HOUSE BILL No. 5938

 

November 12, 2014, Introduced by Rep. Irwin and referred to the Committee on Transportation and Infrastructure.

 

     A bill to amend 1963 PA 181, entitled

 

"Motor carrier safety act of 1963,"

 

(MCL 480.11 to 480.25) by amending the title and by adding sections

 

13b and 13c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to promote safety upon highways open to the public by

 

regulating the operation of certain vehicles; to provide consistent

 

regulation of these areas by state agencies and local units of

 

government; to establish certain minimum requirements for rear

 

impact guards on certain vehicles; to establish the qualifications

 

of persons necessary for the safe operation of such vehicles; to

 

establish certain violations of shippers offering certain materials

 

for transportation; to limit the hours of service of persons

 


engaged in operating such vehicles; to require the keeping of

 

records of such operations; to provide penalties for the violation

 

of this act; to prescribe the powers and duties of certain state

 

agencies; and to repeal acts and parts of acts.

 

     Sec. 13b. As used in this section and section 13c:

 

     (a) "Dangerous goods" means a product, substance, or organism

 

that falls within 1 or more of the following categories:

 

     (i) Explosives.

 

     (ii) Gases that are 1 of the following:

 

     (A) Compressed.

 

     (B) Deeply refrigerated.

 

     (C) Liquefied.

 

     (D) Dissolved under pressure.

 

     (iii) Flammable and combustible liquids.

 

     (iv) Flammable solids, substances that may spontaneously

 

combust, or substances that emit flammable gases upon contact with

 

water.

 

     (v) Oxidizing substances or organic peroxides.

 

     (vi) Poisonous or infectious substances.

 

     (vii) Radioactive nuclear substances.

 

     (viii) Corrosives.

 

     (ix) Any other product, substance, or organism that is

 

dangerous to life, health, property, or the environment when

 

handled, offered for transport, or transported.

 

     (b) "Ground clearance" means the vertical distance from the

 

bottom edge of a horizontal member to the ground.

 

     (c) "Guard width" means the maximum horizontal ground

 


dimension that is perpendicular to the longitudinal vertical plane

 

passing through the longitudinal centerline of a trailer.

 

     (d) "Horizontal member" means a horizontal structural member

 

of a rear impact guard.

 

     (e) "Hydraulic guard" means a rear impact guard designed to

 

use fluid properties to provide a resistance force to deformation.

 

     (f) "Low-chassis trailer" means a trailer that has a chassis

 

that extends behind the rearmost point of the rearmost tires and

 

that has a lower rear surface that meets the configuration

 

requirements of section 13c(2)(b) to (d).

 

     (g) "Outboard" means extending away from the trailer

 

centerline and toward the side extremities of the trailer.

 

     (h) "Pulpwood trailer" means a trailer that is designed

 

exclusively to carry harvested logs or pulpwood and that is

 

constructed with a skeletal frame with no means for the attachment

 

of a solid bed, body, or container.

 

     (i) "Rear extremity" means the rearmost point on a trailer

 

that is above a horizontal plane located above the ground clearance

 

and below a horizontal plane located 1,900 millimeters above the

 

ground when the trailer is configured as provided in section

 

13c(2)(c) and when the trailer's cargo doors, tailgate, and other

 

permanent structures are positioned as they normally are when the

 

trailer is in motion. Nonstructural protrusions, including, but not

 

limited to, tail lamps, rubber bumpers, hinges, and latches, are

 

excluded when determining the rearmost point.

 

     (j) "Rear impact guard" means a device installed on or near

 

the rear of a trailer that limits the distance that the front end

 


of a vehicle striking the rear of the trailer slides under the rear

 

end of the trailer.

 

     (k) "Rounded corners" means the outermost ends of a rear

 

impact guard's horizontal member that curve upward.

 

     (l) "Side extremity" means the outermost point on a trailer's

 

side that is above a horizontal plane located above the ground

 

clearance, below a horizontal plane located 1,900 millimeters above

 

the ground, and between a transverse vertical plane tangent to the

 

rear extremity of the trailer and a transverse vertical plane

 

located 305 millimeters in front of that plane. Nonstructural

 

protrusions, including, but not limited to, tail lamps, rubber

 

bumpers, hinges, and latches, are excluded when determining the

 

outermost point.

 

     (m) "Tanker trailer" means a trailer that is designed

 

exclusively to transport dangerous goods.

 

     (n) "Wheels-back trailer" means a trailer, the rearmost axle

 

of which is permanently fixed and located such that the rearmost

 

surface of the rearmost tires of the size recommended by the

 

trailer manufacturer for that axle is not more than 305 millimeters

 

forward of the transverse vertical plane tangent to the rear

 

extremity of the trailer.

 

     Sec. 13c. (1) Except as otherwise provided in this subsection,

 

a trailer shall be equipped with a rear impact guard that satisfies

 

the requirements of this section. This section does not apply to

 

any of the following:

 

     (a) A pole trailer, pulpwood trailer, wheels-back trailer, or

 

trailer designed to be used as temporary living quarters.

 


     (b) A low-chassis trailer.

 

     (c) A trailer that is designed to interact with or that has

 

work-performing equipment located in or moving through the area

 

that would be occupied by a horizontal member that meets the

 

requirements of this section.

 

     (2) All of the following apply to a rear impact guard required

 

under this section:

 

     (a) The horizontal member shall have a cross-sectional

 

vertical height of at least 100 millimeters at any point across the

 

width of the rear impact guard when installed on a trailer.

 

     (b) The outermost surfaces of the horizontal member shall

 

extend outboard to within 100 millimeters of the longitudinal

 

vertical planes that are tangent to the side extremities, but shall

 

not extend outboard of those planes.

 

     (c) When the trailer is resting on level ground and unloaded,

 

has a full fuel tank and inflated tires, and its air suspension, if

 

applicable, is pressurized in accordance with the manufacturer's

 

recommendations, the ground clearance shall not exceed 560

 

millimeters at any point across the full width of the horizontal

 

member, except that rounded corners may curve upward within 255

 

millimeters of the longitudinal vertical planes that are tangent to

 

the side extremities.

 

     (d) At any height above ground clearance, the rearmost surface

 

of a horizontal member shall be located as close as practicable to

 

a transverse vertical plane tangent to the rear extremity of the

 

trailer, and no more than 305 millimeters forward of that plane.

 

     (3) A rear impact guard shall demonstrate resistance to the

 


following forces by deflecting no more than 125 millimeters:

 

     (a) 50,000 newtons at a point located at a distance of 3/8 of

 

the width of the rear impact guard from the center.

 

     (b) 50,000 newtons at the center of the rear impact guard.

 

     (4) A rear impact guard shall conform to all of the following:

 

     (a) By deflecting no more than 125 millimeters, demonstrate

 

resistance to a uniform test load of at least 350,000 newtons,

 

which shall be applied uniformly across the horizontal member by a

 

uniform load application structure centered on the guard.

 

     (b) If the rear impact guard demonstrates resistance to a

 

uniform test load of 700,000 newtons or less, absorb by plastic

 

deformation at least 200,000 joules of energy within the first 125

 

millimeters of deflection. This subdivision does not apply to a

 

hydraulic guard or a rear impact guard installed on a tanker

 

trailer.

 

     (c) Have a ground clearance of not more than 560 millimeters,

 

measured at any support to which the horizontal member is attached

 

after completion of the energy absorption test, or, if an energy

 

absorption test is not required, after completion of the uniform

 

load test.

 

     (5) If a rear impact guard is symmetrical about the

 

longitudinal vertical plane passing through the center of the

 

horizontal member, 1/2 of the guard may be tested as provided in

 

subsection (6) if it is completely severed from the portion of the

 

guard not being tested.

 

     (6) If 1/2 of a rear impact guard is tested as described in

 

subsection (5), the guard shall conform to all of the following:

 


     (a) By deflecting no more than 125 millimeters, demonstrate

 

resistance to a test load of at least 175,000 newtons, which shall

 

be applied as follows:

 

     (i) Uniformly across the tested portion of the horizontal

 

member by a uniform load application structure centered on that

 

portion.

 

     (ii) By a single point load at the junction of the support to

 

the portion of the horizontal member being tested.

 

     (b) If the tested portion of a horizontal member demonstrates

 

resistance to a test load of 350,000 newtons or less, absorb by

 

plastic deformation at least 10,000 joules of energy within the

 

first 125 millimeters of deflection. This subdivision does not

 

apply to a hydraulic guard or a rear impact guard installed on a

 

tanker trailer.

 

     (c) Have a ground clearance of not more than 560 millimeters,

 

measured at any support to which the horizontal member is attached

 

after completion of the energy absorption test, or, if an energy

 

absorption test is not required, after completion of the load test.

 

     Enacting section 1. This amendatory act takes effect 1 year

 

after the date it is enacted into law.