June 11, 2015, Introduced by Senator JONES and referred to the Committee on Transportation.
A bill to amend 1982 PA 432, entitled
"Motor bus transportation act,"
by amending the title and sections 1, 3, 4, 5, 7, 9, 15, 16, 17,
23, 27, 29, 32, 33, 34, 35, and 39 (MCL 474.101, 474.103, 474.104,
474.105, 474.107, 474.109, 474.115, 474.116, 474.117, 474.123,
474.127, 474.129, 474.132, 474.133, 474.134, 474.135, and 474.139),
sections 3, 4, 5, 7, 17, 23, 27, 29, 33, 34, 35, and 39 as amended
and section 32 as added by 1989 PA 233, section 9 as amended by
2012 PA 570, and section 16 as amended by 1996 PA 421, and by
adding sections 10 and 38; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act to regulate persons who transport passengers by motor
limousine or bus; to prescribe powers and duties for the state
transportation
department; to impose certain fees; and to impose
penalties; and to repeal acts and parts of acts.
Sec. 1. This act shall be known and may be cited as
the "motor
bus
transportation act"."commercial
passenger transportation act".
Sec. 3. As used in this act:
(a) "Applicant" means a person who applies for a certificate
under this act.
(b) "Authorized seasonal vehicle" means an authorized vehicle
that satisfies both of the following:
(i) The department has approved the vehicle to be used in
service for a contiguous period of time that does not exceed 6
months.
(ii) The vehicle satisfies the inspection and insurance
requirements of this act during the period the vehicle has been
approved for use.
(c) "Authorized vehicle" means a vehicle operated by a motor
carrier that complies with all requirements of this act.
(d) "Bus" means a motor vehicle with a seating capacity of 16
or more passengers, including the driver, that is used in the
transportation of passengers and their baggage for hire upon any
public highway of this state. Except as otherwise provided in
section 4(1)(j), bus includes a school bus.
(e) (a)
"Certificate" of authority" means a
certificate of
authority
issued under the terms of this
act. unless the context
indicates
otherwise.Certificate
includes an original annual
certificate, a reinstatement certificate, and a renewal
certificate.
(f) "Certified mechanic" means a person certified by the
secretary of state under the motor vehicle service and repair act.
(g) (b)
"Department" means the
state transportation
department.
(h) (c)
"For hire" means for
remuneration or reward of any
kind, paid or promised, either directly or indirectly.
(d)
"Lessor" means a person who leases a motor bus to any
other
person for the transportation of passengers for hire over the
public
highways of this state.
(e)
"Motor bus" means a self-propelled motor vehicle used in
the
transportation of passengers and their baggage for hire upon
any
public highway of this state with a maximum seating capacity of
10
persons or more, or 16 persons or more if the limousine
transportation
act is enacted into law, including the driver. Motor
bus
does not include a self-propelled motor vehicle having a
seating
capacity of 15 passengers or less that is used by or on
behalf
of an employer to transport its employees to and from their
place
of employment.
(i) "Limousine" means a motor vehicle with a seating capacity
of 9 to 15 passengers, including the driver, that is used in the
transportation of passengers for hire.
(j) (f)
"Motor carrier of passengers" "Motor carrier" means
a
person who, either directly or through any device or arrangement,
holds
himself or herself out to the public as willing to undertake
for
hire to transport passengers for hire by motor limousine or bus
from
place to place over the public
highways of this state. persons
who
may choose to employ him or her for that purpose or for the
purpose
of transporting package express, baggage of passengers,
newspapers,
or United States mail in the same vehicle used to
transport
passengers.
(k) "Motor vehicle repair facility" means a vehicle repair
facility that is registered with the secretary of state under the
motor vehicle service and repair act, employs certified mechanics,
and has not been excluded from providing inspections under this
act.
(l) "Motor vehicle service and repair act" means the motor
vehicle service and repair act, 1974 PA 300, MCL 257.1301 to
257.1340.
(m) "Original annual certificate" means the first certificate
applied for and received by a motor carrier under this act.
(n) (g)
"Person" means an
individual, sole proprietorship,
partnership, association, corporation, or other legal entity, or
the lessee, trustee, or receiver of any of these entities; this
state; a city, village, township, or county of this state; the
federal government; or an employee, officer, or agent of any of
these units of government.
(o) (h)
"Public highway" means a
highway, road, street,
avenue, alley, or thoroughfare of any kind, or a bridge, tunnel, or
subway used by the public.
(p) "Reinstatement certificate" means a certificate issued to
a motor carrier whose original annual certificate or original
seasonal certificate was previously revoked under this act.
(q) "Renewal certificate" means a certificate for the
continuation of a prior original annual certificate or an original
seasonal certificate that remained in good standing, or the
continuation of a reinstatement certificate.
(r) "Roster" means a list of limousines or buses to be
operated for hire by a motor carrier that is certified or seeking
certification under this act and that indicates all of the
following information:
(i) The vehicle identification number, make, model, fleet
number, and year of each vehicle.
(ii) The beginning and ending dates of service for each
seasonal vehicle.
(s) "Safety inspector" means an individual designated by the
department to conduct safety inspections under this act.
(t) "Service" means the movement of passengers by limousine or
bus.
(u) (i)
"The public" means that
the part or portion of the
general
public which that the motor carrier is ready, able,
willing, and equipped to serve.
(v) (j)
"Through any device or
arrangement" means any and all
methods, means, agreements, circumstances, operations, or
subterfuges under which a person undertakes for hire to conduct,
direct, control, or otherwise perform the transportation of
passengers
by motor limousine or bus service upon the public
highways of this state.
Sec.
4. (1) This act shall does
not apply to a motor carrier
of
passengers that is any of the
following:
(a) A county, city, township, or village as provided by law,
or
other authority incorporated under Act No. 55 of the Public Acts
of
1963, as amended, being sections 124.351 to 124.359 of the
Michigan
Compiled Laws. Each authority and governmental agency
incorporated
under Act No. 55 of the Public Acts of 1963 shall have
the
exclusive jurisdiction to determine its own contemplated
routes,
hours of service, estimated transit vehicle miles, costs of
public
transportation services, and projected capital improvements
or
projects within its service area.1963
PA 55, MCL 124.351 to
124.359.
(b) An authority incorporated under the metropolitan
transportation
authorities act of 1967, Act No. 204 of the Public
Acts
of 1967, as amended, being sections 124.401 to 124.426 of the
Michigan
Compiled Laws, 1967 PA 204,
MCL 124.401 to 124.426, or
that operates a transportation service pursuant to an interlocal
agreement
under the urban cooperation act of 1967, Act No. 7 of the
Public
Acts of the Extra Session of 1967, as amended, being
sections
124.501 to 124.512 of the Michigan Compiled Laws.1967 (Ex
Sess) PA 7, MCL 124.501 to 124.512.
(c)
Operating under a contract entered into pursuant to Act
No.
8 of the Public Acts of the Extra Session of 1967, being
sections
124.531 to 124.536 of the Michigan Compiled Laws, under
1967
(Ex Sess) PA 8, MCL 124.531 to 124.536, or
Act No. 35 of the
Public
Acts of 1951, being sections 124.1 to 124.13 of the Michigan
Compiled
Laws.1951 PA 35, MCL 124.1 to
124.13.
(d) An authority incorporated under the public transportation
authority
act, Act No. 196 of the Public Acts of 1986, being
sections
124.451 to 124.479 of the Michigan Compiled Laws, or a
1986 PA 196, MCL 124.451 to 124.479.
(e) A regional transit authority created under the regional
transit authority act, 2012 PA 387, MCL 124.541 to 124.558.
(f) A nonprofit corporation organized under the nonprofit
corporation
act, Act No. 162 of the Public Acts of 1982, being
sections
450.2101 to 450.3192 of the Michigan Compiled Laws, 1982
PA 162, MCL 450.2101 to 450.3192, and as defined by sections
501(c)(3), (4), (19), or (23) of the internal revenue code of 1986,
that
provides 1 or both of the
following transportation services: .
(i) Services that are restricted only to registered members of
the nonprofit corporation.
(ii) Services that are funded under 1951 PA 51, MCL 247.651 to
247.675, through programs administered by the department.
(g) (e)
An authority financing public
improvements to
transportation
systems under the revenue bond act of 1933, Act No.
94
of the Public Acts of 1933, being sections 141.101 to 141.140 of
the
Michigan Compiled Laws.1933
PA 94, MCL 141.101 to 141.140.
(h) A motor carrier that operates limousines only for the
purpose of transporting passengers to and from funerals.
(i) A motor carrier that operates a motor vehicle with a
seating capacity of 15 passengers or less, including the driver,
that is owned or leased by or on behalf of an employer to transport
its employees to and from their place of employment.
(j) A public or private school or a unit of government that
owns or operates a school bus, or a privately owned school bus that
is under contract with a school district, an independent school
district, or a private or charter school, when that bus is used
solely for the transportation of pupils to or from school, school-
related events, or other uses as provided under the pupil
transportation act, 1990 PA 187, MCL 257.1801 to 257.1877.
(2)
A motor carrier of passengers that
is exempt under
subsection (1) shall operate under the requirements of this act
when operating outside of the political subdivisions permitted by
the authorizing statute or the contract required by the authorizing
statute.
Sec.
5. A motor carrier of passengers shall not operate a
motor
limousine or bus for the transportation of persons for hire
on a public highway in this state except in accordance with this
act.
A motor carrier of passengers shall not operate upon a public
highway without first having obtained from the department a
certificate. of
authority.A motor carrier
shall register its roster
with the department, and all vehicles on the roster shall comply
with the provisions of this act.
Sec. 7. (1) The department shall issue without a hearing a
certificate
of authority to a motor carrier of passengers
authorizing that carrier to provide transportation services subject
to the jurisdiction of the department under this act, if the
department
finds pursuant to section 9(1) that the motor carrier is
fit, willing, and able to provide the transportation service
authorized
by the certificate of authority and to comply in
compliance
with this act. ,
and if the applicant presents evidence
of
the acquisition of personal injury protection and property
damage
liability insurance as required by section 9(2). The
department may attach terms or conditions to the exercise of the
privilege
granted by a certificate of authority terms or conditions
as the department considers appropriate.
(2) An application for a certificate is not complete unless
the applicant has complied with all applicable provisions of this
act and with the application requirements of the department. If an
applicant fails to comply with the application requirements of the
department and fails to correct its noncompliance within 60 days
after the initial application date, the application shall be
canceled and any application fees paid by the applicant are
forfeited.
(3) The department shall not issue or renew a certificate to a
motor carrier if the motor carrier owes outstanding fees to the
department.
(4) A certificate covers a motor carrier and the authorized
vehicles listed on the roster of the motor carrier. A motor carrier
and at least 1 vehicle on its roster shall remain in good standing
during the time period covered by the certificate or the
certificate is automatically revoked. To remain in good standing as
required by this subsection, a motor carrier shall do all of the
following:
(a) Submit an accurate roster to the department and notify the
department of any changes to the roster.
(b) Pay all fees by the due date.
(c) Maintain insurance for each authorized vehicle on the
roster.
(d) Ensure that each authorized vehicle on the roster complies
with the inspection requirements of this act.
(5) If the department denies an application for a certificate,
the department shall notify the applicant of the denial in writing
and the reasons for the denial. An applicant whose application is
denied may, within 30 days after the date of the denial, correct
any deficiency in the application and reapply for a certificate
without payment of an additional application fee.
Sec.
9. (1) In determining the fitness, willingness, and
ability
eligibility of an applicant for a certificate of authority
to provide transportation service, the department shall consider
all
of the following: before issuing the original certificate of
authority:
(a)
The applicant's safety record.Whether
the applicant has
paid the required fees under section 17.
(b)
The Whether the character and condition of each motor
limousine
or bus and whether on the applicant's roster is such that
it may be operated safely upon the public highways based on an
inspection
conducted by the department under section 16.in
accordance with this act.
(c)
The applicant's financial ability to provide continuous
Whether the applicant has proof of insurance coverage as required
by
subsection (2) or (3) and to have adequate financial resources
in
order to pay for damage claims against the applicant.section 10.
(d) Whether the applicant has provided the department with
details of any fixed route service that the applicant will provide
in this state, if applicable.
(e) Whether the applicant has met all other requirements of
this act.
(2)
An applicant shall acquire the following liability
insurance
coverage for acts or omissions of the applicant as a
motor
carrier of passengers:
(a)
Bodily injury and property damage liability insurance with
a
minimum combined single limit of $5,000,000.00 for all persons
injured
or for property damage.
(b)
Personal protection insurance and property protection
insurance
as required by chapter 31 of the insurance code of 1956,
1956
PA 218, MCL 500.3101 to 500.3119. A motor common carrier of
passengers
shall maintain the insurance described in this
subsection
as a condition of maintaining a certificate of authority
issued
under this act.
(3)
The insurance requirements of subsection (2) are waived if
the
applicant qualifies for and obtains a certificate of self-
insurance
from the commissioner of the office of financial and
insurance
regulation under section 3101d of the insurance code of
1956,
1956 PA 218, MCL 500.3101d.
(4)
An applicant that does not satisfy subsection (1) and
either
subsection (2) or subsection (3) shall not be issued a
certificate
of authority to provide transportation service under
this
act.
(2) The department shall not issue a certificate to an
applicant that does not meet the eligibility requirements described
in subsection (1).
Sec. 10. (1) An applicant shall acquire the following
liability insurance coverage for acts or omissions of the applicant
as a motor carrier:
(a) For limousines, bodily injury and property damage
liability insurance with a minimum combined single limit of
$1,500,000.00 for all persons injured or for property damage.
(b) For buses, bodily injury and property damage liability
insurance with a minimum combined single limit of $5,000,000.00 for
all persons injured or for property damage.
(c) Personal protection insurance and property protection
insurance as required by chapter 31 of the insurance code of 1956,
1956 PA 218, MCL 500.3101 to 500.3179.
(2) A motor carrier shall maintain the insurance coverage
described in subsection (1) as a condition of maintaining a
certificate issued under this act. For each authorized seasonal
vehicle, a motor carrier shall maintain the insurance coverage
described in subsection (1) during the approved seasonal period.
(3) The insurance requirements of subsection (1) are waived if
the applicant qualifies for and obtains a certificate of self-
insurance from the commissioner of the office of financial and
insurance services under section 3101d of the insurance code of
1956, 1956 PA 218, MCL 500.3101d.
(4) Except as otherwise provided in this act, if a motor
carrier cancels the insurance coverage required under this section
for any reason or if the coverage level falls below the levels
provided in subsection (1), the certificate issued to that motor
carrier is automatically revoked.
(5) A motor carrier shall list the department as an additional
insured party on all insurance policies required under this act to
ensure that the department is notified of all activities related to
the policy, including cancellation and replacement.
Sec.
15. The department shall issue a certificate of authority
as
provided in this act to a motor common carrier of passengers who
holds
either a valid permit as a contract motor carrier of
passengers
or a valid certificate of authority as a common motor
carrier
of passengers under the motor carrier act, Act No. 254 of
the
Public Acts of 1933, as amended, being sections 475.1 to 479.49
of
the Michigan Compiled Laws, on the day immediately before the
effective
date of this act, without making the determination
required
by section 9(1) if the department determines that the
carrier
has met the insurance requirements of section 9(2).Each
limousine and bus on a motor carrier's roster shall display the
motor carrier's legal name or assumed name as listed on its
application for authority or official request for name change as
submitted to the department and primary telephone number on both
sides of the limousine or bus in a color that is in sharp contrast
to the background color and in a size that is visible from a
distance of at least 50 feet. The display required under this
section shall meet the vehicle identification requirements of 49
CFR parts 390 to 399.
Sec.
16. (1) Each To maintain authorized
status for a
limousine
or bus, a motor carrier of
passengers who holds a
certificate
of authority issued under this act shall permit the
department
to inspect each motor bus once annually, or more
frequently
if necessary to determine the current character and
condition
of the motor bus.shall ensure
that the limousine or bus
passes a valid inspection as provided in this section and that the
condition of the limousine or bus is maintained between
inspections.
(2)
Each motor bus operated by the motor carrier of passengers
under
its certificate of authority shall pass the safety inspection
which
meets the department's specifications for safe operating
character
and condition for the renewal of certificate.
(2) For an inspection of a limousine to be a valid inspection,
all of the following shall be satisfied:
(a) The inspection is conducted no later than the end of the
month in which the inspection for that limousine expires.
(b) The inspection meets department specifications and
standards.
(c) The inspection was conducted at a department-approved
motor vehicle repair facility by a properly certified mechanic who
certifies that the limousine passed the inspection by signing a
department inspection report, or the inspection was conducted by a
department safety inspector. A motor carrier that uses a department
safety inspector for its inspection is subject to the requirements
of subsection (3).
(d) The motor carrier files the department inspection report
with the department no later than the end of the month in which the
inspection for that limousine expires.
(3) Beginning on January 1, 2016, for an inspection of a bus
to be a valid inspection, all of the following shall be satisfied:
(a) An inspection has been scheduled at the department's
convenience.
(b) The inspector of the bus indicates on an inspection report
prepared by the department that the bus has passed the inspection
before the expiration of the previous inspection.
(c) If the inspection is of a seasonal bus, the inspection
occurred no earlier than 30 days before the beginning of the
approved seasonal period for that bus.
(4) (3)
A motor limousine or bus that does not pass a required
departmental
have a valid inspection under this section shall not
be operated over the public highways of this state, and the motor
carrier shall remove the limousine or bus from its roster.
(5) A motor carrier is subject to the following penalties for
each limousine that does not have a valid inspection as required by
this section:
(a) If a motor carrier files the inspection report required
under subsection (2)(d) later than the end of the month in which
the inspection for that limousine expires, but the department
verifies that the inspection was conducted prior to the expiration
of the last valid inspection, the motor carrier shall pay a fee of
$100.00 for each late inspection report. The department shall
revoke the certificate of a motor carrier that does not pay a fee
assessed under this subdivision within 30 days after assessment of
the fee. For purposes of this subdivision, the filing date of an
inspection report is the postmark if the report is sent by mail, or
the transmittal date if the report is sent by electronic means.
(b) If a motor carrier fails to obtain a valid inspection
before expiration of the last valid inspection, the following
penalties shall be assessed by the department:
(i) If the inspection is conducted between 1 and 30 days late,
$250.00.
(ii) If the inspection is conducted 31 or more days late,
$500.00.
(6) A motor carrier is subject to all of the following
penalties for each bus that does not have a valid inspection as
required by this section:
(a) A motor carrier shall be assessed a fee of $250.00 for
each inspection that is conducted between 1 and 30 days late, and a
fee of $500.00 for each inspection that is conducted 31 or more
days late. This fee shall be in addition to any fee assessed under
subdivision (b). The department may waive the fee provided for in
this subdivision if the late inspection was primarily caused by the
schedule of the safety inspector. A vehicle that fails an
inspection is subject to the late inspection fees described in this
subdivision.
(b) The motor carrier shall be assessed a reinspection fee
according to the following schedule until the vehicle passes an
inspection or is permanently removed from service:
(i) For a first reinspection, $100.00.
(ii) For a second reinspection, $200.00.
(iii) For a third reinspection, $300.00.
(iv) For a fourth reinspection, $400.00 and revocation of
authority.
(v) For a fifth and subsequent reinspection, $500.00.
(c) A motor carrier that is assessed a reinspection fee under
subdivision (b) shall pay the reinspection fee before the
department conducts the reinspection on the vehicle for which the
reinspection fee was assessed.
(7) (4)
Instead of an inspection by the
department under
subsection
(1), (2) or (3), an applicant for a certificate of
authority
or a renewal of a certificate of
authority may provide
evidence
of a current year motor limousine
or bus inspection by a
state,
district, or province, or
local municipality that has
standards comparable to the federal motor carrier safety periodic
inspection standards and that has been approved by the department.
The
department shall may issue a list of the states, districts, or
provinces, and local municipalities that have standards comparable
to
the federal standards promulgated under 49 C.F.R. CFR part
396.
(8) The department may conduct a review of a motor vehicle
repair facility to determine if the facility is capable of
conducting or is currently conducting limousine inspections
according to department specifications and standards. If the
department finds that a motor vehicle repair facility is not
conducting limousine inspections according to department
specifications and standards, the department may decline to accept
inspections from that facility as valid inspections.
(9) A motor carrier shall maintain a copy of a current valid
inspection report on board each limousine or bus at all times, and
the report shall be made available for review upon demand by an
authorized federal, state, or local official.
(10) If the department has reasonable cause to believe that a
limousine or bus is unsafe for operation or has not been inspected
as required by this act or rules promulgated under this act, a
department safety inspector may inspect the limousine or bus. If
the limousine or bus is not in compliance with this act, the
department may require the motor carrier to place the limousine or
bus out of service until all violations have been corrected or
eliminated.
(11) Upon satisfactory completion of a valid inspection of a
limousine or bus as required by this act and payment of all
required fees by the motor carrier, the department shall issue a
decal indicating the expiration date of the inspection for that
limousine or bus. A decal issued under this subsection is property
of this state. A motor carrier shall not use a limousine or bus
displaying an expired decal to provide for-hire passenger service.
(12) A motor carrier shall not operate a limousine or bus over
the public highways of this state if that limousine or bus does not
have a properly displayed current decal issued by the department
under subsection (11).
(13) The department may require a motor carrier to return a
decal issued under subsection (11) to the department if the
limousine or bus upon which that decal was displayed is removed
from the motor carrier's roster by the department or the motor
carrier. A motor carrier that fails to return a decal within 30
days after a request by the department shall pay a $50.00 fee.
(14) The department may waive the inspection and renewal
requirements of this act for a limousine or a bus that is not being
used in this state for a motor carrier that is located outside of
this state if the motor carrier submits a roster that indicates
which of its vehicles will be used exclusively outside of this
state for at least 1 year. The roster must be submitted before the
affected vehicle ceases to comply with this act. The motor carrier
may put the limousine or bus back into service in this state after
at least 1 year by submitting a revised roster and complying with
all other provisions of this act.
(15) Until January 1, 2016, an inspection that was conducted
in accordance with this act or the limousine transportation act,
1990 PA 271, MCL 257.1901 to 257.1939, before January 1, 2016 shall
be considered a valid inspection.
Sec. 17. (1) An applicant for an original annual certificate
shall pay to the department a filing fee of $300.00 and a fee of
$50.00 times the number of limousines or buses to be used by the
applicant to provide transportation for hire under this act. The
applicant shall submit its roster to the department at the time of
payment.
(2)
(1) Each A certificate issued under this act expires on
March 1 of each year. No later than the last day of February each
year,
a motor carrier of passengers who that holds
a certificate of
authority
issued under this act shall pay to
the department an
annual
renewal fee equal to $25.00 $50.00
times the number of motor
limousines
and buses used exclusively by the
carrier to provide
transportation
of passengers for hire and that meet the annual
renewal
inspection requirements of section 16. An annual renewal
fee
of $500.00 shall be paid for any motor bus not meeting the
annual
renewal inspection requirement of section 16.subject to this
act. The motor carrier shall submit its roster to the department at
the time of payment. The department may require a carrier to submit
additional documentation as part of the annual renewal process to
ensure compliance with this act.
(3) (2)
A motor carrier of passengers
who that holds a
certificate
of authority issued under this act to provide
transportation
for hire that wishes to have
additional limousines
or buses authorized under its certificate between annual renewal
periods
shall pay to the department a fee of $25.00
per motor bus
for
each additional motor bus acquired during the year for the
purpose
of the current year inspection required by section
16.$50.00 times the number of limousines or buses
being added to
its roster. The motor carrier shall submit its updated roster to
the department at the time of payment. A motor carrier shall ensure
that each limousine or bus added to a roster under this subsection
complies with all requirements of this act.
(3)
All certificates granted by the department terminate on
the
last day of February of each year unless renewed on or before
that
date with payment of the fee prescribed by subsection (1). The
certificate
of any motor carrier of passengers who is delinquent in
payment
of fees required to be paid by this section is canceled and
revoked
on or after March 1 of the year for which renewal should
have
been made pursuant to the requirements of this section, and
the
motor carrier of passengers shall be prohibited from operating
any
of its vehicles upon or over the highways of this state. All
privileges
granted the motor carrier of passengers under the
expiring
certificate shall cease.
(4) A motor carrier that requests to reinstate on its roster a
limousine or bus that was previously removed from its roster upon
request of the motor carrier or by action of the department shall
pay a reinstatement fee of $100.00 in addition to all other fees
required under this act.
(5) The certificate of a motor carrier that does not comply
with this section shall be automatically revoked on March 1, and
the motor carrier must apply for and be issued a new certificate
before resuming service.
Sec.
23. If there The
department may grant an emergency
certificate to a motor carrier if there is an immediate and urgent
need for the transportation of passengers to a point or between
points
within this state. , the department may grant upon a proper
application
temporary authority for that service by a person having
a
certificate of authority or by an applicant for a certificate of
authority.
A temporary authority An
emergency certificate granted
by the department under this section, unless suspended or revoked
for
good cause, shall be is valid for the time which specified by
the
department. specifies, but not to exceed 90 days.The department
may waive any or all fees or other requirements of this act for a
certificate granted under this section. The department may also
exempt a special event of statewide significance from this act with
prior approval.
Sec.
27. (1) A motor carrier of passengers holding a
certificate
of authority for regular route service between points
within
this state may apply shall
notify the department in writing
no less than 60 days before it plans to discontinue all or a
portion
of its service under this its
certificate. of
authority by
filing
written application with the department, payment of the fees
described
in section 25, and within Within
10 days after filing
notifying
the application publish department, the carrier shall
post
notice of the application once a day
for 2 different days in a
newspaper
of general circulation published in each county to which
the
service proposed to be discontinued extends. Within 20 days
after
the last date of publication, any person opposing the
application
shall file written notice of protest with the
department.
If the application is not opposed, the motor carrier of
passengers
holding a certificate of authority may immediately
discontinue
the service. If the application is opposed, the
department,
within 20 days, may conduct a hearing on the
application,
with at least 10 days' notice to all interested
parties.discontinuation of service on its website and
in all
ticketing locations.
(2)
The department shall grant an application for authority to
discontinue
if the applicant demonstrates that intrastate revenue
per
mile derived from the route or routes proposed to be
discontinued
is less than the fully allocated cost per mile
including
depreciation. If the department's final determination on
the
application is not issued within 90 days after the last date of
publication,
the applicant may discontinue the service described in
the
application.
(3)
A motor carrier of passengers holding a certificate of
authority
for service within this state other than regular route
service
may apply to discontinue all or a portion of its service
under
this certificate of authority by filing written application
with
the department and payment of the fees as described in section
25.
Sec.
29. (1) A motor carrier of passengers authorized to
provide
transportation regular
route service under this act shall
not abandon or discontinue a service established under this act
without
the approval of notification
to the department ,
except, if
applicable,
as provided in section 27(2). as
described in section
27. If a motor carrier of passengers discontinues
service for more
than
10 days without the previous approval of notification to the
department, authorizing
the discontinuance, the certificate
of
authority
issued to that carrier shall be considered
automatically
revoked
without any further action upon the part of by the
department.
(2)
If the insurance coverage required under this act is
canceled
for any reason, the certificate of authority issued to
that
carrier shall be considered revoked without any further action
by
the department.
Sec. 32. The department may use any and all available legal
and equitable remedies of a civil nature to enforce this act, an
order issued, or a rule promulgated pursuant to this act. The
department
may employ such experts, assistants, inspectors, and
other
personnel as may be necessary subject to civil service rules,
to enable it to administer and enforce this act. An employee of the
department shall not ask for or receive any fee from a person for
the taking of acknowledgments or any other service. State and local
police officers shall enforce this act and the rules promulgated
pursuant to this act. A police officer or a peace officer may
arrest, on sight or upon warrant, any person found violating or
having violated a provision of this act or a rule promulgated
pursuant
to this act. The attorney general of the this state and
the prosecuting attorneys of the counties of this state shall
prosecute
all violations of this act. When A violation of this act
is
violated, the offense may be
prosecuted in any jurisdiction in
or
through which a motor the
limousine or bus implicated was
present at the time of the violation.
Sec. 33. A person subject to this act who operates a passenger
service
without obtaining a certificate of authority required under
this act or without meeting the insurance requirements provided in
this act shall be subject to a fine of not more than $500.00. Each
violation constitutes a separate offense.
Sec.
34. A motor carrier, of passengers, or an officer or
agent
of a motor carrier, of passengers, who that requires
or
permits
a driver or operator to drive or operate a motor limousine
or bus in violation of this act, or a rule promulgated under this
act,
is guilty of a misdemeanor , punishable
by a fine of not more
than
$500.00 , or by
imprisonment for not more than 90 days, or
both.
Sec. 35. The department may alter, suspend, or revoke a
certificate
of authority issued under this act if the department
determines
in a contested case hearing held pursuant to under
chapter
4 of the administrative procedures act of 1969, Act No. 306
of
the Public Acts of 1969, as amended, being sections 1969 PA 306,
MCL
24.271 to 24.287, of
the Michigan Compiled Laws, that a person
motor
carrier to whom which a
certificate of authority has been
issued has willfully violated or refused to comply with this act.
Sec. 38. This act does not prohibit a county, city, township,
authority, or village from adopting rules or an ordinance or
resolution that is more restrictive than the provisions of this
act. If an ordinance or resolution requires a vehicle safety
inspection, the county, city, township, authority, or village that
adopted the ordinance or resolution shall use the vehicle safety
inspection form provided by the department.
Sec. 39. The department may promulgate rules to implement this
act
pursuant to under the administrative procedures act of 1969,
Act
No. 306 of the Public Acts of 1969, as amended, being sections
1969
PA 306, MCL 24.201 to 24.328. of
the Michigan Compiled Laws.
Enacting section 1. Sections 6, 11, 13, 21, 25, 31, and 41 of
the motor bus transportation act, 1982 PA 432, MCL 474.106,
474.111, 474.113, 474.121, 474.125, 474.131, and 474.141, are
repealed.