HB-5259, As Passed House, November 30, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5259

      A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 722 (MCL 257.722), as amended by 2006 PA 83.

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 that

 3  prescribe the distance between axles:

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

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

 6  equipped with high pressure pneumatic or balloon tires.

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

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

 9  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

 6  transportation department, or a local authority with respect to

 7  highways under its jurisdiction, may designate certain highways,

 8  or sections of those highways, where bridges and road surfaces

 9  are adequate for heavier loading, and revise a designation as

10  needed, on which the maximum tandem axle assembly loading shall

11  not exceed 16,000 pounds for any axle of the assembly, if there

12  is no other axle within 9 feet of any axle of the assembly.

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

14  assembly shall be permitted on the designated highways at the

15  gross permissible weight of 16,000 pounds per axle, if there is

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

17  no other tandem axle assembly in the combination of vehicles

18  exceeds a gross weight of 13,000 pounds per axle. On a

19  combination of truck tractor and semitrailer having not more than

20  5 axles, 2 consecutive tandem axle assemblies shall be permitted

21  on the designated highways at a gross permissible weight of

22  16,000 pounds per axle, if there is no other axle within 9 feet

23  of any axle of the assembly.

24        (4) Notwithstanding subsection (3), on a combination of

25  truck tractor and semitrailer having not more than 5 axles, 2

26  consecutive sets of tandem axles may carry a gross permissible

27  weight of not to exceed 17,000 pounds on any axle of the tandem

 1  axles if there is no other axle within 9 feet of any axle of the

 2  tandem axles and if the first and last axles of the consecutive

 3  sets of tandem axles are not less than 36 feet apart and the

 4  gross vehicle weight does not exceed 80,000 pounds to pick up and

 5  deliver agricultural commodities between the national truck

 6  network or special designated highways and any other highway.

 7  This subsection is not subject to the maximum axle loads of

 8  subsections (1), (2), and (3). For purposes of this subsection, a

 9  "tandem axle" means 2 axles spaced more than 40 inches but not

10  more than 96 inches apart or 2 axles spaced more than 3-1/2 feet

11  but less than 9 feet apart. This subsection does not apply during

12  that period when reduced maximum loads are in effect pursuant to

13  subsection  (7)  (8).

14        (5) The exception to the loading maximums and gross vehicle

15  weight requirements of subsection  (11)  (12) under subsection

16  (7)  (8) for a person hauling agricultural commodities  or a

17  public utility vehicle applies only if the person who picks up

18  or delivers the agricultural commodity either from a farm or to a

19  farm or the public utility notifies the county road commission

20  for roads under its authority not less than 48 hours before the

21  pickup or delivery of the time and location of the pickup or

22  delivery. The county road commission shall issue a permit to the

23  person  or the public utility and charge a fee that does not

24  exceed the administrative costs incurred. The permit shall

25  contain all of the following:

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

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

 1  picks up or delivers the agricultural commodities  or the public

 2  utility during which the load may be delivered or picked up.

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

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

 5  parties.

 6        (6) The exception to the loading maximums and gross vehicle

 7  weight requirements of subsection (12) under subsection (8)

 8  applies to public utility vehicles only under the following

 9  circumstances:

10        (a) For emergency public utility work, the public utility

11  vehicle travels to and from the site of emergency public utility

12  work at a speed not greater than 35 miles per hour.

13        (b) For nonemergency public utility work, the public utility

14  applies to the county road commission annually for roads under

15  its authority before the public utility vehicle travels to and

16  from the site of nonemergency public utility work. When the

17  public utility provides the required notice, the county road

18  commission shall issue a blanket permit to the public utility for

19  nonemergency public utility work. The local unit of government

20  may charge a fee for the actual and reasonable cost of issuing

21  the permit per year. The permit shall contain all of the

22  following:

23        (i) The annual period requested by the public utility during

24  which the permit is valid.

25        (ii) A list of vehicles to be covered on the blanket permit

26  requested by the public utility.

27        (iii) A requirement that travel on restricted roads will be

 1  minimized and only utilized when necessary to perform work by the

 2  public utility vehicle. Nonrestricted roads must be used where

 3  available or for routine travel.

 4        (iv) If the permitting agency requires, the maximum speed

 5  limit of travel.

 6        (v) If the permitting agency requires, a statement that

 7  travel on restricted roads will require notification to the

 8  permitting agency, via fax or electronically, the day before the

 9  intended travel or the day following the actual travel.

10  (7)  (6) The normal size of tires shall be the rated size

11  as published by the manufacturers, and the maximum wheel load

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

13  width of tire.

14  (8)  (7) Except as provided in this subsection and

15  subsection (8)  (9), during the months of March, April, and May

16  in each year, the maximum axle load allowable on concrete

17  pavements or pavements with a concrete base  shall be  is reduced

18  by 25% from the maximum axle load as specified in this chapter,

19  and the maximum axle loads allowable on all other types of roads

20  during these months  shall be  are reduced by 35% from the

21  maximum axle loads as specified. The maximum wheel load shall not

22  exceed 525 pounds per inch of tire width on concrete and concrete

23  base or 450 pounds per inch of tire width on all other roads

24  during the period the seasonal road restrictions are in effect.

25  This subsection does not apply to vehicles transporting

26  agricultural commodities or public utility vehicles on a highway,

27  road, or street under the jurisdiction of a local road agency.

 1  (9)  (8) The state transportation department for roads

 2  under its jurisdiction and a county road commission for roads

 3  under its jurisdiction may grant exemptions from seasonal weight

 4  restrictions for milk on specified routes when requested in

 5  writing. Approval or denial of a request for an exemption shall

 6  be given by written notice to the applicant within 30 days after

 7  the date of submission of the application. If a request is

 8  denied, the written notice shall state the reason for denial and

 9  alternate routes for which the permit may be issued. The

10  applicant may appeal to the state transportation commission or

11  the county road commission. These exemptions do not apply on

12  county roads in counties that have negotiated agreements with

13  milk haulers or haulers of other commodities during periods of

14  seasonal load limits before April 14, 1993. This subsection does

15  not limit the ability of these counties to continue to negotiate

16  such agreements.

17  (10)  (9) The state transportation department, or a local

18  authority with respect to highways under its jurisdiction, may

19  suspend the restrictions imposed by this section when and where

20  conditions of the highways or the public health, safety, and

21  welfare warrant suspension, and impose the restricted loading

22  requirements of this section on designated highways at any other

23  time that the conditions of the highway require.

24  (11)  (10) For the purpose of  enforcement of  enforcing

25  this act, the gross vehicle weight of a single vehicle and load

26  or a combination of vehicles and loads, shall be determined by

27  weighing individual axles or groups of axles, and the total

 1  weight on all the axles shall be the gross vehicle weight. In

 2  addition, the gross axle weight shall be determined by weighing

 3  individual axles or by weighing a group of axles and dividing the

 4  gross weight of the group of axles by the number of axles in the

 5  group.  Pursuant to  For purposes of subsection  (11)  (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)  (11) The loading maximum in this subsection applies

11  to interstate highways, and the state transportation department,

12  or a local authority with respect to highways under its

13  jurisdiction, may designate a highway, or a section of a highway,

14  for the operation of vehicles having a gross vehicle weight of

15  not more than 80,000 pounds that are subject to the following

16  load maximums:

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

18  enforcement tolerances.

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

20  enforcement tolerances.

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

22  consecutive axles equaling:

23      W = 500  /LN + 12N + 36\

24 \N-1          /

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

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

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

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

 3  that 2 consecutive sets of tandem axles may carry a gross load of

 4  34,000 pounds each if the first and last axles of the consecutive

 5  sets of tandem axles are not less than 36 feet apart. The gross

 6  vehicle weight shall not exceed 80,000 pounds including all

 7  enforcement tolerances. Except for 5 axle truck tractor,

 8  semitrailer combinations having 2 consecutive sets of tandem

 9  axles, vehicles having a gross weight in excess of 80,000 pounds

10  or in excess of the vehicle gross weight determined by

11  application of the formula in this subsection  shall be  are

12  subject to the maximum axle loads of subsections (1), (2), and

13  (3). As used in this subsection, "tandem axle weight" means the

14  total weight transmitted to the road by 2 or more consecutive

15  axles, the centers of which may be included between parallel

16  transverse vertical planes spaced more than 40 inches but not

17  more than 96 inches apart, extending across the full width of the

18  vehicle. Except as otherwise provided in this section, vehicles

19  transporting agricultural commodities shall have weight load

20  maximums as  defined  set forth in this subsection.

21  (13)  (12) As used in this section:  , "agricultural

22  commodities"

23        (a) "Agricultural commodities" means those plants and

24  animals useful to human beings produced by agriculture and

25  includes, but is not limited to, forages and sod crops, grains

26  and feed crops, field crops, dairy and dairy products, poultry

27  and poultry products, cervidae, livestock, including breeding and

 1  grazing, equine, fish, and other aquacultural products, bees and

 2  bee products, berries, herbs, fruits, vegetables, flowers, seeds,

 3  grasses, nursery stock, mushrooms, fertilizer, livestock bedding,

 4  farming equipment, and fuel for agricultural use. The term

 5  "agricultural commodities" shall  does not include trees  and  or

 6  lumber.

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

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

 9  public due to an unforeseen circumstance, a natural disaster, or

10  an act of God, whether or not a public official has declared an

11  emergency.