HOUSE BILL No. 4931 September 30, 1999, Introduced by Reps. Kelly, Allen, Jelinek, Middaugh, Julian, Garcia, Kukuk, Garza and Bovin 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 605 as amended by 1999 PA 73 and section 716 as amended by 1998 PA 427. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 605. (1) This chapter and chapter VIIIshallapply 2 uniformly throughout this state and in all political subdivisions 3 and municipalities in the state. A local authority shall not 4 adopt, enact, or enforce a local law, charter provision, ordi-5nance, rule, or regulationTHAT IS in conflict with this chapter 6 or chapter VIII. 7 (2) A local law, charter provision, ordinance, rule, or8regulationor portion of a local law, chapter provision,9ordinance, rule, or regulation imposingTHAT IMPOSES a criminal 04221'99 * TJS 2 1 penalty for an act or omission that is a civil infraction under 2 this act, orimposingTHAT IMPOSES a criminal penalty or civil 3 sanction in excess of that prescribed in this act, is in conflict 4 with this act and is void to the extent of the conflict. 5 (3) PROCEEDS OF A CIVIL FINE IMPOSED BY A LOCAL AUTHORITY 6 FOR VIOLATION OF A LOCAL LAW REGULATING COMMERCIAL MOTOR VEHICLE 7 EQUIPMENT AND SUBSTANTIALLY CORRESPONDING TO SECTIONS 683 TO 725A 8 SHALL BE PAID TO THE COUNTY TREASURER AND APPLIED EXCLUSIVELY FOR 9 PUBLIC LIBRARIES AND COUNTY LAW LIBRARIES IN THE SAME MANNER AS 10 IS PROVIDED BY LAW FOR PENAL FINES ASSESSED AND COLLECTED FOR 11 VIOLATION OF A PENAL LAW OF THIS STATE. 12 (4) AS USED IN THIS SECTION, "LOCAL LAW" INCLUDES A LOCAL 13 CHARTER PROVISION, ORDINANCE, RULE, OR REGULATION. 14 Sec. 716. (1) Unless specifically declared to be a civil 15 infraction, it is a misdemeanor for a person to drive or move or 16 for the owner to cause or permit to be driven or moved on a high- 17 way a vehicle or vehicles of a size or weight exceeding the limi- 18 tations stated in this chapter or otherwise in violation of this 19 chapter., and theTHE maximum size and weight specified in 20 this chapter shall be lawful throughout this state., and local21authoritiesA LOCAL AUTHORITY shall not alter those size and 22 weight limitations except as express authority is granted in this 23 chapter. 24 (2) The provisions of this chapter governing size, weight, 25 and loadshallDO not apply to a fire apparatus, to an imple- 26 ment of husbandry incidentally moved upon a highway, a 27 combination of vehicles described in, and under the conditions 04221'99 * 3 1 provided by, subsection (4), or to a vehicle operated under the 2 terms of a special permit issued as provided in this chapter. 3 (3) The state transportation department, pursuant to the 4 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 5 24.328, may promulgate rules permitting and regulating the opera- 6 tion of a vehicle or vehicles of a size or weightwhich exceeds7 THAT EXCEED the size or weight limitations in this chapter. The 8 rules may restrict or proscribe the conditions of operation of a 9 vehicle or vehicles of a size or weightwhich exceedsTHAT 10 EXCEED the size or weight limitations in this chapter, if the 11 restriction or proscription is necessary to protect the public 12 safety or to prevent undue damage to a road foundation or sur- 13 face, a structure, or an installation. The rules may provide for 14 a reasonable inspection fee for an inspection of a vehicle or 15 vehicles to determine whether their sizes and weights are in con- 16 formance with this act, and may require other security necessary 17 to compensate for damage caused by the vehicle or vehicles 18 described in this subsection. 19 (4) A wrecker and a disabled vehicle, or a wrecker and a 20 combination of a disabled vehicle and 1 trailer, that exceeds the 21 size and weight limitations in this chapter may be operated upon 22 the highways of this state under the following conditions: 23 (a) The wrecker is specifically designed for such towing 24 operations, is equipped with flashing, oscillating, or rotating 25 amber or red lights as permitted under section 698, and is 26 capable of utilizing the lighting and braking systems of the 04221'99 * 4 1 disabled vehicle or combination of disabled vehicles if those 2 systems are operational. 3 (b) The wrecker is issued an extended restricted permit 4 under section 725 by the state transportation department if each 5 trip beginning from the place of original disablement of the dis- 6 abled vehicle or combination of vehicles is 25 miles or less 7 except that, for each trip that begins and ends north of a line 8 between Ludington and Pinconning, the trip beginning from the 9 place of original disablement of the disabled vehicle or combina- 10 tion of vehicles may be 50 miles or less. 11 (c) The wrecker does not operate on any highway, road, 12 street, or structure included on a list provided by the state 13 transportation department unless the disabled vehicle or combina- 14 tion of vehicles is located on 1 of those roads or structures. 15 (5) The owner or operator of a wrecker that does not comply 16 with subsection (4)(c) is responsible for a civil infraction and 17 shall pay a civil fine of not less than $250.00 but not more than 18 $500.00. The civil fine imposed by this subsection is in addi- 19 tion to any fine that may be imposed under section 724 or 725. 20 (6) A GARBAGE OR REFUSE HAULER THAT EXCEEDS THE WEIGHT LIMI- 21 TATIONS IN THIS CHAPTER MAY BE OPERATED UPON A HIGHWAY OVER WHICH 22 A LOCAL AUTHORITY HAS JURISDICTION IF THE LOCAL AUTHORITY ADOPTS 23 AN ORDINANCE OR RESOLUTION ALLOWING SUCH MOVEMENT AND ISSUES A 24 PERMIT ALLOWING SUCH MOVEMENT AS PROVIDED BY SECTION 725. 25 Enacting section 1. This amendatory act does not take 26 effect unless all of the following bills of the 90th Legislature 27 are enacted into law: 04221'99 * 5 1 (a) Senate Bill No. _____ or House Bill No. 4932 (request 2 no. 03641'99*). 3 (b) Senate Bill No. _____ or House Bill No. 4928 (request 4 no. 03652'99*). 5 (c) Senate Bill No. _____ or House Bill No. 4929 (request 6 no. 03653'99*). 7 (d) Senate Bill No. _____ or House Bill No. 4930 (request 8 no. 04528'99*). 9 (e) Senate Bill No. _____ or House Bill No. 4927 (request 10 no. 04529'99*). 04221'99 * Final page. TJS