April 26, 2016, Introduced by Reps. Aaron Miller, Chirkun, LaFontaine, Goike, Crawford, Yanez, Cole and Kosowski and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 725 (MCL 257.725), as amended by 1998 PA 247.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 725. (1) Upon receipt of a written application and good
cause being shown, a jurisdictional authority may issue a written
special permit authorizing an applicant to operate upon or remove
from a highway maintained by that jurisdictional authority a
vehicle or combination of vehicles that are any of the following:
(a) Of a size, weight, or load exceeding the maximum specified
in this chapter.
(b) Otherwise not in conformity with this chapter.
(2) The application for a special permit shall be on a form
prescribed by the jurisdictional authority and shall specifically
describe the vehicle or vehicles and load to be operated or moved
and the particular highways upon which the special permit to
operate is requested.
(3) A jurisdictional authority may issue a special permit and
charge a fee that does not exceed the administrative costs incurred
authorizing the operation of the following upon a highway:
(a) Traction engines or tractors having movable tracks with
transverse corrugations upon the periphery of those movable tracks
on farm tractors.
(b) Other farm machinery otherwise prohibited under this
chapter.
(c) A vehicle of a size or weight otherwise prohibited under
this chapter that is hauling farm machinery to or from a farm.
(4) The state transportation department shall issue a special
permit on an annual basis to a vehicle operated by a solid waste
hauler that is party to an exclusive contract for municipal solid
waste, municipal source separated material, or municipal yard
clippings, if the solid waste hauler provides verification of the
contract and any extensions of the contract. The fee for a special
permit issued under this subsection shall not exceed $500.00 per
vehicle provided for in the contract. Fees collected under this
subsection shall be credited to the Michigan transportation fund
created in section 10 of 1951 PA 51, MCL 247.660.
(5) (4)
A special permit shall specify the
trip or trips and
date or dates for which it is valid and the jurisdictional
authority granting the special permit may restrict or prescribe
conditions of operation of a vehicle or vehicles, if necessary, to
protect the safety of the public or to ensure against undue damage
to the road foundations, surfaces, structures, or installations,
and may require a reasonable inspection fee and other security as
that jurisdictional authority determines necessary to compensate
for damages caused by the movement. A special permit may be issued
on an annual basis. Except as otherwise provided in this section,
the fee charged by the state transportation department for an
intrastate or an out-of-state vehicle for a single trip shall be
$50.00 and for multiple trips or on an annual basis shall be
$100.00. Except as otherwise provided in this section, the fee
charged by a jurisdictional authority other than the state
transportation department for an intrastate or an out-of-state
vehicle for a single trip shall be not more than $50.00 and for
multiple trips or on an annual basis shall be not more than
$100.00. Effective October 1, 1998, the fee charged by a
jurisdictional authority other than the state transportation
department for a special permit under this subsection shall be the
fee charged on September 30, 1997. The fee charged by a
jurisdictional authority other than the state transportation
department for a special permit under this subsection may be
increased above the amount charged on September 30, 1997 subject to
the maximums allowed by this subsection subject to a prior public
hearing with reasonable notice. However, the fee charged by a
jurisdictional authority other than the state transportation
department for a special permit under this subsection that is more
than $50.00 for a single trip or that is more than $100.00 for
multiple trips or on an annual basis, or both, on September 30,
1997 shall not be increased.
(6) (5)
The Except as otherwise
provided in this section, the
fee charged by the state transportation department for an
intrastate or an out-of-state vehicle or combination of vehicles
that exceed the maximum size specified in this chapter but do not
exceed the maximum weight or load specified in this chapter or are
otherwise not in conformity with this chapter shall be $15.00 for a
single trip and $30.00 for multiple trips or on an annual basis.
The fees charged under this subsection may be increased not more
than once each year based on the percentage increase in the United
States consumer price index for all urban consumers for the
immediately preceding 12-month period rounded to the nearest whole
dollar.
This subsection takes effect October 1, 1998.
(7) (6)
The fee charged by a jurisdictional
authority other
than the state transportation department for an intrastate or an
out-of-state vehicle or combination of vehicles of a size exceeding
the maximum specified in this chapter but not exceeding the maximum
weight or load specified in this chapter shall not exceed the
administrative costs incurred by that jurisdictional authority in
issuing
the permit. This subsection takes effect October 1, 1998.
(8) (7)
A special permit issued under this
section shall be
carried in the vehicle or combination of vehicles to which it
refers and shall be open to inspection by a police officer or
authorized agent of a jurisdictional authority granting the special
permit. A person shall not violate any of the terms or conditions
of the special permit.
(9) (8)
A person who violates this section
is responsible for
a civil infraction.
(10) (9)
A jurisdictional authority issuing
a special permit
to move a mobile home under this section and a person who is issued
a special permit to move a mobile home under this section are
subject to section 719a.
(11) (10)
As used in this section: ,
"jurisdictional
authority"
(a) "Jurisdictional authority" means the state transportation
department, a county road commission, or a local authority having
jurisdiction over a highway upon which a vehicle is proposed to be
moved pursuant to a permit required under this section.
(b) "Solid waste hauler" means that term as defined in section
11506 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.11506.
(c) "Source separated material" means that term as defined in
section 11506 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.11506.
(d) "Yard clippings" means that term as defined in section
11506 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.11506.