Senate Introduced Bill 46






















SENATE BILL NO. 46


   January 26, 1999, Introduced by Senator STILLE and referred 
        to the Committee on Farming, Agribusiness and Food 
        Systems.



        A bill to amend 1949 PA 300, entitled

   "Michigan vehicle code,"

   by amending section 722 (MCL 257.722), as amended by 1993 PA 22.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 722.  (1) The maximum axle load shall not exceed the

 2    number of pounds designated in the following provisions 
             which 

 3    THAT prescribe the distance between axles:

 4         (a)  When  IF the axle spacing is 9 feet or
             more between

 5    axles, the maximum axle load shall not exceed 18,000 pounds for

 6    vehicles equipped with high pressure pneumatic or balloon tires.

 7         (b)  When  IF the axle spacing is less than 9
             feet between 2

 8    axles but more than 3-1/2 feet, the maximum axle load shall not

 9    exceed 13,000 pounds for high pressure pneumatic or balloon

10    tires.




   00139'99                                                 TLG
           
                                   2

 1         (c)  When  IF THE axles are spaced less than
             3-1/2 feet

 2    apart, the maximum axle load shall not exceed 9,000 pounds per

 3    axle.

 4         (d) Subdivisions (a), (b), and (c) shall be known as the

 5    normal loading maximum.

 6         (2) When normal loading is in effect, the state transporta-

 7    tion department,  and  OR A local 
             authorities  AUTHORITY with

 8    respect to highways under  their  ITS jurisdiction,
             may designate

 9    certain highways, or sections of those highways, where bridges

10    and road surfaces are adequate for heavier loading,  which
              AND

11    REVISE A designation  may be revised  as needed, on
             which the

12    maximum tandem axle assembly loading shall not exceed 16,000

13    pounds for any axle of the assembly, if there is no other axle

14    within 9 feet of any axle of the assembly.

15         (3) Except as provided in subsection  (8) 
             (9), on a legal

16    combination of vehicles, only 1 tandem axle assembly shall be

17    permitted on the designated highways at the gross permissible

18    weight of 16,000 pounds per axle, if there is no other axle

19    within 9 feet of any axle of the assembly, and if no other tandem

20    axle assembly in the combination of vehicles exceeds a gross

21    weight of 13,000 pounds per axle.  When the maximum gross weight

22    of a combination of vehicles with load does not exceed 73,280

23    pounds, 2 tandem axle assemblies shall be permitted on the desig-

24    nated highways at a gross permissible weight of 16,000 pounds per

25    axle, if there is no other axle within 9 feet of any axle of the

26    assembly.  HOWEVER, THE LOADING MAXIMUMS AND GROSS VEHICLE WEIGHT

27    REQUIREMENTS UNDER SUBSECTION (9) SHALL APPLY FOR A DISTANCE OF



   00139'99

                                   3

 1    NOT MORE THAN 10 MILES FROM A DESIGNATED HIGHWAY OR INTERSTATE

 2    HIGHWAY FOR THE PURPOSE OF PICKUP OR DELIVERY OF AN AGRICULTURAL

 3    COMMODITY.

 4         (4) The normal size of tires shall be the rated size as pub-

 5    lished by the manufacturers, and the maximum wheel load permissi-

 6    ble for any wheel shall not exceed 700 pounds per inch of width

 7    of tire.

 8         (5)  During  EXCEPT AS PROVIDED IN SUBSECTION
             (6), DURING

 9    the months of March, April, and May in each year, the maximum

10    axle load allowable on concrete pavements  ,  or
             pavements with a

11    concrete base  ,  shall be reduced by 25% from the
             maximum axle

12    load as specified in this chapter, and the maximum axle loads

13    allowable on all other types of roads during these months shall

14    be reduced by 35% from the maximum axle loads as specified.  The

15    maximum wheel load shall not exceed 525 pounds per inch of tire

16    width on concrete and concrete base or 450 pounds per inch of

17    tire width on all other roads during the period the seasonal road

18    restrictions are in effect.

19         (6)  Upon receipt of a written application and good
             cause

20     being shown, the  THE state transportation
                       department  ,  for

21    roads under  their  ITS jurisdiction  ,
              MAY GRANT and A county

22    road  commissions,  COMMISSION for roads under
              their  ITS juris-

23    diction  , may permit  SHALL GRANT exemptions from
             seasonal

24    weight restrictions for  milk  THE HAULING OF
             AGRICULTURAL

25    COMMODITIES on specified routes when requested IN WRITING.

26     Approval or denial of a request for an exemption shall be
             given

27     by written notice to the applicant within 30 days after the
                       date



   00139'99

                                   4

 1    of submission of the application.  If a request is denied,
             the

 2     written notice shall state the reason for denial and
                       alternate

 3     routes for which the permit may be issued.  The applicant
                       shall

 4     have the right to appeal to the state transportation
                       commission

 5     or the county road commission.  These exemptions shall not
                       apply

 6     on county roads in counties which have negotiated agreements
                       with

 7     milk haulers, or haulers of other commodities, during
                       periods of

 8     seasonal load limits in years prior to the effective date of
                       this

 9     1993 amendatory act.  This 1993 amendatory act shall not
                       limit

10     the ability of these counties to continue to negotiate such

11     agreements.  AS USED IN THIS SECTION, "AGRICULTURAL
                       COMMODITIES"

12    MEANS "FARM PRODUCTS" AS THAT TERM IS DEFINED IN SECTION 2 OF THE

13    MICHIGAN RIGHT TO FARM ACT, 1981 PA 93, MCL 286.472, FERTILIZER,

14    FARMING EQUIPMENT, AND FUEL.  HOWEVER, AGRICULTURAL COMMODITIES

15    DO NOT INCLUDE TREES AND TIMBER.

16         (7)  (6)  The state transportation department,
             or local

17    authority with respect to highways under its jurisdiction, may IN

18    ITS DISCRETION suspend the restrictions imposed by this section

19    when and where  , in its discretion,  conditions of
             the highways

20    or the public health, safety, and welfare  so 
             warrant

21    SUSPENSION, and  may  impose the restricted loading
             requirements

22    of this section on designated highways at any other time that the

23    conditions of the highway  may  require.

24         (8)  (7)  For the purpose of enforcement of
             this act, the

25    gross vehicle weight of a single vehicle and load or a combina-

26    tion of vehicles and loads, shall be determined by weighing

27    individual axles or groups of axles, and the total weight on all



   00139'99

                                   5

 1    the axles shall be the gross vehicle weight.  In addition, the

 2    gross axle weight shall be determined by weighing individual

 3    axles or by weighing a group of axles and dividing the gross

 4    weight of the group of axles by the number of axles in the

 5    group.  Pursuant to subsection  (8)  (9), the
             overall gross

 6    weight on a group of 2 or more axles shall be determined by

 7    weighing individual axles or several axles, and the total weight

 8    of all the axles in the group shall be the overall gross weight

 9    of the group.

10         (9)  (8)  The loading maximum in this
             subsection  shall

11     apply  APPLIES to interstate highways, and the
                       state transporta-

12    tion department, or a local authority with respect to highways

13    under its jurisdiction, may designate a highway, or a section of

14    a highway, for the operation of vehicles having a gross vehicle

15    weight of not more than 80,000 pounds  which  THAT
             are subject to

16    the following load maximums:

17         (a) Twenty thousand pounds on any 1 axle, including all

18    enforcement tolerances.

19         (b) A tandem axle weight of 34,000 pounds, including all

20    enforcement tolerances.

21         (c) An overall gross weight on a group of 2 or more consecu-

22    tive axles equaling:

23     

24                       W = 500    /LN  + 12N + 36\
25                                  \N-1           /
26    where W = overall gross weight on a group of 2 or more consecu-

27    tive axles to the nearest 500 pounds, L = distance in feet

28    between the extreme of a group of 2 or more consecutive axles,



   00139'99

                                   6

 1    and N = number of axles in the group under consideration; except

 2    that 2 consecutive sets of tandem axles may carry a gross load of

 3    34,000 pounds each if the first and last axles of the consecutive

 4    sets of tandem axles are not less than 36 feet apart.  The gross

 5    vehicle weight shall not exceed 80,000 pounds including all

 6    enforcement tolerances.  Except for 5 axle truck tractor, semi-

 7    trailer combinations having 2 consecutive sets of tandem axles,

 8    vehicles having a gross weight in excess of 80,000 pounds or in

 9    excess of the vehicle gross weight determined by application of

10    the formula in this subsection shall be subject to the maximum

11    axle loads of subsections (1), (2), and (3).  As used in this

12    subsection, "tandem axle weight" means the total weight transmit-

13    ted to the road by 2 or more consecutive axles, the centers of

14    which may be included between parallel transverse vertical planes

15    spaced more than 40 inches  ,  but not more than 96
             inches  , 

16    apart, extending across the full width of the vehicle.

























   00139'99          Final page.                            TLG