PROPOSED
An Ordinance to amend the Vienna Charter Township Code and to adopt the Motor Carrier Act, the Motor Carrier Safety Act, and the Motor Carrier Fuel Tax Act by reference. The Motor Carrier Act is an act to promote safety upon and conserve the use of public highways of the state; to provide for the supervision, regulation, and control of the use of such highways by all motor vehicles operated by carriers of property for hire upon or over such highways; to preserve, foster, and regulate transportation and permit the coordination of motor vehicle transportation facilities; to provide for the supervision, regulation, and control of the use of such highways by all motor vehicles for hire for such purposes; to classify and regulate carriers of property by motor vehicles for hire upon such public highways for such purposes; to give the Michigan Public Service Commission jurisdiction and authority to prevent evasion of this act through any device or arrangement; to insure adequate transportation service; to give the commission jurisdiction and authority to fix, alter, regulate, and determine rates, fares, charges, classifications, and practices of common motor carriers for such purposes; to require filing with the commission of rates, fares, and charges of contract carriers and to authorize the commission to prescribe minimum rates, fares, and charges, and to require the observance thereof; to prevent unjust discrimination; to prescribe the powers and duties of said commission with reference thereto; to provide for appeals from the orders of such commission; to confer jurisdiction upon the circuit court for the county of Ingham for such appeals; to provide for the levy and collection of certain privilege fees and taxes for such carriers for such purposes and the disposition of such fees and taxes; and to provide for the enforcement of this act; and to prescribe penalties for its violations. The Motor Carrier Safety Act, is an act to promote safety upon the public highways by regulating the operation of certain vehicles; to provide consistent regulation of these areas by state agencies and local units of government; to establish the qualifications of persons necessary for the safe operation of such vehicles; to limit the hours of service of persons engaged in operating such vehicles; to require the keeping of records of such operations; to provide penalties for the violation of this act; to prescribe the powers and duties of certain state agencies; and to repeal certain acts and parts of acts. The Motor Carrier Fuel Tax Act is an act to prescribe a privilege tax for the use of public roads and highways of this state by motor carriers by imposing a specific tax upon the use of motor fuel within this state; to provide for certain credits against this tax and certain mechanisms for paying, collecting, and enforcing this tax; to provide for the licensing of motor carriers and for exemptions from licensure; to require the keeping and providing for the examination of certain reports; to provide review procedures for the assessment of the tax and revocation of a license; to impose certain duties upon and confer certain powers to certain state departments and agencies; to prescribe certain penalties for the violation of this act; and to make appropriations.
THE
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That pursuant to MCLA 42.23, the Code of Ordinances of the Charter Township of Vienna, Morris, Michigan, is hereby amended through adoption by reference of the Motor Carrier Act (MCLA 475.1 through MCLA 479.43), the Motor Carrier Safety Act, (MCLA 480.11 through 480.25), and the Motor Carrier Fuel Tax Act (MCLA 207.211 through MCLA 207.232).
Any changes or amendments of the Motor Carrier Act, the Motor Carrier Safety Act, or the Motor Carrier Fuel Tax Act subsequent to the effective date of this ordinance shall be deemed to be incorporated by reference and made a part hereof as if such changes or amendments were in effect as of the effective date of this ordinance.
If any portion of this Ordinance shall be determined invalid or unconstitutional by a Court, the remainder shall be considered severable and shall remain in full force and effect.
This proposed ordinance will be brought up for final reading and possible adoption September 17, 2007.
Richard Scott, Clerk