SB-1257, As Passed House, December 13, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1257

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 716 (MCL 257.716), as amended by 1998 PA 427.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     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  shall be

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 provisions of this chapter governing size, weight, and

load  shall  do not apply to a fire apparatus, to an implement of

husbandry 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,  pursuant to  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  which  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  which  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)  The  For a combination of disabled vehicles, the wrecker

is issued  an extended restricted  a special permit under section

725 by the state transportation department if each trip beginning

from the place of original disablement of the  disabled vehicle or

combination of disabled vehicles is 25 miles or less except that,

for each trip that begins and ends north of a line between

Ludington and Pinconning, the trip beginning from the place of

original disablement of the  disabled vehicle or combination of

vehicles may be 50 miles or less. The special permit is valid for

the entire towing distance set forth in this subdivision, 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)  (c) 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)(c)  (4)(d) is responsible for a civil

infraction and shall pay a civil fine of not less than $250.00  but

not  or more than $500.00. The civil fine imposed  by  under this

subsection is in addition to any fine that may be imposed under

section 724 or 725.