HOUSE BILL No. 4492

 

March 21, 2013, Introduced by Reps. Olumba, McMillin, Howrylak and Yonker and referred to the Committee on Transportation and Infrastructure.

 

     A bill to prohibit a municipality from prohibiting or imposing

 

certain regulations or conditions on the operation of jitneys; and

 

to impose certain requirements for the operator of a jitney.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Jitney" means a privately owned, shared ride service

 

using a vehicle with a manufacturer's designed seating capacity of

 

12 passengers or fewer, including the driver, traveling a semifixed

 

route at least once per week. Jitney does not include either of the

 

following:

 

     (i) A limousine to which the limousine transportation act, 1990

 

PA 271, MCL 257.1901 to 257.1939, applies.

 

     (ii) A vehicle that provides a trip to an individual or a group

 


of individuals if 1 or both of the following conditions are

 

satisfied:

 

     (A) The trip requires more than a 2-mile deviation from the

 

published route.

 

     (B) There is a formal or informal contractual agreement

 

between the provider and the passenger to provide the trip from a

 

defined origin to a defined destination at a specific time.

 

     (b) "Municipality" means a county, village, city, or township,

 

or a subdivision or instrumentality of a county, village, city, or

 

township.

 

     (c) "Semifixed route" means a system of providing passenger

 

transportation to individuals in which a vehicle is operated along

 

a published route and within a published schedule, regardless of

 

whether there are predetermined stops along the route, but may

 

deviate from the route and schedule on an as-needed basis to meet

 

the needs of individual passengers, and that satisfies 1 or both of

 

the following:

 

     (i) The route is within 1 mile of a major road or highway that

 

is 4 or more lanes in width.

 

     (ii) The route is within 2 miles of a grocery store. As used in

 

this subparagraph, "grocery store" means a retail grocery as that

 

term is defined in section 1111 of the food law, 2000 PA 92, MCL

 

289.1111.

 

     Sec. 2. A municipality shall not do any of the following:

 

     (a) Prohibit the operation or use of a jitney.

 

     (b) Require a jitney to observe safety regulations that do not

 

apply to other privately owned vehicles.

 


     (c) Require a jitney to purchase a franchise or surety bond.

 

     (d) Regulate the prices, hours of operation, or route of a

 

jitney.

 

     Sec. 3. A person shall not operate a jitney unless he or she

 

is licensed as a chauffeur under the Michigan vehicle code, 1949 PA

 

300, MCL 257.1 to 257.923.