SB-0702, As Passed House, December 13, 2016
SB-0702, As Passed Senate, April 12, 2016
January 13, 2016, Introduced by Senator CASPERSON 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 2008 PA 539.
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 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 provision of this chapter governing size, weight, and
load do not apply to a fire apparatus, to an implement of
husbandry, a boat lift or oversized hydraulic boat trailer owned
and operated by a marina or watercraft dealer used exclusively in a
commercial boat storage operation and 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, 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 that exceeds
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 that exceeds 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) For a combination of disabled vehicles, the wrecker is
issued a special permit under section 725 by the state
transportation
department. if each trip beginning from the place of
original
disablement of the combination of disabled vehicles is 25
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 combination of vehicles
may
be 50 miles or less. The special
permit is valid for the entire
towing
distance, set forth in this subdivision, and the
operator of
the wrecker may remove the disabled vehicles from the roadway at
any lawful point of his or her choosing within that distance.
(c) For a single disabled vehicle, the wrecker is issued a
special permit under section 725 by the state transportation
department for the transport of the disabled vehicle. A wrecker
operator is not subject to mileage limitations for a special permit
issued for purposes of this subdivision.
(d) 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)(d) is responsible for a civil infraction and
shall pay a civil fine of not less than $250.00 or more than
$500.00. The civil fine imposed under this subsection is in
addition to any fine that may be imposed under section 724 or 725.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.