MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949
SIZE, WEIGHT AND LOAD


257.716 Exceeding size and weight limitations as misdemeanor; exceptions; rules; operation of wrecker, disabled vehicle, and trailer; noncompliance as civil infraction; fine.

Sec. 716.

    (1) Unless specifically declared to be a civil infraction, it is a misdemeanor for a person to drive or move or for the owner to cause or permit to be driven or moved on a highway a vehicle or vehicles of a size or weight exceeding the limitations stated in this chapter or otherwise in violation of this chapter, and the maximum size and weight specified in this chapter are lawful throughout this state, and local authorities shall not alter those size and weight limitations except as express authority is granted in this chapter.
    (2) The provision of this chapter governing size, weight, and load do not apply to a fire apparatus, to an implement of husbandry, a boat lift or oversized hydraulic boat trailer owned and operated by a marina or watercraft dealer used exclusively in a commercial boat storage operation and incidentally moved upon a highway, a combination of vehicles described in, and under the conditions provided by, subsection (4), or to a vehicle operated under the terms of a special permit issued as provided in this chapter.
    (3) The state transportation department, under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, may promulgate rules permitting and regulating the operation of a vehicle or vehicles of a size or weight that exceeds the size or weight limitations in this chapter. The rules may restrict or proscribe the conditions of operation of a vehicle or vehicles of a size or weight that exceeds the size or weight limitations in this chapter, if the restriction or proscription is necessary to protect the public safety or to prevent undue damage to a road foundation or surface, a structure, or an installation. The rules may provide for a reasonable inspection fee for an inspection of a vehicle or vehicles to determine whether their sizes and weights are in conformance with this act, and may require other security necessary to compensate for damage caused by the vehicle or vehicles described in this subsection.
    (4) A wrecker and a disabled vehicle, or a wrecker and a combination of a disabled vehicle and 1 trailer, that exceeds the size and weight limitations in this chapter may be operated upon the highways of this state under the following conditions:
    (a) The wrecker is specifically designed for such towing operations, is equipped with flashing, oscillating, or rotating amber or red lights as permitted under section 698, and is capable of utilizing the lighting and braking systems of the disabled vehicle or combination of disabled vehicles if those systems are operational.
    (b) For a combination of disabled vehicles, the wrecker is issued a special permit under section 725 by the state transportation department. The special permit is valid for the entire towing distance, and the operator of the wrecker may remove the disabled vehicles from the roadway at any lawful point of his or her choosing within that distance.
    (c) For a single disabled vehicle, the wrecker is issued a special permit under section 725 by the state transportation department for the transport of the disabled vehicle. A wrecker operator is not subject to mileage limitations for a special permit issued for purposes of this subdivision.
    (d) The wrecker does not operate on any highway, road, street, or structure included on a list provided by the state transportation department unless the disabled vehicle or combination of vehicles is located on 1 of those roads or structures.
    (5) The owner or operator of a wrecker that does not comply with subsection (4)(d) is responsible for a civil infraction and shall pay a civil fine of not less than $250.00 or more than $500.00. The civil fine imposed under this subsection is in addition to any fine that may be imposed under section 724 or 725.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1970, Act 177, Imd. Eff. Aug. 3, 1970 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1980, Act 311, Imd. Eff. Dec. 4, 1980 ;-- Am. 1998, Act 427, Eff. Mar. 1, 1999 ;-- Am. 2006, Act 509, Imd. Eff. Dec. 29, 2006 ;-- Am. 2008, Act 539, Imd. Eff. Jan. 13, 2009 ;-- Am. 2016, Act 453, Eff. Apr. 5, 2017





257.717 Maximum permissible width of vehicle or load; extension beyond center line of highway; permit; designation of highway for operation of vehicle or vehicle combination; special permit; boat lift or trailer; snowplow blade; violation as civil infraction; charging owner.

Sec. 717.

    (1) The total outside width of a vehicle or the load on a vehicle shall not exceed 96 inches, except as otherwise provided in this section.
    (2) A person may operate or move an implement of husbandry of any width on a highway as required, designed, and intended for farming operations, including the movement of implements of husbandry being driven or towed and not hauled on a trailer, without obtaining a special permit for an excessively wide vehicle or load under section 725. The operation or movement of the implement of husbandry shall be in a manner so as to minimize the interruption of traffic flow. A person shall not operate or move an implement of husbandry to the left of the center of the roadway from a half hour after sunset to a half hour before sunrise, under the conditions specified in section 639, or at any time visibility is substantially diminished due to weather conditions. A person operating or moving an implement of husbandry shall follow all traffic regulations.
    (3) The total outside width of the load of a vehicle hauling concrete pipe, ferrous pipe, agricultural products, or unprocessed logs, pulpwood, or wood bolts shall not exceed 108 inches.
    (4) Except as provided in subsections (2) and (5) and this subsection, if a vehicle that is equipped with pneumatic tires is operated on a highway, the maximum width from the outside of 1 wheel and tire to the outside of the opposite wheel and tire shall not exceed 102 inches, and the outside width of the body of the vehicle or the load on the vehicle shall not exceed 96 inches. However, a truck and trailer or a tractor and semitrailer combination hauling pulpwood or unprocessed logs may be operated with a maximum width of not to exceed 108 inches in accordance with a special permit issued under section 725.
    (5) The total outside body width of a school bus, a bus, a trailer coach, a trailer, a semitrailer, a truck camper, or a motor home shall not exceed 102 inches. However, an appurtenance of a school bus, a trailer coach, a truck camper, or a motor home that extends not more than 6 inches beyond the total outside body width does not violate this section.
    (6) A vehicle shall not extend beyond the center line of a state trunk line highway except when authorized by law. Except as provided in subsection (2), if the width of the vehicle makes it impossible to stay away from the center line, a permit shall be obtained under section 725.
    (7) The director of the state transportation department, a county road commission, or a local authority may designate a highway under the agency's jurisdiction as a highway on which a person may operate a vehicle or vehicle combination that is not more than 102 inches in width, including load, the operation of which would otherwise be prohibited by this section. The agency making the designation may require that the owner or lessee of the vehicle or of each vehicle in the vehicle combination secure a permit before operating the vehicle or vehicle combination. This subsection does not restrict the issuance of a special permit under section 725 for the operation of a vehicle or vehicle combination. This subsection does not permit the operation of a vehicle or vehicle combination described in section 722a carrying a load described in that section if the operation would otherwise result in a violation of that section.
    (8) The director of the state transportation department, a county road commission, or a local authority may issue a special permit under section 725 to a person operating a vehicle or vehicle combination if all of the following are met:
    (a) The vehicle or vehicle combination, including load, is not more than 106 inches in width.
    (b) The vehicle or vehicle combination is used solely to move new motor vehicles or parts or components of new motor vehicles between facilities that meet all of the following:
    (i) New motor vehicles or parts or components of new motor vehicles are manufactured or assembled in the facilities.
    (ii) The facilities are located within 10 miles of each other.
    (iii) The facilities are located within the city limits of the same city and the city is located in a county that has a population of more than 400,000 and less than 500,000 according to the most recent federal decennial census.
    (c) The special permit and any renewals are each issued for a term of 1 year or less.
    (9) A person may move or operate a boat lift of any width or an oversized hydraulic boat trailer owned and operated by a marina or watercraft dealer in a commercial boat storage operation on a highway under a multiple trip permit issued on an annual basis as specified under section 725. The operation or movement of the boat lift or trailer shall minimize the interruption of traffic flow. It shall be used exclusively to transport a boat between a place of storage and a marina or in and around a marina. A boat lift or oversized hydraulic boat trailer may be operated, drawn, or towed on a street or highway only when transporting a vessel between a body of water and a place of storage or when traveling empty to or from transporting a vessel. A boat lift shall not be operated on limited access highways. A person moving or operating a boat lift or oversized hydraulic boat trailer shall follow all traffic regulations and shall ensure the route selected has adequate power and utility wire height clearance.
    (10) A person may operate or move a truck to which a snowplow blade that is wider than 96 inches but no more than 132 inches wide is mounted without obtaining a special permit for an excessively wide vehicle or load under section 725. This subsection only applies between October 1 and May 1 of each year. A person operating a truck described in this subsection shall minimize the overwidth condition of the snowplow blade when not engaged in snow removal by angling the plow blade or any other method. This subsection does not apply to a person operating construction equipment for snow removal.
    (11) A person who violates this section is responsible for a civil infraction. The owner of the vehicle may be charged with a violation of this section.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1951, Act 68, Eff. Sept. 28, 1951 ;-- Am. 1952, Act 69, Imd. Eff. Apr. 8, 1952 ;-- Am. 1953, Act 206, Imd. Eff. June 10, 1953 ;-- Am. 1954, Act 92, Eff. Aug. 13, 1954 ;-- Am. 1964, Act 222, Eff. Aug. 28, 1964 ;-- Am. 1966, Act 237, Eff. Mar. 10, 1967 ;-- Am. 1976, Act 320, Imd. Eff. Dec. 7, 1976 ;-- Am. 1978, Act 391, Eff. Jan. 15, 1979 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1979, Act 16, Eff. Aug. 1, 1979 ;-- Am. 1982, Act 533, Eff. Mar. 30, 1983 ;-- Am. 1987, Act 90, Imd. Eff. July 1, 1987 ;-- Am. 1992, Act 257, Imd. Eff. Dec. 7, 1992 ;-- Am. 1999, Act 63, Imd. Eff. June 17, 1999 ;-- Am. 2000, Act 7, Imd. Eff. Feb. 25, 2000 ;-- Am. 2002, Act 453, Imd. Eff. June 21, 2002 ;-- Am. 2002, Act 552, Eff. Oct. 1, 2002 ;-- Am. 2004, Act 511, Imd. Eff. Jan. 3, 2005 ;-- Am. 2008, Act 539, Imd. Eff. Jan. 13, 2009 ;-- Am. 2014, Act 391, Imd. Eff. Dec. 22, 2014 ;-- Am. 2018, Act 273, Eff. Sept. 27, 2018 ;-- Am. 2018, Act 342, Eff. Jan. 14, 2019





257.718 Width of load carried on passenger type vehicle; violation as civil infraction.

Sec. 718.

    (1) A passenger type vehicle shall not be operated on a highway with a load carried on the vehicle extending beyond the line of the fenders on the left side of the vehicle nor extending more than 6 inches beyond the line of the fenders on the right side of the vehicle.
    (2) A person who violates this section is responsible for a civil infraction.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979



***** 257.719 SUBSECTIONS (2)(a) AND (3)(b) MAY NOT APPLY: See subsection (9) *****



257.719 Height of vehicle; liability for damage to bridge or viaduct or resulting injury; normal length maximum; prohibitions; length of certain vehicles prohibited from operation on state highways; combination of truck and semitrailer transporting assembled motor vehicles or bodies; connecting assemblies and lighting devices; gross weight; violation as civil infraction; applicability of subsections (2)(a) and (3)(b); definitions.

Sec. 719.

    (1) A vehicle unloaded or with load shall not exceed a height of 13 feet 6 inches. The owner of a vehicle that collides with a lawfully established bridge or viaduct is liable for all damage and injury resulting from a collision caused by the height of the vehicle, whether the clearance of the bridge or viaduct is posted or not.
    (2) Lengths described in this subsection shall be known as the normal length maximum. Except as provided in subsection (3), the following vehicles and combinations of vehicles shall not be operated on a highway in this state in excess of these lengths:
    (a) Subject to subsection (9), any single vehicle: 40 feet; a crib vehicle on which logs are loaded lengthwise of the vehicle: 42.5 feet; any single bus or motor home: 45 feet.
    (b) Articulated buses: 65 feet.
    (c) Notwithstanding any other provision of this section, a combination of a truck and semitrailer or trailer, or a truck tractor, semitrailer, and trailer, or truck tractor and semitrailer or trailer, designed and used exclusively to transport assembled motor vehicles or bodies, recreational vehicles, or boats: 65 feet. A combination of a truck and semitrailer or trailer, or a truck tractor, semitrailer, and trailer, or a truck tractor and semitrailer or trailer designed and used to transport boats from the manufacturer: 75 feet. A stinger-steered combination: 80 feet. The load on the combinations of vehicles described in this subdivision may extend an additional 3 feet beyond the front and 4 feet beyond the rear of the combinations of vehicles, except that the load on a stinger-steered combination may extend an additional 4 feet beyond the front and 6 feet beyond the rear. Retractable extensions used to support and secure the load that do not extend beyond the allowable overhang for the front and rear shall not be included in determining length of a loaded vehicle or vehicle combination.
    (d) Truck tractor and semitrailer combinations: no overall length, the semitrailer: 50 feet.
    (e) Except as provided in subdivision (j), truck and semitrailer or trailer: 59 feet.
    (f) Except as provided in subdivisions (g) and (k), truck tractor, semitrailer, and trailer, or truck tractor and 2 semitrailers: 59 feet.
    (g) A truck tractor, semitrailer, and trailer, or a truck tractor and 2 semitrailers, in which no semitrailer or trailer is more than 28-1/2 feet long: 65 feet. This subdivision only applies while the vehicle is being used for a business purpose reasonably related to picking up or delivering a load and only if each semitrailer or trailer is equipped with a device or system capable of mechanically dumping construction materials or dumping construction materials by force of gravity.
    (h) More than 1 motor vehicle, wholly or partially assembled, in combination, utilizing 1 tow bar or 3 saddle mounts with full mount mechanisms and utilizing the motive power of 1 of the vehicles in combination: 55 feet.
    (i) A recreational vehicle that has its own motive power, in combination with a trailer: 65 feet or, if the operator of the recreational vehicle has a group commercial motor vehicle designation on his or her operator's or chauffeur's license, 75 feet.
    (j) Truck and trailer combinations designed and used to transport agricultural drainage tubing: 75 feet.
    (k) A towaway trailer transporter combination: 82 feet. As used in this subdivision, "towaway trailer transportation combination" means that term as defined in 49 USC 31111.
    (3) Notwithstanding subsection (2), the following vehicles and combinations of vehicles shall not be operated on a designated highway of this state in excess of these lengths:
    (a) Truck tractor and semitrailer combinations: no overall length limit, the semitrailer 53 feet. City, village, or county authorities may prohibit stops of vehicles with a semitrailer longer than 50 feet within their jurisdiction unless the stop occurs along appropriately designated routes, or is necessary for emergency purposes or to reach shippers, receivers, warehouses, and terminals along designated routes.
    (b) Except as provided in subsection (2)(k), truck and semitrailer or trailer combinations: 65 feet, except that a person may operate a truck and semitrailer or trailer designed and used to transport saw logs, pulpwood, and tree length poles that does not exceed an overall length of 70 feet or a crib vehicle and semitrailer or trailer designed and used to transport saw logs that does not exceed an overall length of 75 feet. A crib vehicle and semitrailer or trailer designed to and used to transport saw logs shall not exceed a gross vehicle weight of 164,000 pounds. A person may operate a truck tractor and semitrailer designed and used to transport saw logs, pulpwood, and tree length wooden poles with a load overhang to the rear of the semitrailer which does not exceed 6 feet if the semitrailer does not exceed 50 feet in length.
    (c) Notwithstanding subsection (5)(d), a truck tractor with a log slasher unit and a log saw unit: no overall limit if the length of each unit does not exceed 28-1/2 feet, or the overall length of the log slasher unit and the log saw unit, as measured from the front of the first towed unit to the rear of the second towed unit while the units are coupled together, does not exceed 58 feet. The coupling devices of the truck tractor and units set forth in this subdivision shall meet the requirements established under the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25.
    (d) Except as provided in subsection (2)(k), truck tractor and 2 semitrailers, or truck tractor, semitrailer, and trailer combinations: no overall length limit, if the length of each semitrailer or trailer does not exceed 28-1/2 feet each, or the overall length of the semitrailer and trailer, or 2 semitrailers as measured from the front of the first towed unit to the rear of the second towed unit while the units are coupled together does not exceed 58 feet.
    (e) More than 1 motor vehicle, wholly or partially assembled, in combination, utilizing 1 tow bar or 3 saddle mounts with full mount mechanisms and utilizing the motive power of 1 of the vehicles in combination: 97 feet.
    (f) Truck tractor and lowboy semitrailer combinations: no maximum overall length, if the lowboy semitrailer does not exceed 59 feet, except as otherwise permitted under this subdivision. A lowboy semitrailer more than 59 feet in length shall not operate with more than any combination of 4 axles on the lowboy unless an oversized load permit is issued by the state transportation department or a local authority with respect to highways under its jurisdiction. As used in this subdivision, "lowboy semitrailer" means a flatbed semitrailer with a depressed section that has the specific purpose of being lowered and raised for loading and unloading.
    (4) Notwithstanding any other provision of this section, a combination of a truck and semitrailer, or truck tractor and semitrailer, used exclusively to transport assembled motor vehicles or bodies that have a trailer length of 53 feet may have a load that extends an additional 3 feet beyond the front of the trailer and 4 feet beyond the rear of the trailer. Retractable extensions used to support and secure the load that do not extend beyond the allowable overhang for the front and rear shall not be included in determining length of a loaded vehicle or vehicle combination. The total overall length loaded of the combination of vehicles described in this subsection shall not exceed 79 feet.
    (5) The following combinations and movements are prohibited:
    (a) A truck shall not haul more than 1 trailer or semitrailer, and a truck tractor shall not haul more than 2 semitrailers or 1 semitrailer and 1 trailer in combination at any 1 time, except that a farm tractor may haul 2 wagons or trailers, or garbage and refuse haulers may, during daylight hours, haul up to 4 trailers for garbage and refuse collection purposes, not exceeding in any combination a total length of 55 feet and at a speed limit not to exceed 15 miles per hour.
    (b) A combination of vehicles or a vehicle shall not have more than 11 axles, except when operating under a valid permit issued by the state transportation department or a local authority with respect to a highway under its jurisdiction.
    (c) Any combination of vehicles not specifically authorized under this section is prohibited.
    (d) Except as provided in subsection (3)(c), a combination of 2 semitrailers pulled by a truck tractor, unless each semitrailer uses a fifth wheel connecting assembly that conforms to the requirements of the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25.
    (e) Except as provided in subsection (2)(c), a vehicle or a combination of vehicles shall not carry a load extending more than 3 feet beyond the front of the lead vehicle.
    (f) A vehicle described in subsections (2)(e) and (3)(e) employing triple saddle mounts unless all wheels that are in contact with the roadway have operating brakes.
    (6) All combinations of vehicles under this section shall employ connecting assemblies and lighting devices that are in compliance with the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25.
    (7) The total gross weight of a truck tractor, semitrailer, and trailer combination or a truck tractor and 2 semitrailers combination that exceeds 59 feet in length shall not exceed a ratio of 400 pounds per engine net horsepower delivered to clutch or its equivalent specified in the handbook published by the Society of Automotive Engineers, Inc. (SAE), 1977 edition.
    (8) A person who violates this section is responsible for a civil infraction. The owner of the vehicle may be charged with a violation of this section.
    (9) The provisions in subsections (2)(a) and (3)(b) prescribing the length of a crib vehicle on which logs are loaded lengthwise do not apply unless 23 USC 127(d) is amended to allow crib vehicles carrying logs to be loaded as described in this section.
    (10) As used in this section:
    (a) "Designated highway" means a highway approved by the state transportation department or a local authority with respect to a highway under its jurisdiction.
    (b) "Length" means the total length of a vehicle, or combination of vehicles, including any load the vehicle is carrying. Length does not include devices described in 23 CFR 658.16 and 23 CFR part 658, appendix D, 23 CFR 658.16 and 23 CFR part 658, appendix D, as on file with the secretary of state are adopted by reference. A safety or energy conservation device shall be excluded from a determination of length only if it is not designed or used for the carrying of cargo, freight, or equipment. Semitrailers and trailers shall be measured from the front vertical plane of the foremost transverse load supporting structure to the rearmost transverse load supporting structure. Vehicle components not excluded by law shall be included in the measurement of the length, height, and width of the vehicle.
    (c) "Stinger-steered combination" means a truck tractor and semitrailer combination in which the fifth wheel is located on a drop frame located behind and below the rearmost axle of the power unit.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1951, Act 43, Eff. Sept. 28, 1951 ;-- Am. 1954, Act 111, Imd. Eff. Apr. 15, 1954 ;-- Am. 1955, Act 208, Imd. Eff. June 17, 1955 ;-- Am. 1956, Act 141, Imd. Eff. Apr. 16, 1956 ;-- Am. 1957, Act 291, Eff. Sept. 27, 1957 ;-- Am. 1958, Act 88, Imd. Eff. Apr. 11, 1958 ;-- Am. 1964, Act 94, Eff. Aug. 28, 1964 ;-- Am. 1966, Act 79, Imd. Eff. June 14, 1966 ;-- Am. 1968, Act 43, Imd. Eff. May 21, 1968 ;-- Am. 1969, Act 59, Imd. Eff. July 21, 1969 ;-- Am. 1970, Act 70, Imd. Eff. July 12, 1970 ;-- Am. 1973, Act 207, Imd. Eff. Jan. 11, 1974 ;-- Am. 1974, Act 95, Imd. Eff. Apr. 25, 1974 ;-- Am. 1976, Act 201, Imd. Eff. July 23, 1976 ;-- Am. 1978, Act 225, Eff. Mar. 30, 1979 ;-- Am. 1978, Act 386, Imd. Eff. July 27, 1978 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1978, Act 565, Imd. Eff. Dec. 29, 1978 ;-- Am. 1980, Act 487, Imd. Eff. Jan. 21, 1981 ;-- Am. 1981, Act 147, Imd. Eff. Nov. 10, 1981 ;-- Am. 1982, Act 350, Imd. Eff. Dec. 21, 1982 ;-- Am. 1982, Act 533, Eff. Mar. 30, 1983 ;-- Am. 1984, Act 1, Imd. Eff. Jan. 24, 1984 ;-- Am. 1985, Act 174, Imd. Eff. Dec. 2, 1985 ;-- Am. 1986, Act 187, Imd. Eff. July 8, 1986 ;-- Am. 1988, Act 88, Eff. Apr. 15, 1988 ;-- Am. 1988, Act 356, Imd. Eff. Dec. 7, 1988 ;-- Am. 1990, Act 78, Imd. Eff. May 24, 1990 ;-- Am. 1992, Act 127, Imd. Eff. June 30, 1992 ;-- Am. 1995, Act 248, Imd. Eff. Dec. 27, 1995 ;-- Am. 1996, Act 136, Imd. Eff. Mar. 21, 1996 ;-- Am. 2000, Act 306, Imd. Eff. Oct. 16, 2000 ;-- Am. 2002, Act 78, Imd. Eff. Mar. 25, 2002 ;-- Am. 2002, Act 453, Imd. Eff. June 21, 2002 ;-- Am. 2003, Act 142, Imd. Eff. Aug. 5, 2003 ;-- Am. 2004, Act 420, Eff. Jan. 1, 2006 ;-- Am. 2009, Act 37, Imd. Eff. June 4, 2009 ;-- Am. 2012, Act 80, Imd. Eff. Apr. 11, 2012 ;-- Am. 2012, Act 282, Imd. Eff. July 5, 2012 ;-- Am. 2015, Act 208, Eff. Feb. 28, 2016 ;-- Am. 2017, Act 35, Eff. Aug. 21, 2017 ;-- Am. 2017, Act 170, Eff. Feb. 19, 2018 ;-- Am. 2018, Act 35, Eff. May 22, 2018





257.719a Operation of towing vehicle to which mobile home or park model trailer attached.

Sec. 719a.

    (1) Notwithstanding any other provisions of this act, a person shall not operate a towing vehicle to which a mobile home or park model trailer is attached on a street or highway if that mobile home or park model trailer is more than 45 feet in length or more than 60 feet in length when combined with the towing vehicle, is more than 12-1/2 feet in height, and has an actual body width of more than 102 inches at base rail, unless that person possesses either of the following:
    (a) A permit issued by the jurisdictional authority under this section.
    (b) A special permit issued by the jurisdictional authority under section 725.
    (2) A jurisdictional authority may issue to a mobile home or park model trailer transport company, a mobile home or park model trailer manufacturer, or a mobile home or park model trailer dealer an annual permit to move on a street or highway, in the ordinary course of that company's, manufacturer's, or dealer's business, a mobile home or park model trailer that conforms to each of the following:
    (a) The mobile home or park model trailer is not more than 12 feet wide.
    (b) The actual body length of the mobile home or park model trailer is not more than 80 feet and the combined length of the mobile home or park model trailer and towing vehicle is not more than 105 feet or the total length of a combination of mobile homes or park model trailers is not more than 80 feet and the total length of a combination of mobile homes or park model trailers and towing vehicle is not more than 105 feet.
    (3) A jurisdictional authority under section 725 may issue a special permit for the movement of a mobile home or park model trailer on a street or highway within its jurisdiction if the width of that mobile home or park model trailer conforms to both of the following:
    (a) The mobile home or park model trailer is not more than 16 feet wide plus normal appurtenances or eaves that extend not more than 6 inches from any side of the mobile home or park model trailer.
    (b) The length of the mobile home or park model trailer complies with subsection (2)(b).
    (4) A person operating a towing vehicle under subsection (3) shall transport a mobile home or park model trailer only on the lane farthest to the right of that person. A person shall not move a mobile home or park model trailer that is 14 or more feet in width including an eave of 2 feet when the wind velocity exceeds 25 miles per hour.
    (5) A jurisdictional authority shall not issue a permit described in subsection (2) or (3) for the transport of a mobile home or park model trailer on a Saturday, Sunday, legal holiday, from the noon before until the noon after a holiday, or during the hours between sunset and sunrise.
    (6) A jurisdictional authority shall provide and a person operating a towing vehicle shall comply with all of the following in a permit issued under this section:
    (a) The date, day, and time period during which a mobile home or park model trailer subject to the permit may be moved on a highway.
    (b) Notice that the permit is conditioned upon its holder's compliance with the permit's terms and with the law.
    (c) Notice that the operator of a towing vehicle transporting the mobile home or park model trailer shall operate the towing vehicle on a highway as follows:
    (i) At a safe speed and in a safe manner that will not impede motor traffic.
    (ii) Only when the surface condition of the highway is not slippery.
    (iii) In compliance with seasonal load restrictions.
    (d) For a mobile home or park model trailer and towing vehicle that, when combined, are more than 80 feet in length or more than 12 feet wide, all of the following:
    (i) Notice that the mobile home or park model trailer shall be equipped with 2 flashing amber lights on the rear of the mobile home or park model trailer and 1 flashing amber light on the top of the towing vehicle.
    (ii) Notice that the mobile home or park model trailer shall be equipped with stop lights and directional lights on the rear of the mobile home or park model trailer.
    (iii) Notice that signs with the words "oversize load" shall be displayed on the front bumper of the towing vehicle and the back of the mobile home or park model trailer or, in the case of mobile homes or park model trailers that are 16 feet wide, notice that signs with the words "16-ft wide load" shall be displayed on the front bumper of the towing vehicle and the back of the mobile home or park model trailer.
    (iv) Notice that the signs identified in subparagraph (iii) shall be of durable material, in good condition, with black lettering on interstate yellow background, and that each letter shall be of block lettering not less than 12 inches high at the front and not less than 16 inches high at the rear of the unit.
    (v) Notice that a vehicle escort is required on those roads where the state police consider escort vehicles necessary for highway safety.
    (7) Signs and other special identification for escort vehicles shall conform to state transportation department requirements for all escort vehicles for oversized loads.
    (8) For a mobile home or park model trailer being moved pursuant to this section or section 725, the distance between mobile home or park model trailer axle centers shall not be less than 34 inches. The axles and tires shall meet standards established by the state transportation department.
    (9) This section does not grant or give authority to the state transportation department that did not exist on May 1, 1982, in accordance with 23 USC 127.
    (10) A person that violates this section is responsible for a civil infraction and may be assessed a civil fine of not more than $500.00. The owner of the towing vehicle may be charged with a violation of this section.
    (11) The state transportation commission may order the state transportation department to immediately cease issuing all special permits to move on the highways of the lower peninsula of this state a mobile home or park model trailer that is more than 14-1/3 feet wide plus normal appurtenances that extend no more than 6 inches, and an eave that extends no more than 2 feet from the width of that mobile home or park model trailer if the state transportation commission makes a determination that those permits create an unreasonable safety hazard or hazards. The state transportation commission shall notify all other jurisdictional authorities of a determination made under this subsection. The order shall not prohibit the issuance of a special permit for the movement of a mobile home or park model trailer if a binding contract for the movement of that mobile home or park model trailer was executed before the commission determination of an unreasonable safety hazard or hazards.
    (12) As used in this section:
    (a) "Jurisdictional authority" means the state transportation department, a county road commission, or a local authority that has jurisdiction over a street or highway on which a mobile home is proposed to be moved.
    (b) "Mobile home" means any of the following:
    (i) A prebuilt housing module.
    (ii) That term as defined in section 2 of the mobile home commission act, 1987 PA 96, MCL 125.2302.
    (iii) A section of a mobile home as that term is defined in subparagraph (ii).


History: Add. 1954, Act 111, Imd. Eff. Apr. 15, 1954 ;-- Am. 1963, Act 84, Imd. Eff. May 8, 1963 ;-- Am. 1969, Act 156, Eff. Mar. 20, 1970 ;-- Am. 1971, Act 58, Imd. Eff. July 20, 1971 ;-- Am. 1972, Act 163, Imd. Eff. June 13, 1972 ;-- Am. 1973, Act 207, Imd. Eff. Jan. 11, 1974 ;-- Am. 1975, Act 336, Imd. Eff. Jan. 12, 1976 ;-- Am. 1980, Act 175, Imd. Eff. June 26, 1980 ;-- Am. 1982, Act 533, Eff. Mar. 30, 1983 ;-- Am. 1983, Act 224, Imd. Eff. Nov. 28, 1983 ;-- Am. 1986, Act 284, Imd. Eff. Dec. 22, 1986 ;-- Am. 1991, Act 19, Imd. Eff. May 8, 1991 ;-- Am. 1992, Act 128, Imd. Eff. June 30, 1992 ;-- Am. 1992, Act 257, Imd. Eff. Dec. 7, 1992 ;-- Am. 1993, Act 243, Imd. Eff. Nov. 22, 1993 ;-- Am. 1996, Act 136, Imd. Eff. Mar. 21, 1996 ;-- Am. 2009, Act 32, Eff. Dec. 1, 2009





257.719b Certain mobile homes transported in lower peninsula; additional requirements.

Sec. 719b.

     All mobile homes transported on the highways of the Lower Peninsula of this state that are more than 14-1/3 feet wide, plus normal appurtenances that extend no more than 6 inches, and an eave that extends no more than 2 feet from the width of the mobile home, are subject to the following requirements in addition to the requirements of section 719a:
    (a) Two escort vehicles shall escort the towing vehicle and mobile home on all 2-lane roads and on those roads where the state police consider 2 escort vehicles necessary for highway safety.
    (b) Each towing vehicle shall be equipped with a radio or other device that allows for continuous communication between the towing vehicle and each escort vehicle.
    (c) The person transporting the mobile home shall have in effect a liability insurance policy covering personal injury and property damage and having policy limits of not less than $1,000,000.00.
    (d) The towing vehicle and mobile home shall not exceed a speed of 45 miles per hour or 10 miles per hour below the posted speed limit, whichever is lower.


History: Add. 1991, Act 19, Imd. Eff. May 8, 1991 ;-- Am. 1992, Act 128, Imd. Eff. June 30, 1992 ;-- Am. 1992, Act 257, Imd. Eff. Dec. 7, 1992 ;-- Am. 1993, Act 243, Imd. Eff. Nov. 22, 1993





257.719c Truck and semitrailers used for transporting passengers for sightseeing purposes.

Sec. 719c.

    (1) Notwithstanding section 719, a truck may be used to haul not more than 4 semitrailers for the purpose of transporting passengers for sightseeing purposes with the approval of the local unit of government in which the truck is to be operated not to exceed 3 miles beyond the boundaries of the local unit and if the truck does not exceed a speed of 25 miles per hour.
    (2) A truck and semitrailers described in this section shall meet the following requirements:
    (a) Be equipped with hazard warning lights, and slow-moving vehicle emblems as described in section 688.
    (b) Be equipped with safety belts as described in section 710e for each individual seat within 1 year after the effective date of this section.
    (c) Any applicable federal safety standards.
    (3) A driver of a truck regulated by this section shall secure the proper group vehicle designation and any endorsement required on his or her operator's or chauffeur's license before operating a truck regulated by this section.
    (4) A truck and semitrailers used as described in this section shall be inspected annually by the department of state police.


History: Add. 1995, Act 105, Imd. Eff. June 23, 1995





257.720 Construction or loading of vehicles to prevent contents from escaping; exception; closing tailgates, faucets, and taps; exemption; proof of violation; loading of vehicles not completely enclosed; prima facie liability; exceptions; front end loading device; violation; penalty; "logs" defined.

Sec. 720.

    (1) A person shall not drive or move a vehicle on a highway unless the vehicle is so constructed or loaded as to prevent its contents from dropping, sifting, leaking, blowing off, or otherwise escaping from the vehicle. This requirement does not apply to a vehicle transporting agricultural or horticultural products when hay, straw, silage, or residue from a product, but not including the product itself, or when materials such as water used to preserve and handle agricultural or horticultural products while in transportation, escape from the vehicle in an amount that does not interfere with other traffic on the highway. The tailgate, faucets, and taps on a vehicle shall be securely closed to prevent spillage during transportation whether the vehicle is loaded or empty, and the vehicle shall not have any holes or cracks through which material can escape. Any highway maintenance vehicle engaged in either ice or snow removal shall be exempt from this section.
    (2) Actual spillage of material on the highway or proof of that spillage is not necessary to prove a violation of this section.
    (3) Except as provided in this section, a vehicle carrying a load, other than logs or tubular products, which is not completely enclosed shall meet either of the following requirements:
    (a) Have the load covered with firmly secured canvas or a similar type of covering. A device used to comply with the requirement of this subdivision shall not exceed a width of 108 inches nor by design or use have the capability to carry cargo by itself.
    (b) Have the load securely fastened to the body or the frame of the vehicle with binders of adequate number and of adequate breaking strength to prevent the dropping off or shifting of the load.
    (4) A company or individual who loads or unloads a vehicle or causes it to be loaded or unloaded, with knowledge that it is to be driven on a public highway, in a manner so as to cause a violation of subsection (1) shall be prima facie liable for a violation of this section.
    (5) Subsection (3) does not apply to a person operating a vehicle to transport agricultural commodities or to a person operating a farm truck or implement of husbandry transporting sand, gravel, and dirt necessary in the normal operation of a farm. However, a person operating a vehicle to transport agricultural commodities or sand, gravel, and dirt in the normal operation of the farm who violates subsection (1) or (4) is guilty of a misdemeanor and is subject to the penalties prescribed in subsection (9).
    (6) Subsection (3)(a) does not apply to a motor vehicle transporting items of a load that because of their weight will not fall off the moving vehicle and that have their centers of gravity located at least 6 inches below the top of the enclosure nor to a motor vehicle carrying metal that because of its weight and density is so loaded as to prevent it from dropping or falling off the moving vehicle.
    (7) Subsection (3)(a) does not apply to motor vehicles and other equipment engaged in work upon the surface of a highway or street in a designated work area.
    (8) A person shall not drive or move on a highway a vehicle equipped with a front end loading device with a tine protruding parallel to the highway beyond the front bumper of the vehicle unless the tine is carrying a load designed to be carried by the front end loading device. This subsection does not apply to a vehicle designed to be used or being used to transport agricultural commodities, to a vehicle en route to a repair facility, or to a vehicle engaged in construction activity. As used in this subsection, "agricultural commodities" means that term as defined in section 722.
    (9) A person who violates this section is guilty of a misdemeanor punishable by a fine of not more than $500.00 or imprisonment for not more than 90 days, or both.
    (10) As used in this section, "logs" means sawlogs, pulpwood, or tree length poles.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1959, Act 215, Imd. Eff. July 30, 1959 ;-- Am. 1976, Act 301, Eff. Mar. 31, 1977 ;-- Am. 1977, Act 111, Imd. Eff. Oct. 6, 1977 ;-- Am. 1987, Act 41, Eff. July 1, 1987 ;-- Am. 1988, Act 354, Eff. Apr. 1, 1989 ;-- Am. 1989, Act 37, Imd. Eff. June 5, 1989 ;-- Am. 1990, Act 67, Imd. Eff. Apr. 27, 1990 ;-- Am. 1994, Act 50, Imd. Eff. Mar. 25, 1994 ;-- Am. 1996, Act 136, Imd. Eff. Mar. 21, 1996 ;-- Am. 2002, Act 535, Imd. Eff. July 26, 2002 ;-- Am. 2003, Act 142, Imd. Eff. Aug. 5, 2003 ;-- Am. 2008, Act 131, Imd. Eff. May 21, 2008





257.721 Passenger vehicle or pickup truck towing vehicle or trailer; drawbar or other connection; coupling devices and safety chains; pickup truck with fifth wheel assembly; conditions for towing additional trailer or semitrailer; speed limit requirements; violation as civil infraction.

Sec. 721.

    (1) Except as otherwise provided in subsection (5), a passenger vehicle or a pickup truck shall not be driven upon a highway drawing or having attached to the passenger vehicle or pickup truck more than 1 vehicle or trailer.
    (2) The drawbar or other connection between 2 vehicles, 1 of which is towing or drawing the other on a highway, shall not exceed 15 feet in length from 1 vehicle to the other. If the connection consists of a chain, rope, or cable, there shall be displayed upon the connection a red flag or other signal or cloth not less than 12 inches both in length and width.
    (3) A vehicle or trailer towed or drawn by a vehicle shall be attached to the vehicle with forms of coupling devices in a manner so that when the combination is operated in a linear alignment on a level, smooth, paved surface, the movement of the towed or drawn vehicle or trailer does not deviate more than 3 inches to either side of the path of the towing vehicle that tows or draws it. The vehicle or trailer shall also be connected to the towing vehicle by suitable safety chains or devices, 1 on each side of the coupling and at the extreme outer edge of the vehicle or trailer. Each chain or device and connection used shall be of sufficient strength to haul the vehicle or trailer when loaded. In the case of an implement of husbandry with a gross vehicle weight rating or gross combination weight rating of 10,000 pounds or less, the safety chains or devices required under this subsection shall conform to the federal motor carrier safety regulations requirements contained in 49 CFR 393.70(d)(5).
    (4) A pickup truck with a fifth wheel assembly shall not tow a semitrailer unless the fifth wheel assembly conforms to the standards prescribed in the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25.
    (5) Notwithstanding subsection (1), a pickup truck with a towing rating equal to, or greater than, the weight being towed, equipped with a fifth wheel assembly that conforms with the standards prescribed in the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25, towing attached with a semitrailer designed for recreational living purposes may tow an additional trailer or semitrailer under the following conditions:
    (a) The additional trailer or semitrailer shall be attached as provided in subsection (3). The safety chains described in subsection (3) shall be securely attached at the extreme outer edge of the attached trailer or semitrailer with a locking mechanism. The towing vehicle hitch shall be of substantial material and shall be attached in a proper and skillful manner to the frame of the towing vehicle.
    (b) The total length of the pickup truck, semitrailer designed for recreational living purposes, and additional trailer or semitrailer, and load, shall not exceed 75 feet on any highways in this state.
    (c) The gross weight of the additional trailer or semitrailer towed or drawn shall not exceed the empty weight of the pickup truck or the empty weight of the semitrailer.
    (6) For the purposes of this section, a pickup truck towing a semitrailer and additional trailer shall be considered a passenger vehicle and shall comply with the speed limit requirements of section 627(5).
    (7) A person who violates this section is responsible for a civil infraction.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1990, Act 75, Imd. Eff. May 17, 1990 ;-- Am. 1995, Act 248, Imd. Eff. Dec. 27, 1995 ;-- Am. 1999, Act 24, Imd. Eff. May 13, 1999 ;-- Am. 2000, Act 154, Imd. Eff. June 14, 2000 ;-- Am. 2012, Act 80, Imd. Eff. Apr. 11, 2012





257.722 Maximum axle load; normal loading maximum; designating highways as adequate for heavier loading; restrictions as to tandem axle assemblies; exceptions; public utility vehicles; normal size of tires; maximum wheel load; reduction of maximum axle load on concrete pavements during March, April, and May; exemptions; suspension of restrictions; determination of gross vehicle weight and axle weights; designation of highways for operation of certain vehicles; increase in axle loading maximums; engine fueled by compressed or liquefied natural gas; electric batteries; definitions.

Sec. 722.

    (1) Except as otherwise provided in this section, the maximum axle load must not exceed the number of pounds designated in the following provisions that prescribe the distance between axles:
    (a) If the axle spacing is 9 feet or more between axles, the maximum axle load must not exceed 18,000 pounds for vehicles equipped with high pressure pneumatic or balloon tires.
    (b) If the axle spacing is less than 9 feet between 2 axles but more than 3-1/2 feet, the maximum axle load must not exceed 13,000 pounds for high pressure pneumatic or balloon tires.
    (c) If the axles are spaced less than 3-1/2 feet apart, the maximum axle load must not exceed 9,000 pounds per axle.
    (d) Subdivisions (a), (b), and (c) shall be known as the normal loading maximum.
    (2) When normal loading is in effect, the state transportation department, or a local authority with respect to highways under its jurisdiction, may designate certain highways, or sections of those highways, where bridges and road surfaces are adequate for heavier loading, and revise a designation as needed, on which the maximum tandem axle assembly loading must not exceed 16,000 pounds for any axle of the assembly, if there is no other axle within 9 feet of any axle of the assembly.
    (3) A combination of vehicles may operate on designated highways with not more than 1 tandem axle assembly having a gross weight of 16,000 pounds per axle, if there is no other axle within 9 feet of the assembly. On a combination of truck tractor and semitrailer having not more than 5 axles, 2 consecutive tandem axle assemblies may operate on designated highways at a gross permissible weight of 16,000 pounds per axle, if there is no other axle within 9 feet of any axle of either assembly.
    (4) Notwithstanding subsection (3), on a combination of truck tractor and semitrailer having not more than 5 axles, 2 consecutive sets of tandem axles may carry a gross permissible weight of not to exceed 17,000 pounds on any axle of the tandem axles if there is no other axle within 9 feet of any axle of the tandem axles and if the first and last axles of the consecutive sets of tandem axles are not less than 36 feet apart and the gross vehicle weight does not exceed 80,000 pounds to pick up and deliver agricultural commodities between the national truck network or special designated highways and any other highway. This subsection is not subject to the maximum axle loads of subsections (1), (2), and (3). For purposes of this subsection, a "tandem axle" means 2 axles spaced more than 40 inches but not more than 96 inches apart or 2 axles spaced more than 3-1/2 feet but less than 9 feet apart. This subsection does not apply during that period when reduced maximum loads are in effect under subsection (8).
    (5) The seasonal reductions described under subsection (8) to the loading maximums and gross vehicle weight requirement of subsection (12) do not apply to a person hauling agricultural commodities if the person who picks up or delivers the agricultural commodity either from a farm or to a farm notifies the county road commission for roads under its authority not less than 48 hours before the pickup or delivery of the time and location of the pickup or delivery. The county road commission shall issue a permit to the person and charge a fee that does not exceed the administrative costs incurred. The permit must contain all of the following:
    (a) The designated route or routes of travel for the load.
    (b) The date and time period requested by the person who picks up or delivers the agricultural commodities during which the load may be delivered or picked up.
    (c) A maximum speed limit of travel, if necessary.
    (d) Any other specific conditions agreed to between the parties.
    (6) The seasonal reductions described under subsection (8) to the loading maximums and gross vehicle weight requirements of subsection (12) do not apply to public utility vehicles under the following circumstances:
    (a) For emergency public utility work on restricted roads, as follows:
    (i) If required by the county road commission, the public utility or its subcontractor shall notify the county road commission, as soon as practical, of the location of the emergency public utility work and provide a statement that the vehicles that were used to perform the emergency utility work may have exceeded the loading maximums and gross vehicle weight requirements of subsection (12) as reduced under subsection (8). The notification may be made via facsimile or electronically.
    (ii) The public utility vehicle travels to and from the site of the emergency public utility work while on a restricted road at a speed not greater than 35 miles per hour.
    (b) For nonemergency public utility work on restricted roads, as follows:
    (i) If the county road commission requires, the public utility or its subcontractor shall apply to the county road commission annually for a seasonal truck permit for roads under its authority before seasonal weight restrictions are effective. The county road commission shall issue a seasonal truck permit for each public utility vehicle or vehicle configuration the public utility or subcontractor anticipates will be utilized for nonemergency public utility work. The county road commission may charge a fee for a seasonal truck permit that does not exceed the administrative costs incurred for the permit. The seasonal truck permit must contain all of the following:
    (A) The seasonal period requested by the public utility or subcontractor during which the permit is valid.
    (B) A unique identification number for the vehicle and any vehicle configuration to be covered on the seasonal truck permit requested by the public utility or subcontractor.
    (C) A requirement that travel on restricted roads during weight restrictions will be minimized and only utilized when necessary to perform public utility work using the public utility vehicle or vehicle configuration and that nonrestricted roads must be used for travel when available and for routine travel.
    (D) A requirement that in the case of a subcontractor the permit is only valid while the subcontractor vehicle is being operated in the performance of public utility work.
    (E) A requirement that a subcontractor vehicle or vehicle configuration must display signage on the outside of the vehicle to identify the vehicle as operating on behalf of the public utility.
    (ii) If the county road commission requires notification, the county road commission shall provide a notification application for the public utility or its subcontractor to use when requesting access to operate on restricted roads and the public utility or its subcontractor shall provide notification to the county road commission, via facsimile or electronically, not later than 24 hours before the time of the intended travel. A subcontractor using a vehicle on a restricted road shall have a copy of any notification provided to a county road commission in the subcontractor's possession while performing the relevant nonemergency work. Notwithstanding this subsection or an agreement under this subsection, if the county road commission determines that the condition of a particular road under its jurisdiction makes it unusable, the county road commission may deny access to all or any part of that road. The denial must be made and communicated via facsimile or electronically to the public utility or its subcontractor within 24 hours after receiving notification that the public utility or subcontractors intends to perform nonemergency work that requires use of that road. Any notification that is not disapproved within 24 hours after the notice is received by the county road commission is considered approved. The notification application required under this subparagraph may include all of the following information:
    (A) The address or location of the nonemergency work.
    (B) The date or dates of the nonemergency work.
    (C) The route to be taken to the nonemergency work site.
    (D) The restricted road or roads intended to be traveled upon to the nonemergency work site or sites.
    (E) In the case of a subcontractor, the utility on whose behalf the subcontractor is performing services.
    (7) The normal size of tires must be the rated size as published by the manufacturers, and the maximum wheel load permissible for any wheel must not exceed 700 pounds per inch of width of tire.
    (8) Except as provided in this subsection and subsection (9), during the months of March, April, and May in each year, the maximum axle load allowable on concrete pavements or pavements with a concrete base is reduced by 25% from the maximum axle load as specified in this chapter, and the maximum axle loads allowable on all other types of roads during these months are reduced by 35% from the maximum axle loads as specified. The maximum wheel load must not exceed 525 pounds per inch of tire width on concrete and concrete base or 450 pounds per inch of tire width on all other roads during the period the seasonal road restrictions are in effect. Subject to subsection (5), this subsection does not apply to vehicles transporting agricultural commodities or, subject to subsection (6), public utility vehicles on a highway, road, or street under the jurisdiction of a local road agency, or a school bus. In addition, this subsection does not apply to a vehicle delivering propane fuel to a residence if the vehicle's propane tank is filled to not more than 50% of its capacity and the vehicle is traveling at not more than 35 miles per hour. The state transportation department and each local authority with highways and streets under its jurisdiction to which the seasonal restrictions prescribed under this subsection apply shall post all of the following information on the homepage of its website or, if a local authority does not have a website, then on the website of a statewide road association of which it is a member:
    (a) The dates when the seasonal restrictions are in effect.
    (b) The names of the highways and streets and portions of highways and streets to which the seasonal restrictions apply.
    (9) The state transportation department for roads under its jurisdiction and a county road commission for roads under its jurisdiction may grant exemptions from seasonal weight restrictions for milk on specified routes when requested in writing. Approval or denial of a request for an exemption must be given by written notice to the applicant within 30 days after the date of submission of the application. If a request is denied, the written notice must state the reason for denial and alternate routes for which the permit may be issued. The applicant may appeal to the state transportation commission or the county road commission. These exemptions do not apply on county roads in counties that have negotiated agreements with milk haulers or haulers of other commodities during periods of seasonal load limits before April 14, 1993. This subsection does not limit the ability of these counties to continue to negotiate such agreements.
    (10) The state transportation department, or a local authority with respect to highways under its jurisdiction, may suspend the restrictions imposed by this section when and where conditions of the highways or the public health, safety, and welfare warrant suspension, and impose the restricted loading requirements of this section on designated highways at any other time that the conditions of the highway require.
    (11) For the purpose of enforcing this act, the gross vehicle weight of a single vehicle and load or a combination of vehicles and loads must be determined by weighing individual axles or groups of axles, and the total weight on all the axles is the gross vehicle weight. In addition, the gross axle weight must be determined by weighing individual axles or by weighing a group of axles and dividing the gross weight of the group of axles by the number of axles in the group. For purposes of subsection (12), the overall gross weight on a group of 2 or more axles must be determined by weighing individual axles or several axles, and the total weight of all the axles in the group is the overall gross weight of the group.
    (12) The loading maximum in this subsection applies to interstate highways, and the state transportation department, or a local authority with respect to highways under its jurisdiction, may designate a highway, or a section of a highway, for the operation of vehicles having a gross vehicle weight of not more than 80,000 pounds that are subject to the following load maximums:
    (a) Twenty thousand pounds on any 1 axle, including all enforcement tolerances.
    (b) A tandem axle weight of 34,000 pounds, including all enforcement tolerances.
    (c) An overall gross weight on a group of 2 or more consecutive axles equaling:
W=500[(LN)/(N-1)+12N+36]
where W = overall gross weight on a group of 2 or more consecutive axles to the nearest 500 pounds, L = distance in feet between the extreme of a group of 2 or more consecutive axles, and N = number of axles in the group under consideration; except that 2 consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the first and last axles of the consecutive sets of tandem axles are not less than 36 feet apart. The gross vehicle weight must not exceed 80,000 pounds including all enforcement tolerances. Except for 5 axle truck tractor, semitrailer combinations having 2 consecutive sets of tandem axles, vehicles having a gross weight in excess of 80,000 pounds or in excess of the vehicle gross weight determined by application of the formula in this subsection are subject to the maximum axle loads of subsections (1), (2), and (3). As used in this subsection, "tandem axle weight" means the total weight transmitted to the road by 2 or more consecutive axles, the centers of which may be included between parallel transverse vertical planes spaced more than 40 inches but not more than 96 inches apart, extending across the full width of the vehicle. Except as otherwise provided in this section, vehicles transporting agricultural commodities have the weight load maximums under this subsection.
    (13) The axle loading maximums under subsections (1), (2), (3), and (4) are increased by 10% for vehicles transporting agricultural commodities or raw timber, excluding farm equipment and fuel, from the place of harvest or farm storage to the first point of delivery on a road in this state. However, the axle loading maximums as increased under this subsection do not alter the gross vehicle weight restrictions under this act. This subsection does not apply to either of the following:
    (a) A vehicle utilizing an interstate highway.
    (b) A vehicle utilizing a road that is subject to seasonal weight restrictions under subsection (8) during the time that the seasonal weight restrictions are in effect.
    (14) Notwithstanding any other provision of this section, a vehicle or combination of vehicles that have a gross weight of 82,000 pounds or less and that is operated by an engine that is fueled wholly or partially by compressed or liquefied natural gas may exceed the axle loading maximums under subsections (1), (2), (3), and (4) and the weight load maximums under subsection (12) by an amount equal to the difference between the weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle and the weight of a comparable diesel tank and fueling system. A vehicle or combination of vehicles described in this subsection may exceed the axle loading maximums under subsections (1), (2), (3), and (4) and the weight load maximums under subsection (12) by a total of not more than 2,000 pounds for all axles of the truck, truck tractor, or power unit.
    (15) Notwithstanding any other provision of this section, a vehicle or combination of vehicles that have a gross weight of 82,000 pounds or less and that are powered wholly or partially by electric batteries may exceed the axle loading maximums under subsections (1), (2), (3), and (4) and the weight load maximums under subsection (12) by a total of not more than 2,000 pounds for all axles of the truck, truck tractor, or power unit.
    (16) As used in this section:
    (a) "Agricultural commodities" means those plants and animals useful to human beings produced by agriculture and includes, but is not limited to, forages and sod crops, grains and feed crops, field crops, dairy and dairy products, poultry and poultry products, cervidae, livestock, including breeding and grazing, equine, fish, and other aquacultural products, bees and bee products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock, mushrooms, fertilizer, livestock bedding, farming equipment, fuel for agricultural use, and maple sap. Agricultural commodities do not include trees or lumber.
    (b) "Emergency public utility work" means work performed to restore public utility service or to eliminate a danger to the public due to a natural disaster, an act of God, or an emergency situation, whether or not a public official has declared an emergency.
    (c) "Farm storage" means any of the following:
    (i) An edifice, silo, tank, bin, crib, interstice, or protected enclosed structure, or more than 1 edifice, silo, tank, bin, crib, interstice, or protected enclosed structure located contiguous to each other.
    (ii) An open environment used for the purpose of temporarily storing a crop.
    (d) "Public utility" means a public utility under the jurisdiction of the public service commission or a transmission company.
    (e) "Public utility vehicle" means a vehicle owned or operated by a public utility or operated by a subcontractor on behalf of a public utility.
    (f) "Transmission company" means either an affiliated transmission company or an independent transmission company as those terms are defined in section 2 of the electric transmission line certification act, 1995 PA 30, MCL 460.562.
    


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1965, Act 36, Imd. Eff. May 19, 1965 ;-- Am. 1967, Act 277, Eff. Nov. 2, 1967 ;-- Am. 1974, Act 348, Imd. Eff. Dec. 21, 1974 ;-- Am. 1975, Act 270, Imd. Eff. Nov. 10, 1975 ;-- Am. 1978, Act 385, Imd. Eff. July 27, 1978 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1980, Act 217, Imd. Eff. July 18, 1980 ;-- Am. 1980, Act 487, Imd. Eff. Jan. 21, 1981 ;-- Am. 1982, Act 206, Imd. Eff. July 1, 1982 ;-- Am. 1984, Act 74, Imd. Eff. Apr. 18, 1984 ;-- Am. 1988, Act 346, Eff. Jan. 1, 1989 ;-- Am. 1993, Act 22, Imd. Eff. Apr. 14, 1993 ;-- Am. 2000, Act 6, Imd. Eff. Feb. 24, 2000 ;-- Am. 2002, Act 41, Imd. Eff. Mar. 12, 2002 ;-- Am. 2006, Act 83, Imd. Eff. Mar. 29, 2006 ;-- Am. 2006, Act 658, Imd. Eff. Jan. 10, 2007 ;-- Am. 2008, Act 579, Imd. Eff. Jan. 16, 2009 ;-- Am. 2009, Act 146, Imd. Eff. Nov. 19, 2009 ;-- Am. 2012, Act 252, Imd. Eff. July 2, 2012 ;-- Am. 2012, Act 498, Eff. Mar. 28, 2013 ;-- Am. 2012, Act 522, Imd. Eff. Dec. 28, 2012 ;-- Am. 2016, Act 72, Eff. July 4, 2016 ;-- Am. 2017, Act 80, Eff. Oct. 9, 2017 ;-- Am. 2018, Act 273, Eff. Sept. 27, 2018 ;-- Am. 2018, Act 274, Eff. Sept. 27, 2018 ;-- Am. 2024, Act 106, Eff. Apr. 2, 2025
Compiler's Notes: Enacting section 1 of Act 522 of 2012 provides:"Enacting section 1. It is the intent of the legislature that the exception to the seasonal weight reductions in subsection (8) of section 722 of the Michigan vehicle code, 1949 PA 300, MCL 257.722, as added by this amendatory act, applies only to emergency deliveries of propane. As used in this enacting section, "emergency delivery" means a delivery to a customer whose residential fuel tank is estimated to contain no more than 25% of its heating fuel capacity on the date of delivery."





257.722a Transporting flammable liquid; violation as misdemeanor; penalty; enforcement; “in bulk” defined; vehicles transporting hazardous materials.

Sec. 722a.

    (1) A truck pulling a trailer, a truck tractor pulling a semitrailer and trailer combination, or a truck tractor pulling 2 semitrailers shall not transport a flammable liquid, in bulk, which has a flash point at or below 70 degrees Fahrenheit within this state.
    (2) A truck pulling a trailer, a truck tractor pulling a semitrailer and trailer combination, or a truck tractor pulling 2 semitrailers shall not transport a flammable gas or a compressed flammable gas, in bulk, as defined by 49 C.F.R. parts 100 to 180, within this state.
    (3) A truck or a truck tractor pulling a semitrailer shall not transport a flammable liquid, in bulk, which has a flash point at or below 70 degrees Fahrenheit in this state, unless the truck or the semitrailer has a water capacity of less than 13,800 gallons. This subsection does not apply to those vehicles registered with the motor carrier division of the department of state police on or before January 1, 1986.
    (4) A truck or truck tractor pulling a semitrailer shall not transport a flammable liquid, in bulk, which has a flash point at or below 70 degrees Fahrenheit in a quantity of more than 13,400 gallons.
    (5) The owner or driver of a vehicle that transports, or a shipper who loads a vehicle with a flammable liquid, flammable gas, or compressed flammable gas in violation of this section is guilty of a misdemeanor, punishable by a fine of not more than $3,000.00, or imprisonment for not more than 90 days, or both.
    (6) This section shall be enforced only by a police officer.
    (7) For the purposes of this section, "in bulk" means an amount of product or material of 3,500 water gallons or more in a single containment system. Commercial motor vehicles transporting hazardous materials shall comply with the motor carrier safety act, Act No. 181 of the Public Acts of 1963, being sections 480.11 to 480.21 of the Michigan Compiled Laws.


History: Add. 1984, Act 74, Imd. Eff. Apr. 18, 1984 ;-- Am. 1985, Act 141, Imd. Eff. Oct. 31, 1985 ;-- Am. 1993, Act 249, Imd. Eff. Nov. 22, 1993 ;-- Am. 1995, Act 248, Imd. Eff. Dec. 27, 1995





257.723 Towing or platform bed wreckers or road service vehicles; compliance with federal identification requirements; violation as civil infraction.

Sec. 723.

    (1) All towing or platform bed wreckers or road service vehicles in operation upon the public highways of this state shall have the name, city, and state or the registered logo or emblem of the registered owner of the vehicle, and lessee of the vehicle if the vehicle is being operated under lease, painted or permanently attached on each side of the vehicle in letters of not less than 3 inches in height, not lower than the bottom edge of the door. This information shall be in sharp color contrast to the background.
    (2) A vehicle in compliance with the identification requirements of the federal motor carrier safety regulations, 49 CFR parts 390-399, is considered to be in compliance with this section.
    
    (3) A person who violates this section is responsible for a civil infraction.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1963, Act 185, Eff. Sept. 6, 1963 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1988, Act 346, Eff. Jan. 1, 1989 ;-- Am. 2003, Act 152, Eff. Oct. 1, 2003 ;-- Am. 2005, Act 179, Imd. Eff. Oct. 20, 2005 ;-- Am. 2014, Act 294, Eff. Mar. 31, 2015





257.724 Stopping vehicle for weighing; shifting or removing load; civil fine and costs; moving vehicle to place of safekeeping; impoundment; lien; foreclosure sale; powers of authorized agent; unlawful weight as civil infraction; fine; driving duly marked vehicle; failure to stop as misdemeanor.

Sec. 724.

    (1) A police officer, a peace officer, or an authorized agent of the state transportation department or a county road commission having reason to believe that the weight of a vehicle and load is unlawful may require the driver to stop and submit to a weighing of the vehicle by either portable or stationary scales approved and sealed as a legal weighing device by a qualified person using testing equipment certified or approved by the department of agriculture and rural development as a legal weighing device and may require that the vehicle be driven to the nearest weigh station of the state transportation department for the purpose of allowing a police officer, peace officer, or agent of the state transportation department or county road commission to determine whether the vehicle is loaded in conformity with this chapter.
    (2) When the officer or agent, upon weighing a vehicle and load, determines that the weight is unlawful, the officer or agent may require the driver to stop the vehicle in a suitable place and remain standing until that portion of the load is shifted or removed as necessary to reduce the gross axle load weight of the vehicle to the limit permitted under this chapter. All material unloaded as provided under this subsection shall be cared for by the owner or operator of the vehicle at the risk of the owner or operator. A judge or magistrate imposing a civil fine and costs under this section that are not paid in full immediately or for which a bond is not immediately posted in the amount of the civil fine and costs shall order the driver or owner to move the vehicle at the driver's own risk to a place of safekeeping within the jurisdiction of the judge or magistrate, inform the judge or magistrate in writing of the place of safekeeping, and keep the vehicle until the fine and costs are paid or sufficient bond is furnished or until the judge or magistrate is satisfied that the fine and costs will be paid. The officer or agent who has determined, after weighing a vehicle and load, that the weight is unlawful, may require the driver to proceed to a judge or magistrate within the county. If the judge or magistrate is satisfied that the probable civil fine and costs will be paid by the owner or lessee, the judge or magistrate may allow the driver to proceed, after the load is made legal. If the judge or magistrate is not satisfied that the owner or lessee, after a notice and a right to be heard on the merits is given, will pay the amount of the probable civil fine and costs, the judge or magistrate may order the vehicle to be impounded until trial on the merits is completed under conditions set forth in this section for the impounding of vehicles after the civil fine and costs have been imposed. Removal of the vehicle, and forwarding, care, or preservation of the load shall be under the control of and at the risk of the owner or driver. Vehicles impounded are subject to a lien, subject to a prior valid bona fide lien of prior record, in the amount of the civil fine and costs and if the civil fine and costs are not paid within 90 days after the seizure, the judge or magistrate must certify the unpaid judgment to the prosecuting attorney of the county in which the violation occurred, who shall proceed to enforce the lien by foreclosure sale in accordance with procedure authorized in the case of chattel mortgage foreclosures. When the duly authorized agent of the state transportation department or county road commission is performing duties under this chapter, the agent has all the powers conferred upon peace officers by the general laws of this state.
    (3) Subject to subsection (4), an owner of a vehicle or a lessee of the vehicle of an owner-operator, or other person, who causes or allows a vehicle to be loaded and driven or moved on a highway when the weight of that vehicle violates section 722 is responsible for a civil infraction and must pay a civil fine in an amount equal to 3 cents per pound for each pound of excess load over 1,000 pounds when the excess is 2,000 pounds or less; 6 cents per pound of excess load when the excess is over 2,000 pounds but not over 3,000 pounds; 9 cents per pound for each pound of excess load when the excess is over 3,000 pounds but not over 4,000 pounds; 12 cents per pound for each pound of excess load when the excess is over 4,000 pounds but not over 5,000 pounds; 15 cents per pound for each pound of excess load when the excess is over 5,000 pounds but not over 10,000 pounds; and 20 cents per pound for each pound of excess load when the excess is over 10,000 pounds. If a person operates a vehicle in violation of increased axle loading maximums provided for under section 722(13), the owner or lessee of the vehicle is responsible for a civil infraction and must pay the civil fine under this subsection that applies to the amount of weight by which the vehicle exceeds the original loading maximum.
    (4) If the court determines that the motor vehicle or the combination of vehicles was operated in violation of this section, the court must impose a fine as follows:
    (a) If the court determines that the motor vehicle or the combination of vehicles was operated in such a manner that the gross weight of the vehicle or the combination of vehicles would not be lawful by a proper distribution of the load upon all the axles of the vehicle or the combination of vehicles, the court must impose a fine for the violation according to the schedule provided for in subsection (3).
    (b) If the court determines that the motor vehicle or the combination of vehicles would be lawful by a proper distribution of the load upon all of the axles of the vehicle or the combination of vehicles, but that 1 or more axles of the vehicle exceeded the maximum allowable axle weight by more than 1,000 pounds but less than 4,000 pounds, the court must impose a misload fine of $200.00 per axle. Not more than 3 axles shall be used in calculating the fine to be imposed under this subdivision. This subdivision does not apply to a vehicle subject to the maximum loading provisions of section 722(12) or to a vehicle for which a fine as calculated under the schedule in subsection (3) would be less than the fine as calculated under this subsection.
    (c) If the court determines that the motor vehicle or the combination of vehicles would meet the loading conditions specified in a special permit that was issued under section 725 by a proper distribution of the load upon all of the axles of the vehicle or the combination of vehicles, but that 1 or more axles of the vehicle exceeded the permitted axle weight by 1,000 pounds or less, the court must impose a misload fine of $200.00 per axle. If the court determines that the motor vehicle or the combination of vehicles would meet the loading conditions specified in a special permit that was issued under section 725 by a proper distribution of the load upon all of the axles of the vehicle or the combination of vehicles, but that 1 or more axles of the vehicle exceeded the permitted axle weight by more than 1,000 pounds, the court must impose a fine for the violation according to the schedule provided in subsection (3) for the amount of pounds exceeding the permitted axle weight. Not more than 3 axles shall be used in calculating the fine to be imposed under this subdivision. If the court determines that the load was misloaded, the conditions of the special permit remain valid. The imposition of a fine does not void the special permit.
    (d) If the court determines that the motor vehicle or the combination of vehicles would be lawful by a proper distribution of the load upon all of the axles of the vehicle or the combination of vehicles, but that 1 or more axles of the vehicle exceeded the permitted axle weight by at least 4,000 pounds but no more than 8,000 pounds, the court must impose a misload fine of $400.00 per axle. Not more than 3 axles shall be used in calculating the fine to be imposed under this subdivision.
    (e) If the court determines that the motor vehicle or the combination of vehicles would be lawful by a proper distribution of the load upon all of the axles of the vehicle or the combination of vehicles, but that 1 or more axles of the vehicle exceeded the permitted axle weight by more than 8,000 pounds, the court must impose a fine for the violation according to the schedule provided in subsection (3).
    (5) A driver or owner of a truck or truck tractor, a truck or truck tractor with other vehicles in combination, or any special mobile equipment who fails to stop at or bypasses any scales or weighing station is responsible for a civil infraction.
    (6) An agent or authorized representative of the state transportation department or a county road commission shall not stop a truck or vehicle in movement upon a road or highway within the state for any purpose, unless the agent or authorized representative is driving a duly marked vehicle, clearly showing and denoting the branch of government represented.
    (7) A driver or owner of a vehicle who knowingly fails to stop when requested or ordered to do so and submit to a weighing by a police officer, a peace officer, or an authorized agent of the state transportation department, or a representative or agent of a county road commission, authorized to require the driver to stop and submit to a weighing of the vehicle and load by means of a portable scale, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both. A driver or person who dumps his or her load when ordered to submit to a weigh or who otherwise attempts to commit or commits an act to avoid a vehicle weigh is in violation of this section.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1951, Act 233, Eff. Sept. 28, 1951 ;-- Am. 1952, Act 13, Imd. Eff. Feb. 28, 1952 ;-- Am. 1955, Act 209, Imd. Eff. June 17, 1955 ;-- Am. 1964, Act 222, Eff. Aug. 28, 1964 ;-- Am. 1967, Act 277, Eff. Nov. 2, 1967 ;-- Am. 1968, Act 135, Imd. Eff. June 11, 1968 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1988, Act 346, Eff. Jan. 1, 1989 ;-- Am. 2004, Act 420, Eff. Jan. 1, 2006 ;-- Am. 2005, Act 179, Imd. Eff. Oct. 20, 2005 ;-- Am. 2009, Act 169, Imd. Eff. Dec. 14, 2009 ;-- Am. 2012, Act 252, Imd. Eff. July 2, 2012 ;-- Am. 2012, Act 498, Eff. Mar. 28, 2013 ;-- Am. 2016, Act 450, Eff. Apr. 5, 2017 ;-- Am. 2018, Act 651, Eff. Mar. 29, 2019





257.724a Axle weight requirements; exception; weight after lift axles lowered; "lift axle" defined.

Sec. 724a.

    (1) The axle weight requirements of this chapter do not apply to a vehicle equipped with lift axles during the period in which axles are raised to negotiate an intersection, driveway, or other turn and until the lift axles are fully engaged after the period of time or the distance necessary to negotiate that intersection, driveway, or other turn.
    (2) If a vehicle is to be weighed to determine whether the vehicle is being operated in violation of this act or a rule promulgated under this act or of a local ordinance substantially corresponding to this act or a rule promulgated under this act and the vehicle is equipped with lift axles that have been raised to allow the vehicle to negotiate an intersection, driveway, or other turn, the vehicle shall be weighed only after the lift axles have been fully lowered and are under operational pressure as provided in subsection (1).
    (3) As used in this section, "lift axle" means an axle on a vehicle that can be raised or lowered by mechanical means.


History: Add. 2004, Act 420, Eff. Jan. 1, 2006





257.725 Special permit for certain vehicles and loads required; fees; violation as civil infraction; annual permit for movement of construction equipment; "jurisdictional authority" defined.

Sec. 725.

    (1) Upon receipt of a written application and good cause being shown, a jurisdictional authority may issue a written special permit authorizing an applicant to operate upon or remove from a highway maintained by that jurisdictional authority a vehicle or combination of vehicles that are any of the following:
    (a) Of a size, weight, or load exceeding the maximum specified in this chapter.
    (b) Otherwise not in conformity with this chapter.
    (2) The application for a special permit shall be on a form prescribed by the jurisdictional authority and shall specifically describe the vehicle or vehicles and load to be operated or moved and the particular highways upon which the special permit to operate is requested.
    (3) A jurisdictional authority may issue a special permit and charge a fee that does not exceed the administrative costs incurred authorizing the operation of the following upon a highway:
    (a) Traction engines or tractors having movable tracks with transverse corrugations upon the periphery of those movable tracks on farm tractors.
    (b) Other farm machinery otherwise prohibited under this chapter.
    (c) A vehicle of a size or weight otherwise prohibited under this chapter that is hauling farm machinery to or from a farm.
    (4) A special permit shall specify the trip or trips and date or dates for which it is valid and the jurisdictional authority granting the special permit may restrict or prescribe conditions of operation of a vehicle or vehicles, if necessary, to protect the safety of the public or to ensure against undue damage to the road foundations, surfaces, structures, or installations, and may require a reasonable inspection fee and other security as that jurisdictional authority determines necessary to compensate for damages caused by the movement. A special permit may be issued on an annual basis. Except as otherwise provided in this section, the fee charged by the state transportation department for an intrastate or an out-of-state vehicle for a single trip shall be $50.00 and for multiple trips or on an annual basis shall be $100.00. Except as otherwise provided in this section, the fee charged by the state transportation department for an intrastate or an out-of-state vehicle for a permit issued under subsection (11) shall be $264.00. Except as otherwise provided in this section, the fee charged by a jurisdictional authority other than the state transportation department for an intrastate or an out-of-state vehicle for a single trip shall be not more than $50.00 and for multiple trips or on an annual basis shall be not more than $100.00. Effective October 1, 1998, the fee charged by a jurisdictional authority other than the state transportation department for a special permit under this subsection shall be the fee charged on September 30, 1997. The fee charged by a jurisdictional authority other than the state transportation department for a special permit under this subsection may be increased above the amount charged on September 30, 1997 subject to the maximums allowed by this subsection subject to a prior public hearing with reasonable notice. However, the fee charged by a jurisdictional authority other than the state transportation department for a special permit under this subsection that is more than $50.00 for a single trip or that is more than $100.00 for multiple trips or on an annual basis, or both, on September 30, 1997 shall not be increased.
    (5) The fee charged by the state transportation department for an intrastate or an out-of-state vehicle or combination of vehicles that exceed the maximum size specified in this chapter but do not exceed the maximum weight or load specified in this chapter or are otherwise not in conformity with this chapter shall be $15.00 for a single trip and $30.00 for multiple trips or on an annual basis. The fee charged by the state transportation department for an intrastate or out-of-state vehicle or combination of vehicles that exceed the maximum size specified in this chapter but do not exceed the maximum weight or load specified in this chapter or are otherwise not in conformity with this chapter for a permit issued under subsection (11) shall be $264.00. The fees charged under this subsection may be increased not more than once each year based on the percentage increase in the United States consumer price index for all urban consumers for the immediately preceding 12-month period rounded to the nearest whole dollar. This subsection takes effect October 1, 1998.
    (6) The fee charged by a jurisdictional authority other than the state transportation department for an intrastate or an out-of-state vehicle or combination of vehicles of a size exceeding the maximum specified in this chapter but not exceeding the maximum weight or load specified in this chapter shall not exceed the administrative costs incurred by that jurisdictional authority in issuing the permit. This subsection takes effect October 1, 1998.
    (7) A special permit issued under this section shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by a police officer or authorized agent of a jurisdictional authority granting the special permit. A person shall not violate any of the terms or conditions of the special permit.
    (8) A person who violates this section is responsible for a civil infraction.
    (9) A jurisdictional authority issuing a special permit to move a mobile home under this section and a person who is issued a special permit to move a mobile home under this section are subject to section 719a.
    (10) Nothing in this section shall be construed to allow a jurisdictional authority to impose fees upon or enact regulations regarding a vehicle or combination of vehicles engaged in silvicultural operations if the vehicle or combination of vehicles is not in excess of the size, weight, or load maximums specified in this chapter and is otherwise in conformity with this chapter. This subsection does not excuse a vehicle or combination of vehicles engaged in silvicultural operations from the seasonal weight reductions described in section 722.
    (11) Beginning no later than 2 years after the effective date of the 2018 amendatory act that added this subsection, the state transportation department shall allow an applicant to obtain an annual permit for the movement of construction equipment under this section to exceed the size, load, or size and load maximums specified in this chapter for a power unit without requiring a separate permit for each individual piece of equipment carried by that power unit.
    (12) Beginning no later than 2 years after the effective date of the 2018 amendatory act that added this subsection, all of the following apply to an annual permit for the movement of construction equipment issued by the state transportation department under subsection (11):
    (a) The permit may be stored and presented by the holder of the permit using a mobile device.
    (b) The permit shall not contain any restrictions on daily operating hours and shall only include Memorial Day weekend, the Fourth of July holiday, and Labor Day weekend as restricted holidays. Except as otherwise provided in this subdivision, the permit shall not restrict travel on weekends. The permit may contain restrictions on travel when the permit holder is traveling within a county that has a population greater than 150,000. The restricted holidays described in this subdivision do not apply to a permit issued for a vehicle used to transport an implement of husbandry.
    (c) The permit shall not require travel of more than 10 miles per hour below the posted speed limit.
    (13) As used in this section, "jurisdictional authority" means the state transportation department, a county road commission, or a local authority having jurisdiction over a highway upon which a vehicle is proposed to be moved pursuant to a permit required under this section.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1952, Act 69, Imd. Eff. Apr. 8, 1952 ;-- Am. 1966, Act 237, Eff. Mar. 10, 1967 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1979, Act 16, Eff. Aug. 1, 1979 ;-- Am. 1991, Act 19, Imd. Eff. May 8, 1991 ;-- Am. 1997, Act 80, Eff. Oct. 1, 1997 ;-- Am. 1998, Act 247, Imd. Eff. July 8, 1998 ;-- Am. 2016, Act 454, Eff. Apr. 5, 2017 ;-- Am. 2018, Act 17, Eff. May 14, 2018





257.725a Transportation of farm machinery or implements by dealer; annual permit; condition.

Sec. 725a.

     Upon application, the state transportation department may issue an annual permit authorizing a farm implement dealer to transport by truck, truck tractor, semitrailer, or trailer upon a state highway during daylight hours, including Saturday, farm machinery or implements of a greater width or height than authorized by this act if the transportation is otherwise permitted under those rules promulgated pursuant to section 716 that do not conflict with this section.


History: Add. 1958, Act 132, Imd. Eff. Apr. 18, 1958 ;-- Am. 1959, Act 250, Imd. Eff. Aug. 21, 1959 ;-- Am. 1978, Act 581, Imd. Eff. Jan. 2, 1979 ;-- Am. 1980, Act 311, Imd. Eff. Dec. 4, 1980 ;-- Am. 2002, Act 653, Imd. Eff. Dec. 23, 2002





257.726 Prohibitions, limitations, or truck route designations by local authorities and county road commissions; signs; written objection by adjoining township; violation as civil infraction; exception for agricultural equipment.

Sec. 726.

    (1) Subject to subsection (4), local authorities and county road commissions with respect to highways under their jurisdiction, except state trunk line highways, by ordinance or resolution, may do any of the following:
    (a) Prohibit the operation of trucks or other commercial vehicles on designated highways or streets.
    (b) Impose limitations as to the weight of trucks or other commercial vehicles on designated highways or streets.
    (c) Provide that only certain highways or streets may be used by trucks or other commercial vehicles.
    (2) Any prohibitions, limitations, or truck route designations established under subsection (1) shall be designated by appropriate signs placed on the highways or streets. The design and placement of the signs shall be consistent with the requirements of section 608.
    (3) If a township has established a prohibition or limitation under subsection (1) on any county primary road that an adjoining township determines diverts traffic onto a border highway or street shared by the township and the adjoining township, the adjoining township may submit a written objection to the county road commission having jurisdiction over the county primary road, along with a copy to the township that established the prohibition or limitation, 60 days after the township approves the prohibition or limitation. The written objection shall explain how the prohibition or limitation diverts traffic onto the border highway or street shared by the township and the adjoining township. The county road commission shall then investigate the objection. The township and adjoining township shall cooperate with that investigation and negotiate in good faith to resolve the objection. If the objection is not resolved within 60 days after the township receives the copy of the written objection, the county road commission shall either approve or void the prohibition or limitation that is the subject of the objection within 60 days after the 60-day period described in this subsection, and the decision shall be final. As used in this subsection, "county primary road" means a highway or street designated as a county primary road under 1951 PA 51, MCL 247.671 to 247.675.
    (4) An ordinance or resolution described in subsection (1)(a) does not apply to a vehicle that is used to transport agricultural products, farm machinery, farm supplies, or a combination of these items, to or from a farm or as necessary for agricultural production.
    (5) A person who violates a prohibition, limitation, or truck route designation established under subsection (1) is responsible for a civil infraction.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1983, Act 107, Imd. Eff. June 30, 1983 ;-- Am. 2008, Act 539, Imd. Eff. Jan. 13, 2009 ;-- Am. 2018, Act 533, Eff. Mar. 28, 2019
Constitutionality: This section was held unconstitutional insofar as it deprives a municipality of the right to reasonable control over its streets, including state trunk lines within its limits, in violation of Const 1963, art VII, § 29. City of Dearborn v Sugden and Sivier, Inc, 343 Mich 257; 72 NW2d 185 (1955).
Compiler's Notes: In the last sentence of subsection (3), the citation "1951 PA 51, MCL 247.671 to 247.675" evidently should read "1951 PA 51, MCL 247.651 to 247.675".





257.726a Enforcement of act on boundary streets or highways.

Sec. 726a.

     A peace officer of any county, city, village or township of this state may exercise authority and powers outside his own county, city, village or township when he is enforcing this act on a street or highway which is on the boundary of the county, city, village or township the same as if he were in his own county, city, village or township.


History: Add. 1968, Act 47, Imd. Eff. May 28, 1968 ;-- Am. 1972, Act 122, Imd. Eff. Apr. 27, 1972





257.726b Violation as to load, weight, or height of vehicle or load; powers of police officer.

Sec. 726b.

     Any police officer having reason to believe that the load, weight, or height of a vehicle or load is in violation of section 719, 720, 722a, or 724 which violation is a misdemeanor, may require the driver of the vehicle to stop, and the officer may investigate, weigh, or measure the vehicle or load. If after personally investigating, weighing, or measuring the vehicle or load, the officer determines that the load, weight, or height of a vehicle or load are in violation of the requirements of section 719, 720, 722a, or 724, the officer may temporarily detain the driver of the vehicle for purposes of making a record or vehicle check, may make an arrest for the violation, and may proceed as otherwise provided in this act.


History: Add. 1984, Act 74, Imd. Eff. Apr. 18, 1984





257.726c Duly authorized agent of county road commission; shoulder patch required; firearm.

Sec. 726c.

    (1) A duly authorized agent of a county road commission when enforcing sections 215, 255, 631(1), 717, 719, 719a, 720, 722, 724, 725, and 726 shall wear a shoulder patch that is clearly visible and identifies the branch of government represented.
    (2) A duly authorized agent of a county road commission shall not carry a firearm while enforcing sections 215, 255, 631(1), 717, 719, 719a, 720, 722, 724, 725, and 726 unless he or she is licensed or certified as a police officer under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.


History: Add. 1984, Act 74, Imd. Eff. Apr. 18, 1984 ;-- Am. 1989, Act 173, Imd. Eff. Aug. 22, 1989 ;-- Am. 2012, Act 529, Eff. Mar. 28, 2013 ;-- Am. 2016, Act 304, Eff. Jan. 2, 2017





257.727 Arrest without warrant; arraignment by magistrate or family division of circuit court.

Sec. 727.

    If a person is arrested without a warrant in any of the following cases, the arrested person shall, without unreasonable delay, be arraigned by the magistrate who is nearest or most accessible within the judicial district as provided in section 13 of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.13, or, if a minor, taken before the family division of circuit court within the county in which the offense charged is alleged to have been committed:
    (a) The person is arrested under section 601d.
    (b) The person is arrested under section 625(1), (3), (4), (5), (6), (7), or (8), or an ordinance substantially corresponding to section 625(1), (3), (6), or (8).
    (c) A person is arrested under section 626 or an ordinance substantially corresponding to that section. If under the existing circumstances it does not appear that releasing the person pending the issuance of a warrant will constitute a public menace, the arresting officer may proceed as provided by section 728.
    (d) A person arrested does not have in his or her immediate possession a valid operator's or chauffeur's license or the receipt described in section 311a. If the arresting officer otherwise satisfactorily determines the identity of the person and the practicability of subsequent apprehension if the person fails to voluntarily appear before a designated magistrate or the family division of circuit court as directed, the officer may release the person from custody with instructions to appear in court, given in the form of a citation as prescribed by section 728.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1951, Act 270, Eff. Sept. 28, 1951 ;-- Am. 1965, Act 41, Imd. Eff. May 25, 1965 ;-- Am. 1983, Act 63, Eff. Mar. 29, 1984 ;-- Am. 1991, Act 99, Eff. Jan. 1, 1992 ;-- Am. 1993, Act 301, Eff. June 30, 1994 ;-- Am. 1998, Act 348, Eff. Oct. 1, 1999 ;-- Am. 2004, Act 62, Eff. May 3, 2004 ;-- Am. 2008, Act 463, Eff. Oct. 31, 2010





257.727a Repealed. 1979, Act 66, Eff. Aug. 1, 1979.


Compiler's Notes: The repealed section pertained to citations for traffic violations.





257.727b Citation books; issuance; receipt.

Sec. 727b.

     Each police chief, including the state police, and each sheriff shall issue citation books to each police officer of the department whose duties may or will include traffic duty or traffic law enforcement. Each police chief shall obtain a receipt from the officer to whom a citation book has been issued upon a form created by the secretary of state, the attorney general, the state court administrator, and the director of the department of state police.


History: Add. 1966, Act 235, Eff. July 1, 1967 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979





257.727c “Citation” defined; numbering, form, and parts of citation; modification and optional use of citation; complaint signed by police officer as made under oath; conditions.

Sec. 727c.

    (1) As used in this act, "citation" means a complaint or notice upon which a police officer shall record an occurrence involving 1 or more vehicle law violations by the person cited. Each citation shall be numbered consecutively, be in a form as determined by the secretary of state, the attorney general, the state court administrator, and the director of the department of state police and shall consist of the following parts:
    (a) The original which shall be a complaint or notice to appear by the officer and shall be filed with the court in which the appearance is to be made.
    (b) The first copy which shall be retained by the local traffic enforcement agency.
    (c) The second copy which shall be delivered to the alleged violator if the violation is a misdemeanor.
    (d) The third copy which shall be delivered to the alleged violator if the violation is a civil infraction.
    (2) With the prior approval of the state officials enumerated in subsection (1), the citation may be appropriately modified as to content or number of copies to accommodate law enforcement and local court procedures and practices. Use of this citation for other than moving violations is optional.
    (3) For purposes of this act, a complaint signed by a police officer shall be treated as made under oath if the violation alleged in the complaint is either a civil infraction or a misdemeanor or ordinance violation for which the maximum permissible penalty does not exceed 93 days in jail or a fine, or both, and occurred or was committed in the signing officer's presence or under circumstances permitting the officer's issuance of a citation under section 625a or 728(8), and if the complaint contains the following statement immediately above the date and signature of the officer:
     "I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge, and belief."


History: Add. 1967, Act 212, Eff. Nov. 2, 1967 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1979, Act 66, Eff. Aug. 1, 1979 ;-- Am. 1983, Act 172, Eff. Mar. 29, 1984 ;-- Am. 1999, Act 73, Eff. Oct. 1, 1999





257.728 Arrest without warrant; preparation and contents of citation; informing offender of violation; arraignment before magistrate or probate court; appearance; guaranteed appearance certificate or deposit; fees; violation by officer or magistrate; issuance of citation to operator involved in accident; issuance of citation to person operating commercial motor vehicle.

Sec. 728.

    (1) When a person is arrested without a warrant for a violation of this act punishable as a misdemeanor, or an ordinance substantially corresponding to a provision of this act and punishable as a misdemeanor, under conditions not referred to in section 617, 619, or 727, the arresting officer shall prepare, as soon as possible and as completely as possible, an original and 3 copies of a written citation to appear in court containing the name and address of the person, the violation charged, and the time and place when and where the person shall appear in court. The officer shall inform the offender of the violation and shall give the second copy of the citation to the alleged offender. If the arrested person demands, he or she shall be arraigned by a magistrate or probate court as provided in section 727 in lieu of being given the citation.
    (2) The time specified in the citation to appear shall be within a reasonable time after the arrest.
    (3) The place specified in the citation to appear shall be before a magistrate or probate court within the county in which the violation charged is alleged to have been committed and who has jurisdiction of the violation.
    (4) Appearance may be made in person, by representation, or by mail. If appearance is made by representation or mail, the magistrate may accept the plea of guilty or not guilty for purposes of arraignment, with the same effect as though the person personally appeared before him or her. The magistrate, by giving 5 days' notice of the date of appearance, may require appearance in person at the time and place designated in the citation.
    (5) If a nonresident is arrested without warrant for a violation of this act that is punishable as a misdemeanor, or an ordinance substantially corresponding to a provision of this act and punishable as a misdemeanor, under conditions not referred to in section 727, the arresting officer, upon demand of the arrested person, immediately shall take the person for arraignment by a magistrate in the vicinity to answer to the complaint made against the person. If a magistrate is not available or an immediate trial cannot be had, the person arrested may recognize to the officer for his or her appearance by leaving with the officer a guaranteed appearance certificate or a sum of money not to exceed $100.00, in which case the following provisions apply:
    (a) The officer making the arrest shall give a receipt to the person arrested for the guaranteed appearance certificate or the money deposited together with a written citation as provided in subsection (1).
    (b) If the alleged offender fails to appear as required in the citation, the guaranteed appearance certificate or deposit shall be forfeited as in other cases of default in bail in addition to any other penalty provided in this chapter.
    (c) At or before the completion of his or her tour of duty, a police officer taking a certificate or deposit of money shall deliver the certificate or deposit of money either to the magistrate named in the citation together with a report of the facts relating to the arrest, or to the police chief or person authorized by the police chief to receive certificates and deposits. The police chief or person authorized by the police chief shall deposit with the court the certificate or the money deposited and the citation in the same manner as prescribed for citations in section 728a. Failure to make a report and deliver the money deposited is embezzlement of public money.
    (d) "Guaranteed appearance certificate" means a card or certificate containing a printed statement that a surety company authorized to do business in this state guarantees the appearance of the person whose signature appears on the card or certificate, and that the company, if the person fails to appear in court at the time of trial or sentencing or to pay any fines or costs imposed under this act, will pay any fine, costs, or bond forfeiture imposed on the person in a total amount not to exceed $200.00.
    (6) An officer making an arrest under this chapter for a misdemeanor without a warrant, except under section 727, is not entitled to any fees for making the arrest or the issuance of a citation under this section.
    (7) An officer or magistrate who violates this section is guilty of misconduct in office and subject to removal from office.
    (8) A police officer may issue a citation to a person who is an operator of a motor vehicle involved in an accident if, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a misdemeanor under this act in connection with the accident. The officer shall prepare an original and 3 copies of the citation, setting forth the name and address of the person, the violation that may be charged against the person, and the time and place of the appearance of the person in court. The citation shall inform the person of the office, bureau, or department to which requests for a change or adjournment of the court date may be made.
    (9) If the citation is issued to a person who is operating a commercial motor vehicle, the citation shall contain the vehicle group designation and indorsement description of the vehicle operated by the person at the time of the alleged violation.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1951, Act 270, Eff. Sept. 28, 1951 ;-- Am. 1955, Act 121, Eff. Oct. 14, 1955 ;-- Am. 1957, Act 47, Eff. Sept. 27, 1957 ;-- Am. 1962, Act 160, Imd. Eff. May 10, 1962 ;-- Am. 1965, Act 41, Imd. Eff. May 25, 1965 ;-- Am. 1965, Act 273, Eff. Mar. 31, 1966 ;-- Am. 1966, Act 235, Eff. July 1, 1967 ;-- Am. 1975, Act 267, Imd. Eff. Nov. 7, 1975 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1979, Act 66, Eff. Aug. 1, 1979 ;-- Am. 1984, Act 331, Imd. Eff. Dec. 26, 1984 ;-- Am. 1988, Act 346, Eff. Jan. 1, 1990 ;-- Am. 1993, Act 301, Eff. June 30, 1994 ;-- Am. 2008, Act 7, Imd. Eff. Feb. 15, 2008
Compiler's Notes: Section 2 of Act 346 of 1988 provides:“(1) Except as otherwise provided in this section, this amendatory act shall take effect October 1, 1989.“(2) Sections 634, 710g, 722, 723, 724, 802, and 907 of this amendatory act shall take effect January 1, 1989.“(3) Sections 4B and 801 of this amendatory act shall take effect upon the date of enactment of this amendatory act.”Section 2 of Act 173 of 1989 provides:“(1) The amendments made to sections 8b, 57, 67a, 301, 303, 305, 306, 307, 309, 310, 312d, 312e, 312f, 312g, 312h, 314, 314b, 319a, 321a, 323, 728, 732, 743, and 907 of Act No. 300 of the Public Acts of 1949, being sections 257.8b, 257.57, 257.67a, 257.301, 257.303, 257.305, 257.306, 257.307, 257.309, 257.310, 257.312d, 257.312e, 257.312f, 257.312g, 257.312h, 257.314, 257.314b, 257.319a, 257.321a, 257.323, 257.728, 257.732, 257.743, and 257.907 of the Michigan Compiled Laws, by Act No. 346 of the Public Acts of 1988 shall take effect January 1, 1990.“(2) Enacting section 2 of Act No. 346 of the Public Acts of 1988 is repealed.”





257.728a Citation; delivery of copies to police chief or duly authorized person; deposit of original with court; mailing original to court; spoiled, mutilated, or voided citation; criminal complaint.

Sec. 728a.

    (1) At or before the completion of his or her tour of duty a police officer to whom a citation book has been issued and who has recorded the occurrence of a vehicle law violation upon a citation shall deliver to his or her police chief or to a person duly authorized by the police chief to receive citations all copies of such citation duly signed. The police chief or a person duly authorized by the police chief shall deposit the original of the citation with the court having jurisdiction over the offense not later than 3 days after the date of the citation, excluding Saturdays, Sundays, and legal holidays.
    (2) The citation shall be considered to have been deposited with the court as required under subsection (1) if the original of the citation is mailed not later than 2 days after the date of the citation as specified under this subsection. Mailing shall be accomplished by enclosing the original of the citation in a sealed envelope with first class postage fully prepaid, addressed to the court, and depositing the envelope and contents in the United States government mail.
    (3) If a citation is spoiled, mutilated, or voided, it shall be endorsed with a full explanation thereof by the police officer voiding the citation, and shall be accounted for to the police officer's police chief or an authorized designee of the police chief.
    (4) Nothing in this act shall prevent a person other than a police officer from applying for a criminal complaint for a vehicle law violation which is not a civil infraction, and that person need not show that the alleged offender has been issued a citation in connection with the offense.


History: Add. 1966, Act 235, Eff. July 1, 1967 ;-- Am. 1984, Act 331, Imd. Eff. Dec. 26, 1984





257.728b Establishment of procedures to insure accountability; maintenance of citation records.

Sec. 728b.

     The state treasurer shall establish procedures to insure accountability which shall be maintained by all jurisdictions processing traffic violation citations. The record showing the issuance and subsequent disposition shall be maintained complete for at least the most recent 5-year period and such records and notices shall be available for public inspection.


History: Add. 1966, Act 235, Eff. July 1, 1967





257.728c Audit of citation records.

Sec. 728c.

     A complete audit of such citation records shall be made at least annually by the appropriate fiscal officer of the governmental agency to which the traffic enforcement agency is responsible; and may be audited by the state treasurer if deemed by him to be necessary.


History: Add. 1966, Act 235, Eff. July 1, 1967





257.728d Falsification of citation or record of issuance; penalty.

Sec. 728d.

     Whoever knowingly falsifies a citation or copies thereof or a record of the issuance of same, or disposes of such citation, copy or record, in a manner other than as required in this act, or attempts so to falsify or dispose, or attempts to incite or procure another so to falsify or dispose shall be fined not more than $500.00 or imprisoned in the county jail for a term not to exceed 1 year, or both.


History: Add. 1966, Act 235, Eff. July 1, 1967





257.728e Accepting plea; signing of complaint; filing sworn complaint; warrant for arrest.

Sec. 728e.

     When under section 728 an officer issues a citation for a misdemeanor punishable by imprisonment for not more than 90 days, a magistrate may accept a plea of guilty or not guilty upon the citation, without the necessity of a sworn complaint but the officer shall sign the complaint before the magistrate makes a docket return on the complaint. If the offender pleads not guilty, further proceedings may not be had until a sworn complaint is filed with the magistrate. A warrant for arrest shall not issue for an offense under this act until a sworn complaint is filed with the magistrate.


History: Add. 1967, Act 211, Eff. Nov. 2, 1967 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979





257.729 Fine and costs.

Sec. 729.

     In addition to a fine assessed for the charge or civil infraction when found guilty or determined responsible, the magistrate may also add to any fine and costs levied additional costs incurred in compelling the appearance of the person, which additional costs shall be returned to the general fund of the unit of government incurring the costs.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1951, Act 270, Eff. Sept. 28, 1951 ;-- Am. 1967, Act 129, Eff. Nov. 2, 1967 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1980, Act 518, Eff. Mar. 31, 1981





257.730 Provisions governing arrests without warrant and issuance of citations; execution of warrant.

Sec. 730.

     This chapter shall govern all police officers in making arrests without a warrant and in issuing civil infraction citations for violations of this act, but this act shall not be construed as preventing the execution of a warrant for the arrest of a person for a misdemeanor as in other cases of misdemeanors when the same may be necessary.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979





257.731 Evidence of conviction or civil infraction determination inadmissible in civil action.

Sec. 731.

     Evidence of the conviction or civil infraction determination of a person for a violation of this chapter or of a local ordinance pertaining to the use of motor vehicles shall not be admissible in a court in a civil action.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1953, Act 60, Eff. Oct. 2, 1953 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979





257.732 Record of cases; forwarding abstract of record or report to secretary of state; settlement; abstracts forwarded; "felony in which a motor vehicle was used" defined; statement; "felony in which a commercial motor vehicle was used" defined; certification that all abstracts forwarded; noncompliance as misconduct in office; location and public inspection of abstracts; entering abstracts on master driving record; exceptions; informing courts of violations; entering order of reversal in book or index; modifications; abstract as part of written notice to appear; immediate report; expunction prohibited.

Sec. 732.

    (1) Each municipal judge and each clerk of a court of record shall keep a full record of every case in which an individual is charged with or cited for a violation of this act or a local ordinance substantially corresponding to this act regulating the operation of vehicles on highways and with those offenses pertaining to the operation of ORVs or snowmobiles for which points are assessed under section 320a(1)(c) or (i). Except as provided in subsection (16), the municipal judge or clerk of the court of record shall prepare and forward to the secretary of state an abstract of the court record as follows:
    (a) Not more than 5 days after a conviction, forfeiture of bail, or entry of a civil infraction determination or default judgment upon a charge of or citation for violating or attempting to violate this act or a local ordinance substantially corresponding to this act regulating the operation of vehicles on highways.
    (b) Immediately for each case charging a violation of section 625(1), (3), (4), (5), (6), (7), or (8) or section 625m or a local ordinance substantially corresponding to section 625(1), (3), (6), or (8) or section 625m in which the charge is dismissed or the defendant is acquitted.
    (c) Immediately for each case charging a violation of section 82127(1) or (3) or 81134 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82127 and 324.81134, or a local ordinance substantially corresponding to those sections.
    (2) If a city or village department, bureau, or person is authorized to accept a payment of money as a settlement for a violation of a local ordinance substantially corresponding to this act, the city or village department, bureau, or person shall send a full report of each case in which an individual pays any amount of money to the city or village department, bureau, or person to the secretary of state upon a form prescribed by the secretary of state.
    (3) The abstract or report required under this section must be made upon a form furnished by the secretary of state. An abstract must be certified by signature, stamp, or facsimile signature of the individual required to prepare the abstract as correct. An abstract or report must include all of the following:
    (a) The name, address, and date of birth of the individual charged or cited.
    (b) The number of the individual's operator's or chauffeur's license, if any.
    (c) The date and nature of the violation.
    (d) The type of vehicle driven at the time of the violation and, if the vehicle is a commercial motor vehicle, that vehicle's group designation.
    (e) The date of the conviction, finding, forfeiture, judgment, or civil infraction determination.
    (f) Whether bail was forfeited.
    (g) Any license restriction, suspension, or denial ordered by the court as provided by law.
    (h) The vehicle identification number and registration plate number of all vehicles that are ordered immobilized or forfeited.
    (i) Other information considered necessary to the secretary of state.
    (4) The clerk of the court also shall forward an abstract of the court record to the secretary of state upon an individual's conviction or, for the purposes of subdivision (d), a finding or admission of responsibility, involving any of the following:
    (a) A violation of section 413, 414, or 479a of the Michigan penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a.
    (b) A violation of section 1 of former 1931 PA 214.
    (c) Negligent homicide, manslaughter, or murder resulting from the operation of a vehicle.
    (d) A violation of sections 701(1) and 703 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701 and 436.1703, or a local ordinance substantially corresponding to those sections.
    (e) A violation of section 411a(2) of the Michigan penal code, 1931 PA 328, MCL 750.411a.
    (f) A violation of motor carrier safety regulations 49 CFR 392.10 or 392.11 as adopted by section 1a of the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11a.
    (g) A violation of section 57 of the pupil transportation act, 1990 PA 187, MCL 257.1857.
    (h) An attempt to violate, a conspiracy to violate, or a violation of part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461, or a local ordinance that prohibits conduct prohibited under part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461, unless the convicted individual is sentenced to life imprisonment or a minimum term of imprisonment that exceeds 1 year for the offense.
    (i) An attempt to commit an offense described in subdivisions (a) to (g).
    (j) A violation of chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z.
    (k) A violation of section 3101, 3102(1), or 3103 of the insurance code of 1956, 1956 PA 218, MCL 500.3101, 500.3102, and 500.3103.
    (l) A violation listed as a disqualifying offense under 49 CFR 383.51.
    (5) The clerk of the court shall also forward an abstract of the court record to the secretary of state if an individual has pled guilty to, or offered a plea of admission in a juvenile proceeding for, a violation of section 703 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance substantially corresponding to that section, and has had further proceedings deferred under that section. If the individual is sentenced to a term of probation and terms and conditions of probation are fulfilled and the court discharges the individual and dismisses the proceedings, the court shall also report the dismissal to the secretary of state.
    (6) As used in subsections (7) to (9), "felony in which a motor vehicle was used" means a felony during the commission of which the individual operated a motor vehicle and while operating the vehicle presented real or potential harm to individuals or property and 1 or more of the following circumstances existed:
    (a) The vehicle was used as an instrument of the felony.
    (b) The vehicle was used to transport a victim of the felony.
    (c) The vehicle was used to flee the scene of the felony.
    (d) The vehicle was necessary for the commission of the felony.
    (7) If an individual is charged with a felony in which a motor vehicle was used, other than a felony specified in subsection (4) or section 319, the prosecuting attorney shall include the following statement on the complaint and information filed in district or circuit court:
    "You are charged with the commission of a felony in which a motor vehicle was used. If you are convicted and the judge finds that the conviction is for a felony in which a motor vehicle was used, as defined in section 319 of the Michigan vehicle code, 1949 PA 300, MCL 257.319, your driver's license shall be suspended by the secretary of state.".
    (8) If a juvenile is accused of an act, the nature of which constitutes a felony in which a motor vehicle was used, other than a felony specified in subsection (4) or section 319, the prosecuting attorney or family division of circuit court shall include the following statement on the petition filed in the court:
    "You are accused of an act the nature of which constitutes a felony in which a motor vehicle was used. If the accusation is found to be true and the judge or referee finds that the nature of the act constitutes a felony in which a motor vehicle was used, as defined in section 319 of the Michigan vehicle code, 1949 PA 300, MCL 257.319, your driver's license shall be suspended by the secretary of state.".
    (9) If the court determines as part of the sentence or disposition that the felony for which the individual was convicted or adjudicated and with respect to which notice was given under subsection (7) or (8) is a felony in which a motor vehicle was used, the clerk of the court shall forward an abstract of the court record of that conviction to the secretary of state.
    (10) As used in subsections (11) and (12), "felony in which a commercial motor vehicle was used" means a felony during the commission of which the individual operated a commercial motor vehicle and while the individual was operating the vehicle 1 or more of the following circumstances existed:
    (a) The vehicle was used as an instrument of the felony.
    (b) The vehicle was used to transport a victim of the felony.
    (c) The vehicle was used to flee the scene of the felony.
    (d) The vehicle was necessary for the commission of the felony.
    (11) If an individual is charged with a felony in which a commercial motor vehicle was used and for which a vehicle group designation on a license is subject to suspension or revocation under section 319b(1)(c)(iii), 319b(1)(d), 319b(1)(e)(iii), or 319b(1)(f)(i), the prosecuting attorney shall include the following statement on the complaint and information filed in district or circuit court:
    "You are charged with the commission of a felony in which a commercial motor vehicle was used. If you are convicted and the judge finds that the conviction is for a felony in which a commercial motor vehicle was used, as defined in section 319b of the Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle group designations on your driver's license shall be suspended or revoked by the secretary of state.".
    (12) If the judge determines as part of the sentence that the felony for which the defendant was convicted and with respect to which notice was given under subsection (11) is a felony in which a commercial motor vehicle was used, the clerk of the court shall forward an abstract of the court record of that conviction to the secretary of state.
    (13) Every individual required to forward abstracts to the secretary of state under this section shall certify for the period from January 1 through June 30 and for the period from July 1 through December 31 that all abstracts required to be forwarded during the period have been forwarded. The certification must be filed with the secretary of state not later than 28 days after the end of the period covered by the certification. The certification must be made upon a form furnished by the secretary of state and must include all of the following:
    (a) The name and title of the individual required to forward abstracts.
    (b) The court for which the certification is filed.
    (c) The time period covered by the certification.
    (d) The following statement:
    "I certify that all abstracts required by section 732 of the Michigan vehicle code, 1949 PA 300, MCL 257.732, for the period ________________ through ______________ have been forwarded to the secretary of state.".
    (e) Other information the secretary of state considers necessary.
    (f) The signature of the individual required to forward abstracts.
    (14) The failure, refusal, or neglect of an individual to comply with this section constitutes misconduct in office and is grounds for removal from office.
    (15) Except as provided in subsection (16), the secretary of state shall keep all abstracts received under this section at the secretary of state's main office and the abstracts must be open for public inspection during the office's usual business hours. Each abstract must be entered upon the master driving record of the individual to whom it pertains.
    (16) Except for controlled substance offenses described in subsection (4), the court shall not submit, and the secretary of state shall discard and not enter on the master driving record, an abstract for a conviction or civil infraction determination for any of the following violations:
    (a) The parking or standing of a vehicle.
    (b) A nonmoving violation that is not the basis for the secretary of state's suspension, revocation, or denial of an operator's or chauffeur's license.
    (c) A violation of chapter II that is not the basis for the secretary of state's suspension, revocation, or denial of an operator's or chauffeur's license.
    (d) A pedestrian, passenger, or bicycle violation, other than a violation of section 703(1) or (2) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance substantially corresponding to section 703(1) or (2) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or section 624a or 624b or a local ordinance substantially corresponding to section 624a or 624b.
    (e) A violation of section 710e or a local ordinance substantially corresponding to section 710e.
    (f) A violation of section 328(1) if, before the appearance date on the citation, the individual submits proof to the court that the motor vehicle had insurance meeting the requirements of sections 3101 and 3102 of the insurance code of 1956, 1956 PA 218, MCL 500.3101 and 500.3102, at the time the citation was issued. Insurance obtained subsequent to the time of the violation does not make the violation an exception under this subsection.
    (g) A violation described in section 319b(10)(b)(vii) if, before the court appearance date or date fines are to be paid, the individual submits proof to the court that the individual held a valid commercial driver license on the date the citation was issued.
    (h) A violation of section 311 if the individual was driving a noncommercial vehicle and, before the court appearance date or the date fines are to be paid, the individual submits proof to the court that the individual held a valid driver license on the date the citation was issued.
    (17) Except as otherwise provided in this subsection, the secretary of state shall discard and not enter on the master driving record an abstract for a bond forfeiture that occurred outside this state. The secretary of state shall enter on the master driving record an abstract for a conviction as defined in section 8a(b) that occurred outside this state in connection with the operation of a commercial motor vehicle or for a conviction of an individual licensed as a commercial motor vehicle driver.
    (18) The secretary of state shall inform the courts of this state of the nonmoving violations and violations of chapter II that are used by the secretary of state as the basis for the suspension, restriction, revocation, or denial of an operator's or chauffeur's license.
    (19) If a conviction or civil infraction determination is reversed upon appeal, the individual whose conviction or determination has been reversed may serve on the secretary of state a certified copy of the order of reversal. The secretary of state shall enter the order in the proper book or index in connection with the record of the conviction or civil infraction determination.
    (20) The secretary of state may permit a city or village department, bureau, person, or court to modify the requirement as to the time and manner of reporting a conviction, civil infraction determination, or settlement to the secretary of state if the modification will increase the economy and efficiency of collecting and utilizing the records. If the permitted abstract of court record reporting a conviction, civil infraction determination, or settlement originates as a part of the written notice to appear, authorized in section 728(1) or 742(1), the form of the written notice and report must be as prescribed by the secretary of state.
    (21) Notwithstanding any other law of this state, a court shall not take under advisement an offense committed by an individual while operating a motor vehicle for which this act requires a conviction or civil infraction determination to be reported to the secretary of state. A conviction or civil infraction determination that is the subject of this subsection must not be masked, delayed, diverted, suspended, or suppressed by a court. Upon a conviction or civil infraction determination, the conviction or civil infraction determination must immediately be reported to the secretary of state in accordance with this section.
    (22) Except as provided in this act and notwithstanding any other provision of law, a court shall not order expunction of any violation reportable to the secretary of state under this section.
    
    


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1951, Act 270, Eff. Sept. 28, 1951 ;-- Am. 1965, Act 41, Imd. Eff. May 25, 1965 ;-- Am. 1965, Act 309, Eff. Mar. 31, 1966 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1980, Act 518, Eff. Mar. 31, 1981 ;-- Am. 1982, Act 310, Eff. Mar. 30, 1983 ;-- Am. 1985, Act 1, Eff. July 1, 1985 ;-- Am. 1988, Act 205, Eff. July 1, 1988 ;-- Am. 1988, Act 346, Eff. Jan. 1, 1990 ;-- Am. 1991, Act 99, Eff. Jan. 1, 1992 ;-- Am. 1991, Act 100, Eff. Jan. 1, 1993 ;-- Am. 1993, Act 359, Eff. Sept. 1, 1994 ;-- Am. 1994, Act 450, Eff. May 1, 1995 ;-- Am. 1996, Act 493, Eff. Apr. 1, 1997 ;-- Am. 1998, Act 348, Eff. Oct. 1, 1999 ;-- Am. 1999, Act 21, Eff . Oct. 1, 2000 ;-- Am. 1999, Act 73, Eff. Oct. 1, 1999 ;-- Am. 2000, Act 460, Eff. Mar. 28, 2001 ;-- Am. 2001, Act 103, Eff. Oct. 1, 2001 ;-- Am. 2001, Act 134, Eff. Feb. 1, 2002 ;-- Am. 2002, Act 259, Imd. Eff. May 1, 2002 ;-- Am. 2002, Act 422, Eff. Oct. 1, 2002 ;-- Am. 2002, Act 534, Eff. Oct. 1, 2002 ;-- Am. 2004, Act 52, Eff. May 1, 2004 ;-- Am. 2004, Act 62, Eff. May 3, 2004 ;-- Am. 2004, Act 362, Imd. Eff. Oct. 4, 2004 ;-- Am. 2004, Act 495, Imd. Eff. Dec. 29, 2004 ;-- Am. 2006, Act 298, Imd. Eff. July 20, 2006 ;-- Am. 2010, Act 59, Eff. July 1, 2010 ;-- Am. 2011, Act 159, Imd. Eff. Sept. 30, 2011 ;-- Am. 2012, Act 592, Eff. Mar. 28, 2013 ;-- Am. 2015, Act 11, Eff. July 8, 2015 ;-- Am. 2017, Act 160, Eff. Jan. 1, 2018 ;-- Am. 2023, Act 40, Eff. June 30, 2023
Compiler's Notes: Section 2 of Act 310 of 1982 provides: “All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this amendatory act takes effect are saved and may be consummated according to the law in force when they are commenced. This amendatory act shall not be construed to affect any prosecution pending or initiated before the effective date of this amendatory act, or initiated after the effective date of this amendatory act for an offense committed before that effective date.”Section 2 of Act 205 of 1988 provides: “This amendatory act shall take effect July 1, 1988 and apply to violations which occur on or after that date.”Section 2 of Act 346 of 1988 provides:“(1) Except as otherwise provided in this section, this amendatory act shall take effect October 1, 1989.“(2) Sections 634, 710g, 722, 723, 724, 802, and 907 of this amendatory act shall take effect January 1, 1989. “(3) Sections 4B and 801 of this amendatory act shall take effect upon the date of enactment of this amendatory act.”Section 2 of Act 173 of 1989 provides:“(1) The amendments made to sections 8b, 57, 67a, 301, 303, 305, 306, 307, 309, 310, 312d, 312e, 312f, 312g, 312h, 314, 314b, 319a, 321a, 323, 728, 732, 743, and 907 of Act No. 300 of the Public Acts of 1949, being sections 257.8b, 257.57, 257.67a, 257.301, 257.303, 257.305, 257.306, 257.307, 257.309, 257.310, 257.312d, 257.312e, 257.312f, 257.312g, 257.312h, 257.314, 257.314b, 257.319a, 257.321a, 257.323, 257.728, 257.732, 257.743, and 257.907 of the Michigan Compiled Laws, by Act No. 346 of the Public Acts of 1988 shall take effect January 1, 1990.“(2) Enacting section 2 of Act No. 346 of the Public Acts of 1988 is repealed.”





257.732a Fire protection fund; creation; disposition of funds; transmission of fees to state treasurer.

Sec. 732a.

    (1) The fire protection fund is created within the state treasury. The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments. Money in the fund at the close of the fiscal year must remain in the fund and must not lapse to the general fund. The department of licensing and regulatory affairs shall expend money from the fund, upon appropriation, only for fire protection grants to cities, villages, and townships with state-owned facilities for fire services, as provided in 1977 PA 289, MCL 141.951 to 141.956.
    (2) The secretary of state shall transmit the fees collected under this section to the state treasurer. The state treasurer shall credit fee money received under this section in each fiscal year as follows:
    (a) The first $8,500,000.00 must be credited to the fire protection fund created in subsection (1).
    (b) For fiscal year 2017 and for each fiscal year thereafter, after the amount specified in subdivision (a) is credited to the fire protection fund created under subsection (1), the next $1,000,000.00 must be credited to the department of state for necessary expenses incurred by the department of state in implementing and administering the requirements of sections 625k and 625q. Funds appropriated under this subdivision must be based upon an established cost allocation methodology that reflects the actual costs incurred or to be incurred by the secretary of state during the fiscal year. However, except as otherwise provided in this subdivision, funds appropriated under this subdivision must not exceed $1,000,000.00 during any fiscal year.
    (c) Any amount collected after crediting the amounts under subdivisions (a) and (b) must be credited to the general fund.
    (3) It is the intent of the legislature that beginning with the fiscal year ending September 30, 2018, and each fiscal year after that, $8,500,000.00 must be appropriated to the fire protection fund created under subsection (2).
    
    


History: Add. 2003, Act 165, Eff. Oct. 1, 2003 ;-- Am. 2004, Act 52, Eff. May 1, 2004 ;-- Am. 2008, Act 460, Eff. Apr. 1, 2009 ;-- Am. 2008, Act 463, Eff. Oct. 31, 2010 ;-- Am. 2010, Act 155, Eff. Jan. 1, 2011 ;-- Am. 2011, Act 255, Eff. Oct. 1, 2012 ;-- Am. 2012, Act 203, Imd. Eff. June 27, 2012 ;-- Am. 2014, Act 250, Eff. Sept. 23, 2014 ;-- Am. 2016, Act 32, Eff. June 6, 2016 ;-- Am. 2018, Act 43, Imd. Eff. Mar. 1, 2018 ;-- Am. 2018, Act 45, Imd. Eff. Mar. 1, 2018 ;-- Am. 2018, Act 46, Imd. Eff. Mar. 1, 2018 ;-- Am. 2018, Act 50, Eff. Mar. 31, 2018 ;-- Am. 2024, Act 113, Eff. Apr. 2, 2025
Compiler's Notes: Enacting section 1 of Act 32 of 2016 provides:"Enacting section 1. R 257.1005 and R 257.1006 of the Michigan Administrative Code are rescinded."





257.732b Repealed. 2024, Act 113, Eff. Apr. 2, 2025.


Compiler's Notes: The repealed section pertained to participation in a workforce training payment program as alternative to paying driver responsibility fee.





257.732c Workforce training payment program; creation; development; administrator; definitions.

Sec. 732c.

    (1) The department of treasury shall create a workforce training payment program.
    (2) The department of treasury may work with a local workforce development board, a Michigan works one-stop service center, or a training program offered by the department of corrections to develop the workforce training payment program described in subsection (1).
    (3) The department of treasury shall be the administrator of the workforce training payment program described in subsection (1).
    (4) As used in this section:
    (a) "Local workforce development board" means that term as defined in section 3 of the Michigan works one-stop service center system act, 2006 PA 491, MCL 408.113.
    (b) "Michigan works one-stop service center" means that term as defined in section 3 of the Michigan works one-stop service center system act, 2006 PA 491, MCL 408.113.


History: Add. 2018, Act 49, Eff. Mar. 31, 2018





257.732d Repealed. 2024, Act 113, Eff. Apr. 2, 2025.


Compiler's Notes: The repealed section pertained to required education of certain individuals affected by changes to state law about driver responsibility fee obligations.





257.733 Release of accident information to nongovernmental agency; exception.

Sec. 733.

    (1) The department shall not release information relating to an accident on the record of a driver to a nongovernmental agency unless the driver was subsequently convicted of or determined responsible for a violation of this act in connection with the accident.
    (2) Except as otherwise provided in subsection (4), the department shall not release information relating to an accident on the record of any of the following to a nongovernmental agency if the accident occurred while the person was operating the vehicle during the course of his or her employment:
    (a) A police officer.
    (b) A firefighter.
    (c) An employee of the state transportation department, a county road commission, or a local authority having jurisdiction over a highway who is authorized to operate a motor vehicle or equipment while working within the highway right-of-way.
    (d) A person authorized to operate an ambulance or other emergency vehicle.
    (3) The department shall not release information received under section 732(5) concerning a plea to and the discharge and dismissal of a violation of section 703 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance substantially corresponding to section 703 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, except as provided in section 703(3) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703.
    (4) Subsection (2) does not apply to a person described in subsection (2) who was convicted of a crime under this act in connection with the accident.


History: Add. 1974, Act 208, Imd. Eff. July 11, 1974 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1978, Act 545, Eff. Oct. 1, 1979 ;-- Am. 1994, Act 50, Imd. Eff. Mar. 25, 1994 ;-- Am. 2004, Act 62, Eff. Sept. 1, 2004 ;-- Am. 2006, Act 650, Eff. Oct. 1, 2010





257.741 Civil infraction action as civil action; commencement; plaintiff; jurisdiction; time and place for appearance; venue.

Sec. 741.

    (1) A civil infraction action is a civil action in which the defendant is alleged to be responsible for a civil infraction. A civil infraction action is commenced upon the issuance and service of a citation as provided in section 742. The plaintiff in a civil infraction action must be either this state if the alleged civil infraction is a violation of this act, or a political subdivision if the alleged civil infraction is a violation of a local ordinance of that subdivision that substantially corresponds to a provision of this act.
    (2) The following courts have jurisdiction over civil infraction actions:
    (a) The district court.
    (b) Any municipal court.
    (3) The time specified in a citation for appearance must be within a reasonable time after the citation is issued pursuant to section 682 or 742.
    (4) The place specified in the citation for appearance must be the court listed in subsection (2) that has territorial jurisdiction of the place where the civil infraction occurred. Venue in the district court is governed by section 8312 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8312.
    (5) If the individual cited is a minor, that individual may appear in court or admit responsibility for a civil infraction without the necessity of appointment of a guardian or next friend. The courts listed in subsection (2) have jurisdiction over the minor and may proceed in the same manner and in all respects as if that individual were an adult.
    
    


History: Add. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 2006, Act 298, Imd. Eff. July 20, 2006 ;-- Am. 2024, Act 161, Eff. Apr. 2, 2025





257.742 Stopping, detaining, and issuing citation for civil infraction; pursuing, stopping, and detaining person outside village, city, township, or county; purpose; violation as to load, weight, height, length, or width of vehicle or load; powers of police officer; issuing citation to driver of motor vehicle; form of citation; informing person of alleged civil infraction; delivering copy of citation to alleged offender; issuing, serving, and processing citations for parking and standing violations; filing citation with court; camera-based violation citation by mail; “parking violation notice” and "parking violations bureau" defined.

Sec. 742.

    (1) If a police officer witnesses an individual violating this act or a local ordinance substantially corresponding to this act and that violation is a civil infraction, that police officer may stop the individual, detain the individual temporarily for purposes of making a record of vehicle check, and prepare and subscribe, as soon as possible and as completely as possible, an original and 3 copies of a written citation, which must be a notice to appear in court for 1 or more civil infractions. If a police officer of a village, city, township, or county, or a police officer who is an authorized agent of a county road commission, witnesses an individual violating this act or a local ordinance substantially corresponding to this act within that village, city, township, or county and that violation is a civil infraction, that police officer may pursue, stop, and detain the individual outside the village, city, township, or county where the violation occurred for the purpose of exercising the authority and performing the duties prescribed in this section and section 749, as applicable.
    (2) If a police officer has reason to believe that the load, weight, height, length, or width of a vehicle or load are in violation of section 717, 719, 719a, 722, 724, 725, or 726 and that violation is a civil infraction, that police officer may require the driver of the vehicle to stop, and the police officer may investigate, weigh, or measure the vehicle or load. If, after personally investigating, weighing, or measuring the vehicle or load, the police officer determines that the load, weight, height, length, or width of the vehicle or load are in violation of section 717, 719, 719a, 722, 724, 725, or 726, the police officer may temporarily detain the driver of the vehicle for purposes of making a record or vehicle check and issue a citation to the driver or owner of the vehicle as provided in those sections.
    (3) A police officer may issue a citation to an individual who is a driver of a motor vehicle involved in an accident when, based upon personal investigation, the officer has reasonable cause to believe that the individual is responsible for a civil infraction in connection with the accident. A police officer may issue a citation to an individual who is a driver of a motor vehicle when, based upon personal investigation by the police officer of a complaint by someone who witnessed the individual violating this act or a local ordinance substantially corresponding to this act and that violation is a civil infraction, the officer has reasonable cause to believe that the individual is responsible for a civil infraction and if the prosecuting attorney or attorney for the political subdivision approves in writing the issuance of the citation.
    (4) The form of a citation issued under subsection (1), (2), (3), or (9) shall be as prescribed in sections 727c and 743.
    (5) The officer shall inform the individual of the alleged civil infraction or infractions and shall deliver the third copy of the citation to the alleged offender.
    (6) In a civil infraction action involving the parking or standing of a motor vehicle, a copy of the citation is not required to be served personally upon the defendant but may be served upon the registered owner by attaching the copy to the vehicle. A city may authorize personnel other than a police officer to issue and serve a citation for a violation of its ordinance involving the parking or standing of a motor vehicle. A city may authorize a person other than personnel or a police officer to issue and serve a citation for parking violations described in section 675d if the city has complied with the requirements of section 675d. State security personnel receiving authorization under section 6c of 1935 PA 59, MCL 28.6c, may issue and serve citations for violations involving the parking or standing of vehicles on land owned by this state or land of which this state is the lessee when authorized to do so by the director of the department of state police.
    (7) If a parking violation notice other than a citation is attached to a motor vehicle, and if an admission of responsibility is not made and the civil fine and costs, if any, prescribed by ordinance for the violation are not paid at the parking violations bureau, a citation may be filed with the court described in section 741(4) and a copy of the citation may be served by first-class mail upon the registered owner of the vehicle at the owner's last known address. A parking violation notice may be issued by a police officer, including a limited duty officer, or other personnel duly authorized by the city, village, township, college, or university to issue that parking violation notice under its ordinance. The citation filed with the court pursuant to this subsection need not comply in all particulars with sections 727c and 743 but must consist of a sworn complaint containing the allegations stated in the parking violation notice and must fairly inform the defendant how to respond to the citation.
    (8) A citation issued under subsection (6) or (7) for a parking or standing violation must be processed in the same manner as a citation issued personally to a defendant under subsection (1) or (3).
    (9) A citation may be issued by mail to the registered owner of a vehicle as provided in section 682 for a camera-based violation as defined in section 682.
    (10) As used in subsection (7):
    (a) "Parking violation notice" means a notice, other than a citation, directing a person to appear at a parking violations bureau in the city, village, or township in which, or of the college or university for which, the notice is issued and to pay the fine and costs, if any, prescribed by ordinance for the parking or standing of a motor vehicle in violation of the ordinance.
    (b) "Parking violations bureau" means a parking violations bureau established pursuant to section 8395 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8395, or a comparable parking violations bureau established in a city or village served by a municipal court or established pursuant to law by the governing board of a state university or college.
    
    


History: Add. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1979, Act 66, Eff. Aug. 1, 1979 ;-- Am. 1980, Act 249, Imd. Eff. July 28, 1980 ;-- Am. 1980, Act 426, Imd. Eff. Jan. 13, 1981 ;-- Am. 1981, Act 104, Eff. Oct. 1, 1981 ;-- Am. 1984, Act 74, Imd. Eff. Apr. 18, 1984 ;-- Am. 1989, Act 89, Eff. Sept. 19, 1989 ;-- Am. 1998, Act 68, Imd. Eff. May 4, 1998 ;-- Am. 2000, Act 268, Eff. Oct. 1, 2000 ;-- Am. 2008, Act 171, Imd. Eff. July 2, 2008 ;-- Am. 2024, Act 161, Eff. Apr. 2, 2025





257.743 Contents of citation issued pursuant to MCL 257.742; timely appearance.

Sec. 743.

    (1) A citation issued pursuant to section 742 shall contain the name of the state or political subdivision acting as plaintiff, the name and address of the person to whom the citation is issued, the civil infraction alleged, the place where the person shall appear in court, the telephone number of the court, the time at or by which the appearance shall be made, and the additional information required by this section.
    (2) The citation shall inform the defendant to the effect that he or she, at or by the time specified for appearance, may:
    (a) Admit responsibility for the civil infraction in person, by representation, or by mail.
    (b) Admit responsibility for the civil infraction "with explanation" in person, by representation, or by mail.
    (c) Deny responsibility for the civil infraction by doing either of the following:
    (i) Appearing in person for an informal hearing before a district court magistrate or a judge without the opportunity of being represented by an attorney.
    (ii) Appearing in court for a formal hearing before a judge, with the opportunity of being represented by an attorney.
    (3) The citation shall inform the defendant that if the person desires to admit responsibility "with explanation" other than by mail or to have an informal hearing or a formal hearing, the person must apply to the court in person, by mail, or by telephone, within the time specified for appearance and obtain a scheduled date and time to appear for a hearing. A hearing date may be specified on the citation.
    (4) The citation shall contain a notice in boldface type that the failure of a person to appear within the time specified in the citation or at the time scheduled for a hearing or appearance will result in entry of a default judgment against the person and in the immediate suspension of the person's operator's or chauffeur's license. Timely application to the court for a hearing or return of the citation with an admission of responsibility and with full payment of applicable civil fines and costs constitute a timely appearance.
    (5) If the citation is issued to a person who is operating a commercial motor vehicle, the citation shall contain a vehicle group designation and indorsement description of the vehicle, which vehicle is operated by the person at the time of the alleged civil infraction.


History: Add. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1979, Act 66, Eff. Aug. 1, 1979 ;-- Am. 1988, Act 346, Eff. Jan. 1, 1990 ;-- Am. 2006, Act 298, Imd. Eff. July 20, 2006
Compiler's Notes: Section 2 of Act 346 of 1988 provides:“(1) Except as otherwise provided in this section, this amendatory act shall take effect October 1, 1989.“(2) Sections 634, 710g, 722, 723, 724, 802, and 907 of this amendatory act shall take effect January 1, 1989.“(3) Sections 4B and 801 of this amendatory act shall take effect upon the date of enactment of this amendatory act.”Section 2 of Act 173 of 1989 provides:“(1) The amendments made to sections 8b, 57, 67a, 301, 303, 305, 306, 307, 309, 310, 312d, 312e, 312f, 312g, 312h, 314, 314b, 319a, 321a, 323, 728, 732, 743, and 907 of Act No. 300 of the Public Acts of 1949, being sections 257.8b, 257.57, 257.67a, 257.301, 257.303, 257.305, 257.306, 257.307, 257.309, 257.310, 257.312d, 257.312e, 257.312f, 257.312g, 257.312h, 257.314, 257.314b, 257.319a, 257.321a, 257.323, 257.728, 257.732, 257.743, and 257.907 of the Michigan Compiled Laws, by Act No. 346 of the Public Acts of 1988 shall take effect January 1, 1990.“(2) Enacting section 2 of Act No. 346 of the Public Acts of 1988 is repealed.”





257.744 Admissions or denials; sworn complaint; warrant for arrest.

Sec. 744.

     If an officer issues a citation under section 742 for a civil infraction or if a citation is issued under section 742 for a parking or standing violation, the court may accept an admission with explanation or an admission or denial of responsibility upon the citation without the necessity of a sworn complaint. If the person denies responsibility for the civil infraction, further proceedings shall not be had until a sworn complaint is filed with the court. A warrant for arrest under section 321a for failure to appear on the civil infraction citation shall not issue until a sworn complaint relative to the civil infraction is filed with the court.


History: Add. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1979, Act 66, Eff. Aug. 1, 1979





257.744a Police officer knowingly making materially false statement in citation as perjury; felony; penalty; contempt of court.

Sec. 744a.

     A police officer who, knowing the statement is false, makes a materially false statement in a citation issued under section 742 is guilty of perjury, a felony punishable by imprisonment for not more than 15 years, and in addition is in contempt of court.


History: Add. 1983, Act 172, Eff. Mar. 29, 1984





257.745 Responding to allegations in citation; appearance in person, by representation, or by mail; admission of responsibility; acceptance of admission; denial of responsibility; scheduling of informal or formal hearing.

Sec. 745.

    (1) A person to whom a citation is issued under section 742 shall appear by or at the time specified in the citation and may respond to the allegations in the citation as provided in this section.
    (2) If the person wishes to admit responsibility for the civil infraction, the person may do so by appearing in person, by representation, or by mail. If appearance is made by representation or mail, the court may accept the admission with the same effect as though the person personally appeared in court. Upon acceptance of the admission, the court may order any of the sanctions permitted under section 907.
    (3) If the person wishes to admit responsibility for the civil infraction "with explanation", the person may do so in either of the following ways:
    (a) By appearing by mail.
    (b) By contacting the court in person, by mail, by telephone, or by representation to obtain from the court a scheduled date and time to appear, at which time the person shall appear in person or by representation.
    (4) If a person admits responsibility for a civil infraction "with explanation" under subsection (3), the court shall accept the admission as though the person has admitted responsibility under subsection (2) and may consider the person's explanation by way of mitigating any sanction which the court may order under section 907. If appearance is made by representation or mail, the court may accept the admission with the same effect as though the person personally appeared in court, but the court may require the person to provide a further explanation or to appear in court.
    (5) If the person wishes to deny responsibility for a civil infraction, the person shall do so by appearing for an informal or formal hearing. Unless the hearing date is specified on the citation, the person shall contact the court in person, by representation, by mail, or by telephone, and obtain a scheduled date and time to appear for an informal or formal hearing. The court shall schedule an informal hearing, unless the person expressly requests a formal hearing. If the hearing date is specified on the citation, the person shall appear on that date for an informal hearing unless the person contacts the court at least 10 days before that date in person, by representation, by mail, or by telephone to request a formal hearing. If the person expressly requests a formal hearing, the court shall schedule a formal hearing. If a hearing is scheduled by telephone, the court shall mail the defendant a confirming notice of that hearing by regular mail to the address appearing on the citation or to an address which may be furnished by the defendant. An informal hearing shall be conducted pursuant to section 746 and a formal hearing shall be conducted pursuant to section 747.


History: Add. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1979, Act 66, Eff. Aug. 1, 1979





257.746 Informal hearing; procedure.

Sec. 746.

    (1) An informal hearing shall be conducted by a district court magistrate when authorized by the judge or judges of the district court district or by a judge of a court listed in section 741(2). A district court magistrate may administer oaths, examine witnesses, and make findings of fact and conclusions of law at an informal hearing. The judge or district court magistrate shall conduct the informal hearing in an informal manner so as to do substantial justice according to the rules of substantive law but shall not be bound by the statutory provisions or rules of practice, procedure, pleading, or evidence, except provisions relating to privileged communications. There shall not be a jury at an informal hearing. A verbatim record of an informal hearing shall not be required.
    (2) At an informal hearing the person cited may not be represented by an attorney nor may the plaintiff be represented by the prosecuting attorney or attorney for a political subdivision.
    (3) Notice of a scheduled informal hearing shall be given to the citing police agency, which agency may subpoena witnesses for the plaintiff. The defendant may also subpoena witnesses. Witness fees need not be paid in advance to a witness. Witness fees for a witness on behalf of the plaintiff are payable by the district control unit of the district court for the place where the hearing occurs, by the city or village when the hearing involves an ordinance violation in a district where the district court is not functioning, or by the county when the hearing involves a violation of this act in a district where the district court is not functioning.
    (4) If the judge or district court magistrate determines by a preponderance of the evidence that the person cited is responsible for a civil infraction, the judge or magistrate shall enter an order against the person as provided in section 907. Otherwise, a judgment shall be entered for the defendant, but the defendant shall not be entitled to costs of the action.
    (5) The plaintiff and defendant shall be entitled to appeal an adverse judgment entered at an informal hearing. An appeal from a municipal judge shall be a trial de novo in the circuit court. In other instances an appeal shall be de novo in the form of a scheduled formal hearing as follows:
    (a) The appeal from a judge of the district court shall be heard by a different judge of the district.
    (b) The appeal from a district court magistrate shall be heard by a judge of the district.


History: Add. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1979, Act 66, Eff. Aug. 1, 1979 ;-- Am. 1980, Act 426, Imd. Eff. Jan. 13, 1981 ;-- Am. 2006, Act 298, Imd. Eff. July 20, 2006





257.747 Formal hearing; procedure.

Sec. 747.

    (1) A formal hearing shall be conducted only by a judge of a court having jurisdiction over civil infraction actions under section 741(2).
    (2) In a formal hearing the person cited may be represented by an attorney, but is not entitled to appointed counsel at public expense.
    (3) Notice of a formal hearing shall be given to the prosecuting attorney or attorney for the political subdivision who represents the plaintiff. That attorney shall appear in court for a formal hearing and that attorney shall be responsible for the issuance of a subpoena to each witness for the plaintiff. The defendant may also subpoena witnesses. Witness fees need not be paid in advance to a witness. Witness fees for a witness on behalf of the plaintiff are payable by the district control unit of the district court for the place where the hearing occurs, by the city or village when the hearing involves an ordinance violation in a district where the district court is not functioning, or by the county when the hearing involves a violation of this act in a district where the district court is not functioning.
    (4) There shall not be a jury trial in a formal hearing.
    (5) If the judge determines by a preponderance of the evidence that the person cited is responsible for a civil infraction, the judge shall enter an order against the person as provided in section 907. Otherwise, a judgment shall be entered for the defendant, but the defendant shall not be entitled to costs of the action.


History: Add. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1979, Act 66, Eff. Aug. 1, 1979 ;-- Am. 1980, Act 426, Imd. Eff. Jan. 13, 1981





257.748 Default judgment; suspension of license.

Sec. 748.

     If the person to whom a citation is issued for a civil infraction fails to appear as directed by the citation or other notice, at a scheduled appearance under section 745(3)(b) or (4), at a scheduled informal hearing, or at a scheduled formal hearing, the court shall enter a default judgment against that person and the person's license shall be suspended pursuant to section 321a until that person appears in court and all matters pertaining to the violation are resolved or until the default judgment is set aside.


History: Add. 1978, Act 510, Eff. Aug. 1, 1979





257.749 Stopping nonresident for civil infraction; release personal recognizance; immediate hearing before magistrate; failure to appear; default judgment.

Sec. 749.

    (1) When a nonresident is stopped under section 742 for a civil infraction, the police officer making the stop shall issue to that person a citation as provided in sections 727c and 742.
    (2) The officer shall release the nonresident upon his or her personal recognizance.
    (3) If a magistrate is available for an immediate appearance, upon demand of the person stopped, the officer immediately shall take the nonresident driver before the magistrate to answer to the civil infraction alleged. If the nonresident defendant requests a formal hearing, the hearing shall be scheduled as provided in section 747. .
    (4) If the person who is released upon his or her personal recognizance as provided in subsection (2) fails to appear as required in the citation or for a scheduled formal hearing, the court having jurisdiction and venue over the civil infraction shall enter a default judgment against the person.


History: Add. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1984, Act 331, Imd. Eff. Dec. 26, 1984 ;-- Am. 2008, Act 7, Imd. Eff. Feb. 15, 2008 ;-- Am. 2018, Act 566, Eff. Mar. 28, 2019





257.750 Issuance of citations; number as factor in evaluation of police officer's performance prohibited; applicability of MCL 257.901; fees prohibited; violation of MCL 257.749 as misconduct in office; removal.

Sec. 750.

    (1) A police officer shall not be required to issue a predetermined or specified number of citations for violations of this act or of local ordinances substantially corresponding to provisions of this act, including parking or standing violations. A police officer's performance evaluation system shall not require a predetermined or specified number of citations to be issued. Section 901 does not apply to a violation of this subsection.
    (2) A police officer shall not be entitled to any fees for issuing a citation. A police officer, judge, district court magistrate, or other person employed by the state or by a local governmental unit who violates section 749 or this subsection is guilty of misconduct in office and subject to removal from office.


History: Add. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1988, Act 446, Imd. Eff. Dec. 27, 1988 ;-- Am. 2010, Act 226, Imd. Eff. Dec. 10, 2010



Rendered 8/15/2025 8:05 AM
Michigan Compiled Laws Complete Through PA 5 of 2025
Courtesy of legislature.mi.gov