HB 5259, As Passed Senate

HB-5259, As Passed Senate, December 14, 2006

SENATE 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

1 13,000 pounds for high pressure pneumatic or balloon tires.

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

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

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

5 normal loading maximum.

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

7 transportation department, or a local authority with respect to

8 highways under its jurisdiction, may designate certain highways,

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

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

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

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

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

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

15 assembly shall be permitted on the designated highways at the

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

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

18 no other tandem axle assembly in the combination of vehicles

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

20 combination of truck tractor and semitrailer having not more than

21 5 axles, 2 consecutive tandem axle assemblies shall be permitted

22 on the designated highways at a gross permissible weight of

23 16,000 pounds per axle, if there is no other axle within 9 feet

24 of any axle of the assembly.

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

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

27 consecutive sets of tandem axles may carry a gross permissible

House Bill No. 5259 as amended, December 14, 2006

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

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

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

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

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

6 deliver agricultural commodities between the national truck

7 network or special designated highways and any other highway.

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

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

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

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

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

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

14 subsection ~~(7)~~ (8).

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

16 weight requirements of subsection ~~(11)~~ (12) under subsection

17 ~~(7)~~ (8) for a person hauling agricultural commodities ~~or a~~

18 ~~public utility vehicle~~ applies only if the person who picks up

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

20 farm <<~~or the public utility~~>> notifies the county road commission

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

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

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

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

25 exceed the administrative costs incurred. The permit shall

26 contain all of the following:

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

House Bill No. 5259 as amended December 14, 2006

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

2 picks up or delivers the agricultural commodities <<or ~~the~~

3 ~~public utility~~>> during which the load may be delivered or picked

4 up.

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

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

7 parties.

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

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

10 applies to public utility vehicles that are owned or operated by

11 public utilities under the jurisdiction of the Michigan public

12 service commission<<, or are subcontracted by public utilities under the

jurisdiction of the Michigan public service commission to perform electrical emergency public utility work,>> only under the following circumstances:

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

14 as follows:

15 (i) <<if required by the county road commission,>> The public

utility shall notify the county road

16 commission, as soon as practical, of the location of the

17 emergency public utility work and <<provide a statement that the

18 vehicles that were used to perform the emergency utility work may have

exceeded the loading maximums and gross vehicle weight requirements of

subsection (12) under subsection (8).>> The

19 notification may be made via facsimile or electronically.

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

21 of the emergency public utility work while on a restricted road

22 at a speed not greater than 35 miles per hour.

23 <<

26 >>

27 (b) For nonemergency public utility work on restricted

House Bill No. 5259 as amended December 14, 2006

1 roads, as follows:

2 (i) <<If the county road commission requires,>> The public utility

<<shall apply>> to the county road commission

3 annually for a seasonal truck permit for roads under its

4 authority before seasonal weight restrictions are effective. The

5 county road commission shall issue a seasonal truck permit for

6 each <<vehicle or>> vehicle configuration the public utility anticipates

will be

7 utilized for nonemergency public utility work. The county road

8 commission may charge a fee <<for a permit>> that does not exceed the

9 administrative costs incurred <<for the permit>>. The seasonal truck

permit shall

10 contain all of the following:

11 (A) The seasonal period requested by the public utility

12 during which the permit is valid.

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

14 vehicle configuration to be covered on the seasonal truck permit

15 requested by the public utility.

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

17 weight restrictions will be minimized and only utilized when

18 necessary to perform work using the public utility vehicle or

19 vehicle configuration and that nonrestricted roads shall be used

20 for travel when available and for routine travel.

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

22 county road commission shall provide a notification application

23 for the public utility to use when requesting access to operate

24 on restricted roads and the public utility shall provide

25 notification to the county road commission, via facsimile or

26 electronically, not later than 24 hours before the time of the

27 intended travel. Notwithstanding this subsection or an agreement

House Bill No. 5259 as amended December 14, 2006

1 under this subsection, if the county road commission determines

2 that the condition of a particular road under its jurisdiction

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

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

5 communicated via facsimile or electronically to the public

6 utility within 24 hours after receiving notification that the

7 public utility intends to perform nonemergency work that requires

8 use of that road. Any notification that is not disapproved within

9 24 hours after the notice is received by the county road

10 commission is considered approved. The notification application

11 required under this subparagraph <<MAY INCLUDE

12 >> all of the following information:

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

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

15 << >>

16 <<(c)>> The route to be taken to the nonemergency work site.

17 <<(d) The restricted road or roads intended to be traveled upon to

18 the nonemergency work site or sites.>>

19 (7) ~~(6)~~ The normal size of tires shall be the rated size

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

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

22 width of tire.

23 (8) ~~(7)~~ Except as provided in this subsection and

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

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

26 pavements or pavements with a concrete base ~~shall be~~ is reduced

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

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

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

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

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

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

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

7 This subsection does not apply to vehicles transporting

8 agricultural commodities or public utility vehicles on a highway,

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

10 (9) ~~(8)~~ The state transportation department for roads

11 under its jurisdiction and a county road commission for roads

12 under its jurisdiction may grant exemptions from seasonal weight

13 restrictions for milk on specified routes when requested in

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

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

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

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

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

19 applicant may appeal to the state transportation commission or

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

21 county roads in counties that have negotiated agreements with

22 milk haulers or haulers of other commodities during periods of

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

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

25 such agreements.

26 (10) ~~(9)~~ The state transportation department, or a local

27 authority with respect to highways under its jurisdiction, may

1 suspend the restrictions imposed by this section when and where

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

3 welfare warrant suspension, and impose the restricted loading

4 requirements of this section on designated highways at any other

5 time that the conditions of the highway require.

6 (11) ~~(10)~~ For the purpose of ~~enforcement of~~ enforcing

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

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

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

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

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

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

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

14 group. ~~Pursuant to~~ For purposes of subsection ~~(11)~~ (12), the

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

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

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

18 gross weight of the group.

19 (12) ~~(11)~~ The loading maximum in this subsection applies

20 to interstate highways, and the state transportation department,

21 or a local authority with respect to highways under its

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

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

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

25 load maximums:

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

27 enforcement tolerances.

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

2 enforcement tolerances.

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

4 consecutive axles equaling:

5 W = 500 /LN + 12N + 36\

6 \N-1 /

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

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

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

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

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

12 34,000 pounds each if the first and last axles of the consecutive

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

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

15 enforcement tolerances. Except for 5 axle truck tractor,

16 semitrailer combinations having 2 consecutive sets of tandem

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

18 or in excess of the vehicle gross weight determined by

19 application of the formula in this subsection ~~shall be~~ are

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

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

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

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

24 transverse vertical planes spaced more than 40 inches but not

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

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

2 transporting agricultural commodities shall have weight load

3 maximums as ~~defined~~ set forth in this subsection.

4 (13) ~~(12)~~ As used in this section: ~~, "agricultural~~

5 ~~commodities"~~

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

7 animals useful to human beings produced by agriculture and

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

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

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

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

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

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

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

15 ~~"agricultural commodities" shall~~ does not include trees ~~and~~ or

16 lumber.

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

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

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

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

21 emergency.