HOUSE BILL No. 5828


     May 6, 1998, Introduced by Rep. Leland and referred to the Committee on Transportation.


        A bill to amend 1963 PA 181, entitled

   "Motor carrier safety act of 1963,"

   by amending sections 7b and 11 (MCL 480.17b and 480.21), section

   7b as amended by 1990 PA 339 and section 11 as amended by 1995 PA

   265.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 7b.  (1) A driver or operator or an owner or user of

 2    any bus, truck, truck tractor, or trailer, or certain other motor

 3    vehicles or any officer or agent of an individual, partnership,

 4    corporation, or association or their lessees or receivers

 5    appointed by any court that is the owner or user of any vehicle,

 6    who requires or permits the driver or operator to operate a vehi-

 7    cle with a serious safety defect is subject to a CIVIL fine of

 8    not more than $300.00 for each violation.  A FINE IMPOSED UNDER




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 1    THIS SUBSECTION SHALL BE CREDITED TO THE MICHIGAN TRANSPORTATION

 2    FUND.

 3         (2) As used in this section, "serious safety defect" means a

 4    violation of this act or a rule promulgated pursuant to this act

 5    relative to brakes, tires, steering, coupling devices, head-

 6    lights, tailights, brake lights, and turn signals that results in

 7    the vehicle being placed out of service.

 8         Sec. 11.  (1) A township, city, village, or county shall not

 9    adopt or enforce an ordinance or resolution that is inconsistent

10    with this act or any rule promulgated pursuant to this act.

11         (2) A state agency shall not promulgate rules inconsistent

12    with this act.  This subsection does not apply to rules promul-

13    gated under the fire prevention code,  Act No. 207 of the Public

14     Acts of 1941, being sections 29.1 to 29.33 of the Michigan

15     Compiled Laws  1941 PA 207, MCL 29.1 TO 29.34, by the state fire

16    safety board with respect to the transportation of liquefied

17    petroleum gas.

18         (3) THE CIVIL FINE FOR OPERATING A VEHICLE WITH A SERIOUS

19    SAFETY DEFECT LEVIED UNDER AN ORDINANCE OR RESOLUTION ADOPTED BY

20    A TOWNSHIP, CITY, VILLAGE, OR COUNTY THAT IS CONSISTENT WITH SEC-

21    TION 7B SHALL BE CREDITED TO THE MICHIGAN TRANSPORTATION FUND.

22         (4)  (3)  As used in this section, "inconsistent" means a

23    rule or ordinance that is more permissive than the provisions of

24    this act, or is more restrictive, or requires more action, equip-

25    ment, or permits, or prevents or obstructs compliance with the

26    provisions of this act.





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