Section 479.11 - Records, books, accounts, and files of motor carrier; examination, production, and preservation; witnesses; divulging of information; public files and reports; inspection; violation a
THE MOTOR CARRIER ACT (EXCERPT)
Act 254 of 1933
479.11 Records, books, accounts, and files of motor carrier; examination, production, and preservation; witnesses; divulging of information; public files and reports; inspection; violation as misdemeanor.
Sec. 11.
(1) The commission may examine all records, books, accounts, and files of each motor carrier to whom a certificate or permit has been issued under this act, having to do with the business of transportation conducted by the carrier. The records, books, accounts, and files or other data or information, by order of the commission, shall be produced at any hearing or proceeding before the commission for use at the hearing or proceeding. The records, books, accounts, and files shall be preserved at least 3 years, except that delivery receipts and delivery records and bills of lading shall be preserved at least 1 year. The commission may compel the attendance and testimony of witnesses and do all things necessary to carry out and enforce all the provisions of this act.
(2) A member of the commission, clerk, officer, or employee of the state shall not divulge or make known, in any manner whatsoever not provided by law, to any person the operations, style of work, or any other information regarding the operations of carriers visited or inspected by him or her in the discharge of his or her official duties, or to permit any report, books, documents, accounts, files, or other data examined or inspected by him or her to be seen or examined by any person, except as provided by law. The information as may be obtained under this section shall be and remain inviolate, except for the purposes of carrying out the provisions of this act, it being the express legislative intent to permit the use of the information by the commission, but to prevent its publication in any manner, except when lawfully presented in open hearings either before the commission or some member of the commission, or before a court of law. Nothing in this section shall be construed to apply to the public files of the commission pertaining to the application for and the certificate or permit of any motor carrier, or to quarterly or other reports, which files and reports shall during office hours be open to inspection by any motor carrier, shipper, or consignee.
(3) A person who violates this section is guilty of a misdemeanor.
History: 1933, Act 254, Eff. Oct. 17, 1933 ;-- CL 1948, 479.11 ;-- Am. 1954, Act 28, Imd. Eff. Mar. 31, 1954 ;-- Am. 1962, Act 17, Eff. Mar. 28, 1963 ;-- Am. 1982, Act 399, Imd. Eff. Dec. 28, 1982 ;-- Am. 1994, Act 176, Imd. Eff. June, 20, 1994