416.23 RESTRICTIONS ON TRANSPORTATION OF FLAMMABLE LIQUIDS.
   (a)   A truck tractor pulling a semitrailer and a trailer, or pulling two semitrailers, shall not transport a combustible liquid unless the vehicle combination meets the following requirements:
      (1)   Is equipped with a device that restricts the horizontal and vertical rotation of the dolly assemblage of the vehicle combination in a manner that maintains the longitudinal tracking of the dolly and semitrailer in a truck trailer, semitrailer, and trailer combination, or the dolly and truck in a truck and trailer combination. This device shall be welded to the vehicle in a workmanlike manner, and the efficiency of a weld shall not be less than eighty-five percent of the mechanical properties of the adjacent metal in the chassis.
      (2)   Is equipped with stops in the spring hangers of each semitrailer and trailer in the vehicle combination in a manner that improves the stability of the vehicle combination by reducing the free play of the leaf spring suspension to a maximum of three-quarters of an inch when the spring passes from tension to compression.
   (b)   The owner of the semitrailer or trailer to which the device described in subsection (a) hereof is attached shall keep on file in the owner's principal place of business the following information:
      (1)   Specifications and plans of the device.
      (2)   Name and manufacturer of the device.
      (3).   Date of installation of the device.
      (4)   An individual manufacturer identification number which is stamped or permanently affixed to the device.
   (c)   The information required in subsection (b) hereof shall be kept by the vehicle's owner and shall be transferred to the new owner if the vehicle is sold, or may be destroyed if the vehicle is retired from service or scrapped.
   (d)   The requirements specified in subsections (b) and (c) hereof apply to devices affixed to vehicles on or after January 8, 1996.
   (e)   Commercial motor vehicles used to transport flammable liquids, flammable gases or compressed flammable gases shall also comply with section 722a of the Michigan Vehicle Code, MCLA 257.722a, as amended, and Section 416.22 of this chapter.
      (1)   Notwithstanding any other provision of this section, 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 and 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 and 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 subsection 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 section, 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 State, 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 section, 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 State.
      (4)   Notwithstanding any other provision of this section, other than paragraphs (e)(3) and (5) hereof, a truck with a 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 the City, unless the existing manhole or inspection ports of each truck, semitrailer, or trailer in the vehicle combination has 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 section, 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 the 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 the semitrailer, a semitrailer and trailer combination, or two semitrailers have a water capacity of less than 13,800 gallons.
      (6)   Notwithstanding any other provision of this section, 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 section, a truck or truck tractor pulling a trailer or semitrailer, a semitrailer or trailer combination, or two semitrailers, 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 unless the owner of the truck or truck tractor pulling the trailer or semitrailer, combination semitrailer or trailer, or two semitrailers, files with the Department of State Police within sixty days after the effective date of the Act a notarized statement that the truck or truck tractor pulling the trailer or semitrailer, semitrailer or 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 paragraph (e)(1), (2), (3), (4), (5), (6) or (7) hereof is responsible for a civil infraction, punishable by a fine of not more than three thousand dollars ($3,000).
      (9)   Except as provided in paragraph (e)(8) hereof, a person who violates this section is responsible for a civil infraction.
      (10)   This section shall be enforced only by a police officer.
(Ord. 97-10. Passed 11-5-97.)