Bill Text: MI SB0516 | 2011-2012 | 96th Legislature | Engrossed

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Bill Title: Vehicles; agricultural equipment; definition of modified agriculture vehicle; create, and provide an exception from certain weight requirements. Amends secs. 627, 688, 722 & 801 of 1949 PA 300 (MCL 257.627 et seq.) & adds sec. 30c.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Engrossed - Dead) 2012-12-11 - Notice Given To Discharge Committee [SB0516 Detail]

Download: Michigan-2011-SB0516-Engrossed.html

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SB-0516, As Passed Senate, November 29, 2011

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 516

 

 

 

 

 

 

 

 

 

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 627, 688, 722, and 801 (MCL 257.627,

 

257.688, 257.722, and 257.801), section 627 as amended by 2006 PA

 

85, section 688 as amended by 2006 PA 14, section 722 as amended

 

by 2009 PA 146, and section 801 as amended by 2011 PA 159, and by

 

adding section 30c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 30c. "Modified agriculture vehicle" means a vehicle

 

 2  that satisfies both of the following conditions:

 

 3        (a) It has been modified from its original use so that the

 

 4  transport of agricultural commodities is the vehicle's primary

 

 5  purpose.

 

 6        (b) It is certified by the United States department of

 

 7  transportation and United States environmental protection agency

 

 1  for road use before being modified as described in subdivision

 

 2  (a).

 

 3        Sec. 627. (1) A person operating a vehicle on a highway

 

 4  shall operate that vehicle at a careful and prudent speed not

 

 5  greater than nor less than is reasonable and proper, having due

 

 6  regard to the traffic, surface, and width of the highway and of

 

 7  any other condition then existing. A person shall not operate a

 

 8  vehicle upon a highway at a speed greater than that which will

 

 9  permit a stop within the assured, clear distance ahead.

 

10        (2) Except in those instances where a lower speed is

 

11  specified in this chapter or the speed is unsafe pursuant to

 

12  under subsection (1), it is prima facie lawful for the operator

 

13  of a vehicle to operate that vehicle at a speed not exceeding the

 

14  following, except when this speed would be unsafe:

 

15        (a) 25 miles per hour on all highways in a business

 

16  district. as that term is defined in section 5.

 

17        (b) 25 miles per hour in public parks unless a different

 

18  speed is fixed and duly posted.

 

19        (c) 25 miles per hour on all highways or parts of highways

 

20  within the boundaries of land platted under the land division

 

21  act, 1967 PA 288, MCL 560.101 to 560.293, or the condominium act,

 

22  1978 PA 59, MCL 559.101 to 559.276, unless a different speed is

 

23  fixed and posted.

 

24        (d) 25 miles per hour on a highway segment with 60 or more

 

25  vehicular access points within 1/2 mile.

 

26        (e) 35 miles per hour on a highway segment with not less

 

27  than 45 vehicular access points but no more than 59 vehicular

 

 1  access points within 1/2 mile.

 

 2        (f) 45 miles per hour on a highway segment with not less

 

 3  than 30 vehicular access points but no more than 44 vehicular

 

 4  access points within 1/2 mile.

 

 5        (3) It is prima facie unlawful for a person to exceed the

 

 6  speed limits prescribed in subsection (2), except as provided in

 

 7  section 629.

 

 8        (4) A person operating a vehicle in a mobile home park as

 

 9  defined in section 2 of the mobile home commission act, 1987 PA

 

10  96, MCL 125.2302, shall operate that vehicle at a careful and

 

11  prudent speed, not greater than a speed that is reasonable and

 

12  proper, having due regard for the traffic, surface, width of the

 

13  roadway, and all other conditions existing, and not greater than

 

14  a speed that permits a stop within the assured clear distance

 

15  ahead. It is prima facie unlawful for the operator of a vehicle

 

16  to operate that vehicle at a speed exceeding 15 miles an hour in

 

17  a mobile home park as defined in section 2 of the mobile home

 

18  commission act, 1987 PA 96, MCL 125.2302.

 

19        (5) A person operating a passenger vehicle drawing another

 

20  vehicle or trailer shall not exceed the posted speed limit.

 

21        (6) Except as otherwise provided in this subsection, a

 

22  person operating a truck with a gross weight of 10,000 pounds or

 

23  more, a truck-tractor, a truck-tractor with a semi-trailer or

 

24  trailer, or a combination of these vehicles shall not exceed a

 

25  speed of 55 miles per hour on highways, streets, or freeways and

 

26  shall not exceed a speed of 35 miles per hour during the period

 

27  when reduced loadings are being enforced in accordance with this

 

 1  chapter. However, a person operating a school bus, a truck, a

 

 2  truck-tractor, or a truck-tractor with a semi-trailer or trailer

 

 3  described in this subsection shall not exceed a speed of 60 miles

 

 4  per hour on a freeway if the maximum speed limit on that freeway

 

 5  is 70 miles per hour. A person operating a modified agriculture

 

 6  vehicle shall not exceed a speed of 45 miles per hour.

 

 7        (7) Except as otherwise provided in subsection (6), a person

 

 8  operating a school bus shall not exceed the speed of 55 miles per

 

 9  hour.

 

10        (8) The maximum rates of speeds allowed under this section

 

11  are subject to the maximum rate established under section 629b.

 

12        (9) A person operating a vehicle on a highway, when entering

 

13  and passing through a work zone described in section 79d(a) where

 

14  a normal lane or part of the lane of traffic has been closed due

 

15  to highway construction, maintenance, or surveying activities,

 

16  shall not exceed a speed of 45 miles per hour unless a different

 

17  speed limit is determined for that work zone by the state

 

18  transportation department, a county road commission, or a local

 

19  authority, based on accepted engineering practice. The state

 

20  transportation department, a county road commission, or a local

 

21  authority shall post speed limit signs in each work zone

 

22  described in section 79d(a) that indicate the speed limit in that

 

23  work zone and shall identify that work zone with any other

 

24  traffic control devices necessary to conform to the Michigan

 

25  manual of uniform traffic control devices. A person shall not

 

26  exceed a speed limit established under this section or a speed

 

27  limit established under section 628 or 629.

 

 1        (10) Subject to subsections (1) and (2)(c), speed limits

 

 2  established pursuant to under this section are not valid unless

 

 3  properly posted. In the absence of a properly posted sign, the

 

 4  speed limit in effect shall be the general speed limit pursuant

 

 5  to under section 628(1).

 

 6        (11) Nothing in this section prevents the establishment of

 

 7  an absolute speed limit pursuant to under section 628. Subject to

 

 8  subsection (1), an absolute speed limit established pursuant to

 

 9  under section 628 supersedes a prima facie speed limit

 

10  established pursuant to under this section.

 

11        (12) Nothing in this section shall be construed as

 

12  justification to deny a traffic and engineering investigation.

 

13        (13) As used in this section, "vehicular access point" means

 

14  a driveway or intersecting roadway.

 

15        (14) A person who violates this section is responsible for a

 

16  civil infraction.

 

17        Sec. 688. (1) In addition to other equipment required in

 

18  this chapter, the following vehicles shall be equipped as

 

19  provided in this section under the conditions stated in section

 

20  687:

 

21        (a) On every bus or truck, whatever its size, there shall be

 

22  on the rear, 2 red reflectors, 1 on each side, and 1 red or amber

 

23  stop light.

 

24        (b) On every bus or truck 80 inches or more in overall

 

25  width, in addition to the requirements in subdivision (a), the

 

26  following:

 

27        (i) On the front, 2 clearance lamps, 1 at each side.

 

 1        (ii) On the rear, 2 clearance lamps, 1 at each side.

 

 2        (iii) On each side, 2 side marker lamps, 1 at or near the

 

 3  front and 1 at or near the rear.

 

 4        (iv) On each side, 2 reflectors, 1 at or near the front and 1

 

 5  at or near the rear.

 

 6        (v) Three identification lamps, mounted on the vertical

 

 7  centerline of the vehicle or the vertical centerline of the cab

 

 8  where different from the centerline of the vehicle, except that,

 

 9  where if the cab is not more than 42 inches wide at the front

 

10  roofline, a single lamp at the center of the cab shall be

 

11  considered to comply with satisfies the requirements for

 

12  identification lamps. The identification lamps or their mounts

 

13  shall not extend below the top of the vehicle windshield.

 

14        (c) On every truck tractor, the following:

 

15        (i) On the front, 2 clearance lamps, 1 at each side.

 

16        (ii) On the rear, 1 stop light.

 

17        (d) On every trailer, pickup camper, or semitrailer having a

 

18  gross weight in excess of 3,000 pounds, the following:

 

19        (i) On the front, 2 clearance lamps, 1 at each side.

 

20        (ii) On each side, 2 side marker lamps, 1 at or near the

 

21  front and 1 at or near the rear.

 

22        (iii) On each side, 2 reflectors, 1 at or near the front and 1

 

23  at or near the rear.

 

24        (iv) On the rear, 2 clearance lamps, 1 at each side, also 2

 

25  reflectors, 1 at each side, and 1 stop light.

 

26        (e) On every poletrailer, the following:

 

27        (i) On each side, 1 side marker lamp and 1 clearance lamp

 

 1  which may be in combination, to show to the front, side, or rear.

 

 2        (ii) On the rear of the poletrailer or load, 2 reflectors, 1

 

 3  on each side.

 

 4        (f) On every trailer, pickup camper, or semitrailer weighing

 

 5  3,000 pounds gross or less, on the rear, 2 reflectors, 1 on each

 

 6  side if any trailer or semitrailer is so loaded or is of such

 

 7  dimensions as to obscure the stop light on the towing vehicle,

 

 8  then such vehicle shall also be equipped with 1 stop light.

 

 9        (g) Subject to subsection (3), when operated on the highway,

 

10  every vehicle which that has a maximum potential speed of 25

 

11  miles an hour, implement of husbandry, farm tractor, modified

 

12  agriculture vehicle, or special mobile equipment shall be

 

13  identified with a reflective device as follows:

 

14        (i) An equilateral triangle in shape, at least 16 inches wide

 

15  at the base and at least 14 inches in height: with a dark red

 

16  border, at least 1-3/4 inches wide of highly reflective beaded

 

17  material.

 

18        (ii) A center triangle, at least 12-1/4 inches on each side

 

19  of yellow-orange fluorescent material.

 

20        (2) The device described in subdivision (g) subsection

 

21  (1)(g) shall be mounted on the rear of the vehicle, broad base

 

22  down, not less than 3 feet nor more than 5 feet above the ground

 

23  and as near the center of the vehicle as possible. The use of

 

24  this reflective device is restricted to use on slow moving

 

25  vehicles specified in this section, and use of such reflective

 

26  device on any other type of vehicle or stationary object on the

 

27  highway is prohibited. On the rear, at each side, red reflectors

 

 1  or reflectorized material visible from all distances within 500

 

 2  to 50 feet to the rear when directly in front of lawful upper

 

 3  beams of headlamps.

 

 4        (3) An implement of husbandry manufactured on or after

 

 5  January 1, 2007 shall comply with section 684a.

 

 6        Sec. 722. (1) The Except as otherwise provided in this

 

 7  section, the maximum axle load shall not exceed the number of

 

 8  pounds designated in the following provisions that prescribe the

 

 9  distance between axles:

 

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

 

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

 

12  equipped with high pressure pneumatic or balloon tires.

 

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

 

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

 

15  13,000 pounds for high pressure pneumatic or balloon tires.

 

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

 

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

 

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

 

19  normal loading maximum.

 

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

 

21  transportation department, or a local authority with respect to

 

22  highways under its jurisdiction, may designate certain highways,

 

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

 

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

 

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

 

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

 

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

 

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

 

 2  assembly shall be permitted on the designated highways at the

 

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

 

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

 

 5  no other tandem axle assembly in the combination of vehicles

 

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

 

 7  combination of truck tractor and semitrailer having not more than

 

 8  5 axles, 2 consecutive tandem axle assemblies shall be permitted

 

 9  on the designated highways at a gross permissible weight of

 

10  16,000 pounds per axle, if there is no other axle within 9 feet

 

11  of any axle of the assembly.

 

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

 

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

 

14  consecutive sets of tandem axles may carry a gross permissible

 

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

 

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

 

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

 

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

 

19  gross vehicle weight does not exceed 80,000 pounds to pick up and

 

20  deliver agricultural commodities between the national truck

 

21  network or special designated highways and any other highway.

 

22  This subsection is not subject to the maximum axle loads of

 

23  subsections (1), (2), and (3). For purposes of this subsection, a

 

24  "tandem axle" means 2 axles spaced more than 40 inches but not

 

25  more than 96 inches apart or 2 axles spaced more than 3-1/2 feet

 

26  but less than 9 feet apart. This subsection does not apply during

 

27  that period when reduced maximum loads are in effect under

 

 1  subsection (8).

 

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

 

 3  to the loading maximums and gross vehicle weight requirement of

 

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

 

 5  commodities if the person who picks up or delivers the

 

 6  agricultural commodity either from a farm or to a farm notifies

 

 7  the county road commission for roads under its authority not less

 

 8  than 48 hours before the pickup or delivery of the time and

 

 9  location of the pickup or delivery. The county road commission

 

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

 

11  exceed the administrative costs incurred. The permit shall

 

12  contain all of the following:

 

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

 

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

 

15  picks up or delivers the agricultural commodities during which

 

16  the load may be delivered or picked up.

 

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

 

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

 

19  parties.

 

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

 

21  to the loading maximums and gross vehicle weight requirements of

 

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

 

23  following circumstances:

 

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

 

25  as follows:

 

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

 

27  utility or its subcontractor shall notify the county road

 

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

 

 2  emergency public utility work and provide a statement that the

 

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

 

 4  have exceeded the loading maximums and gross vehicle weight

 

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

 

 6  The notification may be made via facsimile or electronically.

 

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

 

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

 

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

 

10        (b) For nonemergency public utility work on restricted

 

11  roads, as follows:

 

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

 

13  utility or its subcontractor shall apply to the county road

 

14  commission annually for a seasonal truck permit for roads under

 

15  its authority before seasonal weight restrictions are effective.

 

16  The county road commission shall issue a seasonal truck permit

 

17  for each public utility vehicle or vehicle configuration the

 

18  public utility or subcontractor anticipates will be utilized for

 

19  nonemergency public utility work. The county road commission may

 

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

 

21  administrative costs incurred for the permit. The seasonal truck

 

22  permit shall contain all of the following:

 

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

 

24  subcontractor during which the permit is valid.

 

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

 

26  vehicle configuration to be covered on the seasonal truck permit

 

27  requested by the public utility or subcontractor.

 

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

 

 2  weight restrictions will be minimized and only utilized when

 

 3  necessary to perform public utility work using the public utility

 

 4  vehicle or vehicle configuration and that nonrestricted roads

 

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

 

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

 

 7  permit is only valid while the subcontractor vehicle is being

 

 8  operated in the performance of public utility work.

 

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

 

10  configuration shall display signage on the outside of the vehicle

 

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

 

12  utility.

 

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

 

14  county road commission shall provide a notification application

 

15  for the public utility or its subcontractor to use when

 

16  requesting access to operate on restricted roads and the public

 

17  utility or its subcontractor shall provide notification to the

 

18  county road commission, via facsimile or electronically, not

 

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

 

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

 

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

 

22  the subcontractor's possession while performing the relevant

 

23  nonemergency work. Notwithstanding this subsection or an

 

24  agreement under this subsection, if the county road commission

 

25  determines that the condition of a particular road under its

 

26  jurisdiction makes it unusable, the county road commission may

 

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

 

 1  made and communicated via facsimile or electronically to the

 

 2  public utility or its subcontractor within 24 hours after

 

 3  receiving notification that the public utility or subcontractors

 

 4  intends to perform nonemergency work that requires use of that

 

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

 

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

 

 7  considered approved. The notification application required under

 

 8  this subparagraph may include all of the following information:

 

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

 

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

 

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

 

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

 

13  upon to the nonemergency work site or sites.

 

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

 

15  behalf the subcontractor is performing services.

 

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

 

17  published by the manufacturers, and the maximum wheel load

 

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

 

19  width of tire.

 

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

 

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

 

22  maximum axle load allowable on concrete pavements or pavements

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 4  subsection does not apply to vehicles transporting agricultural

 

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

 

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

 

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

 

 8  local authority with highways and streets under its jurisdiction

 

 9  to which the seasonal restrictions prescribed under this

 

10  subsection apply shall post all of the following information on

 

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

 

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

 

13  association of which it is a member:

 

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

 

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

 

16  highways and streets to which the seasonal restrictions apply.

 

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

 

18  jurisdiction and a county road commission for roads under its

 

19  jurisdiction may grant exemptions from seasonal weight

 

20  restrictions for milk on specified routes when requested in

 

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

 

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

 

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

 

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

 

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

 

26  applicant may appeal to the state transportation commission or

 

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

 

 1  county roads in counties that have negotiated agreements with

 

 2  milk haulers or haulers of other commodities during periods of

 

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

 

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

 

 5  such agreements.

 

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

 

 7  authority with respect to highways under its jurisdiction, may

 

 8  suspend the restrictions imposed by this section when and where

 

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

 

10  welfare warrant suspension, and impose the restricted loading

 

11  requirements of this section on designated highways at any other

 

12  time that the conditions of the highway require.

 

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

 

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

 

15  vehicles and loads shall be determined by weighing individual

 

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

 

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

 

18  weight shall be determined by weighing individual axles or by

 

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

 

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

 

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

 

22  more axles shall be determined by weighing individual axles or

 

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

 

24  shall be the overall gross weight of the group.

 

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

 

26  interstate highways, and the state transportation department, or

 

27  a local authority with respect to highways under its

 

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

 

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

 

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

 

 4  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 + 12N + 36\
12	\N-1          /

 

 

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

 

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

 

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

 

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

 

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

 

18  34,000 pounds each if the first and last axles of the consecutive

 

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

 

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

 

21  enforcement tolerances. Except for 5 axle truck tractor,

 

22  semitrailer combinations having 2 consecutive sets of tandem

 

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

 

24  or in excess of the vehicle gross weight determined by

 

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

 

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

 

 Senate Bill No. 516 as amended November 10, 2011

 

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

 

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

 

 3  centers of which may be included between parallel transverse

 

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

 

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

 

 6  Except as otherwise provided in this section, vehicles

 

 7  transporting agricultural commodities shall have weight load

 

 8  maximums as set forth in this subsection.

 

 9        (13) A vehicle carrying a load that is not less than 100%

 

10  agricultural commodities or raw timber <<from the place of harvest

    to the first point of delivery>> is considered to be in

 

11  compliance with the maximum weight requirements under this

 

12  section if its axle weights<< >> are not more than 10% greater than

 

13  the maximum weight otherwise permitted under this section.

 

14  However, a motor vehicle described in this subsection that is not

 

15  in compliance with the maximum weight requirements of this

 

16  section shall be considered to be in violation for the full

 

17  weight without consideration of the 10% compliance allowance.

 

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

 

19        (a) A vehicle utilizing an interstate highway.

 

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

 

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

 

22  seasonal weight restrictions are in effect.

 

23        (14) (13) As used in this section:

 

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

 

25  animals useful to human beings produced by agriculture and

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 6  not include trees or lumber.

 

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

 

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

 

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

 

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

 

11  emergency.

 

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

 

13  jurisdiction of the public service commission or a transmission

 

14  company.

 

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

 

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

 

17  behalf of a public utility.

 

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

 

19  transmission company or an independent transmission company as

 

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

 

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

 

22        Sec. 801. (1) The secretary of state shall collect the

 

23  following taxes at the time of registering a vehicle, which shall

 

24  exempt the vehicle from all other state and local taxation,

 

25  except the fees and taxes provided by law to be paid by certain

 

26  carriers operating motor vehicles and trailers under the motor

 

27  carrier act, 1933 PA 254, MCL 475.1 to 479.43; the taxes imposed

 

 1  by the motor carrier fuel tax act, 1980 PA 119, MCL 207.211 to

 

 2  207.234; and except as otherwise provided by this act:

 

 3        (a) For a motor vehicle, including a motor home, except as

 

 4  otherwise provided, and a pickup truck or van that weighs not

 

 5  more than 8,000 pounds, except as otherwise provided, according

 

 6  to the following schedule of empty weights:

 

 

7	Empty weights                                          Tax
8	0 to 3,000 pounds..................................$   29.00
9	3,001 to 3,500 pounds..............................    32.00
10	3,501 to 4,000 pounds..............................    37.00
11	4,001 to 4,500 pounds..............................    43.00
12	4,501 to 5,000 pounds..............................    47.00
13	5,001 to 5,500 pounds..............................    52.00
14	5,501 to 6,000 pounds..............................    57.00
15	6,001 to 6,500 pounds..............................    62.00
16	6,501 to 7,000 pounds..............................    67.00
17	7,001 to 7,500 pounds..............................    71.00
18	7,501 to 8,000 pounds..............................    77.00
19	8,001 to 8,500 pounds..............................    81.00
20	8,501 to 9,000 pounds..............................    86.00
21	9,001 to 9,500 pounds..............................    91.00
22	9,501 to 10,000 pounds.............................    95.00
23	over 10,000 pounds.....................$ 0.90 per 100 pounds
24	of empty weight

 

 

25        On October 1, 1983, and October 1, 1984, the tax assessed

 

26  under this subdivision shall be annually revised for the

 

27  registrations expiring on the appropriate October 1 or after that

 

28  date by multiplying the tax assessed in the preceding fiscal year

 

 1  times the personal income of Michigan for the preceding calendar

 

 2  year divided by the personal income of Michigan for the calendar

 

 3  year that preceded that calendar year. In performing the

 

 4  calculations under this subdivision, the secretary of state shall

 

 5  use the spring preliminary report of the United States department

 

 6  of commerce or its successor agency. A van that is owned by an

 

 7  individual who uses a wheelchair or by an individual who

 

 8  transports a member of his or her household who uses a wheelchair

 

 9  and for which registration plates are issued under section 803d

 

10  shall be assessed at the rate of 50% of the tax provided for in

 

11  this subdivision.

 

12        (b) For a trailer coach attached to a motor vehicle, the tax

 

13  shall be assessed as provided in subdivision (l). A trailer coach

 

14  not under 1959 PA 243, MCL 125.1035 to 125.1043, and while

 

15  located on land otherwise assessable as real property under the

 

16  general property tax act, 1893 PA 206, MCL 211.1 to 211.155, if

 

17  the trailer coach is used as a place of habitation, and whether

 

18  or not permanently affixed to the soil, is not exempt from real

 

19  property taxes.

 

20        (c) For a road tractor, modified agricultural vehicle,

 

21  truck, or truck tractor owned by a farmer and used exclusively in

 

22  connection with a farming operation, including a farmer hauling

 

23  livestock or farm equipment for other farmers for remuneration in

 

24  kind or in labor, but not for money, or used for the

 

25  transportation of the farmer and the farmer's family, and not

 

26  used for hire, 74 cents per 100 pounds of empty weight of the

 

27  road tractor, truck, or truck tractor. If the road tractor,

 

 1  modified agricultural vehicle, truck, or truck tractor owned by a

 

 2  farmer is also used for a nonfarming operation, the farmer is

 

 3  subject to the highest registration tax applicable to the nonfarm

 

 4  use of the vehicle but is not subject to more than 1 tax rate

 

 5  under this act.

 

 6        (d) For a road tractor, truck, or truck tractor owned by a

 

 7  wood harvester and used exclusively in connection with the wood

 

 8  harvesting operations or a truck used exclusively to haul milk

 

 9  from the farm to the first point of delivery, 74 cents per 100

 

10  pounds of empty weight of the road tractor, truck, or truck

 

11  tractor. A registration secured by payment of the tax prescribed

 

12  in this subdivision continues in full force and effect until the

 

13  regular expiration date of the registration. As used in this

 

14  subdivision:

 

15        (i) "Wood harvester" includes the person or persons hauling

 

16  and transporting raw materials in the form produced at the

 

17  harvest site or hauling and transporting wood harvesting

 

18  equipment. Wood harvester does not include a person or persons

 

19  whose primary activity is tree-trimming or landscaping.

 

20        (ii) "Wood harvesting equipment" includes all of the

 

21  following:

 

22        (A) A vehicle that directly harvests logs or timber,

 

23  including, but not limited to, a processor or a feller buncher.

 

24        (B) A vehicle that directly processes harvested logs or

 

25  timber, including, but not limited to, a slasher, delimber,

 

26  processor, chipper, or saw table.

 

27        (C) A vehicle that directly processes harvested logs or

 

 1  timber, including, but not limited to, a forwarder, grapple

 

 2  skidder, or cable skidder.

 

 3        (D) A vehicle that directly loads harvested logs or timber,

 

 4  including, but not limited to, a knuckle-boom loader, front-end

 

 5  loader, or forklift.

 

 6        (E) A bulldozer or road grader being transported to a wood

 

 7  harvesting site specifically for the purpose of building or

 

 8  maintaining harvest site roads.

 

 9        (iii) "Wood harvesting operations" does not include the

 

10  transportation of processed lumber, Christmas trees, or processed

 

11  firewood for a profit making venture.

 

12        (e) For a hearse or ambulance used exclusively by a licensed

 

13  funeral director in the general conduct of the licensee's funeral

 

14  business, including a hearse or ambulance whose owner is engaged

 

15  in the business of leasing or renting the hearse or ambulance to

 

16  others, $1.17 per 100 pounds of the empty weight of the hearse or

 

17  ambulance.

 

18        (f) For a vehicle owned and operated by this state, a state

 

19  institution, a municipality, a privately incorporated, nonprofit

 

20  volunteer fire department, or a nonpublic, nonprofit college or

 

21  university, $5.00 per plate. A registration plate issued under

 

22  this subdivision expires on June 30 of the year in which new

 

23  registration plates are reissued for all vehicles by the

 

24  secretary of state.

 

25        (g) For a bus including a station wagon, carryall, or

 

26  similarly constructed vehicle owned and operated by a nonprofit

 

27  parents' transportation corporation used for school purposes,

 

 1  parochial school or society, church Sunday school, or any other

 

 2  grammar school, or by a nonprofit youth organization or nonprofit

 

 3  rehabilitation facility; or a motor vehicle owned and operated by

 

 4  a senior citizen center, $10.00, if the bus, station wagon,

 

 5  carryall, or similarly constructed vehicle or motor vehicle is

 

 6  designated by proper signs showing the organization operating the

 

 7  vehicle.

 

 8        (h) For a vehicle owned by a nonprofit organization and used

 

 9  to transport equipment for providing dialysis treatment to

 

10  children at camp; for a vehicle owned by the civil air patrol, as

 

11  organized under 36 USC 40301 to 40307, $10.00 per plate, if the

 

12  vehicle is designated by a proper sign showing the civil air

 

13  patrol's name; for a vehicle owned and operated by a nonprofit

 

14  veterans center; for a vehicle owned and operated by a nonprofit

 

15  recycling center or a federally recognized nonprofit conservation

 

16  organization; for a motor vehicle having a truck chassis and a

 

17  locomotive or ship's body that is owned by a nonprofit veterans

 

18  organization and used exclusively in parades and civic events; or

 

19  for an emergency support vehicle used exclusively for emergencies

 

20  and owned and operated by a federally recognized nonprofit

 

21  charitable organization, $10.00 per plate.

 

22        (i) For each truck owned and operated free of charge by a

 

23  bona fide ecclesiastical or charitable corporation, or red cross,

 

24  girl scout, or boy scout organization, 65 cents per 100 pounds of

 

25  the empty weight of the truck.

 

26        (j) For each truck, weighing 8,000 pounds or less, and not

 

27  used to tow a vehicle, for each privately owned truck used to tow

 

 1  a trailer for recreational purposes only and not involved in a

 

 2  profit making venture, and for each vehicle designed and used to

 

 3  tow a mobile home or a trailer coach, except as provided in

 

 4  subdivision (b), $38.00 or an amount computed according to the

 

 5  following schedule of empty weights, whichever is greater:

 

 

6	Empty weights                               Per 100 pounds
7	0 to 2,500 pounds..............................  $     1.40
8	2,501 to 4,000 pounds..........................        1.76
9	4,001 to 6,000 pounds..........................        2.20
10	6,001 to 8,000 pounds..........................        2.72
11	8,001 to 10,000 pounds.........................        3.25
12	10,001 to 15,000 pounds........................        3.77
13	15,001 pounds and over.........................        4.39

 

 

14        If the tax required under subdivision (p) for a vehicle of

 

15  the same model year with the same list price as the vehicle for

 

16  which registration is sought under this subdivision is more than

 

17  the tax provided under the preceding provisions of this

 

18  subdivision for an identical vehicle, the tax required under this

 

19  subdivision is not less than the tax required under subdivision

 

20  (p) for a vehicle of the same model year with the same list

 

21  price.

 

22        (k) For each truck weighing 8,000 pounds or less towing a

 

23  trailer or any other combination of vehicles and for each truck

 

24  weighing 8,001 pounds or more, road tractor or truck tractor,

 

25  except as provided in subdivision (j) according to the following

 

26  schedule of elected gross weights:

 

 

1	Elected gross weight                                    Tax
2	0 to 24,000 pounds..............................  $    491.00
3	24,001 to 26,000 pounds.........................       558.00
4	26,001 to 28,000 pounds.........................       558.00
5	28,001 to 32,000 pounds.........................       649.00
6	32,001 to 36,000 pounds.........................       744.00
7	36,001 to 42,000 pounds.........................       874.00
8	42,001 to 48,000 pounds.........................     1,005.00
9	48,001 to 54,000 pounds.........................     1,135.00
10	54,001 to 60,000 pounds.........................     1,268.00
11	60,001 to 66,000 pounds.........................     1,398.00
12	66,001 to 72,000 pounds.........................     1,529.00
13	72,001 to 80,000 pounds.........................     1,660.00
14	80,001 to 90,000 pounds.........................     1,793.00
15	90,001 to 100,000 pounds........................     2,002.00
16	100,001 to 115,000 pounds.......................     2,223.00
17	115,001 to 130,000 pounds.......................     2,448.00
18	130,001 to 145,000 pounds.......................     2,670.00
19	145,001 to 160,000 pounds.......................     2,894.00
20	over 160,000 pounds.............................     3,117.00

 

 

21        For each commercial vehicle registered under this

 

22  subdivision, $15.00 shall be deposited in a truck safety fund to

 

23  be expended for the purposes prescribed in section 25 of 1951 PA

 

24  51, MCL 247.675.

 

25        If a truck or road tractor without trailer is leased from an

 

26  individual owner-operator, the lessee, whether a person, firm, or

 

27  corporation, shall pay to the owner-operator 60% of the tax

 

28  prescribed in this subdivision for the truck tractor or road

 

 1  tractor at the rate of 1/12 for each month of the lease or

 

 2  arrangement in addition to the compensation the owner-operator is

 

 3  entitled to for the rental of his or her equipment.

 

 4        (l) For each pole trailer, semitrailer, trailer coach, or

 

 5  trailer, the tax shall be assessed according to the following

 

 6  schedule of empty weights:

 

 

7	Empty weights                                           Tax
8	0 to 2,499 pounds................................   $   75.00
9	2,500 to 9,999 pounds............................      200.00
10	10,000 pounds and over...........................      300.00

 

 

11        The registration plate issued under this subdivision expires

 

12  only when the secretary of state reissues a new registration

 

13  plate for all trailers. Beginning October 1, 2005, if the

 

14  secretary of state reissues a new registration plate for all

 

15  trailers, a person who has once paid the tax as increased by 2003

 

16  PA 152 for a vehicle under this subdivision is not required to

 

17  pay the tax for that vehicle a second time, but is required to

 

18  pay only the cost of the reissued plate at the rate provided in

 

19  section 804(2) for a standard plate. A registration plate issued

 

20  under this subdivision is nontransferable.

 

21        (m) For each commercial vehicle used for the transportation

 

22  of passengers for hire except for a vehicle for which a payment

 

23  is made under 1960 PA 2, MCL 257.971 to 257.972, according to the

 

24  following schedule of empty weights:

 

 

25	Empty weights                                  Per 100 pounds

1	0 to 4,000 pounds.............................. $      1.76
2	4,001 to 6,000 pounds..........................        2.20
3	6,001 to 10,000 pounds.........................        2.72
4	10,001 pounds and over.........................        3.25
5	(n) For each motorcycle........................ $     23.00

 

 

 6        On October 1, 1983, and October 1, 1984, the tax assessed

 

 7  under this subdivision shall be annually revised for the

 

 8  registrations expiring on the appropriate October 1 or after that

 

 9  date by multiplying the tax assessed in the preceding fiscal year

 

10  times the personal income of Michigan for the preceding calendar

 

11  year divided by the personal income of Michigan for the calendar

 

12  year that preceded that calendar year. In performing the

 

13  calculations under this subdivision, the secretary of state shall

 

14  use the spring preliminary report of the United States department

 

15  of commerce or its successor agency.

 

16        Beginning January 1, 1984, the registration tax for each

 

17  motorcycle is increased by $3.00. The $3.00 increase is not part

 

18  of the tax assessed under this subdivision for the purpose of the

 

19  annual October 1 revisions but is in addition to the tax assessed

 

20  as a result of the annual October 1 revisions. Beginning January

 

21  1, 1984, $3.00 of each motorcycle fee shall be placed in a

 

22  motorcycle safety fund in the state treasury and shall be used

 

23  only for funding the motorcycle safety education program as

 

24  provided for under sections 312b and 811a.

 

25        (o) For each truck weighing 8,001 pounds or more, road

 

26  tractor, or truck tractor used exclusively as a moving van or

 

27  part of a moving van in transporting household furniture and

 

 1  household effects or the equipment or those engaged in conducting

 

 2  carnivals, at the rate of 80% of the schedule of elected gross

 

 3  weights in subdivision (k) as modified by the operation of that

 

 4  subdivision.

 

 5        (p) After September 30, 1983, each motor vehicle of the 1984

 

 6  or a subsequent model year as shown on the application required

 

 7  under section 217 that has not been previously subject to the tax

 

 8  rates of this section and that is of the motor vehicle category

 

 9  otherwise subject to the tax schedule described in subdivision

 

10  (a), and each low-speed vehicle according to the following

 

11  schedule based upon registration periods of 12 months:

 

12        (i) Except as otherwise provided in this subdivision, for the

 

13  first registration that is not a transfer registration under

 

14  section 809 and for the first registration after a transfer

 

15  registration under section 809, according to the following

 

16  schedule based on the vehicle's list price:

 

 

17	List Price                                               Tax
18	$ 0 - $ 6,000.00................................    $    30.00
19	More than $ 6,000.00 - $ 7,000.00...............    $    33.00
20	More than $ 7,000.00 - $ 8,000.00...............    $    38.00
21	More than $ 8,000.00 - $ 9,000.00...............    $    43.00
22	More than $ 9,000.00 - $ 10,000.00..............    $    48.00
23	More than $ 10,000.00 - $ 11,000.00.............    $    53.00
24	More than $ 11,000.00 - $ 12,000.00.............    $    58.00
25	More than $ 12,000.00 - $ 13,000.00.............    $    63.00
26	More than $ 13,000.00 - $ 14,000.00.............    $    68.00
27	More than $ 14,000.00 - $ 15,000.00.............    $    73.00

1	More than $ 15,000.00 - $ 16,000.00.............    $    78.00
2	More than $ 16,000.00 - $ 17,000.00.............    $    83.00
3	More than $ 17,000.00 - $ 18,000.00.............    $    88.00
4	More than $ 18,000.00 - $ 19,000.00.............    $    93.00
5	More than $ 19,000.00 - $ 20,000.00.............    $    98.00
6	More than $ 20,000.00 - $ 21,000.00.............    $   103.00
7	More than $ 21,000.00 - $ 22,000.00.............    $   108.00
8	More than $ 22,000.00 - $ 23,000.00.............    $   113.00
9	More than $ 23,000.00 - $ 24,000.00.............    $   118.00
10	More than $ 24,000.00 - $ 25,000.00.............    $   123.00
11	More than $ 25,000.00 - $ 26,000.00.............    $   128.00
12	More than $ 26,000.00 - $ 27,000.00.............    $   133.00
13	More than $ 27,000.00 - $ 28,000.00.............    $   138.00
14	More than $ 28,000.00 - $ 29,000.00.............    $   143.00
15	More than $ 29,000.00 - $ 30,000.00.............    $   148.00

 

 

16        More than $30,000.00, the tax of $148.00 is increased by

 

17  $5.00 for each $1,000.00 increment or fraction of a $1,000.00

 

18  increment over $30,000.00. If a current tax increases or

 

19  decreases as a result of 1998 PA 384, only a vehicle purchased or

 

20  transferred after January 1, 1999 shall be assessed the increased

 

21  or decreased tax.

 

22        (ii) For the second registration, 90% of the tax assessed

 

23  under subparagraph (i).

 

24        (iii) For the third registration, 90% of the tax assessed

 

25  under subparagraph (ii).

 

26        (iv) For the fourth and subsequent registrations, 90% of the

 

27  tax assessed under subparagraph (iii).

 

28        For a vehicle of the 1984 or a subsequent model year that

 

 1  has been previously registered by a person other than the person

 

 2  applying for registration or for a vehicle of the 1984 or a

 

 3  subsequent model year that has been previously registered in

 

 4  another state or country and is registered for the first time in

 

 5  this state, the tax under this subdivision shall be determined by

 

 6  subtracting the model year of the vehicle from the calendar year

 

 7  for which the registration is sought. If the result is zero or a

 

 8  negative figure, the first registration tax shall be paid. If the

 

 9  result is 1, 2, or 3 or more, then, respectively, the second,

 

10  third, or subsequent registration tax shall be paid. A van that

 

11  is owned by an individual who uses a wheelchair or by an

 

12  individual who transports a member of his or her household who

 

13  uses a wheelchair and for which registration plates are issued

 

14  under section 803d shall be assessed at the rate of 50% of the

 

15  tax provided for in this subdivision.

 

16        (q) For a wrecker, $200.00.

 

17        (r) When the secretary of state computes a tax under this

 

18  section, a computation that does not result in a whole dollar

 

19  figure shall be rounded to the next lower whole dollar when the

 

20  computation results in a figure ending in 50 cents or less and

 

21  shall be rounded to the next higher whole dollar when the

 

22  computation results in a figure ending in 51 cents or more,

 

23  unless specific taxes are specified, and the secretary of state

 

24  may accept the manufacturer's shipping weight of the vehicle

 

25  fully equipped for the use for which the registration application

 

26  is made. If the weight is not correctly stated or is not

 

27  satisfactory, the secretary of state shall determine the actual

 

 1  weight. Each application for registration of a vehicle under

 

 2  subdivisions (j) and (m) shall have attached to the application a

 

 3  scale weight receipt of the vehicle fully equipped as of the time

 

 4  the application is made. The scale weight receipt is not

 

 5  necessary if there is presented with the application a

 

 6  registration receipt of the previous year that shows on its face

 

 7  the weight of the motor vehicle as registered with the secretary

 

 8  of state and that is accompanied by a statement of the applicant

 

 9  that there has not been a structural change in the motor vehicle

 

10  that has increased the weight and that the previous registered

 

11  weight is the true weight.

 

12        (2) A manufacturer is not exempted under this act from

 

13  paying ad valorem taxes on vehicles in stock or bond, except on

 

14  the specified number of motor vehicles registered. A dealer is

 

15  exempt from paying ad valorem taxes on vehicles in stock or bond.

 

16        (3) Until October 1, 2015, the tax for a vehicle with an

 

17  empty weight over 10,000 pounds imposed under subsection (1)(a)

 

18  and the taxes imposed under subsection (1)(c), (d), (e), (f),

 

19  (i), (j), (m), (o), and (p) are each increased as follows:

 

20        (a) A regulatory fee of $2.25 that shall be credited to the

 

21  traffic law enforcement and safety fund created in section 819a

 

22  and used to regulate highway safety.

 

23        (b) A fee of $5.75 that shall be credited to the

 

24  transportation administration collection fund created in section

 

25  810b.

 

26        (4) If a tax required to be paid under this section is not

 

27  received by the secretary of state on or before the expiration

 

 1  date of the registration plate, the secretary of state shall

 

 2  collect a late fee of $10.00 for each registration renewed after

 

 3  the expiration date. An application for a renewal of a

 

 4  registration using the regular mail and postmarked before the

 

 5  expiration date of that registration shall not be assessed a late

 

 6  fee. The late fee collected under this subsection shall be

 

 7  deposited into the general fund.

 

 8        (5) As used in this section:

 

 9        (a) "Gross proceeds" means that term as defined in section 1

 

10  of the general sales tax act, 1933 PA 167, MCL 205.51, and

 

11  includes the value of the motor vehicle used as part payment of

 

12  the purchase price as that value is agreed to by the parties to

 

13  the sale, as evidenced by the signed agreement executed under

 

14  section 251.

 

15        (b) "List price" means the manufacturer's suggested base

 

16  list price as published by the secretary of state, or the

 

17  manufacturer's suggested retail price as shown on the label

 

18  required to be affixed to the vehicle under 15 USC 1232, if the

 

19  secretary of state has not at the time of the sale of the vehicle

 

20  published a manufacturer's suggested retail price for that

 

21  vehicle, or the purchase price of the vehicle if the

 

22  manufacturer's suggested base list price is unavailable from the

 

23  sources described in this subdivision.

 

24        (c) "Purchase price" means the gross proceeds received by

 

25  the seller in consideration of the sale of the motor vehicle

 

26  being registered.