A.
A City of Roseville police officer or a duly authorized
agent of the State Transportation Department or a County Road Commission 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 State Transportation Department for the
purpose of allowing an officer or agent of the State Transportation Department
or County Road Commission to determine whether the conveyance is loaded in
conformity with this chapter.
B.
When the officer or agent, upon weighing a vehicle and
load, determines that the weight is unlawful, the officer or agent 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 load weight of the vehicle to the limit permitted under this chapter.
All material unloaded as provided under this section 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 section which
are to be 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, inform the Judge or Magistrate
in writing of the place of safekeeping and 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 cost will be paid. The officer or agent 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 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
trial on the merits is completed under conditions set forth in this article
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 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 90 days after the seizure, the Judge or Magistrate
shall certify the unpaid judgment to the City Attorney of the City in which
the violation occurred, who shall proceed to enforce the lien by foreclosure
sale in accordance with procedure authorized in the case of chattel mortgage
foreclosures. When the duly authorized agent of the State Transportation Department
or County Road Commission is performing duties under this chapter, the agent
shall have all of the powers conferred upon peace officers by the general
laws of this state.
A.
An owner of a vehicle or 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 violates Article VIII is responsible for a civil infraction and shall pay a civil fine in an amount equal to:
(1)
Three cents per pound for each pound of excess load over
1,000 pounds when the excess is 2,000 pounds or less.
(2)
Six cents per pound of excess load when the excess is
over 2,000 pounds but not over 3,000 pounds.
(3)
Nine cents per pound for each pound of excess load when
the excess is over 3,000 pounds but not over 4,000 pounds.
(4)
Twelve cents per pound for each pound of excess load
when the excess is over 4,000 pounds but not over 5,000 pounds.
(5)
Fifteen cents per pound for each pound of excess load
when the excess is over 5,000 pounds but not over 10,000 pounds.
(6)
Twenty cents per pound for each pound of excess load
when the excess is over 10,000 pounds.
B.
However, the court shall have discretionary power as
to the amount of the civil fine within the schedule provided by this section
and may impose the civil fine provided in MCL § 257.907(3) for a
civil infraction where at the time of the violation, either the motor vehicle,
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.
A driver or owner 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.
An agent or authorized representative of the State Transportation Department
or a County Road Commission shall not stop a truck or vehicle in movement
upon the road or highway within the state for any purpose, unless the agent
or authorized representative is driving a duly marked vehicle, clearly showing
and denoting the branch of government represented.
A driver or owner of a vehicle who knowingly fails to stop when requested
or ordered to do so by a police officer or a duly authorized agent of the
State Transportation Department or a representative or agent of a County Road
Commission, 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.
