June 11, 2015, Introduced by Senators HOPGOOD, WARREN, SMITH, BIEDA, GREGORY, KNEZEK, YOUNG, JOHNSON and ANANICH and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 719 and 724 (MCL 257.719 and 257.724), section
719 as amended by 2012 PA 282 and section 724 as amended by 2012 PA
498.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 719. (1) A vehicle unloaded or with load shall not exceed
a height of 13 feet 6 inches. The owner of a vehicle that collides
with a lawfully established bridge or viaduct is liable for all
damage and injury resulting from a collision caused by the height
of the vehicle, whether the clearance of the bridge or viaduct is
posted or not.
(2) Lengths described in this subsection shall be known as the
normal length maximum. Except as provided in subsection (3), the
following vehicles and combinations of vehicles shall not be
operated on a highway in this state in excess of these lengths:
(a) Subject to subsection (8), any single vehicle: 40 feet; a
crib vehicle on which logs are loaded lengthwise of the vehicle:
42.5 feet; any single bus or motor home: 45 feet.
(b) Articulated buses: 65 feet.
(c) Notwithstanding any other provision of this section, a
combination of a truck and semitrailer or trailer, or a truck
tractor, semitrailer, and trailer, or truck tractor and semitrailer
or trailer, designed and used exclusively to transport assembled
motor vehicles or bodies, recreational vehicles, or boats: 65 feet.
A combination of a truck and semitrailer or trailer, or a truck
tractor, semitrailer, and trailer, or a truck tractor and
semitrailer or trailer designed and used to transport boats from
the manufacturer, or a stinger-steered combination: 75 feet. The
load on the combinations of vehicles described in this subdivision
may extend an additional 3 feet beyond the front and 4 feet beyond
the rear of the combinations of vehicles. Retractable extensions
used to support and secure the load that do not extend beyond the
allowable overhang for the front and rear shall not be included in
determining length of a loaded vehicle or vehicle combination.
(d) Truck tractor and semitrailer combinations: no overall
length, the semitrailer: 50 feet.
(e) Truck and semitrailer or trailer: 59 feet.
(f) Except as provided in subdivision (g), truck tractor,
semitrailer, and trailer, or truck tractor and 2 semitrailers: 59
feet.
(g) A truck tractor, semitrailer, and trailer, or a truck
tractor and 2 semitrailers, in which no semitrailer or trailer is
more than 28-1/2 feet long: 65 feet. This subdivision only applies
while the vehicle is being used for a business purpose reasonably
related to picking up or delivering a load and only if each
semitrailer or trailer is equipped with a device or system capable
of mechanically dumping construction materials or dumping
construction materials by force of gravity.
(h) More than 1 motor vehicle, wholly or partially assembled,
in combination, utilizing 1 tow bar or 3 saddle mounts with full
mount mechanisms and utilizing the motive power of 1 of the
vehicles in combination: 55 feet.
(i) A recreational vehicle that has its own motive power, in
combination with a trailer: 65 feet or, if the operator of the
recreational vehicle has a group commercial motor vehicle
designation on his or her operator's or chauffeur's license, 75
feet.
(3) Notwithstanding subsection (2), the following vehicles and
combinations of vehicles shall not be operated on a designated
highway of this state in excess of these lengths:
(a) Truck tractor and semitrailer combinations: no overall
length limit, the semitrailer 53 feet. All semitrailers longer than
50 feet shall have a wheelbase of 37.5 to 40.5 feet plus or minus
0.5 feet, measured from the kingpin coupling to the center of the
rear axle or the center of the rear axle assembly. City, village,
or county authorities may prohibit stops of vehicles with a
semitrailer longer than 50 feet within their jurisdiction unless
the stop occurs along appropriately designated routes, or is
necessary for emergency purposes or to reach shippers, receivers,
warehouses, and terminals along designated routes.
(b) Truck and semitrailer or trailer combinations: 65 feet,
except that a person may operate a truck and semitrailer or trailer
designed and used to transport saw logs, pulpwood, and tree length
poles that does not exceed an overall length of 70 feet or a crib
vehicle and semitrailer or trailer designed and used to transport
saw logs that does not exceed an overall length of 75 feet. A crib
vehicle and semitrailer or trailer designed to and used to
transport saw logs shall not exceed a gross vehicle weight of
164,000 pounds. A person may operate a truck tractor and
semitrailer designed and used to transport saw logs, pulpwood, and
tree length wooden poles with a load overhang to the rear of the
semitrailer which does not exceed 6 feet if the semitrailer does
not exceed 50 feet in length.
(c) Notwithstanding subsection (4)(d), a truck tractor with a
log slasher unit and a log saw unit: no overall limit if the length
of each unit does not exceed 28-1/2 feet, or the overall length of
the log slasher unit and the log saw unit, as measured from the
front of the first towed unit to the rear of the second towed unit
while the units are coupled together, does not exceed 58 feet. The
coupling devices of the truck tractor and units set forth in this
subdivision shall meet the requirements established under the motor
carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25.
(d) Truck tractor and 2 semitrailers, or truck tractor,
semitrailer, and trailer combinations: no overall length limit, if
the length of each semitrailer or trailer does not exceed 28-1/2
feet each, or the overall length of the semitrailer and trailer, or
2 semitrailers as measured from the front of the first towed unit
to the rear of the second towed unit while the units are coupled
together does not exceed 58 feet.
(e) More than 1 motor vehicle, wholly or partially assembled,
in combination, utilizing 1 tow bar or 3 saddle mounts with full
mount mechanisms and utilizing the motive power of 1 of the
vehicles in combination: 75 feet.
(f) Truck tractor and lowboy semitrailer combinations: no
maximum overall length, if the lowboy semitrailer does not exceed
59 feet, except as otherwise permitted under this subdivision. A
lowboy semitrailer wheelbase shall not exceed 55 feet as measured
from the kingpin coupling to the center of the rear axle. A lowboy
semitrailer more than 59 feet in length shall not operate with more
than any combination of 4 axles on the lowboy unless an oversized
load permit is issued by the state transportation department or a
local authority with respect to highways under its jurisdiction. As
used in this subdivision, "lowboy semitrailer" means a flatbed
semitrailer with a depressed section that has the specific purpose
of being lowered and raised for loading and unloading.
(4) The following combinations and movements are prohibited:
(a) A truck shall not haul more than 1 trailer or semitrailer,
and a truck tractor shall not haul more than 2 semitrailers or 1
semitrailer and 1 trailer in combination at any 1 time, except that
a farm tractor may haul 2 wagons or trailers, or garbage and refuse
haulers may, during daylight hours, haul up to 4 trailers for
garbage and refuse collection purposes, not exceeding in any
combination a total length of 55 feet and at a speed limit not to
exceed 15 miles per hour.
(b) A combination of vehicles or a vehicle shall not have more
than 11 axles, except when operating under a valid permit issued by
the state transportation department or a local authority with
respect to a highway under its jurisdiction.
(c) Any combination of vehicles not specifically authorized
under this section is prohibited.
(d) Except as provided in subsection (3)(c), a combination of
2 semitrailers pulled by a truck tractor, unless each semitrailer
uses a fifth wheel connecting assembly that conforms to the
requirements of the motor carrier safety act of 1963, 1963 PA 181,
MCL 480.11 to 480.25.
(e) A vehicle or a combination of vehicles shall not carry a
load extending more than 3 feet beyond the front of the lead
vehicle.
(f) A vehicle described in subsections (2)(e) and (3)(e)
employing triple saddle mounts unless all wheels that are in
contact with the roadway have operating brakes.
(5) All combinations of vehicles under this section shall
employ connecting assemblies and lighting devices that are in
compliance with the motor carrier safety act of 1963, 1963 PA 181,
MCL 480.11 to 480.25.
(6) The total gross weight of a truck tractor, semitrailer,
and trailer combination or a truck tractor and 2 semitrailers
combination that exceeds 59 feet in length shall not exceed a ratio
of 400 pounds per engine net horsepower delivered to clutch or its
equivalent specified in the handbook published by the society of
automotive engineers, inc. (SAE), 1977 edition.
(7) A person who violates this section is responsible for a
civil infraction and shall pay a civil fine of not more than
$500.00. The owner of the vehicle may be charged with a violation
of this section.
(8) The provisions in subsections (2)(a) and (3)(b)
prescribing the length of a crib vehicle on which logs are loaded
lengthwise do not apply unless 23 USC 127(d) is amended to allow
crib vehicles carrying logs to be loaded as described in this
section.
(9) As used in this section:
(a) "Designated highway" means a highway approved by the state
transportation department or a local authority with respect to a
highway under its jurisdiction.
(b) "Length" means the total length of a vehicle, or
combination of vehicles, including any load the vehicle is
carrying. Length does not include devices described in 23 CFR
658.16 and 23 CFR part 658, appendix d, 23 CFR 658.16 and 23 CFR
part 658, appendix d, as on file with the secretary of state are
adopted by reference. A safety or energy conservation device shall
be excluded from a determination of length only if it is not
designed or used for the carrying of cargo, freight, or equipment.
Semitrailers and trailers shall be measured from the front vertical
plane of the foremost transverse load supporting structure to the
rearmost transverse load supporting structure. Vehicle components
not excluded by law shall be included in the measurement of the
length, height, and width of the vehicle.
(c) "Stinger-steered combinations" means a truck tractor and
semitrailer combination in which the fifth wheel is located on a
drop frame located behind and below the rearmost axle of the power
unit.
Sec. 724. (1) A police officer, a peace officer, or an
authorized agent of the state transportation department or a county
road commission having reason to believe that the weight of a
vehicle and load is unlawful may require the driver to stop and
submit to a weighing of the vehicle by either portable or
stationary scales approved and sealed as a legal weighing device by
a qualified person using testing equipment certified or approved by
the department of agriculture and rural development as a legal
weighing device and may require that the vehicle be driven to the
nearest weigh station of the state transportation department for
the purpose of allowing a police officer, peace officer, or agent
of the state transportation department or county road commission to
determine whether the vehicle is loaded in conformity with this
chapter.
(2) When the officer or agent, upon weighing a vehicle and
load, determines that the weight is unlawful, the officer or agent
may require the driver to stop the vehicle in a suitable place and
remain standing until that portion of the load is shifted or
removed as necessary to reduce the gross axle load weight of the
vehicle to the limit permitted under this chapter. All material
unloaded as provided under this subsection shall be cared for by
the owner or operator of the vehicle at the risk of the owner or
operator. A judge or magistrate imposing a civil fine and costs
under this section that are not paid in full immediately or for
which a bond is not immediately posted in the amount of the civil
fine and costs shall order the driver or owner to move the vehicle
at the driver's own risk to a place of safekeeping within the
jurisdiction of the judge or magistrate, inform the judge or
magistrate in writing of the place of safekeeping, and keep the
vehicle until the fine and costs are paid or sufficient bond is
furnished or until the judge or magistrate is satisfied that the
fine and costs will be paid. The officer or agent who has
determined, after weighing a vehicle and load, that the weight is
unlawful, may require the driver to proceed to a judge or
magistrate within the county. If the judge or magistrate is
satisfied that the probable civil fine and costs will be paid by
the owner or lessee, the judge or magistrate may allow the driver
to proceed, after the load is made legal. If the judge or
magistrate is not satisfied that the owner or lessee, after a
notice and a right to be heard on the merits is given, will pay the
amount of the probable civil fine and costs, the judge or
magistrate may order the vehicle to be impounded until trial on the
merits is completed under conditions set forth in this section for
the impounding of vehicles after the civil fine and costs have been
imposed. Removal of the vehicle, and forwarding, care, or
preservation of the load shall be under the control of and at the
risk of the owner or driver. Vehicles impounded shall be subject to
a lien, subject to a prior valid bona fide lien of prior record, in
the amount of the civil fine and costs and if the civil fine and
costs are not paid within 90 days after the seizure, the judge or
magistrate shall certify the unpaid judgment to the prosecuting
attorney of the county in which the violation occurred, who shall
proceed to enforce the lien by foreclosure sale in accordance with
procedure authorized in the case of chattel mortgage foreclosures.
When the duly authorized agent of the state transportation
department or county road commission is performing duties under
this chapter, the agent has all the powers conferred upon peace
officers by the general laws of this state.
(3) Subject to subsection (4), an owner of a vehicle or a
lessee of the vehicle of an owner-operator, or other person, who
causes or allows a vehicle to be loaded and driven or moved on a
highway when the weight of that vehicle violates section 722 is
responsible for a civil infraction and shall pay a civil fine in an
amount
equal to 3 6 cents per pound for each pound of excess load
over
1,000 pounds when the excess is 2,000 pounds or less; 6 12
cents per pound of excess load when the excess is over 2,000 pounds
but
not over 3,000 pounds; 9 18
cents per pound for each pound of
excess load when the excess is over 3,000 pounds but not over 4,000
pounds;
12 24 cents per pound for each pound of excess load when
the
excess is over 4,000 pounds but not over 5,000 pounds; 15 30
cents per pound for each pound of excess load when the excess is
over
5,000 pounds but not over 10,000 pounds; and 20 40 cents
per
pound for each pound of excess load when the excess is over 10,000
pounds. If a person operates a vehicle in violation of increased
axle loading maximums provided for under section 722(13), the owner
or lessee of the vehicle is responsible for a civil infraction and
shall pay the civil fine under this subsection that applies to the
amount of weight by which the vehicle exceeds the original loading
maximum.
(4)
Beginning January 1, 2006, if If
the court determines that
the motor vehicle or the combination of vehicles was operated in
violation of this section, the court shall impose a fine as
follows:
(a) If the court determines that the motor vehicle or the
combination of vehicles was operated in such a manner that the
gross weight of the vehicle or the combination of vehicles would
not be lawful by a proper distribution of the load upon all the
axles of the vehicle or the combination of vehicles, the court
shall impose a fine for the violation according to the schedule
provided for in subsection (3).
(b) If the court determines that the motor vehicle or the
combination of vehicles would be lawful by a proper distribution of
the load upon all of the axles of the vehicle or the combination of
vehicles, but that 1 or more axles of the vehicle exceeded the
maximum allowable axle weight by more than 1,000 pounds but less
than
4,000 pounds, the court may shall
impose a misload fine of
$200.00 per axle. Not more than 3 axles shall be used in
calculating the fine to be imposed under this subdivision. This
subdivision does not apply to a vehicle subject to the maximum
loading provisions of section 722(12) or to a vehicle for which a
fine as calculated under the schedule in subsection (3) would be
less than the fine as calculated under this subsection.
(c) If the court determines that the motor vehicle or the
combination of vehicles would meet the loading conditions specified
in a special permit that was issued under section 725 by a proper
distribution of the load upon all of the axles of the vehicle or
the combination of vehicles, but that 1 or more axles of the
vehicle exceeded the permitted axle weight by 1,000 pounds or less,
the court shall impose a misload fine of $200.00 per axle. If the
court determines that the motor vehicle or the combination of
vehicles would meet the loading conditions specified in a special
permit that was issued under section 725 by a proper distribution
of the load upon all of the axles of the vehicle or the combination
of vehicles, but that 1 or more axles of the vehicle exceeded the
permitted axle weight by more than 1,000 pounds, the court shall
impose a fine for the violation according to the schedule provided
in subsection (3) for the amount of pounds exceeding the permitted
axle weight. Not more than 3 axles shall be used in calculating the
fine to be imposed under this subdivision. If the court determines
that the load was misloaded, the conditions of the special permit
remain valid. The imposition of a fine does not void the special
permit.
(d) If the court determines that the motor vehicle or the
combination of vehicles would be lawful by a proper distribution of
the load upon all of the axles of the vehicle or the combination of
vehicles, but that 1 or more axles of the vehicle exceeded the
permitted
axle weight by more than at
least 4,000 pounds but no
more
than 8,000 pounds, the court shall
impose a misload fine for
the
violation according to the schedule provided in subsection
(3).of $400.00 per axle. Not more than 3 axles
shall be used in
calculating the fine to be imposed under this subdivision.
(e) If the court determines that the motor vehicle or the
combination of vehicles would be lawful by a proper distribution of
the load upon all of the axles of the vehicle or the combination of
vehicles, but that 1 or more axles of the vehicle exceeded the
permitted axle weight by more than 8,000 pounds, the court shall
impose a fine for the violation according to the schedule provided
in subsection (3).
(5) A driver or owner of a commercial vehicle with other
vehicles or trailers in combination, a truck or truck tractor, a
truck or truck tractor with other vehicles in combination, or any
special mobile equipment who fails to stop at or bypasses any
scales or weighing station is guilty of a misdemeanor.
(6) An agent or authorized representative of the state
transportation department or a county road commission shall not
stop a truck or vehicle in movement upon a road or highway within
the state for any purpose, unless the agent or authorized
representative is driving a duly marked vehicle, clearly showing
and denoting the branch of government represented.
(7) A driver or owner of a vehicle who knowingly fails to stop
when requested or ordered to do so and submit to a weighing by a
police officer, a peace officer, or an authorized agent of the
state transportation department, or a representative or agent of a
county road commission, authorized to require the driver to stop
and submit to a weighing of the vehicle and load by means of a
portable scale, is guilty of a misdemeanor punishable by
imprisonment for not more than 90 days or a fine of not more than
$100.00, or both. A driver or person who dumps his or her load when
ordered to submit to a weigh or who otherwise attempts to commit or
commits an act to avoid a vehicle weigh is in violation of this
section.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.