SB-1525, As Passed House, December 19, 2008

SUBSTITUTE FOR

SENATE BILL NO. 1525

      A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 722 (MCL 257.722), as amended by 2006 PA 658.

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.

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

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

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

 1  normal loading maximum.

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

 3  transportation department, or a local authority with respect to

 4  highways under its jurisdiction, may designate certain highways,

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

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

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

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

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

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

11  assembly shall be permitted on the designated highways at the

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

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

14  no other tandem axle assembly in the combination of vehicles

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

16  combination of truck tractor and semitrailer having not more than

17  5 axles, 2 consecutive tandem axle assemblies shall be permitted

18  on the designated highways at a gross permissible weight of

19  16,000 pounds per axle, if there is no other axle within 9 feet

20  of any axle of the assembly.

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

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

23  consecutive sets of tandem axles may carry a gross permissible

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

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

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

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

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

 2  deliver agricultural commodities between the national truck

 3  network or special designated highways and any other highway.

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

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

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

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

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

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

10  subsection (8).

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

12  weight requirements of subsection (12) under subsection (8) for a

13  person hauling agricultural commodities applies only if the

14  person who picks up or delivers the agricultural commodity either

15  from a farm or to a farm notifies the county road commission for

16  roads under its authority not less than 48 hours before the

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

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

19  person and charge a fee that does not exceed the administrative

20  costs incurred. The permit shall contain all of the following:

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

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

23  picks up or delivers the agricultural commodities during which

24  the load may be delivered or picked up.

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

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

27  parties.

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

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

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

 4  public utilities under the jurisdiction of the Michigan public

 5  service commission, or are subcontracted by public utilities

 6  under the jurisdiction of the Michigan public service commission

 7  to perform electrical emergency public utility work, only under

 8  the following circumstances:

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

10  as follows:

11        (i) If required by the county road commission, the public

12  utility shall notify the county road commission, as soon as

13  practical, of the location of the emergency public utility work

14  and provide a statement that the vehicles that were used to

15  perform the emergency utility work may have exceeded the loading

16  maximums and gross vehicle weight requirements of subsection (12)

17  under subsection (8). The notification may be made via facsimile

18  or electronically.

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

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

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

22        (b) For nonemergency public utility work on restricted

23  roads, as follows:

24        (i) If the county road commission requires, the public

25  utility shall apply to the county road commission annually for a

26  seasonal truck permit for roads under its authority before

27  seasonal weight restrictions are effective. The county road

 1  commission shall issue a seasonal truck permit for each vehicle

 2  or vehicle configuration the public utility anticipates will be

 3  utilized for nonemergency public utility work. The county road

 4  commission may charge a fee for a permit that does not exceed the

 5  administrative costs incurred for the permit. The seasonal truck

 6  permit shall contain all of the following:

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

 8  during which the permit is valid.

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

10  vehicle configuration to be covered on the seasonal truck permit

11  requested by the public utility.

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

13  weight restrictions will be minimized and only utilized when

14  necessary to perform work using the public utility vehicle or

15  vehicle configuration and that nonrestricted roads shall be used

16  for travel when available and for routine travel.

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

18  county road commission shall provide a notification application

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

20  on restricted roads and the public utility shall provide

21  notification to the county road commission, via facsimile or

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

23  intended travel. Notwithstanding this subsection or an agreement

24  under this subsection, if the county road commission determines

25  that the condition of a particular road under its jurisdiction

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

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

 1  communicated via facsimile or electronically to the public

 2  utility within 24 hours after receiving notification that the

 3  public utility intends to perform nonemergency work that requires

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

 5  24 hours after the notice is received by the county road

 6  commission is considered approved. The notification application

 7  required under this subparagraph may include all of the following

 8  information:

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

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

11        (C) The route to be taken to the nonemergency work site.

12        (D) The restricted road or roads intended to be traveled

13  upon to the nonemergency work site or sites.

14        (7) The normal size of tires shall be the rated size as

15  published by the manufacturers, and the maximum wheel load

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

17  width of tire.

18        (8) Except as provided in this subsection and subsection

19  (9), during the months of March, April, and May in each year, the

20  maximum axle load allowable on concrete pavements or pavements

21  with a concrete base is reduced by 25% from the maximum axle load

22  as specified in this chapter, and the maximum axle loads

23  allowable on all other types of roads during these months are

24  reduced by 35% from the maximum axle loads as specified. The

25  maximum wheel load shall not exceed 525 pounds per inch of tire

26  width on concrete and concrete base or 450 pounds per inch of

27  tire width on all other roads during the period the seasonal road

Senate Bill No. 1525 (S-1) as amended December 19, 2008

 1  restrictions are in effect. This subsection does not apply to

 2  vehicles transporting agricultural commodities or public utility

 3  vehicles on a highway, road, or street under the jurisdiction of

 4  a local road agency. The state transportation department and each

 5  local authority with highways and streets under its jurisdiction

 6  to which the seasonal restrictions prescribed under this

 7  subsection apply shall post all of the following information on

 8  the homepage of its website [or, if a local authority does not have a

 website, then on the website of a statewide road association of which it is a member]:

 9        (a) The dates when the seasonal restrictions are in effect.

10        (b) The names of the highways and streets and portions of

11  highways and streets to which the seasonal restrictions apply.

12        (9) The state transportation department for roads under its

13  jurisdiction and a county road commission for roads under its

14  jurisdiction may grant exemptions from seasonal weight

15  restrictions for milk on specified routes when requested in

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

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

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

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

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

21  applicant may appeal to the state transportation commission or

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

23  county roads in counties that have negotiated agreements with

24  milk haulers or haulers of other commodities during periods of

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

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

27  such agreements.

 1        (10) The state transportation department, or a local

 2  authority with respect to highways under its jurisdiction, may

 3  suspend the restrictions imposed by this section when and where

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

 5  welfare warrant suspension, and impose the restricted loading

 6  requirements of this section on designated highways at any other

 7  time that the conditions of the highway require.

 8        (11) For the purpose of enforcing this act, the gross

 9  vehicle weight of a single vehicle and load or a combination of

10  vehicles and loads , shall be determined by weighing individual

11  axles or groups of axles, and the total weight on all the axles

12  shall be the gross vehicle weight. In addition, the gross axle

13  weight shall be determined by weighing individual axles or by

14  weighing a group of axles and dividing the gross weight of the

15  group of axles by the number of axles in the group. For purposes

16  of subsection (12), the overall gross weight on a group of 2 or

17  more axles shall be determined by weighing individual axles or

18  several axles, and the total weight of all the axles in the group

19  shall be the overall gross weight of the group.

20        (12) The loading maximum in this subsection applies to

21  interstate highways, and the state transportation department, or

22  a local authority with respect to highways under its

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

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

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

26  load maximums:

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

 1  enforcement tolerances.

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

 3  enforcement tolerances.

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

 5  consecutive axles equaling:

6       W = 500  /LN + 12N + 36\

7                \N-1          /

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

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

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

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

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

13  34,000 pounds each if the first and last axles of the consecutive

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

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

16  enforcement tolerances. Except for 5 axle truck tractor,

17  semitrailer combinations having 2 consecutive sets of tandem

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

19  or in excess of the vehicle gross weight determined by

20  application of the formula in this subsection are subject to the

21  maximum axle loads of subsections (1), (2), and (3). As used in

22  this subsection, "tandem axle weight" means the total weight

23  transmitted to the road by 2 or more consecutive axles, the

24  centers of which may be included between parallel transverse

25  vertical planes spaced more than 40 inches but not more than 96

 1  inches apart, extending across the full width of the vehicle.

 2  Except as otherwise provided in this section, vehicles

 3  transporting agricultural commodities shall have weight load

 4  maximums as set forth in this subsection.

 5        (13) As used in this section:

 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 does

15  not include trees or lumber.

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

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

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

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

20  emergency.