reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Inspection of Nonpublic Motor Vehicles › Section R. 257.955 - Inspection of school bus, bus, or motor vehicle; rejection for use in transporting passengers; affixing of stickers to unsafe, unsatisfactory, or satisfactory vehicles required

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) The
				inspection of a school bus, bus, or other motor vehicle will be accomplished
				annually, and more frequently if defects are found in the organization's
				vehicles, to determine if the vehicles meet the specifications of the
				department of state police.
(2) A
				school bus, bus, or motor vehicle may be rejected by the inspecting state
				official for use in transporting passengers if it does not meet the
				requirements of these rules or if the conditions responsible for the rejection
				of the vehicle are not corrected while the official is present.
(3) A vehicle that is determined by a state
				police official to be unsafe for further operation as a school bus, bus, or
				motor vehicle shall not be used in the transportation of any passengers. An
				unsafe vehicle shall have affixed to its windshield, by the state police
				official, a red sticker which shall read as follows: "This bus may not be
				driven in the transportation of any passenger. Utilization of this vehicle to
				transport passengers is in violation of law. [reverse side] Do not remove
				without
State Police authorization." The sticker shall remain until
				  the vehicle is reinspected by a state police official.
(4) A school bus, bus, or motor vehicle which
				is deemed to be in unsatisfactory condition, but which is safe for operation,
				shall have affixed to its windshield by the state police official, a yellow
				sticker which shall read as follows: "This bus has equipment defects. [reverse
				side] Repairs and reinspection shall be obtained on or before.Do not remove
				without State Police authorization." The sticker shall remain until the vehicle
				is reinspected by a state police official. If, upon reinspection, the vehicle
				defect has not been repaired, replaced, or corrected, the state police official
				shall remove the yellow sticker and affix a red sticker to the vehicle.
				Exceptions may be made when the necessary parts or equipment has been ordered
				but not received at the time of reinspection. Reinspection may take place
				within 60 days of the original inspection.
(5) A vehicle which is deemed to be in
				satisfactory condition after inspection by a state police official shall have a
				Michigan vehicle inspection passing sticker affixed to its
				windshield.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Drunk Driving Prevention Equipment and Training Fund › Section R. 257.991 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Act" means the Michigan vehicle code,
				1949 PA 300, of MCL
				257.1 to
				257.923.
(b) "Breath alcohol test instrument" means an
				evidential breath-testing device that indicates a specific breath alcohol
				concentration expressed as grams of alcohol per 210 liters of breath.
(c) "Department" means the department of
				state police.
(d) "Fund" means the
				drunk driving prevention equipment and training fund described in section
				625 h of the act, MCL
				257.625h.
(e) "Preliminary breath alcohol test
				instrument" means a breath alcohol screening device that indicates the presence
				or absence of alcohol in the individual's breath.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Drunk Driving Prevention Equipment and Training Fund › Section R. 257.992 - Fund

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) The
				department shall allocate sufficient money from the fund to cover the
				following:
(a) The salaries and other
				necessary expenses to administer the fund.
(b) The acquisition and maintenance of breath
				alcohol test instruments, supplies, and accessories.
(c) The training required for law enforcement
				personnel on the use of breath alcohol testing instruments.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Drunk Driving Prevention Equipment and Training Fund › Section R. 257.993 - Purchase of breath alcohol test instruments

Current through Vol. 24-12, July 15, 2024
Rule 3. The department shall purchase, maintain, and retain
				  ownership of breath alcohol test instruments. At least 1 breath alcohol test
				  instrument must be placed in each county at a location determined by the
				  department. Additional instruments must be placed, maintained, or moved by the
				  department according to considerations including, but not limited to,
				  population density, proximity of additional instruments, historical usage,
				  instrument accessibility, and the department's ability to adequately maintain
				  the instruments.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Drunk Driving Prevention Equipment and Training Fund › Section R. 257.995 - Training

Current through Vol. 24-12, July 15, 2024
Rule 5. The department shall coordinate instructor and
				  operator training on the use of all instruments purchased from the fund. Fund
				  monies may be used to pay for training if money is available after all
				  instruments and maintenance contract costs are paid. Michigan law enforcement
				  agencies other than the department shall pay all of the wages and benefits of
				  the persons from their own agencies who attend training.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Drunk Driving Prevention Equipment and Training Fund › Section R. 257.996 - Purchase of preliminary breath alcohol test instruments

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) The
				department shall evaluate and designate preliminary breath alcohol test
				instruments that can be purchased by all law enforcement agencies in this
				state.
(2) The department may
				expend fund money as grants to law enforcement agencies for preliminary breath
				alcohol test instruments, including the maintenance of the instruments. The
				following agencies may apply for preliminary breath alcohol test instruments:
(a) The department.
(b) County sheriff departments.
(c) Local law enforcement agencies.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Tests for Breath Alcohol › Section R. 325.2651 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Acts" means the
				Aeronautics code of the state of Michigan, 1945 PA 327, MCL
				259.1 to
				259.208; the Michigan vehicle
				code, 1949 PA 300, MCL
				257.1 to
				257.923; the railroad code of
				1993, 1993 PA 354, MCL
				462.101 to
				462.451; and the natural
				resources and environmental protection act, 1994 PA 451, MCL
				324.101 to
				324.90106.
(b) "Alcohol standard" means a certified
				alcohol standard.
(c) "Calendar
				week" means 12:01 a.m. Sunday to midnight Saturday.
(d) "Certified" means the operator completed
				the required training and possesses a certificate of training.
(e) "Class" means a classification of
				operator status as certified by the department, based on training and function
				as specified in R
				325.2658.
(f) "Class I operator" means an operator
				certified to conduct a subject test with a preliminary breath testing
				instrument.
(g) "Class II operator"
				means an operator certified to calibrate a preliminary breath testing
				instrument.
(h) "Class III
				operator" means an operator certified to conduct a subject test with an
				evidential breath testing instrument.
(i) "Class IVA operator" means an operator
				certified to instruct the class I, II, and III certification courses.
(j) "Class IVB operator" means an operator
				certified to calibrate and repair an evidential breath testing
				instrument.
(k) "Department" means
				the department of state police.
(l)
				"Equipment" means evidential and preliminary breath alcohol test instruments,
				simulator devices, calibration stations, forms, and any accessories and
				supplies necessary to comply with the procedures in these rules or
				law.
(m) "Evidential breath alcohol
				analysis" means chemical analysis of an essentially alveolar breath sample that
				indicates a specific result in grams of alcohol per 210 liters of
				breath.
(n) "Evidential breath
				alcohol test instrument" means an evidential breath testing device that
				indicates a specific result in grams of alcohol per 210 liters of
				breath.
(o) "Preliminary breath
				alcohol analysis" means chemical analysis of essentially alveolar breath
				samples that indicates the presence or absence of alcohol in an individual's
				blood.
(p) "Preliminary breath
				alcohol test instrument" means a breath alcohol screening device that indicates
				the presence or absence of alcohol in an individual's
				blood.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Tests for Breath Alcohol › Section R. 325.2652 - Approved equipment

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) Except as
				provided in subrule (2) of this rule, evidential and preliminary breath alcohol
				test instruments must meet the existing model specifications for evidential
				breath alcohol analysis as established by the United States Department of
				Transportation, National Highway Traffic Safety Administration. The
				specifications are identified as "Model Specifications for Devices to Measure
				Breath Alcohol" 58 FR 48705, (September 17, 1993), as amended by 82 FR 50940 et
				seq., (November 2, 2017) and are adopted in these rules by reference. Copies of
				the specifications and a current conforming products list are available from
				the United States Department of Transportation, National Highway Traffic Safety
				Administration, 1200 New Jersey Avenue SE, Washington, D.C. 20590 and its
				website at nhtsa.gov, or from the Michigan State Police, Records Resource
				Section, 7150 Harris Drive, P.O. Box 30634, Lansing, MI, 48909 and its website
				at
www.michigan.gov/msp/services/foia
.
				A fee of $1.00 may be charged for each requested copy. A copy of the
				specifications and conforming products list may be inspected at the Michigan
				State Police, Training Division, 7426 N Canal Road, Lansing, MI, 48913 during
				normal business hours.
(2) If the
				United States Department of Transportation discontinues the testing of
				evidential breath alcohol test instruments or the issuance of model
				specifications for that test, only those instruments tested and approved by the
				department can be used.
(3) An
				application for equipment approval must be submitted to the
				department.
(4) Operators shall
				only use equipment approved by the department for evidential and preliminary
				breath alcohol analysis.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Tests for Breath Alcohol › Section R. 325.2653 - Equipment accuracy evidential breath test instruments

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) For
				evidential breath test instruments that do not examine a known standard with
				each subject test, an appropriate class operator who has been certified in
				accordance with R 325.2658
				shall verify an evidential breath alcohol test instrument for accuracy at least
				once each calendar week, or more frequently as the department may require.
				Alternatively, a pre-programmed self-test for accuracy may be initiated by the
				evidential breath alcohol test instrument and recorded by an appropriate class
				operator who has been certified in accordance with
				R 325.2658, if the instrument is so
				equipped and programmed. The tests for accuracy are not required to be
				performed within 7 days of each other. The test for accuracy must be made using
				an alcohol standard that is approved by the department. For the evidential
				breath alcohol test instrument to meet the requirements for accuracy, a test
				result must not exceed +/- 5% when using a controlled device. Controlled
				devices include both of the following:
(a) A
				wet bath device that delivers an alcohol vapor concentration test result of
				0.080 grams of alcohol per 210 liters of vapor.
(b) A compressed alcohol gas device that
				delivers a test result of 0.080 grams of alcohol per 210 liters of vapor before
				applying applicable barometric pressure correction. To meet this requirement,
				the instrument must analyze the known ethanol gas standard within +/- 5% of the
				adjusted or corrected alcohol concentration based on the barometric
				correction.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Tests for Breath Alcohol › Section R. 325.2656a - Equipment Accuracy - Preliminary Breath Test Instrument

Current through Vol. 24-12, July 15, 2024
Rule 6a. An appropriate class operator who has been certified
				  in accordance with R 325.2658
				  shall verify for accuracy a preliminary breath alcohol test instrument at least
				  monthly, or more frequently as the department may require. The test for
				  accuracy must be made using an alcohol standard that is approved by the
				  department. For the preliminary breath alcohol test instrument to meet the
				  requirements for accuracy, a test result not exceeding +/- 5% must be obtained
				  when using a controlled device. Controlled devices include both of the
				  following:
(a) A wet bath device that
				delivers an alcohol vapor concentration of 0.080 grams of alcohol per 210
				liters of vapor.
(b) A compressed
				alcohol gas device that delivers a test result of 0.080 grams of alcohol per
				210 liters of vapor before applying applicable altitude or topographic
				evaluation correction factor supplied by the manufacturer. The correction
				factor may be applied by the operator or by the preliminary breath alcohol test
				instrument calibration station, if pre-programmed.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Tests for Breath Alcohol › Section R. 325.2657a - Techniques and Procedures - Preliminary Breath Test Instruments

Current through Vol. 24-12, July 15, 2024
Rule 7a.
(1) A
				procedure that is used in conjunction with preliminary breath alcohol analysis
				must be approved by the department and comply with all of the following:
(a) Except as provided otherwise in these
				rules, preliminary breath alcohol test instruments must only be operated by
				appropriate class operators who have been certified in accordance with
				R 325.2658.
(b) An individual may be administered a
				preliminary breath alcohol analysis on a preliminary breath alcohol test
				instrument only after the operator determines that the individual has not
				smoked, regurgitated, or placed anything in his or her mouth for not less than
				15 minutes.
(c) Records must be
				maintained at the preliminary breath alcohol test instrument location as
				prescribed by the department and copies must be forwarded to the department as
				required.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Tests for Breath Alcohol › Section R. 325.2659 - Equipment Repair and Service

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) The
				repair and service of equipment provided by the department for evidential and
				preliminary breath alcohol analysis must be at the expense of the agency using
				the equipment.
(2) The department
				or the agency using the equipment may arrange to have this service provided
				either by an appropriate class operator who has been certified in accordance
				with R 325.2658 or a manufacturer-trained
				authorized representative approved by the department.
(3) After repair or service and before being
				placed in service, evidential and preliminary breath alcohol test instruments
				must be verified for accuracy in accordance with
				R 325.2653. Records of verification
				must be maintained as required by the department.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 1 - GENERAL PROVISIONS › Section R. 460.18101 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 101.
(1) As
				  used in these rules:
(a) "Able" means the
				  ability to currently provide, or the presentation of a reasonable plan to
				  provide, service commensurate with the extent of the application for
				  authority.
(b) "Act" means the
				  motor carrier act, 1933 PA 254, MCL 475.1 to 479.42.
(c) "Amendment" means any change, including
				  additions, in a tariff, or cancellation from a tariff.
(d) "Department" means the department of
				  state police.
(e) "CVED" means the
				  Commercial Vehicle Enforcement Division of the department.
(f) "CVED number" means department issued
				  authority number.
(g) "Intrastate"
				  means the transportation of property moving between 2 points that are within
				  the boundaries of this state, other than traffic that is determined to be
				  interstate and foreign.
(h)
				  "Michigan motor carrier operation" means the physical plant and equipment of an
				  intrastate business enterprise engaged in the transportation for hire of
				  commodities by motor vehicle from place to place upon the public highways of
				  this state.
(i) "Post" means the
				  maintenance of a file of tariffs that the public may inspect.
(j) "Shipper" means one who ships or receives
				  goods from one place to another.
(k) "Tariff" means a publication containing 1
				  or more rates, charges, rules, regulations, or other provisions, or any
				  combination thereof, of 1 or more carriers together with the publication's
				  supplements or loose-leaf page amendments, if any.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 1 - GENERAL PROVISIONS › Section R. 460.18105 - Motor carrier advisory board

Current through Vol. 24-12, July 15, 2024
Rule 105.
(1) A
				  motor carrier advisory board is created to facilitate a continuing and
				  meaningful exchange between the transportation industry, consumers, and the
				  department staff. The board shall consist of 15 members comprising a
				  representative cross section of the transportation industry and the shipping
				  public and shall be appointed by the department. The term of office of each
				  member of the advisory board shall be 12 calendar months, commencing in January
				  each year. A member appointed to fill a vacancy occurring other than by
				  expiration of a term shall be appointed for the unexpired term. The advisory
				  board shall meet bimonthly or at the call of the chairperson of the board.
				  Members of the advisory board shall receive no compensation and shall not be
				  reimbursed for any expenses incurred in carrying out their advisory
				  functions.
(2) The advisory board
				  shall provide a forum to discuss generic issues, foreseeable problems, and
				  potential resolutions of matters affecting the motor carrier industry and the
				  public. The board shall not undertake discussions as to cases pending before
				  the department or the courts. Board recommendations are not binding and are
				  advisory in nature and are not binding upon the department.
(3) The board shall establish procedures for
				  the orderly conduct of its activities.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 1 - GENERAL PROVISIONS › Section R. 460.18106 - Meetings; motor carrier advisory board; posting of notice; minutes

Current through Vol. 24-12, July 15, 2024
Rule 106.
(1) All
				  meetings of the motor carrier advisory board shall be open to the public and
				  all persons shall be allowed to attend and to address a meeting. The conditions
				  under which a member of the public is allowed to address the meeting shall be
				  reasonable, flexible, and designed to encourage public expression.
(2) Notice of the date of the meeting shall
				  be communicated electronically to all board members. The notice shall contain
				  the date, time, and place of the meeting, and a statement that the meeting is
				  open to the public.
(3) A special
				  meeting may be called by the chairperson of the board. Not less than 2 business
				  days before the date of a special meeting, notice shall be posted on the
				  department's website and shall either be mailed electronically to the board
				  members or provided by telephone. A written notice shall contain the date,
				  time, and place of the meeting, and a statement that the meeting is open to the
				  public. A telephone notice shall provide the date, time, and place of the
				  meeting.
(4) Minutes of each
				  meeting shall be kept and shall be open to public inspection.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 2 - APPLICATION FOR CARRIER CERTIFICATE OF AUTHORITY › Section R. 460.18201 - Information to be submitted

Current through Vol. 24-12, July 15, 2024
Rule 201.
(1) A
				  person shall apply for temporary authority or a certificate of authority on
				  forms prescribed by the department and accompanied by the fee prescribed in
				  section 1 of article IV of the act, MCL 478.1. The motor carrier shall complete
				  all required information on the electronic application and submit required
				  documentation.
(2) In addition to
				  the requirements in subrule (1) of the rule, a person applying for a
				  certificate of authority as a motor carrier of household goods under contract
				  shall also file a copy of all current complete contracts with the
				  department.
(3) Failure to comply
				  with the instructions on the application form may result in the rejection,
				  dismissal, or denial of the application.
(4) An applicant whose application for a
				  certificate of authority was denied in whole or in part shall request a review
				  of the decision by the director of the department or his or her designee before
				  making an appeal pursuant to the administrative procedures act of 1969, 1969 PA
				  306, MCL 24.201 to 24.328.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 2 - APPLICATION FOR CARRIER CERTIFICATE OF AUTHORITY › Section R. 460.18203 - Determination of Fitness

Current through Vol. 24-12, July 15, 2024
Rule 203.
(1) In
				  evaluating an applicant's fitness and suitability for temporary authority or a
				  certificate of authority, the department may consider, based upon the evidence
				  presented, all of the following criteria:
(a)
				  Compliance with the requirements of
				  R
				  460.18201(1) and the nature of the
				  information provided.
(b) The
				  nature and extent of past violations of the motor carrier safety act of 1963,
				  1963 PA 181, MCL 480.11 to 480.25; the Michigan vehicle code, 1949 PA 300, MCL
				  257.1 to 257.923; orders of the department; and all statutes or administrative
				  rules governing the operation of motor carriers.
(c) Whether the conduct has exhibited a
				  knowing disregard for the act or department directives.
(d) Whether the applicant has corrected the
				  cause of any violations and is in compliance with the act and department
				  directives.
(e) Mitigating
				  circumstances, if any.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 4 - AUTHORITY AND PERMITS › Section R. 460.18403 - Limitations imposed by authority; new or amended

Current through Vol. 24-12, July 15, 2024
Rule 403.
(1) A
				  motor carrier's authority is limited to the specific service authorized by
				  it.
(2) A motor carrier of
				  household goods authorized to transport property under contract with a
				  manufacturer, store, or other entity shall be issued authority containing the
				  names of all shippers. A motor carrier of household goods under contract shall
				  not engage in any other or different operations or transport for any other or
				  additional shippers than those named in its authority without having obtained a
				  new or amended authority covering the new operation or shippers. A new or
				  amended authority shall be obtained in the manner prescribed for procurement of
				  an original authority. Motor carriers of household goods under contract shall
				  file all current complete contracts with the department.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 4 - AUTHORITY AND PERMITS › Section R. 460.18405 - Primary business

Current through Vol. 24-12, July 15, 2024
Rule 405. A person engaged in any other business or
					 enterprise who transports property by motor vehicle for business purposes,
					 unless the transportation is within the scope, and in the furtherance, of the
					 person's primary business enterprise, which is not transportation, is deemed to
					 be conducting a motor-carrier-for-hire operation in evasion of the act, unless
					 the transportation has been authorized by the department pursuant to the act
					 and these rules or is exempt under the act.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 4 - AUTHORITY AND PERMITS › Section R. 460.18406 - Leasing

Current through Vol. 24-12, July 15, 2024
Rule 406. The leasing of a motor vehicle to be operated by
					 an employee of the lessor for transportation of property to a person other than
					 to a regulated carrier is prohibited as what is defined as "through any device
					 or arrangement" as defined in section 1(z) of article I of the act, MCL 475.1,
					 which shall constitute an evasion of the act unless the parties to the lease
					 conduct their operation according to the terms of the lease agreement, which
					 shall be in writing and provide that the vehicle shall be operated by the
					 lessee or an employee of the lessor and the operation and use of the vehicle
					 shall be subject to lessee's supervision, direction, and control for the full
					 period of the lease. The lessor or any employee of the lessor shall not qualify
					 as an employee of the lessee.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 4 - AUTHORITY AND PERMITS › Section R. 460.18407 - Subleasing, leasing, or rental of certificate or permit prohibited

Current through Vol. 24-12, July 15, 2024
Rule 407. Any subleasing, leasing, or rental of a
					 certificate or permit in whole or in part is prohibited.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 4 - AUTHORITY AND PERMITS › Section R. 460.18409 - Discontinuance of service

Current through Vol. 24-12, July 15, 2024
Rule 409.
(1) An
				  application for temporary or permanent discontinuance of service shall be
				  submitted on forms prescribed by the department.
(2) An authorized temporary discontinuance of
				  service shall not extend beyond 3 years. After service has been discontinued
				  pursuant to this rule for a total of 3 years, a further discontinuance shall
				  not be granted. While in temporary discontinuance, an authority shall be
				  renewed annually in the same manner as an active authority, pursuant to section
				  10 of article V of the act, MCL 479.10.
(3) A motor carrier shall apply for
				  reinstatement on forms prescribed by the department. Any discontinued authority
				  not reinstated by the end of 3 years shall be revoked. A motor carrier must
				  complete a new application to establish active operating authority.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 4 - AUTHORITY AND PERMITS › Section R. 460.18412 - Emergency substitution of equipment

Current through Vol. 24-12, July 15, 2024
Rule 412.
(1) For
				  the purpose of this rule, an emergency is considered to exist when, by reason
				  of breakdown or an unusual temporary demand for transportation, a motor carrier
				  finds it necessary to provide additional motor vehicles for a limited
				  period.
(2) Upon request by a motor
				  carrier, accompanied by payment of $10.00 for each permit, the department may
				  issue a temporary 72-hour permit to the carrier. A permit shall not be used for
				  more than 72 consecutive hours from issuance. If the emergency requires the use
				  of the equipment for a longer period, a new permit shall be issued for each
				  additional 72 hours the vehicle is in use.
(3) The department is the sole judge of the
				  extent to which a motor carrier may use emergency equipment and a temporary
				  72-hour permit and reserves the power to deny or curtail their use and to
				  require the motor carrier to register additional vehicles.
(4) A vehicle operating under a temporary
				  72-hour permit shall be under the control and direction of the motor carrier
				  issued the permit and shall be used only within the scope of the authority of
				  that motor carrier.
(5) A vehicle
				  operating under a temporary 72-hour permit is exempt from the provisions of
				  sections 10(6) and 10a(1) of article V of the act, MCL 479.10 and
				  479.10a.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 4 - AUTHORITY AND PERMITS › Section R. 460.18413 - Business address and telephone number; need to maintain current information

Current through Vol. 24-12, July 15, 2024
Rule 413. A motor carrier holding authority shall maintain
					 on file with the department its current principal business address and
					 telephone number and the name of an officer or business agent at that place of
					 business.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 5 - IDENTIFICATION OF VEHICLE › Section R. 460.18501 - Issuance and attachment of vehicle identification

Current through Vol. 24-12, July 15, 2024
Rule 501.
(1)
				  Except as otherwise provided in this rule, upon issuance of a certificate of
				  authority and payment of the appropriate fees, the department shall issue an
				  identification decal for each self-propelled motor vehicle covered by the
				  certificate of authority. The identification decal shall be attached in a
				  conspicuous location on the motor vehicle as directed by the department. The
				  identification shall remain on the motor vehicle for which it was issued at all
				  times, unless application has been made to the department for permanent
				  retirement of the motor vehicle from operation or when the motor vehicle is
				  undergoing repairs necessitating removal of the identification decal.
(2) The identification decal shall expire
				  automatically on December 31 of the year for which it was issued, unless the
				  date of expiration is extended by the department.
(3) The loss or destruction of an
				  identification shall be reported to the department. A replacement
				  identification decal may be obtained upon making proper application on forms
				  furnished by the department and payment of a fee of $5.00 for the replacement
				  identification decal.
(4) This rule
				  does not apply to a UCR motor carrier of general commodities.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 5 - IDENTIFICATION OF VEHICLE › Section R. 460.18502 - Cab Cards

Current through Vol. 24-12, July 15, 2024
Rule 502.
(1)
				  Except as otherwise provided in this rule, a cab card shall be issued for each
				  self-propelled motor vehicle covered by a certificate of authority. The cab
				  card shall be carried with the motor vehicle for which it is issued to permit
				  it to be easily inspected.
(2) In
				  case of loss or destruction of a cab card, a replacement card may be obtained
				  upon making proper application on forms furnished by the department and payment
				  of a fee of $5.00.
(3) This rule
				  does not apply to a UCR motor carrier of general commodities.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 5 - IDENTIFICATION OF VEHICLE › Section R. 460.18503 - Names and accounting numbers

Current through Vol. 24-12, July 15, 2024
Rule 503.
(1)
				  Within 30 days of commencing service, the name and address of the motor carrier
				  shall be permanently placed in a conspicuous place on both sides of all power
				  vehicles in contrasting colors with plain letters and numbers not less than 3
				  inches in height.
(2) All power
				  vehicles shall be given separate unit numbers, which shall be placed on both
				  sides of the power vehicles in a conspicuous place in plain numbers not less
				  than 3 inches in height and in contrasting colors.
(3) The letters CVED and the CVED number of
				  the motor carrier shall be placed in a conspicuous place on both sides of all
				  power vehicles in plain letters and in contrasting colors, and with numbers not
				  less than 1 1/2 inches in height.
(4) The numbers and letters shall remain on
				  the motor vehicle only when operated under an active authority issued by the
				  department.
(5) If any motor
				  carrier removes any motor vehicle permanently from operation or transfer, or
				  otherwise dispose of any department-issued authority, the CVED number shall be
				  promptly removed from that vehicle.
(6) Any motor carrier that transfers or
				  otherwise disposes of any department-issued authority, or possesses any
				  authority that has been revoked or placed into temporary discontinuance, shall
				  not use the CVED number, in any manner whatsoever, in any advertising for that
				  carrier's services.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 5 - IDENTIFICATION OF VEHICLE › Section R. 460.18504 - Authority document

Current through Vol. 24-12, July 15, 2024
Rule 504. Except on approval of the department, a motor
					 carrier's self-propelled motor vehicle shall not be operated unless the motor
					 vehicle at all times has in the cab the motor carrier's department-issued
					 authority. The authority document shall be kept in a clean and legible
					 condition at all times.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 5 - IDENTIFICATION OF VEHICLE › Section R. 460.18505 - Identification decal and cab card required

Current through Vol. 24-12, July 15, 2024
Rule 505. Unless otherwise provided in the certificate of
					 authority, a self-propelled motor vehicle shall not be operated until a
					 department-issued identification decal and cab card have been issued and
					 attached to the motor vehicle.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 8 - ACCOUNTING AND REPORTING PROCEDURES › Section R. 460.18801 - Annual reports

Current through Vol. 24-12, July 15, 2024
Rule 801.
(1)
				  Before April 30 of each year, or not later than 4 months after the close of its
				  fiscal year, the department may require a motor carrier of household goods to
				  file an annual financial report in a manner prescribed by the department. The
				  report shall be prepared from the carrier's books, which shall be kept strictly
				  in accordance with generally accepted accounting principles. The report shall
				  cover the last preceding calendar or fiscal year of the carrier. One copy shall
				  be filed with the department and 1 copy shall be retained by the carrier as
				  part of its permanent records. The annual report shall be filed and verified by
				  a responsible officer having control of the accounts of the carrier.
(2) The annual financial report for a carrier
				  holding both household goods and general commodity authorities shall also
				  include the revenues and expenses generated by its general commodities
				  operations.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 12 - RATES AND TARIFFS › Section R. 460.19202 - Necessity for nonpredatory rates

Current through Vol. 24-12, July 15, 2024
Rule 1202. Following the granting of a new or temporary
					 authority to a motor carrier of household goods, but before the issuance of the
					 authority that authorizes commencement of operations, the department shall
					 determine that the rates charged under the new authority are
					 nonpredatory.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 12 - RATES AND TARIFFS › RATE JUSTIFICATION › Section R. 460.19205 - Rate justification; accompanying statements or schedules

Current through Vol. 24-12, July 15, 2024
Rule 1205.
(1) A
					 rate proposal filed with the department by 1 or more motor carriers of
					 household goods may be required to be accompanied by detailed statements or
					 schedules of their revenues and expenditures in the form, and according to the
					 directions, that the department may prescribe.
(2) The statements or schedules shall
					 indicate and specify changes, and the extent of those changes, in the incurred
					 costs cited by a carrier as justification for the rate proposal.
(3) A statement attesting to the validity of
					 cost evidence shall be included with the rate proposal attesting that the
					 evidence is true and accurate to the best of the motor carriers knowledge. The
					 statement shall be signed and submitted simultaneously with any cost evidence
					 filed with the department.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 12 - RATES AND TARIFFS › RATE JUSTIFICATION › Section R. 460.19210 - Statement of authorized representation

Current through Vol. 24-12, July 15, 2024
Rule 1210.
(1)
					 An agent representing a motor carrier or carriers of household goods who files
					 a tariff, or any other supplemental information as referred to in these rules,
					 and that has been charged with the responsibility for preparing cost evidence
					 filings by a carrier or carriers, shall prepare and submit a statement of
					 authorized representation to the department.
(2) The statement of authorized
					 representation shall be submitted with the represented carrier's cost evidence
					 filings and shall contain all of the following:
(a) The name of the filing agent.
(b) The domicile of the filing
					 agent.
(c) The signature of the
					 filing agent.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 12 - RATES AND TARIFFS › RATE JUSTIFICATION › Section R. 460.19213 - Financial and cost criteria

Current through Vol. 24-12, July 15, 2024
Rule 1213.
(1)
					 In determining the revenue need of a motor carrier or carriers of household
					 goods pursuant to a cost evidence evaluation, the department may require the
					 carrier or carriers to prepare and submit information pertaining to any of the
					 following:
(a) Return on equity.
(b) Return on transportation
					 investment.
(c) Operating
					 ratio.
(d) Expense ratio.
(e) Current ratio.
(f) Capital structure ratio.
(g) Any other reasonable cost center criteria
					 that may be useful to the department in assessing the financial structure and
					 needs of the carrier operations.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 12 - RATES AND TARIFFS › RATE JUSTIFICATION › Section R. 460.19214 - Labor expenses

Current through Vol. 24-12, July 15, 2024
Rule 1214.
(1)
					 The labor costs presented in the cost evidence filings of a motor carrier or
					 carriers of household goods which are submitted to the department pursuant to a
					 rate proposal shall be separated into the following cost categories:
(a) Union employees.
(b) Nonunion employees.
(c) Managers and executives.
(d) Drivers, helpers, dockhands, and
					 others.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 12 - RATES AND TARIFFS › RATE JUSTIFICATION › Section R. 460.19215 - Taxes

Current through Vol. 24-12, July 15, 2024
Rule 1215. Costs incurred pursuant to the payment of any
						municipal, county, state, or federal income taxes or any penalties, judgments,
						liens, or assessments levied thereon shall not be included in a cost evidence
						filing as costs which justify a rate proposal.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 12 - RATES AND TARIFFS › RATE JUSTIFICATION › Section R. 460.19216 - Economic indicators

Current through Vol. 24-12, July 15, 2024
Rule 1216.
(1)
					 When calculating an increase filed as an adjustment for increased operating
					 expenses due to non-labor inflationary trends, a motor carrier or carriers of
					 household goods may use the producer price index in addition to, or in
					 conjunction with, any other appropriate economic indicators to estimate future
					 foreseeable costs.
(2) Where
					 projection of future foreseeable costs is made, the future period covered shall
					 not extend beyond 6 months after the effective date of the rate
					 filing.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 12 - RATES AND TARIFFS › RATE JUSTIFICATION › Section R. 460.19217 - Empirical financial data

Current through Vol. 24-12, July 15, 2024
Rule 1217.
(1)
					 All empirical financial data or schedules describing the financial condition of
					 a motor carrier or carriers of household goods shall reflect the most current
					 financial data or schedules available. Empirical data are data based upon
					 observation or experience as opposed to data derived from theory. As used in
					 this rule, "current financial data" includes all revenues and expenses realized
					 within a 12-month period before the date of filing, or within any other
					 reasonable period of time deemed appropriate by the department.
(2) Information taken from all financial
					 schedules and reports used in the calculation of financial ratios shall be
					 taken from a common closing date for the accumulation of that
					 information.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 12 - RATES AND TARIFFS › RATE JUSTIFICATION › Section R. 460.19218 - Calculation of return on transportation investment

Current through Vol. 24-12, July 15, 2024
Rule 1218. When calculating the return on transportation
						investment, the base income subject to calculation shall not include income
						paid out in taxes or interest, but shall include the total working capital
						provided by investors and debt financiers as follows:
Return on investment in = Net carrier operating income/
						transportation property Average net carrier operating property plus current
						assets minus current liabilities
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 12 - RATES AND TARIFFS › RATE JUSTIFICATION › Section R. 460.19221 - Calculation of expense ratio

Current through Vol. 24-12, July 15, 2024
Rule 1221. The expense ratio is calculated as
						follows:
Expense ratio = Operating expenses plus interest on
						long-term debt Operating revenues
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 12 - RATES AND TARIFFS › RATE JUSTIFICATION › Section R. 460.19222 - Calculation of current ratio

Current through Vol. 24-12, July 15, 2024
Rule 1222. The current ratio is calculated as
						follows:
Current ratio = Current assets, year-end Current
						liabilities, year-end
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 12 - RATES AND TARIFFS › RATE JUSTIFICATION › Section R. 460.19223 - Calculation of capital structure ratio

Current through Vol. 24-12, July 15, 2024
Rule 1223. The capital structure ratio is calculated as
						follows:
Capital structure ratio = Long-term debt
Long-term debt plus shareholders equity minus
						intangibles
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 12 - RATES AND TARIFFS › RATE JUSTIFICATION › Section R. 460.19224 - Additional cost evidence from carriers

Current through Vol. 24-12, July 15, 2024
Rule 1224.
(1) A
					 motor carrier or carriers of household goods that believes that the standards
					 of cost evidence do not provide for a complete or fair analysis of its
					 financial operations may submit any additional data or information that may be
					 deemed necessary to explain its financial operations.
(2) Additional data or information may be
					 submitted in the form of fiscal schedules, statements, or reports as may be
					 deemed necessary to sufficiently clarify the carrier's financial
					 operations.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 12 - RATES AND TARIFFS › RATE JUSTIFICATION › Section R. 460.19225 - Corrections and addenda to original filings

Current through Vol. 24-12, July 15, 2024
Rule 1225. Cost evidence that is filed in correction of,
						or as an addition to, those schedules, reports, or statements originally filed
						pursuant to a rate proposal submitted to the department shall be filed not
						later than 5 days after notice has been given of the receipt of the original
						filings or any other reasonable period of time as may be determined by the
						department.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 12 - RATES AND TARIFFS › RATE JUSTIFICATION › Section R. 460.19226 - Unreasonable rate adjustments

Current through Vol. 24-12, July 15, 2024
Rule 1226. A rate adjustment submitted by a motor carrier
						or carriers of household goods in a cost evidence evaluation shall be
						considered unreasonable under any of the following circumstances:
(a) It does not conform to the specifications
					 contained in these rules.
(b) It is
					 in excess of the rate required by the carrier or carriers to assure adequate
					 and safe service and a fair opportunity to realize a return on transportation
					 investment and to maintain a reasonable operating ratio.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 12 - RATES AND TARIFFS › RATE JUSTIFICATION › Section R. 460.19227 - Random or routine compliance audit procedures

Current through Vol. 24-12, July 15, 2024
Rule 1227.
(1)
					 The department shall notify those motor carrier or carriers of household goods
					 selected for audit of the designated day or days upon which their company will
					 be audited. This notice shall be given not less than 48 hours in advance of the
					 scheduled audit.
(2) The department
					 shall inform the carrier or carriers of the information that will be required
					 by the department for the purpose of conducting the proposed audit.
Michigan Administrative Code › Department - State Police › Traffic Safety Division › Motor Carriers › Part 12 - RATES AND TARIFFS › TARIFF COMPILATION › Section R. 460.19229 - Tariff compilation; tariff filings; physical form

Current through Vol. 24-12, July 15, 2024
Rule 1229.
(1)
					 All motor carriers of household goods shall file tariffs for moves in excess of
					 40 miles. All tariffs and supplements thereto shall be in book, pamphlet, or
					 loose-leaf form, the size of which shall be 8-1/2 by 11 inches, and shall be
					 plainly machine printed by computer , or prepared by other durable process on
					 paper of good quality. Tariffs or supplements applicable to both interstate and
					 intrastate filings may be on paper which is 8 by 11 inches.
(2) All tariffs and supplements thereto which
					 are filed and posted shall be clearly legible.