[HISTORY: Adopted by the Township Board of
the Township of Grosse Ile 1-23-1995 by Ord. No. 213. Amendments noted where
applicable.]
This chapter derives its authority from the
Motor Carrier Safety statute, being MCL § 480.11 et seq.,
P.A. No. 181, 1963, as amended, and is intended to facilitate enforcement,
at the local Township level, of the safety requirements for truck
drivers and trucking equipment and rigs mandated thereby and the terms
of said Act are hereby adopted and incorporated herein by reference.
As used in this chapter, the following terms
shall have the meanings indicated:
MCL § 480.11 et seq, P.A. No. 181, 1963, as amended.
Any street or roadway, and includes the entire width between
the boundary lines of every way publicly maintained when any part
thereof is open to the use of the public for purposes of vehicle travel.
A vehicle which is self-propelled or a vehicle which is propelled
by electric power obtained from overhead trolley wires, but not operated
upon rails.
A vehicle, with or without motive power, designed for carrying
property and for being drawn by a motor vehicle.
A motor vehicle designed, used, or maintained primarily for
the transportation of property.
A motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part
of the weight of the vehicle and load so drawn.
A person shall not drive, and an individual,
partnership, association, corporation, or their lessees or receivers
appointed by any court shall not employ, engage, hire, or contract
for hire any person to operate, drive, or maintain, any truck, truck
tractor, or trailer unless the person meets the qualifications as
set forth by the Department of State Police under the authority of
the Act.
An individual, partnership, association, corporation,
or their lessees or receivers appointed by any court shall not operate
any truck, truck tractor, or trailer or permit any person to drive
any truck or truck tractor which does not meet driver or operator
safety standards, safety standards for equipment and devices on trucks,
truck tractors, or trailers and the loading and unloading thereof
as set forth in rules promulgated by the Department of State Police.
An individual, partnership, association, corporation,
or their lessees or receivers appointed by any court shall not operate
or maintain any facility used in connection with the transportation
of property by any truck, truck tractor, or trailer which facility
does not meet safety standards for the operation and maintenance of
such facility as set forth in rules promulgated by the Department
of State Police.
Reference to those rules and regulations which
have been or are hereafter promulgated by the Michigan Department
of State Police, and are set forth in the Michigan Administrative
Code at Rule 460.16101 thereof, et seq., may be had wherever necessary
to clarify and give greater detail to the precise violation being
cited against any defendant, in a summons, complaint or citation issued
by any peace officer or Township police official, to aid in the enforcement
of the chapter and said rules and regulations are hereby adopted and
incorporated herein by reference.
A.
Except as provided in § 157-8, any driver or operator who violates this chapter or a rule promulgated under the Act, or any owner or user of any truck, truck tractor, or trailer, or any officer or agent of any individual, partnership, corporation, or association or their lessees or receivers appointed by any court which is the owner or user of any vehicle, who requires or permits the driver or operator to operate or drive any truck, truck tractor, or trailer in violation of this chapter, the Act or a rule promulgated under the Act, is guilty of a misdemeanor for each violation.
B.
A peace officer or an officer of the motor carrier
division of the Department of State Police, upon reasonable cause
to believe that a motor vehicle is being operated in violation of
this chapter, the Act or a rule promulgated pursuant to the Act, may
stop the motor vehicle and inspect the motor vehicle. If a violation
is found, the officer may issue a notice to appear for that violation.
C.
In addition to any penalty imposed under this chapter,
the Act or rules promulgated pursuant to the Act, a third or subsequent
violation within one year of the rules promulgated pursuant to the
Act with respect to hours of service and recording those hours in
a daily log may result in an audit of the driver of the vehicle by
the motor carrier division of the Department of State Police.
D.
This chapter does not apply to a unit of government
or its employees, officers, or representatives or to a motor vehicle,
truck, truck tractor, or trailer owned or operated thereby, except
as provided in § 601a of the Michigan Vehicle Code, Act
No. 300 of the Public Acts of 1949, being § 257.601a of
the Michigan Compiled Laws.
A.
A driver or operator or an owner or user of any truck,
truck tractor, or trailer, or any officer or agent of an individual,
partnership, corporation, or association or their lessees or receivers
appointed by any court that is the owner or user of any vehicle, who
requires or permits the driver or operator to commit a serious safety
defect is subject to a fine of not more than $300 for each violation.
B.
As used in this section, "serious safety defect" means
a violation of this chapter, the Act, or a rule promulgated pursuant
to the Act relative to brakes, tires, steering, coupling devices,
headlights, tail lights, brake lights, and turn signals that result
in the vehicle being placed out of service.
The provisions of this chapter are intended
to be enforced, pursuant to authority of statute being MCL § 480.18
et seq., as a violation occurring in the Township of Grosse Ile, where
the motor vehicle driver or operator was present within the Township
limits when the offense was committed.
Except as otherwise mandated by the rules and
regulations promulgated by the Michigan State Police pursuant to the
Administrative Code, a violation of the provisions of this chapter
shall be penalized by a fine sufficient to deter further or future
violation, but not to exceed the sum of $500 for each separate offense
and a jail sentence not to exceed 90 days, or a combination thereof.
A.
Unless specifically declared to be a civil infraction,
it is a misdemeanor for a person to drive, operate or move or for
the owner to cause or permit to be driven, operated or moved on a
highway a vehicle or vehicles of a size or weight exceeding the limitations
stated in this chapter or otherwise in violation of this chapter.
B.
The provisions of this chapter governing size, weight,
and load shall not apply to a fire apparatus, or to an implement of
husbandry incidentally moved upon a highway, or to a vehicle operated
under the terms of a special permit issued as provided in this chapter.
C.
The State Transportation Department, pursuant to Act
No. 306 of the Public Acts of 1969, as amended, has promulgated rules
permitting and regulating the operation of a vehicle or vehicles of
a size or weight which exceeds the size or weight limitations in this
chapter. The rules may restrict or proscribe the conditions of operation
of a vehicle or vehicles of a size or weight which exceeds the size
or weight limitations in this chapter, if the restriction or proscription
is necessary to protect the public safety or to prevent undue damage
to a road foundation or surface, a structure, or an installation.
The rules may provide for a reasonable inspection fee for an inspection
of a vehicle or vehicles to determine whether their sizes and weights
are in conformance with Act No. 306 of Public Acts of 1969, and may
require other security necessary to compensate for damage caused by
the vehicle or vehicles described in this subsection. Those rules
are hereby adopted and are incorporated herein by reference.
A.
The total outside width of a vehicle or the load on
a vehicle shall not exceed 96 inches, except as otherwise provided
in this section.
B.
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 § 157-22. 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 1/2 hour after sunset to 1/2 hour before sunrise, under the conditions specified in § 157-22, or at any time visibility is substantially diminished due to weather conditions. A person operating or moving an implement of husbandry shall follow all traffic regulations.
C.
The total outside width of the load of a vehicle hauling
concrete pipe, agricultural products, or unprocessed logs, pulpwood,
or wood bolts shall not exceed 108 inches.
D.
Except as provided in Subsection B, if a vehicle which is equipped with pneumatic tires is operated 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, and the outside width of the body of the vehicle or the load on the vehicle shall not exceed 96 inches.
E.
The total outside width of a bus shall not exceed
102 inches.
G.
The Director of the State Transportation Department, a county road commission, or the Township may designate a highway under the agency's jurisdiction as a highway on which a person may operate a vehicle or vehicle combination which is not more than 102 inches in width, including load, the operation of which would otherwise be prohibited by this section. The agency making the designation may require that the owner or lessee of the vehicle or of each vehicle in the vehicle combination secure a permit before operating the vehicle or vehicle combination. This section does not restrict the issuance of a special permit under § 157-22.
H.
A person who violates this section is responsible
for a civil infraction. The owner of the vehicle may be charged with
a violation of this section.
A.
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 nor extending
more than six inches beyond the line of the fenders on the right side
of the vehicle.
B.
A person who violates this section is responsible
for a civil infraction.
A.
Height; collision with bridge or viaduct, liability for damages. Except as provided in Subsection B, a vehicle unloaded or with load shall not exceed a height of 13 feet six inches. The owner of a vehicle which collides with a lawfully established bridge or viaduct 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 or viaduct is posted or not.
B.
Height of vehicle transporting flammable liquids.
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 70° F., if the truck,
truck tractor, semitrailer, or trailer exceeds 11 feet 8 1/2
inches in height. However, safety equipment and those appurtenances
which are required by state law or Township ordinance, when added
to a vehicle, may cause the vehicle height to exceed 11 feet 8 1/2
inches, but shall not cause the vehicle height to exceed 13 feet six
inches. A person who violates this subsection is guilty of a misdemeanor.
C.
Length of combinations; exceptions. A vehicle, except
a truck tractor, trailer, or semitrailer, including load, or articulated
buses operated by a local public transit system funded by Act No.
51 of the Public Acts of 1951, being §§ 247.651 to
247.675 of the Michigan Compiled Laws, shall not exceed a total length
of 40 feet. The total length of a semitrailer operating in a truck
tractor and semitrailer combination shall not exceed 53 feet, including
load. All semitrailers longer than 50 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 No. 51 of the Public Acts
of 1951 may operate with a maximum length of 65 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 59 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, semitrailer, and trailer or 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 28 1/2 feet or the overall length of the semitrailer
and trailer or two semitrailers as measured from the front of the
first towed unit to the rear of the second towed unit while the units
are coupled together does not exceed an overall length of 58 feet,
including load. The State Transportation Department, county and the
Township with respect to highways under their jurisdiction may designate
highways where the overall length of a truck and trailer or semitrailer
shall not exceed 65 feet. A truck tractor and semitrailer combination
with a semitrailer length longer than 50 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 50 feet shall travel exclusively on highways designated by the
appropriate road authority. Township authorities shall have the option
of prohibiting stops within their jurisdictions unless the stop occurs
along appropriate designated routes, or is necessary for emergency
purposes or to reach shippers, receivers, warehouses, and terminals
along designated routes. A truck tractor shall not haul more than
one trailer and one 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 55 feet at a speed
of not to exceed 15 miles per hour. In determining the length of a
vehicle or a vehicle combination under this subsection, the length
shall not be considered to include safety and energy conservation
devices including, but not limited to, impact absorbing bumpers, rear
view mirrors, turn signals, lamps, marker lamps, steps and hand holds
for entry and egress, flexible fender extensions, mud flaps, or splash
and spray suppressant devices; load induced tire bulge; refrigeration
or heating 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. Semitrailers and trailers shall be measured from
the front vertical plane of the foremost transverse load supporting
structure to the rearmost transverse load supporting structure.
D.
Combination of two semitrailers; fifth wheel. If a
combination of two semitrailers is pulled by a 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 No. 181 of the Public Acts of
1963, as amended, being §§ 480.11 to 480.21 of the
Michigan Compiled Laws, shall be used on each semitrailer.
E.
Vehicle not to carry load extending more than three
feet beyond front. 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.
F.
Rear bumpers on certain vehicles; underride guards. A motor vehicle, trailer, or semitrailer whose frame or body extends more than 36 inches beyond the rear of its rear axle and is more than 30 inches above the highway shall not be operated on the highways of this Township unless equipped with a fender or bumper on the extreme rear of the frame or body to within 30 inches of the roadway and be of substantial construction. In addition to the requirements of Subsection G, no vehicle which is required by federal law to have an underride guard of not more than 22 inches above the roadway shall be operated upon the highways of this Township without such an underride guard.
G.
Semitrailer length exceeding 50 feet; underride guard.
A truck tractor and semitrailer combination with a semitrailer length
longer than 50 feet whose frame or body extends more than 36 inches
beyond the rear of its rear axle and is more than 30 inches above
the highway shall not be operated on the highways of this Township
unless equipped with an underride guard on the extreme rear of the
frame or body. The underride guard shall meet all of the following
requirements:
H.
Semitrailer length exceeding 50 feet; lamps and reflectors. A truck tractor and semitrailer combination with a semitrailer length longer than 50 feet shall not be operated on the highways of this Township at the times specified in § 157-12B unless equipped with all of the following lamps and reflectors, in addition to any other lamps and reflectors required under this chapter:
(1)
Two side marker lamps which display an amber light,
one on each side of the semitrailer, located at 1/2 the distance from
the front to the rear of the semitrailer.
(2)
Two reflectors which reflect an amber light, one on
each side of the semitrailer, located at 1/2 the distance from the
front to the rear of the semitrailer.
(3)
Two clearance lamps, one on each side of the semitrailer,
located at 1/2 the distance from the front to the rear and as near
to the top of the semitrailer as practicable.
I.
Visibility of lamps and reflectors. A lamp required under Subsection H shall be lighted at the times specified in P.A. 1949, No. 300, as amended, which is incorporated herein by reference, 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 Subsection H shall be visible at the times specified in P.A. 1949, No. 300, as amended, from all distances from 50 feet to 500 feet from the semitrailer when directly in front of lawful upper beams of headlamps.
J.
Combination transporting assembled motor vehicles.
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 65 feet. Stinger-steered
combinations of truck tractor and semitrailer shall not exceed a total
length of 75 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. As used
in this subsection, "stinger-steered" means a semitrailer combination
in which the fifth wheel is located on a drop frame located behind
and below the rearmost axle of the power unit.
K.
Combination of vehicles not to have in excess of 11
axles. A combination of vehicles shall not have more than 11 axles.
L.
Transportation of wholly or partially assembled motor
vehicles. Notwithstanding any other provisions of this section, a
number of motor vehicles, wholly or partially assembled, may be transported
over the highways of this Township in combination, utilizing one tow
bar or three saddle mounts with full mount mechanisms and utilizing
the motive power of one of the vehicles in combination. Its combination
shall not exceed the maximum length of 65 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 the
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 55
feet in length may be operated only on highways and routes approved
and designated for that operation by the State Transportation Department,
county and by Township authorities with respect to highways under
their jurisdiction.
M.
Transportation of saw logs, pulpwood, and tree length
poles. Notwithstanding any other provisions of this section, a person
may operate a truck and semitrailer or trailer designed and used to
transport saw logs, pulpwood, and tree length poles that does not
exceed an overall length of 70 feet including load. These combinations
of vehicles shall only be operated upon highways designated by the
State Transportation Department, County of Wayne or Township authorities
with respect to highways under their jurisdiction.
N.
Total gross weights, vehicles or combinations exceeding
59 feet. The total gross weights of a truck tractor, semitrailer,
and trailer combination or a truck tractor and two semitrailers combination
which exceed 59 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. (1971), which terms are incorporated herein by reference.
A.
Notwithstanding any other provisions of this chapter,
a person shall not operate a towing vehicle, having attached a mobile
home having a body length in excess of 45 feet and having a combined
length of over 60 feet, a realistic body width of over 100 inches
at base rail, and a height of over 12 1/2 feet on the highways
located in Grosse Ile Township. However, the Township 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 to width of 14 1/3 feet plus normal appurtenances
not to exceed six inches; of mobile homes to a realistic body length
of 80 feet and having a combined length of 95 feet; of combinations
of prebuilt housing modules or mobile homes to a width of 14 1/3
feet, plus an eave not to exceed two feet in width over all highways.
A prebuilt housing module or mobile home whose width including an
eave of two feet exceed 14 feet shall be moved only on the lane furthest
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, but not on Saturdays, Sundays, holidays,
or the 12:00 noon before until the 12:00 noon after a holiday, during
which the movement shall take place. The permit shall be issued only
upon condition that the permittee comply with permit requirements
and limitations of law, to insure the operation of a mobile home under
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 14 or
more feet in width shall not be moved when the wind velocity exceed
25 miles per hour. On units exceeding 80 feet in overall combination
length, or 12 feet in overall width, the permit shall provide that
the mobile hone 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 12 inches high at the front
and not less than 16 inches high at the rear of the unit. A vehicle
escort shall be required on those roads where the Township police
consider escort vehicles necessary for highway safety. The distance
between mobile home axle centers shall not be less than 34 inches.
The axles and tires shall meet standards established by the State
Transportation Department. This section shall not grant or give authority
to the Township that did not exist on May 1, 1982, in accordance with
Section 1 of Public Law 85-767, 23 U.S.C. § 127.
B.
As used in this section, "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.
C.
A person who violates this section is responsible
for a civil infraction. The owner of the vehicle may be charged with
a violation of this section.
A.
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, shifting, leaking, blowing off, or otherwise escaping from
the vehicle. This requirement does not apply to a vehicle transporting
agricultural or horticultural products when hay, straw, silage, or
residue from a product, but not including the product itself, or when
materials such as water used to preserve and handle agricultural or
horticultural products while in transportation, escape from the vehicle
in an amount that does not interfere with other traffic on the highway.
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 section.
B.
Actual spillage of material on the highway or proof
of that spillage is not necessary to prove a violation of this section.
C.
A vehicle carrying a load, other than logs or tubular
products, which is not completely enclosed shall meet either of the
following requirements:
(1)
Have the load covered with firmly secured canvas or
a similar type of covering. A device used to comply with the requirement
of this subsection shall not exceed a width of the 108 inches nor
by design or use have the capability to carry cargo by itself.
(2)
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.
D.
A company or individual who 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 Subsection A shall be prima facie liable for a violation of this section.
E.
A person shall not operate a motor vehicle carrying
logs or tubular products on a highway unless the following conditions
are met:
(1)
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 and binders completely encircle the load.
(2)
If the vehicle is a truck or trailer carrying logs which has a loading surface more than 33 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 1/2 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 Subsection E(1) 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.
(3)
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:
(a)
With two tie downs from frame to frame for every
tier.
(b)
So that not more than 1/2 the diameter of the
top log or tubular product extends higher than the stake tops.
(c)
With two cross chains per tier if the load extends
more than five feet above the loading surface.
(d)
So that every 10 linear feet, and any remaining
fraction thereof, has not less than one tie down from frame to frame.
(4)
If the logs or tubular products are loaded lengthwise
of the vehicle, obliquely or parallel to the sides, with permanent
metal gusseted bunks, the load of logs or tubular products shall be
secured by follows:
(5)
The tie downs, cross chains, stakes, and other materials used to secure loads of logs or tubular products as required under Subsection E(1) to (4) shall meet the following minimum requirements:
(a)
Chain shall be of steel and shall be of a strength
not less than 5/16 inch in diameter "transport," which is embossed
with a grade stamp representative of grade 70, or not less than 3/8
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.
(b)
Wire rope shall be of improved plow steel and
not less than 3/8 inch in diameter.
(c)
Webbing strap shall be not less than three inches
in width and shall have a minimum breaking strength of 14,000 pounds.
(d)
Metal stakes shall be of sufficient strength
to hold and contain the load.
(e)
Connecting links and hooks shall be at least
as strong as the tie down material used.
F.
Subsection C shall not apply to a person operating a vehicle to transport agricultural commodities in the normal operation of a farm. However, a person operating a vehicle to transport agricultural commodities in the normal operation of the farm who violates Subsection A or D is guilty of a misdemeanor and shall be subject to the penalties prescribed in Subsection I.
G.
Subsection C(1) 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.
H.
Subsection C(1) 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.
I.
A person who violates this section is guilty of a
misdemeanor punishable by a fine of not more than $500 or imprisonment
for not more than 90 days, or both.
J.
CROSS CHAIN
LOGS
TIE DOWN
TIER
As used in this section, the following terms shall
have the meanings indicated:
A chain which extends through the load of logs or tubular
products and is connected at each end to a side stake.
Sawlogs, pulpwood, or tree length poles.
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.
A vertical pile or stack of logs or tubular products.
A.
Except as otherwise provided in Subsection E, a passenger vehicle or a pickup truck shall not be driven upon a highway drawing or having attached to the passenger vehicle or pickup truck more than one vehicle or trailer.
B.
The drawbar or other connection between two vehicles,
one of which is towing or drawing the other on a highway, shall not
exceed 15 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 than 12
inches both in length and width.
C.
A vehicle or trailer towed or drawn by a vehicle shall
be attached to the vehicle with forms of coupling devices in a manner
so that when the combination is operated in a linear alignment on
a level, smooth, paved surface, the movement of the towed or drawn
vehicle or trailer does not deviate more than three inches to either
side of the path of the towing vehicle that tows or draws it. 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 or trailer and each chain
or device and connection used shall be of sufficient strength to haul
the vehicle or trailer when loaded.
D.
A pickup truck with a fifth wheel assembly shall not
tow a semitrailer unless the fifth wheel assembly conforms to motor
carrier safety rule § 460.16442 of the Michigan Administrative
Code which terms are incorporated herein by reference.
E.
Notwithstanding Subsection A, a pickup truck with a towing rating equal to, or greater than, the weight being towed, equipped with a fifth wheel 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 No. 181 of the Public Acts of 1963, being §§ 480.11 to 480.21 of the Michigan Compiled Laws, which terms are incorporated in this chapter, towing attached with a semitrailer designed for recreational living purposes may tow an additional trailer or semitrailer under the following conditions:
(1)
The additional trailer or semitrailer shall be attached pursuant to Subsection C. The safety chains described in Subsection C shall be securely attached at the extreme outer edge of the attached trailer or semitrailer with a locking mechanism. The towing vehicle hitch shall be of substantial material and shall be attached in a proper and skillful manner to the frame of the towing vehicle.
(2)
The total length of the pickup truck, semitrailer
designed for recreational living purposes, and additional trailer
or semitrailer shall not exceed 59 feet.
(3)
The gross weight of the additional trailer or semitrailer
towed or drawn shall not exceed the empty weight of the pickup truck
or the empty weight of the semitrailer.
F.
For the purposes of this section, a pickup truck towing
a semitrailer and additional trailer shall be considered a passenger
vehicle and shall comply with the speed limit requirements of § 627(5),
P.A. 1949, No. 300, as amended, which terms are incorporated herein
by reference.
G.
A person who violates this section is responsible
for a civil infraction.
A.
The maximum axle load shall not exceed the number
of pounds designated in the following provisions which prescribe the
distance between axles:
(1)
When the axle spacing is nine feet or more between
axles, the maximum axle load shall not exceed 18,000 pounds for vehicles
equipped with high-pressure pneumatic or balloon tires.
(2)
When the axle spacing is less than nine feet between
two axles but more than 3 1/2 feet, the maximum axle load shall
not exceed 13,000 pounds for high pressure pneumatic or balloon tires.
(3)
When axles are spaced less than 3 1/2 feet apart,
the maximum axle load shall not exceed 9,000 pounds per axle.
B.
When normal loading is in effect, the State Transportation
Department, County of Wayne and Township 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 not exceed 16,000 pounds
for any axle of the assembly, if there is no other axle within nine
feet of any axle of the assembly.
C.
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 the 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.
D.
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 not exceed 700 pounds per inch of width of tire.
E.
During the months of March, April and May in each
year, the maximum axle load allowable on concrete pavement, or pavements
with a concrete base, shall be reduced by 25% from the maximum axle
load as specified in this chapter, and the maximum axle loads allowable
on all other types of roads during these months shall be reduced by
35% from the maximum axle loads as specified. The maximum wheel load
shall not exceed 525 pounds per inch of tire width on all other roads
during the period the seasonal road restrictions are in effect.
F.
The State Transportation Department, County of Wayne
or Township with respect to highways under its jurisdictions, may
suspend the restrictions imposed by this section when and where, in
its discretion, conditions of the highways or the public health, safety,
and welfare so warrant, and may impose the restricted loading requirements
of this section on designated highways at any other time that the
conditions of the highway may require.
G.
For the purpose of enforcement of this Act, 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 the 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. 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.
H.
Grosse
Ile Airport Commerce Park road weight limits. All vehicles shall be
subject to the following weight limits for the roads located within
the Grosse Ile Airport Commerce Park:[1]
[Added 6-8-2009 by Ord. No. 09-02]
|
Road
|
Limits
|
Year Round Weight Limit
(pounds per axle)
| |
|---|---|---|---|
|
East Drive
|
13,000
| ||
|
Fourth
|
13,000
| ||
|
Hornet
|
13,000
| ||
|
Intrepid
|
Meridian, West to Yorktown
|
Single axle: 18,000
Tandem axle: 16,000
| |
|
Kitty Hawk
|
Intrepid North
|
13,000
| |
|
Kitty Hawk
|
Intrepid South
|
Single axle: 18,000
Tandem axle: 16,000
| |
|
Liberty
|
Ranger to Lexington
|
13,000
| |
|
Liberty
|
Ranger to Truck wells 61/62
|
Single axle: 18,000
Tandem axle: 16,000
| |
|
Midway
|
13,000
| ||
|
Ranger
|
Single axle: 18,000
Tandem axle: 16,000
| ||
|
Saratoga
|
Kitty Hawk to Ranger
|
Single axle: 18,000
Tandem axle: 16,000
| |
|
Saratoga
|
Meridian Road to Kitty Hawk
|
13,000
| |
|
Saratoga
|
Ranger to Lexington
|
13,000
| |
|
Yorktown
|
13,000
|
(1)
Notice to be posted. Notice of these weight limits shall be posted
at the entrances of all restricted roads. Such signage shall be legible,
posted in a conspicuous location, and be of weather-resistant materials.
Any Grosse Ile Airport Commerce Park road subject to a weight limit
may be posted at any time of the year that the Township Board and/or
the Airport/Commerce Park Manager deems necessary.
(2)
Additional roads. The Township Board reserves the right to add roads
temporarily to those listed above or to amend the stated weight limits
without amendment to this subsection when it is deemed necessary to
do so to prevent unreasonable damage or extraordinary municipal maintenance
expense. Such temporary changes shall be effective for 30 days.
(3)
Exemptions. The Township Board reserves the right to grant exemptions
from the above weight limits for limited times and purposes upon specific
application. Any person seeking such an exemption shall apply to the
Township Board or the Airfield/Commerce Park Manager upon such form
as the Township Board or the Airfield/Commerce Park Manager prescribes,
and such permit may be issued if, in the opinion of the Township Board
or the Airfield/Commerce Park Manager, the issuance of the permit
will not be detrimental to the preservation of the Town roads nor
detrimental to public safety. In issuing such permit, the Township
Board or the Airfield/Commerce Park Manager may attach such conditions
as it or he/she deems to be in the best interests of the public, including,
but not limited to, the establishment of bonding and restoration requirements.
(4)
Exemptions for certain vehicles. In addition to the exemption provisions
stated above, the Township Board may exempt some or all of the following
categories of vehicles from the operation of this subsection: Township
vehicles, Fire Department vehicles, emergency vehicles while going
to and from the scene of an emergency, commercial solid waste disposal
vehicles, oil or gas delivery vehicles, postal vehicles, and school
buses.
[1]
Editor's Note: A map depicting year-round weight limits at
the Grosse Ile Airport Commerce Park is included at the end of this
chapter.
A.
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 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 70° F. In addition,
a truck, a truck pulling 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
70° F., in a quantity of more than 9,000 gallons. 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.
B.
Notwithstanding any other provision of this section,
a truck, truck pulling a trailer, 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 70° F. within
this Township, unless the truck, truck and trailer 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.
C.
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 70° F. within this Township.
D.
Notwithstanding any other provision of this section other than Subsections C and E, a truck with a water capacity of more than 9,500 gallons, a truck tractor 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 70° F. in this Township, 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 50 pounds per square inch, applied and held at least 50 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.
E.
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 70° F. in
this Township, if the truck or semitrailer, a semitrailer and trailer
combination, or two semitrailers are manufactured after July 1, 1982,
or was manufactured before July 1, 1982, but was not a vehicle 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.
F.
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 70°
F. in a quantity of more than 13,400 gallons.
G.
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 70°
F. 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 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 70° F., at any time between March 1,
1985, and October 1, 1985. Attached to the notarized statement shall
be one of the following:
(1)
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.
(2)
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.
I.
This section shall be enforced only by a police officer.
A.
All motor trucks or truck tractors of more than 5,000
pounds registered weight and all towing or platform bed wrecker road
service vehicles in operation upon the highways of this Township shall
have the name, city, and state or the registered logo or emblem of
the registered owner of the vehicle, and lessee of the vehicle if
the vehicle is being operated under lease, painted or permanently
attached on each side of the cab on a 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.
B.
Except for towing or platform bed wrecker road service vehicles, the identification requirements of Subsection A may be met through the use of removable devices which meet the requirements of Subsection A. 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.
C.
This section shall not apply to trucks eligible for
and equipped with farm license plates.
D.
A person who violates this section is responsible
for a civil infraction.
A.
Submission to a weighing. A 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 or other state
agency or department as required by law, and may require that the
vehicle be driven to the nearest weighing station of the Township,
county, or other city which is providing facilities to the Township
to enforce this chapter 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.
Overweight vehicle, unloading; bond; impounding. 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 subsection
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 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, inform the judge or magistrate
in writing of the place of safekeeping, and keep the vehicle there
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 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 county. 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 trial on the merits is completed
under conditions set forth in this section 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 lessee. 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 90 days after the seizure,
the judge or magistrate shall certify the unpaid judgment to the prosecuting
attorney of the Township, 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 or Township
is performing duties under this chapter, the agent shall have all
the powers conferred upon peace officers by the general laws of this
state.
C.
Fines for excess weight; discretionary power. 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 § 157-18, is responsible for a civil infraction and shall pay a civil fine in an amount equal to $0.03 per pound for each pound of excess load over 1,000 pounds when the excess is 2,000 pounds or less; $0.06 per pound of excess load when the excess is over 2,000 pounds but not over 3,000 pounds; $0.09 per pound for each pound of excess load when the excess is over 3,000 pounds but not over 4,000 pounds; $0.12 per pound for each pound of excess load when the excess is over 4,000 pounds but not over 5,000 pounds; $0.15 per pound for each pound of excess load when the excess is over 5,000 pounds but not over 10,000 pounds; and $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 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.
D.
Bypass of scales or weighing station. 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 or fails to comply with the police officers direction
to stop is guilty of a misdemeanor.
E.
Marked vehicles of officers. A police officer, agent
or authorized representative of the State Transportation Department
or a county road commission shall not stop a truck or vehicle in movement
upon a road or highway within the Township for any purpose, unless
the agent or authorized representative is driving a duly marked vehicle,
clearly showing and denoting the branch of government represented.
F.
Failure to stop on request of authorized person. 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.
A.
The State Transportation Department with respect to
highways under its jurisdiction and the county road commissions and
the Township with respect to highways under their 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 or weight of vehicle
or load exceeding the maximum specified in this chapter or otherwise
not in conformity with this chapter upon a highway under the jurisdiction
of the authority granting the permit and for the maintenance of which
the authority is responsible.
B.
The application for a special permit shall be on a
form prescribed by the authority and shall specifically describe the
vehicle or vehicles and load to be operated or moved and the particular
highways upon which permit to operate is requested.
C.
The State Transportation Department with respect to
highways under its jurisdiction and the county road commissions and
the Township with respect to highways under their 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 on farm tractors
or other farm machinery, the operation of which upon a highway would
otherwise be prohibited under this chapter.
D.
A permit shall specify the trip or trips and date
or dates for which it is to be valid and the authority granting the
permit 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, surfaces,
structures, or installations, and may require a reasonable inspection
fee and other security as may be considered necessary to compensate
for damages caused by the movement. A permit may be issued on an annual
basis.
E.
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 is first secured from the State Transportation
Department, the county road commission, or the Township having jurisdiction
of the highways.
F.
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 State Transportation Department,
the county road commission, or Township having jurisdiction of the
highways.
G.
A 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 of the Township or authorized
agent of an authority granting the permit. A person shall not violate
any of the terms or conditions of the special permit.
H.
A person who violates this section is responsible
for a civil infraction.
A.
Township authorities and county road commissions with
respect to highways under their jurisdiction, except state trunk line
highways, may do any of the following:
(1)
Prohibit the operation of trucks or other commercial
vehicles on designated highways or streets.
(2)
Impose limitations as to the weight of trucks or other
commercial vehicles on designated highways or streets.
(3)
Provide that only certain highways or streets may
be used by trucks or other commercial vehicles.
B.
Any prohibitions, limitations, or truck route designations established under Subsection A 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 Section 608, MCLA § 257.608, which is incorporated herein by reference.
A peace officer of the Township may exercise
authority and powers outside of the Township when he is enforcing
this chapter on a street or highway which is on the boundary of the
Township the same as if he were in the Township.
Any police officer having reason to believe
that the load, weight, or height of a vehicle or load is in violation
of sections of this chapter, which violation is a misdemeanor, may
require the driver of a vehicle to stop, and the officer may investigate,
weigh, or measure the vehicle or load. If, after personally investigating,
weighing, or measuring the vehicle or load, the officer determines
that the load, weight, or height of a vehicle or load are in violation
of the requirements of this chapter, the officer may temporarily detain
the driver of the vehicle for purposes of making a record or vehicle
check, may make an arrest for the violation, and may proceed as otherwise
provided in this chapter.
The provisions of this article correspond with
the provisions of MCL §§ 257.716 through 257.726b,
Michigan Motor Vehicle Code, P.A. 300 of 1949, as amended, and intended
to be enforced pursuant to that authority, as a violation occurring
in the Township of Grosse Ile.
