SENATE BILL No. 843

 

 

February 27, 2018, Introduced by Senator BIEDA and referred to the Committee on Transportation.

 

 

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 719 and 722 (MCL 257.719 and 257.722), section

 

719 as amended by 2015 PA 208 and section 722 as amended by 2016 PA

 

72.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

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

 

 3  with a lawfully established bridge or viaduct is liable for all

 

 4  damage and injury resulting from a collision caused by the height

 

 5  of the vehicle, whether the clearance of the bridge or viaduct is

 

 6  posted or not.

 

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


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

 

 2  following vehicles and combinations of vehicles shall not be

 

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

 

 4        (a) Subject to subsection (9), any single vehicle: 40 feet; a

 

 5  crib vehicle on which logs are loaded lengthwise of the vehicle:

 

 6  42.5 feet; any single bus or motor home: 45 feet.

 

 7        (b) Articulated buses: 65 feet.

 

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

 

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

 

10  tractor, semitrailer, and trailer, or truck tractor and semitrailer

 

11  or trailer, designed and used exclusively to transport assembled

 

12  motor vehicles or bodies, recreational vehicles, or boats: 65 feet.

 

13  A combination of a truck and semitrailer or trailer, or a truck

 

14  tractor, semitrailer, and trailer, or a truck tractor and

 

15  semitrailer or trailer designed and used to transport boats from

 

16  the manufacturer, or a stinger-steered combination: 75 feet. The

 

17  load on the combinations of vehicles described in this subdivision

 

18  may extend an additional 3 feet beyond the front and 4 feet beyond

 

19  the rear of the combinations of vehicles. Retractable extensions

 

20  used to support and secure the load that do not extend beyond the

 

21  allowable overhang for the front and rear shall not be included in

 

22  determining length of a loaded vehicle or vehicle combination.

 

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

 

24  length, the semitrailer: 50 feet.

 

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

 

26        (f) Except as provided in subdivision (g), truck tractor,

 

27  semitrailer, and trailer, or truck tractor and 2 semitrailers: 59


 1  feet.

 

 2        (g) A truck tractor, semitrailer, and trailer, or a truck

 

 3  tractor and 2 semitrailers, in which no semitrailer or trailer is

 

 4  more than 28-1/2 feet long: 65 feet. This subdivision only applies

 

 5  while the vehicle is being used for a business purpose reasonably

 

 6  related to picking up or delivering a load and only if each

 

 7  semitrailer or trailer is equipped with a device or system capable

 

 8  of mechanically dumping construction materials or dumping

 

 9  construction materials by force of gravity.

 

10        (h) More than 1 motor vehicle, wholly or partially assembled,

 

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

 

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

 

13  vehicles in combination: 55 feet.

 

14        (i) A recreational vehicle that has its own motive power, in

 

15  combination with a trailer: 65 feet or, if the operator of the

 

16  recreational vehicle has a group commercial motor vehicle

 

17  designation on his or her operator's or chauffeur's license, 75

 

18  feet.

 

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

 

20  combinations of vehicles shall not be operated on a designated

 

21  highway of this state in excess of these lengths:

 

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

 

23  length limit, the semitrailer 53 feet. All semitrailers longer than

 

24  50 feet shall have a wheelbase of 37.5 to 40.5 feet plus or minus

 

25  0.5 feet, measured from the kingpin coupling to the center of the

 

26  rear axle or the center of the rear axle assembly. City, village,

 

27  or county authorities may prohibit stops of vehicles with a


 1  semitrailer longer than 50 feet within their jurisdiction unless

 

 2  the stop occurs along appropriately designated routes, or is

 

 3  necessary for emergency purposes or to reach shippers, receivers,

 

 4  warehouses, and terminals along designated routes.

 

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

 

 6  except that a person may operate a truck and semitrailer or trailer

 

 7  designed and used to transport saw logs, pulpwood, and tree length

 

 8  poles that does not exceed an overall length of 70 feet or a crib

 

 9  vehicle and semitrailer or trailer designed and used to transport

 

10  saw logs that does not exceed an overall length of 75 feet. A crib

 

11  vehicle and semitrailer or trailer designed to and used to

 

12  transport saw logs shall not exceed a gross vehicle weight of

 

13  164,000 80,000 pounds. A person may operate a truck tractor and

 

14  semitrailer designed and used to transport saw logs, pulpwood, and

 

15  tree length wooden poles with a load overhang to the rear of the

 

16  semitrailer which does not exceed 6 feet if the semitrailer does

 

17  not exceed 50 feet in length.

 

18        (c) Notwithstanding subsection (5)(d), a truck tractor with a

 

19  log slasher unit and a log saw unit: no overall limit if the length

 

20  of each unit does not exceed 28-1/2 feet, or the overall length of

 

21  the log slasher unit and the log saw unit, as measured from the

 

22  front of the first towed unit to the rear of the second towed unit

 

23  while the units are coupled together, does not exceed 58 feet. The

 

24  coupling devices of the truck tractor and units set forth in this

 

25  subdivision shall meet the requirements established under the motor

 

26  carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25.

 

27        (d) Truck tractor and 2 semitrailers, or truck tractor,


 1  semitrailer, and trailer combinations: no overall length limit, if

 

 2  the length of each semitrailer or trailer does not exceed 28-1/2

 

 3  feet each, or the overall length of the semitrailer and trailer, or

 

 4  2 semitrailers as measured from the front of the first towed unit

 

 5  to the rear of the second towed unit while the units are coupled

 

 6  together does not exceed 58 feet.

 

 7        (e) More than 1 motor vehicle, wholly or partially assembled,

 

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

 

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

 

10  vehicles in combination: 97 feet.

 

11        (f) Truck tractor and lowboy semitrailer combinations: no

 

12  maximum overall length, if the lowboy semitrailer does not exceed

 

13  59 feet, except as otherwise permitted under this subdivision. A

 

14  lowboy semitrailer wheelbase shall not exceed 55 feet as measured

 

15  from the kingpin coupling to the center of the rear axle. A lowboy

 

16  semitrailer more than 59 feet in length shall not operate with more

 

17  than any combination of 4 axles on the lowboy unless an oversized

 

18  load permit is issued by the state transportation department or a

 

19  local authority with respect to highways under its jurisdiction. As

 

20  used in this subdivision, "lowboy semitrailer" means a flatbed

 

21  semitrailer with a depressed section that has the specific purpose

 

22  of being lowered and raised for loading and unloading.

 

23        (4) Notwithstanding any other provision of this section, a

 

24  combination of a truck and semitrailer, or truck tractor and

 

25  semitrailer, used exclusively to transport assembled motor vehicles

 

26  or bodies that have a trailer length of 53 feet may have a load

 

27  that extends an additional 3 feet beyond the front of the trailer


 1  and 4 feet beyond the rear of the trailer. Retractable extensions

 

 2  used to support and secure the load that do not extend beyond the

 

 3  allowable overhang for the front and rear shall not be included in

 

 4  determining length of a loaded vehicle or vehicle combination. The

 

 5  total overall length loaded of the combination of vehicles

 

 6  described in this subsection shall not exceed 79 feet.

 

 7        (5) The following combinations and movements are prohibited:

 

 8        (a) A truck shall not haul more than 1 trailer or semitrailer,

 

 9  and a truck tractor shall not haul more than 2 semitrailers or 1

 

10  semitrailer and 1 trailer in combination at any 1 time, except that

 

11  a farm tractor may haul 2 wagons or trailers, or garbage and refuse

 

12  haulers may, during daylight hours, haul up to 4 trailers for

 

13  garbage and refuse collection purposes, not exceeding in any

 

14  combination a total length of 55 feet and at a speed limit not to

 

15  exceed 15 miles per hour.

 

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

 

17  than 11 axles, except when operating under a valid permit issued by

 

18  the state transportation department or a local authority with

 

19  respect to a highway under its jurisdiction.

 

20        (c) Any combination of vehicles not specifically authorized

 

21  under this section is prohibited.

 

22        (d) Except as provided in subsection (3)(c), a combination of

 

23  2 semitrailers pulled by a truck tractor, unless each semitrailer

 

24  uses a fifth wheel connecting assembly that conforms to the

 

25  requirements of the motor carrier safety act of 1963, 1963 PA 181,

 

26  MCL 480.11 to 480.25.

 

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


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

 

 2  vehicle.

 

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

 

 4  employing triple saddle mounts unless all wheels that are in

 

 5  contact with the roadway have operating brakes.

 

 6        (6) All combinations of vehicles under this section shall

 

 7  employ connecting assemblies and lighting devices that are in

 

 8  compliance with the motor carrier safety act of 1963, 1963 PA 181,

 

 9  MCL 480.11 to 480.25.

 

10        (7) The total gross weight of a truck tractor, semitrailer,

 

11  and trailer combination or a truck tractor and 2 semitrailers

 

12  combination that exceeds 59 feet in length shall not exceed a ratio

 

13  of 400 pounds per engine net horsepower delivered to clutch or its

 

14  equivalent specified in the handbook published by the Society of

 

15  Automotive Engineers, Inc. (SAE), 1977 edition.

 

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

 

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

 

18  violation of this section.

 

19        (9) The provisions in subsections (2)(a) and (3)(b)

 

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

 

21  lengthwise do not apply unless 23 USC 127(d) is amended to allow

 

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

 

23  section.

 

24        (10) As used in this section:

 

25        (a) "Designated highway" means a highway approved by the state

 

26  transportation department or a local authority with respect to a

 

27  highway under its jurisdiction.


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

 

 2  combination of vehicles, including any load the vehicle is

 

 3  carrying. Length does not include devices described in 23 CFR

 

 4  658.16 and 23 CFR part 658, appendix d, 23 CFR 658.16 and 23 CFR

 

 5  part 658, appendix d, as on file with the secretary of state are

 

 6  adopted by reference. A safety or energy conservation device shall

 

 7  be excluded from a determination of length only if it is not

 

 8  designed or used for the carrying of cargo, freight, or equipment.

 

 9  Semitrailers and trailers shall be measured from the front vertical

 

10  plane of the foremost transverse load supporting structure to the

 

11  rearmost transverse load supporting structure. Vehicle components

 

12  not excluded by law shall be included in the measurement of the

 

13  length, height, and width of the vehicle.

 

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

 

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

 

16  drop frame located behind and below the rearmost axle of the power

 

17  unit.

 

18        Sec. 722. (1) Except as otherwise provided in this section,

 

19  the maximum axle load shall not exceed the number of pounds

 

20  designated in the following provisions that prescribe the distance

 

21  between axles:

 

22        (a) If the axle spacing is 9 feet or more between axles, the

 

23  maximum axle load shall not exceed 18,000 pounds for vehicles

 

24  equipped with high pressure pneumatic or balloon tires.

 

25        (b) If the axle spacing is less than 9 feet between 2 axles

 

26  but more than 3-1/2 feet, the maximum axle load shall not exceed

 

27  13,000 pounds for high pressure pneumatic or balloon tires.


 1        (c) If the axles are spaced less than 3-1/2 feet apart, the

 

 2  maximum axle load shall not exceed 9,000 pounds per axle.

 

 3        (d) Subdivisions (a), (b), and (c) shall be known as the

 

 4  normal loading maximum.

 

 5        (2) When normal loading is in effect, the state transportation

 

 6  department, or a local authority with respect to highways under its

 

 7  jurisdiction, may designate certain highways, or sections of those

 

 8  highways, where bridges and road surfaces are adequate for heavier

 

 9  loading, and revise a designation as needed, on which the maximum

 

10  tandem axle assembly loading shall not exceed 16,000 pounds for any

 

11  axle of the assembly, if there is no other axle within 9 feet of

 

12  any axle of the assembly.

 

13        (3) On a legal combination of vehicles, only 1 tandem axle

 

14  assembly is permitted on the designated highways at the gross

 

15  permissible weight of 16,000 pounds per axle, if there is no other

 

16  axle within 9 feet of any axle of the assembly, and if no other

 

17  tandem axle assembly in the combination of vehicles exceeds a gross

 

18  weight of 13,000 pounds per axle. On a combination of truck tractor

 

19  and semitrailer having not more than 5 axles, 2 consecutive tandem

 

20  axle assemblies are permitted on the designated highways at a gross

 

21  permissible weight of 16,000 pounds per axle, if there is no other

 

22  axle within 9 feet of any axle of the assembly.

 

23        (4) Notwithstanding subsection (3), on a combination of truck

 

24  tractor and semitrailer having not more than 5 axles, 2 consecutive

 

25  sets of tandem axles may carry a gross permissible weight of not to

 

26  exceed 17,000 pounds on any axle of the tandem axles if there is no

 

27  other axle within 9 feet of any axle of the tandem axles and if the


 1  first and last axles of the consecutive sets of tandem axles are

 

 2  not less than 36 feet apart and the gross vehicle weight does not

 

 3  exceed 80,000 pounds to pick up and deliver agricultural

 

 4  commodities between the national truck network or special

 

 5  designated highways and any other highway. This subsection is not

 

 6  subject to the maximum axle loads of subsections (1), (2), and (3).

 

 7  For purposes of this subsection, a "tandem axle" means 2 axles

 

 8  spaced more than 40 inches but not more than 96 inches apart or 2

 

 9  axles spaced more than 3-1/2 feet but less than 9 feet apart. This

 

10  subsection does not apply during that period when reduced maximum

 

11  loads are in effect under subsection (8).

 

12        (5) The seasonal reductions described under subsection (8) to

 

13  the loading maximums and gross vehicle weight requirement of

 

14  subsection (12) do not apply to a person hauling agricultural

 

15  commodities if the person who picks up or delivers the agricultural

 

16  commodity either from a farm or to a farm notifies the county road

 

17  commission for roads under its authority not less than 48 hours

 

18  before the pickup or delivery of the time and location of the

 

19  pickup or delivery. The county road commission shall issue a permit

 

20  to the person and charge a fee that does not exceed the

 

21  administrative costs incurred. The permit shall contain all of the

 

22  following:

 

23        (a) The designated route or routes of travel for the load.

 

24        (b) The date and time period requested by the person who picks

 

25  up or delivers the agricultural commodities during which the load

 

26  may be delivered or picked up.

 

27        (c) A maximum speed limit of travel, if necessary.


 1        (d) Any other specific conditions agreed to between the

 

 2  parties.

 

 3        (6) The seasonal reductions described under subsection (8) to

 

 4  the loading maximums and gross vehicle weight requirements of

 

 5  subsection (12) do not apply to public utility vehicles under the

 

 6  following circumstances:

 

 7        (a) For emergency public utility work on restricted roads, as

 

 8  follows:

 

 9        (i) If required by the county road commission, the public

 

10  utility or its subcontractor shall notify the county road

 

11  commission, as soon as practical, of the location of the emergency

 

12  public utility work and provide a statement that the vehicles that

 

13  were used to perform the emergency utility work may have exceeded

 

14  the loading maximums and gross vehicle weight requirements of

 

15  subsection (12) as reduced under subsection (8). The notification

 

16  may be made via facsimile or electronically.

 

17        (ii) The public utility vehicle travels to and from the site

 

18  of the emergency public utility work while on a restricted road at

 

19  a speed not greater than 35 miles per hour.

 

20        (b) For nonemergency public utility work on restricted roads,

 

21  as follows:

 

22        (i) If the county road commission requires, the public utility

 

23  or its subcontractor shall apply to the county road commission

 

24  annually for a seasonal truck permit for roads under its authority

 

25  before seasonal weight restrictions are effective. The county road

 

26  commission shall issue a seasonal truck permit for each public

 

27  utility vehicle or vehicle configuration the public utility or


 1  subcontractor anticipates will be utilized for nonemergency public

 

 2  utility work. The county road commission may charge a fee for a

 

 3  seasonal truck permit that does not exceed the administrative costs

 

 4  incurred for the permit. The seasonal truck permit shall contain

 

 5  all of the following:

 

 6        (A) The seasonal period requested by the public utility or

 

 7  subcontractor during which the permit is valid.

 

 8        (B) A unique identification number for the vehicle and any

 

 9  vehicle configuration to be covered on the seasonal truck permit

 

10  requested by the public utility or subcontractor.

 

11        (C) A requirement that travel on restricted roads during

 

12  weight restrictions will be minimized and only utilized when

 

13  necessary to perform public utility work using the public utility

 

14  vehicle or vehicle configuration and that nonrestricted roads shall

 

15  be used for travel when available and for routine travel.

 

16        (D) A requirement that in the case of a subcontractor the

 

17  permit is only valid while the subcontractor vehicle is being

 

18  operated in the performance of public utility work.

 

19        (E) A requirement that a subcontractor vehicle or vehicle

 

20  configuration shall display signage on the outside of the vehicle

 

21  to identify the vehicle as operating on behalf of the public

 

22  utility.

 

23        (ii) If the county road commission requires notification, the

 

24  county road commission shall provide a notification application for

 

25  the public utility or its subcontractor to use when requesting

 

26  access to operate on restricted roads and the public utility or its

 

27  subcontractor shall provide notification to the county road


 1  commission, via facsimile or electronically, not later than 24

 

 2  hours before the time of the intended travel. A subcontractor using

 

 3  a vehicle on a restricted road shall have a copy of any

 

 4  notification provided to a county road commission in the

 

 5  subcontractor's possession while performing the relevant

 

 6  nonemergency work. Notwithstanding this subsection or an agreement

 

 7  under this subsection, if the county road commission determines

 

 8  that the condition of a particular road under its jurisdiction

 

 9  makes it unusable, the county road commission may deny access to

 

10  all or any part of that road. The denial shall be made and

 

11  communicated via facsimile or electronically to the public utility

 

12  or its subcontractor within 24 hours after receiving notification

 

13  that the public utility or subcontractors intends to perform

 

14  nonemergency work that requires use of that road. Any notification

 

15  that is not disapproved within 24 hours after the notice is

 

16  received by the county road commission is considered approved. The

 

17  notification application required under this subparagraph may

 

18  include all of the following information:

 

19        (A) The address or location of the nonemergency work.

 

20        (B) The date or dates of the nonemergency work.

 

21        (C) The route to be taken to the nonemergency work site.

 

22        (D) The restricted road or roads intended to be traveled upon

 

23  to the nonemergency work site or sites.

 

24        (E) In the case of a subcontractor, the utility on whose

 

25  behalf the subcontractor is performing services.

 

26        (7) The normal size of tires shall be the rated size as

 

27  published by the manufacturers, and the maximum wheel load


 1  permissible for any wheel shall not exceed 700 pounds per inch of

 

 2  width of tire.

 

 3        (8) Except as provided in this subsection and subsection (9),

 

 4  during the months of March, April, and May in each year, the

 

 5  maximum axle load allowable on concrete pavements or pavements with

 

 6  a concrete base is reduced by 25% from the maximum axle load as

 

 7  specified in this chapter, and the maximum axle loads allowable on

 

 8  all other types of roads during these months are reduced by 35%

 

 9  from the maximum axle loads as specified. The maximum wheel load

 

10  shall not exceed 525 pounds per inch of tire width on concrete and

 

11  concrete base or 450 pounds per inch of tire width on all other

 

12  roads during the period the seasonal road restrictions are in

 

13  effect. Subject to subsection (5), this subsection does not apply

 

14  to vehicles transporting agricultural commodities or, subject to

 

15  subsection (6), public utility vehicles on a highway, road, or

 

16  street under the jurisdiction of a local road agency. In addition,

 

17  this subsection does not apply to a vehicle delivering propane fuel

 

18  to a residence if the vehicle's propane tank is filled to not more

 

19  than 50% of its capacity and the vehicle is traveling at not more

 

20  than 35 miles per hour. The state transportation department and

 

21  each local authority with highways and streets under its

 

22  jurisdiction to which the seasonal restrictions prescribed under

 

23  this subsection apply shall post all of the following information

 

24  on the homepage of its website or, if a local authority does not

 

25  have a website, then on the website of a statewide road association

 

26  of which it is a member:

 

27        (a) The dates when the seasonal restrictions are in effect.


 1        (b) The names of the highways and streets and portions of

 

 2  highways and streets to which the seasonal restrictions apply.

 

 3        (9) The state transportation department for roads under its

 

 4  jurisdiction and a county road commission for roads under its

 

 5  jurisdiction may grant exemptions from seasonal weight restrictions

 

 6  for milk on specified routes when requested in writing. Approval or

 

 7  denial of a request for an exemption shall be given by written

 

 8  notice to the applicant within 30 days after the date of submission

 

 9  of the application. If a request is denied, the written notice

 

10  shall state the reason for denial and alternate routes for which

 

11  the permit may be issued. The applicant may appeal to the state

 

12  transportation commission or the county road commission. These

 

13  exemptions do not apply on county roads in counties that have

 

14  negotiated agreements with milk haulers or haulers of other

 

15  commodities during periods of seasonal load limits before April 14,

 

16  1993. This subsection does not limit the ability of these counties

 

17  to continue to negotiate such agreements.

 

18        (10) The state transportation department, or a local authority

 

19  with respect to highways under its jurisdiction, may suspend the

 

20  restrictions imposed by this section when and where conditions of

 

21  the highways or the public health, safety, and welfare warrant

 

22  suspension, and impose the restricted loading requirements of this

 

23  section on designated highways at any other time that the

 

24  conditions of the highway require.

 

25        (11) For the purpose of enforcing this act, the gross vehicle

 

26  weight of a single vehicle and load or a combination of vehicles

 

27  and loads shall be determined by weighing individual axles or


 1  groups of axles, and the total weight on all the axles shall be the

 

 2  gross vehicle weight. In addition, the gross axle weight shall be

 

 3  determined by weighing individual axles or by weighing a group of

 

 4  axles and dividing the gross weight of the group of axles by the

 

 5  number of axles in the group. For purposes of subsection (12), the

 

 6  overall gross weight on a group of 2 or more axles shall be

 

 7  determined by weighing individual axles or several axles, and the

 

 8  total weight of all the axles in the group shall be the overall

 

 9  gross weight of the group.

 

10        (12) The loading maximum in this subsection applies to

 

11  interstate highways, and the state transportation department, or a

 

12  local authority with respect to highways under its jurisdiction,

 

13  may designate a highway, or a section of a highway, for the

 

14  operation of vehicles having a gross vehicle weight of not more

 

15  than 80,000 pounds that are subject to the following load maximums:

 

16        (a) Twenty thousand pounds on any 1 axle, including all

 

17  enforcement tolerances.

 

18        (b) A tandem axle weight of 34,000 pounds, including all

 

19  enforcement tolerances.

 

20        (c) An overall gross weight on a group of 2 or more

 

21  consecutive axles equaling:

 

 

22

      W=500[(LN)/(N-1)+12N+36]

 

 

23        where W = overall gross weight on a group of 2 or more

 

24  consecutive axles to the nearest 500 pounds, L = distance in feet

 

25  between the extreme of a group of 2 or more consecutive axles, and

 

26  N = number of axles in the group under consideration; except that 2

 


 1  consecutive sets of tandem axles may carry a gross load of 34,000

 

 2  pounds each if the first and last axles of the consecutive sets of

 

 3  tandem axles are not less than 36 feet apart. The gross vehicle

 

 4  weight shall not exceed 80,000 pounds including all enforcement

 

 5  tolerances. Except for 5 axle truck tractor, semitrailer

 

 6  combinations having 2 consecutive sets of tandem axles, vehicles

 

 7  having a gross weight in excess of 80,000 pounds or in excess of

 

 8  the vehicle gross weight determined by application of the formula

 

 9  in this subsection are subject to the maximum axle loads of

 

10  subsections (1), (2), and (3). As used in this subsection, "tandem

 

11  axle weight" means the total weight transmitted to the road by 2 or

 

12  more consecutive axles, the centers of which may be included

 

13  between parallel transverse vertical planes spaced more than 40

 

14  inches but not more than 96 inches apart, extending across the full

 

15  width of the vehicle. Except as otherwise provided in this section,

 

16  vehicles transporting agricultural commodities shall have weight

 

17  load maximums as set forth in this subsection.

 

18        (13) The axle loading maximums under subsections (1), (2),

 

19  (3), and (4) are increased by 10% for vehicles transporting

 

20  agricultural commodities or raw timber, excluding farm equipment

 

21  and fuel, from the place of harvest or farm storage to the first

 

22  point of delivery on a road in this state. However, the axle

 

23  loading maximums as increased under this subsection do not alter

 

24  the gross vehicle weight restrictions set forth in this act. This

 

25  subsection does not apply to either of the following:

 

26        (a) A vehicle utilizing an interstate highway.

 

27        (b) A vehicle utilizing a road that is subject to seasonal


 1  weight restrictions under subsection (8) during the time that the

 

 2  seasonal weight restrictions are in effect.

 

 3        (14) Notwithstanding any other provision of this section, the

 

 4  total gross weight of a vehicle shall not exceed 80,000 pounds.

 

 5        (15) (14) As used in this section:

 

 6        (a) "Agricultural commodities" means those plants and animals

 

 7  useful to human beings produced by agriculture and includes, but is

 

 8  not limited to, forages and sod crops, grains and feed crops, field

 

 9  crops, dairy and dairy products, poultry and poultry products,

 

10  cervidae, livestock, including breeding and grazing, equine, fish,

 

11  and other aquacultural products, bees and bee products, berries,

 

12  herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock,

 

13  mushrooms, fertilizer, livestock bedding, farming equipment, fuel

 

14  for agricultural use, and maple sap. Agricultural commodities do

 

15  not include trees or lumber.

 

16        (b) "Emergency public utility work" means work performed to

 

17  restore public utility service or to eliminate a danger to the

 

18  public due to a natural disaster, an act of God, or an emergency

 

19  situation, whether or not a public official has declared an

 

20  emergency.

 

21        (c) "Farm storage" means any of the following:

 

22        (i) An edifice, silo, tank, bin, crib, interstice, or

 

23  protected enclosed structure, or more than 1 edifice, silo, tank,

 

24  bin, crib, interstice, or protected enclosed structure located

 

25  contiguous to each other.

 

26        (ii) An open environment used for the purpose of temporarily

 

27  storing a crop.


 1        (d) "Public utility" means a public utility under the

 

 2  jurisdiction of the public service commission or a transmission

 

 3  company.

 

 4        (e) "Public utility vehicle" means a vehicle owned or operated

 

 5  by a public utility or operated by a subcontractor on behalf of a

 

 6  public utility.

 

 7        (f) "Transmission company" means either an affiliated

 

 8  transmission company or an independent transmission company as

 

 9  those terms are defined in section 2 of the electric transmission

 

10  line certification act, 1995 PA 30, MCL 460.562.

 

11        Enacting section 1. This amendatory act takes effect 90 days

 

12  after the date it is enacted into law.