(a) Except as otherwise provided in this section, any driver or operator who violates this chapter or a rule promulgated under the Act, or any owner or user of any bus, truck, truck tractor or trailer or certain other motor vehicles, or any officer or agent of any individual, partnership, corporation or association or their lessees or receivers, appointed by any Court, which is the owner or user of any vehicle, who requires or permits the driver or operator to operate or drive any bus, truck, truck tractor or trailer or certain other motor vehicles in violation of Part I of this chapter or a rule promulgated under the Act, is guilty of a misdemeanor for each violation punishable by imprisonment for not more than ninety days or a fine of not more than one hundred dollars ($100.00), or both.
(b) A police officer or an officer of the Motor Carrier Division of the Department of State Police, upon reasonable cause to believe that a motor vehicle is being operated in violation of Part I of this chapter or a rule promulgated pursuant to the Act, 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. If a motor vehicle is inspected by breaking the load seal, then the officer shall give to the driver a signed receipt of inspection and the peace officer shall be responsible for reapplying a Michigan Department of Transportation seal.
(c) A driver or operator or an owner or user of any bus, truck, truck tractor or trailer or certain other motor vehicles, or any officer or agent of an individual, partnership, corporation or association, or their lessees or receivers appointed by any Court, that is the owner or user of any vehicle, who requires or permits the driver or operator to operate or drive a vehicle with a serious safety defect, is subject to a fine of not more than three hundred dollars ($300.00) for each violation.
As used in this subsection, "serious safety defect" means a violation of Part I of this chapter, or a rule promulgated pursuant to the Act, relative to brakes, tires, steering, coupling devices, headlights, tail lights, brake lights and turn signals, that results in the vehicle being placed out of service.
(d) A driver or operator or any owner or user of any bus, truck, truck tractor or trailer or certain other motor vehicles, or any officer or agent of any individual, partnership, corporation or association or their lessees or receivers appointed by any Court, that is the owner or user of any vehicle, who requires or permits the driver or operator to operate or drive any bus, truck, truck tractor or trailer or certain other motor vehicles that violates Part I of this chapter or a rule promulgated under the Act, if the vehicle is transporting a package required to be marked or labeled under 49 C.F.R. Parts 100 to 180, upon conviction is punishable by a fine of not more than five hundred dollars ($500.00) for each violation, or by imprisonment for not more than ninety days, or both.
Any officer, employee, owner or agent of an individual, partnership, corporation, or association, or the lessees or receivers appointed by any Court, that is the owner or user of any hazardous materials, vehicle inspection or repair facility that violates a section of Part I of this chapter or a rule promulgated under the Act, related to the transportation of hazardous materials, is guilty of a misdemeanor punishable as prescribed in this subsection.
(e) The police or the Motor Carrier Division of the State Police may, under appropriate circumstances, seek shut-down orders in accordance with section 7d of the Act, MCLA 480.17d, as amended.
(Ord. 97-10. Passed 11-5-97.)