HOUSE BILL No. 4442 March 24, 1999, Introduced by Reps. Basham, O'Neil, Hardman, Reeves, Dennis, Hale and Brater and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 724 (MCL 257.724), as amended by 1988 PA 346. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 724. (1) A police officer or a duly authorized agent 2 of the state transportation department or a county road commis- 3 sion having reason to believe that the weight of a vehicle and 4 load is unlawful may require the driver to stop and submit to a 5 weighing of the vehicle by either portable or stationary scales 6 approved and sealed by the department of agriculture as a legal 7 weighing device, and may require that the vehicle be driven to 8 the nearest weighing station of the state transportation 9 department for the purpose of allowing an officer or agent of the 10 state transportation department or county road commission to 02436'99 TJS 2 1 determine whether the conveyance is loaded in conformity with 2 this chapter. THE STATE TRANSPORTATION DEPARTMENT SHALL ENSURE 3 THAT ADEQUATE STAFF IS MAINTAINED WITHIN THE DEPARTMENT SO THAT 4 WEIGHING STATIONS REMAIN OPEN 24 HOURS EVERY DAY OF THE WEEK. 5 (2) When the officer or agent, upon weighing a vehicle and 6 load, determines that the weight is unlawful, the officer or 7 agent may require the driver to stop the vehicle in a suitable 8 place and remain standing until that portion of the load is 9 shifted or removed as necessary to reduce the gross axle load 10 weight of the vehicle to the limit permitted under this chapter. 11 All material unloaded as provided under this subsection shall be 12 cared for by the owner or operator of the vehicle at the risk of 13 the owner or operator. A judge or magistrate imposing a civil 14 fine and costs under this sectionwhichTHAT are not paid in 15 full immediately or for which a bond is not immediately posted in 16 double the amount of the civil fine and costs shall order the 17 driver or owner to move the vehicle at the driver's own risk to a 18 place of safekeeping within the jurisdiction of the judge or mag- 19 istrate, inform the judge or magistrate in writing of the place 20 of safekeeping, and keep the vehicle until the fine and costs are 21 paid or sufficient bond is furnished or until the judge or magis- 22 trate is satisfied that the fine and costs will be paid. The 23 officer or agent who has determined, after weighing a vehicle and 24 load, that the weight is unlawful, may require the driver to pro- 25 ceed to a judge or magistrate within the county. If the judge or 26 magistrate is satisfied that the probable civil fine and costs 27 will be paid by the owner or lessee, the judge or magistrate may 02436'99 3 1 allow the driver to proceed, after the load is made legal. If 2 the judge or magistrate is not satisfied that the owner or 3 lessee, after a notice and a right to be heard on the merits is 4 given, will pay the amount of the probable civil fine and costs, 5 the judge or magistrate may order the vehicle to be impounded 6 until trial on the merits is completed under conditions set forth 7 in this section for the impounding of vehicles after the civil 8 fine and costs have been imposed. Removal of the vehicle, and 9 forwarding, care, or preservation of the load shall be under the 10 control of and at the risk of the owner or driver. Vehicles 11 impounded shall be subject to a lien, subject to a prior valid 12 bona fide lien of prior record, in the amount of the civil fine 13 and costs and if the civil fine and costs are not paid within 90 14 days after the seizure, the judge or magistrate shall certify the 15 unpaid judgment to the prosecuting attorney of the county in 16 which the violation occurred, who shall proceed to enforce the 17 lien by foreclosure sale in accordance with procedure authorized 18 in the case of chattel mortgage foreclosures. When the duly 19 authorized agent of the state transportation department or county 20 road commission is performing duties under this chapter, the 21 agent shall have all the powers conferred upon peace officers by 22 the general laws of this state. 23 (3) An owner of a vehicle or a lessee of the vehicle of an 24 owner-operator, or other person, who causes or allows a vehicle 25 to be loaded and driven or moved on a highway, when the weight of 26 that vehicle violates section 722 is responsible for a civil 27 infraction and shall pay a civil fine in an amount equal to 3 02436'99 4 1 cents per pound for each pound of excess load over 1,000 pounds 2 when the excess is 2,000 pounds or less; 6 cents per pound of 3 excess load when the excess is over 2,000 pounds but not over 4 3,000 pounds; 9 cents per pound for each pound of excess load 5 when the excess is over 3,000 pounds but not over 4,000 pounds; 6 12 cents per pound for each pound of excess load when the excess 7 is over 4,000 pounds but not over 5,000 pounds; 15 cents per 8 pound for each pound of excess load when the excess is over 5,000 9 pounds but not over 10,000 pounds; and 20 cents per pound for 10 each pound of excess load when the excess is over 10,000 pounds. 11 However, the court shall have discretionary power as to the 12 amount of the civil fine within the schedule provided by this 13 subsection and may impose the civil fine provided in section 14 907(3) for a civil infraction where, at the time of the viola- 15 tion, either the motor vehicle, motor vehicle and semitrailer, or 16 trailer did not exceed the total weightwhichTHAT would be 17 lawful for each unit by a proper distribution of the load upon 18 the various axles supporting each unit. 19 (4) A driver or owner of a vehicle, truck or truck tractor, 20 truck or truck tractor with other vehicles in combination, or 21 special mobile equipment who knowingly fails to stop at or who 22 knowingly bypasses any scales or weighing station is guilty of a 23 misdemeanor. 24 (5) An agent or authorized representative of the state 25 transportation department or a county road commission shall not 26 stop a truck or vehicle in movement upon a road or highway within 27 the state for any purpose, unless the agent or authorized 02436'99 5 1 representative is driving a duly marked vehicle, clearly showing 2 and denoting the branch of government represented. 3 (6) A driver or owner of a vehicle who knowingly fails to 4 stop when requested or ordered to do so by a police officer, or a 5 duly authorized agent of the state transportation department, or 6 a representative or agent of a county road commission, authorized 7 to require the driver to stop and submit to a weighing of the 8 vehicle and load by means of a portable scale, is guilty of a 9 misdemeanor. 02436'99 Final page. TJS