A.
Except as otherwise provided in this chapter, this chapter
is applicable to all employers, employees and commercial motor vehicles, which
transport property or passengers.
B.
The rules in 49 CFR 387, entitled "Minimum Levels of
Financial Responsibility for Motor Carriers," are applicable to motor carriers
as provided in 49 CFR 387.3 or 49 CFR 387.27.
C.
Nothing in this chapter shall be construed to prohibit
an employer from requiring and enforcing more stringent requirements relating
to safety of operation and employee safety and health.
D.
Every motor carrier shall be knowledgeable of and comply
with this chapter and the rules promulgated pursuant to the Act that are applicable
to that motor carrier's operations. Every driver and employee shall be
instructed regarding, and shall comply with, all applicable provisions of
this chapter and the rules promulgated pursuant to the Act. This chapter shall
not be construed to prohibit the use of additional equipment and accessories
if such additional equipment or accessories are in proper working condition,
are not inconsistent with or prohibited by this chapter or the rules promulgated
pursuant to the Act and do not decrease the safety of operation of the vehicles
on which they are used. All motor vehicle equipment and accessories required
by this chapter and federal law or regulation shall be maintained in compliance
with all applicable performance and design criteria set forth in this chapter
and the rules promulgated pursuant to the Act.
E.
Unless otherwise specifically provided, this chapter
and the rules promulgated under the Act do not apply to:
(1)
The occasional transportation of personal property by
individuals not for compensation nor in the furtherance of a commercial enterprise.
(2)
The transportation of human corpses or sick and injured
persons.
(3)
The operation of an authorized emergency vehicle by a
fire fighter who has met the driver training standards of the Michigan Fire
Fighter's Training Council.
(4)
A semitrailer or truck used exclusively for storage purposes.
The Department of State Police may promulgate rules and regulations
reasonably necessary to the accomplishment of the purpose of the Act.
This City hereby adopts the following provisions of Title 49 of the
Code of Federal Regulations as of February 28, 1990, on file with the office
of the City Clerk, except where modified by this chapter, to provide for the
safe transportation of persons and property with the intent of following the
policies and procedures of the United States Department of Transportation's
Federal Highway Administration as they relate to Title 49 of the Code of Federal
Regulations and the North America standard uniform out of service criteria
and inspection procedures:
A.
Hazardous materials regulations, being 49 CFR Parts 100
through 180.
B.
Motor carrier safety regulations, being 49 CFR Part 387,
Parts 390 through 393 and Parts 395 through 397 and 399, including Appendices
C, D, E and G, except for the following:
(1)
Where the terms "United States Department of Transportation,"
"Federal Highway Administration," "Federal Highway Administrator," "director"
or "Bureau of Motor Carrier Safety" appear, they shall be construed to refer
to the City of Roseville Police Department.
(2)
Where "interstate" appears, it shall mean intrastate
or interstate, or both, as applicable.
C.
Where "special agent of the Federal Highway Administration"
or "administration personnel" appears, either shall be construed to mean a
peace officer or an enforcement member or a vehicle inspector of the Motor
Carrier Division of the City of Roseville.
D.
Where MCS 63 appears, it shall mean MC 9 and MC 9b.
E.
Where MCS 64 appears, it shall mean MC 5.
A.
Upon demand, motor carriers shall submit all their transportation
safety-related documents, such as all records and information pertaining to
any accident, driver's records of duty status, bills of lading, shipping
records, driver time and payroll records, driver qualification records, vehicle
maintenance records and equipment for inspection or copying during regular
business hours to any motor carrier officer displaying a valid City of Roseville
Police Department, Motor Carrier Division identification card.
B.
The following is a facsimile of a Motor Carrier Division
identification card:
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CITY OF ROSEVILLE POLICE DEPARTMENT
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This is to certify that _______________________
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PHOTO
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WHOSE PHOTOGRAPH APPEARS HEREON IS A MEMBER OF THE CITY OF ROSEVILLE
POLICE DEPARTMENT AND IS VESTED WITH THE AUTHORITY OF A MOTOR CARRIER OFFICER
AS PRESCRIBED BY LAW.
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Chief of Police
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