SB-0448, As Passed Senate, October 20, 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 448

 

 

April 21, 2009, Introduced by Senators McMANUS, KUIPERS, VAN WOERKOM and KAHN and referred to the Committee on Transportation.

 

 

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 722 (MCL 257.722), as amended by 2008 PA 579.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 722. (1) The maximum axle load shall not exceed the

 

 2  number of pounds designated in the following provisions that

 

 3  prescribe the distance between axles:

 

 4        (a) If the axle spacing is 9 feet or more between axles, the

 

 5  maximum axle load shall not exceed 18,000 pounds for vehicles

 

 6  equipped with high pressure pneumatic or balloon tires.

 

 7        (b) If the axle spacing is less than 9 feet between 2 axles

 

 8  but more than 3-1/2 feet, the maximum axle load shall not exceed

 

 9  13,000 pounds for high pressure pneumatic or balloon tires.

 


 1        (c) If the axles are spaced less than 3-1/2 feet apart, the

 

 2  maximum axle load shall not exceed 9,000 pounds per axle.

 

 3        (d) Subdivisions (a), (b), and (c) shall be known as the

 

 4  normal loading maximum.

 

 5        (2) When normal loading is in effect, the state

 

 6  transportation department, or a local authority with respect to

 

 7  highways under its jurisdiction, may designate certain highways,

 

 8  or sections of those highways, where bridges and road surfaces

 

 9  are adequate for heavier loading, and revise a designation as

 

10  needed, on which the maximum tandem axle assembly loading shall

 

11  not exceed 16,000 pounds for any axle of the assembly, if there

 

12  is no other axle within 9 feet of any axle of the assembly.

 

13        (3) On a legal combination of vehicles, only 1 tandem axle

 

14  assembly shall be is permitted on the designated highways at the

 

15  gross permissible weight of 16,000 pounds per axle, if there is

 

16  no other axle within 9 feet of any axle of the assembly, and if

 

17  no other tandem axle assembly in the combination of vehicles

 

18  exceeds a gross weight of 13,000 pounds per axle. On a

 

19  combination of truck tractor and semitrailer having not more than

 

20  5 axles, 2 consecutive tandem axle assemblies shall be are

 

21  permitted on the designated highways at a gross permissible

 

22  weight of 16,000 pounds per axle, if there is no other axle

 

23  within 9 feet of any axle of the assembly.

 

24        (4) Notwithstanding subsection (3), on a combination of

 

25  truck tractor and semitrailer having not more than 5 axles, 2

 

26  consecutive sets of tandem axles may carry a gross permissible

 

27  weight of not to exceed more than 17,000 pounds on any axle of

 


 1  the tandem axles if there is no other axle within 9 feet of any

 

 2  axle of the tandem axles and if the first and last axles of the

 

 3  consecutive sets of tandem axles are not less than 36 feet apart

 

 4  and the gross vehicle weight does not exceed 80,000 pounds to

 

 5  pick up and deliver agricultural commodities between the national

 

 6  truck network or special designated highways and any other

 

 7  highway. This subsection is not subject to the maximum axle loads

 

 8  of subsections (1), (2), and (3). For purposes of this

 

 9  subsection, a "tandem axle" means 2 axles spaced more than 40

 

10  inches but not more than 96 inches apart or 2 axles spaced more

 

11  than 3-1/2 feet but less than 9 feet apart. This subsection does

 

12  not apply during that period when reduced maximum loads are in

 

13  effect pursuant to subsection (8).

 

14        (5) The exception to the loading maximums and gross vehicle

 

15  weight requirements of subsection (12) as reduced under

 

16  subsection (8) for a person hauling agricultural commodities

 

17  applies apply only if the person who picks up or delivers the

 

18  agricultural commodity either from a farm or to a farm notifies

 

19  the county road commission for roads under its authority not less

 

20  than 48 hours before the pickup or delivery of the time and

 

21  location of the pickup or delivery. The county road commission

 

22  shall issue a permit to the person and charge a fee that does not

 

23  exceed the administrative costs incurred. The permit shall

 

24  contain all of the following:

 

25        (a) The designated route or routes of travel for the load.

 

26        (b) The date and time period requested by the person who

 

27  picks up or delivers the agricultural commodities during which

 


 1  the load may be delivered or picked up.

 

 2        (c) A maximum speed limit of travel, if necessary.

 

 3        (d) Any other specific conditions agreed to between the

 

 4  parties.

 

 5        (6) The exception to the loading maximums and gross vehicle

 

 6  weight requirements of subsection (12) as reduced under

 

 7  subsection (8) applies apply to public utility vehicles that are

 

 8  owned or operated by public utilities under the jurisdiction of

 

 9  the Michigan public service commission, or are subcontracted by

 

10  public utilities under the jurisdiction of the Michigan public

 

11  service commission to perform electrical emergency public utility

 

12  work, only under the following circumstances:

 

13        (a) For emergency public utility work on restricted roads,

 

14  as follows:

 

15        (i) If required by the county road commission, the public

 

16  utility shall notify the county road commission, as soon as

 

17  practical, of the location of the emergency public utility work

 

18  and provide a statement that the vehicles that were used to

 

19  perform the emergency utility work may have exceeded the loading

 

20  maximums and gross vehicle weight requirements of subsection (12)

 

21  under subsection (8). The notification may be made via facsimile

 

22  or electronically.

 

23        (ii) The public utility vehicle travels to and from the site

 

24  of the emergency public utility work while on a restricted road

 

25  at a speed not greater than 35 miles per hour.

 

26        (b) For nonemergency public utility work on restricted

 

27  roads, as follows:

 


 1        (i) If the county road commission requires, the public

 

 2  utility shall apply to the county road commission annually for a

 

 3  seasonal truck permit for roads under its authority before

 

 4  seasonal weight restrictions are effective. The county road

 

 5  commission shall issue a seasonal truck permit for each vehicle

 

 6  or vehicle configuration the public utility anticipates will be

 

 7  utilized for nonemergency public utility work. The county road

 

 8  commission may charge a fee for a permit that does not exceed the

 

 9  administrative costs incurred for the permit. The seasonal truck

 

10  permit shall contain all of the following:

 

11        (A) The seasonal period requested by the public utility

 

12  during which the permit is valid.

 

13        (B) A unique identification number for the vehicle and any

 

14  vehicle configuration to be covered on the seasonal truck permit

 

15  requested by the public utility.

 

16        (C) A requirement that travel on restricted roads during

 

17  weight restrictions will be minimized and only utilized when

 

18  necessary to perform work using the public utility vehicle or

 

19  vehicle configuration and that nonrestricted roads shall be used

 

20  for travel when available and for routine travel.

 

21        (ii) If the county road commission requires notification, the

 

22  county road commission shall provide a notification application

 

23  for the public utility to use when requesting access to operate

 

24  on restricted roads and the public utility shall provide

 

25  notification to the county road commission, via facsimile or

 

26  electronically, not later than 24 hours before the time of the

 

27  intended travel. Notwithstanding this subsection or an agreement

 


 1  under this subsection, if the county road commission determines

 

 2  that the condition of a particular road under its jurisdiction

 

 3  makes it unusable, the county road commission may deny access to

 

 4  all or any part of that road. The denial shall be made and

 

 5  communicated via facsimile or electronically to the public

 

 6  utility within 24 hours after receiving notification that the

 

 7  public utility intends to perform nonemergency work that requires

 

 8  use of that road. Any notification that is not disapproved within

 

 9  24 hours after the notice is received by the county road

 

10  commission is considered approved. The notification application

 

11  required under this subparagraph may include all of the following

 

12  information:

 

13        (A) The address or location of the nonemergency work.

 

14        (B) The date or dates of the nonemergency work.

 

15        (C) The route to be taken to the nonemergency work site.

 

16        (D) The restricted road or roads intended to be traveled

 

17  upon to the nonemergency work site or sites.

 

18        (7) The normal size of tires shall be the rated size as

 

19  published by the manufacturers, and the maximum wheel load

 

20  permissible for any wheel shall not exceed 700 pounds per inch of

 

21  width of tire.

 

22        (8) Except as provided in this subsection and subsection

 

23  (9), during the months of March, April, and May in each year, the

 

24  maximum axle load allowable on concrete pavements or pavements

 

25  with a concrete base is reduced by 25% from the maximum axle load

 

26  as specified in this chapter, and the maximum axle loads

 

27  allowable on all other types of roads during these months are

 


 1  reduced by 35% from the maximum axle loads as specified. The

 

 2  maximum wheel load shall not exceed 525 pounds per inch of tire

 

 3  width on concrete and concrete base or 450 pounds per inch of

 

 4  tire width on all other roads during the period the seasonal road

 

 5  restrictions are in effect. This subsection does not apply to

 

 6  vehicles transporting agricultural commodities or public utility

 

 7  vehicles on a highway, road, or street under the jurisdiction of

 

 8  a local road agency. The state transportation department and each

 

 9  local authority with highways and streets under its jurisdiction

 

10  to which the seasonal restrictions prescribed under this

 

11  subsection apply shall post all of the following information on

 

12  the homepage of its website or, if a local authority does not

 

13  have a website, then on the website of a statewide road

 

14  association of which it is a member:

 

15        (a) The dates when the seasonal restrictions are in effect.

 

16        (b) The names of the highways and streets and portions of

 

17  highways and streets to which the seasonal restrictions apply.

 

18        (9) The state transportation department for roads under its

 

19  jurisdiction and a county road commission for roads under its

 

20  jurisdiction may grant exemptions from seasonal weight

 

21  restrictions for milk on specified routes when requested in

 

22  writing. Approval or denial of a request for an exemption shall

 

23  be given by written notice to the applicant within 30 days after

 

24  the date of submission of the application. If a request is

 

25  denied, the written notice shall state the reason for denial and

 

26  alternate routes for which the permit may be issued. The

 

27  applicant may appeal to the state transportation commission or

 


 1  the county road commission. These exemptions do not apply on

 

 2  county roads in counties that have negotiated agreements with

 

 3  milk haulers or haulers of other commodities during periods of

 

 4  seasonal load limits before April 14, 1993. This subsection does

 

 5  not limit the ability of these counties to continue to negotiate

 

 6  such agreements.

 

 7        (10) The state transportation department, or a local

 

 8  authority with respect to highways under its jurisdiction, may

 

 9  suspend the restrictions imposed by this section when and where

 

10  conditions of the highways or the public health, safety, and

 

11  welfare warrant suspension, and impose the restricted loading

 

12  requirements of this section on designated highways at any other

 

13  time that the conditions of the highway require.

 

14        (11) For the purpose of enforcing this act, the gross

 

15  vehicle weight of a single vehicle and load or a combination of

 

16  vehicles and loads shall be is determined by weighing individual

 

17  axles or groups of axles, and the total weight on all the axles

 

18  shall be is the gross vehicle weight. In addition, the gross axle

 

19  weight shall be is determined by weighing individual axles or by

 

20  weighing a group of axles and dividing the gross weight of the

 

21  group of axles by the number of axles in the group. For purposes

 

22  of subsection (12), the overall gross weight on a group of 2 or

 

23  more axles shall be is determined by weighing individual axles or

 

24  several axles, and the total weight of all the axles in the group

 

25  shall be is the overall gross weight of the group.

 

26        (12) The loading maximum in this subsection applies to

 

27  interstate highways, and the state transportation department, or

 


 1  a local authority with respect to highways under its

 

 2  jurisdiction, may designate a highway, or a section of a highway,

 

 3  for the operation of vehicles having a gross vehicle weight of

 

 4  not more than 80,000 pounds that are subject to the following

 

 5  load maximums:

 

 6        (a) Twenty thousand pounds on any 1 axle, including all

 

 7  enforcement tolerances.

 

 8        (b) A tandem axle weight of 34,000 pounds, including all

 

 9  enforcement tolerances.

 

10        (c) An overall gross weight on a group of 2 or more

 

11  consecutive axles equaling:

 

 

12

     W = 500  /LN + 12N + 36\

13

              \N-1          /

 

 

14        where W = overall gross weight on a group of 2 or more

 

15  consecutive axles to the nearest 500 pounds, L = distance in feet

 

16  between the extreme of a group of 2 or more consecutive axles,

 

17  and N = number of axles in the group under consideration; except

 

18  that 2 consecutive sets of tandem axles may carry a gross load of

 

19  34,000 pounds each if the first and last axles of the consecutive

 

20  sets of tandem axles are not less than 36 feet apart. The gross

 

21  vehicle weight shall not exceed 80,000 pounds including all

 

22  enforcement tolerances. Except for 5 axle truck tractor,

 

23  semitrailer combinations having 2 consecutive sets of tandem

 

24  axles, vehicles having a gross weight in excess of 80,000 pounds

 

25  or in excess of the vehicle gross weight determined by

 

26  application of the formula in this subsection are subject to the


    Senate Bill No. 448 as amended October 15, 2009

 

 1  maximum axle loads of subsections (1), (2), and (3). As used in

 

 2  this subsection, "tandem axle weight" means the total weight

 

 3  transmitted to the road by 2 or more consecutive axles, the

 

 4  centers of which may be included between parallel transverse

 

 5  vertical planes spaced more than 40 inches but not more than 96

 

 6  inches apart, extending across the full width of the vehicle.

 

 7  Except as otherwise provided in this section, vehicles

 

 8  transporting agricultural commodities shall have weight load

 

 9  maximums as set forth in this subsection.

 

10        (13) As used in this section:

 

11        (a) "Agricultural commodities" means those plants and

 

12  animals useful to human beings produced by agriculture and

 

13  includes, but is not limited to, forages and sod crops, grains

 

14  and feed crops, field crops, dairy and dairy products, poultry

 

15  and poultry products, cervidae, livestock, including breeding and

 

16  grazing, equine, fish, and other aquacultural products, bees and

 

17  bee products, berries, herbs, fruits, vegetables, flowers, seeds,

 

18  grasses, nursery stock, mushrooms, fertilizer, livestock bedding,

 

19  farming equipment, and fuel for agricultural use. The term does

 

20  not include trees or lumber.

 

21        (b) "Emergency public utility work" means work performed to

 

22  restore public utility service or to eliminate a danger to the

 

23  public due to a natural disaster, an act of God, or an emergency

 

24  situation, whether or not a public official has declared an

 

25  emergency.

 

26        (14) <<A county road commission                              

 

27                                                           


    Senate Bill No. 448 as amended October 15, 2009

 

 1              >> may grant exemptions from seasonal weight

 

 2  restrictions for septage haulers on a case-by-case basis when

 

 3  requested by electronic, telephonic, or any other means. Except

 

 4  as otherwise provided in this subsection, <<THE county road commission

 

 5                                                               

 

 6             >> shall grant or deny a request for exemption under

 

 7  this subsection within 1 day. If in requesting an exemption under

 

 8  this subsection the septage hauler indicates that the exemption

 

 9  is requested in order to respond to an emergency, <<the county

 

10  road commission                                                             

 

11             >> shall respond to the emergency request within 1

 

12  business day by electronic, telephonic, or any other means. A

 

13  denial of a request for exemption under this subsection shall be

 

14  accompanied by a statement of the reason for denial and alternate

 

15  routes for which the permit may be issued. A septage hauler whose

 

16  request for exemption under this subsection is denied may appeal

 

17  to the <<county road commission.  

 

18            >>