Bill Text: MI HB6073 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Traffic control; traffic regulation; traffic fines for overweight and oversized vehicles; increase, and make other revisions. Amends secs. 719, 722, 724, 907 & 909 of 1949 PA 300 (MCL 257.719 et seq.).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-05-29 - Bill Electronically Reproduced 05/24/2018 [HB6073 Detail]

Download: Michigan-2017-HB6073-Introduced.html

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HOUSE BILL No. 6073

 

 

May 24, 2018, Introduced by Rep. Kosowski and referred to the Committee on Transportation and Infrastructure.

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

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

 

257.722, 257.724, 257.907, and 257.909), section 719 as amended by

 

2018 PA 35, section 722 as amended by 2017 PA 80, section 724 as

 

amended by 2016 PA 450, section 907 as amended by 2015 PA 126, and

 

section 909 as amended by 2000 PA 94.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 719. (1) A vehicle unloaded or with load shall not exceed

 

 2  a height of 13 feet 6 inches. The owner of a vehicle that collides

 

 3  with a lawfully established bridge or viaduct is liable for all

 

 4  damage and injury resulting from a collision caused by the height

 

 5  of the vehicle, whether the clearance of the bridge or viaduct is

 

 6  posted or not.

 

 1        (2) Lengths described in this subsection shall be known as the

 

 2  normal length maximum. Except as provided in subsection (3), the

 

 3  following vehicles and combinations of vehicles shall not be

 

 4  operated on a highway in this state in excess of these lengths:

 

 5        (a) Subject to subsection (9), any single vehicle: 40 feet; a

 

 6  crib vehicle on which logs are loaded lengthwise of the vehicle:

 

 7  42.5 feet; any single bus or motor home: 45 feet.

 

 8        (b) Articulated buses: 65 feet.

 

 9        (c) Notwithstanding any other provision of this section, a

 

10  combination of a truck and semitrailer or trailer, or a truck

 

11  tractor, semitrailer, and trailer, or truck tractor and semitrailer

 

12  or trailer, designed and used exclusively to transport assembled

 

13  motor vehicles or bodies, recreational vehicles, or boats: 65 feet.

 

14  A combination of a truck and semitrailer or trailer, or a truck

 

15  tractor, semitrailer, and trailer, or a truck tractor and

 

16  semitrailer or trailer designed and used to transport boats from

 

17  the manufacturer: 75 feet. A stinger-steered combination: 80 feet.

 

18  The load on the combinations of vehicles described in this

 

19  subdivision may extend an additional 3 feet beyond the front and 4

 

20  feet beyond the rear of the combinations of vehicles, except that

 

21  the load on a stinger-steered combination may extend an additional

 

22  4 feet beyond the front and 6 feet beyond the rear. Retractable

 

23  extensions used to support and secure the load that do not extend

 

24  beyond the allowable overhang for the front and rear shall not be

 

25  included in determining length of a loaded vehicle or vehicle

 

26  combination.

 

27        (d) Truck tractor and semitrailer combinations: no overall

 1  length, the semitrailer: 50 feet.

 

 2        (e) Except as provided in subdivision (j), truck and

 

 3  semitrailer or trailer: 59 feet.

 

 4        (f) Except as provided in subdivisions (g) and (k), truck

 

 5  tractor, semitrailer, and trailer, or truck tractor and 2

 

 6  semitrailers: 59 feet.

 

 7        (g) A truck tractor, semitrailer, and trailer, or a truck

 

 8  tractor and 2 semitrailers, in which no semitrailer or trailer is

 

 9  more than 28-1/2 feet long: 65 feet. This subdivision only applies

 

10  while the vehicle is being used for a business purpose reasonably

 

11  related to picking up or delivering a load and only if each

 

12  semitrailer or trailer is equipped with a device or system capable

 

13  of mechanically dumping construction materials or dumping

 

14  construction materials by force of gravity.

 

15        (h) More than 1 motor vehicle, wholly or partially assembled,

 

16  in combination, utilizing 1 tow bar or 3 saddle mounts with full

 

17  mount mechanisms and utilizing the motive power of 1 of the

 

18  vehicles in combination: 55 feet.

 

19        (i) A recreational vehicle that has its own motive power, in

 

20  combination with a trailer: 65 feet or, if the operator of the

 

21  recreational vehicle has a group commercial motor vehicle

 

22  designation on his or her operator's or chauffeur's license, 75

 

23  feet.

 

24        (j) Truck and trailer combinations designed and used to

 

25  transport agricultural drainage tubing: 75 feet.

 

26        (k) A towaway trailer transporter combination: 82 feet. As

 

27  used in this subdivision, "towaway trailer transportation

 1  combination" means that term as defined in 49 USC 31111.

 

 2        (3) Notwithstanding subsection (2), the following vehicles and

 

 3  combinations of vehicles shall not be operated on a designated

 

 4  highway of this state in excess of these lengths:

 

 5        (a) Truck tractor and semitrailer combinations: no overall

 

 6  length limit, the semitrailer 53 feet. City, village, or county

 

 7  authorities may prohibit stops of vehicles with a semitrailer

 

 8  longer than 50 feet within their jurisdiction unless the stop

 

 9  occurs along appropriately designated routes, or is necessary for

 

10  emergency purposes or to reach shippers, receivers, warehouses, and

 

11  terminals along designated routes.

 

12        (b) Except as provided in subsection (2)(k), truck and

 

13  semitrailer or trailer combinations: 65 feet, except that a person

 

14  may operate a truck and semitrailer or trailer designed and used to

 

15  transport saw logs, pulpwood, and tree length poles that does not

 

16  exceed an overall length of 70 feet or a crib vehicle and

 

17  semitrailer or trailer designed and used to transport saw logs that

 

18  does not exceed an overall length of 75 feet. A crib vehicle and

 

19  semitrailer or trailer designed to and used to transport saw logs

 

20  shall not exceed a gross vehicle weight of 164,000 pounds. A person

 

21  may operate a truck tractor and semitrailer designed and used to

 

22  transport saw logs, pulpwood, and tree length wooden poles with a

 

23  load overhang to the rear of the semitrailer which does not exceed

 

24  6 feet if the semitrailer does not exceed 50 feet in length.

 

25        (c) Notwithstanding subsection (5)(d), a truck tractor with a

 

26  log slasher unit and a log saw unit: no overall limit if the length

 

27  of each unit does not exceed 28-1/2 feet, or the overall length of

 1  the log slasher unit and the log saw unit, as measured from the

 

 2  front of the first towed unit to the rear of the second towed unit

 

 3  while the units are coupled together, does not exceed 58 feet. The

 

 4  coupling devices of the truck tractor and units set forth in this

 

 5  subdivision shall meet the requirements established under the motor

 

 6  carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25.

 

 7        (d) Except as provided in subsection (2)(k), truck tractor and

 

 8  2 semitrailers, or truck tractor, semitrailer, and trailer

 

 9  combinations: no overall length limit, if the length of each

 

10  semitrailer or trailer does not exceed 28-1/2 feet each, or the

 

11  overall length of the semitrailer and trailer, or 2 semitrailers as

 

12  measured from the front of the first towed unit to the rear of the

 

13  second towed unit while the units are coupled together does not

 

14  exceed 58 feet.

 

15        (e) More than 1 motor vehicle, wholly or partially assembled,

 

16  in combination, utilizing 1 tow bar or 3 saddle mounts with full

 

17  mount mechanisms and utilizing the motive power of 1 of the

 

18  vehicles in combination: 97 feet.

 

19        (f) Truck tractor and lowboy semitrailer combinations: no

 

20  maximum overall length, if the lowboy semitrailer does not exceed

 

21  59 feet, except as otherwise permitted under this subdivision. A

 

22  lowboy semitrailer more than 59 feet in length shall not operate

 

23  with more than any combination of 4 axles on the lowboy unless an

 

24  oversized load permit is issued by the state transportation

 

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

 

26  jurisdiction. As used in this subdivision, "lowboy semitrailer"

 

27  means a flatbed semitrailer with a depressed section that has the

 1  specific purpose of being lowered and raised for loading and

 

 2  unloading.

 

 3        (4) Notwithstanding any other provision of this section, a

 

 4  combination of a truck and semitrailer, or truck tractor and

 

 5  semitrailer, used exclusively to transport assembled motor vehicles

 

 6  or bodies that have a trailer length of 53 feet may have a load

 

 7  that extends an additional 3 feet beyond the front of the trailer

 

 8  and 4 feet beyond the rear of the trailer. Retractable extensions

 

 9  used to support and secure the load that do not extend beyond the

 

10  allowable overhang for the front and rear shall not be included in

 

11  determining length of a loaded vehicle or vehicle combination. The

 

12  total overall length loaded of the combination of vehicles

 

13  described in this subsection shall not exceed 79 feet.

 

14        (5) The following combinations and movements are prohibited:

 

15        (a) A truck shall not haul more than 1 trailer or semitrailer,

 

16  and a truck tractor shall not haul more than 2 semitrailers or 1

 

17  semitrailer and 1 trailer in combination at any 1 time, except that

 

18  a farm tractor may haul 2 wagons or trailers, or garbage and refuse

 

19  haulers may, during daylight hours, haul up to 4 trailers for

 

20  garbage and refuse collection purposes, not exceeding in any

 

21  combination a total length of 55 feet and at a speed limit not to

 

22  exceed 15 miles per hour.

 

23        (b) A combination of vehicles or a vehicle shall not have more

 

24  than 11 axles, except when operating under a valid permit issued by

 

25  the state transportation department or a local authority with

 

26  respect to a highway under its jurisdiction.

 

27        (c) Any combination of vehicles not specifically authorized

 1  under this section is prohibited.

 

 2        (d) Except as provided in subsection (3)(c), a combination of

 

 3  2 semitrailers pulled by a truck tractor, unless each semitrailer

 

 4  uses a fifth wheel connecting assembly that conforms to the

 

 5  requirements of the motor carrier safety act of 1963, 1963 PA 181,

 

 6  MCL 480.11 to 480.25.

 

 7        (e) Except as provided in subsection (2)(c), a vehicle or a

 

 8  combination of vehicles shall not carry a load extending more than

 

 9  3 feet beyond the front of the lead vehicle.

 

10        (f) A vehicle described in subsections (2)(e) and (3)(e)

 

11  employing triple saddle mounts unless all wheels that are in

 

12  contact with the roadway have operating brakes.

 

13        (6) All combinations of vehicles under this section shall

 

14  employ connecting assemblies and lighting devices that are in

 

15  compliance with the motor carrier safety act of 1963, 1963 PA 181,

 

16  MCL 480.11 to 480.25.

 

17        (7) The total gross weight of a truck tractor, semitrailer,

 

18  and trailer combination or a truck tractor and 2 semitrailers

 

19  combination that exceeds 59 feet in length shall not exceed a ratio

 

20  of 400 pounds per engine net horsepower delivered to clutch or its

 

21  equivalent specified in the handbook published by the Society of

 

22  Automotive Engineers, Inc. (SAE), 1977 edition.

 

23        (8) A person who violates this section is responsible for a

 

24  civil infraction and shall pay a civil fine of not more than

 

25  $500.00. The owner of the vehicle may be charged with a violation

 

26  of this section.

 

27        (9) The provisions in subsections (2)(a) and (3)(b)

 1  prescribing the length of a crib vehicle on which logs are loaded

 

 2  lengthwise do not apply unless 23 USC 127(d) is amended to allow

 

 3  crib vehicles carrying logs to be loaded as described in this

 

 4  section.

 

 5        (10) As used in this section:

 

 6        (a) "Designated highway" means a highway approved by the state

 

 7  transportation department or a local authority with respect to a

 

 8  highway under its jurisdiction.

 

 9        (b) "Length" means the total length of a vehicle, or

 

10  combination of vehicles, including any load the vehicle is

 

11  carrying. Length does not include devices described in 23 CFR

 

12  658.16 and 23 CFR part 658, appendix D, 23 CFR 658.16 and 23 CFR

 

13  part 658, appendix D, as on file with the secretary of state are

 

14  adopted by reference. A safety or energy conservation device shall

 

15  be excluded from a determination of length only if it is not

 

16  designed or used for the carrying of cargo, freight, or equipment.

 

17  Semitrailers and trailers shall be measured from the front vertical

 

18  plane of the foremost transverse load supporting structure to the

 

19  rearmost transverse load supporting structure. Vehicle components

 

20  not excluded by law shall be included in the measurement of the

 

21  length, height, and width of the vehicle.

 

22        (c) "Stinger-steered combination" means a truck tractor and

 

23  semitrailer combination in which the fifth wheel is located on a

 

24  drop frame located behind and below the rearmost axle of the power

 

25  unit.

 

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

 

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

 1  designated in the following provisions that prescribe the distance

 

 2  between axles:

 

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

 

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

 

 5  equipped with high pressure pneumatic or balloon tires.

 

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

 

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

 

 8  13,000 pounds for high pressure pneumatic or balloon tires.

 

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

 

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

 

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

 

12  normal loading maximum.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

20  any axle of the assembly.

 

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

 

22  assembly is permitted on the designated highways at the gross

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

12  commodities between the national truck network or special

 

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

 

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

 

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

 

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

 

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

 

18  subsection does not apply during that period when reduced maximum

 

19  loads are in effect under subsection (8).

 

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

 

21  the loading maximums and gross vehicle weight requirement of

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

 3  following:

 

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

 

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

 

 6  up or delivers the agricultural commodities during which the load

 

 7  may be delivered or picked up.

 

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

 

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

 

10  parties.

 

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

 

12  the loading maximums and gross vehicle weight requirements of

 

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

 

14  following circumstances:

 

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

 

16  follows:

 

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

 

18  utility or its subcontractor shall notify the county road

 

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

 

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

 

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

 

22  the loading maximums and gross vehicle weight requirements of

 

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

 

24  may be made via facsimile or electronically.

 

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

 

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

 

27  a speed not greater than 35 miles per hour.

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

 

 2  as follows:

 

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

 

 4  or its subcontractor shall apply to the county road commission

 

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

 

 6  before seasonal weight restrictions are effective. The county road

 

 7  commission shall issue a seasonal truck permit for each public

 

 8  utility vehicle or vehicle configuration the public utility or

 

 9  subcontractor anticipates will be utilized for nonemergency public

 

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

 

11  seasonal truck permit that does not exceed the administrative costs

 

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

 

13  all of the following:

 

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

 

15  subcontractor during which the permit is valid.

 

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

 

17  vehicle configuration to be covered on the seasonal truck permit

 

18  requested by the public utility or subcontractor.

 

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

 

20  weight restrictions will be minimized and only utilized when

 

21  necessary to perform public utility work using the public utility

 

22  vehicle or vehicle configuration and that nonrestricted roads shall

 

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

 

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

 

25  permit is only valid while the subcontractor vehicle is being

 

26  operated in the performance of public utility work.

 

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

 1  configuration shall display signage on the outside of the vehicle

 

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

 

 3  utility.

 

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

 

 5  county road commission shall provide a notification application for

 

 6  the public utility or its subcontractor to use when requesting

 

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

 

 8  subcontractor shall provide notification to the county road

 

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

 

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

 

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

 

12  notification provided to a county road commission in the

 

13  subcontractor's possession while performing the relevant

 

14  nonemergency work. Notwithstanding this subsection or an agreement

 

15  under this subsection, if the county road commission determines

 

16  that the condition of a particular road under its jurisdiction

 

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

 

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

 

19  communicated via facsimile or electronically to the public utility

 

20  or its subcontractor within 24 hours after receiving notification

 

21  that the public utility or subcontractors intends to perform

 

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

 

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

 

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

 

25  notification application required under this subparagraph may

 

26  include all of the following information:

 

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

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

 

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

 

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

 

 4  to the nonemergency work site or sites.

 

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

 

 6  behalf the subcontractor is performing services.

 

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

 

 8  published by the manufacturers, and the maximum wheel load

 

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

 

10  width of tire.

 

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

 

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

 

13  maximum axle load allowable on concrete pavements or pavements with

 

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

 

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

 

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

 

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

 

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

 

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

 

20  roads during the period the seasonal road restrictions are in

 

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

 

22  to vehicles transporting agricultural commodities or, subject to

 

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

 

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

 

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

 

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

 

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

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

 

 2  each local authority with highways and streets under its

 

 3  jurisdiction to which the seasonal restrictions prescribed under

 

 4  this subsection apply shall post all of the following information

 

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

 

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

 

 7  of which it is a member:

 

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

 

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

 

10  highways and streets to which the seasonal restrictions apply.

 

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

 

12  jurisdiction and a county road commission for roads under its

 

13  jurisdiction may grant exemptions from seasonal weight restrictions

 

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

 

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

 

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

 

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

 

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

 

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

 

20  transportation commission or the county road commission. These

 

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

 

22  negotiated agreements with milk haulers or haulers of other

 

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

 

24  1993. This subsection does not limit the ability of these counties

 

25  to continue to negotiate such agreements.

 

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

 

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

 1  restrictions imposed by this section when and where conditions of

 

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

 

 3  suspension, and impose the restricted loading requirements of this

 

 4  section on designated highways at any other time that the

 

 5  conditions of the highway require.

 

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

 

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

 

 8  and loads shall be determined by weighing individual axles or

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

17  gross weight of the group.

 

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

 

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

 

20  local authority with respect to highways under its jurisdiction,

 

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

 

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

 

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

 

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

 

25  enforcement tolerances.

 

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

 

27  enforcement tolerances.

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

 

 2  consecutive axles equaling:

 

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

12  tolerances. Except for 5 axle truck tractor, semitrailer

 

13  combinations having 2 consecutive sets of tandem axles, vehicles

 

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

 

15  the vehicle gross weight determined by application of the formula

 

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

 

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

 

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

 

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

 

20  between parallel transverse vertical planes spaced more than 40

 

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

 

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

 

23  vehicles transporting agricultural commodities shall have weight

 

24  load maximums as set forth in this subsection.

 

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

 

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

 

 1  waste, agricultural commodities, or raw timber, excluding farm

 

 2  equipment and fuel, from the place of harvest or farm storage to

 

 3  the first point of delivery on a road in this state. However, the

 

 4  axle loading maximums as increased under this subsection do not

 

 5  alter the gross vehicle weight restrictions set forth in this act.

 

 6  This subsection does not apply to either of the following:

 

 7        (a) A vehicle utilizing an interstate highway.

 

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

 

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

 

10  seasonal weight restrictions are in effect.

 

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

 

12  vehicle that has a gross weight of 80,000 pounds or less and that

 

13  is operated by an engine that is fueled wholly or partially by

 

14  compressed or liquefied natural gas may exceed the axle loading

 

15  maximums under subsections (1), (2), (3), and (4) and the weight

 

16  load maximums under subsection (12) by an amount equal to the

 

17  difference between the weight of the vehicle attributable to the

 

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

 

19  weight of a comparable diesel tank and fueling system. The amount

 

20  by which a vehicle described in this subsection may exceed the axle

 

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

 

22  weight load maximums under subsection (12) shall not exceed 2,000

 

23  pounds.

 

24        (15) As used in this section:

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

 7  not include trees or lumber.

 

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

 

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

 

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

 

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

 

12  emergency.

 

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

 

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

 

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

 

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

 

17  contiguous to each other.

 

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

 

19  storing a crop.

 

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

 

21  jurisdiction of the public service commission or a transmission

 

22  company.

 

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

 

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

 

25  public utility.

 

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

 

27  of the natural resources and environmental protection act, 1994 PA

 1  451, MCL 324.11506.

 

 2        (g) (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.

 

 6        Sec. 724. (1) A police officer, a peace officer, or an

 

 7  authorized agent of the state transportation department or a county

 

 8  road commission having reason to believe that the weight of a

 

 9  vehicle and load is unlawful may require the driver to stop and

 

10  submit to a weighing of the vehicle by either portable or

 

11  stationary scales approved and sealed as a legal weighing device by

 

12  a qualified person using testing equipment certified or approved by

 

13  the department of agriculture and rural development as a legal

 

14  weighing device and may require that the vehicle be driven to the

 

15  nearest weigh station of the state transportation department for

 

16  the purpose of allowing a police officer, peace officer, or agent

 

17  of the state transportation department or county road commission to

 

18  determine whether the vehicle is loaded in conformity with this

 

19  chapter.

 

20        (2) When the officer or agent, upon weighing a vehicle and

 

21  load, determines that the weight is unlawful, the officer or agent

 

22  may require the driver to stop the vehicle in a suitable place and

 

23  remain standing until that portion of the load is shifted or

 

24  removed as necessary to reduce the gross axle load weight of the

 

25  vehicle to the limit permitted under this chapter. All material

 

26  unloaded as provided under this subsection shall be cared for by

 

27  the owner or operator of the vehicle at the risk of the owner or

 1  operator. A judge or magistrate imposing a civil fine and costs

 

 2  under this section that are not paid in full immediately or for

 

 3  which a bond is not immediately posted in the amount of the civil

 

 4  fine and costs shall order the driver or owner to move the vehicle

 

 5  at the driver's own risk to a place of safekeeping within the

 

 6  jurisdiction of the judge or magistrate, inform the judge or

 

 7  magistrate in writing of the place of safekeeping, and keep the

 

 8  vehicle until the fine and costs are paid or sufficient bond is

 

 9  furnished or until the judge or magistrate is satisfied that the

 

10  fine and costs will be paid. The officer or agent who has

 

11  determined, after weighing a vehicle and load, that the weight is

 

12  unlawful, may require the driver to proceed to a judge or

 

13  magistrate within the county. If the judge or magistrate is

 

14  satisfied that the probable civil fine and costs will be paid by

 

15  the owner or lessee, the judge or magistrate may allow the driver

 

16  to proceed, after the load is made legal. If the judge or

 

17  magistrate is not satisfied that the owner or lessee, after a

 

18  notice and a right to be heard on the merits is given, will pay the

 

19  amount of the probable civil fine and costs, the judge or

 

20  magistrate may order the vehicle to be impounded until trial on the

 

21  merits is completed under conditions set forth in this section for

 

22  the impounding of vehicles after the civil fine and costs have been

 

23  imposed. Removal of the vehicle, and forwarding, care, or

 

24  preservation of the load shall be under the control of and at the

 

25  risk of the owner or driver. Vehicles impounded shall be subject to

 

26  a lien, subject to a prior valid bona fide lien of prior record, in

 

27  the amount of the civil fine and costs and if the civil fine and

 1  costs are not paid within 90 days after the seizure, the judge or

 

 2  magistrate shall certify the unpaid judgment to the prosecuting

 

 3  attorney of the county in which the violation occurred, who shall

 

 4  proceed to enforce the lien by foreclosure sale in accordance with

 

 5  procedure authorized in the case of chattel mortgage foreclosures.

 

 6  When the duly authorized agent of the state transportation

 

 7  department or county road commission is performing duties under

 

 8  this chapter, the agent has all the powers conferred upon peace

 

 9  officers by the general laws of this state.

 

10        (3) Subject to subsection (4), an owner of a vehicle or a

 

11  lessee of the vehicle of an owner-operator, or other person, who

 

12  causes or allows a vehicle to be loaded and driven or moved on a

 

13  highway when the weight of that vehicle violates section 722 is

 

14  responsible for a civil infraction and shall pay a civil fine in an

 

15  amount equal to 3 6 cents per pound for each pound of excess load

 

16  over 1,000 pounds when the excess is 2,000 pounds or less; 6 12

 

17  cents per pound of excess load when the excess is over 2,000 pounds

 

18  but not over 3,000 pounds; 9 18 cents per pound for each pound of

 

19  excess load when the excess is over 3,000 pounds but not over 4,000

 

20  pounds; 12 24 cents per pound for each pound of excess load when

 

21  the excess is over 4,000 pounds but not over 5,000 pounds; 15 30

 

22  cents per pound for each pound of excess load when the excess is

 

23  over 5,000 pounds but not over 10,000 pounds; and 20 40 cents per

 

24  pound for each pound of excess load when the excess is over 10,000

 

25  pounds. If a person operates a vehicle in violation of increased

 

26  axle loading maximums provided for under section 722(13), the owner

 

27  or lessee of the vehicle is responsible for a civil infraction and

 1  shall pay the civil fine under this subsection that applies to the

 

 2  amount of weight by which the vehicle exceeds the original loading

 

 3  maximum.

 

 4        (4) If the court determines that the motor vehicle or the

 

 5  combination of vehicles was operated in violation of this section,

 

 6  the court shall impose a fine as follows:

 

 7        (a) If the court determines that the motor vehicle or the

 

 8  combination of vehicles was operated in such a manner that the

 

 9  gross weight of the vehicle or the combination of vehicles would

 

10  not be lawful by a proper distribution of the load upon all the

 

11  axles of the vehicle or the combination of vehicles, the court

 

12  shall impose a fine for the violation according to the schedule

 

13  provided for in subsection (3).

 

14        (b) If the court determines that the motor vehicle or the

 

15  combination of vehicles would be lawful by a proper distribution of

 

16  the load upon all of the axles of the vehicle or the combination of

 

17  vehicles, but that 1 or more axles of the vehicle exceeded the

 

18  maximum allowable axle weight by more than 1,000 pounds but less

 

19  than 4,000 pounds, the court shall impose a misload fine of $200.00

 

20  per axle. Not more than 3 axles shall be used in calculating the

 

21  fine to be imposed under this subdivision. This subdivision does

 

22  not apply to a vehicle subject to the maximum loading provisions of

 

23  section 722(12) or to a vehicle for which a fine as calculated

 

24  under the schedule in subsection (3) would be less than the fine as

 

25  calculated under this subsection.

 

26        (c) If the court determines that the motor vehicle or the

 

27  combination of vehicles would meet the loading conditions specified

 1  in a special permit that was issued under section 725 by a proper

 

 2  distribution of the load upon all of the axles of the vehicle or

 

 3  the combination of vehicles, but that 1 or more axles of the

 

 4  vehicle exceeded the permitted axle weight by 1,000 pounds or less,

 

 5  the court shall impose a misload fine of $200.00 per axle. If the

 

 6  court determines that the motor vehicle or the combination of

 

 7  vehicles would meet the loading conditions specified in a special

 

 8  permit that was issued under section 725 by a proper distribution

 

 9  of the load upon all of the axles of the vehicle or the combination

 

10  of vehicles, but that 1 or more axles of the vehicle exceeded the

 

11  permitted axle weight by more than 1,000 pounds, the court shall

 

12  impose a fine for the violation according to the schedule provided

 

13  in subsection (3) for the amount of pounds exceeding the permitted

 

14  axle weight. Not more than 3 axles shall be used in calculating the

 

15  fine to be imposed under this subdivision. If the court determines

 

16  that the load was misloaded, the conditions of the special permit

 

17  remain valid. The imposition of a fine does not void the special

 

18  permit.

 

19        (d) If the court determines that the motor vehicle or the

 

20  combination of vehicles would be lawful by a proper distribution of

 

21  the load upon all of the axles of the vehicle or the combination of

 

22  vehicles, but that 1 or more axles of the vehicle exceeded the

 

23  permitted axle weight by at least 4,000 pounds but no more than

 

24  8,000 pounds, the court shall impose a misload fine of $400.00 per

 

25  axle. Not more than 3 axles shall be used in calculating the fine

 

26  to be imposed under this subdivision.

 

27        (e) If the court determines that the motor vehicle or the

 1  combination of vehicles would be lawful by a proper distribution of

 

 2  the load upon all of the axles of the vehicle or the combination of

 

 3  vehicles, but that 1 or more axles of the vehicle exceeded the

 

 4  permitted axle weight by more than 8,000 pounds, the court shall

 

 5  impose a fine for the violation according to the schedule provided

 

 6  in subsection (3).

 

 7        (5) A driver or owner of a commercial vehicle with other

 

 8  vehicles or trailers in combination, a truck or truck tractor, a

 

 9  truck or truck tractor with other vehicles in combination, or any

 

10  special mobile equipment who fails to stop at or bypasses any

 

11  scales or weighing station is guilty of a misdemeanor.

 

12        (6) An agent or authorized representative of the state

 

13  transportation department or a county road commission shall not

 

14  stop a truck or vehicle in movement upon a road or highway within

 

15  the state for any purpose, unless the agent or authorized

 

16  representative is driving a duly marked vehicle, clearly showing

 

17  and denoting the branch of government represented.

 

18        (7) A driver or owner of a vehicle who knowingly fails to stop

 

19  when requested or ordered to do so and submit to a weighing by a

 

20  police officer, a peace officer, or an authorized agent of the

 

21  state transportation department, or a representative or agent of a

 

22  county road commission, authorized to require the driver to stop

 

23  and submit to a weighing of the vehicle and load by means of a

 

24  portable scale, is guilty of a misdemeanor punishable by

 

25  imprisonment for not more than 90 days or a fine of not more than

 

26  $100.00, or both. A driver or person who dumps his or her load when

 

27  ordered to submit to a weigh or who otherwise attempts to commit or

 1  commits an act to avoid a vehicle weigh is in violation of this

 

 2  section.

 

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

 

 4  substantially corresponding to a provision of this act, that is

 

 5  designated a civil infraction shall not be considered a lesser

 

 6  included offense of a criminal offense.

 

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

 

 8  responsible or responsible "with explanation" for a civil

 

 9  infraction under this act or a local ordinance substantially

 

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

 

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

 

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

 

13  if the civil infraction was a moving violation that resulted in an

 

14  at-fault collision with another vehicle, a person, or any other

 

15  object, the civil fine ordered under this section shall be

 

16  increased by $25.00 but the total civil fine shall not exceed

 

17  $100.00. However, for a violation of section 602b, the person shall

 

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

 

19  fine of $100.00 for a first offense and $200.00 for a second or

 

20  subsequent offense. For a violation of section 674(1)(s) or a local

 

21  ordinance substantially corresponding to section 674(1)(s), the

 

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

 

23  and a civil fine of not less than $100.00 or more than $250.00. For

 

24  a violation of section 676c, the person shall be ordered to pay

 

25  costs as provided in subsection (4) and a civil fine of $1,000.00.

 

26  For a violation of section 328, the civil fine ordered under this

 

27  subsection shall be not more than $50.00. For a violation of

 1  section 710d, the civil fine ordered under this subsection shall

 

 2  not exceed $10.00, subject to subsection (12). For a violation of

 

 3  section 710e, the civil fine and court costs ordered under this

 

 4  subsection shall be $25.00. For a violation of section 682 or a

 

 5  local ordinance substantially corresponding to section 682, the

 

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

 

 7  and a civil fine of not less than $100.00 or more than $500.00. For

 

 8  a violation of section 240, the civil fine ordered under this

 

 9  subsection shall be $15.00. For a violation of section 252a(1), the

 

10  civil fine ordered under this subsection shall be $50.00. For a

 

11  violation of section 676a(3), the civil fine ordered under this

 

12  section shall be not more than $10.00. For a first violation of

 

13  section 319f(1), the civil fine ordered under this section shall be

 

14  not less than $2,500.00 or more than $2,750.00; for a second or

 

15  subsequent violation, the civil fine shall be not less than

 

16  $5,000.00 or more than $5,500.00. For a violation of section

 

17  319g(1)(a), the civil fine ordered under this section shall be not

 

18  more than $10,000.00. For a violation of section 319g(1)(g), the

 

19  civil fine ordered under this section shall be not less than

 

20  $2,750.00 or more than $25,000.00. For a violation of section 719,

 

21  the civil fine ordered under this subsection shall be not more than

 

22  $500.00. Permission may be granted for payment of a civil fine and

 

23  costs to be made within a specified period of time or in specified

 

24  installments, but unless permission is included in the order or

 

25  judgment, the civil fine and costs shall be payable immediately.

 

26        (3) Except as provided in this subsection and section 719(8),

 

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

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

 

 2  ordinance substantially corresponding to a provision of this act

 

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

 

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

 

 5  of not more than $250.00.

 

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

 

 7  the judge or district court magistrate shall summarily tax and

 

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

 

 9  costs taxable in ordinary civil actions, and may include all

 

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

 

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

 

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

 

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

 

14  costs ordered under this subsection are waived. Except as otherwise

 

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

 

16  plaintiff.

 

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

 

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

 

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

 

20  court magistrate may order the person to attend and complete a

 

21  program of treatment, education, or rehabilitation.

 

22        (6) A district court magistrate shall impose the sanctions

 

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

 

24  expressly authorized by the chief judge or only judge of the

 

25  district court district.

 

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

 

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

 1  assessments to be imposed for civil infractions that occur within

 

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

 

 3  shall be prominently posted and readily available for public

 

 4  inspection. A schedule need not include all violations that are

 

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

 

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

 

 7  infractions or traffic offenses, or a combination of civil

 

 8  infractions and traffic offenses.

 

 9        (8) The state court administrator shall annually publish and

 

10  distribute to each district and court a recommended range of civil

 

11  fines and costs for first-time civil infractions. This

 

12  recommendation is not binding upon the courts having jurisdiction

 

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

 

14  for judges and district court magistrates and a basis for public

 

15  evaluation of disparities in the imposition of civil fines and

 

16  costs throughout the state.

 

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

 

18  defective safety equipment on a vehicle under section 683, the

 

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

 

20  of certification by a law enforcement agency that repair of the

 

21  defective equipment was made before the appearance date on the

 

22  citation.

 

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

 

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

 

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

 

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

 

27  the enforcement of a judgment under chapter 40 of the revised

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

 

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

 

 3  236, MCL 600.6001 to 600.6098.

 

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

 

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

 

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

 

 7  section 321a until full compliance with that order or judgment

 

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

 

 9  under section 908.

 

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

 

11  against a person who received a civil infraction citation for a

 

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

 

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

 

14  purchase, or rental of a child seating system meeting the

 

15  requirements of section 710d.

 

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

 

17  paid under this section, the judge or district court magistrate

 

18  shall order the defendant to pay a justice system assessment of

 

19  $40.00 for each civil infraction determination, except for a

 

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

 

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

 

22  clerk of the court shall transmit the assessment collected to the

 

23  state treasury to be deposited into the justice system fund created

 

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

 

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

 

26  civil fine for purposes of section 909.

 

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

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

 

 2  assessment, upon receipt of certification by a law enforcement

 

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

 

 4  produced a valid registration certificate that was valid on the

 

 5  date the violation of section 223 occurred.

 

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

 

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

 

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

 

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

 

10  fee or assessment otherwise authorized under this act upon receipt

 

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

 

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

 

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

 

14  Insurance obtained subsequent to the time of the violation does not

 

15  make the person eligible for a waiver under this subsection.

 

16        (16) If a person is determined to be responsible or

 

17  responsible "with explanation" for a civil infraction under this

 

18  act or a local ordinance substantially corresponding to a provision

 

19  of this act and the civil infraction arises out of the ownership or

 

20  operation of a commercial quadricycle, he or she shall be ordered

 

21  to pay costs as provided in subsection (4) and a civil fine of not

 

22  more than $500.00.

 

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

 

24  or omission prohibited under this act or a local ordinance

 

25  substantially corresponding to this act that involves the operation

 

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

 

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

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

 

 2  violation of this act or other state statute shall be exclusively

 

 3  applied to the support of public libraries and county law libraries

 

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

 

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

 

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

 

 7  local authority regulating the operation of commercial motor

 

 8  vehicles and substantially corresponding to a provision of this act

 

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

 

10  follows:

 

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

 

12  citation is issued.

 

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

 

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

 

15  for public libraries which that previously received penal fines for

 

16  misdemeanor violations of this act which that are now civil

 

17  infractions.

 

18        (3) Fifty percent of a civil fine ordered under section 719(8)

 

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

 

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

 

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

 

22  after the date it is enacted into law.