SENATE BILL No. 1405

September 28, 2000, Introduced by Senators HOFFMAN, YOUNG and GOSCHKA and

referred to the Committee on Appropriations.

A bill to amend 1963 PA 181, entitled

"Motor carrier safety act of 1963,"

by amending sections 2v and 2w (MCL 480.12v and 480.12w), as

amended by 1995 PA 265.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 2v. (1) A motor carrier shall not permit or require a

2 driver of a commercial motor vehicle, regardless of the number of

3 motor carriers using the driver's services, to drive for any

4 period after having been on duty 60 hours in any 7 consecutive

5 days if the employing motor carrier does not operate every day in

6 the week, or having been on duty 70 hours in any period of 8 con-

7 secutive days if the employing motor carrier operates commercial

8 motor vehicles every day of the week.

06794'00 TJS

2

1 (2) This section shall DOES not apply to the following

2 drivers if their total driving time does not exceed 40 hours in

3 any period of 7 consecutive days:

4 (a) Any driver-salesperson.

5 (b) Any driver delivering home heating fuel from the months

6 of October through April in a commercial motor vehicle of less

7 than 40,000 pounds gross vehicle weight.

8 (c) Any driver involved with the pickup or delivery of crude

9 oil products during the time when weight limitations are imposed

10 due to seasonal climatic changes.

11 (d) Any driver of a commercial motor vehicle engaged in

12 seasonal construction related activities within a 100-air mile

13 radius of the normal work reporting location.

14 (D) (e) Any driver of a commercial motor vehicle which

15 THAT is being used in the delivery of beverages to retail

16 businesses.

17 Sec. 2w. The 12 consecutive hours on duty requirement con-

18 tained in 49 C.F.R. 395.8 (L)(1)(ii) shall not apply to intra-

19 state drivers of commercial motor vehicles described in

20 section 2v(2)(b) , (d), and (e) who return to the work report-

21 ing location, and are released from work within 15 consecutive

22 hours of being on duty.

06794'00 Final page. TJS