanent authority granted to it by the commission before a certificate has been issued.
History:
Add. 1943, Act 244, Imd. Eff. Apr. 22, 1943 ;-- CL 1948, 479.14a ;-- Am. 1982, Act 399, Imd. Eff. Dec. 28, 1982 ;-- Am. 1993, Act 352, Imd. Eff. Jan. 13, 1994 ;-- Am. 2014, Act 493, Eff. Apr. 1, 2015
2023 Michigan Compiled Laws › Chapters 475 - 479 - Motor Carrier Act › Act 254 of 1933 - The Motor Carrier Act (475.1 - 479.49) › Article V - Policy of State, Exemptions, Limitations, General Regulations and Procedure; Penalties; Miscellaneous (479.1...479.21) › Section 479.15 - Powers of Commissioners; Disobedience of or Wilful Failure to Comply With Order or Subpoena; Refusal of Witness to Testify; Witness Fees and Mileage; Depositions; Record of Proceedings.

479.15 Powers of commissioners; disobedience of or wilful failure to comply with order or subpoena; refusal of witness to testify; witness fees and mileage; depositions; record of proceedings.
Sec. 15.
(1) Each of the commissioners, for the purposes mentioned in this act, shall have power to administer oaths, certify to official acts, issue subpoenas, compel the attendance of witnesses, and the production of papers, waybills, books, accounts, documents, and testimony. In case of disobedience on the part of any person or persons, or wilful failure to comply with any order of the commission or any commissioner or any subpoena, or upon the refusal of any witness to testify regarding any matter upon which the witness may be lawfully interrogated, or to produce any books or papers in the witness's custody or control which the witness shall have been required by any commissioner to produce, a judge of the circuit court, upon application of a commissioner, shall compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the court, or a refusal to testify in the court.
(2) Each witness who appears before the commission by its order shall receive for his or her attendance the fees and mileage now provided for witnesses in civil cases in circuit court, which shall be audited and paid by the state in the same manner as other expenses are audited and paid, upon the presentation of proper vouchers sworn to by the witnesses and approved by the chairperson of the commission. A witness subpoenaed at the instance of parties other than the commission, shall not be entitled to compensation from the state for attendance and travel, unless the commission certifies that his or her testimony was material and necessary to the matter investigated.
(3) The commission or any party, in any investigation, may cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the circuit courts.
(4) A full and complete record of all proceedings had before the commission on any investigation upon complaint, or upon its own motion, shall be kept.
History:
1933, Act 254, Eff. Oct. 17, 1933 ;-- CL 1948, 479.15 ;-- Am. 1982, Act 399, Imd. Eff. Dec. 28, 1982
2023 Michigan Compiled Laws › Chapters 475 - 479 - Motor Carrier Act › Act 254 of 1933 - The Motor Carrier Act (475.1 - 479.49) › Article V - Policy of State, Exemptions, Limitations, General Regulations and Procedure; Penalties; Miscellaneous (479.1...479.21) › Section 479.16 - Violation of Act or Failure to Obey Order, Decision, or Rule of Commission; Misdemeanor; Penalty; Prosecution.

479.16 Violation of act or failure to obey order, decision, or rule of commission; misdemeanor; penalty; prosecution.
Sec. 16.
Each person to whom this act applies, who violates or who procures, aids, or abets, in the violation of this act, or who fails to obey an order, decision, or rule of the commission, or who procures or aids or abets a person in his or her failure to obey an order, decision, or rule, for which a penalty is not otherwise provided in this act, is guilty of a misdemeanor, punishable by a fine of not exceeding $500.00, or imprisonment for not more than 90 days, or both. When this act, or an order or decision of the commission has been violated, the offense may be prosecuted in any county, city, or jurisdiction in or through which any motor vehicle implicated was present at the time of the violation.
History:
1933, Act 254, Eff. Oct. 17, 1933 ;-- Am. 1945, Act 264, Eff. Sept. 6, 1945 ;-- CL 1948, 479.16 ;-- Am. 1982, Act 399, Imd. Eff. Dec. 28, 1982
2023 Michigan Compiled Laws › Chapters 475 - 479 - Motor Carrier Act › Act 254 of 1933 - The Motor Carrier Act (475.1 - 479.49) › Article V - Policy of State, Exemptions, Limitations, General Regulations and Procedure; Penalties; Miscellaneous (479.1...479.21) › Section 479.17 - Repealed. 1982, Act 399, Imd. Eff. Dec. 28, 1982.

479.17 Repealed. 1982, Act 399, Imd. Eff. Dec. 28, 1982.
Compiler's Notes:
The repealed section pertained to certificates and permits issued under authority of previous acts.
2023 Michigan Compiled Laws › Chapters 475 - 479 - Motor Carrier Act › Act 254 of 1933 - The Motor Carrier Act (475.1 - 479.49) › Article V - Policy of State, Exemptions, Limitations, General Regulations and Procedure; Penalties; Miscellaneous (479.1...479.21) › Section 479.19 - Injunctive Relief.

479.19 Injunctive relief.
Sec. 19.
Injunction. Upon the violation of any provision of this act or upon the violation of any rule, regulation, or order of the commission, any judge of the circuit court of any county where such violation occurs shall have the power to restrain and enjoin the person from further violating any of the said rules, regulations, and orders. Such injunctive relief may be granted upon the application of the commission, the attorney general, the prosecuting attorney of any county, or any person, or any mercantile, agricultural, or manufacturing society or other organization, or any body politic or municipal organization, or any motor carrier aggrieved. No bond shall be required when such injunctive relief is sought upon the application of the commission, the attorney general, or the prosecuting attorney of any county.
History:
1933, Act 254, Eff. Oct. 17, 1933 ;-- CL 1948, 479.19
2023 Michigan Compiled Laws › Chapters 475 - 479 - Motor Carrier Act › Act 254 of 1933 - The Motor Carrier Act (475.1 - 479.49) › Article V - Policy of State, Exemptions, Limitations, General Regulations and Procedure; Penalties; Miscellaneous (479.1...479.21) › Section 479.20 - Review of Order or Decree.

479.20 Review of order or decree.
Sec. 20.
Any order or decree of the commission shall be subject to review in the manner provided for in section 26 of Act No. 300 of the Public Acts of 1909, being section 462.26 of the Michigan Compiled Laws.
History:
1933, Act 254, Eff. Oct. 17, 1933 ;-- Am. 1939, Act 261, Eff. Jan. 10, 1942 ;-- Am. 1943, Act 244, Imd. Eff. Apr. 22, 1943 ;-- CL 1948, 479.20 ;-- Am. 1951, Act 150, Eff. Sept. 28, 1951 ;-- Am. 1982, Act 399, Imd. Eff. Dec. 28, 1982 ;-- Am. 1987, Act 9, Eff. Apr. 1, 1987
2023 Michigan Compiled Laws › Chapters 475 - 479 - Motor Carrier Act › Act 254 of 1933 - The Motor Carrier Act (475.1 - 479.49) › Article V - Policy of State, Exemptions, Limitations, General Regulations and Procedure; Penalties; Miscellaneous (479.1...479.21) › Section 479.21 - Motor Carrier Transportation Contract; Certain Provisions, Clauses, Covenants, or Agreements Void and Unenforceable; Certain Agreements Exempt; Definitions.

479.21 Motor carrier transportation contract; certain provisions, clauses, covenants, or agreements void and unenforceable; certain agreements exempt; definitions.
Sec. 21.
(1) A provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable.
(2) This section does not apply to the uniform intermodal interchange and facilities access agreement administered by the intermodal association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis or other intermodal equipment.
(3) As used in this section:
(a) "Motor carrier transportation contract" means a contract, agreement, or understanding for any of the following:
(i) The transportation of property for compensation or hire by a motor carrier.
(ii) Entrance on property by a motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire.
(iii) A service incidental to activity described in subparagraphs (i) and (ii), including, but not limited to, the storage of property.
(b) "Promisee" means a party to a motor carrier transportation contract who is not a motor carrier or, if the promisee is a motor carrier, a party to a motor carrier transportation contract who is not transporting property for compensation or hire. Promisee includes agents, employees, servants, and independent contractors who are directly responsible to the promisee.
History:
Add. 2012, Act 480, Eff. Mar. 28, 2013
2023 Michigan Compiled Laws › Chapters 475 - 479 - Motor Carrier Act › Act 254 of 1933 - The Motor Carrier Act (475.1 - 479.49) › Article VI - (479.41...479.49) › Section 479.41 - Duties of Commission; Rules.

479.41 Duties of commission; rules.
Sec. 1.
The commission shall supervise and regulate the safety of operations of each motor carrier. The commission may promulgate rules for the purpose of promoting safety upon the highways and the conservation of their use.
History:
Add. 1993, Act 352, Imd. Eff. Jan. 13, 1994
Compiler's Notes:
Former MCL 479.41, which pertained to commercial zone registration, was repealed by Act 399 of 1982, Imd. Eff. Dec. 28, 1982.
2023 Michigan Compiled Laws › Chapters 475 - 479 - Motor Carrier Act › Act 254 of 1933 - The Motor Carrier Act (475.1 - 479.49) › Article VI - (479.41...479.49) › Section 479.42 - Review by Department of State Police; Determination of Compliance; Report.

479.42 Review by department of state police; determination of compliance; report.
Sec. 2.
No later than 60 days after receiving a request from the commission, the department of state police shall complete a review of the operation of an intrastate motor carrier to determine whether the carrier is in compliance with applicable safety related laws and rules and issue a report within 60 days after completion of its review to the commission.
History:
Add. 1993, Act 352, Imd. Eff. Jan. 13, 1994 ;-- Am. 2014, Act 493, Eff. Apr. 1, 2015
Compiler's Notes:
Former MCL 479.42, which pertained to application for registration, was repealed by Act 399 of 1982, Imd. Eff. Dec. 28, 1982.
2023 Michigan Compiled Laws › Chapters 475 - 479 - Motor Carrier Act › Act 254 of 1933 - The Motor Carrier Act (475.1 - 479.49) › Article VI - (479.41...479.49) › Section 479.43 - Repealed. 2014, Act 493, Eff. Apr. 1, 2015.

479.43 Repealed. 2014, Act 493, Eff. Apr. 1, 2015.
Compiler's Notes:
The repealed section pertained to development and implementation by rule or order of motor carrier safety rating system.
2023 Michigan Compiled Laws › Chapters 475 - 479 - Motor Carrier Act › Act 254 of 1933 - The Motor Carrier Act (475.1 - 479.49) › Article VI - (479.41...479.49) › Section 479.44-479.49 - Repealed. 1982, Act 399, Imd. Eff. Dec. 28, 1982.

479.44-479.49 Repealed. 1982, Act 399, Imd. Eff. Dec. 28, 1982.
Compiler's Notes:
The repealed sections pertained to granting or denial of application, fees, rates, combining operations under commercial zone registration, renewal of operations, and applicability of article.
2023 Michigan Compiled Laws › Chapter 480 - Motor Carrier Safety › Act 181 of 1963 - Motor Carrier Safety Act of 1963 (480.11 - 480.25) › Section 480.11 - Motor Carrier Safety Act; Short Title.

480.11 Motor carrier safety act; short title.
Sec. 1.
This act shall be known as the “motor carrier safety act of 1963”.
History:
1963, Act 181, Eff. Sept. 6, 1963
Compiler's Notes:
For transfer of Public Service Commission highway enforcement functions relating to motor carriers to Department of State Police, see E.R.O. No. 1982-1, compiled at MCL 28.21 of the Michigan Compiled Laws.For transfer of powers and duties of public service commission, department of licensing and regulatory affairs, under motor carrier safety act, 1963 PA 181, to Michigan state police, see E.R.O. No. 2015-3, compiled at MCL 460.21.
2023 Michigan Compiled Laws › Chapter 480 - Motor Carrier Safety › Act 181 of 1963 - Motor Carrier Safety Act of 1963 (480.11 - 480.25) › Section 480.11b - Repealed. 2005, Act 177, Imd. Eff. Oct. 20, 2005.

480.11b Repealed. 2005, Act 177, Imd. Eff. Oct. 20, 2005.
Compiler's Notes:
The repealed section pertained to the motor carrier safety appeal board.
2023 Michigan Compiled Laws › Chapter 480 - Motor Carrier Safety › Act 181 of 1963 - Motor Carrier Safety Act of 1963 (480.11 - 480.25) › Section 480.12 - Repealed. 1984, Act 23, Imd. Eff. Mar. 8, 1984.

480.12 Repealed. 1984, Act 23, Imd. Eff. Mar. 8, 1984.
Compiler's Notes:
The repealed section pertained to hour limitations for person driving truck or truck tractor.
2023 Michigan Compiled Laws › Chapter 480 - Motor Carrier Safety › Act 181 of 1963 - Motor Carrier Safety Act of 1963 (480.11 - 480.25) › Section 480.12a-480.12c - Repealed. 2005, Act 177, Imd. Eff. Oct. 20, 2005.

480.12a-480.12c Repealed. 2005, Act 177, Imd. Eff. Oct. 20, 2005.
Compiler's Notes:
The repealed sections pertained to qualifications of persons operating certain motor vehicles and safety standards for certain equipment, devices, and facilities.
2023 Michigan Compiled Laws › Chapter 480 - Motor Carrier Safety › Act 181 of 1963 - Motor Carrier Safety Act of 1963 (480.11 - 480.25) › Section 480.12d - Person Qualified to Operate Commercial Motor Vehicle.

480.12d Person qualified to operate commercial motor vehicle.
Sec. 2d.
(1) A person shall not operate a commercial motor vehicle unless he or she is qualified to operate that vehicle. A motor carrier shall not require or permit a person to operate a commercial motor vehicle unless that person is qualified to operate that vehicle.
(2) In the case of intrastate transportation, a person is qualified to operate a commercial motor vehicle if he or she meets all of the requirements of 49 CFR parts 383 and 391, except all of the following provisions:
(a) Except as otherwise provided in subdivision (b), the person is at least 18 years old when transporting intrastate property or passengers.
(b) The person is at least 21 years old when transporting hazardous materials in a quantity that requires the vehicle to be marked or placarded under 49 CFR parts 105 to 180.
(c) The person is eligible for and displays a valid medical waiver card, is excepted from the medical waiver card provisions under this act, or, until December 31, 2014, displays a grandfather rights card issued in accordance with this act.
History:
Add. 1990, Act 339, Eff. Apr. 2, 1991 ;-- Am. 1995, Act 265, Imd. Eff. Jan. 8, 1996 ;-- Am. 2005, Act 177, Imd. Eff. Oct. 20, 2005 ;-- Am. 2011, Act 160, Imd. Eff. Sept. 30, 2011
Compiler's Notes:
Former MCL 480.12d, which pertained to the promulgation of qualifications, rules, and standards by the public service commission, was repealed by Act 23 of 1984, Imd. Eff. Mar. 8, 1984.For transfer of powers and duties of public service commission, department of licensing and regulatory affairs, under motor carrier safety act, 1963 PA 181, to Michigan state police, see E.R.O. No. 2015-3, compiled at MCL 460.21.
2023 Michigan Compiled Laws › Chapter 480 - Motor Carrier Safety › Act 181 of 1963 - Motor Carrier Safety Act of 1963 (480.11 - 480.25) › Section 480.12e - Person Applying to Operate Commercial Motor Vehicle; Providing List of Applicant's Former Employers and Related Information.

480.12e Person applying to operate commercial motor vehicle; providing list of applicant's former employers and related information.
Sec. 2e.
A person who applies to operate a commercial motor vehicle as defined by section 7a of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being section 257.7a of the Michigan Compiled Laws, shall submit a list of the names and addresses of the applicant's employers during the 7-year period preceding the 3-year period required by 49 C.F.R. 391.21(b)(10) for which the applicant was an operator of a commercial motor vehicle, together with the dates of employment and the reasons for leaving such employment.
History:
Add. 1990, Act 339, Eff. Apr. 2, 1991
Compiler's Notes:
For transfer of powers and duties of public service commission, department of licensing and regulatory affairs, under motor carrier safety act, 1963 PA 181, to Michigan state police, see E.R.O. No. 2015-3, compiled at MCL 460.21.
2023 Michigan Compiled Laws › Chapter 480 - Motor Carrier Safety › Act 181 of 1963 - Motor Carrier Safety Act of 1963 (480.11 - 480.25) › Section 480.12f - Motor Carrier; Review of Driving Records Required; Exception.

480.12f Motor carrier; review of driving records required; exception.
Sec. 2f.
Except as provided in this act, each motor carrier shall, at least once every 12 months, review a copy of the driver's record from each state in which the driver held a license during the preceding year to determine whether that driver meets minimum requirements for safe driving or is disqualified to drive a commercial motor vehicle pursuant to 49 C.F.R. 391.15. In reviewing a driving record, the motor carrier shall consider any evidence that the driver has violated applicable provisions of the federal motor carrier safety regulations and the hazardous materials regulations. The motor carrier shall also consider the driver's accident record and any evidence that the driver has violated laws governing the operation of motor vehicles, and shall give great weight to violations, such as speeding, reckless driving, and operating while under the influence of alcohol or drugs, that indicate that the driver has exhibited a disregard for the safety of the public. A note setting forth the date upon which the review was performed and the name of the person who reviewed the driving record shall be included in the driver's qualification file.
History:
Add. 1990, Act 339, Eff. Apr. 2, 1991 ;-- Am. 1995, Act 265, Imd. Eff. Jan. 8, 1996
Compiler's Notes:
For transfer of powers and duties of public service commission, department of licensing and regulatory affairs, under motor carrier safety act, 1963 PA 181, to Michigan state police, see E.R.O. No. 2015-3, compiled at MCL 460.21.
2023 Michigan Compiled Laws › Chapter 480 - Motor Carrier Safety › Act 181 of 1963 - Motor Carrier Safety Act of 1963 (480.11 - 480.25) › Section 480.12g, 480.12h - Repealed. 1995, Act 265, Imd. Eff. Jan. 8, 1996;—2005, Act 177, Imd. Eff. Oct. 20, 2005.

480.12g, 480.12h Repealed. 1995, Act 265, Imd. Eff. Jan. 8, 1996;—2005, Act 177, Imd. Eff. Oct. 20, 2005.
Compiler's Notes:
The repealed sections pertained to road tests and written examination.
2023 Michigan Compiled Laws › Chapter 480 - Motor Carrier Safety › Act 181 of 1963 - Motor Carrier Safety Act of 1963 (480.11 - 480.25) › Section 480.12i-480.12w - Repealed. 2005, Act 177, Imd. Eff. Oct. 20, 2005.

480.12i-480.12w Repealed. 2005, Act 177, Imd. Eff. Oct. 20, 2005.
Compiler's Notes:
The repealed sections pertained to qualifications of and requirements for certain drivers of motor carriers and farm vehicles.
2023 Michigan Compiled Laws › Chapter 480 - Motor Carrier Safety › Act 181 of 1963 - Motor Carrier Safety Act of 1963 (480.11 - 480.25) › Section 480.13a - Trailers or Trailer-Vehicle Combinations; Surge Brakes Equipment for Intrastate Operation.

480.13a Trailers or trailer-vehicle combinations; surge brakes equipment for intrastate operation.
Sec. 3a.
Trailers with a gross vehicle weight or gross vehicle weight rating of 15,000 pounds or less or trailer-vehicle combinations with an actual gross vehicle weight or a gross vehicle weight rating of 26,000 pounds or less may be equipped with surge brakes for intrastate operation as allowed by section 705(1)(c) of the Michigan vehicle code, 1949 PA 300, MCL 257.705.
History:
Add. 2000, Act 213, Imd. Eff. June 27, 2000
Compiler's Notes:
For transfer of powers and duties of public service commission, department of licensing and regulatory affairs, under motor carrier safety act, 1963 PA 181, to Michigan state police, see E.R.O. No. 2015-3, compiled at MCL 460.21.
2023 Michigan Compiled Laws › Chapter 480 - Motor Carrier Safety › Act 181 of 1963 - Motor Carrier Safety Act of 1963 (480.11 - 480.25) › Section 480.14, 480.14a - Repealed. 2011, Act 160, Eff. Dec. 31, 2014.

480.14, 480.14a Repealed. 2011, Act 160, Eff. Dec. 31, 2014.
Compiler's Notes:
The repealed sections pertained to exceptions to act and federal provisions and issuance of new grandfather cards.
2023 Michigan Compiled Laws › Chapter 480 - Motor Carrier Safety › Act 181 of 1963 - Motor Carrier Safety Act of 1963 (480.11 - 480.25) › Section 480.16 - Motor Carriers; Submission of Documents to Motor Carrier Officer; Inspection of Cargo.

480.16 Motor carriers; submission of documents to motor carrier officer; inspection of cargo.
Sec. 6.
(1) Motor carriers shall submit, upon demand, all their transportation safety related documents, such as all records and information pertaining to any accident, drivers' records of duty status, bills of lading, shipping records, driver time and payroll records, driver qualification records, vehicle maintenance records, and equipment for inspection or copying during regular business hours to any enforcement member of the motor carrier division displaying a valid Michigan department of state police, motor carrier division identification card.
(2) Hazardous materials vehicle inspection and repair facilities shall submit, upon demand, all their transportation safety related documents as required by this act, such as hazardous materials tank certification and repair documents, and annual inspection certification documents to any enforcement member of the motor carrier division displaying a valid Michigan department of state police motor carrier division identification card.
(3) A motor carrier or a hazardous material vehicle inspection or repair facility operating within this state with main offices in another state or province shall submit all transportation safety related documents as outlined in subsection (1) for inspection and copying within 10 working days after receiving formal notification requesting the documents.
(4) An enforcement member of the motor carrier division of the department of state police displaying valid identification may, without a warrant, require the cargo carrying portion of a vehicle to be opened for inspection of the cargo, any object within that portion of the vehicle, or the interior of the vehicle or any compartment within the interior of the vehicle. If a commercial motor vehicle is inspected by breaking the load seal, then the enforcement member shall give to the driver a signed receipt of inspection and the enforcement member shall be responsible for applying a state of Michigan seal.
History:
Add. 1990, Act 339, Eff. Apr. 2, 1991 ;-- Am. 1995, Act 265, Imd. Eff. Jan. 8, 1996 ;-- Am. 2005, Act 177, Imd. Eff. Oct. 20, 2005
Compiler's Notes:
Former MCL 480.16, which pertained to exemptions from this act, was repealed by Act 23 of 1984, Imd. Eff. Mar. 8, 1984.For transfer of powers and duties of public service commission, department of licensing and regulatory affairs, under motor carrier safety act, 1963 PA 181, to Michigan state police, see E.R.O. No. 2015-3, compiled at MCL 460.21.
2023 Michigan Compiled Laws › Chapter 480 - Motor Carrier Safety › Act 181 of 1963 - Motor Carrier Safety Act of 1963 (480.11 - 480.25) › Section 480.17 - Violation of Act or Rules; Penalty.

480.17 Violation of act or rules; penalty.
Sec. 7.
(1) Except as provided in sections 7b, 7c, and 7d, any person, driver, or motor carrier as defined by 49 CFR 390.5 who violates this act or a rule promulgated under this act, or permits or requires any person to violate this act or a rule promulgated under this act, is responsible for a state civil infraction and may be ordered to pay a fine of not more than $250.00 for each violation.
(2) A peace officer or an enforcement member of the motor carrier division of the department of state police, upon probable cause to believe that a motor vehicle is being operated in violation of this act or a rule promulgated under this act, may stop the motor vehicle and inspect the motor vehicle. If a violation is found, the officer may issue a notice to appear for that violation.
(3) An enforcement member of the motor carrier division of the department of state police, upon notification of a valid out-of-service order upon a motor carrier issued by the United States department of transportation, by a state or a political subdivision of a state, by the Canadian or Mexican government, or by the government of a province of Canada, may stop and detain any vehicle operated by the motor carrier and place the vehicle and driver out of service pursuant to the order. A driver or motor carrier operating a vehicle in violation of an out-of-service order is responsible for a state civil infraction and shall be assessed a fine of not more than $500.00.
History:
1963, Act 181, Eff. Sept. 6, 1963 ;-- Am. 1973, Act 171, Eff. Mar. 29, 1974 ;-- Am. 1984, Act 23, Imd. Eff. Mar. 8, 1984 ;-- Am. 1988, Act 353, Eff. Apr. 1, 1989 ;-- Am. 1988, Act 360, Imd. Eff. Dec. 7, 1988 ;-- Am. 1990, Act 339, Eff. Apr. 2, 1991 ;-- Am. 1995, Act 265, Imd. Eff. Jan. 8, 1996 ;-- Am. 2000, Act 98, Imd. Eff. May 15, 2000 ;-- Am. 2005, Act 177, Imd. Eff. Oct. 20, 2005
Compiler's Notes:
For transfer of powers and duties of public service commission, department of licensing and regulatory affairs, under motor carrier safety act, 1963 PA 181, to Michigan state police, see E.R.O. No. 2015-3, compiled at MCL 460.21.
2023 Michigan Compiled Laws › Chapter 480 - Motor Carrier Safety › Act 181 of 1963 - Motor Carrier Safety Act of 1963 (480.11 - 480.25) › Section 480.17a - Rules; Rescission.

480.17a Rules; rescission.
Sec. 7a.
The department of state police may promulgate rules necessary to the accomplishment of the purpose of this act. The administrative rules promulgated and filed with the secretary of state on June 22, 1984 and any subsequent revisions to those rules were rescinded effective January 1, 1996 by 1995 PA 265.
History:
Add. 1988, Act 359, Imd. Eff. Dec. 7, 1988 ;-- Am. 2005, Act 177, Imd. Eff. Oct. 20, 2005
Compiler's Notes:
For transfer of powers and duties of public service commission, department of licensing and regulatory affairs, under motor carrier safety act, 1963 PA 181, to Michigan state police, see E.R.O. No. 2015-3, compiled at MCL 460.21.
2023 Michigan Compiled Laws › Chapter 480 - Motor Carrier Safety › Act 181 of 1963 - Motor Carrier Safety Act of 1963 (480.11 - 480.25) › Section 480.17b - Penalties; "Serious Safety Defect" Defined.

480.17b Penalties; "serious safety defect" defined.
Sec. 7b.
(1) A driver, person, or motor carrier as defined by 49 CFR 390.5 who operates or who requires or permits the driver to operate a commercial motor vehicle with a serious safety defect in violation of this act or a rule promulgated under this act is responsible for a state civil infraction and shall be assessed a fine of not more than $500.00 for each violation. A fine ordered to be paid by the district court under this subsection shall be paid to the county treasurer and applied for library purposes as provided by law. A fine ordered to be paid by a municipal court shall be paid to the treasurer of the political subdivision whose ordinance is violated.
(2) As used in this section, "serious safety defect" means a violation of this act or a rule promulgated pursuant to this act relative to brakes, tires, steering, coupling devices, headlights, taillights, brake lights, and turn signals that results in the vehicle being placed out of service.
History:
Add. 1988, Act 353, Eff. Apr. 1, 1989 ;-- Am. 1990, Act 339, Eff. Apr. 2, 1991 ;-- Am. 2000, Act 98, Imd. Eff. May 15, 2000 ;-- Am. 2005, Act 177, Imd. Eff. Oct. 20, 2005
Compiler's Notes:
For transfer of powers and duties of public service commission, department of licensing and regulatory affairs, under motor carrier safety act, 1963 PA 181, to Michigan state police, see E.R.O. No. 2015-3, compiled at MCL 460.21.
2023 Michigan Compiled Laws › Chapter 480 - Motor Carrier Safety › Act 181 of 1963 - Motor Carrier Safety Act of 1963 (480.11 - 480.25) › Section 480.17c - Transporting Package Relating to Hazardous Material Required to Be Marked or Labeled; Violation; Penalty; Owner or User of Hazardous Materials Vehicle Inspection or Repair Facility; Violation as Misdemeanor.

480.17c Transporting package relating to hazardous material required to be marked or labeled; violation; penalty; owner or user of hazardous materials vehicle inspection or repair facility; violation as misdemeanor.
Sec. 7c.
(1) A person who operates or who requires or permits a person to operate a commercial motor vehicle in violation of this act or a rule promulgated under this act related to the transportation of hazardous materials if the vehicle is transporting a package required to be marked or labeled under 49 CFR parts 100 to 180 is responsible for a state civil infraction and may be ordered to pay a fine of not more than $500.00 for each violation.
(2) A person or entity identified in subsection (1) who knowingly or willfully violates this act or a rule promulgated under this act is, upon conviction, guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both, for each violation.
(3) A person or entity identified in subsection (1) who causes injury or death during a violation of this act, while a vehicle identified in subsection (1) that is transporting a package required to be marked or labeled under 49 CFR parts 100 to 180 is used, is, upon conviction, guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both, for each violation.
(4) An officer, employee, owner, or agent of an individual, partnership, corporation, or association, or their lessees or receiver appointed by a court that is the owner or user of any hazardous materials vehicle inspection or repair facility that violates a section of this act, or a rule promulgated under this act, related to the transportation of hazardous materials, is guilty of a misdemeanor punishable as prescribed in this section.
History:
Add. 1995, Act 265, Imd. Eff. Jan. 8, 1996 ;-- Am. 2000, Act 98, Imd. Eff. May 15, 2000 ;-- Am. 2002, Act 118, Eff. May 1, 2002 ;-- Am. 2004, Act 168, Imd. Eff. June 24, 2004 ;-- Am. 2005, Act 177, Imd. Eff. Oct. 20, 2005
Compiler's Notes:
For transfer of powers and duties of public service commission, department of licensing and regulatory affairs, under motor carrier safety act, 1963 PA 181, to Michigan state police, see E.R.O. No. 2015-3, compiled at MCL 460.21.
2023 Michigan Compiled Laws › Chapter 480 - Motor Carrier Safety › Act 181 of 1963 - Motor Carrier Safety Act of 1963 (480.11 - 480.25) › Section 480.18 - Venue.

480.18 Venue.
Sec. 8.
When this act or a rule promulgated under this act has been violated, the offense may be prosecuted in any county, city, or jurisdiction in or through which the motor vehicle, driver, or operator implicated was situated or passed when the offense was committed.
History:
1963, Act 181, Eff. Sept. 6, 1963 ;-- Am. 1984, Act 23, Imd. Eff. Mar. 8, 1984
Compiler's Notes:
For transfer of powers and duties of public service commission, department of licensing and regulatory affairs, under motor carrier safety act, 1963 PA 181, to Michigan state police, see E.R.O. No. 2015-3, compiled at MCL 460.21.