Michigan Trucking Regulation Legislation UPDATE & Input Needed

[Herm Witte]

There is an amendment under discussion in the Michigan Transportation Committee to the existing trucking regulations which would exempt trucks under 26001 from the federal guidelines that apply to trucks over 26001 which Michigan chose to apply to trucks under 26001. Confused, so is the entire industry. I had the opportunity to testify last week in front of the committee on your behalf. Please read the article below and respond on line as you please but also to Amy Frankmann at The Michigan Nursery and Landscape Association so that she can evaluate where we stand. Oh yeah, make it professional no tongue in cheek stuff.

Herm Witte


Thank you to all that were able to attend the House Transportation Committee last week! It was a good show of support of HB 5228 that would change the definition of a commercial motor vehicle to a GVWR or GWR of 26,001 pounds or more.

We had another meeting today to discuss concerns that others had with this Bill and I NEED YOUR INPUT on this new proposal:

1) The definition of Commercial Motor Vehicle would change to 26,001 pounds or more.
2) This would exempt any truck or truck & trailer combination under 26,000 pounds from these parts of the Federal Motor Carrier Act:
– 390 – General – Accident register, USDOT number, MCS – 150 ID reports and filing schedule
– 395 – Driver’s Hours of Service
– 396 – Inspection, Repair & Maintenance
3) But you would still have to comply with these parts:
– 391 – Driver Qualification and Investigation –driver qualification file, drive investigative history file, documentation of driver’s rights disclosure
– 392 – Driving of Commercial Motor Vehicles - drug and alcohol
– 393 – Brakes, Safety Devices, Cargo Securement
4) It would make it mandatory, if you're pulled over, that you be notified and allowed 14 days to fix what you are ticketed for, and if you fix it you don't have to pay the ticket.
5) AND the law would state that you can only receive 1 ticket per day.

We discussed taking the money that is being generated from the fines and redirecting it away from whoever is pulling you over. This would remove the incentive to pull us over. This is where we'd like to see this go (tough fight with the local law enforcement agencies).

INPUT NEEDED: Let me know your thoughts on this new proposal. Either call me or send me an email asap.

Amy Frankmann
Michigan Nursery and Landscape Association
2149 Commons Parkway
Okemos, MI 48864
Ph 1-800-879-6652
Fax (517) 381-0638
E-mail amyf@mnla.org

[gusdust]

I was at the meeting with the trans. committee also. It was nice to hear one of the reps agree that it sounds like it has been mostly a revenue gain. I sent Amy an e mail and also would ask people to please take a moment and do the same. I'm also wondering how to reach other groups/individuals that might not be members of the MNLA. Sites like this are great for that purpose. Keep us posted.

[24v6spd]

Originally Posted by gusdust

I was at the meeting with the trans. committee also. It was nice to hear one of the reps agree that it sounds like it has been mostly a revenue gain. I sent Amy an e mail and also would ask people to please take a moment and do the same. I'm also wondering how to reach other groups/individuals that might not be members of the MNLA. Sites like this are great for that purpose. Keep us posted.

Has anyone posted on Lawnsite? I have sent my e-mails.

[Eggie329]

This is beautiful. I think I'm going to print and frame this bill. I'm so tired of getting pulled over everyday by the same people for the same random inspection that wastes two hours of every day. I'm also tired of setting aside half of my profit each month to pay tickets. 2011 almost put me out of business with all of the bogus tickets I got... Such as $14,000 on one truck that I don't use!

[24v6spd]

Originally Posted by Eggie329

This is beautiful. I think I'm going to print and frame this bill. I'm so tired of getting pulled over everyday by the same people for the same random inspection that wastes two hours of every day. I'm also tired of setting aside half of my profit each month to pay tickets. 2011 almost put me out of business with all of the bogus tickets I got... Such as $14,000 on one truck that I don't use!

HB5228 has not become law yet, it still has a way to go. Have you e-mailed your senator and state rep? If not you need to tell them your story, they need to hear about these excesses.

[Eggie329]

Just the fact that it is a bill makes me happy! I will certainly be giving my senator and rep my feelings on the current laws!

[Plowtoy]

I will tell you that the current law is about as clear as mud. I had to call the Michigan truck safety hot-line multiple times to figure out exactly what I need. According to them, I just need the business name, and city and state on the sides in 3 inch letters but not dot numbers for my Yukon. However, I have seen similar vehicles with dot numbers. I think less restrictions will be better for the economy.

[Bigplower]

would this affect the new hand free cell phone law?? i think it's so stupid to have to be hands free...

[24v6spd]

Originally Posted by Bigplower

would this affect the new hand free cell phone law?? i think it's so stupid to have to be hands free...

If the bill passes the cell phone law will only apply to vehicles over 26,001 lbs. in intrastate use. That is how the federal law is now written but Michigan interpreted it to include all vehicles over 10.000 lbs.

[24v6spd]

Originally Posted by Plowtoy

I will tell you that the current law is about as clear as mud. I had to call the Michigan truck safety hot-line multiple times to figure out exactly what I need. According to them, I just need the business name, and city and state on the sides in 3 inch letters but not dot numbers for my Yukon. However, I have seen similar vehicles with dot numbers. I think less restrictions will be better for the economy.

The DOT numbers are for 10,000 GVW and over. Unless you are towing a trailer that pushes your GCVW over 10,000 lbs. you don't need them. Pretty soon they will only be reqiured for 26,001 lbs. and only.

[Bigplower]

Originally Posted by 24v6spd

The DOT numbers are for 10,000 GVW and over. Unless you are towing a trailer that pushes your GCVW over 10,000 lbs. you don't need them. Pretty soon they will only be reqiured for 26,001 lbs. and only.

so you feel pretty confident in this bill passing?? it sure would help alot of guys out!!

[PowersTree]

If we all do our part, and write all people involved, this will pass.

I've even gone as far as posting on my Facebook about it. Hoping my friends who don't frequent these sites hear about it, and also for my "political" friends to help our cause.

[24v6spd]

Originally Posted by Bigplower

so you feel pretty confident in this bill passing?? it sure would help alot of guys out!!

Yes I am confident it will pass. Like Powers Tree said we all need to do our part and keep the pressure on and e-mail and call your Senators and represtatives. It passed the house unamimously. Here is a link to the bill
http://www.legislature.mi.gov/(S(3ki...e=2011-HB-5228

[Plowtoy]

Originally Posted by 24v6spd

The DOT numbers are for 10,000 GVW and over. Unless you are towing a trailer that pushes your GCVW over 10,000 lbs. you don't need them. Pretty soon they will only be reqiured for 26,001 lbs. and only.

That was actually one of my questions. I don't tow a trailer for commercial use, but I do have a 26 ft travel trailer and I'm sure when its hooked up, I'm over 10k. Now, the lady at the truck safety hotline said it shouldn't become an issue, but I think time will tell. How do the dot cops know if I'm towing for recreation, or pay? Also, I feel now that my truck is lettered with my business name, city and state, I feel that i will have problems (especially when towing my camper) when I pass a weigh station.

[PowersTree]

With a camper, you should be fine. If you did get stopped, you could prove it was for recreation by having all of your personal items with you. (Clothes, bikes and such)

Most of the marinas around here don't have any lettering, as the cops don't think to get the guys towing boats and campers.

[gusdust]

Am I correct that the transportation committee met again yesterday (Tues. the 24th?)regarding this proposed bill? Anyone go or hear the outcome?

[Bigplower]

Any updates on this?

[Herm Witte]

Originally Posted by Bigplower

Any updates on this?

I'll be in Lansing on Tuesday and will try to get you an update.

[Herm Witte]

I am pleased to provide the following information which I received from the Michigan Nursery and Landscape Association;

"On June 29, 2012, Michigan's trucking regulations were revolutionized as HB 5228 was signed by Governor Snyder and filed with the Secretary of State. Now known as Public Act 231 of 2012, this new law was filed with immediate effect.

HB 5228, as introduced by Rep. Greg MacMaster (R-Kewadin), redefined an intrastate commercial motor vehicle as being greater than 26,001 GVWR or GCWR. This is a huge win for the Green Industry!

What does this mean to you? If you have vehicles under 26,001 GVWR and drive only in the State of Michigan, you are no longer considered to be driving a commercial motor vehicle and only need to comply with parts 391, 392, and 393 of the Federal Regulations. In addition, through the process the following issues were addressed and continue to apply to vehicles between 10,001 and 26,000 GVWR or GCWR:
* Exempts the above class of vehicles from all adopted portions of the Federal Regulations, except for Parts 391 through 393
* Retains Age of Driver provisions that allow minimum driver age at 18 vs. 21
* Retains grandfathering provisions for medical cards
* Retains farm vehicle driver exemption language
* Exempts Hours of Service provisions for seasonal construction related activities

MNLA is working with the Michigan Farm Bureau and the Michigan Center for Truck Safety to develop an easy-to-use compliance tool."

[Plowtoy]

Thanks for posting that herm!!