[ Previous Page] [ Home Page ]
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. 6616 April 5, 1989 HOME RULE CITIES: Adoption by reference provisions of the Motor Carrier Safety Act of 1963 A home rule city is not authorized to adopt by reference certain provisions of the Motor Carrier Safety Act of 1963. Honorable Douglas Carl State Senator The Capitol Lansing, MI 48909 You have requested my opinion on the question whether the uniform traffic code act, MCL 257.951(1) et seq; MSA 9.2651(1) et seq, authorizes a home rule city to adopt by reference certain provisions of the Motor Carrier Safety Act of 1963, MCL 480.11 et seq; MSA 9.1666(1) et seq, and rules promulgated pursuant to the authority granted in section 4 of the Motor Carrier Safety Act of 1963. The uniform traffic code act, Sec. 1(1), provides: "A city, township, or village may adopt by reference a code or ordinance for the regulation of traffic within cities, townships, and villages which has been promulgated by the director of the department of state police. The director of the department of state police may promulgate a uniform traffic code pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.328 of the Michigan Compiled Laws." The scope of a statute is limited by its title. Bankhead or Mayor of River Rouge, 35 MichApp 7, 15; 192 NW2d 289 (1971) affd 387 Mich 610; 198 NW2d 414 (1972). The title of the uniform traffic code act provides: "AN ACT to authorize the director of the department of state police to promulgate a uniform traffic code; to authorize a city, township or village to adopt the uniform traffic code by reference without publication in full; and to prescribe criminal penalties and civil sanctions for violation of the code." (Emphasis supplied.) The title of the uniform traffic code act limits the scope of the act to promulgation of a uniform traffic code and the adoption of that code by local units of government. There is no language either in the title or in the act itself that authorizes local units of government to similarly adopt by reference the provisions of the Motor Carrier Safety Act of 1963. It is noted that an additional provision authorizing a home rule city to adopt an ordinance by reference is contained in the home rule cities act, Sec. 3(k), MCL 117.3(k); MSA 5.2073(k); which provides in pertinent part: "Whether or not provided in its charter, a city may adopt a law, code, or rules which have been promulgated and adopted by an authorized agency of the state pertaining to fire, fire hazards, fire prevention, or fire waste, and a fire prevention code, plumbing code, heating code, electrical code, building code, refrigeration machinery code, piping code, boiler code, boiler operation code, elevator machinery code, or a code pertaining to flammable liquids and gases, as well as to hazardous chemicals, which have been promulgated by this state, or by a department, board, or other agency of this state, or by an organization or association which is organized and conducted for the purpose of developing the code, by reference to the code in an adopting ordinance and without publishing the code in full...." See, OAG, 1989-1990, No 6575 p --- (March 7, 1989). However, as may be readily observed from an examination of this provision, the adoption of motor carrier safety provisions is not among the subjects listed in the statutory authorization. It is my opinion, therefore, that neither the uniform traffic code act nor Sec. 3(k) of the home rule cities act authorize a home rule city to adopt by reference provisions of the Motor Carrier Safety Act of 1963. Frank J. Kelley Attorney General
[ Previous Page] [ Home Page ]