HB-5945, As Passed House, December 6, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5945

 

 

May 8, 2018, Introduced by Reps. Lasinski, Elder, Sneller, Dianda, Chirkun, Brinks, Graves, Lilly, Victory, Howell, Frederick, Pagel, Brann, Peterson, Yaroch, Roberts, Theis, VanderWall, VanSingel, Sabo, Albert, Calley, Phelps and Zemke and referred to the Committee on Transportation and Infrastructure.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 726 (MCL 257.726), as amended by 2008 PA 539.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 726. (1) Local Subject to subsection (4), local

 

authorities and county road commissions with respect to highways

 

under their jurisdiction, except state trunk line highways, by

 

ordinance or resolution, may do any of the following:

 

     (a) Prohibit the operation of trucks or other commercial

 

vehicles on designated highways or streets.

 

     (b) Impose limitations as to the weight of trucks or other

 

commercial vehicles on designated highways or streets.

 


     (c) Provide that only certain highways or streets may be used

 

by trucks or other commercial vehicles.

 

     (2) Any prohibitions, limitations, or truck route designations

 

established under subsection (1) shall be designated by appropriate

 

signs placed on the highways or streets. The design and placement

 

of the signs shall be consistent with the requirements of section

 

608.

 

     (3) If a township has established any a prohibition or

 

limitation under subsection (1) on any county primary road that an

 

adjoining township determines diverts traffic onto a border highway

 

or street shared by the township and the adjoining township, the

 

adjoining township may submit a written objection to the county

 

road commission having jurisdiction over the county primary road,

 

along with a copy to the township that established the prohibition

 

or limitation, on or before the later of March 1, 2009, or 60 days

 

after the township approves the prohibition or limitation. The

 

written objection shall explain how the prohibition or limitation

 

diverts traffic onto the border highway or street shared by the

 

township and the adjoining township. The county road commission

 

shall then investigate the objection. The township and adjoining

 

township shall cooperate with that investigation and negotiate in

 

good faith to resolve the objection. If the objection is not

 

resolved within 60 days after the township receives the copy of the

 

written objection, the county road commission has the authority to,

 

and shall , either approve or void the prohibition or limitation

 

that is the subject of the objection within 60 days thereafter,

 

which after the 60-day period described in this subsection, and the


decision shall be final. For purposes of As used in this

 

subsection, "county primary road" means a highway or street

 

designated as a county primary road pursuant to under 1951 PA 51,

 

MCL 247.671 to 247.675.

 

     (4) An ordinance or resolution described in subsection (1)(a)

 

does not apply to a vehicle that is used to transport agricultural

 

products, farm machinery, farm supplies, or a combination of these

 

items, to or from a farm or as necessary for agricultural

 

production.

 

     (5) (4) A person who violates a prohibition, limitation, or

 

truck route designation established pursuant to under subsection

 

(1) is responsible for a civil infraction.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.