(a) Maximum Width; Exceptions.
(1) The total outside width of a vehicle or the load on a vehicle shall not exceed ninety-six inches, except as otherwise provided in this subsection.
(2) A person may operate or move an implement of husbandry of any width on a highway as required for normal farming operations without obtaining a special permit for an excessively wide vehicle or load under subsection (k) hereof. The operation or movement of the implement of husbandry shall be in a manner so as to minimize the interruption of traffic flow. A person shall not operate or move an implement of husbandry to the left of the center of the roadway from a half hour after sunset to a half hour before sunrise, when his or her vision is obstructed, at a curve, upon a hill or at any time that visibility is substantially diminished. A person operating or moving an implement of husbandry shall follow all traffic regulations.
(3) The total outside width of the load of a vehicle hauling concrete pipe, agricultural products, unprocessed logs, pulpwood or wood bolts shall not exceed 108 inches.
(4) Except as provided in paragraph (a)(2) hereof, when pneumatic tires, in substitution for the same type or other type of tires, have been or are placed upon a vehicle in operation on a highway, the maximum width from the outside of one wheel and tire to the outside of the opposite wheel and tire shall not exceed 102 inches, but the outside width of the body of the vehicle or the load on the vehicle shall not exceed ninety-six inches.
(5) The total outside width of a bus or a motor home shall not exceed 102 inches.
(6) A vehicle shall not extend beyond the centerline of a State truckline highway except when legally authorized by law.
(7) The Director of the State Transportation Department, the County Road Commission or the Chief of Police, may designate a highway as a highway on which a person may operate a vehicle or vehicle combination, the operation of which would otherwise be prohibited by this section. The outside width of the vehicle or of each vehicle in the vehicle combination shall not exceed 102 inches, including the load on the vehicle. However, the agency making that designation may require that the owner or lessee of the vehicle or of each vehicle in the vehicle combination secure a permit before the operation of the vehicle or vehicle combination is allowed. This paragraph does not restrict the issuance of a special permit for the operation of a vehicle or vehicle combination. This paragraph does not permit the operation of a vehicle or vehicle combination described in subsection (h) hereof carrying a load described in such subsection, if the operation would otherwise result in a violation of such subsection.
(8) Whoever violates this subsection is responsible for a civil infraction and shall be subject to the penalty provided in Section 422.99(b). The owner of the vehicle may also be charged with a violation of this subsection.
(b) Projecting Loads on Passenger-Type Vehicles. A passenger-type vehicle shall not be operated on a highway with a load carried on the vehicle extending beyond the line of the fenders on the left side of the vehicle or extending more than six inches beyond the line of the fenders on the right side of the vehicle. Whoever violates this subsection is responsible for a civil infraction and shall be subject to the penalty provided in Section 422.99(b).
(c) Height and Length of Vehicles; Connecting Assemblies for Combinations; Additional Safety Equipment and Requirements.
(1) Except as provided in paragraph (c)(2) hereof, a vehicle unloaded or with a load shall not exceed a height of thirteen feet, six inches. The owner of a motor vehicle which collides with a lawfully established bridge, viaduct or crossover walkway shall be liable for all damage and injury resulting from a collision caused by the height of the vehicle, whether the clearance of the bridge, viaduct or crossover walkway is posted or not.
(2) A truck, truck tractor, semitrailer or trailer manufactured on or after July 27, 1978, shall not be used to transport flammable liquids, in bulk, having a flashpoint at or below seventy degrees Fahrenheit, if the truck, truck tractor, semitrailer or trailer exceed eleven feet, eight and one-half inches, in height. However, safety equipment and those appurtenances which are required by State law, when added to a vehicle, may cause the vehicle height to exceed eleven feet, eight and one-half inches, but shall not cause the vehicle height to exceed thirteen feet, six inches. Whoever violates this paragraph is guilty of a misdemeanor and shall be subject to the penalty provided in Section 422.99(a).
(3) A vehicle, except a truck tractor, trailer or semitrailer, including load, or articulated buses operated by a local public transit system funded by Act 51 of the Public Acts of 1951, as amended (being M.C.L.A. 247.651 to 247.674), shall not exceed a total length of forty feet. The total length of a semitrailer operating in a truck tractor and semitrailer combination shall not exceed fifty-three feet, including load. All semitrailers longer than fifty feet shall have a wheelbase of 40.5 feet, plus or minus 0.5 feet, measured from the kingpin coupling to the center of the rear axles, or to the center of the tandem axle assembly if equipped with two axles. Articulated buses operated by a local public transit system funded by Act 51 of the Public Acts of 1951, as amended, may operate with a maximum length of sixty-five feet. A combination of truck tractor, semitrailer and trailer, or truck and semitrailer, or trailer, or a combination of truck tractor and two semitrailers, including load, shall not exceed a total overall length of fifty-nine feet, except as provided for on routes designated and approved by the State Transportation Department and by local authorities with respect to highways under their jurisdiction on which a person may operate a combination of a truck tractor and two semitrailers with no limit on the overall combination length, if the length of each semitrailer or trailer, including load, does not exceed twenty-eight and one-half feet. The State Transportation Department and local authorities, with respect to highways under their jurisdiction, may designate highways where the overall length of a truck and trailer or semitrailer shall not exceed sixty-five feet. A truck tractor and semitrailer combination with a semitrailer length longer than fifty feet shall not be allowed to operate with more than two axles on the semitrailer. All truck tractor and semitrailer combinations with a semitrailer length longer than fifty feet shall travel exclusively on highways designated by the appropriate road authority. The City shall have the option of prohibiting stops within its jurisdiction, unless the stop occurs along appropriately designated routes, or is necessary for emergency purposes or to reach shippers, receivers, warehouses and terminals along designated routes. A trailer or semitrailer in actual and lawful use in this State on December 1, 1982, may be operated in this State for the life of the vehicle in a combination with other vehicles in actual and lawful use in this State on December 1, 1982, if the combination was of legal length under the laws of this State on December 1, 1982, and if the combination was of legal length under the laws of this State immediately preceding January 24, 1984. In calculating the length of a trailer or semitrailer under this paragraph, the length shall be based on the cargo-carrying portion of the vehicle only, including load. A truck tractor or other motor vehicle shall not haul more than one trailer and semitrailer or more than two semitrailers in combination at any one time, except that a farm tractor may haul two wagons or trailers, or garbage and refuse haulers may, during daylight hours, haul up to four trailers for garbage and refuse collection purposes, not exceeding, in any combination, a total length of fifty-five feet at a speed of not to exceed fifteen miles per hour. In determining the length of a vehicle or a vehicle combination under this paragraph, the length shall not be considered to include safety and energy conservation devices, including, but not be limited to, impact absorbing bumpers, rear-view mirrors, turn signals, lamps, marker lamps, steps and handholds for entry and egress, flexible fender extensions, mud flaps or splash and spray suppressant devices; load induced tire bulge; refrigeration or hearing units; or air compressors. A device shall be excluded from a determination of length only if it is not designed or used for the carrying of cargo.
(4) If a combination of two semitrailers is pulled by a truck or truck tractor, a fifth wheel connecting assembly which conforms with motor carrier safety rules promulgated by the Department of State Police pursuant to the Motor Carrier Safety Act of 1963, Act 181 of the Public Acts of 1962, as amended (being M.C.L.A. 480.11 to 480.21), shall be used on each semitrailer.
(5) A train of vehicles or a vehicle operated alone shall not carry a load extending more than three feet beyond the front of the train of vehicles or vehicle.
(6) A motor vehicle, trailer or semitrailer whose frame or body extends more than thirty-six inches beyond the rear of its rear axle and is more than thirty inches above the roadway shall not be operated on the highways unless equipped with a fender or bumper on the extreme rear of the frame or body. The bumper shall extend downward from the rear of the frame or body to within thirty inches of the roadway and be of substantial construction. In addition to the requirements of paragraph (c)(7) hereof, no vehicle which is required by Federal law to have an underride guard of not more than twenty-two inches above the roadway shall be operated upon the highways of this City without such an underride guard.
(7) A truck tractor and semitrailer combination with a semitrailer length longer than fifty feet whose frame or body extends more than thirty-six inches beyond the rear of its rear axle and is more than thirty inches above the roadway shall not be operated on the highways unless equipped with an underride guard on the extreme rear of the frame or body. The underride guard shall:
A. Provide a continuous horizontal beam having a maximum ground clearance of twenty-two inches, as measured with the vehicle empty and on level ground.
B. Extend to within four inches of the lateral extremities of the trailer on both the left and right sides.
(8) A truck tractor and semitrailer combination with a semitrailer length longer than fifty feet shall not be operated on the highways of the City other than at the times specified in this Traffic Code unless equipped with all of the following lamps and reflectors, in addition to any other lamps and reflectors required under this chapter and this Traffic Code:
A. Two side-marker lamps which display an amber light, one on each side of the semitrailer, located at one-half the distance from the front to the rear of the semitrailer.
B. Two reflectors which reflect an amber light, one on each side of the semitrailer, located at one-half the distance from the front to the rear of the semitrailer.
C. Two clearance lamps, one on each side of the semitrailer, located at one-half the distance from the front to the rear and as near to the top of the semitrailer as practicable.
(9) A lamp required under paragraph (c)(8) hereof shall be lighted at the times specified in this Traffic Code and shall be visible when lighted at a distance of 500 feet from the side of the semitrailer on which it is mounted. A reflector required under paragraph (c)(8) hereof shall be visible at the times specified in this Traffic Code from all distances from fifty to 500 feet from the semitrailer when directly in front of lawful upper beams of headlamps.
(10) Notwithstanding any other provisions of this section, a person may operate a combination of truck tractor, semitrailer and trailer, or truck tractor and semitrailer or trailer, designed and used exclusively to transport assembled motor vehicles or bodies, recreational vehicles or boats, which does not exceed a total length of sixty-five feet.
The load on the combination of vehicles may extend an additional three feet beyond the front and four feet beyond the rear of the combination of vehicles. Retractable extensions used to support and secure the load that do not extend beyond the allowable overhang for the front and rear shall not be included in determining the length of a loaded vehicle or combination of vehicles.
(11) A combination of vehicles shall not have more than eleven axles.
(12) Notwithstanding any other provisions of this section, a number of motor vehicles, wholly or partially assembled, may be transported over the highways in combination, utilizing one tow bar or three saddle mounts with full mount mechanisms and utilizing the motor power of one of the vehicles in combination. The combination shall not exceed the maximum length of sixty-five feet for the transportation of assembled motor vehicles, and the vehicles in the combination shall be adequately and securely fastened together in compliance with regulations of the State and of any Federal agency having jurisdiction over their transportation. If motor vehicles are towed by means of triple saddle mounts, the towed vehicles shall have brakes acting on all wheels which are in contact with the roadway.
A combination exceeding fifty-five feet in length may be operated only on highways and routes approved and designated for that operation by the State Transportation Department and by the City with respect to highways under their jurisdiction.
(13) The total gross weight of a truck tractor, semitrailer and trailer combination, or a truck trailer and two semitrailers combination, which exceeds fifty-nine feet in length, shall not exceed a ratio of 400 pounds per engine net horsepower delivered to clutch or its equivalent specified in the SAE handbook published by the Society of Automotive Engineers, Inc. (1077), or any subsequent publication update.
(14) Except as provided in paragraph (c)(2) hereof, whoever violates this subsection is responsible for a civil infraction and shall be subject to the penalty provided in Section 422.99(b). The owner of the vehicle may also be charged with a violation of this section.
(d) Mobile Homes; Length, Width and Height.
(1) A person shall not operate a towing vehicle, having attached thereto a mobile home having a body length in excess of forty-five feet and having a combined length of over sixty feet, a realistic body width of over 100 inches at base rail, and a height of over twelve and one-half feet, on the highways. However, the City may issue permits to mobile home transport companies or to mobile home manufacturers or dealers, for the movement, in the ordinary course of their business, of mobile homes having a width of up to fourteen and one-third feet, plus normal appurtenances not to exceed six inches; of mobile homes having a realistic body length of up to eight feet and having a combined length of ninety-five feet, of combinations of prebuilt housing modules or mobile homes having a total length of not to exceed eighty feet and having a combined length of ninety-five feet, of prebuilt housing modules or mobile homes having a width of up to fourteen and one-third feet plus an eave not to exceed two feet in width; or of prebuilt housing modules or mobile homes having a width of up to sixteen feet, moved in the upper peninsula of this State, over all highways, including interstate and defense highways.
Special permits for the movement of prebuilt homes, whose width, including an eave of two feet, exceeds fourteen feet, and which are transported on interstate highways, may be issued on a single-trip basis only in accordance with subsection (k) hereof. A prebuilt housing module home whose width, including an eave of two feet, exceeds fourteen feet, shall be moved only on the lane farthest to the right of the operator of the vehicle moving the module or mobile home, and shall be moved in a manner so that the eave portion of the module or mobile home shall overhang on the shoulder of the highway on which the module or mobile home is moved. The permit shall provide the days and the times of day during which the movement shall take place, except for Saturdays, Sundays, holidays or the noon before a holiday until the noon after a holiday. The permit shall be issued only upon the condition that the permittee complies with permit requirements and limitations of law, to insure the operation of a mobile home under a permit in a manner which will not impede traffic on the highways and with safety in the movement of a mobile home, and only at a safe speed and when the pavement is not slippery. A mobile home that is fourteen or more feet in width shall not be moved when the wind velocity exceeds twenty-five miles per hour. On units exceeding eighty feet in overall combination length, or twelve feet in overall width, the permit shall provide that the mobile home be equipped with two flashing amber lights on the rear of the mobile home and one flashing amber light on the top of the towing vehicle. Signs with the words "oversize load" shall be displayed on the front bumper of the towing vehicle and the back of the mobile home. The signs shall be of durable material, in good condition, with black lettering on interstate-yellow background. Each letter shall be of block lettering not less than twelve inches high at the front and not less than sixteen inches high at the rear of the unit.
A vehicle escort shall be required on those roads where the State police consider escort vehicles necessary for highway safety. The distance between mobile home axle centers shall not be less than thirty-four inches. The axles and tires shall meet standards established by the State Transportation Department. This paragraph shall not grant or give authority to the State Transportation Department that did not exist on May 1, 1982, in accordance with Section 1 of Public Law 85-767, 23 U.S.C. 127.
(2) As used in this subsection, "mobile home" means a prebuilt housing module or a home which is designed to be transported by a motor vehicle upon a public highway and designed, equipped and used for sleeping, eating and living quarters, or is intended to be used for these purposes.
(3) Whoever violates this subsection is responsible for a civil infraction and shall be subject to the penalty provided in Section 422.99(b). The owner of the vehicle may also be charged with a violation of this subsection.
(e) Loads Leaking or Spilling on Highways; Vehicles Carrying Logs and Tubular Products.
(1) A person shall not drive or move a vehicle, except a vehicle carrying logs or tubular products, on a highway unless the vehicle is so constructed or loaded as to prevent its contents from dropping, sifting, leaking, blowing off, except for hay or straw, or otherwise escaping from the vehicle. The tailgate, faucets and taps on a vehicle shall be securely closed to prevent spillage during transportation, whether the vehicle is loaded or empty, and the vehicle shall not have any holes or cracks through which material can escape. Any highway maintenance vehicle engaged in either ice or snow removal shall be exempt from this subsection.
(2) Actual spillage of material on the highway or proof of that spillage is not necessary to prove a violation of this subsection.
(3) A vehicle carrying a load, other than logs or tubular products, which is not completely enclosed, shall meet either of the following requirements:
A. Have the load covered with firmly secured canvas or a similar type of covering.
B. Have the load securely fastened to the body or the frame of the vehicle with binders of adequate number and of adequate breaking strength to prevent the dropping off or shifting of the load.
(4) A company or individual who or which loads or unloads a vehicle or causes it to be loaded or unloaded, with knowledge that it is to be driven on a public highway, in a manner so as to cause a violation of paragraph (e)(1) hereof, shall be prima-facie liable for a violation of this subsection.
(5) A person shall not operate a motor vehicle carrying logs or tubular products on a highway unless the following conditions are met:
A. If the logs or tubular products are loaded crosswise or at right angles to the side of the vehicle, the load of logs or tubular products shall be securely fastened to the body or frame of the vehicle with not less than two binders which are secured to the frame at each end of the load and pass over the load so that the frame and binders completely encircle the load.
B. If the vehicle is a truck or trailer carrying logs which has a loading surface more than thirty-three feet in length and the logs are loaded crosswise or at right angles to the side of the vehicle, the vehicle shall be equipped with a center partition located approximately one-half the distance from the front to the rear of the loading surface of the truck or trailer.
The center partition shall be either a center-mounted hydraulic loader or a center set of stakes, and shall be pinned, bolted or otherwise securely fastened to the frame. The load shall be secured as required by paragraph (e)(5)A. hereof and, in addition, the two lengthwise tie-downs shall be attached or threaded through the center partition at a level not less than one foot below the load height.
C. If the logs or tubular products are loaded lengthwise of the vehicle, obliquely or parallel to the sides, with metal stakes and pockets, the load of logs or tubular products shall be secured as follows:
1. With two tie-downs from frame to frame for every tier.
2. So that not more than one-half the diameter of the top log or tubular product extends higher than the stake tops.
3. With two cross-chains per tier if the load extends more than five feet above the loading surface.
4. So that every ten linear feet, and any remaining fraction thereof, has not less than one tie-down from frame to frame.
D. If the logs or tubular products are loaded lengthwise of the vehicle, obliquely or parallel to the sides, with permanent metal grusseted bunks, the load of logs or tubular products shall be secured as follows:
1. With two tie-downs from frame to frame for every tier.
2. So that not more than one-half the diameter of the top log extends higher than the stake tops.
3. So that every ten linear feet, and any remaining fraction thereof, has not less than one tie-down from frame to frame.
E. The tie-downs, cross-chains, stakes and other materials used to secure loads of logs or tubular products as required under paragraphs (e)(5)A. to D. hereof shall meet the following minimum requirements:
1. Chain shall be of steel and shall be of a strength not less than five-sixteenths of an inch in diameter "transport", which is embossed with a grade 70, or not less than three-eighths of an inch in diameter "high test", which is embossed with a grade stamp representative of grade 40. Chain shall not be repaired by welding, wire or cold shuts.
2. Wire rope shall be of improved plow steel and not less than three-eighths of an inch in diameter.
3. Webbing strap shall be not less than three inches in width and shall have a minimum breaking strength of 14,000 pounds.
4. Metal stakes shall be of sufficient strength to hold and contain the load.
5. Connecting links and hooks shall be at least as strong as the tie down material used.
(6) Paragraphs (e)(4) and (5) hereof shall not apply to a person operating a vehicle to transport seasonal agricultural commodities at the time of harvest or to farmers operating their own trucks in the normal operation of the farm.
However, a person operating a vehicle to transport seasonable agricultural commodities at the time of a harvest, in the normal operation of the farm, who violates paragraphs (e)(1) or (4) hereof is guilty of a misdemeanor and shall be subject to the penalty provided in Section 422.99(a).
(7) Paragraph (e)(3)A. hereof shall not apply to a motor vehicle transporting items of a load which, because of their weight, will not fall off the moving vehicle and which have their centers of gravity located at least six inches below the top of the enclosure, nor to a motor vehicle carrying metal which, because of its weight and density, is so loaded as to prevent it from dropping or falling off the moving vehicle.
(8) Paragraph (e)(3)A. hereof shall not apply to motor vehicles and other equipment engaged in work upon the surface of a highway or street in a designated work area.
(9) Whoever violates this subsection is guilty of a misdemeanor and shall be subject to the penalty provided in Section 422.99(a).
(10) As used in this subsection:
A. "Cross-chain" means a chain which extends through the load of logs or tubular products and is connected at each end to a side stake.
B. "Logs" means sawlogs, pulpwood or tree length poles.
C. "Tie-down" means a high strength material which is used to secure the load of logs or tubular products to the frame or the bed of the vehicle.
D. "Tier" means a vehicle pile or stack of logs or tubular products.
(f) Trailers Towed by Passenger Vehicles; Attachments.
(1) A passenger vehicle shall not be driven upon a highway while drawing or having attached to such passenger vehicle more than one vehicle or trailer.
(2) The drawbar or other connection between two vehicles, one of which is towing or drawing the other on a highway, shall not exceed fifteen feet in length from one vehicle to the other. If the connection consists of a chain, rope or cable, there shall be displayed upon the connection a red flag or other signal or cloth not less twelve inches both in length and width.
(3) A vehicle or trailer drawn by a motor propelled vehicle shall be so attached to the vehicle with forms of coupling devices which will prevent the vehicle or trailer from being deflected more than six inches from the path of the towing vehicle's wheels. The vehicle or trailer shall also be connected to the towing vehicle by suitable safety chains or devices, one on each side of the coupling and at the extreme outer edge of the vehicle, and each chain or device and connection used shall be of sufficient strength to haul the trailer when loaded.
(4) Whoever violates this subsection is responsible for a civil infraction and shall be subject to the penalty provided in Section 422.99(b).
(g) Wheel and Axle Load Restrictions; Violations.
(1) The maximum axle load shall not exceed the number of pounds designated in the following provisions, which prescribe the distance between axles:
A. When the axle spacing is nine feet or more between axles, the maximum axle load shall be 18,000 pounds for vehicles equipped with high-pressure pneumatic or balloon tires.
B. When the axle spacing is less than nine feet between two axles, but more than three and one-half feet, the maximum axle load shall be 13,000 pounds for high-pressure pneumatic or balloon tires.
C. When axles are spaced less than three and one-half feet apart, the maximum axle load shall be 9,000 pounds per axle.
Paragraphs (g)(1)A., B. and C. hereof shall be known as the normal loading maximum.
(2) When normal loading is in effect, the State Transportation Department and the City, with respect to highways under their jurisdiction, may designate certain highways, or sections of those highways, where bridges and road surfaces are adequate for heavier loading, which designation may be revised as needed, on which the maximum tandem axle assembly loading shall be 16,000 pounds for any axle of the assembly, if there is no other axle within nine feet of any axle of the assembly.
(3) Except as provided in paragraph (g)(8) hereof, on a legal combination of vehicles, only one tandem axle assembly shall be permitted on the designated highways at the gross permissible weight of 16,000 pounds per axle, if there is no other axle within nine feet of any axle of the assembly, and if no other tandem axle assembly in the combination of vehicles exceeds a gross weight of 13,000 pounds per axle.
When a maximum gross weight of a combination of vehicles with load does not exceed 73,280 pounds, two tandem axle assemblies shall be permitted on the designated highways at a gross permissible weight of 16,000 pounds per axle, if there is no other axle within nine feet of any axle of the assembly.
(4) The normal size of tires shall be the rated size as published by the manufacturers, and the maximum wheel load permissible for any wheel shall be 700 pounds per inch of width of tire.
(5) During the months of March, April and May in each year, the maximum axle load allowable on concrete pavement, or pavement with a concrete base, shall be reduced by twenty-five percent from the maximum axle load as specified in this subsection, and the maximum axle loads allowable on all other types of roads during these months shall be reduced by thirty-five percent from the maximum axle loads as specified. The maximum wheel load shall be 525 pounds per inch of tire width on concrete and concrete base or 450 pounds per inch of tire width on all other roads during the period the seasonal road restrictions are in effect.
(6) The State Transportation Department, or the City, with respect to highways under their respective jurisdictions, may suspend the restrictions imposed by this subsection when and where, in their discretion, conditions of the highways or the public health, safety and welfare so warrant, and may impose the restricted loading requirements of this subsection on designated highways at any other time that the conditions of the highway may require.
(7) For the purpose of enforcement of this section, the gross vehicle weight of a single vehicle and load or a combination of vehicles and loads, shall be determined by weighing individual axles or groups of axles, and the total weight on all axles shall be the gross vehicle weight. In addition, the gross axle weight shall be determined by weighing individual axles or by weighing a group of axles and dividing the gross weight of the group of axles by the number of axles in the group. Pursuant to paragraph (g)(8) hereof, the overall gross weight on a group of two or more axles shall be determined by weighing individual axles or several axles, and the total weight of all the axles in the group shall be the overall gross weight of the group.
(8) The loading maximum provided in this subsection shall apply to interstate highways, and the State Transportation Department, or the City with respect to highways under its jurisdiction, may designate a highway for the operation of vehicles having a gross vehicle weight of not more than 80,000 pounds, which are subject to the following load maximums:
A. Twenty thousand pounds on any one axle, including all enforcement tolerances.
B. A tandem axle weight of 34,000 pounds, including all enforcement tolerances.
C. An overall gross weight on a group of two or more consecutive axles equaling:
W + 500 LN + 12N = 36 W + 500 LN + 12 + 36
N-1 N-1
where W equals the overall gross weight on a group of two or more consecutive axles to the nearest 500 pounds, L equals the distance in feet between the extreme of a group of two or more consecutive axles, and N equals the number of axles in the group under consideration, except that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the first and last axles are not less than thirty-six feet apart. The gross vehicle weight shall not exceed 80,000 pounds, including all enforcement tolerances. Except for five-axle truck tractor, semitrailer combinations having two consecutive sets of tandem axles, vehicles having a gross weight in excess of 80,000 pounds or in excess of the vehicle gross weight determined by application of the formula provided in this paragraph, shall be subject to the maximum axle loads of paragraphs (g)(1), (2) or (3) hereof. As used in this paragraph, "tandem axle weight" means the total weight transmitted to the road by two or more consecutive axles, the centers of which may be included between parallel transverse vertical planes spaced more than 409 inches, but not more than ninety-six inches, apart, extending across the full width of the vehicle.
(9) Any person who violates this subsection is responsible for a civil infraction and shall be subject to the penalty provided in Section 422.99(b).
(h) Restrictions on Transportation of Flammable Liquids; Violations; Enforcement.
(1) Notwithstanding any other provision of this subsection, a truck tractor pulling a semitrailer and trailer combination, or a truck tractor pulling two semitrailers, shall not transport, except between the hours of 12:00 midnight to 6:00 a.m. on routes and at times designated by the State Fire Safety Board, a flammable liquid, in bulk, which has a flashpoint at or below seventy degrees Fahrenheit, within a county having a population of 600,000 or more. In addition, a truck, a truck pulling a trailer, or a truck tractor pulling a semitrailer, shall not transport, except between the hours of 12:00 midnight to 6:00 a.m. on routes and at times designated by the State Fire Safety Board, a flammable liquid, in bulk, which has a flashpoint at or below seventy degrees Fahrenheit, in a quantity of more than 9,000 gallons within a county having a population of 600,000 or more. The exceptions provided by this paragraph for transport on routes designated by the State Fire Safety Board shall be construed to permit that transport only for the purpose of picking up or delivering a flammable liquid at a supply depot.
(2) Notwithstanding any other provision of this subsection, a truck, a truck pulling a trailer, a truck tractor pulling a semitrailer, a truck tractor pulling a semitrailer and trailer combination, or a truck tractor pulling two semitrailers, shall not transport a flammable liquid, in bulk, which has a flashpoint at or below seventy degrees Fahrenheit within this City, unless the truck, truck and trailer combination, truck tractor and semitrailer combination, truck tractor, semitrailer and trailer combination or truck tractor and two semitrailer combinations, meet safety standards as determined by the State Fire Safety Board.
(3) Notwithstanding any other provision of this subsection, a truck pulling a trailer, a truck tractor pulling a semitrailer and trailer combination, or a truck tractor pulling two semitrailers, shall not transport a flammable liquid, in bulk, which has a flashpoint at or below seventy degrees Fahrenheit within this City.
(4) Notwithstanding any other provision of this subsection other than paragraphs (h)(3) and (5) hereof, a truck with water capacity of more than 9,500 gallons, a truck tractor pulling a semitrailer with a water capacity of more than 9,500 gallons, a truck pulling a trailer, a truck tractor pulling a semitrailer and trailer combination, or a truck tractor pulling two semitrailers, shall not transport a flammable liquid, in bulk, which has a flashpoint at or below seventy degrees Fahrenheit in this City, unless the existing manhole or inspection ports of each truck, semitrailer or trailer in the vehicle combination have been equipped with devices which are capable of withstanding the forces caused by an internal pressure of fifty pounds per square inch, applied and held at least fifty milliseconds, and then released to two pounds per square inch, without having any residual venting of flammable liquid during the subsequent two pounds per square inch condition.
(5) Notwithstanding any other provision of this subsection, a truck or a truck tractor pulling a semitrailer, a semitrailer and trailer combination, or two semitrailers, shall not transport a flammable liquid, in bulk, which has a flashpoint at or below seventy degrees Fahrenheit in this City, if the truck or semitrailer, a semitrailer and trailer combination, or two semitrailers, were manufactured after July 1, 1982, or were manufactured before July 1, 1982, but were not vehicles registered in this State by the Secretary of State at any time between January 1, 1985, and October 1, 1985, unless the truck or semitrailer, a semitrailer and trailer combination, or two semitrailers, have a water capacity of less than 13,800 gallons.
(6) Notwithstanding any other provisions of this subsection, a truck or truck tractor pulling a semitrailer shall not transport a flammable liquid, in bulk, which has a flashpoint at or below seventy degrees Fahrenheit in a quantity of more than 13,400 gallons.
(7) Notwithstanding any other provision of this subsection, a truck or truck tractor pulling a trailer or semitrailer, a semitrailer or trailer combination, or two semitrailers, shall not transport flammable liquid, in bulk, which has a flashpoint at or below seventy degrees Fahrenheit in a quantity of more than 13,400 gallons, unless the owner of the truck, truck tractor pulling the trailer, semitrailer, combination semitrailer, or two semitrailers, files with the Department of State Police, within sixty days after the effective date of this section, a notarized statement that the truck or truck tractor pulling a trailer or semitrailer, semitrailer and trailer combination, or two semitrailers, did transport a flammable liquid, in bulk, having a flashpoint at or below seventy degrees Fahrenheit, at any time between March 1, 1985, and October 1, 1985. Attached to the notarized statement shall be one of the following:
A. A copy of the bill of lading containing the date the flammable liquid was transported and the permanent identification number of the trailer or semitrailer in which the flammable liquid was transported.
B. A copy of the daily log prepared by the driver of the vehicle transporting the flammable liquid which contains the date the flammable liquid was transported and the permanent identification number of the trailer or semitrailer in which the flammable liquid was transported.
(8) The owner or driver of a vehicle which transports a flammable liquid in violation of paragraphs (h)(1) to (7) hereof is guilty of a misdemeanor and shall be subject to the penalty provided in Section 422.99(a).
(9) Except as otherwise provided in paragraph (h)(8) hereof, a person who violates this subsection is responsible for a civil infraction and shall be subject to the penalty provided in Section 422.99(b).
(10) This subsection shall be enforced by a police officer.
(i) Information to be Painted on or Attached to Certain Vehicles.
(1) All motor trucks or truck tractors, except as provided in paragraph (i)(3) hereof, of more than 5,000 pounds registered weight, and all towing or platform bed wrecker road service vehicles in operation upon the public highways of this City, shall have the name, city and state or the registered logo or emblem of the registered owner of the vehicle, and the lessee of the vehicle if the vehicle is being operated under lease, painted or permanently attached on each side of the cab of the motor truck or truck tractor in letters of not less than three inches in height, not lower than the bottom edge of the door, except that motor trucks with closed van bodies may place the information on each side of the van body not lower than the bottom edge of the cab door. This information shall be in sharp color contrast to the background.
(2) Except for towing or platform bed wrecker road service vehicles, the identification requirements of paragraph (i)(1) hereof may be met through the use of removable devices which meet the requirements of paragraph (i)(1) hereof. These devices shall be of durable construction and securely attached to each side of the motor truck or truck tractor. The removable devices shall be attached so that the identification is in a horizontal position.
(3) This subsection shall not apply to trucks eligible for and equipped with farm license plates.
(4) A person, firm, partnership, corporation or other entity, or their lessees or receivers, who violate this section, are responsible for a civil infraction and shall be subject to the penalty provided in Section 422.99(b).
(j) Stopping of Vehicles for Weighing; Overweight Vehicles; Failure to Stop.
(1) A police officer having reason to believe that the weight of a vehicle and load is unlawful may require the driver to stop and submit to a weighing of the vehicle by either portable or stationary scales approved and sealed by the Department of Agriculture as a legal weighing device, and may require that the vehicle be driven to the nearest weighing station of the City or its designated weighing station for the purpose of allowing an officer to determine whether the conveyance is loaded in conformity with this chapter.
(2) When the officer, upon weighing a vehicle and load, determines that the weight is unlawful, the officer may require the driver to stop the vehicle in a suitable place and remain standing until that portion of the load is shifted or removed as necessary to reduce the gross axle weight of the vehicle to the limit permitted under this section. All material unloaded as provided under this paragraph shall be cared for by the owner or operator of the vehicle at the risk of the owner or operator. A judge or magistrate imposing a civil fine and costs under this subsection, which are not paid in full immediately, or for which a bond is not immediately posted in double the amount of the civil fine and costs, shall order the driver or owner to move the vehicle at the driver's own risk to a place of safekeeping within the jurisdiction of the judge or magistrate, to inform the judge or magistrate, in writing, of the place of safekeeping, and to keep the vehicle until the fine and costs are paid or sufficient bond is furnished, or until the judge or magistrate is satisfied that the fine and costs will be paid. The officer who has determined, after weighing a vehicle and load, that the weight is unlawful, may require the driver to proceed to a judge or magistrate within the City. If the judge or magistrate is satisfied that the probable civil fine and costs will be paid by the owner or lessee, the judge or magistrate may allow the driver to proceed, after the load is made legal. If the judge or magistrate is not satisfied that the owner or lessee, after a notice and a right to be heard on the merits is given, will pay the amount of the probable civil fine and costs, the judge or magistrate may order the vehicle to be impounded until a trial on the merits is completed under conditions set forth in this subsection for the impounding of vehicles after the civil fine and costs have been imposed.
Removal of the vehicle, and forwarding care or preservation of the load, shall be under the control of and at the risk of the owner or driver. Vehicles impounded shall be subject to a lien, subject to a prior valid bona fide lien of prior record, in the amount of the civil fine and costs, and if the civil fine and costs are not paid within ninety days after the seizure, the judge or magistrate shall certify the unpaid judgment to the City Attorney, who shall proceed to enforce the lien by a foreclosure sale in accordance with the procedure authorized in the case of a chattel mortgage foreclosure.
(3) An owner of a vehicle, a lessee of the vehicle of an owner-operator, or other person, who causes or allows a vehicle to be loaded and driven or moved on a highway, when the weight of that vehicle is in violation of subsection (g) hereof, is responsible for a civil infraction and shall pay a civil fine in an amount equal to three cents ($0.03) per pound for each pound of excess load over 1,000 pounds when the excess is 2,000 pounds or less; six cents ($0.06) per pound of excess load when the excess is over 2,000 pounds but not more than three thousand 3,000 pounds; nine cents ($0.09) per pound for each pound of excess load when the excess is over 3,000 pounds but not more than (4,000) pounds; twelve cents ($0.12) per pound for each pound of excess load when the excess is over 4,000 pounds but not more than 5,000 pounds; fifteen cents ($0.15) per pound for each pound of excess load when the excess is over 5,000 pounds but not more than 10,000 pounds; and twenty cents ($0.20) per pound for each pound of excess load when the excess is over 10,000 pounds. However, the court shall have discretionary power as to the amount of the civil fine within the schedule provided by this paragraph, and may impose the civil fine provided in Section 907(3) of the Michigan Motor Vehicle Act (M.C.L.A. 257.907(3)), which is hereby adopted by reference, for a civil infraction where, at the time of the violation, either the motor vehicle and semitrailer or trailer did not exceed the total weight which would be lawful for each unit by a proper distribution of the load upon the various axles supporting each unit.
(4) A driver or owner, or both, of a vehicle, truck or truck tractor, truck or truck tractor with other vehicles in combination, or special mobile equipment, who knowingly fails to stop at or who knowingly bypasses any scales or weighing station, is guilty of a misdemeanor and shall be subject to the penalty provided in Section 422.99(a).
(5) A driver or owner, or both, of a vehicle, who knowingly fails to stop when requested or ordered to do so by a police officer authorized to require the driver to stop and submit to a weighing of the vehicle and load by means of a portable scale, is guilty of a misdemeanor and shall be subject to the penalty provided in Section 422.99(a).
(k) Special Permits for Nonconforming Vehicles.
(1) The City, with respect to highways under its jurisdiction, upon application, in writing, and good cause being shown, may issue a special permit, in writing, authorizing the applicant to operate or remove a vehicle or combination of vehicles of a size, weight or load exceeding the maximum specified in this section, or otherwise not in conformity with this section, upon a highway under the jurisdiction of the City and for the maintenance of which the City is responsible.
(2) The application for a special permit shall be on a form prescribed by the City and shall specifically describe the vehicle or vehicles and load to be operated or moved and the particular highways upon which the permit to operate is required.
(3) The City, with respect to highways under its jurisdiction, may issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of those movable tracks, or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this section.
(4) A permit shall specify the trip or trips and the date or dates for which it is to be valid, and the City may restrict or prescribe conditions of operation of the vehicle or vehicles, if necessary, to protect the safety of the public or to insure against undue damage to the road foundations, structures or installations, and may require a reasonable inspection fee and other security as may be considered necessary to compensate for damage caused by the movement. A permit may be issued on an annual basis.
(5) A person may transport telephone, telegraph or electric poles, of a greater length than otherwise authorized, over the highways in the construction, maintenance or repair of telephone, telegraph or electric lines, if a permit to do so is first secured from the City.
(6) A person may transport concrete pipe, of a greater width than otherwise authorized, over highways, if a permit for each project is first secured from the City.
(7) A permit issued under this subsection shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by a police officer. A person shall not violate any of the terms or conditions of the special permit.
(8) Whoever violates this subsection is responsible for a civil infraction and shall be subject to the penalty provided in Section 422.99(b).
(l) Restriction on Use of Certain Commercial Vehicles on Highways Posted by City.
(1) The City, with respect to highways under its jurisdiction, except State truckline highways, by ordinance or resolution, may do any of the following:
A. Prohibit the operation of trucks or other commercial vehicles on designated highways or streets.
B. Impose limitations as to the weight of trucks or other commercial vehicles on designated highways or streets.
C. Provide that only certain highways or streets may be used by trucks or other commercial vehicles.
(2) Any prohibitions, limitations or truck route designations established under paragraph (l)(1) hereof shall be designated by appropriate signs placed on the highways or streets. The design and placement of the sign shall be consistent with the requirements of the Uniform Traffic Code adopted in Section 410.01.
(3) Whoever violates a prohibition, limitation or truck route designation established pursuant to paragraph (l)(1) hereof is responsible for a civil infraction and shall be subject to the penalty provided in Section 422.99(b).
(m) Jurisdiction of Police Outside of City. The City police may exercise authority and powers outside the City when they are enforcing this section on a street or highway which is on the boundary of the City, the same as if they were in the City.
(n) Powers of Police re Violations of Load or Dimensional Requirements. Any police officer having reason to believe that the weight, height or length of a vehicle or a load is in violation of any provision of this section, which violation constitutes a misdemeanor, or otherwise as provided in this section, may require the driver to stop, and the officer may investigate, weigh or measure the vehicle or the load. If, after personally investigating, weighing or measuring the vehicle or load, the officer determines that the weight, height or length of a vehicle or load is in violation of the requirements of this section, the officer may temporarily detain the driver of the vehicle for purposes of making a record of vehicle check, may make an arrest for the violation and may proceed as otherwise provided by law.
(Ord. 554. Passed 4-6-94.)