May 9, 2006, Introduced by Senators SANBORN and KUIPERS and referred to the Committee on Transportation.
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
exceeds
that exceed 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
exceeds
that exceed 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 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 50 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 50 100
miles or less.
(c) For a disabled vehicle, the wrecker is issued an extended
restricted permit under section 725 by the state transportation
department for the transport of the disabled vehicle.
(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 this
subsection is in addition to any fine that may be imposed under
section 724 or 725.