Bill Text: MI SB0315 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Traffic control; traffic regulation; penalties for exceeding weight restrictions; create exception for septage waste vehicles performing emergency work. Amends sec. 722 of 1949 PA 300 (MCL 257.722).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-04-25 - Referred To Committee On Transportation [SB0315 Detail]

Download: Michigan-2017-SB0315-Introduced.html

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SENATE BILL No. 315

 

 

April 25, 2017, Introduced by Senators STAMAS, BRANDENBURG and SCHMIDT and referred to the Committee on Transportation.

 

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 722 (MCL 257.722), as amended by 2016 PA 72.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

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

 

 3  designated in the following provisions that prescribe the distance

 

 4  between axles:

 

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

 

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

 

 7  equipped with high pressure pneumatic or balloon tires.

 

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

 

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

 

10  13,000 pounds for high pressure pneumatic or balloon tires.

 

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

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

 

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

 

 3  normal loading maximum.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

11  any axle of the assembly.

 

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

 

13  assembly is permitted on the designated highways at the gross

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

 3  commodities between the national truck network or special

 

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

 

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

 

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

 

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

 

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

 

 9  subsection does not apply during that period when reduced maximum

 

10  loads are in effect under subsection (8).(9).

 

11        (5) The seasonal reductions described under subsection (8) (9)

 

12  to the loading maximums and gross vehicle weight requirement of

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

21  following:

 

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

 

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

 

24  up or delivers the agricultural commodities during which the load

 

25  may be delivered or picked up.

 

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

 

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

 1  parties.

 

 2        (6) The seasonal reductions described under subsection (8) (9)

 

 3  to the loading maximums and gross vehicle weight requirements of

 

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

 

 5  the following circumstances:

 

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

 

 7  follows:

 

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

 

 9  utility or its subcontractor shall notify the county road

 

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

 

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

 

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

 

13  the loading maximums and gross vehicle weight requirements of

 

14  subsection (12) (13) as reduced under subsection (8). (9). The

 

15  notification may be made via facsimile or electronically.

 

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

 

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

 

18  a speed not greater than 35 miles per hour.

 

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

 

20  as follows:

 

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

 

22  or its subcontractor shall apply to the county road commission

 

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

 

24  before seasonal weight restrictions are effective. The county road

 

25  commission shall issue a seasonal truck permit for each public

 

26  utility vehicle or vehicle configuration the public utility or

 

27  subcontractor anticipates will be utilized for nonemergency public

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

 

 2  seasonal truck permit that does not exceed the administrative costs

 

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

 

 4  all of the following:

 

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

 

 6  subcontractor during which the permit is valid.

 

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

 

 8  vehicle configuration to be covered on the seasonal truck permit

 

 9  requested by the public utility or subcontractor.

 

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

 

11  weight restrictions will be minimized and only utilized when

 

12  necessary to perform public utility work using the public utility

 

13  vehicle or vehicle configuration and that nonrestricted roads shall

 

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

 

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

 

16  permit is only valid while the subcontractor vehicle is being

 

17  operated in the performance of public utility work.

 

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

 

19  configuration shall display signage on the outside of the vehicle

 

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

 

21  utility.

 

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

 

23  county road commission shall provide a notification application for

 

24  the public utility or its subcontractor to use when requesting

 

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

 

26  subcontractor shall provide notification to the county road

 

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

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

 

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

 

 3  notification provided to a county road commission in the

 

 4  subcontractor's possession while performing the relevant

 

 5  nonemergency work. Notwithstanding this subsection or an agreement

 

 6  under this subsection, if the county road commission determines

 

 7  that the condition of a particular road under its jurisdiction

 

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

 

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

 

10  communicated via facsimile or electronically to the public utility

 

11  or its subcontractor within 24 hours after receiving notification

 

12  that the public utility or subcontractors intends to perform

 

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

 

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

 

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

 

16  notification application required under this subparagraph may

 

17  include all of the following information:

 

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

 

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

 

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

 

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

 

22  to the nonemergency work site or sites.

 

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

 

24  behalf the subcontractor is performing services.

 

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

 

26  published by the manufacturers, and the maximum wheel load

 

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

 1  width of tire.

 

 2        (8) The seasonal reductions described under subsection (9) to

 

 3  the loading maximums and gross vehicle weight requirements of

 

 4  subsection (13) do not apply to a septage waste vehicle that is

 

 5  operated by an individual with a valid septage waste vehicle

 

 6  license that is addressing an emergency septic failure if the

 

 7  following conditions are met:

 

 8        (a) If required by the county road commission, as soon as

 

 9  practical, the individual shall notify the county road commission

 

10  of the location of the emergency septic failure and provide a

 

11  statement that the vehicles that were used to perform the emergency

 

12  septic work may have exceeded the loading maximums and gross

 

13  vehicle weight requirements of subsection (13) as reduced under

 

14  subsection (9). The notification required under this subdivision

 

15  may be made electronically or by facsimile.

 

16        (b) The septage waste vehicle travels to and from the site of

 

17  the emergency septic failure while on a restricted road at a speed

 

18  not greater than 35 miles per hour.

 

19        (9) (8) Except as provided in this subsection and subsection

 

20  (9), (10), during the months of March, April, and May in each year,

 

21  the maximum axle load allowable on concrete pavements or pavements

 

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

 

23  as specified in this chapter, and the maximum axle loads allowable

 

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

 

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

 

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

 

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

 1  roads during the period the seasonal road restrictions are in

 

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

 

 3  to vehicles transporting agricultural commodities or, subject to

 

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

 

 5  street under the jurisdiction of a local road agency or, subject to

 

 6  subsection (8), to a septage waste vehicle. In addition, this

 

 7  subsection does not apply to a vehicle delivering propane fuel to a

 

 8  residence if the vehicle's propane tank is filled to not more than

 

 9  50% of its capacity and the vehicle is traveling at not more than

 

10  35 miles per hour. The state transportation department and each

 

11  local authority with highways and streets under its jurisdiction to

 

12  which the seasonal restrictions prescribed under this subsection

 

13  apply shall post all of the following information on the homepage

 

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

 

15  then on the website of a statewide road association of which it is

 

16  a member:

 

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

 

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

 

19  highways and streets to which the seasonal restrictions apply.

 

20        (10) (9) The state transportation department for roads under

 

21  its jurisdiction and a county road commission for roads under its

 

22  jurisdiction may grant exemptions from seasonal weight restrictions

 

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

 

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

 

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

 

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

 

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

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

 

 2  transportation commission or the county road commission. These

 

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

 

 4  negotiated agreements with milk haulers or haulers of other

 

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

 

 6  1993. This subsection does not limit the ability of these counties

 

 7  to continue to negotiate such agreements.

 

 8        (11) (10) The state transportation department, or a local

 

 9  authority with respect to highways under its jurisdiction, may

 

10  suspend the restrictions imposed by this section when and where

 

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

 

12  welfare warrant suspension, and impose the restricted loading

 

13  requirements of this section on designated highways at any other

 

14  time that the conditions of the highway require.

 

15        (12) (11) For the purpose of enforcing this act, the gross

 

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

 

17  vehicles and loads shall be determined by weighing individual axles

 

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

 

19  the gross vehicle weight. In addition, the gross axle weight shall

 

20  be determined by weighing individual axles or by weighing a group

 

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

 

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

 

23  (13), the overall gross weight on a group of 2 or more axles shall

 

24  be determined by weighing individual axles or several axles, and

 

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

 

26  gross weight of the group.

 

27        (13) (12) The loading maximum in this subsection applies to

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

 

 2  local authority with respect to highways under its jurisdiction,

 

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

 

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

 

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

 

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

 

 7  enforcement tolerances.

 

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

 

 9  enforcement tolerances.

 

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

 

11  consecutive axles equaling:

 

 

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

 

 

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

 

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

 

15  extreme of a group of 2 or more consecutive axles, and N = number

 

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

 

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

 

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

 

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

 

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

 

21  tolerances. Except for 5 axle truck tractor, semitrailer

 

22  combinations having 2 consecutive sets of tandem axles, vehicles

 

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

 

24  the vehicle gross weight determined by application of the formula

 

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

 

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

 

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

 

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

 

 3  between parallel transverse vertical planes spaced more than 40

 

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

 

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

 

 6  vehicles transporting agricultural commodities shall have weight

 

 7  load maximums as set forth in this subsection.

 

 8        (14) (13) The axle loading maximums under subsections (1),

 

 9  (2), (3), and (4) are increased by 10% for vehicles transporting

 

10  agricultural commodities or raw timber, excluding farm equipment

 

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

 

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

 

13  loading maximums as increased under this subsection do not alter

 

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

 

15  subsection does not apply to either of the following:

 

16        (a) A vehicle utilizing an interstate highway.

 

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

 

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

 

19  the seasonal weight restrictions are in effect.

 

20        (15) (14) As used in this section:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

 3  not include trees or lumber.

 

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

 

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

 

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

 

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

 

 8  emergency.

 

 9        (c) "Emergency septic failure" means a malfunction or failure

 

10  of an on-site wastewater treatment system consisting of any of the

 

11  following:

 

12        (i) A discharge of sewage to the surface of the ground.

 

13        (ii) A discharge of sewage or effluent into surface water or

 

14  directly into groundwater.

 

15        (iii) The inability of the on-site wastewater treatment system

 

16  to accept sanitary sewage at the rate being discharged, which may

 

17  result in the backup of sewage into the structure or impede the

 

18  flow of wastewater within the structure.

 

19        (iv) A structural failure of the septic tank or other

 

20  associated components and appurtenances.

 

21        (v) The absence of all or a portion of a conventional or

 

22  alternative system within the established boundaries of the

 

23  property to serve the structure.

 

24        (vi) A discharge of treated wastewater that does not comply

 

25  with applicable standards.

 

26        (vii) An illicit connection or illicit discharge.

 

27        (viii) Evidence of effluent within the septic tank above the

 1  invert of the septic tank outlet.

 

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

 

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

 

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

 

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

 

 6  contiguous to each other.

 

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

 

 8  storing a crop.

 

 9        (e) (d) "Public utility" means a public utility under the

 

10  jurisdiction of the public service commission or a transmission

 

11  company.

 

12        (f) (e) "Public utility vehicle" means a vehicle owned or

 

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

 

14  behalf of a public utility.

 

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

 

16  transmission company or an independent transmission company as

 

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

 

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

 

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

 

20  after the date it is enacted into law.