Senate Introduced Bill B01094

SENATE BILL No. 1094

February 7, 2002, Introduced by Senators SCHWARZ and BULLARD and referred to the

Committee on Transportation and Tourism.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 720 (MCL 257.720), as amended by 1996

PA 136.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 720. (1) A person shall not drive or move a vehicle on

2 a highway unless the vehicle is so constructed or loaded as to

3 prevent its contents from dropping, sifting, leaking, blowing

4 off, or otherwise escaping from the vehicle. This requirement

5 does not apply to a vehicle transporting agricultural or horti-

6 cultural products when hay, straw, silage, or residue from a pro-

7 duct, but not including the product itself, or when materials

8 such as water used to preserve and handle agricultural or

9 horticultural products while in transportation, escape from the

10 vehicle in an amount that does not interfere with other traffic

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1 on the highway. The tailgate, faucets, and taps on a vehicle

2 shall be securely closed to prevent spillage during transporta-

3 tion whether the vehicle is loaded or empty, and the vehicle

4 shall not have any holes or cracks through which material can

5 escape. Any highway maintenance vehicle engaged in either ice or

6 snow removal shall be exempt from this section.

7 (2) Actual spillage of material on the highway or proof of

8 that spillage is not necessary to prove a violation of this

9 section.

10 (3) A vehicle carrying a load, other than logs or tubular

11 products, which is not completely enclosed shall meet either of

12 the following requirements:

13 (a) Have the load covered with firmly secured canvas or a

14 similar type of covering. A device used to comply with the the

15 requirement of this subdivision shall not exceed a width of 108

16 inches nor by design or use have the capability to carry cargo by

17 itself.

18 (b) Have the load securely fastened to the body or the frame

19 of the vehicle with binders of adequate number and of adequate

20 breaking strength to prevent the dropping off or shifting of the

21 load.

22 (4) A company or individual who loads or unloads a vehicle

23 or causes it to be loaded or unloaded, with knowledge that it is

24 to be driven on a public highway, in a manner so as to cause a

25 violation of subsection (1) shall be prima facie liable for a

26 violation of this section.

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1 (5) A person shall not operate a motor vehicle carrying logs

2 or tubular products on a highway unless the following conditions

3 are met:

4 (a) If the logs or tubular products are loaded crosswise or

5 at right angles to the side of the vehicle, the load of logs or

6 tubular products shall be securely fastened to the body or frame

7 of the vehicle with not less than 2 binders which are secured to

8 the frame at each end of the load and pass over the load so that

9 the frame and binders completely encircle the load.

10 (b) If the vehicle is a truck or trailer carrying logs which

11 has a loading surface more than 33 feet in length and the logs

12 are loaded crosswise or at right angles to the side of the vehi-

13 cle, the vehicle shall be equipped with a center partition

14 located approximately 1/2 the distance from the front to the rear

15 of the loading surface of the truck or trailer. The center par-

16 tition shall be either a center mounted hydraulic loader or a

17 center set of stakes and shall be pinned, bolted, or otherwise

18 securely fastened to the frame. The load shall be secured as

19 required by subdivision (a) and, in addition, the 2 lengthwise

20 tie downs shall be attached or threaded through the center parti-

21 tion at a level not less than 1 foot below the load height.

22 (c) If the logs or tubular products are loaded lengthwise of

23 the vehicle, obliquely or parallel to the sides, with metal

24 stakes and pockets, the load of logs or tubular products shall be

25 secured as follows:

26 (i) With 2 tie downs from frame to frame for every tier.

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1 (ii) So that not more than 1/2 the diameter of the top log

2 or tubular product extends higher than the stake tops.

3 (iii) With 2 cross chains per tier if the load extends more

4 than 5 feet above the loading surface.

5 (iv) So that every 10 linear feet has not less than 1 tie

6 down from frame to frame.

7 (d) If the logs or tubular products are loaded lengthwise of

8 the vehicle, obliquely or parallel to the sides, with permanent

9 metal gusseted bunks, the load of logs or tubular products shall

10 be secured as follows:

11 (i) With 2 tie downs from frame to frame for every tier.

12 (ii) So that not more than 1/2 the diameter of the top log

13 extends higher than the stake tops.

14 (iii) So that every 10 linear feet has not less than 1 tie

15 down from frame to frame.

16 (e) The tie downs, cross chains, stakes, and other materials

17 used to secure loads of logs or tubular products as required

18 under subdivisions (a) to (d) shall meet the following minimum

19 requirements:

20 (i) Chain shall be of steel and shall be of a strength not

21 less than 5/16 inch in diameter "transport", which is embossed

22 with a grade stamp representative of grade 70, or not less than

23 3/8 inch in diameter "high test", which is embossed with a grade

24 stamp representative of grade 40. Chain shall not be repaired by

25 welding, wire, or cold shuts.

26 (ii) Wire rope shall be of improved plow steel and not less

27 than 3/8 inch in diameter.

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1 (iii) Webbing strap shall be not less than 3 inches in width

2 and shall have a minimum breaking strength of 14,000 pounds.

3 (iv) Metal stakes shall be of sufficient strength to hold

4 and contain the load.

5 (v) Connecting links and hooks shall be at least as strong

6 as the tie down material used.

7 (6) Subsection (3) shall not apply to a person operating a

8 vehicle to transport agricultural commodities or to a person

9 operating a farm truck or implement of husbandry transporting

10 sand, gravel, and dirt necessary in the normal operation of a

11 farm. However, a person operating a vehicle to transport agri-

12 cultural commodities or sand, gravel, and dirt in the normal

13 operation of the farm who violates subsection (1) or (4) is

14 guilty of a misdemeanor and ~~shall be~~ IS subject to the penal-

15 ties prescribed in subsection ~~(9)~~ (10).

16 (7) Subsection (3)(a) shall not apply to a motor vehicle

17 transporting items of a load which because of their weight will

18 not fall off the moving vehicle and which have their centers of

19 gravity located at least 6 inches below the top of the enclosure

20 nor to a motor vehicle carrying metal which because of its weight

21 and density is so loaded as to prevent it from dropping or fall-

22 ing off the moving vehicle.

23 (8) Subsection (3)(a) shall not apply to motor vehicles and

24 other equipment engaged in work upon the surface of a highway or

25 street in a designated work area.

26 (9) A PERSON SHALL NOT DRIVE OR MOVE A VEHICLE ON A HIGHWAY

27 EQUIPPED WITH A FRONT LOADING DEVICE OR BOOM THAT EXTENDS BEYOND

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1 THE FRONT BUMPER OF THE VEHICLE IF THE TANG CONNECTED TO THE

2 LOADING DEVICE OR BOOM IS IN A HORIZONTAL POSITION TO THE

3 HIGHWAY.

4 (10) ~~(9)~~ A person who violates this section is guilty of a

5 misdemeanor punishable by a fine of not more than $500.00 or

6 imprisonment for not more than 90 days, or both.

7 (11) ~~(10)~~ As used in this section:

8 (a) "Cross chain" means a chain which extends through the

9 load of logs or tubular products and is connected at each end to

10 a side stake.

11 (b) "Logs" means sawlogs, pulpwood, or tree length poles.

12 (c) "Tie down" means a high strength material which is used

13 to secure the load of logs or tubular products to the frame or

14 the bed of the vehicle.

15 (d) "Tier" means a vertical pile or stack of logs or tubular

16 products.

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