HOUSE BILL No. 6281


     November 5, 1998, Introduced by Rep. Profit and referred to the Committee on Transportation.


        A bill to amend 1949 PA 300, entitled

   "Michigan vehicle code,"

   by amending sections 605 and 716 (MCL 257.605 and 257.716), sec-

   tion 716 as amended by 1980 PA 311.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 605.  (1) This chapter shall be applicable and uniform

 2    throughout this state and in all political subdivisions and

 3    municipalities in the state.  A local authority shall not adopt,

 4    enact, or enforce a local law  , charter provision, ordinance,

 5     rule, or regulation  THAT IS in conflict with this chapter.

 6         (2) A local law  , charter provision, ordinance, rule, or

 7     regulation  or portion thereof  which  THAT imposes a criminal

 8    penalty for an act or omission  which  THAT is a civil infraction

 9    under this act, or  which  THAT imposes a criminal penalty or



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 1    civil sanction in excess of that prescribed in this act, is in

 2    conflict with this act and is void to the extent of the

 3    conflict.

 4         (3) PROCEEDS OF A CIVIL FINE IMPOSED BY A LOCAL AUTHORITY

 5    FOR VIOLATION OF A LOCAL LAW REGULATING COMMERCIAL MOTOR VEHICLE

 6    EQUIPMENT AND SUBSTANTIALLY CORRESPONDING TO SECTIONS 683 TO 725A

 7    SHALL BE PAID TO THE COUNTY TREASURER AND APPLIED EXCLUSIVELY FOR

 8    PUBLIC LIBRARIES AND COUNTY LAW LIBRARIES IN THE SAME MANNER AS

 9    IS PROVIDED BY LAW FOR PENAL FINES ASSESSED AND COLLECTED FOR

10    VIOLATION OF A PENAL LAW OF THIS STATE.

11         (4) AS USED IN THIS SECTION, "LOCAL LAW" INCLUDES A LOCAL

12    CHARTER PROVISION, ORDINANCE, RULE, OR REGULATION.

13         Sec. 716.  (1) Unless specifically declared to be a civil

14    infraction, it is a misdemeanor for a person to drive or move or

15    for the owner to cause or permit to be driven or moved on a high-

16    way a vehicle or vehicles of a size or weight exceeding the limi-

17    tations stated in this chapter or otherwise in violation of this

18    chapter.  , and the  THE maximum size and weight specified in

19    this chapter shall be lawful throughout this state.  , and local

20     authorities  A LOCAL AUTHORITY shall not alter those size and

21    weight limitations except as express authority is granted in this

22    chapter.

23         (2) The provisions of this chapter governing size, weight,

24    and load shall not apply to a fire apparatus,  or  to an imple-

25    ment of husbandry incidentally moved upon a highway, or to a

26    vehicle operated under the terms of a special permit issued as

27    provided in this chapter.



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 1         (3) The state transportation department  , pursuant to Act

 2     No. 306 of the Public Acts of 1969, as amended,  may promulgate

 3    rules PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969

 4    PA 306, MCL 24.201 TO 24.328, permitting and regulating the oper-

 5    ation of a vehicle or vehicles of a size or weight  which

 6     exceeds  THAT EXCEED the size or weight limitations in this

 7    chapter.  The rules may restrict or proscribe the conditions of

 8    operation of a vehicle or vehicles of a size or weight  which

 9     exceeds  THAT EXCEED the size or weight limitations in this chap-

10    ter, if the restriction or proscription is necessary to protect

11    the public safety or to prevent undue damage to a road foundation

12    or surface, a structure, or an installation.  The rules may pro-

13    vide for a reasonable inspection fee for an inspection of a vehi-

14    cle or vehicles to determine whether their sizes and weights are

15    in conformance with this act, and may require other security nec-

16    essary to compensate for damage caused by the vehicle or vehicles

17    described in this subsection.

18         (4) A GARBAGE OR REFUSE HAULER THAT EXCEEDS THE WEIGHT LIMI-

19    TATIONS IN THIS CHAPTER MAY BE OPERATED UPON A HIGHWAY OVER WHICH

20    A LOCAL AUTHORITY HAS JURISDICTION IF THE LOCAL AUTHORITY ADOPTS

21    AN ORDINANCE OR RESOLUTION ALLOWING SUCH MOVEMENT AND ISSUES A

22    PERMIT ALLOWING SUCH MOVEMENT AS PROVIDED BY SECTION 725.













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