Bill Text: MI SB0205 | 2011-2012 | 96th Legislature | Introduced

---

Bill Title: Traffic control; violations; weight restrictions during frost restriction periods; provide exemption for septage waste haulers. Amends sec. 722 of 1949 PA 300 (MCL 257.722).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2011-03-01 - Referred To Committee On Transportation [SB0205 Detail]

Download: Michigan-2011-SB0205-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 205

 

 

March 1, 2011, Introduced by Senators KOWALL and MARLEAU and referred to the Committee on Transportation.

 

 

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 722 (MCL 257.722), as amended by 2009 PA 146.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 722. (1) The maximum axle load shall not exceed the

 

 2  number of pounds designated in the following provisions that

 

 3  prescribe the distance between axles:

 

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

 

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

 

 6  equipped with high pressure pneumatic or balloon tires.

 

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

 

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

 

 9  13,000 pounds for high pressure pneumatic or balloon tires.

 

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

 

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

 

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

 

 4  normal loading maximum.

 

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

 

 6  transportation department, or a local authority with respect to

 

 7  highways under its jurisdiction, may designate certain highways,

 

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

 

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

 

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

 

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

 

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

 

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

 

14  assembly shall be is permitted on the designated highways at the

 

15  gross permissible weight of 16,000 pounds per axle, if there is

 

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

 

17  no other tandem axle assembly in the combination of vehicles

 

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

 

19  combination of truck tractor and semitrailer having not more than

 

20  5 axles, 2 consecutive tandem axle assemblies shall be are

 

21  permitted on the designated highways at a gross permissible

 

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

 

23  within 9 feet of any axle of the assembly.

 

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

 

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

 

26  consecutive sets of tandem axles may carry a gross permissible

 

27  weight of not to exceed more than 17,000 pounds on any axle of

 

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

 

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

 

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

 

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

 

 5  pick up and deliver agricultural commodities between the national

 

 6  truck network or special designated highways and any other

 

 7  highway. This subsection is not subject to the maximum axle loads

 

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

 

 9  subsection, a "tandem axle" means 2 axles spaced more than 40

 

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

 

11  than 3-1/2 feet but less than 9 feet apart. This subsection does

 

12  not apply during that period when reduced maximum loads are in

 

13  effect under subsection (8).

 

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

 

15  to the loading maximums and gross vehicle weight requirement of

 

16  subsection (12) as reduced under subsection (8) do not apply to a

 

17  person hauling agricultural commodities if the person who picks

 

18  up or delivers the agricultural commodity either from a farm or

 

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

 

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

 

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

 

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

 

23  that does not exceed the administrative costs incurred. The

 

24  permit shall contain all of the following:

 

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

 

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

 

27  picks up or delivers the agricultural commodities during which

 

 1  the load may be delivered or picked up.

 

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

 

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

 

 4  parties.

 

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

 

 6  to the loading maximums and gross vehicle weight requirements of

 

 7  subsection (12) as reduced under subsection (8) do not apply to

 

 8  public utility vehicles under the following circumstances:

 

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

 

10  as follows:

 

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

 

12  utility or its subcontractor shall notify the county road

 

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

 

14  emergency public utility work and provide a statement that the

 

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

 

16  have exceeded the loading maximums and gross vehicle weight

 

17  requirements of subsection (12) as reduced under subsection (8).

 

18  The notification may be made via facsimile or electronically.

 

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

 

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

 

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

 

22        (b) For nonemergency public utility work on restricted

 

23  roads, as follows:

 

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

 

25  utility or its subcontractor shall apply to the county road

 

26  commission annually for a seasonal truck permit for roads under

 

27  its authority before seasonal weight restrictions are effective.

 

 1  The county road commission shall issue a seasonal truck permit

 

 2  for each public utility vehicle or vehicle configuration the

 

 3  public utility or subcontractor anticipates will be utilized for

 

 4  nonemergency public utility work. The county road commission may

 

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

 

 6  administrative costs incurred for the permit. The seasonal truck

 

 7  permit shall contain all of the following:

 

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

 

 9  subcontractor during which the permit is valid.

 

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

 

11  vehicle configuration to be covered on the seasonal truck permit

 

12  requested by the public utility or subcontractor.

 

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

 

14  weight restrictions will be minimized and only utilized when

 

15  necessary to perform public utility work using the public utility

 

16  vehicle or vehicle configuration and that nonrestricted roads

 

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

 

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

 

19  permit is only valid while the subcontractor vehicle is being

 

20  operated in the performance of public utility work.

 

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

 

22  configuration shall display signage on the outside of the vehicle

 

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

 

24  utility.

 

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

 

26  county road commission shall provide a notification application

 

27  for the public utility or its subcontractor to use when

 

 1  requesting access to operate on restricted roads and the public

 

 2  utility or its subcontractor shall provide notification to the

 

 3  county road commission, via facsimile or electronically, not

 

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

 

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

 

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

 

 7  the subcontractor's possession while performing the relevant

 

 8  nonemergency work. Notwithstanding this subsection or an

 

 9  agreement under this subsection, if the county road commission

 

10  determines that the condition of a particular road under its

 

11  jurisdiction makes it unusable, the county road commission may

 

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

 

13  made and communicated via facsimile or electronically to the

 

14  public utility or its subcontractor within 24 hours after

 

15  receiving notification that the public utility or subcontractors

 

16  intends to perform nonemergency work that requires use of that

 

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

 

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

 

19  considered approved. The notification application required under

 

20  this subparagraph may include all of the following information:

 

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

 

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

 

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

 

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

 

25  upon to the nonemergency work site or sites.

 

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

 

27  behalf the subcontractor is performing services.

 

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

 

 2  published by the manufacturers, and the maximum wheel load

 

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

 

 4  width of tire.

 

 5        (8) Except as provided in this subsection and subsection

 

 6  (9), during the months of March, April, and May in each year, the

 

 7  maximum axle load allowable on concrete pavements or pavements

 

 8  with a concrete base is reduced by 25% from the maximum axle load

 

 9  as specified in this chapter, and the maximum axle loads

 

10  allowable on all other types of roads during these months are

 

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

 

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

 

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

 

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

 

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

 

16  subsection does not apply to vehicles transporting agricultural

 

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

 

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

 

19  a local road agency. The state transportation department and each

 

20  local authority with highways and streets under its jurisdiction

 

21  to which the seasonal restrictions prescribed under this

 

22  subsection apply shall post all of the following information on

 

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

 

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

 

25  association of which it is a member:

 

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

 

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

 

 1  highways and streets to which the seasonal restrictions apply.

 

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

 

 3  jurisdiction and a county road commission for roads under its

 

 4  jurisdiction may grant exemptions from seasonal weight

 

 5  restrictions for milk on specified routes when requested in

 

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

 

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

 

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

 

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

 

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

 

11  applicant may appeal to the state transportation commission or

 

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

 

13  county roads in counties that have negotiated agreements with

 

14  milk haulers or haulers of other commodities during periods of

 

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

 

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

 

17  such agreements.

 

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

 

19  authority with respect to highways under its jurisdiction, may

 

20  suspend the restrictions imposed by this section when and where

 

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

 

22  welfare warrant suspension, and impose the restricted loading

 

23  requirements of this section on designated highways at any other

 

24  time that the conditions of the highway require.

 

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

 

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

 

27  vehicles and loads shall be is determined by weighing individual

 

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

 

 2  shall be is the gross vehicle weight. In addition, the gross axle

 

 3  weight shall be is determined by weighing individual axles or by

 

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

 

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

 

 6  of subsection (12), the overall gross weight on a group of 2 or

 

 7  more axles shall be is determined by weighing individual axles or

 

 8  several axles, and the total weight of all the axles in the group

 

 9  shall be is the overall gross weight of the group.

 

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

 

11  interstate highways, and the state transportation department, or

 

12  a local authority with respect to highways under its

 

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

 

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

 

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

 

16  load maximums:

 

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

 

18  enforcement tolerances.

 

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

 

20  enforcement tolerances.

 

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

 

22  consecutive axles equaling:

 

 

23	W = 500  /LN + 12N + 36\
24	\N-1          /

 

 

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

 

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

 

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

 

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

 

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

 

 5  34,000 pounds each if the first and last axles of the consecutive

 

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

 

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

 

 8  enforcement tolerances. Except for 5 axle truck tractor,

 

 9  semitrailer combinations having 2 consecutive sets of tandem

 

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

 

11  or in excess of the vehicle gross weight determined by

 

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

 

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

 

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

 

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

 

16  centers of which may be included between parallel transverse

 

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

 

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

 

19  Except as otherwise provided in this section, vehicles

 

20  transporting agricultural commodities shall have weight load

 

21  maximums as set forth in this subsection.

 

22        (13) A county road commission may grant exemptions from the

 

23  loading maximums and gross vehicle weight requirements of

 

24  subsection (12) as reduced under subsection (8) for septage

 

25  haulers on a case-by-case basis when requested by electronic,

 

26  telephonic, or any other means. Except as otherwise provided in

 

27  this subsection, the county road commission shall grant or deny a

 

 1  request for exemption under this subsection within 1 day. If in

 

 2  requesting an exemption under this subsection the septage hauler

 

 3  indicates that the exemption is requested in order to respond to

 

 4  an emergency, the county road commission shall respond to the

 

 5  emergency request within 1 business day by electronic,

 

 6  telephonic, or any other means. A denial of a request for

 

 7  exemption under this subsection shall be accompanied by a

 

 8  statement of the reason for denial and alternate routes for which

 

 9  the permit may be issued. A septage hauler whose request for

 

10  exemption under this subsection is denied may appeal to the

 

11  county road commission.

 

12        (14) (13) As used in this section:

 

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

 

14  animals useful to human beings produced by agriculture and

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

22  not include trees or lumber.

 

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

 

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

 

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

 

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

 

27  emergency.

 

 1        (c) "Public utility" means a public utility under the

 

 2  jurisdiction of the public service commission or a transmission

 

 3  company.

 

 4        (d) "Public utility vehicle" means a vehicle owned or

 

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

 

 6  behalf of a public utility.

 

 7        (e) "Transmission company" means either an affiliated

 

 8  transmission company or an independent transmission company as

 

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

 

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