§ 33-150.10. Wheel and axle loads; seasonal weight restrictions, exceptions.

(a)

The maximum axle load shall not exceed the number of pounds, as designated in the following provisions which prescribe the distance between axles:

(1)

If the axle spacing is nine (9) feet or more between axles, the maximum axle load shall not exceed eighteen thousand (18,000) pounds for vehicles equipped with high pressure pneumatic or balloon tires.

(2)

If the axle spacing between two (2) axles is less than nine (9) feet but more than three and one-half (3½) feet, the maximum axle load shall not exceed thirteen thousand (13,000) pounds for vehicles equipped with high pressure pneumatic or balloon tires.

(3)

If the axles are spaced less than three and one-half (3½) feet apart, the maximum axle load shall not exceed nine thousand (9,000) pounds per axle.

(4)

Subsections (a)(1), (2) and (3) shall be known as the normal loading maximum.

(b)

When normal loading is in effect, the Owosso Police Department may designate certain highways, or sections of those highways under its jurisdiction, where bridges and road surfaces are adequate for heavier loading, and may also revise a designation to allow the maximum tandem axle assembly loading of up to sixteen thousand (16,000) pounds for any axle of the assembly, as long as there is no other axle within nine (9) feet of any axle of the assembly.

(c)

On a legal combination of vehicles, only one (1) tandem axle assembly shall be permitted on the designated highways at the gross permissible weight of sixteen thousand (16,000) pounds per axle, but only if there is no other axle within nine (9) feet of any axle of the assembly, and if no other tandem axle assembly in the combination of vehicles exceeds a gross weight of thirteen thousand (13,000) pounds per axle. On a combination of truck tractor and semitrailer having up to five (5) axles, two (2) consecutive tandem axle assemblies shall be permitted on the designated highways at a gross permissible weight of sixteen thousand (16,000) pounds per axle, if there is no other axle within nine (9) feet of any axle of the assembly.

(d)

Notwithstanding subsection (c), on a combination of truck tractor and semitrailer having up to five (5) axles, two (2) consecutive sets of tandem axles may carry a gross permissible weight of up to seventeen thousand (17,000) pounds on any of the tandem axles if there is no other axle within nine (9) feet of any axle of the tandem axle and if the first and last axle of the consecutive sets of tandem axles are at least thirty-six (36) feet apart and the gross vehicle weight does not exceed eighty thousand (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 subsections (a), (b) and (c). For purposes of this section, a "tandem axle" means two (2) axles spaced more than forty (40) inches but not more than ninety-six (96) inches apart or two (2) axles spaced more than three and one-half (3½) feet but less than nine (9) feet apart. This section does not apply during that period when reduced maximum loads are in effect, pursuant to subsection (h).

(e)

In order to be exempt from the loading maximums and gross vehicle weight requirements, the person hauling agricultural commodities, who picks up or delivers either from a farm or to a farm, shall notify the Road Commission for Shiawassee County at least forty-eight (48) hours before the pickup or delivery, indicating the time and location of the pickup or delivery. Pursuant to MCL 257.722(5) the Shiawassee County Road Commission shall issue a permit to such a person and charge a fee that does not exceed the administrative costs incurred. The permit shall contain the all of the following:

(1)

The designated route or routes of travel for the load.

(2)

The date and time period requested by the person who picks up or delivers the agricultural commodities during which the load may be delivered or picked up.

(3)

A maximum speed limit of travel, if necessary.

(4)

Any other specific conditions agreed to between the parties.

(f)

In order to be exempt from the loading maximums and gross vehicle weight requirements, public utility vehicles that are owned or operated by public utilities under the jurisdiction of the Michigan Public Service Commission, or are subcontracted by public utilities under the jurisdiction of the Michigan Public Service Commission, when performing electrical emergency public utility work, must meet the following circumstances:

(1)

For emergency public utility work on restricted roads, as follows:

a.

If required by the Road Commission for Shiawassee County, the public utility shall notify the Road Commission for Shiawassee County, as soon as practical, of the location of the emergency public utility work and provide a statement that the vehicles that were used to perform the emergency utility work may have exceeded the loading maximums and gross vehicle weight requirements of this article. The notification may be made via facsimile or electronically.

b.

The public utility vehicle travels to and from the site of the emergency public utility work while on a restricted road at a speed not greater than thirty-five (35) miles per hour.

(2)

For nonemergency public utility work on restricted roads, as follows:

a.

If the Road Commission for Shiawassee County requires, the public utility shall apply to the Road Commission for Shiawassee County annually for a seasonal truck permit for roads under its authority before seasonal weight restrictions are effective. Pursuant to MCL 257.722(6), the Road Commission for Shiawassee County shall issue a seasonal truck permit for each vehicle or vehicle configuration the public utility anticipates will be utilized for nonemergency public utility work. Pursuant to MCL 257.722(6), the Road Commission for Shiawassee County may charge a fee for a permit that does not exceed the administrative costs incurred for the permit. The seasonal truck permit shall contain all of the following:

1.

The seasonal period requested by the public utility, during which the permit is valid.

2.

A unique identification number for the vehicle and any vehicle configuration to be covered on the seasonal truck permit that is requested by the public utility.

3.

A requirement that travel on restricted roads during weight restriction periods will be minimized and only utilized when necessary to perform work using the public utility vehicle or vehicle configuration and that nonrestricted roads shall be used for travel when available and for routine travel.

b.

Pursuant to MCL 257.722(6), if the Road Commission for Shiawassee County requires notification, the Road Commission of Shiawassee County shall provide a notification application for the public utility to use when requesting access to operate on restricted roads and the public utility shall provide notification to the Road Commission of Shiawassee County, via facsimile or electronically, not later than twenty-four (24) hours before the time of the intended travel. Notwithstanding this section or an agreement under this section, if the Road Commission for Shiawassee County determines that the condition of a particular road under its jurisdiction makes it unusable, the Road Commission for Shiawassee County may deny access to all or any part of that road. The denial shall be made and communicated via facsimile or electronically to the public utility within twenty-four (24) hours after receiving notification that the public utility intends to perform nonemergency work that requires use of that road. Any notification that is not disapproved within twenty-four (24) hours after the notice is received by the Road Commission of Shiawassee County is considered approved. The notification application, as required under MCL 257.722(6), may include all of the following information:

1.

The address or location of the nonemergency work.

2.

The date or dates of the nonemergency work.

3.

The route to be taken to the nonemergency work.

4.

The restricted road or roads intended to be traveled upon to the nonemergency work site or sites.

(g)

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 seven hundred (700) pounds per inch of width of tire.

(h)

Except as provided in this section and subsection (i), 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 twenty-five (25) percent 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 thirty-five (35) percent from the maximum axle loads as specified. The maximum wheel load shall not exceed five hundred twenty-five (525) pounds per inch of tire width on concrete and concrete base or four hundred fifty (450) pounds per inch of tire width on all other roads during the time that the seasonal road restrictions are in effect. This section does not apply to vehicles transporting agricultural commodities or public utility vehicles on a highway, road, or street under the jurisdiction of Owosso. For the highways, roads, or streets under Owosso's jurisdiction to which the seasonal restrictions prescribed under this section apply, Owosso shall post all of the following information on the homepage of its website:

(1)

The dates when the seasonal restrictions are in effect.

(2)

The names of the highways and streets and portions of highways and streets to which seasonal restrictions apply.

(i)

Pursuant to MCL 257.722(9), the Michigan Department of Transportation (for roads under its jurisdiction) and the Road Commission for Shiawassee County (for roads under its jurisdiction) may grant exemptions from seasonal weight restrictions for the transport of milk on specific routes, when requested in writing. Approval or denial of a request for an exemption shall be given by written notification to the applicant within thirty (30) days of submission of the application. If a request is denied, the written notice shall state the reason for the denial and alternate routes for which the permit may be issued. The applicant may appeal to the Michigan Department of Transportation or the Road Commission for Shiawassee County. These exemptions do not apply on county roads in counties that have negotiated agreements with milk haulers or haulers of other commodities during periods of seasonal load limits before April 13, 1993. This subsection does not limit the ability of these counties to negotiate such agreements.

(j)

The Owosso Police Department, with respect to highways under its jurisdiction, may suspend the restrictions imposed by this section when and where conditions of the highways or the public health, safety, and welfare warrant suspension, and impose the restricted loading requirements of this section on designated highways at any other time that the conditions of the highway require.

(k)

For the purpose of enforcing this article, 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 (2) 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.

(l)

The loading maximum in this subsection applies to the highways under Owosso's jurisdiction. The Owosso Police Department may designate a highway, or a section of a highway for the operation of vehicles having a gross vehicle weight of up to eighty thousand (80,000) pounds, subject to the following load maximums:

(1)

Twenty thousand (20,000) pounds on any one (1) axle, including all enforcement tolerances.

(2)

A tandem axle weight of thirty-four thousand (34,000) pounds, including all enforcement tolerances.

(3)

An overall gross weight of a group of two (2) or more consecutive axles equaling:

W=500/LN + 12N + 36 \ ____________ \ - / 1 where W = overall gross weight on a group of two (2) or more consecutive axles to the nearest five hundred (500) pounds, L = distance in feet between the extreme of a group of two (2) or more consecutive axles, and N = number of axles in the group under consideration; except that two (2) consecutive sets of tandem axles may carry a gross load of thirty-four thousand (34,000) pounds each if the first and last axles of the consecutive sets of tandem axles are not less than thirty-six (36) feet apart. The gross vehicle weight shall not exceed eighty thousand (80,000) pounds, including all enforcement tolerances. Except for a five-axle truck tractor; semitrailer combinations having two (2) consecutive sets of tandem axles, vehicles having a gross weight in excess of eighty thousand (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 subsections (a), (b), and (c). As used in this section, "tandem axle weight" means the total weight transmitted to the road by two (2) or more consecutive axles, the centers of which may be included between parallel transverse vertical planes spaced more than forty (40) inches but not more than ninety-six (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.

(m)

As used in this section:

(1)

"Agricultural commodities" means 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.

(2)

"Emergency public utility work" means work performed to restore public utility service or to eliminate a danger to the public due to a natural disaster, an act of God, or an emergency situation, whether or not a public official has declared an emergency.

(Ord. No. 746, § 2, 9-3-13)