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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)


STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6364

May 21, 1986

MOTOR VEHICLES:

Use of safety belts by rural mail carriers and rural newspaper carriers

SAFETY BELTS:

Use by rural mail carriers and rural newspaper carriers

Rural mail carriers utilizing their own personal vehicles while serving their postal routes and rural newspaper carriers utilizing their own vehicles to deliver newspapers and making frequent stops are exempt from the seat belt requirements of MCL 257.710e; MSA 9.2410(5).

Honorable Timothy L. Walberg

State Representative

The Capitol

Lansing, MI 48909

You have requested my opinion as to whether rural mail carriers and rural newspaper carriers who use their own personal vehicles in performing their services are exempt from the provisions of the Michigan Vehicle Code, MCL 257.710e; MSA 9.2410(5), which requires the driver of a motor vehicle to wear a properly adjusted and fastened seat belt.

By its own terms the Act does not apply to rural mail carriers utilizing their own vehicles.

'This section shall not apply ot a driver or passenger of:

'(h) A motor vehicle operated by a rural carrier of the United States postal service while serving his or her rural postal route.' MCL 257.710e(1)(h); MSA 9.2410(5)(1)(h).

In providing the exemption for a rural carrier driver serving a rural postal route, the Legislature has not conditioned it upon ownership of the vehicle by the United States as stated in subsection (g) thereof. Drivers of such vehicles are, thus, exempt from the provisions of the Act while they are performing their rural route postal duties.

There is a similar exemption within the statute which would apply to rural newspaper carriers utilizing their own personal vehicles. MCL 257.710e(1)(g); MSA 9.2410(5)(1)(g) excludes from the provisions of the Act:

'A commercial or United States postal service vehicle which makes frequent stops for the purpose of pickup or delivery of goods or services.'

For purposes of the Michigan Vehicle Code, 'commercial vehicle' is defined:

"Commercial vehicle' includes all motor vehicles used for the transportation of passengers for hire, or constructed or used for transportation of goods, wares or merchandise, and/or all motor vehicles designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.' MCL 257.7; MSA 9.1807. (Emphasis supplied.)

The above-quoted definition of commercial vehicle encompasses a vehicle used to deliver newspapers in rural areas, and it may be concluded therefrom that the Legislature intended the above-quoted exemption to apply to rural newspaper carrier vehicles which make frequent stops.

It is my opinion, therefore, that rural mail carriers utilizing their own personal vehicles while serving their rural postal routes and rural newspaper carriers utilizing their own vehicles to deliver newspapers and making frequent stops are exempt from the provisions of MCL 257.710e; MSA 9.2410(5).

Frank J. Kelley

Attorney General

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