June 15, 2006, Introduced by Rep. Farhat and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 716 (MCL 257.716), as amended by 1998 PA 427.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 716. (1) Unless specifically declared to be a civil
infraction,
it is a misdemeanor for a person to
drive operate or
move
or for the owner to cause or permit to be driven operated or
moved on a highway a vehicle or vehicles of a size or weight
exceeding the limitations stated in this chapter or otherwise in
violation
of this chapter. , and the The maximum size and weight
specified
in this chapter shall be are lawful throughout this
state, and local authorities shall not alter those size and weight
limitations except as express authority is granted in this chapter.
(2) The provisions of this chapter governing size, weight, and
load shall
do not apply to
a fire apparatus an authorized
emergency vehicle, to an implement of husbandry incidentally moved
upon a highway, a combination of vehicles described in, and under
the conditions provided by, subsection (4), or to a vehicle
operated under the terms of a special permit issued as provided in
this chapter.
(3)
The state transportation department,
pursuant to under
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328, may promulgate rules permitting and regulating the
operation
of a vehicle or vehicles of a size or weight which that
exceeds the size or weight limitations in this chapter. The rules
may restrict or proscribe the conditions of operation of a vehicle
or
vehicles of a size or weight which that
exceeds the size or
weight limitations in this chapter, if the restriction or
proscription is necessary to protect the public safety or to
prevent undue damage to a road foundation or surface, a structure,
or an installation. The rules may provide for a reasonable
inspection fee for an inspection of a vehicle or vehicles to
determine whether their sizes and weights are in conformance with
this act, and may require other security necessary to compensate
for damage caused by the vehicle or vehicles described in this
subsection.
(4) A wrecker and a disabled vehicle, or a wrecker and a
combination of a disabled vehicle and 1 trailer, that exceeds the
size and weight limitations in this chapter may be operated upon
the highways of this state under the following conditions:
(a) The wrecker is specifically designed for such towing
operations, is equipped with flashing, oscillating, or rotating
amber or red lights as permitted under section 698, and is capable
of utilizing the lighting and braking systems of the disabled
vehicle or combination of disabled vehicles if those systems are
operational.
(b) The wrecker is issued an extended restricted permit under
section 725 by the state transportation department if each trip
beginning from the place of original disablement of the disabled
vehicle or combination of vehicles is 25 miles or less except that,
for each trip that begins and ends north of a line between
Ludington and Pinconning, the trip beginning from the place of
original disablement of the disabled vehicle or combination of
vehicles may be 50 miles or less.
(c) The wrecker does not operate on any highway, road, street,
or structure included on a list provided by the state
transportation department unless the disabled vehicle or
combination of vehicles is located on 1 of those roads or
structures.
(5) The owner or operator of a wrecker that does not comply
with subsection (4)(c) is responsible for a civil infraction and
shall pay a civil fine of not less than $250.00 but not more than
$500.00. The civil fine imposed by this subsection is in addition
to any fine that may be imposed under section 724 or 725.