Bill Text: MI SB1150 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Traffic control; traffic regulation; gross vehicle weight limits; modify to 80,000 pounds. Amends secs. 719 & 722 of 1949 PA 300 (MCL 257.719 & 257.722).

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-12-02 - Reconsider Vote Postponed [SB1150 Detail]

Download: Michigan-2013-SB1150-Introduced.html

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SENATE BILL No. 1150

 

 

November 13, 2014, Introduced by Senators BIEDA and YOUNG and referred to the Committee on Committee of the Whole.

 

 

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 719 and 722 (MCL 257.719 and 257.722),

 

section 719 as amended by 2012 PA 282 and section 722 as amended

 

by 2012 PA 522.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 719. (1) A vehicle unloaded or with load shall not

 

 2  exceed a height of 13 feet 6 inches. The owner of a vehicle that

 

 3  collides with a lawfully established bridge or viaduct is liable

 

 4  for all damage and injury resulting from a collision caused by

 

 5  the height of the vehicle, whether the clearance of the bridge or

 

 6  viaduct is posted or not.

 

 7        (2) Lengths described in this subsection shall be known as

 

 1  the normal length maximum. Except as provided in subsection (3),

 

 2  the following vehicles and combinations of vehicles shall not be

 

 3  operated on a highway in this state in excess of these lengths:

 

 4        (a) Subject to subsection (8), any single vehicle: 40 feet;

 

 5  a crib vehicle on which logs are loaded lengthwise of the

 

 6  vehicle: 42.5 feet; any single bus or motor home: 45 feet.

 

 7        (b) Articulated buses: 65 feet.

 

 8        (c) Notwithstanding any other provision of this section, a

 

 9  combination of a truck and semitrailer or trailer, or a truck

 

10  tractor, semitrailer, and trailer, or truck tractor and

 

11  semitrailer or trailer, designed and used exclusively to

 

12  transport assembled motor vehicles or bodies, recreational

 

13  vehicles, or boats: 65 feet. A combination of a truck and

 

14  semitrailer or trailer, or a truck tractor, semitrailer, and

 

15  trailer, or a truck tractor and semitrailer or trailer designed

 

16  and used to transport boats from the manufacturer, or a stinger-

 

17  steered combination: 75 feet. The load on the combinations of

 

18  vehicles described in this subdivision may extend an additional 3

 

19  feet beyond the front and 4 feet beyond the rear of the

 

20  combinations of vehicles. Retractable extensions used to support

 

21  and secure the load that do not extend beyond the allowable

 

22  overhang for the front and rear shall not be included in

 

23  determining length of a loaded vehicle or vehicle combination.

 

24        (d) Truck tractor and semitrailer combinations: no overall

 

25  length, the semitrailer: 50 feet.

 

26        (e) Truck and semitrailer or trailer: 59 feet.

 

27        (f) Except as provided in subdivision (g), truck tractor,

 

 1  semitrailer, and trailer, or truck tractor and 2 semitrailers: 59

 

 2  feet.

 

 3        (g) A truck tractor, semitrailer, and trailer, or a truck

 

 4  tractor and 2 semitrailers, in which no semitrailer or trailer is

 

 5  more than 28-1/2 feet long: 65 feet. This subdivision only

 

 6  applies while the vehicle is being used for a business purpose

 

 7  reasonably related to picking up or delivering a load and only if

 

 8  each semitrailer or trailer is equipped with a device or system

 

 9  capable of mechanically dumping construction materials or dumping

 

10  construction materials by force of gravity.

 

11        (h) More than 1 motor vehicle, wholly or partially

 

12  assembled, in combination, utilizing 1 tow bar or 3 saddle mounts

 

13  with full mount mechanisms and utilizing the motive power of 1 of

 

14  the vehicles in combination: 55 feet.

 

15        (i) A recreational vehicle that has its own motive power, in

 

16  combination with a trailer: 65 feet or, if the operator of the

 

17  recreational vehicle has a group commercial motor vehicle

 

18  designation on his or her operator's or chauffeur's license, 75

 

19  feet.

 

20        (3) Notwithstanding subsection (2), the following vehicles

 

21  and combinations of vehicles shall not be operated on a

 

22  designated highway of this state in excess of these lengths:

 

23        (a) Truck tractor and semitrailer combinations: no overall

 

24  length limit, the semitrailer 53 feet. All semitrailers longer

 

25  than 50 feet shall have a wheelbase of 37.5 to 40.5 feet plus or

 

26  minus 0.5 feet, measured from the kingpin coupling to the center

 

27  of the rear axle or the center of the rear axle assembly. City,

 

 1  village, or county authorities may prohibit stops of vehicles

 

 2  with a semitrailer longer than 50 feet within their jurisdiction

 

 3  unless the stop occurs along appropriately designated routes, or

 

 4  is necessary for emergency purposes or to reach shippers,

 

 5  receivers, warehouses, and terminals along designated routes.

 

 6        (b) Truck and semitrailer or trailer combinations: 65 feet,

 

 7  except that a person may operate a truck and semitrailer or

 

 8  trailer designed and used to transport saw logs, pulpwood, and

 

 9  tree length poles that does not exceed an overall length of 70

 

10  feet or a crib vehicle and semitrailer or trailer designed and

 

11  used to transport saw logs that does not exceed an overall length

 

12  of 75 feet. A crib vehicle and semitrailer or trailer designed to

 

13  and used to transport saw logs shall not exceed a gross vehicle

 

14  weight of 164,000 80,000 pounds. A person may operate a truck

 

15  tractor and semitrailer designed and used to transport saw logs,

 

16  pulpwood, and tree length wooden poles with a load overhang to

 

17  the rear of the semitrailer which that does not exceed 6 feet if

 

18  the semitrailer does not exceed 50 feet in length.

 

19        (c) Notwithstanding subsection (4)(d), a truck tractor with

 

20  a log slasher unit and a log saw unit: no overall limit if the

 

21  length of each unit does not exceed 28-1/2 feet, or the overall

 

22  length of the log slasher unit and the log saw unit, as measured

 

23  from the front of the first towed unit to the rear of the second

 

24  towed unit while the units are coupled together, does not exceed

 

25  58 feet. The coupling devices of the truck tractor and units set

 

26  forth in this subdivision shall meet the requirements established

 

27  under the motor carrier safety act of 1963, 1963 PA 181, MCL

 

 1  480.11 to 480.25.

 

 2        (d) Truck tractor and 2 semitrailers, or truck tractor,

 

 3  semitrailer, and trailer combinations: no overall length limit,

 

 4  if the length of each semitrailer or trailer does not exceed 28-

 

 5  1/2 feet each, or the overall length of the semitrailer and

 

 6  trailer, or 2 semitrailers as measured from the front of the

 

 7  first towed unit to the rear of the second towed unit while the

 

 8  units are coupled together does not exceed 58 feet.

 

 9        (e) More than 1 motor vehicle, wholly or partially

 

10  assembled, in combination, utilizing 1 tow bar or 3 saddle mounts

 

11  with full mount mechanisms and utilizing the motive power of 1 of

 

12  the vehicles in combination: 75 feet.

 

13        (f) Truck tractor and lowboy semitrailer combinations: no

 

14  maximum overall length, if the lowboy semitrailer does not exceed

 

15  59 feet, except as otherwise permitted under this subdivision. A

 

16  lowboy semitrailer wheelbase shall not exceed 55 feet as measured

 

17  from the kingpin coupling to the center of the rear axle. A

 

18  lowboy semitrailer more than 59 feet in length shall not operate

 

19  with more than any combination of 4 axles on the lowboy unless an

 

20  oversized load permit is issued by the state transportation

 

21  department or a local authority with respect to highways under

 

22  its jurisdiction. As used in this subdivision, "lowboy

 

23  semitrailer" means a flatbed semitrailer with a depressed section

 

24  that has the specific purpose of being lowered and raised for

 

25  loading and unloading.

 

26        (4) The following combinations and movements are prohibited:

 

27        (a) A truck shall not haul more than 1 trailer or

 

 1  semitrailer, and a truck tractor shall not haul more than 2

 

 2  semitrailers or 1 semitrailer and 1 trailer in combination at any

 

 3  1 time, except that a farm tractor may haul 2 wagons or trailers,

 

 4  or garbage and refuse haulers may, during daylight hours, haul up

 

 5  to 4 trailers for garbage and refuse collection purposes, not

 

 6  exceeding in any combination a total length of 55 feet and at a

 

 7  speed limit not to exceed 15 miles per hour.

 

 8        (b) A combination of vehicles or a vehicle shall not have

 

 9  more than 11 axles, except when operating under a valid permit

 

10  issued by the state transportation department or a local

 

11  authority with respect to a highway under its jurisdiction.

 

12        (c) Any combination of vehicles not specifically authorized

 

13  under this section is prohibited.

 

14        (d) Except as provided in subsection (3)(c), a combination

 

15  of 2 semitrailers pulled by a truck tractor, unless each

 

16  semitrailer uses a fifth wheel connecting assembly that conforms

 

17  to the requirements of the motor carrier safety act of 1963, 1963

 

18  PA 181, MCL 480.11 to 480.25.

 

19        (e) A vehicle or a combination of vehicles shall not carry a

 

20  load extending more than 3 feet beyond the front of the lead

 

21  vehicle.

 

22        (f) A vehicle described in subsections (2)(e) and (3)(e)

 

23  employing triple saddle mounts unless all wheels that are in

 

24  contact with the roadway have operating brakes.

 

25        (5) All combinations of vehicles under this section shall

 

26  employ connecting assemblies and lighting devices that are in

 

27  compliance with the motor carrier safety act of 1963, 1963 PA

 

 1  181, MCL 480.11 to 480.25.

 

 2        (6) The total gross weight of a truck tractor, semitrailer,

 

 3  and trailer combination or a truck tractor and 2 semitrailers

 

 4  combination that exceeds 59 feet in length shall not exceed a

 

 5  ratio of 400 pounds per engine net horsepower delivered to clutch

 

 6  or its equivalent specified in the handbook published by the

 

 7  society of automotive engineers, inc. (SAE), 1977 edition.

 

 8        (7) A person who violates this section is responsible for a

 

 9  civil infraction. The owner of the vehicle may be charged with a

 

10  violation of this section.

 

11        (8) The provisions in subsections (2)(a) and (3)(b)

 

12  prescribing the length of a crib vehicle on which logs are loaded

 

13  lengthwise do not apply unless 23 USC 127(d) is amended to allow

 

14  crib vehicles carrying logs to be loaded as described in this

 

15  section.

 

16        (9) As used in this section:

 

17        (a) "Designated highway" means a highway approved by the

 

18  state transportation department or a local authority with respect

 

19  to a highway under its jurisdiction.

 

20        (b) "Length" means the total length of a vehicle, or

 

21  combination of vehicles, including any load the vehicle is

 

22  carrying. Length does not include devices described in 23 CFR

 

23  658.16 and 23 CFR part 658, appendix d. , 23 CFR 658.16 and 23

 

24  CFR part 658, appendix d, as on file with the secretary of state,

 

25  are adopted by reference. A safety or energy conservation device

 

26  shall be excluded from a determination of length only if it is

 

27  not designed or used for the carrying of cargo, freight, or

 

 1  equipment. Semitrailers and trailers shall be measured from the

 

 2  front vertical plane of the foremost transverse load supporting

 

 3  structure to the rearmost transverse load supporting structure.

 

 4  Vehicle components not excluded by law shall be included in the

 

 5  measurement of the length, height, and width of the vehicle.

 

 6        (c) "Stinger-steered combinations" means a truck tractor and

 

 7  semitrailer combination in which the fifth wheel is located on a

 

 8  drop frame located behind and below the rearmost axle of the

 

 9  power unit.

 

10        Sec. 722. (1) Except as otherwise provided in this section,

 

11  the maximum axle load shall not exceed the number of pounds

 

12  designated in the following provisions that prescribe the

 

13  distance between axles:

 

14        (a) If the axle spacing is 9 feet or more between axles, the

 

15  maximum axle load shall not exceed 18,000 pounds for vehicles

 

16  equipped with high pressure pneumatic or balloon tires.

 

17        (b) If the axle spacing is less than 9 feet between 2 axles

 

18  but more than 3-1/2 feet, the maximum axle load shall not exceed

 

19  13,000 pounds for high pressure pneumatic or balloon tires.

 

20        (c) If the axles are spaced less than 3-1/2 feet apart, the

 

21  maximum axle load shall not exceed 9,000 pounds per axle.

 

22        (d) Subdivisions (a), (b), and (c) shall be known as the

 

23  normal loading maximum.

 

24        (2) When normal loading is in effect, the state

 

25  transportation department, or a local authority with respect to

 

26  highways under its jurisdiction, may designate certain highways ,

 

27  or sections of those highways, where bridges and road surfaces

 

 1  are adequate for heavier loading, and revise a designation as

 

 2  needed, on which the maximum tandem axle assembly loading shall

 

 3  not exceed 16,000 pounds for any axle of the assembly, if there

 

 4  is no other axle within 9 feet of any axle of the assembly.

 

 5        (3) On a legal combination of vehicles, only 1 tandem axle

 

 6  assembly is permitted on the designated highways at the gross

 

 7  permissible weight of 16,000 pounds per axle, if there is no

 

 8  other axle within 9 feet of any axle of the assembly, and if no

 

 9  other tandem axle assembly in the combination of vehicles exceeds

 

10  a gross weight of 13,000 pounds per axle. On a combination of

 

11  truck tractor and semitrailer having not more than 5 axles, 2

 

12  consecutive tandem axle assemblies are permitted on the

 

13  designated highways at a gross permissible weight of 16,000

 

14  pounds per axle, if there is no other axle within 9 feet of any

 

15  axle of the assembly.

 

16        (4) Notwithstanding subsection (3), on a combination of

 

17  truck tractor and semitrailer having not more than 5 axles, 2

 

18  consecutive sets of tandem axles may carry a gross permissible

 

19  weight of not to exceed 17,000 pounds on any axle of the tandem

 

20  axles if there is no other axle within 9 feet of any axle of the

 

21  tandem axles and if the first and last axles of the consecutive

 

22  sets of tandem axles are not less than 36 feet apart and the

 

23  gross vehicle weight does not exceed 80,000 pounds to pick up and

 

24  deliver agricultural commodities between the national truck

 

25  network or special designated highways and any other highway.

 

26  This subsection is not subject to the maximum axle loads of

 

27  subsections (1), (2), and (3). For purposes of this subsection, a

 

 1  "tandem axle" means 2 axles spaced more than 40 inches but not

 

 2  more than 96 inches apart or 2 axles spaced more than 3-1/2 feet

 

 3  but less than 9 feet apart. This subsection does not apply during

 

 4  that the period when reduced maximum loads are in effect under

 

 5  subsection (8).

 

 6        (5) The seasonal reductions described under subsection (8)

 

 7  to the loading maximums and gross vehicle weight requirement of

 

 8  subsection (12) do not apply to a person hauling agricultural

 

 9  commodities if the person who picks up or delivers the

 

10  agricultural commodity either from a farm or to a farm notifies

 

11  the county road commission for roads under its authority not less

 

12  than 48 hours before the pickup or delivery of the time and

 

13  location of the pickup or delivery. The county road commission

 

14  shall issue a permit to the person and charge a fee that does not

 

15  exceed the administrative costs incurred. The permit shall

 

16  contain all of the following:

 

17        (a) The designated route or routes of travel for the load.

 

18        (b) The date and time period requested by the person who

 

19  picks up or delivers the agricultural commodities during which

 

20  the load may be delivered or picked up.

 

21        (c) A maximum speed limit of travel, if necessary.

 

22        (d) Any other specific conditions agreed to between the

 

23  parties.

 

24        (6) The seasonal reductions described under subsection (8)

 

25  to the loading maximums and gross vehicle weight requirements of

 

26  subsection (12) do not apply to public utility vehicles under the

 

27  following circumstances:

 

 1        (a) For emergency public utility work on restricted roads,

 

 2  as follows:

 

 3        (i) If required by the county road commission, the public

 

 4  utility or its subcontractor shall notify the county road

 

 5  commission, as soon as practical, of the location of the

 

 6  emergency public utility work and provide a statement that the

 

 7  vehicles that were used to perform the emergency utility work may

 

 8  have exceeded the loading maximums and gross vehicle weight

 

 9  requirements of subsection (12) as reduced under subsection (8).

 

10  The notification may be made via facsimile or electronically.

 

11        (ii) The public utility vehicle travels to and from the site

 

12  of the emergency public utility work while on a restricted road

 

13  at a speed not greater than 35 miles per hour.

 

14        (b) For nonemergency public utility work on restricted

 

15  roads, as follows:

 

16        (i) If the county road commission requires, the public

 

17  utility or its subcontractor shall apply to the county road

 

18  commission annually for a seasonal truck permit for roads under

 

19  its authority before seasonal weight restrictions are effective.

 

20  The county road commission shall issue a seasonal truck permit

 

21  for each public utility vehicle or vehicle configuration the

 

22  public utility or subcontractor anticipates will be utilized for

 

23  nonemergency public utility work. The county road commission may

 

24  charge a fee for a seasonal truck permit that does not exceed the

 

25  administrative costs incurred for the permit. The seasonal truck

 

26  permit shall contain all of the following:

 

27        (A) The seasonal period requested by the public utility or

 

 1  subcontractor during which the permit is valid.

 

 2        (B) A unique identification number for the vehicle and any

 

 3  vehicle configuration to be covered on the seasonal truck permit

 

 4  requested by the public utility or subcontractor.

 

 5        (C) A requirement that travel on restricted roads during

 

 6  weight restrictions will be minimized and only utilized when

 

 7  necessary to perform public utility work using the public utility

 

 8  vehicle or vehicle configuration and that nonrestricted roads

 

 9  shall be used for travel when available and for routine travel.

 

10        (D) A requirement that in the case of a subcontractor the

 

11  permit is only valid while the subcontractor vehicle is being

 

12  operated in the performance of public utility work.

 

13        (E) A requirement that a subcontractor vehicle or vehicle

 

14  configuration shall display signage on the outside of the vehicle

 

15  to identify the vehicle as operating on behalf of the public

 

16  utility.

 

17        (ii) If the county road commission requires notification, the

 

18  county road commission shall provide a notification application

 

19  for the public utility or its subcontractor to use when

 

20  requesting access to operate on restricted roads and the public

 

21  utility or its subcontractor shall provide notification to notify

 

22  the county road commission, via facsimile or electronically, not

 

23  later than 24 hours before the time of the intended travel. A

 

24  subcontractor using a vehicle on a restricted road shall have a

 

25  copy of any notification provided to a county road commission in

 

26  the subcontractor's possession while performing the relevant

 

27  nonemergency work. Notwithstanding this subsection or an

 

 1  agreement under this subsection, if the county road commission

 

 2  determines that the condition of a particular road under its

 

 3  jurisdiction makes it unusable, the county road commission may

 

 4  deny access to all or any part of that road. The denial shall be

 

 5  made and communicated via facsimile or electronically to the

 

 6  public utility or its subcontractor within 24 hours after

 

 7  receiving notification that the public utility or subcontractors

 

 8  intends to perform nonemergency work that requires use of that

 

 9  road. Any notification that is not disapproved within 24 hours

 

10  after the notice is received by the county road commission is

 

11  considered approved. The notification application required under

 

12  this subparagraph may include all of the following information:

 

13        (A) The address or location of the nonemergency work.

 

14        (B) The date or dates of the nonemergency work.

 

15        (C) The route to be taken to the nonemergency work site.

 

16        (D) The restricted road or roads intended to be traveled

 

17  upon to the nonemergency work site or sites.

 

18        (E) In the case of a subcontractor, the utility on whose

 

19  behalf the subcontractor is performing services.

 

20        (7) The normal size of tires shall be the rated size as

 

21  published by the manufacturers, and the maximum wheel load

 

22  permissible for any wheel shall not exceed 700 pounds per inch of

 

23  width of tire.

 

24        (8) Except as provided in this subsection and subsection

 

25  (9), during the months of March, April, and May in each year, the

 

26  maximum axle load allowable on concrete pavements or pavements

 

27  with a concrete base is reduced by 25% from the maximum axle load

 

 1  as specified in this chapter, and the maximum axle loads

 

 2  allowable on all other types of roads during these months are

 

 3  reduced by 35% from the maximum axle loads as specified. The

 

 4  maximum wheel load shall not exceed 525 pounds per inch of tire

 

 5  width on concrete and concrete base or 450 pounds per inch of

 

 6  tire width on all other roads during the period the seasonal road

 

 7  restrictions are in effect. Subject to subsection (5), this

 

 8  subsection does not apply to vehicles transporting agricultural

 

 9  commodities or, subject to subsection (6), public utility

 

10  vehicles on a highway, road, or street under the jurisdiction of

 

11  a local road agency. In addition, this subsection does not apply

 

12  to a vehicle delivering propane fuel to a residence if the

 

13  vehicle's propane tank is filled to not more than 50% of its

 

14  capacity and the vehicle is traveling at not more than 35 miles

 

15  per hour. The state transportation department and each local

 

16  authority with highways and streets under its jurisdiction to

 

17  which the seasonal restrictions prescribed under this subsection

 

18  apply shall post all of the following information on the homepage

 

19  of its website or, if a local authority does not have a website,

 

20  then on the website of a statewide road association of which it

 

21  is a member:

 

22        (a) The dates when the seasonal restrictions are in effect.

 

23        (b) The names of the highways and streets and portions of

 

24  highways and streets to which the seasonal restrictions apply.

 

25        (9) The state transportation department for roads under its

 

26  jurisdiction and a county road commission for roads under its

 

27  jurisdiction may grant exemptions from seasonal weight

 

 1  restrictions for milk on specified routes when requested in

 

 2  writing. Approval The state transportation department or county

 

 3  road commission shall give written notice of approval or denial

 

 4  of a request for an exemption shall be given by written notice to

 

 5  the applicant within 30 days after the date of submission of the

 

 6  application. If a request is denied, the written notice shall

 

 7  state the reason for denial and alternate routes for which the

 

 8  permit may be issued. The applicant may appeal to the state

 

 9  transportation commission or the county road commission. These

 

10  exemptions do not apply on county roads in counties that have

 

11  negotiated agreements with milk haulers or haulers of other

 

12  commodities during periods of seasonal load limits before April

 

13  14, 1993. This subsection does not limit the ability of these

 

14  counties to continue to negotiate such agreements.

 

15        (10) The state transportation department, or a local

 

16  authority with respect to highways under its jurisdiction, may

 

17  suspend the restrictions imposed by this section when and where

 

18  conditions of the highways or the public health, safety, and

 

19  welfare warrant suspension, and impose the restricted loading

 

20  requirements of this section on designated highways at any other

 

21  time that the conditions of the highway require.

 

22        (11) For the purpose of enforcing this act, the gross

 

23  vehicle weight of a single vehicle and load or a combination of

 

24  vehicles and loads shall be determined by weighing individual

 

25  axles or groups of axles, and the total weight on all the axles

 

26  shall be the gross vehicle weight. In addition, the gross axle

 

27  weight shall be determined by weighing individual axles or by

 

 1  weighing a group of axles and dividing the gross weight of the

 

 2  group of axles by the number of axles in the group. For purposes

 

 3  of subsection (12), the overall gross weight on a group of 2 or

 

 4  more axles shall be determined by weighing individual axles or

 

 5  several axles, and the total weight of all the axles in the group

 

 6  shall be the overall gross weight of the group.

 

 7        (12) The loading maximum in this subsection applies to

 

 8  interstate highways, and the state transportation department, or

 

 9  a local authority with respect to highways under its

 

10  jurisdiction, may designate a highway, or a section of a highway,

 

11  for the operation of vehicles having a gross vehicle weight of

 

12  not more than 80,000 pounds that are subject to the following

 

13  load maximums:

 

14        (a) Twenty thousand pounds on any 1 axle, including all

 

15  enforcement tolerances.

 

16        (b) A tandem axle weight of 34,000 pounds, including all

 

17  enforcement tolerances.

 

18        (c) An overall gross weight on a group of 2 or more

 

19  consecutive axles equaling:

 

 

20	W=500[(LN)/(N-1)+12N+36]

 

 

21        where W = overall gross weight on a group of 2 or more

 

22  consecutive axles to the nearest 500 pounds, L = distance in feet

 

23  between the extreme of a group of 2 or more consecutive axles,

 

24  and N = number of axles in the group under consideration; except

 

25  that 2 consecutive sets of tandem axles may carry a gross load of

 

 1  34,000 pounds each if the first and last axles of the consecutive

 

 2  sets of tandem axles are not less than 36 feet apart. The gross

 

 3  vehicle weight shall not exceed 80,000 pounds including all

 

 4  enforcement tolerances. Except for 5 axle truck tractor,

 

 5  semitrailer combinations having 2 consecutive sets of tandem

 

 6  axles, vehicles having a gross weight in excess of 80,000 pounds

 

 7  or in excess of the vehicle gross weight determined by

 

 8  application of the formula in this subsection are subject to the

 

 9  maximum axle loads of subsections (1), (2), and (3). Except as

 

10  otherwise provided in this section, vehicles transporting

 

11  agricultural commodities shall have weight load maximums as set

 

12  forth in this subsection. As used in this subsection, "tandem

 

13  axle weight" means the total weight transmitted to the road by 2

 

14  or more consecutive axles, the centers of which may be included

 

15  between parallel transverse vertical planes spaced more than 40

 

16  inches but not more than 96 inches apart, extending across the

 

17  full width of the vehicle. Except as otherwise provided in this

 

18  section, vehicles transporting agricultural commodities shall

 

19  have weight load maximums as set forth in this subsection.

 

20        (13) The axle loading maximums under subsections (1), (2),

 

21  (3), and (4) are increased by 10% for vehicles transporting

 

22  agricultural commodities or raw timber, excluding farm equipment

 

23  and fuel, from the place of harvest or farm storage to the first

 

24  point of delivery on a road in this state. However, the axle

 

25  loading maximums as increased under this subsection do not alter

 

26  the gross vehicle weight restrictions set forth in this act. This

 

27  subsection does not apply to either of the following:

 

 1        (a) A vehicle utilizing an interstate highway.

 

 2        (b) A vehicle utilizing a road that is subject to seasonal

 

 3  weight restrictions under subsection (8) during the time that the

 

 4  seasonal weight restrictions are in effect.

 

 5        (14) Notwithstanding any other provision of this section,

 

 6  the total gross weight of a vehicle shall not exceed 80,000

 

 7  pounds.

 

 8        (15) (14) As used in this section:

 

 9        (a) "Agricultural commodities" means those plants and

 

10  animals useful to human beings produced by agriculture and

 

11  includes, but is not limited to, forages and sod crops, grains

 

12  and feed crops, field crops, dairy and dairy products, poultry

 

13  and poultry products, cervidae, livestock, including breeding and

 

14  grazing, equine, fish, and other aquacultural products, bees and

 

15  bee products, berries, herbs, fruits, vegetables, flowers, seeds,

 

16  grasses, nursery stock, mushrooms, fertilizer, livestock bedding,

 

17  farming equipment, and fuel for agricultural use. The term does

 

18  not include trees or lumber.

 

19        (b) "Emergency public utility work" means work performed to

 

20  restore public utility service or to eliminate a danger to the

 

21  public due to a natural disaster, an act of God, or an emergency

 

22  situation, whether or not a public official has declared an

 

23  emergency.

 

24        (c) "Farm storage" means any of the following:

 

25        (i) An edifice, silo, tank, bin, crib, interstice, or

 

26  protected enclosed structure, or more than 1 edifice, silo, tank,

 

27  bin, crib, interstice, or protected enclosed structure located

 

 1  contiguous to each other.

 

 2        (ii) An open environment used for the purpose of temporarily

 

 3  storing a crop.

 

 4        (d) "Public utility" means a public utility under the

 

 5  jurisdiction of the public service commission or a transmission

 

 6  company.

 

 7        (e) "Public utility vehicle" means a vehicle owned or

 

 8  operated by a public utility or operated by a subcontractor on

 

 9  behalf of a public utility.

 

10        (f) "Transmission company" means either an affiliated

 

11  transmission company or an independent transmission company as

 

12  those terms are defined in section 2 of the electric transmission

 

13  line certification act, 1995 PA 30, MCL 460.562.