A. 
A person shall not drive a motor vehicle unless he or she is qualified to drive a motor vehicle. A motor carrier shall not require or permit a person to drive a motor vehicle unless that person is qualified to drive a motor vehicle.
B. 
Except as provided in this chapter, a person is qualified to drive a motor vehicle if he or she:
(1) 
Meets one or more of the following:
(a) 
Is at least 18 years old when transporting intrastate property or passengers, except as provided in subparagraphs (ii) and (iii).
(b) 
Is at least 16 years of age when acting as a farm vehicle driver as defined in 49 CFR 390.5.
(c) 
Is at least 21 years old when transporting hazardous materials in a quantity that requires the vehicle to be marked or placarded pursuant to the provisions of 49 CFR Parts 100 to 180 in a cargo tank as defined in 49 CFR 171.8 with a gross vehicle weight or more than 50,000 pounds.
(2) 
Can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries and to make entries on reports and records.
(3) 
Can, by reason of experience or training, or both, safely operate the type of motor vehicle he or she drives.
(4) 
Can, by reason of experience or training, or both, determine whether the cargo being transported, including baggage in a passenger carrying motor vehicle, has been properly located, distributed and secured in or on the motor vehicle he or she drives.
(5) 
Is familiar with methods and procedures for securing cargo in or on the motor vehicle he or she drives.
(6) 
Is physically qualified to drive a motor vehicle in accordance with 49 CFR 391.41 to 391.49.
(7) 
Has an appropriate valid license issued only from one state or jurisdiction.
(8) 
Has prepared and furnished the motor carrier that employs him or her with the list of violations or the certificate as required by 49 CFR 319.27.
(9) 
Is not disqualified to drive a motor vehicle under 49 CFR 391.15.
(10) 
Has successfully completed a driver's road test and has been issued a certificate of driver's road test in accordance with 49 CFR 391.31, or has presented an operator's license or a certificate of road test which the motor carrier that employs him or her has accepted as equivalent to a road test in accordance with 49 CFR 391.33.
(11) 
Has taken a written examination and has been issued a certificate of written examination in accordance with 49 CFR 391.35, or has presented a certificate of written examination which the motor carrier that employs him has accepted as equivalent to a written examination in accordance with 49 CFR 391.37.
(12) 
Has completed and furnished the motor carrier that employs him or her with an application for employment in accordance with 49 CFR 391.21.
A. 
Except as provided in this chapter, each motor carrier shall, at least once every 12 months, review a copy of the driver's record from each state in which the driver held a license during the preceding year to determine whether that driver meets minimum requirements for safe driving or is disqualified to drive a motor vehicle pursuant to 49 CFR 391.15.
B. 
In reviewing a driving record, the motor carrier must consider any evidence that the driver has violated applicable provisions of the Federal Motor Carrier Safety Regulations and the Hazardous Materials Regulations. The motor carrier must also consider the driver's accident record and any evidence that the driver has violated laws governing the operation of motor vehicles, and must give great weight to violations, such as speeding, reckless driving and operating while under the influence of alcohol or drugs, that indicate that the driver has exhibited a disregard for the safety of the public.
C. 
A note setting forth the date upon which the review was performed and the name of the person who reviewed the driving record shall be included in the driver's qualification file.
Except as provided in this chapter, a person shall not drive a motor vehicle unless he or she has first successfully completed a road test and has been issued a certificate of driver's road test in accordance with 49 CFR 391.31.
A person shall not drive a motor vehicle unless he or she is physically qualified to do so and, except as provided by this chapter, has on his or her person the original or a photographic copy of a medical examiner's certificate that he or she is physically qualified to drive a motor vehicle.
Except as provided in this chapter, the following persons must be medically examined and certified in accordance with 49 CFR 391.43 as physically qualified to drive a motor vehicle:
A. 
Any person who has not been medically examined and certified as physically qualified to drive a motor vehicle.
B. 
Any driver who has not been medically examined and certified as qualified to drive a motor vehicle during the preceding 25 months.
C. 
Any driver whose ability to perform his normal duties has been impaired by a physical or mental injury or disease.
A. 
A person who is not physically qualified to drive under 49 CFR 391.41 and who is otherwise qualified to drive a motor vehicle may drive a motor vehicle if the Motor Carrier Division of the Department of State Police or the Appeal Board has granted a waiver to that person.
B. 
An application for a waiver shall be submitted jointly by the person who seeks a waiver of his or her physical disqualification and by the motor carrier that will employ the person if the application is granted. The application shall be addressed to:
Michigan State Police
Motor Carrier Division
300 North Clippert Street
Lansing, MI 48913
C. 
An application for a waiver shall contain all of the following:
(1) 
A description of all of the following:
(a) 
The type, size and special equipment, if any, of the vehicles the individual applicant intends to drive.
(b) 
The general area and type of roads the individual applicant intends to travel while driving.
(c) 
The maximum distances the individual applicant intends to drive.
(d) 
The period of time he or she will be on duty and driving.
(e) 
The nature of the commodities or cargo the individual applicant intends to transport.
(f) 
The methods the applicant or any other person will use to load and secure the commodities or cargo.
(g) 
The nature and extent of the individual applicant's experience at operating motor vehicles of the type he or she intends to drive.
(2) 
An agreement that the motor carrier will promptly file with the Motor Carrier Division of the Department of State Police such reports as the Division may require, including reports about all of the following which involve the individual applicant:
(a) 
Driving activities.
(b) 
Accidents.
(c) 
Arrests.
(d) 
License suspensions, revocations or withdrawals.
(e) 
Convictions.
(3) 
An agreement that if a waiver is granted, it authorizes the individual applicant to drive intrastate only when employed by the motor carrier that joined in the individual's application.
D. 
An application for a waiver shall be accompanied by all of the following:
(1) 
Not less that two reports of medical examinations, conducted within the preceding 60 days of the date of the application, pursuant to 49 CFR 391.43, at least one of which was conducted by a medical examiner selected and compensated by the motor carrier, each of which includes the medical examiner's opinion concerning the individual applicant's ability to operate safely a vehicle of the type the applicant intends to drive.
(2) 
A copy of the certificate of driver's road test that was issued to the individual applicant pursuant to 49 CFR 391.31.
(3) 
A copy of the certificate of written examination that was issued to the individual applicant pursuant to 49 CFR 391.35.
(4) 
A copy of the individual applicant's application for employment made pursuant to 49 CFR 391.21.
E. 
An application for a waiver shall be signed by both the individual applicant and the motor carrier. If the motor carrier is a corporation, the application shall be signed by an officer of the corporation. If the motor carrier is a partnership, the application shall be signed by a general partner.
F. 
The driver applicant or motor carrier applicant shall not falsify information in the letter of application or the renewal application.
G. 
The motor carrier division of the Department of State Police may deny the application or may approve the application in whole or in part and issue a waiver subject to such terms, conditions and limitations as it may consider consistent with safety and the public interest. A waiver is valid for not more than two years, and a waiver may be renewed upon submission of a new application pursuant to this chapter.
H. 
If the Motor Carrier Division of the Department of State Police grants a waiver, it shall notify each applicant by a letter, that sets forth the terms, conditions and limitations of the waiver. The motor carrier shall retain the letter or a legible copy of it in the driver's qualification file as long as the individual applicant is employed by that motor carrier and for three years thereafter. The individual applicant shall have the letter or a legible copy of it in his or her possession when he or she drives a motor vehicle or is otherwise on duty.
An applicant who was denied in whole or in part his or her application for a waiver of physical defect under this chapter or conflict of medical evaluation under 49 CFR 391.47 may make an appeal for review by contacting the Motor Carrier Division of the Department of State Police.
A. 
Each motor carrier shall maintain a driver qualification file for each driver it employs. A driver's qualification file may be combined with the driver's personnel file.
B. 
The qualification file for an intrastate driver who has been a regularly employed driver as defined in 49 CFR 390.5 of the motor carrier of property for a continuous period which began on or before June 10, 1984, and the file for a driver who has been a regularly employed driver of a motor carrier of passengers for a continuous period which began 30 days before the effective date of the amendatory act that added this section shall include all of the following:
(1) 
The original, or legible copy, of the letter granting a waiver of physical disqualification issued pursuant to § 199-11 if required or the Motor Carrier Division Form MC-25 granting a medical waiver for claiming grandfather rights required by § 199-14.
(2) 
The note relating to the annual review of the driver's driving record required by § 199-6.
(3) 
The records of violations required by 49 CFR 391.27. These records include both the driver's certified list of violations and a copy of the driver's record from each state in which he or she held a license during the preceding year.
(4) 
A legible copy of the driver's appropriate license.
(5) 
Any other matter which relates to the driver's qualification or ability to drive a motor vehicle safely, including the records kept in compliance with 49 CFR 391.87.
C. 
The qualification file for a regularly employed driver who was employed by a motor carrier of property after June 10, 1984, and a regularly employed driver of a motor carrier of passengers who has not been regularly employed by the motor carrier for a continuous period which began not less than 30 days before the effective date of Public Act No. 181 shall include all of the following:
(1) 
The documents specified in Subsection B.
(2) 
The driver's application for employment completed in accordance with 49 CFR 391.21.
(3) 
The responses of state agencies and past employers to the motor carrier's inquiries concerning the driver's driving record and employment in accordance with 49 CFR 391.23.
(4) 
The original or a legible copy of the driver's road test and the certificate of driver's road test issued to the driver in accordance with 49 CFR 391.31, or a legible copy of the license or certificate which the motor carrier accepts as equivalent to the driver's road test in accordance with 49 CFR 391.33.
(5) 
The questions asked, the answers the driver gave and the certificate of written examination issued to the driver in accordance with 49 CFR 391.35, or a legible copy of a certificate which the motor carrier accepted as equivalent to a written examination in accordance with 49 CFR 391.37.
D. 
The qualification file for an intermittent, casual or occasional driver shall include all the following:
(1) 
The original or a legible copy of the medical examiner's certificate required by § 199-9 and the letter granting a waiver of a physical disqualification issued pursuant to 49 CFR 391.49 if required.
(2) 
The original or a legible copy of the driver's road test and the certificate of driver's road test issued to the driver in accordance with 49 CFR 391.31, or a legible copy of the license or certificate which the motor carrier accepted as equivalent to the road test in accordance with 49 CFR 391.33.
(3) 
The questions asked, the answers the driver gave and the certificate of written examination issued to the driver in accordance with 49 CFR 391.35, or a copy of a certificate which the motor carrier accepted as equivalent to a written examination in accordance with 49 CFR 391.37.
(4) 
The driver's name, social security number and a legible copy of the driver's appropriate license.
(5) 
Any other matter which relates to the driver's qualifications or ability to operate a motor vehicle safely, including the records kept in compliance with 49 CFR 391.87.
E. 
A carrier's qualification file for a driver who is regularly employed by another motor carrier, and who is employed by the carrier in accordance with 49 CFR 391.65, shall include a copy of a certificate issued by the regularly employing carrier in accordance with 49 CFR 391.65(a)(2) stating that the driver is fully qualified to drive a motor vehicle.
F. 
Driver qualification files and records will be maintained and retained in accordance with the following:
(1) 
Each driver's qualification file shall be kept at the motor carrier's principal place of business for as long as a driver is employed by that motor carrier and for three years thereafter.
(2) 
The following records may be removed from a driver's qualification file after three years from date of execution:
(a) 
The medical examination and the medical examiner's certificate, or photographic copies, of the driver's physical qualification to drive a motor vehicle as required by 49 CFR 391.43 or 391.64.
(b) 
The record of violations submitted by the driver and the driving record from the applicable state agency as required by 49 CFR 391.27.
(c) 
The note relating to the annual review of his driving record as required by § 199-6.
A. 
The provisions of this chapter and 49 CFR 391.31 relating to applications for employment, 49 CFR 391.23 relating to investigations and inquiries, 49 CFR 391.31 relating to road tests and 49 CFR 391.35 relating to written examinations do not apply to a driver who has been a regularly employed driver of an intrastate motor carrier of property for a continuous period which began on or before June 10, 1984, as long as he or she continues to be a regularly employed driver of that motor carrier. Such a driver is qualified to drive a motor vehicle if he or she fulfills the requirements of § 199-5B(1) to (9).
B. 
The provisions in the Act pertaining to an intrastate driver's medical qualifications do not apply to any driver who:
(1) 
Has been a regularly employed driver of the motor carrier for a continuous period which began on or before June 10, 1984.
(2) 
Has continued to be a regularly employed driver of that motor carrier.
(3) 
With the exception of § 199-5B(6), is otherwise qualified to drive a motor vehicle under § 199-5.
(4) 
Has made application to the Appeal Board claiming grandfathering rights.
(5) 
Has received a waiver of medical qualification from the motor carrier division of the Department of State Police. The medical waiver/grandfather rights card, Motor Carrier Division Form Number MC-22, shall be carried at all times on the person of the driver while he or she is operating a motor vehicle. The original medical waiver/grandfather rights, Motor Carrier Division Form Number MC-25, will be retained in the driver's qualification file in accordance with Article II.
A. 
The provisions of 49 CFR 391.21 relating to applications for employment, 49 CFR 391.23 relating to investigations and inquiries, 49 CFR 391.31 relating to road tests and 49 CFR 391.35 relating to written examinations do not apply to a driver who has been a regularly employed driver of an intrastate motor carrier of passengers for a continuous period which began not less that 30 days before the effective date of the amendatory act that added this section, as long as he or she continued to be a regularly employed driver of that motor carrier. Such a driver is qualified to drive a bus if he or she fulfills the requirements of § 199-5B(1) to (9) relating to qualifications of drivers.
B. 
The provisions of this chapter pertaining to an intrastate driver's medical qualifications do not apply to a bus driver who:
(1) 
Has been a regularly employed driver of the motor carrier for a continuous period which began not less than 30 days before the effective date of the amendatory act that added this section.
(2) 
Has continued to be a regularly employed driver of that motor carrier.
(3) 
Is otherwise qualified to drive a bus under § 199-5, except for the requirement of § 199-5B(6).
(4) 
Has made application to the Motor Carrier Division of the Department of State Police claiming grandfathering rights.
(5) 
Has received a waiver of medical qualification from the Motor Carrier Division of the Department of State Police. The medical waiver/grandfather rights card, Motor Carrier Division Form Number MC-22, shall be carried at all times on the person of the driver while he or she is operating a motor vehicle under the applicability of these rules. The original medical waiver/grandfather rights, Motor Carrier Division Form MC-25, will be retained in the driver qualification file in accordance with Article II.§ 199-16.
The provisions of 49 CFR 391.21 relating to application for employment, 49 CFR 391.23 relating to investigations and inquiries, 49 CFR 391.31 relating to road tests, 49 CFR 391.35 relating to written examinations, 49 CFR 391.41 to 391.45 to the extent that they require a driver to be medically qualified to examine and to have a medical examiner's certificate on his or her person, and Article II relating to the maintenance of files and records do not apply to a driver of a vehicle eligible for displaying a farm registration plate.
The provisions of this chapter do not apply to a mechanic who services motor-carrier equipment during the intrastate operation of this equipment when:
A. 
The vehicle or combinations are not being used to transport passengers or property or any for-hire or compensated transportation, including paid haulage when the units are empty.
B. 
The mechanic is not otherwise being used as a regularly employed driver.
This chapter and 49 CFR Part 391 do not apply to utility, telephone and cable television company service employees if those employees:
A. 
Are not otherwise being used as regularly employed drivers.
B. 
Are not used to operate a bus or a motor vehicle, except a motor home, having a gross vehicle weight rating of 36,000 or more pounds, a motor vehicle towing a vehicle with a gross vehicle weight rating of more than 10,000 pounds or a motor vehicle carrying hazardous material and on which is required to be posted a placard as defined and required under 49 CFR Parts 100 to 180. This does not include a vehicle used exclusively to transport personal possessions or family members for nonbusiness purposes.
A. 
A motor vehicle, except truck tractors, pole trailers, vehicles engaged in driveaway-towaway operation and truck tractors and semitrailer combinations described in Subsection B that were manufactured after December 31, 1952, that is so constructed that the body or the chassis assembly if without a body has a clearance at the rear end of more than 30 inches from the ground when empty, shall be provided with bumpers or devices serving similar purposes which shall be so constructed and located that:
(1) 
The clearance between the effective bottom of the bumpers or devices and the ground shall not exceed 30 inches with the vehicle empty.
(2) 
The maximum distance between the closest points between bumpers or devices, if more than one is used, shall not exceed 24 inches.
(3) 
The maximum transverse distance from the widest part of the motor vehicle at the rear to bumper or device shall not exceed 18 inches.
(4) 
The bumpers or devices are located not more than 24 inches forward of the extreme rear of the vehicle.
(5) 
The bumpers or devices are substantially constructed and firmly attached. Motor vehicles constructed and maintained so that the body chassis or other parts of the vehicle afford the rear-end protection contemplated shall be deemed to be in compliance with this section.
B. 
A truck tractor and semitrailer combination with a semitrailer length longer than 50 feet whose frame or body extends more than 36 inches beyond the rear of its rear axle and is more than 30 inches above the roadway shall not be operated on the highways of this state unless equipped with an underride guard on the extreme rear of the frame or body. The underride guard shall meet all of the following requirements:
(1) 
Provide a continuous horizontal beam having a maximum ground clearance of 22 inches, as measured with the vehicle empty and on level ground.
(2) 
Extend to within four inches of the lateral extremities of the trailer of both left and right sides.
A. 
A motor carrier shall not permit or require a driver of a commercial motor vehicle, regardless of the number of motor carriers using the driver's services, to drive for any period after having been on duty 60 hours in any seven consecutive days if the employing motor carrier does not operate every day in the week, or having been on duty 70 hours in any period of eight days if the employing motor carrier operates motor vehicles every day of the week.
B. 
This section shall not apply to the following drivers, provided that their total driving time does not exceed 30 hours in any period of seven consecutive days:
(1) 
Any driver-sales person.
(2) 
Any driver delivering home heating fuel from the months of October through April in a vehicle of less than 40,000 pounds gross vehicle weight.
(3) 
Any driver involved with the pickup or delivery of crude oil products during the time when weight limitations are imposed due to seasonal climatic changes.
(4) 
Any driver of a vehicle engaged in seasonal construction-related activities within a one-hundred-air-mile radius of the normal work reporting location.
(5) 
Any driver of a motor vehicle which is being used in the delivery of beverages to retail business.
A. 
Failure to complete the record of duty activities required by 49 CFR 395.8 or 49 CFR 395.15, failure to preserve a record of such duty activities or making of false reports in connection with such duty activities shall make the driver or the carrier, or both, liable to prosecution.
B. 
A carrier, agent or driver who makes a correction of the hours of service records after submission shall certify as to the accuracy of the record on the corrected record and state the reason for the correction. This certification shall be a legible signature of the carrier official making the correction in addition to the driver certification required in 49 CFR 395.8(d)(5).
C. 
The 12 consecutive hours on duty requirement contained in 49 CFR 395.8 (1)(1)(ii) shall not apply to intrastate drivers of motor vehicles regularly delivering beverages to retail business who return to the work reporting location and are released from work within 15 consecutive hours of being on duty.