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New Michigan law spares some trucks from USDOT registration
By SHELLY STRAUTZ-SPRINGBORN
Michigan Correspondent
 
EAST LANSING, Mich. — A bill passed by Michigan lawmakers has changed the regulations for commercial trucks and trailers operating on state roadways.

Attorney John T. Klees, from Rhoades McKee Attorneys and Counselors of Lansing, talked with attendees at the 33rd annual Ag Expo last week on Michigan State University’s East Lansing campus to clarify the bill’s provisions, and help farmers understand what the law means for their businesses.

Lawmakers in Michigan’s House and Senate unanimously approved HB 5228, which was signed by the governor on June 29 and given immediate effect.

It exempts small-business vehicles weighing between 10,001-26,000 pounds that are only driven in-state from unnecessary federal regulations. Specifically, these vehicles no longer need to display a U.S. Department of Transportation (USDOT) number.
“Old regulations were unduly confusing, unfair and economically burdensome for small businesses,” Klees said.

“The old regulations were also patently unfair – a commercial vehicle of the exact same weight as a personal vehicle could be regulated, while the personal vehicle could not.”

For farmers, Klees said the benefit is they are exempt from the federal regulation requiring a USDOT number if their vehicle meets the bill’s requirements.

“If you have vehicles under 26,001 pounds 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 391-3 of the Federal Regulations,” he said.

Those regulations generally pertain to vehicles greater than 26,000 pounds, hazardous waste haulers and vehicles designed to transport 16 people or more, such as buses. According to Klees, the weight of a vehicle is calculated by combining the vehicle weight with the weight of any trailer attached to it.

“A vehicle that would not have to be regulated on its own may be subject to regulations after a trailer is attached,” he said.
In addition, the law changed requirements for covered vehicles. They no longer are subject to annual and “spot” traffic stop inspections, and are not required to have federal registration or display a USDOT number. In addition, drivers do not have to maintain an operator logbook or other miscellaneous records or meet minimum bonding requirements and insurance coverage.
Klees said the new law does include restrictions on alcohol and drug use for drivers, limits on service hours for drivers, driver qualification requirements and requirements concerning brakes, safety devices and cargo.

“These rules have been in place and should not be new to you,” Klees said.

A new rule that will take effect on July 1, 2013, states that drivers will not be able to drive the vehicle after working for eight hours until a rest break of at least 30 minutes has been taken. Drivers may take the 30-minute break anytime during the eight-hour period.

Another change states that professional truck drivers who maximize their 70-hour work week will be required to take at least two rest periods between the hours of 1-5 a.m. home terminal time in the course of their restart, in order to return to work. A new provision only allows drivers to restart every seven days.

Yet another change in the law adds exclusions from the definition of “on duty” time. Those exclusions include any time resting in a parked vehicle and up to two hours in the passenger seat of a moving property-carrying CMV, immediately before or after eight consecutive hours in the sleeper berth.

“They’re focusing on this and trying to be sure that people are taking their required breaks,” Klees said.

He said if a farmer is driving a vehicle that needs a USDOT number, it can be obtained by mail or online. Mail-order requests take 4-6 weeks to process, while online applicants receive their USDOT number within 4-7 business days. Go to www.safersys.org to apply online.
7/25/2012