Michigan LCO's

Discussion in 'Network: Central' started by tiedeman, Sep 4, 2003.

  1. BBLawn

    BBLawn LawnSite Member
    Messages: 52

    I hate to be the bearer of bad news - trust me, I'd love this bill to end all the regs as much as anyone - but please read the language of the bill itself. Google "Michigan HB5228" and find it on the legislature site. Section 1a(3) is the changed portion, and the wording is very confusing but clear in its intent. What is being passed is not what we are all hoping for. It only exempts vehicles under the 26k threshold from Sections 390, 395 & 396 of the Federal Motor Carrier Act. In broad terms, these sections only cover 1) the requirement to have a US DOT number, 2) Drivers hours of service, and 3) Inspection and maintenance reporting. The bill explicitly keeps Sections 391, 392 and 393 of the FMCA in place for all trucks over 10k lbs. These are the sections regulating, in general, 1) medical cards for the drivers, 2) roadside equipment inspections, including fire extinguishers & triangles, brakes, towing, lamps, etc, and 3) the cell phone prohibition.

    Sorry, but we are all being royally screwed here. The only real benefit this "relief" we were promised is going to change in our daily lives is the the DOT numbers can come off the trucks. Nothing else will change and we are still going to get victimized by the CE officers just as bad as ever.

    There is a second bill that the Farm Bureau is lobbying for that would make these tickets all "fix-its" and take any fine money away from the local level. This is the one we need to pass to actually change the problems we are facing. Unfortunately, this second bill has not even been introduced yet and at the moment has a near zero chance of going through. If we have any chance at all, everyone needs to talk to their rep & senator and explain how we are getting screwed over, how HB5228 does nothing to help us, and what we need to get true relief.

    The Republicans have dominating control over the Michigan Senate, which gives me hope that by some slim chance someone will amend this bill in senate committee and make it work for us. HB5228 as passed is absolute crap. If you care about this, keep watching this bill's progress in senate committee and urge your own senator to amend this bill. If you belong to the MNLA, they are lobbying for us -- call them and tell them how this bill needs to be fixed before it passes through the senate committee.
  2. TJ LAWN

    TJ LAWN LawnSite Member
    Messages: 128

    I thought it was Mark O.......Not Mark Oomkes.....Which is it??????.....:waving:
  3. Working Man

    Working Man LawnSite Member
    Messages: 90

    Anybody in Rochester want to take on a 1/2 acre residential for a family friend?
    Posted via Mobile Device
  4. DieselHolic

    DieselHolic LawnSite Senior Member
    Messages: 250

    Chiming in From Mattawan/Lawton/Kzoo and portage area!
  5. magnatrac

    magnatrac LawnSite Member
    Messages: 8

    Maybe I am reading it wrong but when you read the bill it says "390 through 393, 395 through 399" so 394 would be the only one missing in the range of numbers you mentioned. I was not at the meeting in lansing in march but my brother was there and he said all this was covered. The mnla and farm bureau both were there in support.

    , shaun
  6. BBLawn

    BBLawn LawnSite Member
    Messages: 52

    There is no section 394 in the FMCA, for whatever reason. The devil is in the phrase "A vehicle to which this Act does not apply under this subsection..." [that would be trucks under 26k lbs] "remains subject to...Parts 391 through 393". Really horrible phrasing that only a lawyer could love, but it means that all trucks over the 10k limit must still comply with sections 391-393 of the FMCA. Those are the sections that have the big money fines attached.

    There was a lot of great things discussed at the House committee meeting that didn't ultimately end up in the law as written. At one point there was a transcript of this meeting available online -- I haven't looked for it in a while, but I'm sure it would pull up in a search. The MNLA & Farm Bureau are definitely in support of this bill, taking the approach that something is better than nothing, but I'm telling you that this bill is not what was sold to us & we need to push back on our lobbyists so they know that this is not good enough. We are only going to get one bite at the apple on this subject -- once this bill passes, there will be no second round to help us out.
  7. BBLawn

    BBLawn LawnSite Member
    Messages: 52

    FMCA 394 does not exist today - reserved for future use. Section 397 are the hazmat trucking laws that shouldn't apply to any of us anyway. Section 398 are the rules governing transport of migrant farm workers. And Section 399 covers driver safety rules for big rigs -- position of handles on the cab & things like that. Sections 390, 395 and 396 are the only parts being repealed that really apply to any of us, and these just don't cover a whole lot of what we all really care about.
  8. puffyhead929

    puffyhead929 LawnSite Member
    Messages: 203

    Anyone know of a good irrigation company around Novi?
  9. TJ LAWN

    TJ LAWN LawnSite Member
    Messages: 128

    Troy Clogg Landscape Associates......I also think Lightning Lawn Care Doe's Sprinklers....:waving:
  10. BBLawn

    BBLawn LawnSite Member
    Messages: 52

    Sunrize Irrigation - 734-878-1369, ask for Mike. You won't find anyone better on this side of town.

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