2006 Michigan Compiled Laws - Mich. Comp. Laws § 257.319g Prohibitions; violations; civil infraction; "out-of-service order" defined.

MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949


257.319g Prohibitions; violations; civil infraction; "out-of-service order" defined.

Sec. 319g.

(1) An employer shall not knowingly allow, permit, authorize, or require a driver to operate a commercial motor vehicle in violation of any of the following:

(a) Section 667, 668, 669, 669a, or 670 or a federal, state, or local law or regulation pertaining to railroad-highway grade crossings.

(b) Motor carrier safety regulations 49 CFR 392.10 or 392.11, as adopted by section 1a of the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11a.

(c) Section 57 of the pupil transportation act, 1990 PA 187, MCL 257.1857.

(d) Motor carrier safety regulations 49 CFR 392.10 or 392.11, as adopted by section 31 of the motor bus transportation act, 1982 PA 432, MCL 474.131.

(e) Motor carrier safety regulations 49 CFR 392.10 or 392.11 while operating a commercial motor vehicle other than a vehicle covered under subdivision (b), (c), or (d).

(f) Transportation security regulations 49 CFR parts 1570 and 1572 or motor carrier safety regulations 49 CFR parts 383 and 384 that regulate who may operate a commercial motor vehicle that is used to transport hazardous material.

(g) An out-of-service order.

(2) Except as otherwise provided in subdivisions (a) and (b), a person who violates this section is responsible for a civil infraction:

(a) An employer who violates subsection (1)(a) is responsible for a civil infraction and liable to pay a civil fine of not more than $10,000.00.

(b) An employer who violates subsection (1)(g) is responsible for a civil infraction and liable to pay a civil fine of not less than $2,750.00 or more than $11,000.00.

(3) As used in this section, "out-of-service order" means a declaration by an authorized enforcement officer that a driver of a commercial motor vehicle or a motor carrier operation is out-of-service pursuant to 49 CFR 386.72, 392.5, 395.13, or 396.9, or the North American uniform out-of-service criteria, or a law or local ordinance of a state, the United States, Canada, Mexico, or a local jurisdiction thereof substantially corresponding to 49 CFR 386.72, 392.5, 395.13, or 396.9, or the North American uniform out-of-service criteria.


History: Add. 2002, Act 534, Eff. Oct. 1, 2002 ;-- Am. 2004, Act 495, Eff. Jan. 31, 2005 ;-- Am. 2006, Act 298, Imd. Eff. July 20, 2006



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