(a) Authority to Declare Drivers Out of Service. Every special agent of the Federal Highway Administration is authorized to declare a driver out of service and to notify the motor carrier of that declaration, upon finding at the time and place of examination that the driver has violated the out-of-service criteria as set forth in subsection (b) hereof.
(b) Out-of-Service Criteria; Exception.
(1) No driver shall drive after being on duty in excess of the maximum periods permitted by this chapter.
(2) No driver required to maintain a record of duty status under CFR 395.8 or CFR 395.15 shall fail to have a record-of-duty status current on the day of examination and for the prior seven consecutive days.
(3) A driver failing only to have possession of a record-of-duty status current on the day of examination and the prior day, but having completed records-of-duty status up to that time (previous six days), will be given the opportunity to make the duty-status record current.
(c) Responsibilities of Motor Carriers.
(1) No motor carrier shall:
A. Require or permit a driver who has been declared out of service to operate a motor vehicle until that driver may lawfully do so under the rules in this chapter.
B. Require a driver who has been declared out of service for failure to prepare a record-of-duty status to operate a motor vehicle until that driver has been off duty eight consecutive hours and is in compliance with this section. The consecutive eight hour off-duty period may include sleeper berth time.
(2) A motor carrier shall complete the "Motor Carrier Certification of Action Taken" portion of the Form MCS-63 (Driver-Vehicle Examination Report) and deliver the copy of the form either personally or by mail to the Regional Director, Office of Motor Carrier Safety, Federal Highway Administration, at the address specified upon the form within fifteen days following the date of examination. If the motor carrier mails the form, delivery is made on the date it is postmarked.
(d) Responsibilities of Drivers.
(1) No driver who has been declared out of service shall operate a motor vehicle until that driver may lawfully do so under the rules of this chapter.
(2) No driver who has been declared out of service for failing to prepare a record-of-duty status shall operate a motor vehicle until the driver has been off duty for eight consecutive hours and is in compliance with this seusbandry to the left of the center of the roadway from a half hour after sunset to a half hour before sunrise, under the conditions specified in Section 639 of the Motor Vehicle Code, MCLA 257.639, as amended, or at any time visibility is substantially diminished due to weather conditions. A person operating or moving an implement of husbandry shall follow all traffic regulations.
(e) The total outside width of the load of a vehicle hauling concrete pipe, agricultural products or unprocessed logs, pulpwood or wood bolts, shall not exceed 108 inches.
(f) Except as provided in subsection (b) hereof, if a vehicle which is equipped with pneumatic tires is operated on a street or highway, the maximum width from the outside of one wheel and tire to the outside of the opposite wheel and tire shall be 102 inches, and the outside width of the body of the vehicle or the load on the vehicle shall not exceed ninety-six inches.
(g) The total outside width of a bus or motor home shall not exceed 102 inches.
(h) A vehicle shall not extend beyond the centerline of a State trunk line highway or a street except when authorized by law. Except as provided in subsection (b) hereof, if the width of the vehicle would make it impossible to stay away from the centerline, a permit shall be obtained
(i) A person who violates this section is responsible for a civil infraction.
(Ord. 97-10. Passed 11-5-97.)