Bill Text: MI HB4241 | 2013-2014 | 97th Legislature | Introduced

---

Bill Title: Traffic control; traffic regulation; penalties for exceeding weight restrictions; create exception for septage waste vehicles performing emergency work. Amends sec. 722 of 1949 PA 300 (MCL 257.722).

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2013-02-13 - Printed Bill Filed 02/13/2013 [HB4241 Detail]

Download: Michigan-2013-HB4241-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4241

 

February 12, 2013, Introduced by Reps. Goike, Pscholka, Zorn, Lauwers and Hooker and referred to the Committee on Transportation and Infrastructure.

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 722 (MCL 257.722), as amended by 2012 PA 498.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 722. (1) Except as otherwise provided in this section,

 

 2  the maximum axle load shall not exceed the number of pounds

 

 3  designated in the following provisions that prescribe the

 

 4  distance between axles:

 

 5        (a) If the axle spacing is 9 feet or more between axles, the

 

 6  maximum axle load shall not exceed 18,000 pounds for vehicles

 

 7  equipped with high pressure pneumatic or balloon tires.

 

 8        (b) If the axle spacing is less than 9 feet between 2 axles

 

 9  but more than 3-1/2 feet, the maximum axle load shall not exceed

 

10  13,000 pounds for high pressure pneumatic or balloon tires.

 

 1        (c) If the axles are spaced less than 3-1/2 feet apart, the

 

 2  maximum axle load shall not exceed 9,000 pounds per axle.

 

 3        (d) Subdivisions (a), (b), and (c) shall be known as the

 

 4  normal loading maximum.

 

 5        (2) When normal loading is in effect, the state

 

 6  transportation department, or a local authority with respect to

 

 7  highways under its jurisdiction, may designate certain highways,

 

 8  or sections of those highways, where bridges and road surfaces

 

 9  are adequate for heavier loading, and revise a designation as

 

10  needed, on which the maximum tandem axle assembly loading shall

 

11  not exceed 16,000 pounds for any axle of the assembly, if there

 

12  is no other axle within 9 feet of any axle of the assembly.

 

13        (3) On a legal combination of vehicles, only 1 tandem axle

 

14  assembly is permitted on the designated highways at the gross

 

15  permissible weight of 16,000 pounds per axle, if there is no

 

16  other axle within 9 feet of any axle of the assembly, and if no

 

17  other tandem axle assembly in the combination of vehicles exceeds

 

18  a gross weight of 13,000 pounds per axle. On a combination of

 

19  truck tractor and semitrailer having not more than 5 axles, 2

 

20  consecutive tandem axle assemblies are permitted on the

 

21  designated highways at a gross permissible weight of 16,000

 

22  pounds per axle, if there is no other axle within 9 feet of any

 

23  axle of the assembly.

 

24        (4) Notwithstanding subsection (3), on a combination of

 

25  truck tractor and semitrailer having not more than 5 axles, 2

 

26  consecutive sets of tandem axles may carry a gross permissible

 

27  weight of not to exceed 17,000 pounds on any axle of the tandem

 

 1  axles if there is no other axle within 9 feet of any axle of the

 

 2  tandem axles and if the first and last axles of the consecutive

 

 3  sets of tandem axles are not less than 36 feet apart and the

 

 4  gross vehicle weight does not exceed 80,000 pounds to pick up and

 

 5  deliver agricultural commodities between the national truck

 

 6  network or special designated highways and any other highway.

 

 7  This subsection is not subject to the maximum axle loads of

 

 8  subsections (1), (2), and (3). For purposes of this subsection, a

 

 9  "tandem axle" means 2 axles spaced more than 40 inches but not

 

10  more than 96 inches apart or 2 axles spaced more than 3-1/2 feet

 

11  but less than 9 feet apart. This subsection does not apply during

 

12  that period when reduced maximum loads are in effect under

 

13  subsection (8).(9).

 

14        (5) The seasonal reductions described under subsection (8)

 

15  (9) to the loading maximums and gross vehicle weight requirement

 

16  of subsection (12) (13) do not apply to a person hauling

 

17  agricultural commodities if the person who picks up or delivers

 

18  the agricultural commodity either from a farm or to a farm

 

19  notifies the county road commission for roads under its authority

 

20  not less than 48 hours before the pickup or delivery of the time

 

21  and location of the pickup or delivery. The county road

 

22  commission shall issue a permit to the person and charge a fee

 

23  that does not exceed the administrative costs incurred. The

 

24  permit shall contain all of the following:

 

25        (a) The designated route or routes of travel for the load.

 

26        (b) The date and time period requested by the person who

 

27  picks up or delivers the agricultural commodities during which

 

 1  the load may be delivered or picked up.

 

 2        (c) A maximum speed limit of travel, if necessary.

 

 3        (d) Any other specific conditions agreed to between the

 

 4  parties.

 

 5        (6) The seasonal reductions described under subsection (8)

 

 6  (9) to the loading maximums and gross vehicle weight requirements

 

 7  of subsection (12) (13) do not apply to public utility vehicles

 

 8  under the following circumstances:

 

 9        (a) For emergency public utility work on restricted roads,

 

10  as follows:

 

11        (i) If required by the county road commission, the public

 

12  utility or its subcontractor shall notify the county road

 

13  commission, as soon as practical, of the location of the

 

14  emergency public utility work and provide a statement that the

 

15  vehicles that were used to perform the emergency utility work may

 

16  have exceeded the loading maximums and gross vehicle weight

 

17  requirements of subsection (12) (13) as reduced under subsection

 

18  (8). (9). The notification may be made via facsimile or

 

19  electronically.

 

20        (ii) The public utility vehicle travels to and from the site

 

21  of the emergency public utility work while on a restricted road

 

22  at a speed not greater than 35 miles per hour.

 

23        (b) For nonemergency public utility work on restricted

 

24  roads, as follows:

 

25        (i) If the county road commission requires, the public

 

26  utility or its subcontractor shall apply to the county road

 

27  commission annually for a seasonal truck permit for roads under

 

 1  its authority before seasonal weight restrictions are effective.

 

 2  The county road commission shall issue a seasonal truck permit

 

 3  for each public utility vehicle or vehicle configuration the

 

 4  public utility or subcontractor anticipates will be utilized for

 

 5  nonemergency public utility work. The county road commission may

 

 6  charge a fee for a seasonal truck permit that does not exceed the

 

 7  administrative costs incurred for the permit. The seasonal truck

 

 8  permit shall contain all of the following:

 

 9        (A) The seasonal period requested by the public utility or

 

10  subcontractor during which the permit is valid.

 

11        (B) A unique identification number for the vehicle and any

 

12  vehicle configuration to be covered on the seasonal truck permit

 

13  requested by the public utility or subcontractor.

 

14        (C) A requirement that travel on restricted roads during

 

15  weight restrictions will be minimized and only utilized when

 

16  necessary to perform public utility work using the public utility

 

17  vehicle or vehicle configuration and that nonrestricted roads

 

18  shall be used for travel when available and for routine travel.

 

19        (D) A requirement that in the case of a subcontractor the

 

20  permit is only valid while the subcontractor vehicle is being

 

21  operated in the performance of public utility work.

 

22        (E) A requirement that a subcontractor vehicle or vehicle

 

23  configuration shall display signage on the outside of the vehicle

 

24  to identify the vehicle as operating on behalf of the public

 

25  utility.

 

26        (ii) If the county road commission requires notification, the

 

27  county road commission shall provide a notification application

 

 1  for the public utility or its subcontractor to use when

 

 2  requesting access to operate on restricted roads and the public

 

 3  utility or its subcontractor shall provide notification to the

 

 4  county road commission, via facsimile or electronically, not

 

 5  later than 24 hours before the time of the intended travel. A

 

 6  subcontractor using a vehicle on a restricted road shall have a

 

 7  copy of any notification provided to a county road commission in

 

 8  the subcontractor's possession while performing the relevant

 

 9  nonemergency work. Notwithstanding this subsection or an

 

10  agreement under this subsection, if the county road commission

 

11  determines that the condition of a particular road under its

 

12  jurisdiction makes it unusable, the county road commission may

 

13  deny access to all or any part of that road. The denial shall be

 

14  made and communicated via facsimile or electronically to the

 

15  public utility or its subcontractor within 24 hours after

 

16  receiving notification that the public utility or subcontractors

 

17  intends to perform nonemergency work that requires use of that

 

18  road. Any notification that is not disapproved within 24 hours

 

19  after the notice is received by the county road commission is

 

20  considered approved. The notification application required under

 

21  this subparagraph may include all of the following information:

 

22        (A) The address or location of the nonemergency work.

 

23        (B) The date or dates of the nonemergency work.

 

24        (C) The route to be taken to the nonemergency work site.

 

25        (D) The restricted road or roads intended to be traveled

 

26  upon to the nonemergency work site or sites.

 

27        (E) In the case of a subcontractor, the utility on whose

 

 1  behalf the subcontractor is performing services.

 

 2        (7) The normal size of tires shall be the rated size as

 

 3  published by the manufacturers, and the maximum wheel load

 

 4  permissible for any wheel shall not exceed 700 pounds per inch of

 

 5  width of tire.

 

 6        (8) The seasonal reductions described under subsection (9)

 

 7  to the loading maximums and gross vehicle weight requirements of

 

 8  subsection (13) do not apply to a septage waste vehicle that is

 

 9  operated by an individual with a valid septage waste vehicle

 

10  license that is performing emergency septic work if the following

 

11  conditions are met:

 

12        (a) If required by the county road commission, as soon as

 

13  practical, the individual shall notify the county road commission

 

14  of the location of the emergency septic work and provide a

 

15  statement that the vehicles that were used to perform the

 

16  emergency septic work may have exceeded the loading maximums and

 

17  gross vehicle weight requirements of subsection (13) as reduced

 

18  under subsection (9). The notification required under this

 

19  subdivision may be made electronically or by facsimile.

 

20        (b) The septage waste vehicle travels to and from the site

 

21  of the emergency septic work while on a restricted road at a

 

22  speed not greater than 35 miles per hour.

 

23        (9) (8) Except as provided in this subsection and subsection

 

24  (9), (10), during the months of March, April, and May in each

 

25  year, the maximum axle load allowable on concrete pavements or

 

26  pavements with a concrete base is reduced by 25% from the maximum

 

27  axle load as specified in this chapter, and the maximum axle

 

 1  loads allowable on all other types of roads during these months

 

 2  are reduced by 35% from the maximum axle loads as specified. The

 

 3  maximum wheel load shall not exceed 525 pounds per inch of tire

 

 4  width on concrete and concrete base or 450 pounds per inch of

 

 5  tire width on all other roads during the period the seasonal road

 

 6  restrictions are in effect. Subject to subsection (5), this

 

 7  subsection does not apply to vehicles transporting agricultural

 

 8  commodities or, subject to subsection (6), public utility

 

 9  vehicles on a highway, road, or street under the jurisdiction of

 

10  a local road agency or, subject to subsection (8), to a septage

 

11  waste vehicle. In addition, this subsection does not apply to a

 

12  vehicle delivering propane fuel to a residence if the vehicle's

 

13  propane tank is filled to not more than 50% of its capacity and

 

14  the vehicle is traveling at not more than 35 miles per hour. The

 

15  state transportation department and each local authority with

 

16  highways and streets under its jurisdiction to which the seasonal

 

17  restrictions prescribed under this subsection apply shall post

 

18  all of the following information on the homepage of its website

 

19  or, if a local authority does not have a website, then on the

 

20  website of a statewide road association of which it is a member:

 

21        (a) The dates when the seasonal restrictions are in effect.

 

22        (b) The names of the highways and streets and portions of

 

23  highways and streets to which the seasonal restrictions apply.

 

24        (10) (9) The state transportation department for roads under

 

25  its jurisdiction and a county road commission for roads under its

 

26  jurisdiction may grant exemptions from seasonal weight

 

27  restrictions for milk on specified routes when requested in

 

 1  writing. Approval or denial of a request for an exemption shall

 

 2  be given by written notice to the applicant within 30 days after

 

 3  the date of submission of the application. If a request is

 

 4  denied, the written notice shall state the reason for denial and

 

 5  alternate routes for which the permit may be issued. The

 

 6  applicant may appeal to the state transportation commission or

 

 7  the county road commission. These exemptions do not apply on

 

 8  county roads in counties that have negotiated agreements with

 

 9  milk haulers or haulers of other commodities during periods of

 

10  seasonal load limits before April 14, 1993. This subsection does

 

11  not limit the ability of these counties to continue to negotiate

 

12  such agreements.

 

13        (11) (10) The state transportation department, or a local

 

14  authority with respect to highways under its jurisdiction, may

 

15  suspend the restrictions imposed by this section when and where

 

16  conditions of the highways or the public health, safety, and

 

17  welfare warrant suspension, and impose the restricted loading

 

18  requirements of this section on designated highways at any other

 

19  time that the conditions of the highway require.

 

20        (12) (11) For the purpose of enforcing this act, the gross

 

21  vehicle weight of a single vehicle and load or a combination of

 

22  vehicles and loads shall be determined by weighing individual

 

23  axles or groups of axles, and the total weight on all the axles

 

24  shall be the gross vehicle weight. In addition, the gross axle

 

25  weight shall be determined by weighing individual axles or by

 

26  weighing a group of axles and dividing the gross weight of the

 

27  group of axles by the number of axles in the group. For purposes

 

 1  of subsection (12), (13), the overall gross weight on a group of

 

 2  2 or more axles shall be determined by weighing individual axles

 

 3  or several axles, and the total weight of all the axles in the

 

 4  group shall be the overall gross weight of the group.

 

 5        (13) (12) The loading maximum in this subsection applies to

 

 6  interstate highways, and the state transportation department, or

 

 7  a local authority with respect to highways under its

 

 8  jurisdiction, may designate a highway, or a section of a highway,

 

 9  for the operation of vehicles having a gross vehicle weight of

 

10  not more than 80,000 pounds that are subject to the following

 

11  load maximums:

 

12        (a) Twenty thousand pounds on any 1 axle, including all

 

13  enforcement tolerances.

 

14        (b) A tandem axle weight of 34,000 pounds, including all

 

15  enforcement tolerances.

 

16        (c) An overall gross weight on a group of 2 or more

 

17  consecutive axles equaling:

 

 

18       W=500[(LN)/(N-1)+12N+36]

 

 

19        where W = overall gross weight on a group of 2 or more

 

20  consecutive axles to the nearest 500 pounds, L = distance in feet

 

21  between the extreme of a group of 2 or more consecutive axles,

 

22  and N = number of axles in the group under consideration; except

 

23  that 2 consecutive sets of tandem axles may carry a gross load of

 

24  34,000 pounds each if the first and last axles of the consecutive

 

25  sets of tandem axles are not less than 36 feet apart. The gross

 

26  vehicle weight shall not exceed 80,000 pounds including all

 

 1  enforcement tolerances. Except for 5 axle truck tractor,

 

 2  semitrailer combinations having 2 consecutive sets of tandem

 

 3  axles, vehicles having a gross weight in excess of 80,000 pounds

 

 4  or in excess of the vehicle gross weight determined by

 

 5  application of the formula in this subsection are subject to the

 

 6  maximum axle loads of subsections (1), (2), and (3). As used in

 

 7  this subsection, "tandem axle weight" means the total weight

 

 8  transmitted to the road by 2 or more consecutive axles, the

 

 9  centers of which may be included between parallel transverse

 

10  vertical planes spaced more than 40 inches but not more than 96

 

11  inches apart, extending across the full width of the vehicle.

 

12  Except as otherwise provided in this section, vehicles

 

13  transporting agricultural commodities shall have weight load

 

14  maximums as set forth in this subsection.

 

15        (14) (13) The axle loading maximums under subsections (1),

 

16  (2), (3), and (4) are increased by 10% for vehicles transporting

 

17  agricultural commodities or raw timber, excluding farm equipment

 

18  and fuel, from the place of harvest or farm storage to the first

 

19  point of delivery on a road in this state. However, the axle

 

20  loading maximums as increased under this subsection do not alter

 

21  the gross vehicle weight restrictions set forth in this act. This

 

22  subsection does not apply to either of the following:

 

23        (a) A vehicle utilizing an interstate highway.

 

24        (b) A vehicle utilizing a road that is subject to seasonal

 

25  weight restrictions under subsection (8) (9) during the time that

 

26  the seasonal weight restrictions are in effect.

 

27        (15) (14) As used in this section:

 

 1        (a) "Agricultural commodities" means those plants and

 

 2  animals useful to human beings produced by agriculture and

 

 3  includes, but is not limited to, forages and sod crops, grains

 

 4  and feed crops, field crops, dairy and dairy products, poultry

 

 5  and poultry products, cervidae, livestock, including breeding and

 

 6  grazing, equine, fish, and other aquacultural products, bees and

 

 7  bee products, berries, herbs, fruits, vegetables, flowers, seeds,

 

 8  grasses, nursery stock, mushrooms, fertilizer, livestock bedding,

 

 9  farming equipment, and fuel for agricultural use. The term does

 

10  not include trees or lumber.

 

11        (b) "Emergency public utility work" means work performed to

 

12  restore public utility service or to eliminate a danger to the

 

13  public due to a natural disaster, an act of God, or an emergency

 

14  situation, whether or not a public official has declared an

 

15  emergency.

 

16        (c) "Farm storage" means any of the following:

 

17        (i) An edifice, silo, tank, bin, crib, interstice, or

 

18  protected enclosed structure, or more than 1 edifice, silo, tank,

 

19  bin, crib, interstice, or protected enclosed structure located

 

20  contiguous to each other.

 

21        (ii) An open environment used for the purpose of temporarily

 

22  storing a crop.

 

23        (d) "Public utility" means a public utility under the

 

24  jurisdiction of the public service commission or a transmission

 

25  company.

 

26        (e) "Public utility vehicle" means a vehicle owned or

 

27  operated by a public utility or operated by a subcontractor on

 

 1  behalf of a public utility.

 

 2        (f) "Transmission company" means either an affiliated

 

 3  transmission company or an independent transmission company as

 

 4  those terms are defined in section 2 of the electric transmission

 

 5  line certification act, 1995 PA 30, MCL 460.562.