HB-4781, As Passed House, April 23, 2009
SUBSTITUTE FOR
HOUSE BILL NO. 4781
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 216 and 719a (MCL 257.216 and 257.719a),
section 216 as amended by 2008 PA 539 and section 719a as amended
by 1996 PA 136, and by adding sections 38a, 49a, and 74a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 38a. "Park model trailer" means a vehicle that meets all
of the following:
(a) Is built on a single chassis, mounted on wheels, and
designed to be towed by a motor vehicle from time to time.
(b) Depending on its size, may require a special highway
movement permit under section 719a to be towed on a street or
highway.
(c) Is designed to provide recreational, seasonal, or
temporary living quarters.
(d) When used as recreational, seasonal, or temporary living
quarters, may be connected to utilities necessary for the operation
of installed fixtures and appliances.
(e) Is not a mobile home as that term is defined in section 2
of the mobile home commission act, 1987 PA 96, MCL 125.2302.
Sec. 49a. "Recreational vehicle" means a new or used vehicle
that has its own motive power or is towed by a motor vehicle; is
primarily designed to provide temporary living quarters for
recreational, camping, travel, or seasonal use; complies with all
applicable federal vehicle regulations; and does not require a
special highway movement permit under section 719a to be operated
or towed on a street or highway. The term includes, but is not
limited to, a motor home, travel trailer, park model trailer that
does not require a special highway movement permit under section
719a, or pickup camper.
Sec. 74a. (1) "Travel trailer" means a trailer coach, fifth
wheel trailer, camping trailer, or other vehicle that is designed
to be towed by a motor vehicle; is designed to provide temporary
living quarters for recreational, camping, or travel use; and does
not require a special highway movement permit under section 719a to
be towed on a street or highway.
(2) As used in this section:
(a) "Camping trailer" means a trailer coach constructed with
collapsible side walls that fold for towing and unfold to provide
temporary living quarters for recreational, camping, or travel use.
(b) "Fifth wheel trailer" means a trailer coach designed to be
towed by a motor vehicle using a towing mechanism that is mounted
above or forward of the tow vehicle's rear axle.
Sec.
216. Every motor vehicle, pickup camper, trailer coach
recreational vehicle, trailer, semitrailer, and pole trailer, when
driven
or moved upon on a street
or highway, is subject to the
registration and certificate of title provisions of this act except
the following:
(a)
A vehicle driven or moved upon on
a street or highway in
conformance with the provisions of this act relating to
manufacturers, transporters, dealers, or nonresidents.
(b)
A vehicle that is driven or moved upon on a street or
highway only for the purpose of crossing that street or highway
from 1 property to another.
(c) An implement of husbandry.
(d)
Special mobile equipment. for which the The secretary of
state may issue a special registration to an individual,
partnership, corporation, or association not licensed as a dealer
that
pays the required fee, to identify the
special mobile
equipment
when being moved over the streets and highways upon
payment
of the required fee that is
driven or moved on a street or
highway.
(e) A vehicle that is propelled exclusively by electric power
obtained
from overhead trolley wires though not operated upon on
rails.
(f) Any vehicle subject to registration, but owned by the
government of the United States.
(g)
A certificate of title need not be obtained is not
required
for a trailer, semitrailer, or pole
trailer weighing that
weighs less than 2,500 pounds.
(h)
A vehicle driven or moved upon the on a street or highway,
by the most direct route, only for the purpose of securing a scale
weight
receipt from a weighmaster as is required in for purposes of
section
801 , or for
obtaining a vehicle inspection by a law
enforcement
agency before titling or registration
, and then only
by
the most direct route of that
vehicle.
(i)
A certificate of title need not be obtained is not
required for a vehicle owned by a manufacturer or dealer and held
for
sale or lease, even though incidentally moved on the a street
or highway or used for purposes of testing or demonstration.
(j)
A bus or a school bus
, as defined in section 4b or 57,
that is not self-propelled and is used exclusively as a
construction shanty.
(k)
A certificate of title need not be obtained is not
required for a moped.
(l) For 3 days immediately following the date of a properly
assigned title or signed lease agreement from any person other than
a
vehicle dealer, a registration need not be obtained is not
required
for a vehicle driven or moved upon
the on a street or
highway
for the sole purpose of transporting the vehicle in by the
most direct route from the place of purchase or lease to a place of
storage if the driver has in his or her possession the assigned
title showing the date of sale or a lease agreement showing the
date of the lease.
(m)
A certificate of registration need not be obtained is not
required
for a pickup camper, but a certificate
of title shall be
obtained
is required.
(n)
A new motor vehicle driven or moved upon the on a street
or highway only for the purpose of moving the vehicle from an
accident site to a storage location if the vehicle was being
transported on a railroad car or semitrailer that was involved in a
disabling accident.
(o) A boat lift used for transporting vessels between a marina
or a body of water and a place of inland storage.
Sec. 719a. (1) Notwithstanding any other provisions of this
act,
a person shall not operate on the highways of this state a
towing vehicle to which a mobile home or park model trailer is
attached , on a street or highway if that mobile home or park model
trailer is more than 45 feet in length or more than 60 feet in
length when combined with the towing vehicle, is more than 12-1/2
feet in height, and has an actual body width of more than 102
inches at base rail, unless that person possesses either of the
following:
(a)
A permit issued by the jurisdictional authority pursuant
to
under this section.
(b) A special permit issued by the jurisdictional authority
pursuant
to under section 725.
(2)
The A jurisdictional authority may issue to a mobile home
or park model trailer transport company, a mobile home or park
model trailer manufacturer, or a mobile home or park model trailer
dealer
an annual permit to move over a on
a street or highway, in
the ordinary course of that company's, manufacturer's, or dealer's
business, a mobile home or park model trailer that conforms to each
of the following:
(a) The mobile home or park model trailer is not more than 12
feet wide.
(b) The actual body length of the mobile home or park model
trailer is not more than 80 feet and the combined length of the
mobile home or park model trailer and towing vehicle is not more
than 105 feet or the total length of a combination of mobile homes
or park model trailers is not more than 80 feet and the total
length of a combination of mobile homes or park model trailers and
towing vehicle is not more than 105 feet.
(3)
A jurisdictional authority may, in accordance with under
section
725 , may
issue a special permit for the movement
of a
mobile
home over or park model
trailer on a street or highway
within its jurisdiction if the width of that mobile home or park
model trailer conforms to both of the following:
(a) The mobile home or park model trailer is not more than 16
feet wide plus normal appurtenances or eaves that extend not more
than 6 inches from any side of the mobile home or park model
trailer.
(b) The length of the mobile home or park model trailer
complies with subsection (2)(b).
(4) A person operating a towing vehicle under subsection (3)
shall transport a mobile home or park model trailer only on the
lane farthest to the right of that person. A person shall not move
a mobile home or park model trailer that is 14 or more feet in
width including an eave of 2 feet when the wind velocity exceeds 25
miles per hour.
(5) A jurisdictional authority shall not issue a permit
described in subsection (2) or (3) for the transport of a mobile
home or park model trailer on a Saturday, Sunday, legal holiday,
from the noon before until the noon after a holiday, or during the
hours between sunset and sunrise.
(6) A jurisdictional authority shall provide and a person
operating a towing vehicle shall comply with all of the following
in a permit issued under this section:
(a) The date, day, and time period during which a mobile home
or park model trailer subject to the permit may be moved on a
highway.
(b) Notice that the permit is conditioned upon its holder's
compliance with the permit's terms and with the law.
(c) Notice that the operator of a towing vehicle transporting
the mobile home or park model trailer shall operate the towing
vehicle on a highway as follows:
(i) At a safe speed and in a safe manner that will not impede
motor traffic.
(ii) Only when the surface condition of the highway is not
slippery.
(iii) In accordance compliance with seasonal load restrictions.
(d) For a mobile home or park model trailer and towing vehicle
that, when combined, are more than 80 feet in length or more than
12 feet wide, all of the following:
(i) Notice that the mobile home or park model trailer shall be
equipped with 2 flashing amber lights on the rear of the mobile
home or park model trailer and 1 flashing amber light on the top of
the towing vehicle.
(ii) Notice that the mobile home or park model trailer shall be
equipped with stop lights and directional lights on the rear of the
mobile home or park model trailer.
(iii) Notice that signs with the words "oversize load" shall be
displayed on the front bumper of the towing vehicle and the back of
the mobile home or park model trailer or, in the case of mobile
homes or park model trailers that are 16 feet wide, notice that
signs with the words "16-ft wide load" shall be displayed on the
front bumper of the towing vehicle and the back of the mobile home
or park model trailer.
(iv) Notice that the signs identified in subparagraph (iii) shall
be of durable material, in good condition, with black lettering on
interstate yellow background, and that each letter shall be of
block lettering not less than 12 inches high at the front and not
less than 16 inches high at the rear of the unit.
(v) Notice that a vehicle escort is required on those roads
where the state police consider escort vehicles necessary for
highway safety.
(7) Signs and other special identification for escort vehicles
shall conform to state transportation department requirements for
all escort vehicles for oversized loads.
(8) For a mobile home or park model trailer being moved
pursuant to this section or section 725, the distance between
mobile home or park model trailer axle centers shall not be less
than 34 inches. The axles and tires shall meet standards
established by the state transportation department.
(9) This section does not grant or give authority to the state
transportation department that did not exist on May 1, 1982, in
accordance
with section 127 of title 23 of the United States Code,
23
U.S.C. 127 23 USC 127.
(10)
A person who that violates this section is responsible
for a civil infraction and may be assessed a civil fine of not more
than $500.00. The owner of the towing vehicle may be charged with a
violation of this section.
(11) The state transportation commission may order the state
transportation department to immediately cease issuing all special
permits to move on the highways of the lower peninsula of this
state a mobile home or park model trailer that is more than 14-1/3
feet wide plus normal appurtenances that extend no more than 6
inches, and an eave that extends no more than 2 feet from the width
of
that mobile home upon a or
park model trailer if the state
transportation commission makes a determination that those permits
create an unreasonable safety hazard or hazards. The state
transportation commission shall notify all other jurisdictional
authorities
of the a determination made under this subsection. The
order shall not prohibit the issuance of a special permit for the
movement of a mobile home or park model trailer if a binding
contract for the movement of that mobile home or park model trailer
was executed before the commission determination of an unreasonable
safety hazard or hazards.
(12) As used in this section:
(a) "Jurisdictional authority" means the state transportation
department,
a county road commission, or a local authority having
that
has jurisdiction over a street or highway upon on which a
mobile home is proposed to be moved.
(b) "Mobile home" means any of the following:
(i) A prebuilt housing module.
(ii) That term as defined in section 2 of the mobile home
commission
act, Act No. 96 of the Public Acts of 1987, being
section
125.2302 of the Michigan Compiled Laws 1987 PA 96, MCL
125.2302.
(iii) A section of a mobile home as that term is defined in
subparagraph (ii).
Enacting section 1. This amendatory act takes effect December
1, 2009.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 363 of the 95th Legislature is enacted into
law.