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.
Except as provided in this chapter, a person shall not drive a motor
vehicle unless he or she has first taken a written examination and has been
issued a certificate of written examination in accordance with 49 CFR 391.35.
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:
(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:
(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:
(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.
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.
(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.
(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 391.23(a)(2) and (c) relating to the investigation
of the driver's past employment do not apply to a person who becomes
a driver for a motor carrier after being a full-time employee of the motor
carrier for a minimum of three years before becoming a driver.
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:
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:
The rules in 49 CFR Part 395 apply to all drivers of commercial motor vehicles as defined in § 199-1, except:
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.
