Bill Text: MI SB1188 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Traffic control; traffic regulation; gross vehicle weight limits; provide exemption for certain natural gas vehicles. Amends sec. 722 of 1949 PA 300 (MCL 257.722).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-12-08 - Referred To Committee On Transportation [SB1188 Detail]

Download: Michigan-2015-SB1188-Introduced.html

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SENATE BILL No. 1188

 

 

December 8, 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 722 (MCL 257.722), as amended by 2016 PA 72.

 

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 distance

 

 4  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.

 

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

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

 

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

 

 3  normal loading maximum.

 

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

 

 5  department, or a local authority with respect to highways under its

 

 6  jurisdiction, may designate certain highways, or sections of those

 

 7  highways, where bridges and road surfaces are adequate for heavier

 

 8  loading, and revise a designation as needed, on which the maximum

 

 9  tandem axle assembly loading shall not exceed 16,000 pounds for any

 

10  axle of the assembly, if there is no other axle within 9 feet of

 

11  any axle of the assembly.

 

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

 

13  assembly is permitted on the designated highways at the gross

 

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

 

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

 

16  tandem axle assembly in the combination of vehicles exceeds a gross

 

17  weight of 13,000 pounds per axle. On a combination of truck tractor

 

18  and semitrailer having not more than 5 axles, 2 consecutive tandem

 

19  axle assemblies are permitted on the designated highways at a gross

 

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

 

21  axle within 9 feet of any axle of the assembly.

 

22        (4) Notwithstanding subsection (3), on a combination of truck

 

23  tractor and semitrailer having not more than 5 axles, 2 consecutive

 

24  sets of tandem axles may carry a gross permissible weight of not to

 

25  exceed 17,000 pounds on any axle of the tandem axles if there is no

 

26  other axle within 9 feet of any axle of the tandem axles and if the

 

27  first and last axles of the consecutive sets of tandem axles are

 1  not less than 36 feet apart and the gross vehicle weight does not

 

 2  exceed 80,000 pounds to pick up and deliver agricultural

 

 3  commodities between the national truck network or special

 

 4  designated highways and any other highway. This subsection is not

 

 5  subject to the maximum axle loads of subsections (1), (2), and (3).

 

 6  For purposes of this subsection, a "tandem axle" means 2 axles

 

 7  spaced more than 40 inches but not more than 96 inches apart or 2

 

 8  axles spaced more than 3-1/2 feet but less than 9 feet apart. This

 

 9  subsection does not apply during that period when reduced maximum

 

10  loads are in effect under subsection (8).

 

11        (5) The seasonal reductions described under subsection (8) to

 

12  the loading maximums and gross vehicle weight requirement of

 

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

 

14  commodities if the person who picks up or delivers the agricultural

 

15  commodity either from a farm or to a farm notifies the county road

 

16  commission for roads under its authority not less than 48 hours

 

17  before the pickup or delivery of the time and location of the

 

18  pickup or delivery. The county road commission shall issue a permit

 

19  to the person and charge a fee that does not exceed the

 

20  administrative costs incurred. The permit shall contain all of the

 

21  following:

 

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

 

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

 

24  up or delivers the agricultural commodities during which the load

 

25  may be delivered or picked up.

 

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

 

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

 1  parties.

 

 2        (6) The seasonal reductions described under subsection (8) to

 

 3  the loading maximums and gross vehicle weight requirements of

 

 4  subsection (12) do not apply to public utility vehicles under the

 

 5  following circumstances:

 

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

 

 7  follows:

 

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

 

 9  utility or its subcontractor shall notify the county road

 

10  commission, as soon as practical, of the location of the emergency

 

11  public utility work and provide a statement that the vehicles that

 

12  were used to perform the emergency utility work may have exceeded

 

13  the loading maximums and gross vehicle weight requirements of

 

14  subsection (12) as reduced under subsection (8). The notification

 

15  may be made via facsimile or electronically.

 

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

 

17  of the emergency public utility work while on a restricted road at

 

18  a speed not greater than 35 miles per hour.

 

19        (b) For nonemergency public utility work on restricted roads,

 

20  as follows:

 

21        (i) If the county road commission requires, the public utility

 

22  or its subcontractor shall apply to the county road commission

 

23  annually for a seasonal truck permit for roads under its authority

 

24  before seasonal weight restrictions are effective. The county road

 

25  commission shall issue a seasonal truck permit for each public

 

26  utility vehicle or vehicle configuration the public utility or

 

27  subcontractor anticipates will be utilized for nonemergency public

 1  utility work. The county road commission may charge a fee for a

 

 2  seasonal truck permit that does not exceed the administrative costs

 

 3  incurred for the permit. The seasonal truck permit shall contain

 

 4  all of the following:

 

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

 

 6  subcontractor during which the permit is valid.

 

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

 

 8  vehicle configuration to be covered on the seasonal truck permit

 

 9  requested by the public utility or subcontractor.

 

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

 

11  weight restrictions will be minimized and only utilized when

 

12  necessary to perform public utility work using the public utility

 

13  vehicle or vehicle configuration and that nonrestricted roads shall

 

14  be used for travel when available and for routine travel.

 

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

 

16  permit is only valid while the subcontractor vehicle is being

 

17  operated in the performance of public utility work.

 

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

 

19  configuration shall display signage on the outside of the vehicle

 

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

 

21  utility.

 

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

 

23  county road commission shall provide a notification application for

 

24  the public utility or its subcontractor to use when requesting

 

25  access to operate on restricted roads and the public utility or its

 

26  subcontractor shall provide notification to the county road

 

27  commission, via facsimile or electronically, not later than 24

 1  hours before the time of the intended travel. A subcontractor using

 

 2  a vehicle on a restricted road shall have a copy of any

 

 3  notification provided to a county road commission in the

 

 4  subcontractor's possession while performing the relevant

 

 5  nonemergency work. Notwithstanding this subsection or an agreement

 

 6  under this subsection, if the county road commission determines

 

 7  that the condition of a particular road under its jurisdiction

 

 8  makes it unusable, the county road commission may deny access to

 

 9  all or any part of that road. The denial shall be made and

 

10  communicated via facsimile or electronically to the public utility

 

11  or its subcontractor within 24 hours after receiving notification

 

12  that the public utility or subcontractors intends to perform

 

13  nonemergency work that requires use of that road. Any notification

 

14  that is not disapproved within 24 hours after the notice is

 

15  received by the county road commission is considered approved. The

 

16  notification application required under this subparagraph may

 

17  include all of the following information:

 

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

 

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

 

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

 

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

 

22  to the nonemergency work site or sites.

 

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

 

24  behalf the subcontractor is performing services.

 

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

 

26  published by the manufacturers, and the maximum wheel load

 

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

 1  width of tire.

 

 2        (8) Except as provided in this subsection and subsection (9),

 

 3  during the months of March, April, and May in each year, the

 

 4  maximum axle load allowable on concrete pavements or pavements with

 

 5  a concrete base is reduced by 25% from the maximum axle load as

 

 6  specified in this chapter, and the maximum axle loads allowable on

 

 7  all other types of roads during these months are reduced by 35%

 

 8  from the maximum axle loads as specified. The maximum wheel load

 

 9  shall not exceed 525 pounds per inch of tire width on concrete and

 

10  concrete base or 450 pounds per inch of tire width on all other

 

11  roads during the period the seasonal road restrictions are in

 

12  effect. Subject to subsection (5), this subsection does not apply

 

13  to vehicles transporting agricultural commodities or, subject to

 

14  subsection (6), public utility vehicles on a highway, road, or

 

15  street under the jurisdiction of a local road agency. In addition,

 

16  this subsection does not apply to a vehicle delivering propane fuel

 

17  to a residence if the vehicle's propane tank is filled to not more

 

18  than 50% of its capacity and the vehicle is traveling at not more

 

19  than 35 miles per hour. The state transportation department and

 

20  each local authority with highways and streets under its

 

21  jurisdiction to which the seasonal restrictions prescribed under

 

22  this subsection apply shall post all of the following information

 

23  on the homepage of its website or, if a local authority does not

 

24  have a website, then on the website of a statewide road association

 

25  of which it is a member:

 

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

 

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

 1  highways and streets to which the seasonal restrictions apply.

 

 2        (9) The state transportation department for roads under its

 

 3  jurisdiction and a county road commission for roads under its

 

 4  jurisdiction may grant exemptions from seasonal weight restrictions

 

 5  for milk on specified routes when requested in writing. Approval or

 

 6  denial of a request for an exemption shall be given by written

 

 7  notice to the applicant within 30 days after the date of submission

 

 8  of the application. If a request is denied, the written notice

 

 9  shall state the reason for denial and alternate routes for which

 

10  the permit may be issued. The applicant may appeal to the state

 

11  transportation commission or the county road commission. These

 

12  exemptions do not apply on county roads in counties that have

 

13  negotiated agreements with milk haulers or haulers of other

 

14  commodities during periods of seasonal load limits before April 14,

 

15  1993. This subsection does not limit the ability of these counties

 

16  to continue to negotiate such agreements.

 

17        (10) The state transportation department, or a local authority

 

18  with respect to highways under its jurisdiction, may suspend the

 

19  restrictions imposed by this section when and where conditions of

 

20  the highways or the public health, safety, and welfare warrant

 

21  suspension, and impose the restricted loading requirements of this

 

22  section on designated highways at any other time that the

 

23  conditions of the highway require.

 

24        (11) For the purpose of enforcing this act, the gross vehicle

 

25  weight of a single vehicle and load or a combination of vehicles

 

26  and loads shall be determined by weighing individual axles or

 

27  groups of axles, and the total weight on all the axles shall be the

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

 

 2  determined by weighing individual axles or by weighing a group of

 

 3  axles and dividing the gross weight of the group of axles by the

 

 4  number of axles in the group. For purposes of subsection (12), the

 

 5  overall gross weight on a group of 2 or more axles shall be

 

 6  determined by weighing individual axles or several axles, and the

 

 7  total weight of all the axles in the group shall be the overall

 

 8  gross weight of the group.

 

 9        (12) The loading maximum in this subsection applies to

 

10  interstate highways, and the state transportation department, or a

 

11  local authority with respect to highways under its jurisdiction,

 

12  may designate a highway, or a section of a highway, for the

 

13  operation of vehicles having a gross vehicle weight of not more

 

14  than 80,000 pounds that are subject to the following load maximums:

 

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

 

16  enforcement tolerances.

 

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

 

18  enforcement tolerances.

 

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

 

20  consecutive axles equaling:

 

 

21	W=500[(LN)/(N-1)+12N+36]

 

 

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

 

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

 

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

 

25  N = number of axles in the group under consideration; except that 2

 

26  consecutive sets of tandem axles may carry a gross load of 34,000

 

 1  pounds each if the first and last axles of the consecutive sets of

 

 2  tandem axles are not less than 36 feet apart. The gross vehicle

 

 3  weight shall not exceed 80,000 pounds including all enforcement

 

 4  tolerances. Except for 5 axle truck tractor, semitrailer

 

 5  combinations having 2 consecutive sets of tandem axles, vehicles

 

 6  having a gross weight in excess of 80,000 pounds or in excess of

 

 7  the vehicle gross weight determined by application of the formula

 

 8  in this subsection are subject to the maximum axle loads of

 

 9  subsections (1), (2), and (3). As used in this subsection, "tandem

 

10  axle weight" means the total weight transmitted to the road by 2 or

 

11  more consecutive axles, the centers of which may be included

 

12  between parallel transverse vertical planes spaced more than 40

 

13  inches but not more than 96 inches apart, extending across the full

 

14  width of the vehicle. Except as otherwise provided in this section,

 

15  vehicles transporting agricultural commodities shall have weight

 

16  load maximums as set forth in this subsection.

 

17        (13) The axle loading maximums under subsections (1), (2),

 

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

 

19  agricultural commodities or raw timber, excluding farm equipment

 

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

 

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

 

22  loading maximums as increased under this subsection do not alter

 

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

 

24  subsection does not apply to either of the following:

 

25        (a) A vehicle utilizing an interstate highway.

 

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

 

27  weight restrictions under subsection (8) during the time that the

 1  seasonal weight restrictions are in effect.

 

 2        (14) Notwithstanding any other provision of this section, a

 

 3  vehicle that is operated by an engine that is fueled wholly or

 

 4  partially by compressed or liquefied natural gas may exceed the

 

 5  axle loading maximums under subsections (1), (2), (3), and (4) and

 

 6  the weight load maximums under subsection (12) by an amount equal

 

 7  to the difference between the weight of the vehicle attributable to

 

 8  the natural gas tank and fueling system carried by that vehicle and

 

 9  the weight of a comparable diesel tank and fueling system. The

 

10  amount by which a vehicle described in this subsection may exceed

 

11  the axle loading maximums under subsections (1), (2), (3), and (4)

 

12  and the weight load maximums under subsection (12) shall not exceed

 

13  2,000 pounds.

 

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

 

15        (a) "Agricultural commodities" means those plants and animals

 

16  useful to human beings produced by agriculture and includes, but is

 

17  not limited to, forages and sod crops, grains and feed crops, field

 

18  crops, dairy and dairy products, poultry and poultry products,

 

19  cervidae, livestock, including breeding and grazing, equine, fish,

 

20  and other aquacultural products, bees and bee products, berries,

 

21  herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock,

 

22  mushrooms, fertilizer, livestock bedding, farming equipment, fuel

 

23  for agricultural use, and maple sap. Agricultural commodities do

 

24  not include trees or lumber.

 

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

 

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

 

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

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

 

 2  emergency.

 

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

 

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

 

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

 

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

 

 7  contiguous to each other.

 

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

 

 9  storing a crop.

 

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

 

11  jurisdiction of the public service commission or a transmission

 

12  company.

 

13        (e) "Public utility vehicle" means a vehicle owned or operated

 

14  by a public utility or operated by a subcontractor on behalf of a

 

15  public utility.

 

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

 

17  transmission company or an independent transmission company as

 

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

 

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

 

20        Enacting section 1. This amendatory act takes effect 90 days

 

21  after the date it is enacted into law.