HOUSE BILL NO. 5251

November 13, 2019, Introduced by Reps. Maddock, Eisen, Berman, Markkanen, Meerman, Bellino and O'Malley and referred to the Committee on Transportation.

"Michigan vehicle code,"

by amending sections 717, 719a, and 725 (MCL 257.717, 257.719a, and 257.725), section 717 as amended by 2018 PA 342, section 719a as amended by 2009 PA 32, and section 725 as amended by 2018 PA 17.

the people of the state of michigan enact:

Sec. 717. (1) The total outside width of a vehicle or the load on a vehicle shall must not exceed 96 inches, except as otherwise provided in this section.

(2) A person may operate or move an implement of husbandry of any width on a highway as required, designed, and intended for farming operations, including the movement of implements of husbandry being driven or towed and not hauled on a trailer, without obtaining a special permit for an excessively wide vehicle or load under section 725. The operation or movement of the implement of husbandry shall must be in a manner so as to minimize the interruption of traffic flow. A person shall not operate or move an implement of husbandry to the left of the center of the roadway from a half hour after sunset to a half hour before sunrise, under the conditions specified in section 639, or at any time visibility is substantially diminished due to weather conditions. A person operating or moving an implement of husbandry shall follow all traffic regulations.

(3) The total outside width of the load of a vehicle hauling concrete pipe, ferrous pipe, agricultural products, or unprocessed logs, pulpwood, or wood bolts shall must not exceed 108 inches.

(4) Except as provided in subsections (2) and (5) and this subsection, if a vehicle that is equipped with pneumatic tires is operated on a highway, the maximum width from the outside of 1 wheel and tire to the outside of the opposite wheel and tire shall must not exceed 102 inches, and the outside width of the body of the vehicle or the load on the vehicle shall must not exceed 96 inches. However, a truck and trailer or a tractor and semitrailer combination hauling pulpwood or unprocessed logs may be operated with a maximum width of not to exceed 108 inches in accordance with a special permit issued under section 725.

(5) The total outside body width of a school bus, a bus, a trailer coach, a trailer, a semitrailer, a truck camper, or a motor home shall must not exceed 102 inches. However, an appurtenance of a school bus, a trailer coach, a truck camper, or a motor home that extends not more than 6 inches beyond the total outside body width does not violate this section.

(6) A vehicle shall must not extend beyond the center line of a state trunk line highway except when authorized by law. Except as provided in subsection (2), if the width of the vehicle makes it impossible to stay away from the center line, a permit shall must be obtained under section 725.

(7) The director of the state transportation department, a county road commission, or a local authority may designate a highway under the agency's jurisdiction as a highway on which a person may operate a vehicle or vehicle combination that is not more than 102 inches in width, including load, the operation of which would otherwise be prohibited by this section. The Subject to section 725(13), the agency making the designation may require that the owner or lessee of the vehicle or of each vehicle in the vehicle combination secure a permit before operating the vehicle or vehicle combination. This subsection does not restrict the issuance of a special permit under section 725 for the operation of a vehicle or vehicle combination. This subsection does not permit the operation of a vehicle or vehicle combination described in section 722a carrying a load described in that section if the operation would otherwise result in a violation of that section.

(8) The Subject to section 725(13), the director of the state transportation department, a county road commission, or a local authority may issue a special permit under section 725 to a person operating a vehicle or vehicle combination if all of the following are met:

(a) The vehicle or vehicle combination, including load, is not more than 106 inches in width.

(b) The vehicle or vehicle combination is used solely to move new motor vehicles or parts or components of new motor vehicles between facilities that meet all of the following:

(i) New motor vehicles or parts or components of new motor vehicles are manufactured or assembled in the facilities.

(ii) The facilities are located within 10 miles of each other.

(iii) The facilities are located within the city limits of the same city and the city is located in a county that has a population of more than 400,000 and less than 500,000 according to the most recent federal decennial census.

(9) A person may move or operate a boat lift of any width or an oversized hydraulic boat trailer owned and operated by a marina or watercraft dealer in a commercial boat storage operation on a highway under a multiple trip permit issued on an annual basis as specified under section 725. The operation or movement of the boat lift or trailer shall must minimize the interruption of traffic flow. It shall must be used exclusively to transport a boat between a place of storage and a marina or in and around a marina. A boat lift or oversized hydraulic boat trailer may be operated, drawn, or towed on a street or highway only when transporting a vessel between a body of water and a place of storage or when traveling empty to or from transporting a vessel. A boat lift shall must not be operated on limited access highways. A person moving or operating a boat lift or oversized hydraulic boat trailer shall follow all traffic regulations and shall ensure the route selected has adequate power and utility wire height clearance.

(10) A person may operate or move a truck to which a snowplow blade that is wider than 96 inches but no more than 132 inches wide is mounted without obtaining a special permit for an excessively wide vehicle or load under section 725. This subsection only applies between October 1 and May 1 of each year. A person operating a truck described in this subsection shall minimize the overwidth condition of the snowplow blade when not engaged in snow removal by angling the plow blade or any other method. This subsection does not apply to a person operating construction equipment for snow removal.

(11) A person who violates this section is responsible for a civil infraction. The owner of the vehicle may be charged with a violation of this section.

Sec. 719a. (1) Notwithstanding any other provisions of this act, a person shall not operate a towing vehicle to which a mobile home or park model trailer is attached on a street or highway if that mobile home or park model trailer is more than 45 feet in length or more than 60 feet in length when combined with the towing vehicle, is more than 12-1/2 feet in height, and has an actual body width of more than 102 inches at base rail, unless that person possesses either of the following:

(a) A permit issued by the a jurisdictional authority under this section.

(b) A special permit issued by the a jurisdictional authority under section 725.

(2) A Subject to subsection (12), a jurisdictional authority may issue to a mobile home or park model trailer transport company, a mobile home or park model trailer manufacturer, or a mobile home or park model trailer dealer an annual permit to move on a street or highway, in the ordinary course of that company's, manufacturer's, or dealer's business, a mobile home or park model trailer that conforms to each of the following:

(a) The mobile home or park model trailer is not more than 12 feet wide.

(b) The actual body length of the mobile home or park model trailer is not more than 80 feet and the combined length of the mobile home or park model trailer and towing vehicle is not more than 105 feet or the total length of a combination of mobile homes or park model trailers is not more than 80 feet and the total length of a combination of mobile homes or park model trailers and towing vehicle is not more than 105 feet.

(3) A Subject to section 725(13), a jurisdictional authority under section 725 may issue a special permit for the movement of a mobile home or park model trailer on a street or highway within its jurisdiction if the width of that mobile home or park model trailer conforms to both of the following:

(a) The mobile home or park model trailer is not more than 16 feet wide plus normal appurtenances or eaves that extend not more than 6 inches from any side of the mobile home or park model trailer.

(b) The length of the mobile home or park model trailer complies with subsection (2)(b).

(4) A person operating a towing vehicle under subsection (3) shall transport a mobile home or park model trailer only on the lane farthest to the right of that person. A person shall not move a mobile home or park model trailer that is 14 or more feet in width including an eave of 2 feet when the wind velocity exceeds 25 miles per hour.

(5) A jurisdictional authority shall not issue a permit described in subsection (2) or (3) for the transport of a mobile home or park model trailer on a Saturday, Sunday, legal holiday, from the noon before until the noon after a holiday, or during the hours between sunset and sunrise.

(6) A jurisdictional authority shall provide and a person operating a towing vehicle shall comply with all of the following in a permit issued under this section:

(a) The date, day, and time period during which a mobile home or park model trailer subject to the permit may be moved on a highway.

(b) Notice that the permit is conditioned upon its holder's compliance with the permit's terms and with the law.

(c) Notice that the operator of a towing vehicle transporting the mobile home or park model trailer shall operate the towing vehicle on a highway as follows:

(i) At a safe speed and in a safe manner that will not impede motor traffic.

(ii) Only when the surface condition of the highway is not slippery.

(iii) In compliance with seasonal load restrictions.

(d) For a mobile home or park model trailer and towing vehicle that, when combined, are more than 80 feet in length or more than 12 feet wide, all of the following:

(i) Notice that the mobile home or park model trailer shall must be equipped with 2 flashing amber lights on the rear of the mobile home or park model trailer and 1 flashing amber light on the top of the towing vehicle.

(ii) Notice that the mobile home or park model trailer shall must be equipped with stop lights and directional lights on the rear of the mobile home or park model trailer.

(iii) Notice that signs with the words "oversize load" shall must be displayed on the front bumper of the towing vehicle and the back of the mobile home or park model trailer or, in the case of mobile homes or park model trailers that are 16 feet wide, notice that signs with the words "16-ft wide load" shall must be displayed on the front bumper of the towing vehicle and the back of the mobile home or park model trailer.

(iv) Notice that the signs identified in subparagraph (iii) shall must be of durable material, in good condition, with black lettering on interstate yellow background, and that each letter shall must be of block lettering not less than 12 inches high at the front and not less than 16 inches high at the rear of the unit.

(v) Notice that a vehicle escort is required on those roads where the state police consider escort vehicles necessary for highway safety.

(7) Signs and other special identification for escort vehicles shall must conform to state transportation department requirements for all escort vehicles for oversized loads.

(8) For a mobile home or park model trailer being moved pursuant to this section or section 725, the distance between mobile home or park model trailer axle centers shall must not be less than 34 inches. The axles and tires shall must meet standards established by the state transportation department.

(9) This section does not grant or give authority to the state transportation department that did not exist on May 1, 1982, in accordance with 23 USC 127.

(10) A person that violates this section is responsible for a civil infraction and may be assessed a civil fine of not more than $500.00. The owner of the towing vehicle may be charged with a violation of this section.

(11) The state transportation commission may order the state transportation department to immediately cease issuing all special permits to move on the highways of the lower peninsula of this state a mobile home or park model trailer that is more than 14-1/3 feet wide plus normal appurtenances that extend no more than 6 inches, and an eave that extends no more than 2 feet from the width of that mobile home or park model trailer if the state transportation commission makes a determination that those permits create an unreasonable safety hazard or hazards. The state transportation commission shall notify all other jurisdictional authorities of a determination made under this subsection. The order shall must not prohibit the issuance of a special permit for the movement of a mobile home or park model trailer if a binding contract for the movement of that mobile home or park model trailer was executed before the commission determination of an unreasonable safety hazard or hazards.

(12) If the travel for which a mobile home or park model trailer transport company, a mobile home or park model trailer manufacturer, or a mobile home or park model trailer dealer requires a permit under this section includes highways under the jurisdiction of more than 1 jurisdictional authority, the state transportation department may issue a permit that covers all of the highways, including highways that are not under the jurisdiction of the state transportation department. A jurisdictional authority other than the state transportation department shall not require a separate permit for travel that is covered by a permit issued by the state transportation department.

(13) If the state transportation department issues a permit described in subsection (12), in addition to collecting the fee charged by the state transportation department for the type of permit issued, the state transportation department shall collect the fee charged for that type of permit by each jurisdictional authority whose highways are covered by the permit. A jurisdictional authority other than the state transportation department shall notify the state transportation department of the fees it charges for permits under this section and of any increases in such fees. The state transportation department is not liable for the failure to collect fees or increases in fees of which it has not received notice. Money received and collected by the state transportation department under this section for a fee charged by a jurisdictional authority other than the state transportation department is not state funds, must not be credited to the state treasury, and must be transmitted to the jurisdictional authority for whom the money was collected. In addition to the fee charged by the state transportation department for a permit under this section, the state transportation department may charge an additional amount not to exceed the additional administrative costs incurred in issuing a permit described in subsection (12).

(14) An application and payment to the state transportation department for a permit under this section must be made electronically. The state transportation department shall maintain a website for this purpose. The state transportation department may charge a payment processing fee.

(15) The state transportation department shall not deny an application for an immaterial defect. If an applicant submits the required application and fee, the state transportation department must notify the applicant in writing of any material defects in the application within 2 business days after the date of receipt of an application for a single trip or within 5 business days after the date of receipt of an application for multiple trips or annual travel. If the state transportation department fails to either provide notice of a material defect or issue a permit under this section within 2 business days after the date of receipt of an application for a single trip or within 5 business days after the date of receipt of an application for multiple trips or annual travel, the application is deemed approved and the permit is deemed issued.

(16) (12) As used in this section:

(a) "Business day" means a day other than a Saturday, Sunday, or legal holiday.

(b) "Date of receipt" means the date the payment of the fee is processed and the application is submitted. If these events occur on different dates, the date of receipt is the later of the 2 dates.

(c) (a) "Jurisdictional authority" means the state transportation department, a county road commission, or a local authority that has jurisdiction over a street or highway on which a mobile home is proposed to be moved.

(d) (b) "Mobile home" means any of the following:

(i) A prebuilt housing module.

(ii) That term as defined in section 2 of the mobile home commission act, 1987 PA 96, MCL 125.2302.

(iii) A section of a mobile home as that term is defined in subparagraph (ii).

Sec. 725. (1) Upon Subject to subsection (13), 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 must be on a form prescribed by the jurisdictional authority and shall must 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 Subject to subsections (13) and (14), 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 must 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 must be $50.00 and for multiple trips or on an annual basis shall must be $100.00. 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 permit issued under subsection (11) shall must be $264.00. 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 must be not more than $50.00 and for multiple trips or on an annual basis shall must 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 must 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 must not be increased.

(5) The Except as otherwise provided in subsection (14), 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 must be $15.00 for a single trip and $30.00 for multiple trips or on an annual basis. The Except as otherwise provided in subsection (14), the fee charged by the state transportation department for an intrastate or 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 for a permit issued under subsection (11) shall must be $264.00. 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 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 Except as otherwise provided in subsection (14), 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 must 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 must be carried in the vehicle or combination of vehicles to which it refers and shall must be open to inspection by a police officer or authorized agent of a jurisdictional authority granting the special permit. A person with a deemed permit may satisfy the requirements of this section by carrying in the vehicle or combination of vehicles a copy of the application and a printout from the state transportation department's website that shows the unprocessed status of the application as of a date that is more than 2 or 5 business days after the date of receipt, as applicable. A person shall must not violate any of the terms or conditions of the special permit. The terms and conditions of a deemed permit must be determined based on the representations made in the application.

(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 This section shall be construed to does not 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) Beginning no later than 2 years after the effective date of the 2018 amendatory act that added this subsection, May 14, 2020, the state transportation department shall allow an applicant to obtain an annual permit for the movement of construction equipment under this section to exceed the size, load, or size and 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) Beginning no later than 2 years after the effective date of the 2018 amendatory act that added this subsection, May 14, 2020, all of the following apply to an annual permit for the movement of construction equipment 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 must 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 must 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.

(13) If the single trip, multiple trips, or annual travel for which an applicant requires a special permit under this section includes highways under the jurisdiction of more than 1 jurisdictional authority, upon receipt of a written application and good cause being shown, the state transportation department may issue a special permit that covers all of the highways, including highways that are not under the jurisdiction of the state transportation department. A jurisdictional authority other than the state transportation department shall not require a separate permit for the single trip, multiple trips, or annual travel for which a special permit has been issued by the state transportation department or otherwise require a separate permit for travel on a highway that is covered by a special permit issued by the state transportation department.

(14) If the state transportation department issues a special permit described in subsection (13), in addition to collecting the fee charged by the state transportation department for the type of special permit issued, the state transportation department shall collect the fee charged for that type of special permit by each jurisdictional authority whose highways are covered by the special permit. A jurisdictional authority other than the state transportation department shall notify the state transportation department of the fees it charges for special permits under this section and of any increases in such fees. The state transportation department is not liable for the failure to collect fees or increases in fees of which it has not received notice. Money received and collected by the state transportation department under this section for a fee charged by a jurisdictional authority other than the state transportation department is not state funds, must not be credited to the state treasury, and must be transmitted to the jurisdictional authority for whom the money was collected. In addition to the fee charged by the state transportation department for a permit under this section, the state transportation department may charge an additional amount not to exceed the additional administrative costs incurred in issuing a special permit described in subsection (13).

(15) An application and payment to the state transportation department for a special permit under this section must be made electronically. The state transportation department shall maintain a website for this purpose. The state transportation department may charge a payment processing fee.

(16) The state transportation department shall not deny an application for an immaterial defect. If an applicant submits the application and fee required under this section, the state transportation department must notify the applicant in writing of any material defects in the application within 2 business days after the date of receipt of an application for a single trip or within 5 business days after the date of receipt of an application for multiple trips or annual travel. If the state transportation department fails to either provide notice of a material defect or issue a special permit within 2 business days after the date of receipt of an application for a single trip or within 5 business days after the date of receipt of an application for multiple trips or annual travel, the application is deemed approved and the special permit sought by the application is deemed issued.

(17) (13) As used in this section: , "jurisdictional

(a) "Business day" means a day other than a Saturday, Sunday, or legal holiday.

(b) "Date of receipt" means the date the payment of the fee is processed and the application is submitted. If these events occur on different dates, the date of receipt is the later of the 2 dates.

(d) "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 90 days after the date it is enacted into law.