HOUSE BILL No. 5901 June 2, 1998, Introduced by Rep. Whyman and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 722 and 724 (MCL 257.722 and 257.724), section 722 as amended by 1993 PA 22 and section 724 as amended by 1988 PA 346. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 722. (1) The maximum axle load shall not exceed the 2 number of pounds designated in the following provisions which 3 prescribe the distance between axles: 4 (a) When the axle spacing is 9 feet or more between axles, 5 the maximum axle load shall not exceed 18,000 pounds for vehicles 6 equipped with high pressure pneumatic or balloon tires. 7 (b) When the axle spacing is less than 9 feet between 2 8 axles but more than 3-1/2 feet, the maximum axle load shall not 06317'98 * TJS 2 1 exceed 13,000 pounds for high pressure pneumatic or balloon 2 tires. 3 (c) When axles are spaced less than 3-1/2 feet apart, the 4 maximum axle load shall not exceed 9,000 pounds per axle. 5 (d) Subdivisions (a), (b), and (c) shall be known as the 6 normal loading maximum. 7 (2) When normal loading is in effect, the state transporta- 8 tion department and local authorities with respect to highways 9 under their jurisdiction may designate certain highways, or sec- 10 tions of those highways, where bridges and road surfaces are ade- 11 quate for heavier loading, which designation may be revised as 12 needed, on which the maximum tandem axle assembly loading shall 13 not exceed 16,000 pounds for any axle of the assembly, if there 14 is no other axle within 9 feet of any axle of the assembly. 15 (3) Except as provided in subsection (8), on a legal combi- 16 nation of vehicles, only 1 tandem axle assembly shall be permit- 17 ted on the designated highways at the gross permissible weight of 18 16,000 pounds per axle, if there is no other axle within 9 feet 19 of any axle of the assembly, and if no other tandem axle assembly 20 in the combination of vehicles exceeds a gross weight of 13,000 21 pounds per axle. When the maximum gross weight of a combination 22 of vehicles with load does not exceed 73,280 pounds, 2 tandem 23 axle assemblies shall be permitted on the designated highways at 24 a gross permissible weight of 16,000 pounds per axle, if there is 25 no other axle within 9 feet of any axle of the assembly. 26 (4) The normal size of tires shall be the rated size as 27 published by the manufacturers, and the maximum wheel load 06317'98 * 3 1 permissible for any wheel shall not exceed 700 pounds per inch of 2 width of tire. 3 (5) During the months of March, April, and May in each year, 4 the maximum axle load allowable on concrete pavements, or pave- 5 ments with a concrete base, shall be reduced by 25% from the max- 6 imum axle load as specified in this chapter, and the maximum axle 7 loads allowable on all other types of roads during these months 8 shall be reduced by 35% from the maximum axle loads as 9 specified. The maximum wheel load shall not exceed 525 pounds 10 per inch of tire width on concrete and concrete base or 450 11 pounds per inch of tire width on all other roads during the 12 period the seasonal road restrictions are in effect. Upon 13 receipt of a written application and good cause being shown, the 14 state transportation department, for roads under their jurisdic- 15 tion, and county road commissions, for roads under their juris- 16 diction, may permit exemptions from seasonal weight restrictions 17 for milk on specified routes when requested. Approval or denial 18 of a request for an exemption shall be given by written notice to 19 the applicant within 30 days after the date of submission of the 20 application. If a request is denied, the written notice shall 21 state the reason for denial and alternate routes for which the 22 permit may be issued. The applicant shall have the right to 23 appeal to the state transportation commission or the county road 24 commission. These exemptions shall not apply on county roads in 25 counties which have negotiated agreements with milk haulers, or 26 haulers of other commodities, during periods of seasonal load 27 limits in years prior tothe effective date of this 199306317'98 * 4 1amendatory actAPRIL 14, 1993.This 1993 amendatory act shall2 THE 1993 PA 22 AMENDMENTS TO THIS ACT DO not limit the ability of 3 these counties to continue to negotiate such agreements. 4 (6) The state transportation department, or a local author- 5 ity with respect to highways under its jurisdiction, may suspend 6 the restrictions imposed by this section when and where, in its 7 discretion, conditions of the highways or the public health, 8 safety, and welfare so warrant, and may impose the restricted 9 loading requirements of this section on designated highways at 10 any other time that the conditions of the highway may require. 11 (7) For the purpose of enforcement of this act, the gross 12 vehicle weight of a single vehicle and load or a combination of 13 vehicles and loads, shall be determined, EXCEPT AS OTHERWISE PRO- 14 VIDED IN THIS SUBSECTION, by weighing individual axles or groups 15 of axles, and the total weight on all the axles shall be the 16 gross vehicle weight. In addition, the gross axle weight shall 17 be determined by weighing individual axles or by weighing a group 18 of axles and dividing the gross weight of the group of axles by 19 the number of axles in the group. Pursuant to subsection (8), 20 the overall gross weight on a group of 2 or more axles shall be 21 determined by weighing individual axles or several axles, and the 22 total weight of all the axles in the group shall be the overall 23 gross weight of the group. THE GROSS VEHICLE WEIGHT OF A VEHICLE 24 USED TO HAUL RUBBISH FOR WHICH A PERMIT WAS ISSUED BY THE STATE 25 TRANSPORTATION DEPARTMENT UNDER SECTION 725 SHALL BE DETERMINED 26 BY WEIGHING THE COMBINATION OF AXLES ALLOWED BY THE PERMIT ISSUED 27 BY THE STATE TRANSPORTATION DEPARTMENT UNDER SECTION 725. 06317'98 * 5 1 (8) The loading maximum in this subsection shall apply to 2 interstate highways, and the state transportation department, or 3 a local authority with respect to highways under its jurisdic- 4 tion, may designate a highway, or a section of a highway, for the 5 operation of vehicles having a gross vehicle weight of not more 6 than 80,000 pounds which are subject to the following load 7 maximums: 8 (a) Twenty thousand pounds on any 1 axle, including all 9 enforcement tolerances. 10 (b) A tandem axle weight of 34,000 pounds including all 11 enforcement tolerances. 12 (c) An overall gross weight on a group of 2 or more consecu- 13 tive axles equaling: 14 15 W = 500 /LN + 12N + 36\ 16 \N-1 / 17 where W = overall gross weight on a group of 2 or more consecu- 18 tive axles to the nearest 500 pounds, L = distance in feet 19 between the extreme of a group of 2 or more consecutive axles, 20 and N = number of axles in the group under consideration; except 21 that 2 consecutive sets of tandem axles may carry a gross load of 22 34,000 pounds each if the first and last axles of the consecutive 23 sets of tandem axles are not less than 36 feet apart. The gross 24 vehicle weight shall not exceed 80,000 pounds including all 25 enforcement tolerances. Except for 5 axle truck tractor, semi- 26 trailer combinations having 2 consecutive sets of tandem axles, 27 vehicles having a gross weight in excess of 80,000 pounds or in 28 excess of the vehicle gross weight determined by application of 06317'98 * 6 1 the formula in this subsection shall be subject to the maximum 2 axle loads of subsections (1), (2), and (3). As used in this 3 subsection, "tandem axle weight" means the total weight transmit- 4 ted to the road by 2 or more consecutive axles, the centers of 5 which may be included between parallel transverse vertical planes 6 spaced more than 40 inches, but not more than 96 inches, apart, 7 extending across the full width of the vehicle. 8 Sec. 724. (1) A police officer or a duly authorized agent 9 of the state transportation department or a county road commis- 10 sion having reason to believe that the weight of a vehicle and 11 load is unlawful may require the driver to stop and submit to a 12 weighing of the vehicle by either portable or stationary scales 13 approved and sealed by the department of agriculture as a legal 14 weighing device, and may require that the vehicle be driven to 15 the nearest weighing station of the state transportation depart- 16 ment for the purpose of allowing an officer or agent of the state 17 transportation department or county road commission to determine 18 whether the conveyance is loaded in conformity with this 19 chapter. 20 (2) When the officer or agent, upon weighing a vehicle and 21 load, determines that the weight is unlawful, the officer or 22 agent may require the driver to stop the vehicle in a suitable 23 place and remain standing until that portion of the load is 24 shifted or removed as necessary to reduce the gross axle load 25 weight OR PERMITTED COMBINATION AXLE WEIGHT of the vehicle, AS 26 APPLICABLE, to the limit permitted under this chapter. All 27 material unloaded as provided under this subsection shall be 06317'98 * 7 1 cared for by the owner or operator of the vehicle at the risk of 2 the owner or operator. A judge or magistrate imposing a civil 3 fine and costs under this sectionwhichTHAT are not paid in 4 full immediately or for which a bond is not immediately posted in 5 double the amount of the civil fine and costs shall order the 6 driver or owner to move the vehicle at the driver's own risk to a 7 place of safekeeping within the jurisdiction of the judge or mag- 8 istrate, inform the judge or magistrate in writing of the place 9 of safekeeping, and keep the vehicle until the fine and costs are 10 paid or sufficient bond is furnished or until the judge or magis- 11 trate is satisfied that the fine and costs will be paid. The 12 officer or agent who has determined, after weighing a vehicle and 13 load, that the weight is unlawful, may require the driver to pro- 14 ceed to a judge or magistrate within the county. If the judge or 15 magistrate is satisfied that the probable civil fine and costs 16 will be paid by the owner or lessee, the judge or magistrate may 17 allow the driver to proceed, after the load is made legal. If 18 the judge or magistrate is not satisfied that the owner or 19 lessee, after a notice and a right to be heard on the merits is 20 given, will pay the amount of the probable civil fine and costs, 21 the judge or magistrate may order the vehicle to be impounded 22 until trial on the merits is completed under conditions set forth 23 in this section for the impounding of vehicles after the civil 24 fine and costs have been imposed. Removal of the vehicle, and 25 forwarding, care, or preservation of the load shall be under the 26 control of and at the risk of the owner or driver. Vehicles 27 impounded shall be subject to a lien, subject to a prior valid 06317'98 * 8 1 bona fide lien of prior record, in the amount of the civil fine 2 and costs and if the civil fine and costs are not paid within 90 3 days after the seizure, the judge or magistrate shall certify the 4 unpaid judgment to the prosecuting attorney of the county in 5 which the violation occurred, who shall proceed to enforce the 6 lien by foreclosure sale in accordance with procedure authorized 7 in the case of chattel mortgage foreclosures. When the duly 8 authorized agent of the state transportation department or county 9 road commission is performing duties under this chapter, the 10 agentshall haveHAS all the powers conferred upon peace offi- 11 cers by the general laws of this state. 12 (3) An owner of a vehicle or a lessee of the vehicle of an 13 owner-operator, or other person, who causes or allows a vehicle 14 to be loaded and driven or moved on a highway, when the weight of 15 that vehicle violates section 722 is responsible for a civil 16 infraction and shall pay a civil fine in an amount equal to 3 17 cents per pound for each pound of excess load over 1,000 pounds 18 when the excess is 2,000 pounds or less; 6 cents per pound of 19 excess load when the excess is over 2,000 pounds but not over 20 3,000 pounds; 9 cents per pound for each pound of excess load 21 when the excess is over 3,000 pounds but not over 4,000 pounds; 22 12 cents per pound for each pound of excess load when the excess 23 is over 4,000 pounds but not over 5,000 pounds; 15 cents per 24 pound for each pound of excess load when the excess is over 5,000 25 pounds but not over 10,000 pounds; and 20 cents per pound for 26 each pound of excess load when the excess is over 10,000 pounds. 27 A CIVIL FINE IMPOSED UNDER THIS SUBSECTION ON A VEHICLE USED TO 06317'98 * 9 1 HAUL RUBBISH FOR WHICH A PERMIT WAS ISSUED BY THE STATE 2 TRANSPORTATION DEPARTMENT UNDER SECTION 725 SHALL BE BASED UPON 3 THE EXCESS LOAD OVER THE PERMITTED COMBINATION OF AXLES WEIGHT. 4 However, the court shall have discretionary power as to the 5 amount of the civil fine within the schedule provided by this 6 subsection and may impose the civil fine provided in section 7 907(3) for a civil infraction where, at the time of the viola- 8 tion, either the motor vehicle, motor vehicle and semitrailer, or 9 trailer did not exceed the total weight which would be lawful for 10 each unit by a proper distribution of the load upon the various 11 axles supporting each unit. 12 (4) A driver or owner of a vehicle, truck or truck tractor, 13 truck or truck tractor with other vehicles in combination, or 14 special mobile equipment who knowingly fails to stop at or who 15 knowingly bypasses any scales or weighing station is guilty of a 16 misdemeanor. 17 (5) An agent or authorized representative of the state 18 transportation department or a county road commission shall not 19 stop a truck or vehicle in movement upon a road or highway within 20 the state for any purpose, unless the agent or authorized repre- 21 sentative is driving a duly marked vehicle, clearly showing and 22 denoting the branch of government represented. 23 (6) A driver or owner of a vehicle who knowingly fails to 24 stop when requested or ordered to do so by a police officer, or a 25 duly authorized agent of the state transportation department, or 26 a representative or agent of a county road commission, authorized 27 to require the driver to stop and submit to a weighing of the 06317'98 * 10 1 vehicle and load by means of a portable scale, is guilty of a 2 misdemeanor. 06317'98 * Final page. 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