Michigan Bills Address Overweight Trucks and Physician Recommendations
A Michigan bill introduced by Sen. John Proos, IV (R) on February 15, 2012 has made its way to the Michigan Senate floor. If passed, the bill would “give courts discretion in imposing penalties on trucks that are not overweight overall, but may have one axle carrying more weight than permitted. Under current law a court must impose a $200 fine.”
The bill reads:
- A police officer, a peace officer, or an 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 as a legal weighing device by a qualified person using testing equipment certified or approved by the department of agriculture as a legal weighing device and may require that the vehicle be driven to the nearest weigh station of the state transportation department for the purpose of allowing a police officer, peace officer, or agent of the state transportation department or county road commission to determine whether the vehicle is loaded in conformity with this chapter.
- 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
If passed, the bill would only apply to trucks that have three axles or more that have more than the allowed weight.
The bill must pass the Senate before moving onto the House.
Another proposed bill that would affect CDL holders in Michigan is HB5936. If passed, the bill would allow “for the cancellation of certain licenses and retesting of certain applicants” based on a physician’s recommendation.
HB5936 would allow for the suspension of one’s license based on a physician’s recommendation.
Additionally, the bill would authorize a retest if there is reason to believe a commercial license applicant engaged in fraud.
The bill will be passed to the governor if it’s approved on the House floor.