June 22, 2011, Introduced by Senators PROOS, MARLEAU, HANSEN, BOOHER, HUNE and PAVLOV and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 627, 688, 722, and 801 (MCL 257.627,
257.688, 257.722, and 257.801), section 627 as amended by 2006 PA
85, section 688 as amended by 2006 PA 14, section 722 as amended
by 2009 PA 146, and section 801 as amended by 2009 PA 99, and by
adding section 30c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 30c. "Modified agriculture vehicle" means a vehicle
2 that has been modified from its original use in a manner that
3 enhances its utility as transportation for agricultural products.
4 Sec. 627. (1) A person operating a vehicle on a highway
5 shall operate that vehicle at a careful and prudent speed not
6 greater than nor less than is reasonable and proper, having due
1 regard to the traffic, surface, and width of the highway and of
2 any other condition then existing. A person shall not operate a
3 vehicle upon a highway at a speed greater than that which will
4 permit a stop within the assured, clear distance ahead.
5 (2) Except in those instances where a lower speed is
6 specified in this chapter or the speed is unsafe pursuant to
7 under subsection (1), it is prima facie lawful for the operator
8 of a vehicle to operate that vehicle at a speed not exceeding the
9 following, except when this speed would be unsafe:
10 (a) 25 miles per hour on all highways in a business
11 district. as that term is defined in section 5.
12 (b) 25 miles per hour in public parks unless a different
13 speed is fixed and duly posted.
14 (c) 25 miles per hour on all highways or parts of highways
15 within the boundaries of land platted under the land division
16 act, 1967 PA 288, MCL 560.101 to 560.293, or the condominium act,
17 1978 PA 59, MCL 559.101 to 559.276, unless a different speed is
18 fixed and posted.
19 (d) 25 miles per hour on a highway segment with 60 or more
20 vehicular access points within 1/2 mile.
21 (e) 35 miles per hour on a highway segment with not less
22 than 45 vehicular access points but no more than 59 vehicular
23 access points within 1/2 mile.
24 (f) 45 miles per hour on a highway segment with not less
25 than 30 vehicular access points but no more than 44 vehicular
26 access points within 1/2 mile.
27 (3) It is prima facie unlawful for a person to exceed the
1 speed limits prescribed in subsection (2), except as provided in
2 section 629.
3 (4) A person operating a vehicle in a mobile home park as
4 defined in section 2 of the mobile home commission act, 1987 PA
5 96, MCL 125.2302, shall operate that vehicle at a careful and
6 prudent speed, not greater than a speed that is reasonable and
7 proper, having due regard for the traffic, surface, width of the
8 roadway, and all other conditions existing, and not greater than
9 a speed that permits a stop within the assured clear distance
10 ahead. It is prima facie unlawful for the operator of a vehicle
11 to operate that vehicle at a speed exceeding 15 miles an hour in
12 a mobile home park as defined in section 2 of the mobile home
13 commission act, 1987 PA 96, MCL 125.2302.
14 (5) A person operating a passenger vehicle drawing another
15 vehicle or trailer shall not exceed the posted speed limit.
16 (6) Except as otherwise provided in this subsection, a
17 person operating a truck with a gross weight of 10,000 pounds or
18 more, a truck-tractor, a truck-tractor with a semi-trailer or
19 trailer, or a combination of these vehicles shall not exceed a
20 speed of 55 miles per hour on highways, streets, or freeways and
21 shall not exceed a speed of 35 miles per hour during the period
22 when reduced loadings are being enforced in accordance with this
23 chapter. However, a person operating a school bus, a truck, a
24 truck-tractor, or a truck-tractor with a semi-trailer or trailer
25 described in this subsection shall not exceed a speed of 60 miles
26 per hour on a freeway if the maximum speed limit on that freeway
27 is 70 miles per hour. A person operating a modified agriculture
1 vehicle shall not exceed a speed of 45 miles per hour.
2 (7) Except as otherwise provided in subsection (6), a person
3 operating a school bus shall not exceed the speed of 55 miles per
4 hour.
5 (8) The maximum rates of speeds allowed under this section
6 are subject to the maximum rate established under section 629b.
7 (9) A person operating a vehicle on a highway, when entering
8 and passing through a work zone described in section 79d(a) where
9 a normal lane or part of the lane of traffic has been closed due
10 to highway construction, maintenance, or surveying activities,
11 shall not exceed a speed of 45 miles per hour unless a different
12 speed limit is determined for that work zone by the state
13 transportation department, a county road commission, or a local
14 authority, based on accepted engineering practice. The state
15 transportation department, a county road commission, or a local
16 authority shall post speed limit signs in each work zone
17 described in section 79d(a) that indicate the speed limit in that
18 work zone and shall identify that work zone with any other
19 traffic control devices necessary to conform to the Michigan
20 manual of uniform traffic control devices. A person shall not
21 exceed a speed limit established under this section or a speed
22 limit established under section 628 or 629.
23 (10) Subject to subsections (1) and (2)(c), speed limits
24 established pursuant to under
this section are not valid unless
25 properly posted. In the absence of a properly posted sign, the
26 speed limit in effect shall be the general speed limit pursuant
27 to under section 628(1).
1 (11) Nothing in this section prevents the establishment of
2 an absolute speed limit pursuant to under section
628. Subject to
3 subsection (1), an absolute speed limit established pursuant to
4 under section 628 supersedes a prima facie speed limit
5 established pursuant to under
this section.
6 (12) Nothing in this section shall be construed as
7 justification to deny a traffic and engineering investigation.
8 (13) As used in this section, "vehicular access point" means
9 a driveway or intersecting roadway.
10 (14) A person who violates this section is responsible for a
11 civil infraction.
12 Sec. 688. (1) In addition to other equipment required in
13 this chapter, the following vehicles shall be equipped as
14 provided in this section under the conditions stated in section
15 687:
16 (a) On every bus or truck, whatever its size, there shall be
17 on the rear, 2 red reflectors, 1 on each side, and 1 red or amber
18 stop light.
19 (b) On every bus or truck 80 inches or more in overall
20 width, in addition to the requirements in subdivision (a), the
21 following:
22 (i) On the front, 2 clearance lamps, 1 at each side.
23 (ii) On the rear, 2 clearance lamps, 1 at each side.
24 (iii) On each side, 2 side marker lamps, 1 at or near the
25 front and 1 at or near the rear.
26 (iv) On each side, 2 reflectors, 1 at or near the front and 1
27 at or near the rear.
1 (v) Three identification lamps, mounted on the vertical
2 centerline of the vehicle or the vertical centerline of the cab
3 where different from the centerline of the vehicle, except that,
4 where if the cab is not more than 42 inches wide at the front
5 roofline, a single lamp at the center of the cab shall be
6 considered to comply with satisfies
the requirements for
7 identification lamps. The identification lamps or their mounts
8 shall not extend below the top of the vehicle windshield.
9 (c) On every truck tractor, the following:
10 (i) On the front, 2 clearance lamps, 1 at each side.
11 (ii) On the rear, 1 stop light.
12 (d) On every trailer, pickup camper, or semitrailer having a
13 gross weight in excess of 3,000 pounds, the following:
14 (i) On the front, 2 clearance lamps, 1 at each side.
15 (ii) On each side, 2 side marker lamps, 1 at or near the
16 front and 1 at or near the rear.
17 (iii) On each side, 2 reflectors, 1 at or near the front and 1
18 at or near the rear.
19 (iv) On the rear, 2 clearance lamps, 1 at each side, also 2
20 reflectors, 1 at each side, and 1 stop light.
21 (e) On every poletrailer, the following:
22 (i) On each side, 1 side marker lamp and 1 clearance lamp
23 which may be in combination, to show to the front, side, or rear.
24 (ii) On the rear of the poletrailer or load, 2 reflectors, 1
25 on each side.
26 (f) On every trailer, pickup camper, or semitrailer weighing
27 3,000 pounds gross or less, on the rear, 2 reflectors, 1 on each
1 side if any trailer or semitrailer is so loaded or is of such
2 dimensions as to obscure the stop light on the towing vehicle,
3 then such vehicle shall also be equipped with 1 stop light.
4 (g) Subject to subsection (3), when operated on the highway,
5 every vehicle which that
has a maximum potential speed of 25
6 miles an hour, implement of husbandry, farm tractor, modified
7 agriculture vehicle, or special mobile equipment shall be
8 identified with a reflective device as follows:
9 (i) An equilateral triangle in shape, at least 16 inches wide
10 at the base and at least 14 inches in height: with a dark red
11 border, at least 1-3/4 inches wide of highly reflective beaded
12 material.
13 (ii) A center triangle, at least 12-1/4 inches on each side
14 of yellow-orange fluorescent material.
15 (2) The device described in subdivision (g) subsection
16 (1)(g) shall be mounted on the rear of the vehicle, broad base
17 down, not less than 3 feet nor more than 5 feet above the ground
18 and as near the center of the vehicle as possible. The use of
19 this reflective device is restricted to use on slow moving
20 vehicles specified in this section, and use of such reflective
21 device on any other type of vehicle or stationary object on the
22 highway is prohibited. On the rear, at each side, red reflectors
23 or reflectorized material visible from all distances within 500
24 to 50 feet to the rear when directly in front of lawful upper
25 beams of headlamps.
26 (3) An implement of husbandry manufactured on or after
27 January 1, 2007 shall comply with section 684a.
1 Sec. 722. (1) The Except
as otherwise provided in this
2 section, the maximum axle load shall not exceed the number of
3 pounds designated in the following provisions that prescribe the
4 distance between axles:
5 (a) If the axle spacing is 9 feet or more between axles, the
6 maximum axle load shall not exceed 18,000 pounds for vehicles
7 equipped with high pressure pneumatic or balloon tires.
8 (b) If the axle spacing is less than 9 feet between 2 axles
9 but more than 3-1/2 feet, the maximum axle load shall not exceed
10 13,000 pounds for high pressure pneumatic or balloon tires.
11 (c) If the axles are spaced less than 3-1/2 feet apart, the
12 maximum axle load shall not exceed 9,000 pounds per axle.
13 (d) Subdivisions (a), (b), and (c) shall be known as the
14 normal loading maximum.
15 (2) When normal loading is in effect, the state
16 transportation department, or a local authority with respect to
17 highways under its jurisdiction, may designate certain highways,
18 or sections of those highways, where bridges and road surfaces
19 are adequate for heavier loading, and revise a designation as
20 needed, on which the maximum tandem axle assembly loading shall
21 not exceed 16,000 pounds for any axle of the assembly, if there
22 is no other axle within 9 feet of any axle of the assembly.
23 (3) On a legal combination of vehicles, only 1 tandem axle
24 assembly shall be permitted on the designated highways at the
25 gross permissible weight of 16,000 pounds per axle, if there is
26 no other axle within 9 feet of any axle of the assembly, and if
27 no other tandem axle assembly in the combination of vehicles
1 exceeds a gross weight of 13,000 pounds per axle. On a
2 combination of truck tractor and semitrailer having not more than
3 5 axles, 2 consecutive tandem axle assemblies shall be permitted
4 on the designated highways at a gross permissible weight of
5 16,000 pounds per axle, if there is no other axle within 9 feet
6 of any axle of the assembly.
7 (4) Notwithstanding subsection (3), on a combination of
8 truck tractor and semitrailer having not more than 5 axles, 2
9 consecutive sets of tandem axles may carry a gross permissible
10 weight of not to exceed 17,000 pounds on any axle of the tandem
11 axles if there is no other axle within 9 feet of any axle of the
12 tandem axles and if the first and last axles of the consecutive
13 sets of tandem axles are not less than 36 feet apart and the
14 gross vehicle weight does not exceed 80,000 pounds to pick up and
15 deliver agricultural commodities between the national truck
16 network or special designated highways and any other highway.
17 This subsection is not subject to the maximum axle loads of
18 subsections (1), (2), and (3). For purposes of this subsection, a
19 "tandem axle" means 2 axles spaced more than 40 inches but not
20 more than 96 inches apart or 2 axles spaced more than 3-1/2 feet
21 but less than 9 feet apart. This subsection does not apply during
22 that period when reduced maximum loads are in effect under
23 subsection (8).
24 (5) The seasonal reductions described under subsection (8)
25 to the loading maximums and gross vehicle weight requirement of
26 subsection (12) do not apply to a person hauling agricultural
27 commodities if the person who picks up or delivers the
1 agricultural commodity either from a farm or to a farm notifies
2 the county road commission for roads under its authority not less
3 than 48 hours before the pickup or delivery of the time and
4 location of the pickup or delivery. The county road commission
5 shall issue a permit to the person and charge a fee that does not
6 exceed the administrative costs incurred. The permit shall
7 contain all of the following:
8 (a) The designated route or routes of travel for the load.
9 (b) The date and time period requested by the person who
10 picks up or delivers the agricultural commodities during which
11 the load may be delivered or picked up.
12 (c) A maximum speed limit of travel, if necessary.
13 (d) Any other specific conditions agreed to between the
14 parties.
15 (6) The seasonal reductions described under subsection (8)
16 to the loading maximums and gross vehicle weight requirements of
17 subsection (12) do not apply to public utility vehicles under the
18 following circumstances:
19 (a) For emergency public utility work on restricted roads,
20 as follows:
21 (i) If required by the county road commission, the public
22 utility or its subcontractor shall notify the county road
23 commission, as soon as practical, of the location of the
24 emergency public utility work and provide a statement that the
25 vehicles that were used to perform the emergency utility work may
26 have exceeded the loading maximums and gross vehicle weight
27 requirements of subsection (12) as reduced under subsection (8).
1 The notification may be made via facsimile or electronically.
2 (ii) The public utility vehicle travels to and from the site
3 of the emergency public utility work while on a restricted road
4 at a speed not greater than 35 miles per hour.
5 (b) For nonemergency public utility work on restricted
6 roads, as follows:
7 (i) If the county road commission requires, the public
8 utility or its subcontractor shall apply to the county road
9 commission annually for a seasonal truck permit for roads under
10 its authority before seasonal weight restrictions are effective.
11 The county road commission shall issue a seasonal truck permit
12 for each public utility vehicle or vehicle configuration the
13 public utility or subcontractor anticipates will be utilized for
14 nonemergency public utility work. The county road commission may
15 charge a fee for a seasonal truck permit that does not exceed the
16 administrative costs incurred for the permit. The seasonal truck
17 permit shall contain all of the following:
18 (A) The seasonal period requested by the public utility or
19 subcontractor during which the permit is valid.
20 (B) A unique identification number for the vehicle and any
21 vehicle configuration to be covered on the seasonal truck permit
22 requested by the public utility or subcontractor.
23 (C) A requirement that travel on restricted roads during
24 weight restrictions will be minimized and only utilized when
25 necessary to perform public utility work using the public utility
26 vehicle or vehicle configuration and that nonrestricted roads
27 shall be used for travel when available and for routine travel.
1 (D) A requirement that in the case of a subcontractor the
2 permit is only valid while the subcontractor vehicle is being
3 operated in the performance of public utility work.
4 (E) A requirement that a subcontractor vehicle or vehicle
5 configuration shall display signage on the outside of the vehicle
6 to identify the vehicle as operating on behalf of the public
7 utility.
8 (ii) If the county road commission requires notification, the
9 county road commission shall provide a notification application
10 for the public utility or its subcontractor to use when
11 requesting access to operate on restricted roads and the public
12 utility or its subcontractor shall provide notification to the
13 county road commission, via facsimile or electronically, not
14 later than 24 hours before the time of the intended travel. A
15 subcontractor using a vehicle on a restricted road shall have a
16 copy of any notification provided to a county road commission in
17 the subcontractor's possession while performing the relevant
18 nonemergency work. Notwithstanding this subsection or an
19 agreement under this subsection, if the county road commission
20 determines that the condition of a particular road under its
21 jurisdiction makes it unusable, the county road commission may
22 deny access to all or any part of that road. The denial shall be
23 made and communicated via facsimile or electronically to the
24 public utility or its subcontractor within 24 hours after
25 receiving notification that the public utility or subcontractors
26 intends to perform nonemergency work that requires use of that
27 road. Any notification that is not disapproved within 24 hours
1 after the notice is received by the county road commission is
2 considered approved. The notification application required under
3 this subparagraph may include all of the following information:
4 (A) The address or location of the nonemergency work.
5 (B) The date or dates of the nonemergency work.
6 (C) The route to be taken to the nonemergency work site.
7 (D) The restricted road or roads intended to be traveled
8 upon to the nonemergency work site or sites.
9 (E) In the case of a subcontractor, the utility on whose
10 behalf the subcontractor is performing services.
11 (7) The normal size of tires shall be the rated size as
12 published by the manufacturers, and the maximum wheel load
13 permissible for any wheel shall not exceed 700 pounds per inch of
14 width of tire.
15 (8) Except as provided in this subsection and subsection
16 (9), during the months of March, April, and May in each year, the
17 maximum axle load allowable on concrete pavements or pavements
18 with a concrete base is reduced by 25% from the maximum axle load
19 as specified in this chapter, and the maximum axle loads
20 allowable on all other types of roads during these months are
21 reduced by 35% from the maximum axle loads as specified. The
22 maximum wheel load shall not exceed 525 pounds per inch of tire
23 width on concrete and concrete base or 450 pounds per inch of
24 tire width on all other roads during the period the seasonal road
25 restrictions are in effect. Subject to subsection (5), this
26 subsection does not apply to vehicles transporting agricultural
27 commodities or, subject to subsection (6), public utility
1 vehicles on a highway, road, or street under the jurisdiction of
2 a local road agency. The state transportation department and each
3 local authority with highways and streets under its jurisdiction
4 to which the seasonal restrictions prescribed under this
5 subsection apply shall post all of the following information on
6 the homepage of its website or, if a local authority does not
7 have a website, then on the website of a statewide road
8 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
26 inches apart, extending across the full width of the vehicle.
1 Except as otherwise provided in this section, vehicles
2 transporting agricultural commodities shall have weight load
3 maximums as set forth in this subsection.
4 (13) A modified agriculture vehicle, or any vehicle carrying
5 a load that is not less than 50% agricultural commodities, is
6 considered to be in compliance with the maximum weight
7 requirements under this section if its gross weight or axle
8 weights, or both, are not more than 10% greater than the maximum
9 weight otherwise permitted under this section. However, a motor
10 vehicle described in this subsection that is not in compliance
11 with the maximum weight requirements of this section shall be
12 considered to be in violation for the full weight without
13 consideration of the 10% compliance allowance.
14 (14) (13) As
used in this section:
15 (a) "Agricultural commodities" means those plants and
16 animals useful to human beings produced by agriculture and
17 includes, but is not limited to, forages and sod crops, grains
18 and feed crops, field crops, dairy and dairy products, poultry
19 and poultry products, cervidae, livestock, including breeding and
20 grazing, equine, fish, and other aquacultural products, bees and
21 bee products, berries, herbs, fruits, vegetables, flowers, seeds,
22 grasses, nursery stock, mushrooms, fertilizer, livestock bedding,
23 farming equipment, and fuel for agricultural use. The term does
24 not include trees or lumber.
25 (b) "Emergency public utility work" means work performed to
26 restore public utility service or to eliminate a danger to the
27 public due to a natural disaster, an act of God, or an emergency
1 situation, whether or not a public official has declared an
2 emergency.
3 (c) "Public utility" means a public utility under the
4 jurisdiction of the public service commission or a transmission
5 company.
6 (d) "Public utility vehicle" means a vehicle owned or
7 operated by a public utility or operated by a subcontractor on
8 behalf of a public utility.
9 (e) "Transmission company" means either an affiliated
10 transmission company or an independent transmission company as
11 those terms are defined in section 2 of the electric transmission
12 line certification act, 1995 PA 30, MCL 460.562.
13 Sec. 801. (1) The secretary of state shall collect the
14 following taxes at the time of registering a vehicle, which shall
15 exempt the vehicle from all other state and local taxation,
16 except the fees and taxes provided by law to be paid by certain
17 carriers operating motor vehicles and trailers under the motor
18 carrier act, 1933 PA 254, MCL 475.1 to 479.43; the taxes imposed
19 by the motor carrier fuel tax act, 1980 PA 119, MCL 207.211 to
20 207.234; and except as otherwise provided by this act:
21 (a) For a motor vehicle, including a motor home, except as
22 otherwise provided, and a pickup truck or van that weighs not
23 more than 8,000 pounds, except as otherwise provided, according
24 to the following schedule of empty weights:
|
25 |
Empty weights Tax |
|
26 |
0 to 3,000 pounds..................................$ 29.00 |
|
1 |
3,001 to 3,500 pounds.............................. 32.00 |
|
2 |
3,501 to 4,000 pounds.............................. 37.00 |
|
3 |
4,001 to 4,500 pounds.............................. 43.00 |
|
4 |
4,501 to 5,000 pounds.............................. 47.00 |
|
5 |
5,001 to 5,500 pounds.............................. 52.00 |
|
6 |
5,501 to 6,000 pounds.............................. 57.00 |
|
7 |
6,001 to 6,500 pounds.............................. 62.00 |
|
8 |
6,501 to 7,000 pounds.............................. 67.00 |
|
9 |
7,001 to 7,500 pounds.............................. 71.00 |
|
10 |
7,501 to 8,000 pounds.............................. 77.00 |
|
11 |
8,001 to 8,500 pounds.............................. 81.00 |
|
12 |
8,501 to 9,000 pounds.............................. 86.00 |
|
13 |
9,001 to 9,500 pounds.............................. 91.00 |
|
14 |
9,501 to 10,000 pounds............................. 95.00 |
|
15 |
over 10,000 pounds.....................$ 0.90 per 100 pounds |
|
16 |
of empty weight |
17 On October 1, 1983, and October 1, 1984, the tax assessed
18 under this subdivision shall be annually revised for the
19 registrations expiring on the appropriate October 1 or after that
20 date by multiplying the tax assessed in the preceding fiscal year
21 times the personal income of Michigan for the preceding calendar
22 year divided by the personal income of Michigan for the calendar
23 year that preceded that calendar year. In performing the
24 calculations under this subdivision, the secretary of state shall
25 use the spring preliminary report of the United States department
26 of commerce or its successor agency. A van that is owned by an
27 individual who uses a wheelchair or by an individual who
28 transports a member of his or her household who uses a wheelchair
1 and for which registration plates are issued under section 803d
2 shall be assessed at the rate of 50% of the tax provided for in
3 this subdivision.
4 (b) For a trailer coach attached to a motor vehicle, the tax
5 shall be assessed as provided in subdivision (l). A trailer coach
6 not under 1959 PA 243, MCL 125.1035 to 125.1043, and while
7 located on land otherwise assessable as real property under the
8 general property tax act, 1893 PA 206, MCL 211.1 to 211.155, if
9 the trailer coach is used as a place of habitation, and whether
10 or not permanently affixed to the soil, is not exempt from real
11 property taxes.
12 (c) For a road tractor, modified agriculture vehicle, truck,
13 or truck tractor owned by a farmer and used exclusively in
14 connection with a farming operation, including a farmer hauling
15 livestock or farm equipment for other farmers for remuneration in
16 kind or in labor, but not for money, or used for the
17 transportation of the farmer and the farmer's family, and not
18 used for hire, 74 cents per 100 pounds of empty weight of the
19 road tractor, truck, or truck tractor. If the road tractor,
20 modified agriculture vehicle, truck, or truck tractor owned by a
21 farmer is also used for a nonfarming operation, the farmer is
22 subject to the highest registration tax applicable to the nonfarm
23 use of the vehicle but is not subject to more than 1 tax rate
24 under this act.
25 (d) For a road tractor, truck, or truck tractor owned by a
26 wood harvester and used exclusively in connection with the wood
27 harvesting operations or a truck used exclusively to haul milk
1 from the farm to the first point of delivery, 74 cents per 100
2 pounds of empty weight of the road tractor, truck, or truck
3 tractor. A registration secured by payment of the tax prescribed
4 in this subdivision continues in full force and effect until the
5 regular expiration date of the registration. As used in this
6 subdivision:
7 (i) "Wood harvester" includes the person or persons hauling
8 and transporting raw materials in the form produced at the
9 harvest site or hauling and transporting wood harvesting
10 equipment. Wood harvester does not include a person or persons
11 whose primary activity is tree-trimming or landscaping.
12 (ii) "Wood harvesting equipment" includes all of the
13 following:
14 (A) A vehicle that directly harvests logs or timber,
15 including, but not limited to, a processor or a feller buncher.
16 (B) A vehicle that directly processes harvested logs or
17 timber, including, but not limited to, a slasher, delimber,
18 processor, chipper, or saw table.
19 (C) A vehicle that directly processes harvested logs or
20 timber, including, but not limited to, a forwarder, grapple
21 skidder, or cable skidder.
22 (D) A vehicle that directly loads harvested logs or timber,
23 including, but not limited to, a knuckle-boom loader, front-end
24 loader, or forklift.
25 (E) A bulldozer or road grader being transported to a wood
26 harvesting site specifically for the purpose of building or
27 maintaining harvest site roads.
1 (iii) "Wood harvesting operations" does not include the
2 transportation of processed lumber, Christmas trees, or processed
3 firewood for a profit making venture.
4 (e) For a hearse or ambulance used exclusively by a licensed
5 funeral director in the general conduct of the licensee's funeral
6 business, including a hearse or ambulance whose owner is engaged
7 in the business of leasing or renting the hearse or ambulance to
8 others, $1.17 per 100 pounds of the empty weight of the hearse or
9 ambulance.
10 (f) For a vehicle owned and operated by this state, a state
11 institution, a municipality, a privately incorporated, nonprofit
12 volunteer fire department, or a nonpublic, nonprofit college or
13 university, $5.00 per plate. A registration plate issued under
14 this subdivision expires on June 30 of the year in which new
15 registration plates are reissued for all vehicles by the
16 secretary of state.
17 (g) For a bus including a station wagon, carryall, or
18 similarly constructed vehicle owned and operated by a nonprofit
19 parents' transportation corporation used for school purposes,
20 parochial school or society, church Sunday school, or any other
21 grammar school, or by a nonprofit youth organization or nonprofit
22 rehabilitation facility; or a motor vehicle owned and operated by
23 a senior citizen center, $10.00, if the bus, station wagon,
24 carryall, or similarly constructed vehicle or motor vehicle is
25 designated by proper signs showing the organization operating the
26 vehicle.
27 (h) For a vehicle owned by a nonprofit organization and used
1 to transport equipment for providing dialysis treatment to
2 children at camp; for a vehicle owned by the civil air patrol, as
3 organized under 36 USC 40301 to 40307, $10.00 per plate, if the
4 vehicle is designated by a proper sign showing the civil air
5 patrol's name; for a vehicle owned and operated by a nonprofit
6 veterans center; for a vehicle owned and operated by a nonprofit
7 recycling center or a federally recognized nonprofit conservation
8 organization; for a motor vehicle having a truck chassis and a
9 locomotive or ship's body that is owned by a nonprofit veterans
10 organization and used exclusively in parades and civic events; or
11 for an emergency support vehicle used exclusively for emergencies
12 and owned and operated by a federally recognized nonprofit
13 charitable organization, $10.00 per plate.
14 (i) For each truck owned and operated free of charge by a
15 bona fide ecclesiastical or charitable corporation, or red cross,
16 girl scout, or boy scout organization, 65 cents per 100 pounds of
17 the empty weight of the truck.
18 (j) For each truck, weighing 8,000 pounds or less, and not
19 used to tow a vehicle, for each privately owned truck used to tow
20 a trailer for recreational purposes only and not involved in a
21 profit making venture, and for each vehicle designed and used to
22 tow a mobile home or a trailer coach, except as provided in
23 subdivision (b), $38.00 or an amount computed according to the
24 following schedule of empty weights, whichever is greater:
|
25 |
Empty weights Per 100 pounds |
|
26 |
0 to 2,500 pounds.............................. $ 1.40 |
|
27 |
2,501 to 4,000 pounds.......................... 1.76 |
|
1 |
4,001 to 6,000 pounds.......................... 2.20 |
|
2 |
6,001 to 8,000 pounds.......................... 2.72 |
|
3 |
8,001 to 10,000 pounds......................... 3.25 |
|
4 |
10,001 to 15,000 pounds........................ 3.77 |
|
5 |
15,001 pounds and over......................... 4.39 |
6 If the tax required under subdivision (p) for a vehicle of
7 the same model year with the same list price as the vehicle for
8 which registration is sought under this subdivision is more than
9 the tax provided under the preceding provisions of this
10 subdivision for an identical vehicle, the tax required under this
11 subdivision is not less than the tax required under subdivision
12 (p) for a vehicle of the same model year with the same list
13 price.
14 (k) For each truck weighing 8,000 pounds or less towing a
15 trailer or any other combination of vehicles and for each truck
16 weighing 8,001 pounds or more, road tractor or truck tractor,
17 except as provided in subdivision (j) according to the following
18 schedule of elected gross weights:
|
19 |
Elected gross weight Tax |
|
20 |
0 to 24,000 pounds.............................. $ 491.00 |
|
21 |
24,001 to 26,000 pounds......................... 558.00 |
|
22 |
26,001 to 28,000 pounds......................... 558.00 |
|
23 |
28,001 to 32,000 pounds......................... 649.00 |
|
24 |
32,001 to 36,000 pounds......................... 744.00 |
|
25 |
36,001 to 42,000 pounds......................... 874.00 |
|
26 |
42,001 to 48,000 pounds......................... 1,005.00 |
|
27 |
48,001 to 54,000 pounds......................... 1,135.00 |
|
1 |
54,001 to 60,000 pounds......................... 1,268.00 |
|
2 |
60,001 to 66,000 pounds......................... 1,398.00 |
|
3 |
66,001 to 72,000 pounds......................... 1,529.00 |
|
4 |
72,001 to 80,000 pounds......................... 1,660.00 |
|
5 |
80,001 to 90,000 pounds......................... 1,793.00 |
|
6 |
90,001 to 100,000 pounds........................ 2,002.00 |
|
7 |
100,001 to 115,000 pounds....................... 2,223.00 |
|
8 |
115,001 to 130,000 pounds....................... 2,448.00 |
|
9 |
130,001 to 145,000 pounds....................... 2,670.00 |
|
10 |
145,001 to 160,000 pounds....................... 2,894.00 |
|
11 |
over 160,000 pounds............................. 3,117.00 |
12 For each commercial vehicle registered under this
13 subdivision, $15.00 shall be deposited in a truck safety fund to
14 be expended for the purposes prescribed in section 25 of 1951 PA
15 51, MCL 247.675.
16 If a truck or road tractor without trailer is leased from an
17 individual owner-operator, the lessee, whether a person, firm, or
18 corporation, shall pay to the owner-operator 60% of the tax
19 prescribed in this subdivision for the truck tractor or road
20 tractor at the rate of 1/12 for each month of the lease or
21 arrangement in addition to the compensation the owner-operator is
22 entitled to for the rental of his or her equipment.
23 (l) For each pole trailer, semitrailer, trailer coach, or
24 trailer, the tax shall be assessed according to the following
25 schedule of empty weights:
|
26 |
Empty weights Tax |
|
27 |
0 to 2,499 pounds................................ $ 75.00 |
|
1 |
2,500 to 9,999 pounds............................ 200.00 |
|
2 |
10,000 pounds and over........................... 300.00 |
3 The registration plate issued under this subdivision expires
4 only when the secretary of state reissues a new registration
5 plate for all trailers. Beginning October 1, 2005, if the
6 secretary of state reissues a new registration plate for all
7 trailers, a person who has once paid the tax as increased by 2003
8 PA 152 for a vehicle under this subdivision is not required to
9 pay the tax for that vehicle a second time, but is required to
10 pay only the cost of the reissued plate at the rate provided in
11 section 804(2) for a standard plate. A registration plate issued
12 under this subdivision is nontransferable.
13 (m) For each commercial vehicle used for the transportation
14 of passengers for hire except for a vehicle for which a payment
15 is made under 1960 PA 2, MCL 257.971 to 257.972, according to the
16 following schedule of empty weights:
|
17 |
Empty weights Per 100 pounds |
|
18 |
0 to 4,000 pounds.............................. $ 1.76 |
|
19 |
4,001 to 6,000 pounds.......................... 2.20 |
|
20 |
6,001 to 10,000 pounds......................... 2.72 |
|
21 |
10,001 pounds and over......................... 3.25 |
|
22 |
(n) For each motorcycle........................ $ 23.00 |
23 On October 1, 1983, and October 1, 1984, the tax assessed
24 under this subdivision shall be annually revised for the
25 registrations expiring on the appropriate October 1 or after that
26 date by multiplying the tax assessed in the preceding fiscal year
1 times the personal income of Michigan for the preceding calendar
2 year divided by the personal income of Michigan for the calendar
3 year that preceded that calendar year. In performing the
4 calculations under this subdivision, the secretary of state shall
5 use the spring preliminary report of the United States department
6 of commerce or its successor agency.
7 Beginning January 1, 1984, the registration tax for each
8 motorcycle is increased by $3.00. The $3.00 increase is not part
9 of the tax assessed under this subdivision for the purpose of the
10 annual October 1 revisions but is in addition to the tax assessed
11 as a result of the annual October 1 revisions. Beginning January
12 1, 1984, $3.00 of each motorcycle fee shall be placed in a
13 motorcycle safety fund in the state treasury and shall be used
14 only for funding the motorcycle safety education program as
15 provided for under sections 312b and 811a.
16 (o) For each truck weighing 8,001 pounds or more, road
17 tractor, or truck tractor used exclusively as a moving van or
18 part of a moving van in transporting household furniture and
19 household effects or the equipment or those engaged in conducting
20 carnivals, at the rate of 80% of the schedule of elected gross
21 weights in subdivision (k) as modified by the operation of that
22 subdivision.
23 (p) After September 30, 1983, each motor vehicle of the 1984
24 or a subsequent model year as shown on the application required
25 under section 217 that has not been previously subject to the tax
26 rates of this section and that is of the motor vehicle category
27 otherwise subject to the tax schedule described in subdivision
1 (a), and each low-speed vehicle according to the following
2 schedule based upon registration periods of 12 months:
3 (i) Except as otherwise provided in this subdivision, for the
4 first registration that is not a transfer registration under
5 section 809 and for the first registration after a transfer
6 registration under section 809, according to the following
7 schedule based on the vehicle's list price:
|
8 |
List Price Tax |
|
9 |
$ 0 - $ 6,000.00................................ $ 30.00 |
|
10 |
More than $ 6,000.00 - $ 7,000.00............... $ 33.00 |
|
11 |
More than $ 7,000.00 - $ 8,000.00............... $ 38.00 |
|
12 |
More than $ 8,000.00 - $ 9,000.00............... $ 43.00 |
|
13 |
More than $ 9,000.00 - $ 10,000.00.............. $ 48.00 |
|
14 |
More than $ 10,000.00 - $ 11,000.00............. $ 53.00 |
|
15 |
More than $ 11,000.00 - $ 12,000.00............. $ 58.00 |
|
16 |
More than $ 12,000.00 - $ 13,000.00............. $ 63.00 |
|
17 |
More than $ 13,000.00 - $ 14,000.00............. $ 68.00 |
|
18 |
More than $ 14,000.00 - $ 15,000.00............. $ 73.00 |
|
19 |
More than $ 15,000.00 - $ 16,000.00............. $ 78.00 |
|
20 |
More than $ 16,000.00 - $ 17,000.00............. $ 83.00 |
|
21 |
More than $ 17,000.00 - $ 18,000.00............. $ 88.00 |
|
22 |
More than $ 18,000.00 - $ 19,000.00............. $ 93.00 |
|
23 |
More than $ 19,000.00 - $ 20,000.00............. $ 98.00 |
|
24 |
More than $ 20,000.00 - $ 21,000.00............. $ 103.00 |
|
25 |
More than $ 21,000.00 - $ 22,000.00............. $ 108.00 |
|
26 |
More than $ 22,000.00 - $ 23,000.00............. $ 113.00 |
|
27 |
More than $ 23,000.00 - $ 24,000.00............. $ 118.00 |
|
28 |
More than $ 24,000.00 - $ 25,000.00............. $ 123.00 |
|
29 |
More than $ 25,000.00 - $ 26,000.00............. $ 128.00 |
|
1 |
More than $ 26,000.00 - $ 27,000.00............. $ 133.00 |
|
2 |
More than $ 27,000.00 - $ 28,000.00............. $ 138.00 |
|
3 |
More than $ 28,000.00 - $ 29,000.00............. $ 143.00 |
|
4 |
More than $ 29,000.00 - $ 30,000.00............. $ 148.00 |
5 More than $30,000.00, the tax of $148.00 is increased by
6 $5.00 for each $1,000.00 increment or fraction of a $1,000.00
7 increment over $30,000.00. If a current tax increases or
8 decreases as a result of 1998 PA 384, only a vehicle purchased or
9 transferred after January 1, 1999 shall be assessed the increased
10 or decreased tax.
11 (ii) For the second registration, 90% of the tax assessed
12 under subparagraph (i).
13 (iii) For the third registration, 90% of the tax assessed
14 under subparagraph (ii).
15 (iv) For the fourth and subsequent registrations, 90% of the
16 tax assessed under subparagraph (iii).
17 For a vehicle of the 1984 or a subsequent model year that
18 has been previously registered by a person other than the person
19 applying for registration or for a vehicle of the 1984 or a
20 subsequent model year that has been previously registered in
21 another state or country and is registered for the first time in
22 this state, the tax under this subdivision shall be determined by
23 subtracting the model year of the vehicle from the calendar year
24 for which the registration is sought. If the result is zero or a
25 negative figure, the first registration tax shall be paid. If the
26 result is 1, 2, or 3 or more, then, respectively, the second,
27 third, or subsequent registration tax shall be paid. A van that
1 is owned by an individual who uses a wheelchair or by an
2 individual who transports a member of his or her household who
3 uses a wheelchair and for which registration plates are issued
4 under section 803d shall be assessed at the rate of 50% of the
5 tax provided for in this subdivision.
6 (q) For a wrecker, $200.00.
7 (r) When the secretary of state computes a tax under this
8 section, a computation that does not result in a whole dollar
9 figure shall be rounded to the next lower whole dollar when the
10 computation results in a figure ending in 50 cents or less and
11 shall be rounded to the next higher whole dollar when the
12 computation results in a figure ending in 51 cents or more,
13 unless specific taxes are specified, and the secretary of state
14 may accept the manufacturer's shipping weight of the vehicle
15 fully equipped for the use for which the registration application
16 is made. If the weight is not correctly stated or is not
17 satisfactory, the secretary of state shall determine the actual
18 weight. Each application for registration of a vehicle under
19 subdivisions (j) and (m) shall have attached to the application a
20 scale weight receipt of the vehicle fully equipped as of the time
21 the application is made. The scale weight receipt is not
22 necessary if there is presented with the application a
23 registration receipt of the previous year that shows on its face
24 the weight of the motor vehicle as registered with the secretary
25 of state and that is accompanied by a statement of the applicant
26 that there has not been a structural change in the motor vehicle
27 that has increased the weight and that the previous registered
1 weight is the true weight.
2 (2) A manufacturer is not exempted under this act from
3 paying ad valorem taxes on vehicles in stock or bond, except on
4 the specified number of motor vehicles registered. A dealer is
5 exempt from paying ad valorem taxes on vehicles in stock or bond.
6 (3) Until October 1, 2011, the tax for a vehicle with an
7 empty weight over 10,000 pounds imposed under subsection (1)(a)
8 and the taxes imposed under subsection (1)(c), (d), (e), (f),
9 (i), (j), (m), (o), and (p) are each increased as follows:
10 (a) A regulatory fee of $2.25 that shall be credited to the
11 traffic law enforcement and safety fund created in section 819a
12 and used to regulate highway safety.
13 (b) A fee of $5.75 that shall be credited to the
14 transportation administration collection fund created in section
15 810b.
16 (4) If a tax required to be paid under this section is not
17 received by the secretary of state on or before the expiration
18 date of the registration plate, the secretary of state shall
19 collect a late fee of $10.00 for each registration renewed after
20 the expiration date. An application for a renewal of a
21 registration using the regular mail and postmarked before the
22 expiration date of that registration shall not be assessed a late
23 fee. The late fee collected under this subsection shall be
24 deposited into the general fund.
25 (5) As used in this section:
26 (a) "Gross proceeds" means that term as defined in section 1
27 of the general sales tax act, 1933 PA 167, MCL 205.51, and
1 includes the value of the motor vehicle used as part payment of
2 the purchase price as that value is agreed to by the parties to
3 the sale, as evidenced by the signed agreement executed under
4 section 251.
5 (b) "List price" means the manufacturer's suggested base
6 list price as published by the secretary of state, or the
7 manufacturer's suggested retail price as shown on the label
8 required to be affixed to the vehicle under 15 USC 1232, if the
9 secretary of state has not at the time of the sale of the vehicle
10 published a manufacturer's suggested retail price for that
11 vehicle, or the purchase price of the vehicle if the
12 manufacturer's suggested base list price is unavailable from the
13 sources described in this subdivision.
14 (c) "Purchase price" means the gross proceeds received by
15 the seller in consideration of the sale of the motor vehicle
16 being registered.