SB-0706, As Passed House, December 13, 2016

SB-0706, As Passed Senate, May 24, 2016

SENATE BILL No. 706

January 14, 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 725 (MCL 257.725), as amended by 1998 PA 247.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 725. (1) Upon receipt of a written application and good

cause being shown, a jurisdictional authority may issue a written

special permit authorizing an applicant to operate upon or remove

from a highway maintained by that jurisdictional authority a

vehicle or combination of vehicles that are any of the following:

(a) Of a size, weight, or load exceeding the maximum specified

in this chapter.

(b) Otherwise not in conformity with this chapter.

(2) The application for a special permit shall be on a form

prescribed by the jurisdictional authority and shall specifically

describe the vehicle or vehicles and load to be operated or moved

and the particular highways upon which the special permit to

operate is requested.

(3) A jurisdictional authority may issue a special permit and

charge a fee that does not exceed the administrative costs incurred

authorizing the operation of the following upon a highway:

(a) Traction engines or tractors having movable tracks with

transverse corrugations upon the periphery of those movable tracks

on farm tractors.

(b) Other farm machinery otherwise prohibited under this

chapter.

this chapter that is hauling farm machinery to or from a farm.

(4) A special permit shall specify the trip or trips and date

or dates for which it is valid and the jurisdictional authority

granting the special permit may restrict or prescribe conditions of

operation of a vehicle or vehicles, if necessary, to protect the

safety of the public or to ensure against undue damage to the road

foundations, surfaces, structures, or installations, and may

require a reasonable inspection fee and other security as that

jurisdictional authority determines necessary to compensate for

damages caused by the movement. A special permit may be issued on

an annual basis. Except as otherwise provided in this section, the

fee charged by the state transportation department for an

intrastate or an out-of-state vehicle for a single trip shall be

$50.00 and for multiple trips or on an annual basis shall be

$100.00. Except as otherwise provided in this section, the fee

charged by a jurisdictional authority other than the state

transportation department for an intrastate or an out-of-state

vehicle for a single trip shall be not more than $50.00 and for

multiple trips or on an annual basis shall be not more than

$100.00. Effective October 1, 1998, the fee charged by a

jurisdictional authority other than the state transportation

department for a special permit under this subsection shall be the

fee charged on September 30, 1997. The fee charged by a

jurisdictional authority other than the state transportation

department for a special permit under this subsection may be

increased above the amount charged on September 30, 1997 subject to

the maximums allowed by this subsection subject to a prior public

hearing with reasonable notice. However, the fee charged by a

jurisdictional authority other than the state transportation

department for a special permit under this subsection that is more

than $50.00 for a single trip or that is more than $100.00 for

multiple trips or on an annual basis, or both, on September 30,

1997 shall not be increased.

(5) The fee charged by the state transportation department for

an intrastate or an out-of-state vehicle or combination of vehicles

that exceed the maximum size specified in this chapter but do not

exceed the maximum weight or load specified in this chapter or are

otherwise not in conformity with this chapter shall be $15.00 for a

single trip and $30.00 for multiple trips or on an annual basis.

The fees charged under this subsection may be increased not more

than once each year based on the percentage increase in the United

States consumer price index for all urban consumers for the

Senate Bill No. 706 as amended May 5, 2016

immediately preceding 12-month period rounded to the nearest whole

dollar. This subsection takes effect October 1, 1998.

(6) The fee charged by a jurisdictional authority other than

the state transportation department for an intrastate or an out-of-

state vehicle or combination of vehicles of a size exceeding the

maximum specified in this chapter but not exceeding the maximum

weight or load specified in this chapter shall not exceed the

administrative costs incurred by that jurisdictional authority in

issuing the permit. This subsection takes effect October 1, 1998.

(7) A special permit issued under this section shall be

carried in the vehicle or combination of vehicles to which it

refers and shall be open to inspection by a police officer or

authorized agent of a jurisdictional authority granting the special

permit. A person shall not violate any of the terms or conditions

of the special permit.

(8) A person who violates this section is responsible for a

civil infraction.

(9) A jurisdictional authority issuing a special permit to

move a mobile home under this section and a person who is issued a

special permit to move a mobile home under this section are subject

to section 719a.

(10) Nothing in this section shall be construed to allow a

jurisdictional authority to impose fees upon or enact << >>

regulations regarding a vehicle or combination of vehicles engaged

in silvicultural operations if the vehicle or combination of

vehicles is not in excess of the size, weight, or load maximums

specified in this chapter and is otherwise in conformity with this

chapter. This subsection does not excuse a vehicle or combination

of vehicles engaged in silvicultural operations from the seasonal

weight reductions described in section 722.

(11) ~~(10)~~ As used in this section, "jurisdictional authority"

means the state transportation department, a county road

commission, or a local authority having jurisdiction over a highway

upon which a vehicle is proposed to be moved pursuant to a permit

required under this section.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.