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.