[9-12-2011 by Ord. No.
1328]
This article shall be known as the "City of Port Huron Motor
Vehicle Axle Weight Ordinance." The purpose of this article is to
protect the safety and welfare of the citizens of this City and to
protect property in this City, by establishing limits on the axle
weights of motor vehicles operating on roadways under the jurisdiction
of the City of Port Huron. This article shall apply only to motor
vehicles operating on roadways under the jurisdiction of the City
of Port Huron. The provisions of this article are not to be construed
as being any more or less restrictive than restrictions adopted pursuant
to statute by the State of Michigan, including MCL 257.722.
[9-12-2011 by Ord. No.
1328]
The maximum axle load of a motor vehicle shall not exceed the
number of pounds designated in the following provisions that prescribe
the distance between axles:
(1)
If 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)
If 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)
If the axles are spaced less than 3 1/2 feet apart, the maximum
axle load shall not exceed 9,000 pounds per axle.
[9-12-2011 by Ord. No.
1328]
When normal loading is in effect, the restrictions contained in § 46-297 are subject to any increased weight allowed pursuant to MCL 257.722(2).
[9-12-2011 by Ord. No.
1328]
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. On a combination of truck tractor and semitrailer
having not more than five axles, two consecutive 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.
[9-12-2011 by Ord. No.
1328]
Notwithstanding § 46-299, on a combination of truck tractor and semitrailer having not more than five axles, two consecutive sets of tandem axles may carry a gross permissible weight of not to exceed 17,000 pounds on any axle of the tandem axles if there is no other axle within nine feet of any axle of the tandem axles and if the first and last axles of the consecutive sets of tandem axles are not less than 36 feet apart and the gross vehicle weight does not exceed 80,000 pounds to pick up and deliver agricultural commodities between the national truck network or special designated highways and any other highway. This section is not subject to the maximum axle loads of §§ 46-297, 46-298 and 46-299. For purposes of this section, a "tandem axle" means two axles spaced more than 40 inches but not more than 96 inches apart or two axles spaced more than 3 1/2 feet but less than nine feet apart. This section does not apply during that period when reduced maximum loads are in effect under § 46-304.
[9-12-2011 by Ord. No.
1328]
[9-12-2011 by Ord. No.
1328]
The seasonal reductions described under § 46-304 to the loading maximums and gross vehicle weight requirements of § 46-307 do not apply to public utility vehicles under the following circumstances:
(1)
For emergency public utility work on restricted roads, as follows:
a.
If required by the St. Clair County Road Commission, the public utility
or its subcontractor must notify the St. Clair County Road Commission,
as soon as practical, of the location of the emergency public utility
work as provided in MCL 257.722(6)(a)(i). Further, the public utility
vehicle may only travel to and from the site of the emergency public
utility work, while on a restricted road, at a speed not greater than
35 miles per hour.
(2)
For nonemergency public utility work on restricted roads, if a permit
is issued by the St. Clair County Road Commission pursuant to MCL
257.722(6)(b).
[9-12-2011 by Ord. No.
1328]
The normal size of tires on a commercial motor carrier shall
be the rated size as published by the manufacturer, and the maximum
wheel load permissible for any wheel shall not exceed 700 pounds per
inch of width of tire.
[9-12-2011 by Ord. No.
1328]
Except as provided in this section and § 46-305, during the months of March, April, and May in each year, the maximum axle load allowable on concrete pavements or pavements with a concrete base is reduced by 25% from the maximum axle load as specified in this article, and the maximum axle loads allowable on all other types of roads during these months are reduced by 35% from the maximum axle loads as specified by this article. The maximum wheel load shall not exceed 525 pounds per inch of tire width on concrete and concrete base or 450 pounds per inch of tire width on all other roads during the period seasonal road restrictions are in effect. Subject to § 46-301, this section does not apply to vehicles transporting agricultural commodities or, subject to § 46-302, Public utility vehicles.
[9-12-2011 by Ord. No.
1328]
The St. Clair County Road Commission may grant exemptions from
seasonal weight restrictions for milk on specified routes when requested,
in writing, pursuant to MCL 257.722(9).
[9-12-2011 by Ord. No.
1328]
For the purpose of enforcing this section, the gross vehicle weight of a single vehicle and load or a combination of vehicles and loads shall be determined by weighing individual axles or groups of axles, and the total weight on all 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. For purposes of § 46-307, 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.
[9-12-2011 by Ord. No.
1328]
Nothing in this article shall be construed to prohibit the State
of Michigan, St. Clair County, or any local authority from designating
a highway, or a section of a highway, within its jurisdiction, for
the operation of vehicles having a gross vehicle weight of not more
than 80,000 pounds that are subject to the following load maximums:
(1)
Twenty thousand pounds on any one axle, including all enforcement
tolerances.
(2)
A tandem axle weight of 34,000 pounds, including all enforcement
tolerances.
(3)
An overall gross weight on a group of two or more consecutive axles
equaling:
|
W = 500
|
LN
N-1
|
+ 12N + 36
|
|
Where:
| ||||
|
W
|
=
|
Overall gross weight on a group of two or more consecutive axles
to the nearest 500 pounds;
| ||
|
L
|
=
|
Distance in feet between the extreme of a group of two or more
consecutive axles; and
| ||
|
N
|
=
|
Number of axles in the group under consideration;
| ||
|
Except that two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the first and last axles of the consecutive sets of tandem axles are not less than 36 feet apart. The gross vehicle weight shall not exceed 80,000 pounds including all enforcement tolerances. Except for five-axle truck tractor, semitrailer combinations having two consecutive sets of tandem axles, vehicles having a gross weight in excess of 80,000 pounds or in excess of the vehicle gross weight determined by application of the formula in this subsection are subject to the maximum axle loads of §§ 46-297, 46-298 and 46-299. As used in this section, "tandem axle weight" means the total weight transmitted to the road by two or more consecutive axles, the centers of which may be included between parallel transverse vertical planes spaced more than 40 inches but not more than 96 inches apart, extending across the full width of the vehicle. Except as otherwise provided in this section, vehicles transporting agricultural commodities shall have weight load maximums as set forth in this section.
| ||||
[9-12-2011 by Ord. No.
1328]
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 this
article, is responsible for a municipal civil infraction and shall
pay a civil fine in an amount determined as follows:
(1)
If the court determines the motor vehicle or the combination of vehicles
was operated in such a manner that the gross weight of the vehicle
or the combination of vehicles would not be lawful by a proper distribution
of the load upon all the axles of the vehicle or the combination of
vehicles, the court shall impose a fine as follows: 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.
(2)
If the court determines that the motor vehicle or the combination of vehicles would be lawful by a proper distribution of the load upon all of the axles of the vehicle or the combination of vehicles, but that one or more axles of the vehicle exceeded the maximum allowable axle weight by 4,000 pounds or less, the court shall impose a misload fine of $200 per axle. Not more than three axles shall be used in calculating the fine to be imposed under this subsection. This subsection does not apply to a vehicle subject to the maximum loading provisions of § 46-307.
[9-12-2011 by Ord. No.
1328]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Those plants and animals useful to human beings produced
by agriculture and includes, but is not limited to, forages and sod
crops, grains and feed crops, field crops, dairy and dairy products,
poultry and poultry products, cervidae, livestock, including breeding
and grazing, equine, fish, and other aquacultural products, bees and
bee products, berries, herbs, fruits, vegetables, flowers, seeds,
grasses, nursery stock, mushrooms, fertilizer, livestock bedding,
farming equipment, and fuel for agricultural use. The term does not
include trees or lumber.
A public utility under the jurisdiction of the Public Service
Commission or a transmission company.
A vehicle owned or operated by a public utility or operated
by a subcontractor on behalf of a public utility.
Either an affiliated transmission company or an independent
transmission company as those terms are defined in Section 2 of the
Electric Transmission Line Certification Act, 1995 PA 30, MCL 460.562.
[9-12-2011 by Ord. No.
1328; 4-9-2018 by Ord. No. 18-006]
This Act shall be enforced by the City of Port Huron Police
Department.
