HOUSE BILL No. 5825


     May 5, 1998, Introduced by Reps. London, Galloway, Jellema, Crissman, Birkholz, Bodem, Baade, Brackenridge, Voorhees, Curtis and Middleton and referred to the Committee on Transportation.


        A bill to amend 1949 PA 300, entitled

   "Michigan vehicle code,"

   by amending section 716 (MCL 257.716), as amended by 1980 PA

   311.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 716.  (1) Unless specifically declared to be a civil

 2    infraction, it is a misdemeanor for a person to drive or move or

 3    for the owner to cause or permit to be driven or moved on a high-

 4    way a vehicle or vehicles of a size or weight exceeding the limi-

 5    tations stated in this chapter or otherwise in violation of this

 6    chapter.  , and the  THE maximum size and weight specified in

 7    this chapter shall be lawful throughout this state.  , and local

 8     authorities  A LOCAL AUTHORITY shall not alter those size and

 9    weight limitations except as express authority is granted in this

10    chapter.


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 1         (2) The provisions of this chapter governing size, weight,

 2    and load shall not apply to a fire apparatus,  or  to an imple-

 3    ment of husbandry incidentally moved upon a highway, or to a

 4    vehicle operated under the terms of a special permit issued as

 5    provided in this chapter.

 6         (3) The state transportation department  , pursuant to Act

 7     No. 306 of the Public Acts of 1969, as amended,  may promulgate

 8    rules PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969

 9    PA 306, MCL 24.201 TO 24.328, permitting and regulating the oper-

10    ation of a vehicle or vehicles of a size or weight  which

11     exceeds  THAT EXCEED the size or weight limitations in this

12    chapter.  The rules may restrict or proscribe the conditions of

13    operation of a vehicle or vehicles of a size or weight  which

14     exceeds  THAT EXCEED the size or weight limitations in this chap-

15    ter, if the restriction or proscription is necessary to protect

16    the public safety or to prevent undue damage to a road foundation

17    or surface, a structure, or an installation.  The rules may pro-

18    vide for a reasonable inspection fee for an inspection of a vehi-

19    cle or vehicles to determine whether their sizes and weights are

20    in conformance with this act, and may require other security nec-

21    essary to compensate for damage caused by the vehicle or vehicles

22    described in this subsection.

23         (4) A GARBAGE OR REFUSE HAULER THAT EXCEEDS THE WEIGHT LIMI-

24    TATIONS IN THIS CHAPTER MAY BE OPERATED UPON A HIGHWAY OVER WHICH

25    A LOCAL AUTHORITY HAS JURISDICTION IF THE LOCAL AUTHORITY ADOPTS

26    AN ORDINANCE OR RESOLUTION ALLOWING SUCH MOVEMENT AND ISSUES A

27    PERMIT ALLOWING SUCH MOVEMENT AS PROVIDED BY SECTION 725.



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