[9-12-2011 by Ord. No.
1329]
This article shall be known as the "City of Port Huron Commercial
Motor Carrier Safety Ordinance." This article is adopted pursuant
to the authority granted pursuant to the Michigan Motor Carrier Safety
Act, MCL 480.11 et seq. (the "Act"). All provisions herein are designed
to be consistent with the Act and/or rules promulgated pursuant to
the Act. Specifically, this article shall not be construed to be more
permissive than the Act, more restrictive than the Act, require more
action, equipment, or permits than the Act, or prevent or obstruct
compliance with the Act. Unless otherwise provided for herein, words
and phrases used in this article shall have the same meaning as used
in the Act and/or rules promulgated pursuant to the Act. Except as
otherwise provided herein or in the Act, this article shall apply
to motor vehicles operating in the City of Port Huron.
[9-12-2011 by Ord. No.
1329; 4-9-2018 by Ord. No. 18-006]
(a)
The City of Port Huron adopts all federal regulations adopted by
the Act, subject to the limitations and exceptions provided for in
the Act. For purposes of this article, references in the Act to the
State of Michigan Department of State Police shall mean the City of
Port Huron Police Department.
(b)
This article does not apply to a bus operated by a public transit
agency operating under any of the following:
(1)
A county, city, township, or village as provided by law, or
other authority incorporated under 1963 PA 55, MCL § 124.351
to § 124.359.
(2)
An authority incorporated under the Metropolitan Transportation
Authorities Act of 1967, 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, 1967 (Ex Sess)
PA 7, MCL § 124.501 to § 124.512.
(3)
A contract entered into pursuant to 1967 (Ex Sess) PA 8, MCL
§ 124.531 to § 124.536, or 1951 PA 35, MCL § 124.1
to § 124.13.
(4)
An authority incorporated under the Public Transportation Authority
Act, 1986 PA 196, MCL § 124.451 to § 124.479,
or a nonprofit corporation organized under the Nonprofit Corporation
Act, 1982 PA 162, MCL § 450.2101 to § 450.3192,
that provides transportation services.
(5)
An authority financing public improvements to transportation
systems under the Revenue Bond Act of 1933, 1933 PA 94, MCL § 141.101
to § 141.140.
(c)
This article shall be enforced by an officer(s) of the City of Port
Huron Police Department who satisfies all the requirements contained
herein. Said officer(s) shall be referred to herein as the "enforcement
officer(s)." An enforcement officer must meet all criteria for classification
as a motor carrier enforcement officer, pursuant to the Act. An enforcement
officer must have training equal to the minimum training requirements,
including any annual training updates, established by the Department
of State Police for an officer of the Motor Carrier Division of the
Department of State Police.
[9-12-2011 by Ord. No.
1329]
Trailers with a gross vehicle weight or gross vehicle weight
rating of 15,000 pounds or less or trailer-vehicle combinations with
an actual gross vehicle weight or a gross vehicle weight rating of
26,000 pounds or less may be equipped with surge brakes for intrastate
operation as allowed by the Act.
[9-12-2011 by Ord. No.
1329]
(a)
For intrastate transportation, the provisions of this article do
not apply to a self-propelled implement of husbandry or an implement
of husbandry being drawn by a farm tractor or another implement of
husbandry.
(b)
The requirements of 49 CFR Part 395 do not apply to any driver of
a public utility service vehicle when being used in cases of emergency,
as defined by the Act.
(c)
A commercial motor vehicle constructed and maintained so that the
body chassis or other parts of the vehicle afford the rear end protection
required by 49 CFR 393.86 is in compliance with that section.
(e)
A combination of vehicles with an actual combination gross vehicle
weight or a gross combination weight rating of 26,000 pounds or less,
provided the trailer or semitrailer has an actual gross vehicle weight
or gross vehicle weight rating of 15,000 pounds or less, may be equipped
with surge brakes for intrastate operation as allowed by the Act.
Vehicles of any size that are transporting hazardous materials in
an amount that requires placarding or vehicles that are designed to
transport more than eight passengers, including the driver, are prohibited
from being equipped with surge brakes for intrastate operation.
(f)
This article does not apply to a school bus as defined in the Pupil
Transportation Act, 1990 PA 187, MCL 257.1801 to 257.1877, or a bus
defined and certificated under the Motor Bus Transportation Act, 1982
PA 432, MCL 474.101 to 474.141.
(g)
A motor carrier operating entirely in intrastate commerce solely
within Michigan shall not permit or require a driver of a commercial
motor vehicle engaged in seasonal construction-related activities,
regardless of the number of motor carriers using the driver's services,
to do either of the following:
[9-12-2011 by Ord. No.
1329]
An enforcement officer may, without a warrant, require the cargo
carrying portion of a vehicle to be opened for inspection of the cargo,
any object within that portion of the vehicle, or the interior of
the vehicle or any compartment within the interior of the vehicle.
If a commercial motor vehicle is inspected by breaking the load seal,
then the enforcement officer shall give to the driver a signed receipt
of inspection and the enforcement officer shall be responsible for
applying a State of Michigan Seal.
[9-12-2011 by Ord. No.
1329]
(a)
Except as otherwise provided herein, any person, driver, or motor
carrier as defined by the Act, who violates this article is responsible
for a municipal civil infraction and may be ordered to pay a fine
of not more than $250 for each violation.
(b)
An enforcement officer, upon probable cause to believe that a motor
vehicle is being operated in violation of this article, may stop the
motor vehicle and inspect the motor vehicle. If a violation is found,
the enforcement officer may issue a notice to appear for that violation.
(c)
An enforcement officer, upon notification of a valid out-of-service
order upon a motor carrier issued by the United States Department
of Transportation, by a state or a political subdivision of a state,
by the Canadian or Mexican government, or by the government of a province
of Canada, may stop and detain any vehicle operated by the motor carrier
and place the vehicle and driver out of service pursuant to the order.
A driver or motor carrier operating a vehicle in violation of an out-of-service
order is responsible for a municipal civil infraction and shall be
assessed a fine of not more than $500.
[9-12-2011 by Ord. No.
1329]
(a)
A driver, person, or motor carrier as defined by the Act who operates
or who requires or permits the driver to operate a commercial motor
vehicle with a serious safety defect in violation of this article
is responsible for a municipal civil infraction and shall be assessed
a fine of not more than $500 for each violation.
(d)
The owner or operator of a commercial motor vehicle shall not be
issued more than one citation for each violation of the Act, this
article, or provision of Michigan's Motor Vehicle Code regulating
the operation of a commercial motor vehicle and substantially corresponding
to a provision of Sections 683 to 725a of the Michigan Vehicle Code,
1949 PA 300, MCL 257.683 to 257.725a, within a twenty-four-hour period.
If the owner or operator of a commercial motor vehicle is issued a
citation by a township, city, village, county or state for an equipment
violation that does not result in the vehicle being placed out of
service, the court shall dismiss the citation if the owner or operator
of that commercial motor vehicle provides written proof to the court
within 14 days after the citation is issued showing that the defective
equipment indicated in the citation has been repaired.
(e)
As used in this section, "serious safety defect" means a violation
of this article relative to brakes, tires, steering, coupling devices,
headlights, taillights, brake lights, and turn signals that results
in the vehicle being placed out of service.
[9-12-2011 by Ord. No.
1329]
(a)
A person who operates or who requires or permits a person to operate
a commercial motor vehicle in violation of this article related to
the transportation of hazardous materials if the vehicle is transporting
a package required to be marked or labeled under 49 CFR Parts 100
to 180 is responsible for a municipal civil infraction and may be
ordered to pay a fine of not more than $500 for each violation.
(b)
A person or entity identified in Subsection (a) who causes injury or death during a violation of this article while a vehicle identified in Subsection (a) that is transporting a package required to be marked or labeled under 49 CFR Parts 100 to 180 is used, is, upon conviction, guilty of a misdemeanor punishable by imprisonment for not more than one year or a fine of not more than $500, or both, for each violation.
(c)
An officer, employee, owner, or agent of an individual, partnership,
corporation, or association, or their lessees or receiver appointed
by a court that is the owner or user of any hazardous materials vehicle
inspection or repair facility that violates a section of this article
is guilty of a misdemeanor punishable as prescribed in this section.
[9-12-2011 by Ord. No.
1329]
(a)
A truck tractor pulling a semitrailer and a trailer, or pulling two
semitrailers, shall not transport a combustible liquid unless the
vehicle combination meets the following requirements:
(1)
Is equipped with a device that restricts the horizontal and
vertical rotation of the dolly assemblage of the vehicle combination
in a manner that maintains the longitudinal tracking of the dolly
and semitrailer in a truck tractor, semitrailer, and trailer combination,
or the dolly and the truck in a truck and trailer combination. This
device shall be welded to the vehicle in a workmanlike manner, and
the efficiency of a weld shall not be less than 85% of the mechanical
properties of the adjacent metal in the chassis.
(2)
Is equipped with stops in the spring hangers of each semitrailer
and trailer in the vehicle combination in a manner that improves the
stability of the vehicle combination by reducing the free play of
the leaf spring suspension to a maximum of three-quarters of an inch
when the spring passes from tension to compression.
[9-12-2011 by Ord. No.
1329]
(a)
Except as provided in Subsection (b), a person, driver, owner, carrier, lessee, or lessor shall not transfer or allow to be transferred a hazardous material from a cargo tank, portable tank, or any other container to any cargo tank, portable tank, fuel tank, or any other container on a highway, road, street, or alley in the City.
(b)
Subsection (a) does not apply to the following transfer situations:
(1)
Fueling machinery or equipment for construction, farm, and maintenance
use.
(2)
Fueling emergency vehicles.
(3)
Under emergency conditions, a transfer may be made provided
it is approved by the local Fire Chief, the Bureau of Fire Services
created in Section 1b of the Fire Prevention Code, 1941 PA 207, MCL
29.1b, or a hazardous materials investigator of the Motor Carrier
Division of the Department of State Police pursuant to their respective
authority under the Fire Prevention Code, 1941 PA 207, MCL 29.1 to
29.34.
(c)
A person shall not overfill a container, including a storage tank,
during a transfer of a hazardous material from or into a vehicle,
so that hazardous material is released from the package or container.
[9-12-2011 by Ord. No.
1329]
(a)
A person, driver, owner, carrier, lessee, or lessor shall not transport
or allow to be transported a vehicle carrying hazardous materials
in an amount required to be placarded under Title 49 of the Code of
Federal Regulations on a publicly maintained route as identified on
the National Hazardous Materials Route Registry as determined by the
Department of Transportation under Title 49 CFR.
[9-12-2011 by Ord. No.
1329; 4-9-2018 by Ord. No. 18-006]
(a)
Municipal civil infractions for violations of this article shall
be enforced in the manner provided for enforcement of municipal civil
infractions in Chapter 87 of the Revised Judicature Act of 1961, 1961
PA 236, MCL § 600.8701 to § 600.8735.
(b)
When a person who is not a resident of this state is stopped for
a violation of this article which constitutes a municipal civil infraction,
the enforcement officer making the stop shall take security for the
nonresident's appearance in court. The person stopped may recognize
to the enforcement officer or to the court for his or her appearance
by leaving with the enforcement officer or court a guaranteed appearance
certificate or a sum of money not to exceed $100.
(c)
If a Magistrate is available for an immediate appearance, upon demand
of the person stopped, the enforcement officer immediately shall take
the nonresident driver before the Magistrate to answer to the municipal
civil infraction alleged. If the nonresident defendant requests a
hearing, the hearing shall be scheduled and the defendant shall leave
with the court the guaranteed appearance certificate or deposit as
security for appearance at the scheduled informal or formal hearing.
(d)
The enforcement officer receiving a guaranteed appearance certificate
or deposit of money shall give a receipt to the person stopped for
the guaranteed appearance certificate or the money deposited together
with the written citation.
(e)
At or before the completion of his or her tour of duty, the enforcement
officer taking a certificate or deposit of money shall deliver the
certificate or deposit of money and the citation either to the court
named in the citation or to the person authorized by the Police Chief
to receive certificates or deposits. The person authorized shall deposit
the certificate or the money deposited and the citation with the court.
(f)
If the person who posts a certificate or deposit fails to appear
as required in the citation or fails to appear for a scheduled informal
or formal hearing, the court having jurisdiction and venue over the
civil infraction shall enter a default judgment against the person,
and the guaranteed appearance certificate or money deposited shall
be forfeited and applied to any civil fine or costs ordered.
(g)
For purposes of this section, "guaranteed appearance certificate"
means a card or certificate containing a printed statement that a
surety company authorized to do business in this state guarantees
the appearance of the person whose signature appears on the card or
certificate and that the company, if the person fails to appear in
court at the time of a scheduled informal or formal hearing or to
pay any fine or costs imposed, will pay any fine, costs, or bond forfeiture
imposed on the person in a total amount not to exceed $200.
[9-12-2011 by Ord. No.
1329]
A truck, truck tractor, trailer, semitrailer, or any combination
of these, when used on a highway, shall be constructed, equipped,
or operated to prevent water or other road surface substances from
being thrown from the rear wheels of the vehicle or combination at
tangents exceeding 22 1/2° measured from the road surface.
If a flap-type device is used, it shall not have attached any type
of lamp, breakable reflective material, or reflecting buttons nor
may the device extend beyond the maximum width of the vehicle or combination.
[9-12-2011 by Ord. No.
1329; 4-9-2018 by Ord. No. 18-006]
Nothing in this article shall diminish the right of the City
of Port Huron Police Department to enforce any provisions of the Act.
