Bill Text: MI SB0871 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Transportation: other; load and delivery restrictions on motor carriers and drivers engaged in the transport of essential supplies, equipment, and persons; suspend during a declared emergency. Amends sec. 722a of 1949 PA 300 (MCL 257.722a) & adds sec. 722b.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-04-24 - Referred To Committee On Government Operations [SB0871 Detail]
Download: Michigan-2019-SB0871-Introduced.html
SENATE BILL NO. 871
April 24, 2020, Introduced by Senator SCHMIDT
and referred to the Committee on Government Operations.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 722a (MCL 257.722a), as amended by 1995 PA 248, and by adding section 722b.
the people of the state of michigan enact:
Sec. 722a. (1) A truck pulling a trailer, a truck
tractor pulling a semitrailer and trailer combination, or a truck tractor
pulling 2 semitrailers shall must not transport a flammable liquid, in
bulk, which has a flash point at or below 70 degrees Fahrenheit within this
state.
(2) A truck pulling a
trailer, a truck tractor pulling a semitrailer and trailer combination, or a
truck tractor pulling 2 semitrailers shall must not
transport a flammable gas or a compressed flammable gas, in bulk, as defined by
49 C.F.R. CFR parts 100 to 180, within this state.
(3) A truck or a truck
tractor pulling a semitrailer shall must not transport a flammable liquid, in
bulk, which has a flash point at or below 70 degrees Fahrenheit in this state,
unless the truck or the semitrailer has a water capacity of less than 13,800
gallons. This subsection does not apply to those vehicles registered with the
motor carrier division of the department of state police on or before January
1, 1986.
(4) A truck or truck
tractor pulling a semitrailer shall must not transport a flammable liquid, in
bulk, which has a flash point at or below 70 degrees Fahrenheit in a quantity
of more than 13,400 gallons.
(5) The owner or driver
of a vehicle that transports, or a shipper who loads a vehicle with a flammable
liquid, flammable gas, or compressed flammable gas in violation of this section
is guilty of a misdemeanor, punishable by a fine of not more than $3,000.00, or
imprisonment for not more than 90 days, or both.
(6) This section shall must be enforced only by a police
officer.
(7) For the purposes of this section, "in bulk" means an amount of product or material of 3,500 water gallons or more in a single containment system. Commercial motor vehicles transporting hazardous materials shall must comply with the motor carrier safety act , Act No. 181 of the Public Acts of 1963, being sections 480.11 to 480.21 of the Michigan Compiled Laws.of 1963, 1963 PA 181, MCL 480.11 to 480.25.
Sec. 722b. (1) Notwithstanding any provisions of this act to the contrary, during the state of emergency declared under Executive Order No. 2020-33 or any extension of that order, the following restrictions are suspended for deliveries that meet the immediate needs of the public:
(a) All state and local seasonal load restrictions.
(b) All state and local restrictions on the noise and timing of loading and delivery of goods.
(2) During the state of emergency declared under Executive Order No. 2020-33 or any extension of that order, the state transportation department, or a local authority with respect to highway under its jurisdiction, shall issue permits that allow nonseasonal local restrictions to be exceeded. The permits issued under this subsection must reflect the bridge weight tolerance and must apply to deliveries that meet the immediate needs of the public.
(3) As used in this section, "deliveries that meet the immediate needs of the public" includes deliveries of any of the following:
(a) Medical supplies and equipment related to the testing, diagnosis, and treatment of COVID-19.
(b) Supplies and equipment that are necessary for community safety, sanitation, and the prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap, and disinfectants.
(c) Food for the emergency restocking of stores.
(d) Equipment, supplies, and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to the COVID-19 pandemic.
(e) Persons designated by federal, state, or local authorities for medical, isolation, or quarantine purposes.
(f) Individuals necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 pandemic.
