HB-4644, As Passed House, July 12, 2017

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4644

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 725 (MCL 257.725), as amended by 2016 PA 454.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 725. (1) Upon receipt of a written application and good

 

cause being shown, a jurisdictional authority may issue a written

 

special permit authorizing an applicant to operate upon or remove

 

from a highway maintained by that jurisdictional authority a

 

vehicle or combination of vehicles that are any of the following:

 

     (a) Of a size, weight, or load exceeding the maximum specified

 

in this chapter.

 

     (b) Otherwise not in conformity with this chapter.

 

     (2) The application for a special permit shall be on a form

 

prescribed by the jurisdictional authority and shall specifically

 


describe the vehicle or vehicles and load to be operated or moved

 

and the particular highways upon which the special permit to

 

operate is requested.

 

     (3) A jurisdictional authority may issue a special permit and

 

charge a fee that does not exceed the administrative costs incurred

 

authorizing the operation of the following upon a highway:

 

     (a) Traction engines or tractors having movable tracks with

 

transverse corrugations upon the periphery of those movable tracks

 

on farm tractors.

 

     (b) Other farm machinery otherwise prohibited under this

 

chapter.

 

     (c) A vehicle of a size or weight otherwise prohibited under

 

this chapter that is hauling farm machinery to or from a farm.

 

     (4) A special permit shall specify the trip or trips and date

 

or dates for which it is valid and the jurisdictional authority

 

granting the special permit may restrict or prescribe conditions of

 

operation of a vehicle or vehicles, if necessary, to protect the

 

safety of the public or to ensure against undue damage to the road

 

foundations, surfaces, structures, or installations, and may

 

require a reasonable inspection fee and other security as that

 

jurisdictional authority determines necessary to compensate for

 

damages caused by the movement. A special permit may be issued on

 

an annual basis. Except as otherwise provided in this section, the

 

fee charged by the state transportation department for an

 

intrastate or an out-of-state vehicle for a single trip shall be

 

$50.00 and for multiple trips or on an annual basis shall be

 

$100.00. Except as otherwise provided in this section, the fee


charged by a jurisdictional authority other than the state

 

transportation department for an intrastate or an out-of-state

 

vehicle for a single trip shall be not more than $50.00 and for

 

multiple trips or on an annual basis shall be not more than

 

$100.00. Effective October 1, 1998, the fee charged by a

 

jurisdictional authority other than the state transportation

 

department for a special permit under this subsection shall be the

 

fee charged on September 30, 1997. The fee charged by a

 

jurisdictional authority other than the state transportation

 

department for a special permit under this subsection may be

 

increased above the amount charged on September 30, 1997 subject to

 

the maximums allowed by this subsection subject to a prior public

 

hearing with reasonable notice. However, the fee charged by a

 

jurisdictional authority other than the state transportation

 

department for a special permit under this subsection that is more

 

than $50.00 for a single trip or that is more than $100.00 for

 

multiple trips or on an annual basis, or both, on September 30,

 

1997 shall not be increased.

 

     (5) The fee charged by the state transportation department for

 

an intrastate or an out-of-state vehicle or combination of vehicles

 

that exceed the maximum size specified in this chapter but do not

 

exceed the maximum weight or load specified in this chapter or are

 

otherwise not in conformity with this chapter shall be $15.00 for a

 

single trip and $30.00 $264.00 for multiple trips or on an annual

 

basis. The fees charged under this subsection may be increased not

 

more than once each year based on the percentage increase in the

 

United States consumer price index for all urban consumers for the


immediately preceding 12-month period rounded to the nearest whole

 

dollar. This subsection takes effect October 1, 1998.

 

     (6) The fee charged by a jurisdictional authority other than

 

the state transportation department for an intrastate or an out-of-

 

state vehicle or combination of vehicles of a size exceeding the

 

maximum specified in this chapter but not exceeding the maximum

 

weight or load specified in this chapter shall not exceed the

 

administrative costs incurred by that jurisdictional authority in

 

issuing the permit. This subsection takes effect October 1, 1998.

 

     (7) A special permit issued under this section shall be

 

carried in the vehicle or combination of vehicles to which it

 

refers and shall be open to inspection by a police officer or

 

authorized agent of a jurisdictional authority granting the special

 

permit. A person shall not violate any of the terms or conditions

 

of the special permit.

 

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

 

civil infraction.

 

     (9) A jurisdictional authority issuing a special permit to

 

move a mobile home under this section and a person who is issued a

 

special permit to move a mobile home under this section are subject

 

to section 719a.

 

     (10) Nothing in this section shall be construed to allow a

 

jurisdictional authority to impose fees upon or enact regulations

 

regarding a vehicle or combination of vehicles engaged in

 

silvicultural operations if the vehicle or combination of vehicles

 

is not in excess of the size, weight, or load maximums specified in

 

this chapter and is otherwise in conformity with this chapter. This


subsection does not excuse a vehicle or combination of vehicles

 

engaged in silvicultural operations from the seasonal weight

 

reductions described in section 722.

 

     (11) The state transportation department shall allow an

 

applicant to obtain an annual permit under this section to exceed

 

the size or load maximums specified in this chapter for a power

 

unit without requiring a separate permit for each individual piece

 

of equipment carried by that power unit.

 

     (12) All of the following apply to an annual permit issued by

 

the state transportation department under subsection (11):

 

     (a) The permit may be stored and presented by the holder of

 

the permit using a mobile device.

 

     (b) The permit shall not contain any restrictions on daily

 

operating hours and shall only include Memorial Day weekend, the

 

Fourth of July holiday, and Labor Day weekend as restricted

 

holidays. Except as otherwise provided in this subdivision, the

 

permit shall not restrict travel on weekends. The permit may

 

contain restrictions on travel when the permit holder is traveling

 

within a county that has a population greater than 150,000. The

 

restricted holidays described in this subdivision do not apply to a

 

permit issued for a vehicle used to transport an implement of

 

husbandry.

 

     (c) The permit shall not require travel of more than 10 miles

 

per hour below the posted speed limit.

 

     (13) (11) As used in this section, "jurisdictional authority"

 

means the state transportation department, a county road

 

commission, or a local authority having jurisdiction over a highway


upon which a vehicle is proposed to be moved pursuant to a permit

 

required under this section.

 

     Enacting section 1. This amendatory act takes effect 1 year

 

after the date it is enacted into law.