Bill Summary – FastDemocracy

Legislative Analysis
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EXEMPT WRECKERS FROM SPRING WEIGHT
                                                                                  http://www.house.mi.gov/hfa
REDUCTIONS IN CERTAIN CIRCUMSTANCES
                                                                                  Analysis available at
House Bill 4028 (H-2) as reported from committee                                  http://www.legislature.mi.gov
Sponsor: Rep. Dale W. Zorn
House Committee: Transportation, Mobility and Infrastructure
Complete to 10-28-23
SUMMARY:
          House Bill 4028 would amend the Michigan Vehicle Code to exempt a wrecker from seasonal
          reductions in certain maximum axle weights and gross vehicle weight maximums under the
          code. These reductions, often called “frost laws,” are made to protect road surfaces in the spring
          when roadbeds can variably soften as winter ice thaws and refreezes and thaws. 1 (As described
          below, the code currently contains some frost law exemptions, such as for school buses.)
                   Wrecker means a truck with a hoist, towing apparatus, or self-loading flatbed, or any
                   combination of these items, permanently affixed to the truck, used to transport up to
                   two vehicles, but it does not include a motor vehicle equipped with a fifth wheel or a
                   motor vehicle that tows the second vehicle on a trailer.
           Under the bill, the seasonal weight reductions would not apply to remove an accident or a
           disabled or impounded vehicle on restricted roads as long as the wrecker travels at a speed of
           35 miles an hour or less while on a restricted road to remove the accident or disabled or
           impounded vehicle. If required by the county road commission, the wrecker company would,
           as soon as practical, have to notify the commission of the location of the accident or disabled
           or impounded vehicle and provide a statement that the wrecker used to remove the accident or
           disabled or impounded vehicle may have exceeded the weight restrictions. The notification
           could be made electronically or by fax.
           The provisions described above are the same that currently apply to public utility vehicles
           performing emergency public utility work.
           MCL 257.722
FISCAL IMPACT:
           Sections 716 through 726c in Chapter VI of the Michigan Vehicle Code govern the size,
           weight, and load of vehicles and vehicle combinations operating on public highways. In
           general, these sections establish standard or “normal” size, weight, and load maximums;
           provide specific exceptions to the standard maximums; and provide for the enforcement of the
           size, weight, and load maximums, including penalties for violations.
1
    See https://www.canr.msu.edu/news/michigan_counties_are_activating_annual_frost_laws_to_protect_roads
House Fiscal Agency                                                                                 Page 1 of 3
         Wreckers not transporting a disabled vehicle are generally in compliance with the standard
         size, weight, and load requirements. However, in towing other vehicles, and specifically buses
         or large trucks, the wrecker and disabled vehicle combined may exceed those standards.
         Section 716 of the Michigan Vehicle Code 2 currently authorizes wreckers, in combination with
         disabled vehicles, to exceed the normal size and weight limits of the chapter under specific
         circumstances, including under a permit issued by the Michigan Department of Transportation
         (MDOT), as authorized under section 725 of the code. The language governing wreckers was
         added to section 716 in 1998. 3
         MDOT issues approximately 250 permits for wreckers each year. The majority of those permits
         are extended (12-month) overweight permits for which the permit fee is $100. However,
         MDOT also issues some single-use (site- or incident-specific) overweight permits for which
         the permit fee is $30.
         While section 716 only references MDOT, section 725 establishes a permitting process for
         oversized overweight vehicles for both MDOT and local road agencies. It is not clear whether
         local road agencies also issue overweight permits for wreckers.
         Section 716 includes general size, weight, load provisions, including provisions specific to
         wreckers, while section 722 of the code establishes specific weight or load maximums. Section
         722(8) provides for lower maximum axle load limits during the months of March, April, and
         May of each year. These lower limits are referred to as the frost law. In committee hearings on
         an identical bill (SB 640) last session, representatives of tow truck operators testified that,
         despite the general provisions of section 716, some local police agencies have cited wreckers
         for violations of the seasonal loading limits of the frost law.
         House Bill 4028 would amend section 722 to exempt wreckers, under the circumstances
         described above, from seasonal reductions of loading maximums and weight requirements
         established under section 722(8). Note that section 722(8) currently exempts, under specific
         circumstances, vehicles delivering propane fuel, vehicles transporting agricultural
         commodities, certain public utility vehicles, and school buses from frost law limits.
         The bill would have no apparent fiscal impact on state government, specifically MDOT.
         MDOT has indicated that the bill would not change MDOT’s current overweight permitting
         process. MDOT would continue to issue overweight permits to wreckers as provided under
         sections 716 and 725.
         The bill would have no apparent fiscal impact on local road agencies.
         The bill could result in a reduction in civil fine revenue 4 for those local units of government
         that ticket wreckers for violation of the frost laws. That impact would appear to be limited and
         localized.
2
  https://www.legislature.mi.gov/documents/mcl/pdf/mcl-257-716.pdf
3
  http://legislature.mi.gov/doc.aspx?1997-HB-4139
4
  The distribution of civil fine revenue from traffic citations is described in the HFA publication Fiscal Brief: Traffic
Citation Revenue, May 2, 2023, prepared by Robin R. Risko, Associate Director.
https://www.house.mi.gov/hfa/pdf/alpha/fiscal_brief_traffic_citation_revenue_may2023.pdf
House Fiscal Agency                                                           HB 4028 (H-2) as reported       Page 2 of 3
POSITIONS:
       A representative of the Michigan Towing Association testified in support of the bill. (6-14-23)
       The County Road Association indicated support for the bill. (10-11-23)
       The Department of Transportation indicated a neutral position on the bill. (6-14-23)
                                                          Legislative Analyst: E. Best
                                                               Fiscal Analyst: William E. Hamilton
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency                                               HB 4028 (H-2) as reported   Page 3 of 3
Statutes affected: 
Substitute (H-2): 257.722
House Introduced Bill: 257.722
As Passed by the House: 257.722