HOUSE BILL No. 5730

 

August 27, 2014, Introduced by Rep. Genetski and referred to the Committee on Local Government.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 726 (MCL 257.726), as amended by 2008 PA 539.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 726. (1) Local authorities and county road commissions

 

with respect to highways under their jurisdiction, except state

 

trunk line highways, by ordinance or resolution, may do any of the

 

following:

 

     (a) Prohibit the operation of trucks or other commercial

 

vehicles on designated highways or streets.

 

     (b) Impose limitations as to the weight of trucks or other

 

commercial vehicles on designated highways or streets.

 

     (c) Provide that only certain highways or streets may be used

 

by trucks or other commercial vehicles.

 


     (2) Any prohibitions, limitations, or truck route designations

 

established under subsection (1) shall be designated by appropriate

 

signs placed on the highways or streets. The design and placement

 

of the signs shall be consistent with the requirements of section

 

608.

 

     (3) If a township has established any prohibition or

 

limitation under subsection (1) on any county primary road that an

 

adjoining township determines diverts traffic onto a border highway

 

or street shared by the township and the adjoining township, the

 

adjoining township may submit a written objection to the county

 

road commission having jurisdiction over the county primary road,

 

along with a copy to the township that established the prohibition

 

or limitation, on or before the later of March 1, 2009, or 60 days

 

after the township approves the prohibition or limitation. The

 

written objection shall explain how the prohibition or limitation

 

diverts traffic onto the border highway or street shared by the

 

township and the adjoining township. The county road commission

 

shall then investigate the objection. The township and adjoining

 

township shall cooperate with that investigation and negotiate in

 

good faith to resolve the objection. If the objection is not

 

resolved within 60 days after the township receives the copy of the

 

written objection, the county road commission has the authority to,

 

and shall, either approve or void the prohibition or limitation

 

that is the subject of the objection within 60 days thereafter,

 

which decision shall be final. For purposes of this subsection,

 

"county primary road" means a highway or street designated as a

 

county primary road pursuant to under 1951 PA 51, MCL 247.671

 


247.651 to 247.675.

 

     (4) Local authorities and county road commissions may, by

 

ordinance or resolution, prohibit the use of compression brakes on

 

those portions of state trunk line highways that fall within their

 

limits and that lie within 200 yards of an area where the posted

 

speed limit is 35 miles per hour. A local authority or county road

 

commission that prohibits the use of compression brakes under this

 

subsection shall indicate that prohibition by appropriate signs

 

placed on the state trunk line highways. The signs shall conform to

 

the requirements of section 608. The cost of erecting signs under

 

this subsection shall be borne equally by the local authority or

 

county road commission where the signs are placed and the state

 

transportation department. As used in this subsection, "compression

 

brakes" means brakes commonly known as "jake brakes".

 

     (5) A person who violates an ordinance or resolution

 

prohibiting the use of compression brakes under subsection (4) is

 

responsible for a civil infraction.

 

     (6) (4) A person who violates a prohibition, limitation, or

 

truck route designation established pursuant to under subsection

 

(1) is responsible for a civil infraction.