HB-4358, As Passed House, September 29, 2004

SUBSTITUTE FOR

HOUSE BILL NO. 4358

                                                                             A bill to amend 1949 PA 300, entitled                                             

"Michigan vehicle code,"                                                    

by amending sections 719 and 724 (MCL 257.719 and 257.724),                 

section 719 as amended by 2003 PA 142 and section 724 as amended            

by 1988 PA 346, and by adding section 724a.                                 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 719.  (1) A vehicle unloaded or with load shall not                    

2   exceed a height of 13 feet 6 inches.  The owner of a vehicle that           

3   collides with a lawfully established bridge or viaduct is liable            

4   for all damage and injury resulting from a collision caused by              

5   the height of the vehicle, whether the clearance of the bridge or           

6   viaduct is posted or not.                                                   

7       (2) Lengths described in this subsection shall be known as                  

8   the normal length maximum.  Except as provided in subsection (3),           

9   the following vehicles and combinations of vehicles shall not be            

1   operated on a highway in this state in excess of these lengths:             

2       (a) Subject to subsection  (9) (8), any single vehicle:  40                

3   feet; a crib vehicle on which logs are loaded lengthwise of the             

4   vehicle:  42.5 feet; any single bus or motor home:  45 feet.                

5       (b) Articulated buses:  65 feet.                                            

6       (c) Notwithstanding any other provision of this section, a                  

7   combination of a truck and semitrailer or trailer, or a truck               

8   tractor, semitrailer, and trailer, or truck tractor and                     

9   semitrailer or trailer, designed and used exclusively to                    

10  transport assembled motor vehicles or bodies, recreational                  

11  vehicles, or boats, that does not exceed a length of 65 feet.               

12  Stinger-steered combinations shall not exceed a length of 75                

13  feet.  The load on the combinations of vehicles described in this           

14  subdivision may extend an additional 3 feet beyond the front and            

15  4 feet beyond the rear of the combinations of vehicles.                     

16  Retractable extensions used to support and secure the load that             

17  do not extend beyond the allowable overhang for the front and               

18  rear shall not be included in determining length of a loaded                

19  vehicle or vehicle combination.                                             

20      (d) Truck tractor and semitrailer combinations:  no overall                 

21  length, the semitrailer not to exceed 50 feet.                              

22      (e) Truck and semitrailer or trailer:   59 65 feet.                        

23      (f) Truck tractor, semitrailer, and trailer, or truck tractor               

24  and 2 semitrailers:   59 65 feet.                                          

25      (g) More than 1 motor vehicle, wholly or partially assembled,               

26  in combination, utilizing 1 tow bar or 3 saddle mounts with full            

27  mount mechanisms and utilizing the motive power of 1 of the                 

1   vehicles in combination, not to exceed 55 feet.                             

2       (3) Notwithstanding subsection (2), the following vehicles                  

3   and combinations of vehicles shall not be operated on a                     

4   designated highway of this state in excess of these lengths:                

5       (a) Truck tractor and semitrailer combinations:  no overall                 

6   length limit, the semitrailer not to exceed 53 feet.  All                   

7   semitrailers longer than 50 feet shall have a wheelbase of 37.5             

8   to 40.5 feet plus or minus 0.5 feet, measured from the kingpin              

9   coupling to the center of the rear axle or the center of the rear           

10  axle assembly.   Before April 1, 2003, a semitrailer with a                 

11  length longer than 50 feet shall not operate with more than 2               

12  axles on the semitrailer.  After March 31, 2003, a A semitrailer           

13  with a length longer than 50 feet shall not operate with more               

14  than 3 axles on the semitrailer.  City, village, or county                  

15  authorities may prohibit stops of vehicles with a semitrailer               

16  longer than 50 feet within their jurisdiction unless the stop               

17  occurs along appropriately designated routes, or is necessary for           

18  emergency purposes or to reach shippers, receivers, warehouses,             

19  and terminals along designated routes.                                      

20      (b) Truck and semitrailer or trailer combinations:  65 feet,                

21  except that a person may operate a truck and semitrailer or                 

22  trailer designed and used to transport saw logs, pulpwood, and              

23  tree length poles that does not exceed an overall length of 70              

24  feet or a crib vehicle and semitrailer or trailer designed and              

25  used to transport saw logs that does not exceed an overall length           

26  of 75 feet.  A crib vehicle and semitrailer or trailer designed             

27  to and used to transport saw logs shall not exceed a gross                  

1   vehicle weight of 164,000 pounds.  A person may operate a truck             

2   tractor and semitrailer designed and used to transport saw logs,            

3   pulpwood, and tree length wooden poles with a load overhang to              

4   the rear of the semitrailer which does not exceed 6 feet if the             

5   semitrailer does not exceed 50 feet in length.                              

6       (c) Truck tractor and 2 semitrailers, or truck tractor,                     

7   semitrailer, and trailer combinations:  no overall length limit,            

8   if the length of each semitrailer or trailer does not exceed                

9   28-1/2 feet each, or the overall length of the semitrailer and              

10  trailer, or 2 semitrailers as measured from the front of the                

11  first towed unit to the rear of the second towed unit while the             

12  units are coupled together does not exceed 58 feet.                         

13      (d) More than 1 motor vehicle, wholly or partially assembled,               

14  in combination, utilizing 1 tow bar or 3 saddle mounts with full            

15  mount mechanisms and utilizing the motive power of 1 of the                 

16  vehicles in combination, not to exceed 75 feet.                             

17      (4) The following combinations and movements are prohibited:                

18      (a) A truck shall not haul more than 1 trailer or                           

19  semitrailer, and a truck tractor shall not haul more than 2                 

20  semitrailers or 1 semitrailer and 1 trailer in combination at any           

21  1 time, except that a farm tractor may haul 2 wagons or trailers,           

22  or garbage and refuse haulers may, during daylight hours, haul up           

23  to 4 trailers for garbage and refuse collection purposes, not               

24  exceeding in any combination a total length of 55 feet and at a             

25  speed limit not to exceed 15 miles per hour.                                

26      (b) A combination of vehicles or a vehicle shall not have                   

27  more than 11 axles, except when operating under a valid permit              

1   issued by the state transportation department or a local                    

2   authority with respect to a highway under its jurisdiction.                 

3       (c) Any combination of vehicles not specifically authorized                 

4   under this section is prohibited.                                           

5       (d) A combination of 2 semitrailers pulled by a truck                       

6   tractor, unless each semitrailer uses a fifth wheel connecting              

7   assembly which conforms to the requirements of the motor carrier            

8   safety act of 1963, 1963 PA 181, MCL 480.11 to 480.22.                      

9       (e) A vehicle or a combination of vehicles shall not carry a                

10  load extending more than 3 feet beyond the front of the lead                

11  vehicle.                                                                    

12      (f) A vehicle described in subsections (2)(e) and (3)(d)                    

13  employing triple saddle mounts unless all wheels that are in                

14  contact with the roadway have operating brakes.                             

15      (5) All combinations of vehicles under this section shall                   

16  employ connecting assemblies and lighting devices that are in               

17  compliance with the motor carrier safety act of 1963, 1963 PA               

18  181, MCL 480.11 to 480.22.                                                  

19      (6) The total gross weight of a truck tractor, semitrailer,                 

20  and trailer combination or a truck tractor and 2 semitrailers               

21  combination that exceeds 59 feet in length shall not exceed a               

22  ratio of 400 pounds per engine net horsepower delivered to clutch           

23  or its equivalent specified in the handbook published by the                

24  society of automotive engineers, inc. (SAE), 1977 edition.                  

25      (7) A person who violates this section is responsible for a                 

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

27  violation of this section.                                                  

House Bill No. 4358 (H-3) as amended September 29, 2004

1       (8) The provisions in subsections (2)(a) and (3)(b)                         

2   prescribing the length of a crib vehicle on which logs are loaded           

3   lengthwise does not apply unless section 127(d) of title 23 of              

4   the United States Code, 23  U.S.C. USC 127, is amended to allow            

5   crib vehicles carrying logs to be loaded as described in this               

6   section.                                                                    

7       (9) As used in this section:                                                

8       (a) "Designated highway" means a highway approved by the                    

9   state transportation department or a local authority with respect           

10  to a highway under its jurisdiction.                                        

11      (b) "Length" means the total length of a vehicle, or                        

12  combination of vehicles, including any load the vehicle is                  

13  carrying.  Length does not include [safety and energy conservation

14  devices including, but not limited to, impact absorbing bumpers,            

15  rear view mirrors, turn signal lamps, marker lamps, steps and               

16  hand holds for entry and egress, flexible fender extensions, mud            

17  flaps, or splash and spray suppressant devices; load induced tire           

18  bulge; refrigeration or heating units; or air compressors                   

19  attached to the vehicle. devices described in 26 CFR 658.16 and 23 CFR part 658, appendix d.  26 CFR 658.16 and 23 CFR part 658, appendix d, as on file with the secretary of state are adopted by reference.]  A safety or energy conservation device                                                                          

20  shall be excluded from a determination of length only if it is              

21  not designed or used for the carrying of cargo, freight, or                 

22  equipment.  Semitrailers and trailers shall be measured from the            

23  front vertical plane of the foremost transverse load supporting             

24  structure to the rearmost transverse load supporting structure.  [Vehicle components not excluded by law shall be included in the measurement of the length, height, and width of the vehicle.]

25      (c) "Stinger-steered combinations" means a truck tractor and                

26  semitrailer combination in which the fifth wheel is located on a            

27  drop frame located behind and below the rearmost axle of the                

1   power unit.                                                                 

2       Sec. 724.  (1) A police officer or a duly authorized agent                  

3   of the state transportation department or a county road                     

4   commission having reason to believe that the weight of a vehicle            

5   and load is unlawful may require the driver to stop and submit to           

6   a weighing of the vehicle by either portable or stationary scales           

7   approved and sealed by the department of agriculture as a legal             

8   weighing device, and may require that the vehicle be driven to              

9   the nearest weighing station of the state transportation                    

10  department for the purpose of allowing an officer or agent of the           

11  state transportation department or county road commission to                

12  determine whether the conveyance is loaded in conformity with               

13  this chapter.                                                               

14      (2) When the officer or agent, upon weighing a vehicle and                  

15  load, determines that the weight is unlawful, the officer or                

16  agent may require the driver to stop the vehicle in a suitable              

17  place and remain standing until that portion of the load is                 

18  shifted or removed as necessary to reduce the gross axle load               

19  weight of the vehicle to the limit permitted under this chapter.            

20  All material unloaded as provided under this subsection shall be            

21  cared for by the owner or operator of the vehicle at the risk of            

22  the owner or operator.  A judge or magistrate imposing a civil              

23  fine and costs under this section which are not paid in full                

24  immediately or for which a bond is not immediately posted in                

25  double the amount of the civil fine and costs shall order the               

26  driver or owner to move the vehicle at the driver's own risk to a           

27  place of safekeeping within the jurisdiction of the judge or                

1   magistrate, inform the judge or magistrate in writing of the                

2   place of safekeeping, and keep the vehicle until the fine and               

3   costs are paid or sufficient bond is furnished or until the judge           

4   or magistrate is satisfied that the fine and costs will be paid.            

5   The officer or agent who has determined, after weighing a vehicle           

6   and load, that the weight is unlawful, may require the driver to            

7   proceed to a judge or magistrate within the county.  If the judge           

8   or magistrate is satisfied that the probable civil fine and costs           

9   will be paid by the owner or lessee, the judge or magistrate may            

10  allow the driver to proceed, after the load is made legal.  If              

11  the judge or magistrate is not satisfied that the owner or                  

12  lessee, after a notice and a right to be heard on the merits is             

13  given, will pay the amount of the probable civil fine and costs,            

14  the judge or magistrate may order the vehicle to be impounded               

15  until trial on the merits is completed under conditions set forth           

16  in this section for the impounding of vehicles after the civil              

17  fine and costs have been imposed.  Removal of the vehicle, and              

18  forwarding, care, or preservation of the load shall be under the            

19  control of and at the risk of the owner or driver.  Vehicles                

20  impounded shall be subject to a lien, subject to a prior valid              

21  bona fide lien of prior record, in the amount of the civil fine             

22  and costs and if the civil fine and costs are not paid within 90            

23  days after the seizure, the judge or magistrate shall certify the           

24  unpaid judgment to the prosecuting attorney of the county in                

25  which the violation occurred, who shall proceed to enforce the              

26  lien by foreclosure sale in accordance with procedure authorized            

27  in the case of chattel mortgage foreclosures.  When the duly                

1   authorized agent of the state transportation department or county           

2   road commission is performing duties under this chapter, the                

3   agent shall have all the powers conferred upon peace officers by            

4   the general laws of this state.                                             

5       (3)  An Subject to subsection (4), an owner of a vehicle or                

6   a lessee of the vehicle of an owner-operator, or other person,              

7   who causes or allows a vehicle to be loaded and driven or moved             

8   on a highway, when the weight of that vehicle violates section              

9   722 is responsible for a civil infraction and shall pay a civil             

10  fine in an amount equal to 3 cents per pound for each pound of              

11  excess load over 1,000 pounds when the excess is 2,000 pounds or            

12  less; 6 cents per pound of excess load when the excess is over              

13  2,000 pounds but not over 3,000 pounds; 9 cents per pound for               

14  each pound of excess load when the excess is over 3,000 pounds              

15  but not over 4,000 pounds; 12 cents per pound for each pound of             

16  excess load when the excess is over 4,000 pounds but not over               

17  5,000 pounds; 15 cents per pound for each pound of excess load              

18  when the excess is over 5,000 pounds but not over 10,000 pounds;            

19  and 20 cents per pound for each pound of excess load when the               

20  excess is over 10,000 pounds.   However, the court shall have               

21  discretionary power as to the amount of the civil fine within the           

22  schedule provided by this subsection and may impose the civil               

23  fine provided in section 907(3) for a civil infraction where, at            

24  the time of the violation, either the motor vehicle, motor                  

25  vehicle and semitrailer, or trailer did not exceed the total                

26  weight which would be lawful for each unit by a proper                      

27  distribution of the load upon the various axles supporting each             

House Bill No. 4358 (H-3) as amended September 29, 2004

1   unit.

2   [(4) If the court determines that the motor vehicle or the

3   combination of vehicles was operated in violation of this section, the

4   court shall impose a fine as follows:                                       

    (a) If the court determines that the motor vehicle or the

5   combination of vehicles was operated in such a manner that the gross

6   weight of the vehicle or the combination of vehicles would not be lawful

7   by a proper distribution of the load upon all the axles of the vehicle or

8   the combination of vehicles, the court shall impose a fine for the

9   violation according to the schedule provided for in subsection (3).         

10      (b) If the court determines that the motor vehicle or the

11  combination of vehicles was operated in such a manner that the gross

12  weight of the vehicle or the combination of vehicles would be lawful by a

13  proper distribution of the load upon all the axles of the vehicle or the

14  combination of vehicles, the court shall impose a fine as provided for in

15  section 907(3).  In addition to the fine specified in section 907(3), if

16  any axle or axles of the vehicle exceed the maximum allowable axle weight

17  by more than 4,000 pounds, the fine for that axle or axles shall be

18  determined by the schedule provided for in subsection (3).  This

19  subdivision does not apply to a vehicle subject to the maximum loading

20  provisions of section 722(11) or to a vehicle found to be in violation of

21  a special permit issued under section 725.

22                                                                              

23                                                                              

24                                                                              

25                                                                              

26                                                                              

27 

House Bill No. 4358 (H-3) as amended September 29, 2004

1                                                                               

2                                                                               

3                                                                               

4                                                                               

5                                                                               

6                                                  ]                            

7   (5)  (4)  A driver or owner of a vehicle, truck or truck                    

8   tractor, truck or truck tractor with other vehicles in                      

9   combination, or special mobile equipment who knowingly fails to             

10  stop at or who knowingly bypasses any scales or weighing station            

11  is guilty of a misdemeanor.                                                 

12  (6)  (5)  An agent or authorized representative of the state                

13  transportation department or a county road commission shall not             

14  stop a truck or vehicle in movement upon a road or highway within           

15  the state for any purpose, unless the agent or authorized                   

16  representative is driving a duly marked vehicle, clearly showing            

17  and denoting the branch of government represented.                          

18  (7)  (6)  A driver or owner of a vehicle who knowingly fails                

19  to stop when requested or ordered to do so by a police officer,             

20  or a duly authorized agent of the state transportation                      

21  department, or a representative or agent of a county road                   

22  commission, authorized to require the driver to stop and submit             

23  to a weighing of the vehicle and load by means of a portable                

24  scale, is guilty of a misdemeanor.                                          

25  Sec. 724a.  [(1)] If a vehicle is to be weighed to determine                

26  whether the vehicle is being operated in violation of this act or           

27  a rule promulgated under this act or of a local ordinance                   

House Bill No. 4358 (H-3) as amended September 29, 2004

1   substantially corresponding to this act or a rule promulgated               

2   under this act and the vehicle is equipped with lift axles that             

3   have been temporarily raised to allow the vehicle to negotiate an           

4   intersection, driveway, or other turn, the vehicle shall be                 

5   weighed only after the lift axles have been fully lowered and are           

6   under operational pressure.

[(2) As used in this section, "lift axle" means an axle on a vehicle that can be raised or lowered by mechanical means.]

7       Enacting section 1.  This amendatory act takes effect                       

8   January 1, 2006.