HB 4203

HOUSE BILL NO. 4203
A bill to amend 1949 PA 300,
entitled
"Michigan vehicle code,"
by amending section 722 (MCL 257.722), as amended by
2024 PA 106.
the people of the state of michigan enact:
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Sec. 722. (1) Except as otherwise provided in this section,
the maximum axle load must not exceed the number of pounds designated in the
following provisions that prescribe the distance between axles:
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(a) If the axle
spacing is 9 feet or more between axles, the maximum axle load must not exceed
18,000 pounds for vehicles equipped with high pressure pneumatic or balloon
tires.
(b) If the axle
spacing is less than 9 feet between 2 axles but more than 3-1/2 feet, the
maximum axle load must not exceed 13,000 pounds for high pressure pneumatic or
balloon tires.
(c) If the axles
are spaced less than 3-1/2 feet apart, the maximum axle load must not exceed
9,000 pounds per axle.
(d) Subdivisions
(a), (b), and (c) shall be known as the normal loading maximum.
(2) When normal
loading is in effect, the state transportation department, or a local authority
with respect to highways under its jurisdiction, may designate certain
highways, or sections of those highways, where bridges and road surfaces are
adequate for heavier loading, and revise a designation as needed, on which the
maximum tandem axle assembly loading must not exceed 16,000 pounds for any axle
of the assembly, if there is no other axle within 9 feet of any axle of the
assembly.
(3) A combination
of vehicles may operate on designated highways with not more than 1 tandem axle
assembly having a gross weight of 16,000 pounds per axle, if there is no other
axle within 9 feet of the assembly. On a combination of truck tractor and semitrailer
having not more than 5 axles, 2 consecutive tandem axle assemblies may operate
on designated highways at a gross permissible weight of 16,000 pounds per axle,
if there is no other axle within 9 feet of any axle of either assembly.
(4) Notwithstanding
subsection (3), on a combination of truck tractor and semitrailer having not
more than 5 axles, 2 consecutive sets of tandem axles may carry a gross
permissible weight of not to
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exceed
17,000 pounds on any axle of the tandem axles if there is no other axle within
9 feet of any axle of the tandem axles and if the first and last axles of the
consecutive sets of tandem axles are not less than 36 feet apart and the gross
vehicle weight does not exceed 80,000 pounds to pick up and deliver
agricultural commodities between the national truck network or special
designated highways and any other highway. This subsection is not subject to
the maximum axle loads of subsections (1), (2), and (3). For purposes of this
subsection, a "tandem axle" means 2 axles spaced more than 40 inches
but not more than 96 inches apart or 2 axles spaced more than 3-1/2 feet but
less than 9 feet apart. This subsection does not apply during that period when
reduced maximum loads are in effect under subsection (8).
(5) The seasonal
reductions described under subsection (8) to the loading maximums and gross
vehicle weight requirement of subsection (12) do not apply to a person hauling
agricultural commodities if the person who picks up or delivers the
agricultural commodity either from a farm or to a farm notifies the county road
commission for roads under its authority not less than 48 hours before the
pickup or delivery of the time and location of the pickup or delivery. The
county road commission shall issue a permit to the person and charge a fee that
does not exceed the administrative costs incurred. The permit must contain all
of the following:
(a) The designated
route or routes of travel for the load.
(b) The date and
time period requested by the person who picks up or delivers the agricultural
commodities during which the load may be delivered or picked up.
(c) A maximum speed
limit of travel, if necessary.
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(d) Any other
specific conditions agreed to between the parties.
(6) The seasonal
reductions described under subsection (8) to the loading maximums and gross
vehicle weight requirements of subsection (12) do not apply to public utility
vehicles or wreckers under the following
circumstances:
(a) For emergency
public utility work or to remove a vehicle involved in
an accident or a disabled or impounded vehicle on restricted roads, as
follows:
(i) If required by the county road
commission, the public utility, or its
subcontractor, or a wrecker company shall
notify the county road commission, as soon as practical, of the location of the
emergency public utility work or the vehicle involved
in an accident or a disabled or impounded vehicle and provide a
statement that the vehicles that were used to perform the emergency utility
work or wreckers used to remove the vehicle involved
in an accident or the disabled or impounded vehicle may have exceeded
the loading maximums and gross vehicle weight requirements of subsection (12)
as reduced under subsection (8). The notification may be made via facsimile or
electronically.
(ii) The While on a restricted road, the public utility
vehicle or wrecker travels to and from the site
of the emergency public utility work while on a
restricted road or travels to remove a vehicle
involved in an accident or a disabled or impounded vehicle at a speed
not greater than 35 miles per hour.
(b) For
nonemergency public utility work on restricted roads, as follows:
(i) If the county road commission requires,
the public utility or its subcontractor shall apply to the county road
commission
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annually
for a seasonal truck permit for roads under its authority before seasonal
weight restrictions are effective. The county road commission shall issue a
seasonal truck permit for each public utility vehicle or vehicle configuration
the public utility or subcontractor anticipates will be utilized for
nonemergency public utility work. The county road commission may charge a fee
for a seasonal truck permit that does not exceed the administrative costs
incurred for the permit. The seasonal truck permit must contain all of the
following:
(A) The seasonal
period requested by the public utility or subcontractor during which the permit
is valid.
(B) A unique
identification number for the vehicle and any vehicle configuration to be
covered on the seasonal truck permit requested by the public utility or
subcontractor.
(C) A requirement
that travel on restricted roads during weight restrictions will be minimized
and only utilized when necessary to perform public utility work using the
public utility vehicle or vehicle configuration and that nonrestricted roads
must be used for travel when available and for routine travel.
(D) A requirement
that in the case of a subcontractor the permit is only valid while the
subcontractor vehicle is being operated in the performance of public utility
work.
(E) A requirement
that a subcontractor vehicle or vehicle configuration must display signage on
the outside of the vehicle to identify the vehicle as operating on behalf of
the public utility.
(ii) If the county road commission requires
notification, the county road commission shall provide a notification
application for the public utility or its subcontractor to use when requesting
access to operate on restricted roads and the public utility or its
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subcontractor
shall provide notification to the county road commission, via facsimile or
electronically, not later than 24 hours before the time of the intended travel.
A subcontractor using a vehicle on a restricted road shall have a copy of any
notification provided to a county road commission in the subcontractor's
possession while performing the relevant nonemergency work. Notwithstanding
this subsection or an agreement under this subsection, if the county road
commission determines that the condition of a particular road under its
jurisdiction makes it unusable, the county road commission may deny access to
all or any part of that road. The denial must be made and communicated via
facsimile or electronically to the public utility or its subcontractor within
24 hours after receiving notification that the public utility or subcontractors
intends to perform nonemergency work that requires use of that road. Any
notification that is not disapproved within 24 hours after the notice is
received by the county road commission is considered approved. The notification
application required under this subparagraph may include all of the following
information:
(A) The address or
location of the nonemergency work.
(B) The date or
dates of the nonemergency work.
(C) The route to be
taken to the nonemergency work site.
(D) The restricted
road or roads intended to be traveled upon to the nonemergency work site or
sites.
(E) In the case of
a subcontractor, the utility on whose behalf the subcontractor is performing
services.
(7) The normal size
of tires must be the rated size as published by the manufacturers, and the
maximum wheel load permissible for any wheel must not exceed 700 pounds per
inch of
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width
of tire.
(8) Except as
provided in this subsection and subsection (9), during the months of March,
April, and May in each year, the maximum axle load allowable on concrete
pavements or pavements with a concrete base is reduced by 25% from the maximum
axle load as specified in this chapter, and the maximum axle loads allowable on
all other types of roads during these months are reduced by 35% from the
maximum axle loads as specified. The maximum wheel load must not exceed 525
pounds per inch of tire width on concrete and concrete base or 450 pounds per
inch of tire width on all other roads during the period the seasonal road
restrictions are in effect. Subject to subsection (5), this subsection does not
apply to vehicles transporting agricultural commodities or, subject to
subsection (6), public utility vehicles or wreckers on
a highway, road, or street under the jurisdiction of a local road agency, or a
school bus. In addition, this subsection does not apply to a vehicle delivering
propane fuel to a residence if the vehicle's propane tank is filled to not more
than 50% of its capacity and the vehicle is traveling at not more than 35 miles
per hour. The state transportation department and each local authority with
highways and streets under its jurisdiction to which the seasonal restrictions
prescribed under this subsection apply shall post all of the following
information on 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:
(a) The dates when
the seasonal restrictions are in effect.
(b) The names of
the highways and streets and portions of highways and streets to which the
seasonal restrictions apply.
(9) The state
transportation department for roads under its
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jurisdiction
and a county road commission for roads under its jurisdiction may grant
exemptions from seasonal weight restrictions for milk on specified routes when
requested in writing. Approval or denial of a request for an exemption must be
given by written notice to the applicant within 30 days after the date of
submission of the application. If a request is denied, the written notice must state
the reason for denial and alternate routes for which the permit may be issued.
The applicant may appeal to the state transportation commission or the county
road commission. These exemptions do not apply on county roads in counties that
have negotiated agreements with milk haulers or haulers of other commodities
during periods of seasonal load limits before April 14, 1993. This subsection
does not limit the ability of these counties to continue to negotiate such
agreements.
(10) The state
transportation department, or a local authority with respect to highways under
its jurisdiction, may suspend the restrictions imposed by this section when and
where conditions of the highways or the public health, safety, and welfare
warrant suspension, and impose the restricted loading requirements of this
section on designated highways at any other time that the conditions of the
highway require.
(11) For the
purpose of enforcing this act, the gross vehicle weight of a single vehicle and
load or a combination of vehicles and loads must be determined by weighing
individual axles or groups of axles, and the total weight on all the axles is
the gross vehicle weight. In addition, the gross axle weight must be determined
by weighing individual axles or by weighing a group of axles and dividing the
gross weight of the group of axles by the number of axles in the group. For
purposes of subsection (12), the
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overall
gross weight on a group of 2 or more axles must be determined by weighing
individual axles or several axles, and the total weight of all the axles in the
group is the overall gross weight of the group.
(12) The loading
maximum in this subsection applies to interstate highways, and the state
transportation department, or a local authority with respect to highways under
its jurisdiction, may designate a highway, or a section of a highway, for the
operation of vehicles having a gross vehicle weight of not more than 80,000
pounds that are subject to the following load maximums:
(a) Twenty thousand
pounds on any 1 axle, including all enforcement tolerances.
(b) A tandem axle
weight of 34,000 pounds, including all enforcement tolerances.
(c) An overall
gross weight on a group of 2 or more consecutive axles equaling:
W="500"[(LN)/(N-1)+12N+36]W=500[(LN)/(N-1)+12N+36]
where W = overall
gross weight on a group of 2 or more consecutive axles to the nearest 500
pounds, L = distance in feet between the extreme of a group of 2 or more
consecutive axles, and N = number of axles in the group under consideration;
except that 2 consecutive sets of tandem axles may carry a gross load of 34,000
pounds each if the first and last axles of the consecutive sets of tandem axles
are not less than 36 feet apart. The gross vehicle weight must not exceed
80,000 pounds including all enforcement tolerances. Except for 5 axle truck
tractor, semitrailer combinations having 2 consecutive sets of tandem axles,
vehicles having a gross weight in excess of 80,000 pounds or in excess of the
vehicle gross weight determined by application of the formula
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in
this subsection are subject to the maximum axle loads of subsections (1), (2),
and (3). As used in this subsection, "tandem axle weight" means the
total weight transmitted to the road by 2 or more consecutive axles, the
centers of which may be included between parallel transverse vertical planes
spaced more than 40 inches but not more than 96 inches apart, extending across
the full width of the vehicle. Except as otherwise provided in this section,
vehicles transporting agricultural commodities have the weight load maximums
under this subsection.
(13) The axle
loading maximums under subsections (1), (2), (3), and (4) are increased by 10%
for vehicles transporting agricultural commodities or raw timber, excluding
farm equipment and fuel, from the place of harvest or farm storage to the first
point of delivery on a road in this state. However, the axle loading maximums
as increased under this subsection do not alter the gross vehicle weight
restrictions under this act. This subsection does not apply to either of the
following:
(a) A vehicle
utilizing an interstate highway.
(b) A vehicle
utilizing a road that is subject to seasonal weight restrictions under
subsection (8) during the time that the seasonal weight restrictions are in
effect.
(14)
Notwithstanding any other provision of this section, a vehicle or combination
of vehicles that have a gross weight of 82,000 pounds or less and that is
operated by an engine that is fueled wholly or partially by compressed or
liquefied natural gas may exceed the axle loading maximums under subsections
(1), (2), (3), and (4) and the weight load maximums under subsection (12) by an
amount equal to the difference between the weight of the vehicle attributable
to the natural gas tank and fueling system carried by
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that
vehicle and the weight of a comparable diesel tank and fueling system. A
vehicle or combination of vehicles described in this subsection may exceed the
axle loading maximums under subsections (1), (2), (3), and (4) and the weight
load maximums under subsection (12) by a total of not more than 2,000 pounds
for all axles of the truck, truck tractor, or power unit.
(15)
Notwithstanding any other provision of this section, a vehicle or combination
of vehicles that have a gross weight of 82,000 pounds or less and that are
powered wholly or partially by electric batteries may exceed the axle loading
maximums under subsections (1), (2), (3), and (4) and the weight load maximums
under subsection (12) by a total of not more than 2,000 pounds for all axles of
the truck, truck tractor, or power unit.
(16) As used in
this section:
(a)
"Agricultural commodities" means those plants and animals useful to
human beings produced by agriculture and includes, but is not limited to,
forages and sod crops, grains and feed crops, field crops, dairy and dairy
products, poultry and poultry products, cervidae, livestock, including breeding
and grazing, equine, fish, and other aquacultural products, bees and bee
products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery
stock, mushrooms, fertilizer, livestock bedding, farming equipment, fuel for
agricultural use, and maple sap. Agricultural commodities do not include trees
or lumber.
(b) "Emergency
public utility work" means work performed to restore public utility
service or to eliminate a danger to the public due to a natural disaster, an
act of God, or an emergency situation, whether or not a public official has
declared an emergency.
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(c) "Farm
storage" means any of the following:
(i) An edifice, silo, tank, bin, crib, interstice,
or protected enclosed structure, or more than 1 edifice, silo, tank, bin, crib,
interstice, or protected enclosed structure located contiguous to each other.
(ii) An open environment used for the purpose
of temporarily storing a crop.
(d) "Public
utility" means a public utility under the jurisdiction of the public
service commission or a transmission company.
(e) "Public
utility vehicle" means a vehicle owned or operated by a public utility or
operated by a subcontractor on behalf of a public utility.
(f)
"Transmission company" means either an affiliated transmission
company or an independent transmission company as those terms are defined in
section 2 of the electric transmission line certification act, 1995 PA 30, MCL
460.562.