Bill Text: MI HB5453 | 2013-2014 | 97th Legislature | Engrossed

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Bill Title: Traffic control; traffic regulation; traffic fines for overweight and oversized vehicles; increase. Amends secs. 719 & 724 of 1949 PA 300 (MCL 257.719 & 257.724).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-11-13 - Laid Over One Day Under The Rules [HB5453 Detail]

Download: Michigan-2013-HB5453-Engrossed.html

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HB-5453, As Passed Senate, November 13, 2014

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 5453

 

 

 

 

 

 

 

 

 

 

 

     <<A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 719, 722, 724, 907, and 909 (MCL 257.719, 257.724,

 

257.907, and 257.909), section 719 as amended by 2012 PA 282, section

 

722 as amended by 2012 PA 522, section 724 as amended by 2012 PA 498,

 

section 907 as amended by 2014 PA 303, and section 909 as amended

 

by 2000 PA 94.>>

 

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

 

House Bill No. 5453 as amended November 13, 2014           (1 of 7)

 

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

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

in the following provisions that prescribe the distance between axles:

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

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

with high pressure pneumatic or balloon tires.

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

more than 3-1/2 feet, the maximum axle load shall not exceed 13,000

pounds for high pressure pneumatic or balloon tires.

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

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

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

loading maximum.

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

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

jurisdiction, may designate certain highways, or sections of those

highways, where bridges and road surfaces are adequate for heavier

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

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

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

axle of the assembly.

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

assembly is permitted on the designated highways at the gross

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

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

axle assembly in the combination of vehicles exceeds a gross weight of

13,000 pounds per axle. On a combination of truck tractor and semitrailer

having not more than 5 axles, 2 consecutive tandem axle assemblies are

permitted on the designated highways at a gross permissible weight of

16,000 pounds per axle, if there is no other axle within 9 feet of any

axle of the assembly.

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

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

of tandem axles may carry a gross permissible weight of not to exceed

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

within 9 feet of any axle of the tandem axles and if the first and last

axles of the consecutive sets of tandem axles are not less than 36 feet

apart and the gross vehicle weight does not exceed 80,000 pounds to pick

 

up and deliver agricultural commodities between the national truck

network or special designated highways and any other highway. This

subsection is not subject to the maximum axle loads of subsections (1),

(2), and (3). For purposes of this subsection, a "tandem axle" means 2

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

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

subsection does not apply during that period when reduced maximum loads

are in effect under subsection (8).

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

loading maximums and gross vehicle weight requirement of subsection (12)

do not apply to a person hauling agricultural commodities if the person

who picks up or delivers the agricultural commodity either from a farm or

to a farm notifies the county road commission for roads under its

authority not less than 48 hours before the pickup or delivery of the

time and location of the pickup or delivery. The county road commission

shall issue a permit to the person and charge a fee that does not exceed

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

following:

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

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

or delivers the agricultural commodities during which the load may be

delivered or picked up.

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

     (d) Any other specific conditions agreed to between the parties.

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

loading maximums and gross vehicle weight requirements of subsection (12)

do not apply to public utility vehicles under the following

circumstances:

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

follows:

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

its subcontractor shall notify the county road commission, as soon as

practical, of the location of the emergency public utility work and

provide a statement that the vehicles that were used to perform the

emergency utility work may have exceeded the loading maximums and gross

vehicle weight requirements of subsection (12) as reduced under

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

electronically.

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

emergency public utility work while on a restricted road at a speed not

greater than 35 miles per hour.

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

follows:

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

its subcontractor shall apply to the county road commission annually

for a seasonal truck permit for roads under its authority before

seasonal weight restrictions are effective. The county road commission

shall issue a seasonal truck permit for each public utility vehicle or

vehicle configuration the public utility or subcontractor anticipates

 

will be utilized for nonemergency public utility work. The county road

commission may charge a fee for a seasonal truck permit that does not

exceed the administrative costs incurred for the permit. The seasonal

truck permit shall contain all of the following:

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

subcontractor during which the permit is valid.

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

configuration to be covered on the seasonal truck permit requested by

the public utility or subcontractor.

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

restrictions will be minimized and only utilized when necessary to

perform public utility work using the public utility vehicle or

vehicle configuration and that nonrestricted roads shall be used for

travel when available and for routine travel.

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

is only valid while the subcontractor vehicle is being operated in the

performance of public utility work.

     (E) A requirement that a subcontractor vehicle or vehicle

configuration shall display signage on the outside of the vehicle to

identify the vehicle as operating on behalf of the public utility.

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

county road commission shall provide a notification application for

the public utility or its subcontractor to use when requesting access

to operate on restricted roads and the public utility or its

subcontractor shall provide notification to the county road commission,

via facsimile or electronically, not later than 24 hours before the

time of the intended travel. A subcontractor using a vehicle on a

restricted road shall have a copy of any notification provided to a

county road commission in the subcontractor's possession while

performing the relevant nonemergency work. Notwithstanding this

subsection or an agreement under this subsection, if the county road

commission determines that the condition of a particular road under its

jurisdiction makes it unusable, the county road commission may deny

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

communicated via facsimile or electronically to the public utility or

its subcontractor within 24 hours after receiving notification that the

public utility or subcontractors intends to perform nonemergency work

that requires use of that road. Any notification that is not

disapproved within 24 hours after the notice is received by the county

road commission is considered approved. The notification application

required under this subparagraph may include all of the following

information:

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

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

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

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

the nonemergency work site or sites.

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

subcontractor is performing services.

 

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

by the manufacturers, and the maximum wheel load permissible for any

wheel shall not exceed 700 pounds per inch of width of tire.

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

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

axle load allowable on concrete pavements or pavements with a concrete

base is reduced by 25% from the maximum axle load as specified in

this chapter, and the maximum axle loads allowable on all other

types of roads during these months are reduced by 35% from the maximum

axle loads as specified. The maximum wheel load shall not exceed 525

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

pounds per inch of tire width on all other roads during the period

the seasonal road restrictions are in effect. Subject to subsection

(5), this subsection does not apply to vehicles transporting

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

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

local road agency. In addition, this subsection does not apply to a

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

tank is filled to not more than 50% of its capacity and the vehicle is

traveling at not more than 35 miles per hour. The state transportation

department and each local authority with highways and streets under its

jurisdiction to which the seasonal restrictions prescribed under this

subsection apply shall post all of the following information on the

homepage of its website or, if a local authority does not have a

website, then on the website of a statewide road association of which

it is a member:

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

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

and streets to which the seasonal restrictions apply.

     (9) The state transportation department for roads under its

jurisdiction and a county road commission for roads under its

jurisdiction may grant exemptions from seasonal weight restrictions

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

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

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

application. If a request is denied, the written notice shall state

the reason for denial and alternate routes for which the permit may

be issued. The applicant may appeal to the state transportation

commission or the county road commission. These exemptions do not

apply on county roads in counties that have negotiated agreements

with milk haulers or haulers of other commodities during periods of

seasonal load limits before April 14, 1993. This subsection does not

limit the ability of these counties to continue to negotiate such

agreements.

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

with respect to highways under its jurisdiction, may suspend the

restrictions imposed by this section when and where conditions of the

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

and impose the restricted loading requirements of this section on

 

designated highways at any other time that the conditions of the highway

require.

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

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

loads shall be determined by weighing individual axles or groups of

axles, and the total weight on all the axles shall be the gross vehicle

weight. In addition, the gross axle weight shall be determined by

weighing individual axles or by weighing a group of axles and dividing

the gross weight of the group of axles by the number of axles in the

group. For purposes of subsection (12), the overall gross weight on a

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

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

group shall be the overall gross weight of the group.

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

highways, and the state transportation department, or a local authority

with respect to highways under its jurisdiction, may designate a highway,

or a section of a highway, for the operation of vehicles having a gross

vehicle weight of not more than 80,000 pounds that are subject to the

following load maximums:

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

tolerances.

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

enforcement tolerances.

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

axles equaling:

 

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

 

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

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

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

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

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

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

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

shall not exceed 80,000 pounds including all enforcement tolerances.

Except for 5 axle truck tractor, semitrailer combinations having 2

consecutive sets of tandem axles, vehicles having a gross weight in

excess of 80,000 pounds or in excess of the vehicle gross weight

determined by application of the formula in this subsection are

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

used in this subsection, "tandem axle weight" means the total weight

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

of which may be included between parallel transverse vertical planes

spaced more than 40 inches but not more than 96 inches apart,

extending across the full width of the vehicle. Except as otherwise

provided in this section, vehicles transporting agricultural

commodities shall have weight load maximums as set forth in this

 

subsection.

     (13) The axle loading maximums under subsections (1), (2), (3),

and (4) are increased by 10% for vehicles transporting solid waste or

agricultural commodities or raw timber, excluding farm equipment and

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

delivery on a road in this state. However, the axle loading maximums

as increased under this subsection do not alter the gross vehicle

weight restrictions set forth in this act. This subsection does not

apply to either of the following:

     (a) A vehicle utilizing an interstate highway.

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

restrictions under subsection (8) during the time that the seasonal

weight restrictions are in effect.

     (14) As used in this section:

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

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

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

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

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

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

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

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

for agricultural use. The term does not include trees or lumber.

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

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

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

whether or not a public official has declared an emergency.

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

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

enclosed structure, or more than 1 edifice, silo, tank, bin, crib,

interstice, or protected enclosed structure located contiguous to each

other.

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

a crop.

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

of the public service commission or a transmission company.

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

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

utility.

     (f) "Solid waste" means that term as defined in section 11506 of

the natural resources and environmental protection act, 1994 PA 451, MCL

324.11506.

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

transmission company or an independent transmission company as those

terms are defined in section 2 of the electric transmission line

certification act, 1995 PA 30, MCL 460.562.>>

     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 4,000 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.

 

     Sec. 907. (1) A violation of this act, or a local ordinance

 

substantially corresponding to a provision of this act, that is

 

designated a civil infraction shall not be considered a lesser

 

included offense of a criminal offense.

 

     (2) If a person is determined under sections 741 to 750 to be

 

responsible or responsible "with explanation" for a civil

 

infraction under this act or a local ordinance substantially

 

corresponding to a provision of this act, the judge or district

 

court magistrate may order the person to pay a civil fine of not

 

more than $100.00 and costs as provided in subsection (4). However,

 

beginning October 31, 2010, if the civil infraction was a moving

 

violation that resulted in an at-fault collision with another

 

vehicle, a person, or any other object, the civil fine ordered

 

under this section shall be increased by $25.00 but the total civil

 

fine shall not exceed $100.00. However, for a violation of section

 

602b, the person shall be ordered to pay costs as provided in

 

subsection (4) and a civil fine of $100.00 for a first offense and

 

$200.00 for a second or subsequent offense. For a violation of

 

section 674(1)(s) or a local ordinance substantially corresponding

 

to section 674(1)(s), the person shall be ordered to pay costs as

 

provided in subsection (4) and a civil fine of not less than

 

$100.00 or more than $250.00. For a violation of section 676c, the

 

person shall be ordered to pay costs as provided in subsection (4)

 

and a civil fine of $1,000.00. For a violation of section 328, the

 

civil fine ordered under this subsection shall be not more than

 

$50.00. For a violation of section 710d, the civil fine ordered

 

under this subsection shall not exceed $10.00, subject to

 

subsection (12). For a violation of section 710e, the civil fine

 

and court costs ordered under this subsection shall be $25.00. For

 

a violation of section 682 or a local ordinance substantially

 

corresponding to section 682, the person shall be ordered to pay

 

costs as provided in subsection (4) and a civil fine of not less

 

than $100.00 or more than $500.00. For a violation of section 240,

 

the civil fine ordered under this subsection shall be $15.00. For a

 

violation of section 252a(1), the civil fine ordered under this

 

subsection shall be $50.00. For a violation of section 676a(3), the

 

civil fine ordered under this section shall be not more than

 

$10.00. For a first violation of section 319f(1), the civil fine

 

ordered under this section shall be not less than $2,500.00 or more

 

than $2,750.00; for a second or subsequent violation, the civil

 

fine shall be not less than $5,000.00 or more than $5,500.00. For a

 

violation of section 319g(1)(a), the civil fine ordered under this

 

section shall be not more than $10,000.00. For a violation of

 

section 319g(1)(g), the civil fine ordered under this section shall

 

be not less than $2,750.00 or more than $25,000.00. For a violation

 

of section 719(7), the civil fine ordered under this subsection

 

shall be not more than $500.00. Permission may be granted for

 

payment of a civil fine and costs to be made within a specified

 

period of time or in specified installments, but unless permission

 

is included in the order or judgment, the civil fine and costs

 

shall be payable immediately.

 

     (3) Except as provided in this subsection and section 719(7),

 

if a person is determined to be responsible or responsible "with

 

explanation" for a civil infraction under this act or a local

 

ordinance substantially corresponding to a provision of this act

 

while driving a commercial motor vehicle, he or she shall be

 

ordered to pay costs as provided in subsection (4) and a civil fine

 

of not more than $250.00.

 

     (4) If a civil fine is ordered under subsection (2) or (3),

 

the judge or district court magistrate shall summarily tax and

 

determine the costs of the action, which are not limited to the

 

costs taxable in ordinary civil actions, and may include all

 

expenses, direct and indirect, to which the plaintiff has been put

 

in connection with the civil infraction, up to the entry of

 

judgment. Costs shall not be ordered in excess of $100.00. A civil

 

fine ordered under subsection (2) or (3) shall not be waived unless

 

costs ordered under this subsection are waived. Except as otherwise

 

provided by law, costs are payable to the general fund of the

 

plaintiff.

 

     (5) In addition to a civil fine and costs ordered under

 

subsection (2) or (3) and subsection (4) and the justice system

 

assessment ordered under subsection (13), the judge or district

 

court magistrate may order the person to attend and complete a

 

program of treatment, education, or rehabilitation.

 

     (6) A district court magistrate shall impose the sanctions

 

permitted under subsections (2), (3), and (5) only to the extent

 

expressly authorized by the chief judge or only judge of the

 

district court district.

 

     (7) Each district of the district court and each municipal

 

court may establish a schedule of civil fines, costs, and

 

assessments to be imposed for civil infractions that occur within

 

the respective district or city. If a schedule is established, it

 

shall be prominently posted and readily available for public

 

inspection. A schedule need not include all violations that are

 

designated by law or ordinance as civil infractions. A schedule may

 

exclude cases on the basis of a defendant's prior record of civil

 

infractions or traffic offenses, or a combination of civil

 

infractions and traffic offenses.

 

     (8) The state court administrator shall annually publish and

 

distribute to each district and court a recommended range of civil

 

fines and costs for first-time civil infractions. This

 

recommendation is not binding upon the courts having jurisdiction

 

over civil infractions but is intended to act as a normative guide

 

for judges and district court magistrates and a basis for public

 

evaluation of disparities in the imposition of civil fines and

 

costs throughout the state.

 

     (9) If a person has received a civil infraction citation for

 

defective safety equipment on a vehicle under section 683, the

 

court shall waive a civil fine, costs, and assessments upon receipt

 

of certification by a law enforcement agency that repair of the

 

defective equipment was made before the appearance date on the

 

citation.

 

     (10) A default in the payment of a civil fine or costs ordered

 

under subsection (2), (3), or (4) or a justice system assessment

 

ordered under subsection (13), or an installment of the fine,

 

costs, or assessment, may be collected by a means authorized for

 

the enforcement of a judgment under chapter 40 of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or

 

under chapter 60 of the revised judicature act of 1961, 1961 PA

 

236, MCL 600.6001 to 600.6098.

 

     (11) If a person fails to comply with an order or judgment

 

issued under this section within the time prescribed by the court,

 

the driver's license of that person shall be suspended under

 

section 321a until full compliance with that order or judgment

 

occurs. In addition to this suspension, the court may also proceed

 

under section 908.

 

     (12) The court may waive any civil fine, cost, or assessment

 

against a person who received a civil infraction citation for a

 

violation of section 710d if the person, before the appearance date

 

on the citation, supplies the court with evidence of acquisition,

 

purchase, or rental of a child seating system meeting the

 

requirements of section 710d.

 

     (13) In addition to any civil fines or costs ordered to be

 

paid under this section, the judge or district court magistrate

 

shall order the defendant to pay a justice system assessment of

 

$40.00 for each civil infraction determination, except for a

 

parking violation or a violation for which the total fine and costs

 

imposed are $10.00 or less. Upon payment of the assessment, the

 

clerk of the court shall transmit the assessment collected to the

 

state treasury to be deposited into the justice system fund created

 

in section 181 of the revised judicature act of 1961, 1961 PA 236,

 

MCL 600.181. An assessment levied under this subsection is not a

 

civil fine for purposes of section 909.

 

     (14) If a person has received a citation for a violation of

 

section 223, the court shall waive any civil fine, costs, and

 

assessment, upon receipt of certification by a law enforcement

 

agency that the person, before the appearance date on the citation,

 

produced a valid registration certificate that was valid on the

 

date the violation of section 223 occurred.

 

     (15) If a person has received a citation for a violation of

 

section 328(1) for failing to produce a certificate of insurance

 

under section 328(2), the court may waive the fee described in

 

section 328(3)(c) and shall waive any fine, costs, and any other

 

fee or assessment otherwise authorized under this act upon receipt

 

of verification by the court that the person, before the appearance

 

date on the citation, produced valid proof of insurance that was in

 

effect at the time the violation of section 328(1) occurred.

 

Insurance obtained subsequent to the time of the violation does not

 

make the person eligible for a waiver under this subsection.

 

     (16) As used in this section, "moving violation" means an act

 

or omission prohibited under this act or a local ordinance

 

substantially corresponding to this act that involves the operation

 

of a motor vehicle and for which a fine may be assessed.

 

     Sec. 909. (1) Except as provided in subsection subsections (2)

 

and (3), a civil fine which that is ordered under section 907 for a

 

violation of this act or other state statute shall be exclusively

 

applied to the support of public libraries and county law libraries

 

in the same manner as is provided by law for penal fines assessed

 

and collected for violation of a penal law of the this state. A

 

civil fine ordered for a violation of a code or ordinance of a

 

local authority regulating the operation of commercial motor

 

vehicles and substantially corresponding to a provision of this act

 

shall be paid to the county treasurer and shall be allocated as

 

follows:

 

     (a) Seventy percent to the local authority in which the

 

citation is issued.

 

     (b) Thirty percent for library purposes as provided by law.

 

     (2) Subsection (1) is intended to maintain a source of revenue

 

for public libraries which that previously received penal fines for

 

misdemeanor violations of this act which that are now civil

 

infractions.

 

     (3) Fifty percent of a civil fine ordered under section 719(7)

 

or 724(3) shall be distributed to the Michigan transportation fund

 

created in section 10 of 1951 PA 51, MCL 247.660.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.