For purposes of this chapter, the definitions contained in 49 C.F.R. 390.5 shall apply, except that the definitions of employer and exempt intracity zone shall not apply and except for the following definitions, as modified:
(a) The City of Wayne hereby adopts by reference the provisions of the Motor Carrier Safety Act of 1963 (hereinafter referred to as "the Act"), as amended, being MCLA 480.11 et seq., a copy of which is on file with the City Clerk. In the event that any amendments are made to said statute, such amendments shall be deemed to be adopted and incorporated herein.
(b) The City of Wayne hereby adopts the following provisions of Title 49 of the Code of Federal Regulations, on file with the office of the City Clerk, except where modified by this chapter, to provide for the safe transportation of persons and property with the intent of following the policies and procedures of the United States Department of Transportation's Federal Highway Administration as they relate to Title 49 or the Code of Federal Regulations and the North American Standard Uniform Out-of-Service Criteria and Inspection Procedures:
(1) Hazardous materials regulations, being 49 C.F.R. Parts 100 through 180.
(2) Motor carrier safety regulations, being C.F.R. Part 382, Part 387, Parts 390 through 393, Parts 395 through 397 and Part 399, including appendices 1, D, E and G, except for the following:
A. Where the terms "United States Department of Transportation", "federal highway administrator", "director", "bureau of motor carrier safety", "research and special projects administrator", or "associate administrator for hazardous materials safety" appear, they shall be construed to refer to the Department of State of Police.
B. Where "interstate" appears, it shall mean intrastate or interstate or both, as applicable, except as otherwise specifically provided in this chapter.
C. Where "special agent of the federal highway administration", "administration personnel", or "hazardous materials enforcement specialist" appears, it shall be construed to mean either a peace officer or an enforcement member or a vehicle inspector of the Motor Carrier Division of the Department of State Police.
D. Where MCS 63 appears, it shall mean MC 9 and MC 9b.
E. Where MCS 64 appears, it shall mean MC 5.
F. Exempt intracity zones and the regulations applicable to exempt intracity zones do not apply to this chapter.
G. When a commercial motor vehicle is operated entirely within this State and is not otherwise involved with the movement of intrastate property or passengers in commerce, the definitions in this subsection apply. The definitions contained in those parts of 49 C.F.R. adopted in paragraph (b)(2) hereof apply except for the following definitions, which shall be added or modified as follows:
(3) "Act" means Act 181 of the Public Acts of 1963, as amended.
(4) "Appeal board" means the motor carrier safety appeal board created in section 1b of the Act.
(5) "Bus" means any motor vehicle designed for carrying sixteen or more passengers, including the driver. "Bus" does not include a school bus, a bus defined and certified under the Motor Bus Transportation Act, Act 432 of the Public Acts of 1982, being sections 474.101 to 474.141 of the Michigan Compiled Laws, or a bus operated by a public transit agency operating under any of the following:
A. A county, city, township, or village as provided by law, or other authority incorporated under Act No. 55 of the Public Acts of 1963, being sections 124.351 to 124.359 of the Michigan Compiled Laws. Each authority and governmental agency incorporated under Act No. 55 of the Public Acts of 1963 shall have the exclusive jurisdiction to determine its own contemplated routes, hours of service, estimated transit vehicle miles, costs of public transportation services, and projected capital improvements or projects within its service area.
B. An authority incorporated under the Metropolitan Transportation Authorities Act of 1967, Act No. 204 of the Public Acts of 1967, being Sections 124.401 to 124.426 of the Michigan Compiled Laws, or that operates a transportation service pursuant to an interlocal agreement under the Urban Cooperation Act of 1967, Act No. 7 of the Public Acts of the Extra Session of 1967, being Sections 124.501 to 124.512 of the Michigan Compiled Laws.
C. A contract entered into pursuant to Act No. 8 of the Public Acts of the Extra Session of 1967, being Sections 124.531 to 124.536 of the Michigan Compiled Laws, or Act No. 35 of the Public Acts of 1951, being Sections 124.1 to 124.13 of the Michigan Compiled Laws.
D. An authority incorporated under the Public Transportation Authority Act, Act No. 196 of the Public Acts of 1986, being Sections 124.451 to 124.479 of the Michigan Compiled Laws, or a nonprofit corporation organized under the Nonprofit Corporation Act, Act No. 162 of the Public Acts of 1982, being Sections 450.2101 to 450.3192 of the Michigan Compiled Laws, that provides transportation services.
E. An authority financing public improvements to transportation systems under the Revenue Bond Act of 1933, Act No. 94 of the Public Acts of 1933, being Sections 141.101 to 141.140 of the Michigan Compiled Laws.
(6) "Commercial motor vehicle" means any self-propelled or towed vehicle designed or used on public highways to transport passengers or property, except for a bus exempted in paragraph (b)(5)B. hereof, if the vehicle meets one or more of the following:
A. Has either a gross vehicle weight rating or an actual gross weight or gross combination weight rating or an actual gross combination weight of 10,001 or more pounds.
B. Is designed for carrying sixteen or more passengers, including the driver.
C. Is used in the transportation of hazardous materials in a quantity that requires the vehicle to be marked or placarded pursuant to 49 C.F.R. Parts 100 to 180.
(7) "Gross combination weight" or "GCW" means the combined weight of a combination of vehicles and any load on those vehicles.
(8) "Gross weight", "gross vehicle weight", or "GVW" means the combined weight of a motor vehicle and any load on that vehicle.
(9) "Motor carrier" means a carrier of passengers or property in a commercial motor vehicle. "Motor carrier" includes a motor carrier's agents, officers, and representatives, as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and accessories.
(10) “Out of service” means that process established under the Motor Carrier Safety Act, 1963 PA 181, M.C.L.A. 480.11 to 480.22.
(Ord. 97-10. Passed 11-5-97; Ord. 2000-18. Passed 8-1-00.)