Michigan Laws 29.480 – Preemption of local programs; motor vehicles not subject to act; completion of uniform application; information as private data; release of information
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(1) This act preempts and supersedes hazardous materials transportation registration or permitting programs administered by any city, village, township, county, or other political subdivision of this state.
(2) Motor vehicles owned and operated by a local, state, or federal government, or any other political subdivision, are not subject to this act.
Terms Used In Michigan Laws 29.480
- Department: means the department of environmental quality. See Michigan Laws 29.472
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Hazardous materials: means any of the following:
(i) "Hazardous waste" as that term is defined in section 11103 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 29.472Motor carrier: means a person engaged in the transportation of hazardous materials by highway. See Michigan Laws 29.472 Participating state: means a state electing to participate in the uniform program by entering a base state agreement. See Michigan Laws 29.472 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Uniform application: means the uniform registration and permit application form established under the uniform program. See Michigan Laws 29.472 Uniform program: means the uniform state hazardous materials transportation registration and permit program established in the report submitted and amended pursuant to 49 USC 5119(b). See Michigan Laws 29.472 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
(3) A motor carrier that holds a valid permit in compliance with part 111 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11101 to 324.11152, on the effective date of this act, shall, upon expiration of that permit, submit a completed uniform application to the department.
(4) The following data submitted on a uniform application pursuant to this act are private data and not subject to the provisions of the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246:
(a) Information related to a motor carrier’s customers and service provided to specific customers.
(b) Financial balance sheet and income statement data.
(c) Ownership and debt liability data.
(d) Information related to a motor carrier’s parent companies, affiliates, and subsidiaries.
(5) Notwithstanding subsection (4), for the purposes of administering the uniform program, the department may release any information on individuals or motor carriers to the United States department of transportation, any other participating state or state agency, or to the national repository established under the uniform program.