Bill Text: MI SB0396 | 2017-2018 | 99th Legislature | Engrossed

---

Bill Title: Traffic control; violations; bond requirement for certain vehicles transporting forest products; impose under certain circumstances and make other revisions. Amends secs. 722 & 725 of 1949 PA 300 (MCL 257.722 & 257.725) & adds sec. 719d.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-12-06 - Referred To Committee On Transportation And Infrastructure [SB0396 Detail]

Download: Michigan-2017-SB0396-Engrossed.html

---

SB-0396, As Passed Senate, December 6, 2018

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 396

 

 

 

 

 

 

 

 

 

 

 

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 717 and 722 (MCL 257.717 and 257.722), section

 

717 as amended by 2018 PA 342 and section 722 as amended by 2018 PA

 

274, and by adding section 719d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 717. (1) The total outside width of a vehicle or the load

 

 2  on a vehicle shall not exceed 96 inches, except as otherwise

 

 3  provided in this section.

 

 4        (2) A person may operate or move an implement of husbandry of

 

 5  any width on a highway as required, designed, and intended for

 

 6  farming operations, including the movement of implements of

 

 7  husbandry being driven or towed and not hauled on a trailer,

 

 8  without obtaining a special permit for an excessively wide vehicle

 1  or load under section 725. The operation or movement of the

 

 2  implement of husbandry shall be in a manner so as to minimize the

 

 3  interruption of traffic flow. A person shall not operate or move an

 

 4  implement of husbandry to the left of the center of the roadway

 

 5  from a half hour after sunset to a half hour before sunrise, under

 

 6  the conditions specified in section 639, or at any time visibility

 

 7  is substantially diminished due to weather conditions. A person

 

 8  operating or moving an implement of husbandry shall follow all

 

 9  traffic regulations.

 

10        (3) The total outside width of the load of a vehicle hauling

 

11  concrete pipe, ferrous pipe, agricultural products, or unprocessed

 

12  logs, pulpwood, or wood bolts shall not exceed 108 inches.

 

13        (4) Except as provided in subsections (2) and (5) and this

 

14  subsection, if a vehicle that is equipped with pneumatic tires is

 

15  operated on a highway, the maximum width from the outside of 1

 

16  wheel and tire to the outside of the opposite wheel and tire shall

 

17  not exceed 102 inches, and the outside width of the body of the

 

18  vehicle or the load on the vehicle shall not exceed 96 inches.

 

19  However, a truck and trailer or a tractor and semitrailer

 

20  combination hauling pulpwood or unprocessed logs may be operated

 

21  with a maximum width of not to exceed 108 inches in accordance with

 

22  a special permit issued under section 725.

 

23        (5) The total outside body width of a school bus, a bus, a

 

24  trailer coach, a trailer, a semitrailer, a truck camper, or a motor

 

25  home shall not exceed 102 inches. However, an appurtenance of a

 

26  school bus, a log rack mounted on a straight truck, a trailer

 

27  coach, a truck camper, or a motor home that extends not more than 6

 1  inches beyond the total outside body width does not violate this

 

 2  section.

 

 3        (6) A vehicle shall not extend beyond the center line of a

 

 4  state trunk line highway except when authorized by law. Except as

 

 5  provided in subsection (2), if the width of the vehicle makes it

 

 6  impossible to stay away from the center line, a permit shall be

 

 7  obtained under section 725.

 

 8        (7) The director of the state transportation department, a

 

 9  county road commission, or a local authority may designate a

 

10  highway under the agency's jurisdiction as a highway on which a

 

11  person may operate a vehicle or vehicle combination that is not

 

12  more than 102 inches in width, including load, the operation of

 

13  which would otherwise be prohibited by this section. The agency

 

14  making the designation may require that the owner or lessee of the

 

15  vehicle or of each vehicle in the vehicle combination secure a

 

16  permit before operating the vehicle or vehicle combination. This

 

17  subsection does not restrict the issuance of a special permit under

 

18  section 725 for the operation of a vehicle or vehicle combination.

 

19  This subsection does not permit the operation of a vehicle or

 

20  vehicle combination described in section 722a carrying a load

 

21  described in that section if the operation would otherwise result

 

22  in a violation of that section.

 

23        (8) The director of the state transportation department, a

 

24  county road commission, or a local authority may issue a special

 

25  permit under section 725 to a person operating a vehicle or vehicle

 

26  combination if all of the following are met:

 

27        (a) The vehicle or vehicle combination, including load, is not

 1  more than 106 inches in width.

 

 2        (b) The vehicle or vehicle combination is used solely to move

 

 3  new motor vehicles or parts or components of new motor vehicles

 

 4  between facilities that meet all of the following:

 

 5        (i) New motor vehicles or parts or components of new motor

 

 6  vehicles are manufactured or assembled in the facilities.

 

 7        (ii) The facilities are located within 10 miles of each other.

 

 8        (iii) The facilities are located within the city limits of the

 

 9  same city and the city is located in a county that has a population

 

10  of more than 400,000 and less than 500,000 according to the most

 

11  recent federal decennial census.

 

12        (c) The special permit and any renewals are each issued for a

 

13  term of 1 year or less.

 

14        (9) A person may move or operate a boat lift of any width or

 

15  an oversized hydraulic boat trailer owned and operated by a marina

 

16  or watercraft dealer in a commercial boat storage operation on a

 

17  highway under a multiple trip permit issued on an annual basis as

 

18  specified under section 725. The operation or movement of the boat

 

19  lift or trailer shall minimize the interruption of traffic flow. It

 

20  shall be used exclusively to transport a boat between a place of

 

21  storage and a marina or in and around a marina. A boat lift or

 

22  oversized hydraulic boat trailer may be operated, drawn, or towed

 

23  on a street or highway only when transporting a vessel between a

 

24  body of water and a place of storage or when traveling empty to or

 

25  from transporting a vessel. A boat lift shall not be operated on

 

26  limited access highways. A person moving or operating a boat lift

 

27  or oversized hydraulic boat trailer shall follow all traffic

Senate Bill No. 396 as amended December 6, 2018

 1  regulations and shall ensure the route selected has adequate power

 

 2  and utility wire height clearance.

 

 3        (10) A person may operate or move a truck to which a snowplow

 

 4  blade that is wider than 96 inches but no more than 132 inches wide

 

 5  is mounted without obtaining a special permit for an excessively

 

 6  wide vehicle or load under section 725. This subsection only

 

 7  applies between October 1 and May 1 of each year. A person

 

 8  operating a truck described in this subsection shall minimize the

 

 9  overwidth condition of the snowplow blade when not engaged in snow

 

10  removal by angling the plow blade or any other method. This

 

11  subsection does not apply to a person operating construction

 

12  equipment for snow removal.

 

13        (11) A person who violates this section is responsible for a

 

14  civil infraction. The owner of the vehicle may be charged with a

 

15  violation of this section.

 

16        Sec. 719d. (1) Subject to subsections (2), (3), and (4), a

 

17  person may operate a pneumatic tired forestry vehicle or special

 

18  mobile equipment with pneumatic tires that is used in silvicultural

 

19  operations for a distance of no more than 20 miles on a public

 

20  highway that is under the jurisdiction of a county road commission

 

21  if that vehicle is equipped with a slow-moving vehicle emblem as

 

22  described in section 688 and a flashing, rotating, or oscillating

 

23  amber light, and if the vehicle or special mobile equipment is

 

24  unladen. As used in this subsection, "unladen" means that the

 

25  vehicle or special mobile equipment is not carrying any <<logs or>> materials

 

26  other than attachments used in the daily operation of the vehicle

 

27  or special mobile equipment, including, but not limited to, tire

 1  chains, tracks, or road drags.

 

 2        (2) The seasonal weight reductions under section 722(9) apply

 

 3  to a paved highway.

 

 4        (3) A person operating a vehicle or special mobile equipment

 

 5  described in subsection (1) for a distance of greater than 20 miles

 

 6  on a public highway that is under the jurisdiction of a county road

 

 7  commission shall give notice to the county road commission with

 

 8  jurisdiction over that highway. The notice required by this

 

 9  subsection shall include the designated route of travel.

 

10        (4) The owner of a vehicle or special mobile equipment

 

11  described in subsection (1) that does not comply with subsection

 

12  (3) is responsible for a civil infraction and is subject to the

 

13  following:

 

14        (a) For a first violation, the owner shall pay a civil fine of

 

15  $250.00.

 

16        (b) For a second violation, the owner shall pay a civil fine

 

17  of $500.00.

 

18        (c) For a third or subsequent violation, the owner shall pay a

 

19  civil fine of $750.00, and shall not operate a vehicle or special

 

20  mobile equipment as provided in subsection (1).

 

21        (5) The county road commission with jurisdiction over a public

 

22  highway on which a vehicle or special mobile equipment described in

 

23  subsection (1) is operated may recover damages from the owner of

 

24  the vehicle or special mobile equipment for injuries to a public

 

25  highway or adjacent structure caused by the operation of that

 

26  vehicle or special mobile equipment.

 

27        (6) A county road commission shall be held harmless for a

 1  collision between a vehicle or special mobile equipment described

 

 2  in subsection (1) and another registered vehicle while operating on

 

 3  a public highway of this state or within the right-of-way of a

 

 4  public highway in this state.

 

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

 

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

 

 7  designated in the following provisions that prescribe the distance

 

 8  between axles:

 

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

 

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

 

11  equipped with high pressure pneumatic or balloon tires.

 

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

 

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

 

14  13,000 pounds for high pressure pneumatic or balloon tires.

 

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

 

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

 

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

 

18  normal loading maximum.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

26  any axle of the assembly.

 

27        (3) A combination of vehicles may operate on designated

 1  highways with not more than 1 tandem axle assembly having a gross

 

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

 

 3  9 feet of the assembly. On a combination of truck tractor and

 

 4  semitrailer having not more than 5 axles, 2 consecutive tandem axle

 

 5  assemblies may operate on designated highways at a gross

 

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

 

 7  axle within 9 feet of any axle of either assembly.

 

 8        (4) Subsections (2) and (3) apply to a vehicle transporting

 

 9  forest products or special mobile equipment used in silvicultural

 

10  operations on a paved or unpaved public highway in this state.

 

11        (5) (4) Notwithstanding subsection (3), on a combination of

 

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

 

13  consecutive sets of tandem axles may carry a gross permissible

 

14  weight of not to exceed 17,000 pounds on any axle of the tandem

 

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

 

16  tandem axles and if the first and last axles of the consecutive

 

17  sets of tandem axles are not less than 36 feet apart and the gross

 

18  vehicle weight does not exceed 80,000 pounds to pick up and deliver

 

19  agricultural commodities between the national truck network or

 

20  special designated highways and any other highway. This subsection

 

21  is not subject to the maximum axle loads of subsections (1), (2),

 

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

 

23  axles spaced more than 40 inches but not more than 96 inches apart

 

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

 

25  This subsection does not apply during that period when reduced

 

26  maximum loads are in effect under subsection (8).(9).

 

27        (6) (5) The seasonal reductions described under subsection (8)

 1  (9) to the loading maximums and gross vehicle weight requirement of

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

10  following:

 

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

 

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

 

13  up or delivers the agricultural commodities during which the load

 

14  may be delivered or picked up.

 

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

 

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

 

17  parties.

 

18        (7) (6) The seasonal reductions described under subsection (8)

 

19  (9) to the loading maximums and gross vehicle weight requirements

 

20  of subsection (12) (13) do not apply to public utility vehicles

 

21  under the following circumstances:

 

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

 

23  follows:

 

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

 

25  utility or its subcontractor shall notify the county road

 

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

 

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

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

 

 2  the loading maximums and gross vehicle weight requirements of

 

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

 

 4  notification may be made via facsimile or electronically.

 

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

 

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

 

 7  a speed not greater than 35 miles per hour.

 

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

 

 9  as follows:

 

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

 

11  or its subcontractor shall apply to the county road commission

 

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

 

13  before seasonal weight restrictions are effective. The county road

 

14  commission shall issue a seasonal truck permit for each public

 

15  utility vehicle or vehicle configuration the public utility or

 

16  subcontractor anticipates will be utilized for nonemergency public

 

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

 

18  seasonal truck permit that does not exceed the administrative costs

 

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

 

20  all of the following:

 

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

 

22  subcontractor during which the permit is valid.

 

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

 

24  vehicle configuration to be covered on the seasonal truck permit

 

25  requested by the public utility or subcontractor.

 

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

 

27  weight restrictions will be minimized and only utilized when

 1  necessary to perform public utility work using the public utility

 

 2  vehicle or vehicle configuration and that nonrestricted roads shall

 

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

 

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

 

 5  permit is only valid while the subcontractor vehicle is being

 

 6  operated in the performance of public utility work.

 

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

 

 8  configuration shall display signage on the outside of the vehicle

 

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

 

10  utility.

 

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

 

12  county road commission shall provide a notification application for

 

13  the public utility or its subcontractor to use when requesting

 

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

 

15  subcontractor shall provide notification to the county road

 

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

 

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

 

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

 

19  notification provided to a county road commission in the

 

20  subcontractor's possession while performing the relevant

 

21  nonemergency work. Notwithstanding this subsection or an agreement

 

22  under this subsection, if the county road commission determines

 

23  that the condition of a particular road under its jurisdiction

 

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

 

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

 

26  communicated via facsimile or electronically to the public utility

 

27  or its subcontractor within 24 hours after receiving notification

 1  that the public utility or subcontractors intends to perform

 

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

 

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

 

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

 

 5  notification application required under this subparagraph may

 

 6  include all of the following information:

 

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

 

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

 

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

 

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

 

11  to the nonemergency work site or sites.

 

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

 

13  behalf the subcontractor is performing services.

 

14        (8) (7) The normal size of tires shall be the rated size as

 

15  published by the manufacturers, and the maximum wheel load

 

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

 

17  width of tire.

 

18        (9) (8) Except as provided in this subsection and subsection

 

19  (9), subsections (10) and (16), during the months of March, April,

 

20  and May in each year, the maximum axle load allowable on concrete

 

21  pavements or pavements with a concrete base is reduced by 25% from

 

22  the maximum axle load as specified in this chapter, and the maximum

 

23  axle loads allowable on all other types of roads during these

 

24  months are reduced by 35% from the maximum axle loads as specified.

 

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

 

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

 

27  width on all other roads during the period the seasonal road

 1  restrictions are in effect. Subject to subsection (5), (6), this

 

 2  subsection does not apply to vehicles transporting agricultural

 

 3  commodities or, subject to subsection (6), (7), public utility

 

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

 

 5  local road agency, or a school bus. In addition, this subsection

 

 6  does not apply to a vehicle delivering propane fuel to a residence

 

 7  if the vehicle's propane tank is filled to not more than 50% of its

 

 8  capacity and the vehicle is traveling at not more than 35 miles per

 

 9  hour. The state transportation department and each local authority

 

10  with highways and streets under its jurisdiction to which the

 

11  seasonal restrictions prescribed under this subsection apply shall

 

12  post all of the following information on the homepage of its

 

13  website or, if a local authority does not have a website, then on

 

14  the website of a statewide road association of which it is a

 

15  member:

 

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

 

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

 

18  highways and streets to which the seasonal restrictions apply.

 

19        (10) (9) The state transportation department for roads under

 

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

 

21  jurisdiction may grant exemptions from seasonal weight restrictions

 

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

 

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

 

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

 

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

 

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

 

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

 1  transportation commission or the county road commission. These

 

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

 

 3  negotiated agreements with milk haulers or haulers of other

 

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

 

 5  1993. This subsection does not limit the ability of these counties

 

 6  to continue to negotiate such agreements.

 

 7        (11) (10) The state transportation department, or a local

 

 8  authority with respect to highways under its jurisdiction, may

 

 9  suspend the restrictions imposed by this section when and where

 

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

 

11  welfare warrant suspension, and impose the restricted loading

 

12  requirements of this section on designated highways at any other

 

13  time that the conditions of the highway require.

 

14        (12) (11) For the purpose of enforcing this act, the gross

 

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

 

16  vehicles and loads shall be determined by weighing individual axles

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

25  gross weight of the group.

 

26        (13) (12) The loading maximum in this subsection applies to

 

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

 1  local authority with respect to highways under its jurisdiction,

 

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

 

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

 

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

 

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

 

 6  enforcement tolerances.

 

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

 

 8  enforcement tolerances.

 

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

 

10  consecutive axles equaling:

 

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

20  tolerances. Except for 5 axle truck tractor, semitrailer

 

21  combinations having 2 consecutive sets of tandem axles, vehicles

 

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

 

23  the vehicle gross weight determined by application of the formula

 

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

 

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

 

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

 

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

 

 2  between parallel transverse vertical planes spaced more than 40

 

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

 

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

 

 5  vehicles transporting agricultural commodities shall have weight

 

 6  load maximums as set forth in this subsection.

 

 7        (14) (13) The axle loading maximums under subsections (1),

 

 8  (2), (3), and (4) (5) are increased by 10% for vehicles

 

 9  transporting agricultural commodities or raw timber, excluding farm

 

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

 

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

 

12  axle loading maximums as increased under this subsection do not

 

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

 

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

 

15        (a) A vehicle utilizing an interstate highway.

 

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

 

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

 

18  the seasonal weight restrictions are in effect.

 

19        (15) (14) Notwithstanding any other provision of this section,

 

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

 

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

 

22  compressed or liquefied natural gas may exceed the axle loading

 

23  maximums under subsections (1), (2), (3), and (4) (5) and the

 

24  weight load maximums under subsection (12) (13) by an amount equal

 

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

 

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

 

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

Senate Bill No. 396 as amended December 6, 2018

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

 

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

 

 3  (5) and the weight load maximums under subsection (12) (13) shall

 

 4  not exceed 2,000 pounds.

 

 5        (16) The seasonal reductions described in subsection (9) do

 

 6  not apply to a vehicle transporting forest products or special

 

 7  mobile equipment used in silvicultural operations on an unpaved

 

 8  road, if the owner of the vehicle or special mobile equipment

 

 9  obtains a bond, cash deposit, or irrevocable letter of credit in an

 

10  amount not to exceed <<$5,000.00>> per mile for each mile of unpaved

 

11  road under the jurisdiction of the county road commission or local

 

12  authority with jurisdiction over the unpaved road. <<A bond, cash

deposit, or irrevocable letter of credit described in this section shall include or be accompanied by a description of the route to be traveled by the vehicle or special mobile equipment and a statement that the vehicle or special mobile equipment may only travel on the described route.>> The owner of a

13  vehicle transporting forest products or special mobile equipment

 

14  used in silvicultural operations is responsible for all damage

 

15  caused by the operation of that vehicle to a road<< as determined by the

county road commission or authority with jurisdiction over the road>> and, if there is

16  at least 1 full-time residence along that road, shall immediately

 

17  cease all hauling, notify the county road commission or authority

 

18  with jurisdiction over the road, and repair the road if any portion

 

19  of the road becomes impassable for 2-wheel drive traffic.

 

20  Regardless of whether the owner of the vehicle or special mobile

 

21  equipment has obtained a bond, cash deposit, or irrevocable letter

 

22  of credit, the owner is financially liable and responsible for the

 

23  restoration of any injury to the road or right-of-way to the

 

24  satisfaction of the county road commission or authority with

 

25  jurisdiction over the road.

 

26        (17) (15) As used in this section:

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 9  not include trees or lumber.

 

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

 

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

 

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

 

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

 

14  emergency.

 

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

 

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

 

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

 

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

 

19  contiguous to each other.

 

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

 

21  storing a crop.

 

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

 

23  jurisdiction of the public service commission or a transmission

 

24  company.

 

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

 

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

 

27  public utility.

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

 

 2  transmission company or an independent transmission company as

 

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

 

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

 

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

 

 6  after the date it is enacted into law.