HB-5695, As Passed Senate, May 6, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 5695

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 720 (MCL 257.720), as amended by 2003 PA 142.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

highway unless the vehicle is so constructed or loaded as to

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

or otherwise escaping from the vehicle. This requirement does not

apply to a vehicle transporting agricultural or horticultural

products when hay, straw, silage, or residue from a product, but

not including the product itself, or when materials such as water

used to preserve and handle agricultural or horticultural products

while in transportation, escape from the vehicle in an amount that

does not interfere with other traffic on the highway. The tailgate,

faucets, and taps on a vehicle shall be securely closed to prevent

spillage during transportation whether the vehicle is loaded or

empty, and the vehicle shall not have any holes or cracks through

which material can escape. Any highway maintenance vehicle engaged

in either ice or snow removal shall be exempt from this section.

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

that spillage is not necessary to prove a violation of this

section.

     (3) A Except as provided in this section, a vehicle carrying a

load, other than logs or tubular products, which is not completely

enclosed shall meet either of the following requirements:

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

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

requirement of this subdivision shall not exceed a width of 108

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

itself.

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

of the vehicle with binders of adequate number and of adequate

breaking strength to prevent the dropping off or shifting of the

load.

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

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

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

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

this section.

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

or tubular products on a highway unless the following conditions

are met:

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

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

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

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

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

frame and binders completely encircle the load.

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

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

loaded crosswise or at right angles to the side of the vehicle, the

vehicle shall be equipped with a center partition located

approximately 1/2 the distance from the front to the rear of the

loading surface of the truck or trailer. The center partition shall

be either a center mounted hydraulic loader or a center set of

stakes and shall be pinned, bolted, or otherwise securely fastened

to the frame. The load shall be secured as required by subdivision

(a) and, in addition, the 2 lengthwise tie downs shall be attached

or threaded through the center partition at a level not less than 1

foot below the load height.

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

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

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

as follows:

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

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

tubular product extends higher than the stake tops.

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

5 feet above the loading surface.

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

from frame to frame.

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

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

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

secured as follows:

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

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

extends higher than the stake tops.

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

from frame to frame.

     (e) Subject to subsection (11), if the vehicle is a crib

vehicle and the logs are loaded lengthwise of the vehicle, the logs

shall be loaded and secured as follows:

     (i) The vehicle must have sides, sideboards, or stakes; a front

headboard, bulkhead, or frontgate; and a rear headboard, bulkhead,

or endgate, each of which are strong enough and high enough to

assure that the load will not shift upon or fall from the vehicle.

     (ii) The sides, sideboards, headboard, bulkhead, or front- or

rear-end gate that is in direct contact with the ends of the logs

shall not have an aperture large enough to permit logs to pass

through it.

     (iii) There shall be a minimum of 2 stakes on each side of the

vehicle per tier of logs.

     (iv) Vehicles with permanent steel gusseted bunks do not

require cross chains.

     (v) Vehicles with steel stakes and pockets require cross

chains for each tier if the load extends more than 5 feet above the

loading surface.

     (vi) Three additional lights are required on the upper rear of

the vehicle.

     (vii) Vehicles over 102 inches wide shall have lights placed at

each stake along the longitudinal length of the vehicle.

     (viii) Not more than 1/2 the diameter of the top logs shall

extend higher than the stake tops when loaded.

     (ix) Tie downs are not required if the following loading

procedures are used:

     (A) The distance between a tier of logs and a headboard,

bulkhead, front- or rear-end gate, or another tier of logs does not

allow a log to lose contact with a side stake if a log were to

shift forward or backward.

     (B) Each tier of logs shall be loaded to the same height from

the stake tops to prevent movement.

     (x) One tie down assembly that meets the requirements of this

act and federal regulations is required for each tier of logs under

the following conditions:

     (A) There is a distance large enough between a tier of logs

and a headboard, bulkhead, front- or rear-end gate, or another tier

of logs to allow a log to lose contact with a side stake if a log

were to shift forward or backward.

     (B) Each tier of logs is not loaded to the same height from

the stake tops to prevent movement.

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

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

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

requirements:

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

than 5/16 inch in diameter "transport", which is embossed with a

grade stamp representative of grade 70, or not less than 3/8 inch

in diameter "high test", which is embossed with a grade stamp

representative of grade 40. Chain shall not be repaired by welding,

wire, or cold shuts.

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

than 3/8 inch in diameter.

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

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

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

contain the load.

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

the tie down material used.

(5) (6) Subsection (3) does not apply to a person operating a

vehicle to transport agricultural commodities or to a person

operating a farm truck or implement of husbandry transporting sand,

gravel, and dirt necessary in the normal operation of a farm.

However, a person operating a vehicle to transport agricultural

commodities or sand, gravel, and dirt in the normal operation of

the farm who violates subsection (1) or (4) is guilty of a

misdemeanor and is subject to the penalties prescribed in

subsection (10) (9).

(6) (7) Subsection (3)(a) does not apply to a motor vehicle

transporting items of a load which that because of their weight

will not fall off the moving vehicle and which that have their

centers of gravity located at least 6 inches below the top of the

enclosure nor to a motor vehicle carrying metal which that because

of its weight and density is so loaded as to prevent it from

dropping or falling off the moving vehicle.

(7) (8) Subsection (3)(a) does not apply to motor vehicles and

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

street in a designated work area.

(8) (9) A person shall not drive or move on a highway a

vehicle equipped with a front end loading device with a tine

protruding parallel to the highway beyond the front bumper of the

vehicle unless the tine is carrying a load designed to be carried

by the front end loading device. This subsection does not apply to

a vehicle designed to be used or being used to transport

agricultural commodities, to a vehicle en route to a repair

facility, or to a vehicle engaged in construction activity. As used

in this subsection, "agricultural commodities" means that term as

defined in section 722.

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

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

imprisonment for not more than 90 days, or both.

     (11) Subsection (5)(e) does not apply unless section 127(d) of

title 23 of the United States Code, 23 U.S.C. 127, is amended to

allow crib vehicles carrying logs to be loaded as described in this

section and a waiver of the tiedown requirements under 49 C.F.R.

393.116 is authorized by the United States department of

transportation, federal motor carrier safety administration.

(10) (12) As used in this section, :

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

of logs or tubular products and is connected at each end to a side

stake.

     (b) "Logs" "logs" means sawlogs, pulpwood, or tree length

poles.

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

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

of the vehicle.

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

products.