Section 480.14 - Exceptions to act and federal provisions; exemption from medical qualification; grandfather rights; preexisting conditions; maintaining copy of grandfather card. - Michigan Statutes

MOTOR CARRIER SAFETY ACT OF 1963 (EXCERPT)
Act 181 of 1963

480.14 Exceptions to act and federal provisions; exemption from medical qualification; grandfather rights; preexisting conditions; maintaining copy of grandfather card.

Sec. 4.

(1) The provisions of this act and 49 CFR 391.21 relating to applications for employment, 49 CFR 391.23 relating to investigations and inquiries, and 49 CFR 391.31 and CFR 391.33 relating to road tests do not apply to a driver who has been a regularly employed driver of an intrastate motor carrier of property for a continuous period which began on or before June 10, 1984, as long as he or she continues to be a regularly employed driver of that motor carrier or to a driver who has been a regularly employed driver of an intrastate motor carrier of passengers for a continuous period which began on or before March 3, 1991, as long as he or she continued to be a regularly employed driver of that motor carrier. Such a driver is qualified to drive a commercial motor vehicle if he or she fulfills the requirements of section 2d(2).

(2) The provisions in this act pertaining to an intrastate driver's medical qualifications do not apply to any driver who:

(a) Has been a regularly employed driver of the motor carrier for a continuous period that began on or before June 10, 1984.

(b) Has continued to be a regularly employed driver of that motor carrier.

(c) Is otherwise qualified to drive a commercial motor vehicle under this act.

(d) Has made application to the appeal board claiming grandfathering rights.

(e) Has received a grandfather rights card from the motor carrier division of the department of state police. The grandfather rights card shall be carried at all times on the person of the driver while he or she is operating a commercial motor vehicle. The original grandfather rights application form or a legible copy of it will be retained in the driver's qualification file in accordance with this act.

(3) Notwithstanding subsection (2), the provisions of this act pertaining to random, reasonable cause, and postaccident drug and alcohol testing apply to all drivers as required by 49 CFR part 382 granted grandfather rights under this section.

(4) Grandfather rights shall remain valid until December 31, 2014.

(5) The exemption from medical qualification under this section applies only to preexisting conditions before January 1, 1996. Any medical condition that would normally disqualify a driver under this act automatically voids any grandfather rights. Any driver who develops a normally disqualifying medical condition or violates any provision of subsection (2) of this section after being issued a grandfather card must return the grandfather card to the motor carrier division of the department of state police and apply for a medical waiver as provided in this act.

(6) A motor carrier shall maintain the original or a legible copy of the grandfather card issued under this act in the file of each driver that has been issued one.

History: 1963, Act 181, Eff. Sept. 6, 1963 ;-- Am. 1984, Act 23, Imd. Eff. Mar. 8, 1984 ;-- Am. 1995, Act 265, Imd. Eff. Jan. 8, 1996 ;-- Am. 2005, Act 177, Imd. Eff. Oct. 20, 2005
Admin Rule: R 460.16101 et seq. of the Michigan Administrative Code.