FINES FOR OVERWEIGHT VEHICLES                                                                H.B. 4142:

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 4142 (as reported without amendment)

Sponsor:  Representative Ken Goike

House Committee:  Transportation and Infrastructure

Senate Committee:  Transportation

CONTENT

The bill would amend the Michigan Vehicle Code to do the following:

-- Require, rather than permit, the court to impose a misload fine of $200 per axle, if an overweight vehicle or vehicle combination would be lawful by proper distribution of the load but one or more axles exceeded the maximum weight by more than 1,000 but less than 4,000 pounds.

-- Require the court to impose a per-pound fine for pounds exceeding the permitted axle weight under a special permit, if the court determined that a vehicle or vehicle combination would meet specified loading restrictions by a proper distribution of the load, but one of the axles exceeded the permitted weight by more than 1,000 pounds.

-- Revise a provision requiring a per-pound fine to be imposed if the court determines that a vehicle or vehicle combination would be lawful by a proper distribution of the load, but at least one axle exceeded the permitted axle weight by more than 4,000 pounds, to refer to between 4,000 and 8,000 pounds and require a misload fine of $400 per axle, up to three axles.

-- Require the court to impose a fine according to the per-pound schedule, if a vehicle or vehicle combination would be lawful by a proper distribution of the load, but at least one axle exceeded the permitted weight by more than 8,000 pounds.

Under the Code, a vehicle owner, a lessee of the vehicle of an owner-operator, or another person, who causes or allows a vehicle to be loaded and driven or moved on a highway when the weight of the vehicle violates maximum axle loads, is responsible for a civil infraction and must pay a civil fine according to a per-pound schedule.

MCL 257.724                                                           Legislative Analyst:  Drew Krogulecki

FISCAL IMPACT

The bill would have no fiscal impact on the State and an indeterminate fiscal impact on local government. It is unknown whether the changes in the bill would lead to more or less civil fine revenue. An increase in fine revenue would be dedicated to public libraries. Conversely, a decrease in fine revenue would reduce funding to public libraries.

Date Completed:  12-13-16                                                  Fiscal Analyst:  Ryan Bergan

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.