SENATE BILL No. 746

 

 

August 19, 2009, Introduced by Senator BARCIA and referred to the Committee on Transportation.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 719a (MCL 257.719a), as amended by 2009 PA 32.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 719a. (1) Notwithstanding any other provisions of this

 

act, a person shall not operate a towing vehicle to which a mobile

 

home or park model trailer is attached on a street or highway if

 

that mobile home or park model trailer is more than 45 feet in

 

length or more than 60 feet in length when combined with the towing

 

vehicle, is more than 12-1/2 feet in height, and has an actual body

 

width of more than 102 inches at base rail, unless that person

 

possesses either of the following:

 

     (a) A permit issued by the jurisdictional authority under this

 

section.


 

     (b) A special permit issued by the jurisdictional authority

 

under section 725.

 

     (2) A jurisdictional authority may issue to a mobile home or

 

park model trailer transport company, a mobile home or park model

 

trailer manufacturer, or a mobile home or park model trailer dealer

 

an annual permit to move on a street or highway, in the ordinary

 

course of that company's, manufacturer's, or dealer's business, a

 

mobile home or park model trailer that conforms to each of the

 

following:

 

     (a) The mobile home or park model trailer is not more than 12

 

feet wide.

 

     (b) The actual body length of the mobile home or park model

 

trailer is not more than 80 feet and the combined length of the

 

mobile home or park model trailer and towing vehicle is not more

 

than 105 feet or the total length of a combination of mobile homes

 

or park model trailers is not more than 80 feet and the total

 

length of a combination of mobile homes or park model trailers and

 

towing vehicle is not more than 105 feet.

 

     (3) A jurisdictional authority under section 725 may issue a

 

special permit for the movement of a mobile home or park model

 

trailer on a street or highway within its jurisdiction if the width

 

of that mobile home or park model trailer conforms to both of the

 

following:

 

     (a) The mobile home or park model trailer is not more than 16

 

feet wide plus normal appurtenances or eaves that extend not more

 

than 6 inches from any side of the mobile home or park model

 

trailer.


 

     (b) The length of the mobile home or park model trailer

 

complies with subsection (2)(b).

 

     (4) A person operating a towing vehicle under subsection (3)

 

shall transport a mobile home or park model trailer only on the

 

lane farthest to the right of that person. A person shall not move

 

a mobile home or park model trailer that is 14 or more feet in

 

width including an eave of 2 feet when the wind velocity exceeds 25

 

miles per hour.

 

     (5) A jurisdictional authority shall not issue a permit

 

described in subsection (2) or (3) for the transport of a mobile

 

home or park model trailer on a Saturday, Sunday, legal holiday,

 

from the noon before until the noon after a holiday, or during the

 

hours between sunset and sunrise.

 

     (6) A jurisdictional authority shall provide and a person

 

operating a towing vehicle shall comply with all of the following

 

in a permit issued under this section:

 

     (a) The date, day, and time period during which a mobile home

 

or park model trailer subject to the permit may be moved on a

 

highway.

 

     (b) Notice that the permit is conditioned upon its holder's

 

compliance with the permit's terms and with the law.

 

     (c) Notice that the operator of a towing vehicle transporting

 

the mobile home or park model trailer shall operate the towing

 

vehicle on a highway as follows:

 

     (i) At a safe speed and in a safe manner that will not impede

 

motor traffic.

 

     (ii) Only when the surface condition of the highway is not


 

slippery.

 

     (iii) In compliance with seasonal load restrictions.

 

     (d) For a mobile home or park model trailer and towing vehicle

 

that, when combined, are more than 80 feet in length or more than

 

12 feet wide, all of the following:

 

     (i) Notice that the mobile home or park model trailer shall be

 

equipped with 2 flashing amber lights on the rear of the mobile

 

home or park model trailer and 1 flashing amber light on the top of

 

the towing vehicle.

 

     (ii) Notice that the mobile home or park model trailer shall be

 

equipped with stop lights and directional lights on the rear of the

 

mobile home or park model trailer.

 

     (iii) Notice that signs with the words "oversize load" shall be

 

displayed on the front bumper of the towing vehicle and the back of

 

the mobile home or park model trailer or, in the case of mobile

 

homes or park model trailers that are 16 feet wide, notice that

 

signs with the words "16-ft wide load" shall be displayed on the

 

front bumper of the towing vehicle and the back of the mobile home

 

or park model trailer.

 

     (iv) Notice that the signs identified in subparagraph (iii) shall

 

be of durable material, in good condition, with black lettering on

 

interstate yellow background, and that each letter shall be of

 

block lettering not less than 12 inches high at the front and not

 

less than 16 inches high at the rear of the unit.

 

     (v) Notice that a vehicle escort is required on those roads

 

where the state police consider escort vehicles necessary for

 

highway safety.


 

     (7) Signs and other special identification for escort vehicles

 

shall conform to state transportation department requirements for

 

all escort vehicles for oversized loads not be required, but each

 

escort vehicle shall be equipped with and use a flashing, rotating,

 

or oscillating amber light when escorting a vehicle under this

 

section.

 

     (8) For a mobile home or park model trailer being moved

 

pursuant to this section or section 725, the distance between

 

mobile home or park model trailer axle centers shall not be less

 

than 34 inches. The axles and tires shall meet standards

 

established by the state transportation department.

 

     (9) This section does not grant or give authority to the state

 

transportation department that did not exist on May 1, 1982, in

 

accordance with 23 USC 127.

 

     (10) A person that violates this section is responsible for a

 

civil infraction and may be assessed a civil fine of not more than

 

$500.00. The owner of the towing vehicle may be charged with a

 

violation of this section.

 

     (11) The state transportation commission may order the state

 

transportation department to immediately cease issuing all special

 

permits to move on the highways of the lower peninsula of this

 

state a mobile home or park model trailer that is more than 14-1/3

 

feet wide plus normal appurtenances that extend no more than 6

 

inches, and an eave that extends no more than 2 feet from the width

 

of that mobile home or park model trailer if the state

 

transportation commission makes a determination that those permits

 

create an unreasonable safety hazard or hazards. The state


 

transportation commission shall notify all other jurisdictional

 

authorities of a determination made under this subsection. The

 

order shall not prohibit the issuance of a special permit for the

 

movement of a mobile home or park model trailer if a binding

 

contract for the movement of that mobile home or park model trailer

 

was executed before the commission determination of an unreasonable

 

safety hazard or hazards.

 

     (12) As used in this section:

 

     (a) "Jurisdictional authority" means the state transportation

 

department, a county road commission, or a local authority that has

 

jurisdiction over a street or highway on which a mobile home is

 

proposed to be moved.

 

     (b) "Mobile home" means any of the following:

 

     (i) A prebuilt housing module.

 

     (ii) That term as defined in section 2 of the mobile home

 

commission act, 1987 PA 96, MCL 125.2302.

 

     (iii) A section of a mobile home as that term is defined in

 

subparagraph (ii).