(a) Qualifications of Truck or Truck Tractor Operators. A person shall not drive, and an individual, partnership, association or corporation, or their lessees or receivers appointed by any court, shall not employ, engage, hire or contract for hire any person to operate, drive or maintain any truck, truck tractor or trailer unless the person meets the qualifications set forth by the Michigan Department of State Police and/or the Michigan Secretary of State.
(b) Operator and Equipment Safety Standards. An individual, partnership, association or corporation, or their lessees or receivers appointed by any court, shall not operate any truck, truck tractor or trailer, or permit any person to drive any truck, truck tractor or trailer, which does not meet driver or operator safety standards, or safety standards for equipment and devices on trucks, truck tractors or trailers and the loading and unloading thereof, as set forth in rules promulgated by the Michigan Department of State Police and/or the City.
(c) Operation and Maintenance of Property Transportation Facilities. An individual, partnership, association or corporation, or their lessees or receivers appointed by any court, shall not operate or maintain any facility used in connection with the transportation of property by any truck, truck tractor or trailer, which facility does not meet safety standards for the operation and maintenance of such facility as set forth in the rules promulgated by the Michigan Department of State Police and/or the City.
(d) Adoption of Rules and Regulations of Department of State Police. The rules and regulations, and amendments thereto, promulgated by the Department of State Police pursuant to the Michigan Motor Carrier Safety Act (Act 181 of the Public Acts of 1963, as amended), are hereby adopted and incorporated by reference as if the same were fully set forth herein.
(e) Prosecution of Violations in City. When any provision of this section, or a rule promulgated and incorporated under subsection (d) hereof, has been violated, the offense may be prosecuted in the City.
(f) Violations; Inspections by Police Officers; Issuance of Notices to Appear.
(1) Any driver or operator who violates this section or a rule promulgated under subsection (d) hereof, or any owner or user of any truck, truck tractor or trailer, or any officer or agent of any individual, partnership, corporation or association, or their lessees or receivers appointed by any court, who or which is the owner or user of any vehicle, who or which requires or permits the driver or operator to operate or drive any truck, truck tractor or trailer in violation of this section or a rule promulgated under subsection (d) hereof, is guilty of a misdemeanor for each violation and shall be subject to the penalty provided in Section 422.99(a).
(2) A peace officer, upon reasonable cause to believe that a motor vehicle is being operated in violation of this section or a rule promulgated pursuant to subsection (d) hereof, may stop the motor vehicle and inspect the motor vehicle. If a violation is found, the officer may issue a notice to appear for that violation.
(g) Motor Carrier Vehicle Safety Self-Inspection Program.
(1) The City may establish and maintain a voluntary motor carrier vehicle safety inspection program. This program may include the placing of inspection stickers on vehicles which successfully pass all criteria established for this program. Any motor carrier which is authorized by the City to perform self-inspections and affix stickers issued by the City shall comply with all requirements agreed to in writing, as set forth by the City. The authority to participate in the City's motor carrier vehicle safety self-inspection program may be revoked for any authorized self-inspecting motor carrier that is in violation of the requirements set forth by the City.
(2) The City may assess a fee to cover administrative costs of the motor carrier vehicle self-inspection safety program. However, the fee shall not exceed ten dollars ($10.00) per vehicle.
(3) Motor carriers not covered by the motor carrier vehicle self-inspection program which request to participate in the program may request from the City a vehicle safety inspection of any truck, truck tractor or trailer. Those participating motor carriers may be assessed an inspection fee of up to twenty dollars ($20.00), to cover the costs of the administration of this section, for each motor vehicle, trailer or a combination of trailers inspected.
(Ord. 554. Passed 4-6-94.)