(a) Definitions. As used in this section, the following definitions shall apply:
(1) "Axle" means any two or more load-carrying wheels mounted in a single, transverse vertical plane.
(2) "Commercial motor vehicle" means a road tractor, or a truck tractor or a truck having more than two axles, if the road tractor or truck tractor is propelled by motor fuel. The term "commercial motor vehicle" shall not include a road tractor or truck or truck tractor owned by a farmer and used in connection with the farmer's farming operation and not used for hire, except if the vehicle bears out-of-state registration plates from a state that does not give similar treatment to vehicles from the State of Michigan.
(3) "Commissioner" means the State Commissioner of Revenue.
(4) "Department" means the Revenue Division of the Department of Treasury.
(5) "Motor carrier" means a person who operates or causes to be operated a commercial motor vehicle on a public road or highway in this City.
(6) "Motor fuel" means diesel motor fuel as defined by Act 150 of the Public Acts of 1927 (M.C.L.A. 207.101 et seq.; M.S.A. 7.921 et seq.), as amended.
(7) "Nonprofit, private, parochial, denominational or public school, college or university" means an elementary, secondary or post-secondary educational facility.
(8) "Person" means an individual, partnership, firm, association, joint stock company, syndicate or corporation, and any receiver, trustee, conservator or officer, other than a unit of government, having jurisdiction and control of property by virtue of law or by appointment of a court.
(9) "Public roads or highways" means a road, street or place maintained by and/or located in this City and generally open to use by the public as a matter of right for the purpose of vehicular travel, notwithstanding that it may be temporarily closed or that travel may be restricted for the purpose of construction, maintenance, repair or reconstruction.
(10) "Road tractor" means a motor vehicle designed and used for drawing other vehicles, but not constructed to carry any load either independently or as a part of the weight of the vehicle or load being drawn.
(11) "Truck" means a motor vehicle designed, used or maintained primarily for the transportation of property.
(12) "Truck tractor" means a motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load being drawn.
(b) Motor Carrier License.
(1) No person shall act as a motor carrier in this City unless the person is the holder of an unrevoked license issued by the Department.
(2) The license shall be affixed to the right hand side of the cab of every commercial vehicle while it is being operated in this City by a licensed motor carrier.
(c) Trip Permit.
(1) A motor carrier may obtain a trip permit which shall authorize an unlicensed motor carrier to operate one specific commercial motor vehicle in this City for a period of five consecutive days, beginning and ending on the dates specified on the face of the permit.
(2) The trip permit shall be issued instead of a license only if the motor carrier operates on public roads or highways in this City not more than three times in one calendar year.
(3) The trip permit may be obtained from the Department by application in the same manner as a license, or may be made available by contacting the Department by telegram or similar transmission. The cost of a telegram or similar transmission shall be the responsibility of the motor carrier requesting the trip permit.
(Ord. 554. Passed 4-6-94.)
(d) Violations.
(1) No person shall make a false statement or return or refuse or neglect to make a statement or return required by this section; engage in business in this City as a motor carrier without being a holder of an unrevoked license to engage in such business as provided in this section; or in any way violate this section, except as specifically provided by this section. Whoever violates this section is guilty of misdemeanor and shall be subject to the penalty provided in Section 422.99(a).
(2) In addition to the penalty imposed by paragraph (d)(1) hereof, the Department shall receive the license of a licensee who has been convicted under this section.