§ 33-150.1. Size, weight and load restrictions.

(a)

Unless specifically declared to be a civil infraction, it is a misdemeanor for a person to drive or move or for the owner to cause or permit to be driven or moved on a highway a vehicle of a size and weight exceeding the limitations stated in this article or otherwise in violation of this article.

(b)

The provisions of this article governing size, weight, and load do not apply to a fire apparatus; to an implement of husbandry; to a boat lift or oversized hydraulic boat trailer owned and operated by a marina or watercraft dealer and used exclusively in a commercial boat storage operation which is incidentally moved upon a highway; or to a vehicle operated under the terms of a special permit issued as provided in this article.

(c)

The Michigan Department of Transportation, under the Administrative Procedures Act of 1969, 1969 PA 306 (MCL 24.201 to MCL 24.328), may promulgate rules permitting and regulating the operation of a vehicle or vehicles of a size or weight that exceeds the size or weight limitations of this article. The city may enforce those rules under this article, but can take no actions in conflict with federal, state, or local law.

(d)

A wrecker and a disabled vehicle, or a wrecker and a combination of a disabled vehicle and one (1) trailer that exceeds the size and weight limitations in this article may be operated upon the highways of the city under the following conditions:

(1)

The wrecker is specifically designed for such towing operations; is equipped with flashing, oscillating, or rotating amber or red lights as permitted under MCL 257.698; and is capable of utilizing the lighting and braking systems of the disabled vehicle or combination of disabled vehicles if those systems are operational.

(2)

For a combination of disabled vehicles, the wrecker is issued a special permit under section under MCL 257.725 by the Michigan Department of Transportation or the Road Commission for Shiawassee County if each trip beginning from the place of original disablement is twenty-five (25) miles or less. The special permit is valid for the entire twenty-five-mile towing distance, and the operator of that wrecker may remove the disabled vehicles from the roadway at any lawful point of his or her choosing within that distance.

(3)

For a single disabled vehicle, the wrecker is issued a special permit under MCL 257.725 by the Michigan Department of Transportation or the Road Commission for Shiawassee County for the transport of the disabled vehicle. A wrecker operator is not subject to mileage limitations under such a special permit.

(4)

The wrecker does not operate on any highway, road, street or structure that is included on a list provided by the state transportation department that prohibits wreckers unless the disabled vehicle or combination of vehicles is actually located on one (1) of those roads or structures.

(e)

The owner or operator of a wrecker that does not comply with subsection (d) is responsible for a civil infraction and shall pay a civil fine of not less than two hundred fifty dollars ($250.00) or more than five hundred dollars ($500.00). The civil fine imposed under this subsection is in addition to any fine that may be imposed under section 33-150.3 or 33-150.15.

(Ord. No. 746, § 2, 9-3-13)