MCL 480.13 Motor Carrier Safety Appeal Board; Creation; Membership; Duties; Person Not Physically Qualified to Drive; Waiver to Drive Commercial Motor Vehicle; Application; Requirements; Issuance of Waiver; Validity; Renewal; Notice; Suspension Or Revocation; Denial of Application For Waiver; Appeal; Effect On Worker's Compensation Status

• Library: Michigan Statutes
• Edition: 2023
• Currency: Current through Public Act 321 of the 2023 Legislative Session
• Year: 2023
• Citation: MCL 480.13

(1) The motor carrier safety appeal board is created. The board shall consist of the director of the department of state police or his or her designee, the secretary of state or his or her designee, the director of the state transportation department or his or her designee, and 1 representative of the motor carrier industry chosen jointly by these 3 department heads and the Michigan trucking association. The appeal board shall hear and decide applications for waivers from medical requirements of this act and the rules promulgated pursuant to this act.

(2) A person who is not physically qualified to drive under 49 CFR 391.41 and who is otherwise qualified to drive a commercial motor vehicle may drive a commercial motor vehicle if the motor carrier division of the department of state police or the appeal board has granted a waiver to that person.

(3) An application for a waiver shall be submitted jointly by the person who seeks a waiver of his or her physical disqualification and by the motor carrier that will employ the person if the application is granted. The application shall be delivered to the headquarters of the motor carrier division of the department of state police.

(4) An application for a waiver shall contain all of the following:

(a) A description of all of the following:

(i) The type, size, and special equipment, if any, of the vehicles the individual applicant intends to drive.

(ii) The general area and type of roads the individual applicant intends to traverse while driving.

(iii) The maximum distances the individual applicant intends to drive.

(iv) The nature of the commodities or cargo the individual applicant intends to transport.

(v) The methods the applicant or any other person will use to load and secure the commodities or cargo.

(vi) The nature and extent of the individual applicant's experience at operating commercial motor vehicles of the type he or she intends to drive.

(b) An agreement that the motor carrier will promptly file with the motor carrier division of the department of state police reports that the division may require, including accident reports.

(c) An agreement that if a waiver is granted, it authorizes the individual applicant to drive intrastate only when employed by the motor carrier that joined in the individual's application.

(5) An application for a waiver shall be accompanied by all of the following:

(a) Not less than 2 reports of medical examinations, conducted within the preceding 60 days of the date of the application, pursuant to 49 CFR 391.43, each of which includes the medical examiner's opinion concerning the individual applicant's ability to operate safely a vehicle of the type the applicant intends to drive.