The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5438 February 6, 1979 HIGHWAYS AND ROADS: Weight limitations COUNTIES: Enforcement of weight limitations on county roads CITIES: Enforcement of weight limitations on streets PUBLIC SERVICE COMMISSION: Enforcement of weight limitations on county roads and city streets The Public Service Commission has the authority and the duty to enforce the weight provisions of Sec. 722 of the Motor Vehicle Code, not only on state trunklines, but also on county roads and city streets. John P. Woodford Director Department of State Highways and Transportation 425 West Ottawa Lansing, Michigan You have requested my opinion as to whether the Public Service Commission has the authority and the duty to enforce the weight provisions of the Motor Vehicle Code, Sec. 722, with respect to county roads and city streets, as well as state trunkline highways. Section 722 of the Michigan Motor Vehicle Code, 1949 PA 300; as last amended by 1978 PA 303; MCLA 257.722; MSA 9.1822, specifies maximum wheel and axle loads permitted under State law and methods of computing this weight. However, the statute does not prohibit reasonable regulation by localities of local streets which may require under certain conditions less than the maximal weight limitations contained therein. Fenton Gravel Company v Village of Fenton, 371 Mich 358, 364-365; 123 NW2d 753 (1963). See also OAG, 1977-1978, No 5307 (May 18, 1978). Implicit in this holding is the recognition that the state statute imposing normal maximum weight limitations are applicable to local roads and streets and that local government units, in addressing a local concern, may impose a more stringent maximal limitation on local roads and streets than those imposed in the statute as long as the limitation is not more than the normal maximal limits of the state statute. Section 605 of the Motor Vehicle Code, supra, mandates that the standards of Chapter 6, as found in sections 1949 PA 300, Secs. 601-815, supra, are applicable throughout the State: 'The provisions of this chapter shall be applicable and uniform throughout this State and all political subdivisions and municipalities therein and no local authority shall enact or enforce any ordinance, rule or regulation in conflict with the provisions of this chapter.' MCLA 257.605; MSA 9.2305. The authority of the State Highway Department (1) weighmaster office to enforce these standards on a state-wide basis, was confirmed by OAG, 1961-1962, No 3574, p 133 (July 10, 1961), which stated in conclusion: 'It is my opinion that they [weighmaster] have state-wide authority for the purpose of enforcing the provisions of the Michigan Vehicle Code as it concerns their duties.' The Weighmaster Section of the State Department of Highways was created pursuant to Sec. 724 of the Motor Vehicle Code, 1949 PA 300, MCLA 257.724; MSA 9.1824, which reads in pertinent part, as follows: '(a) Any police officer or any duly authorized agent of the State Highway 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 same by means of either portable or stationary scales . . . and may require that such vehicle be driven to the nearest weighing station of the State Highway Department for the purpose of allowing said officer or agent of the State Highway Department or County Road Commission to determine whether such conveyance is loaded in conformity of this chapter. . . . '(b) . . . When such duly authorized agent of the State Highway Department or County Road Commission is performing his duties under this chapter, he shall have all the powers conferred upon peace officers by the general laws of this state.' (Emphasis added) The authority of the State Highway Department to enforce Sec. 722 of the Motor Vehicle Code, supra, was transferred to the Michigan Public Service Commission by 1964 PA 380, Sec. 238 as added by 1968 PA 77, MCLA 16.338; MSA 3.29(238) which reads as follows: 'The powers, duties and functions of the department of state highways administered by the weighmaster section, relating to the administration and enforcement of the size, weight and load of vehicles provisions of Act No. 300 of the Public Acts of 1949, as amended, being sections 257.1 to 257.923 of the Compiled Laws of 1948, with the exception of section 719(a), 722(f), 725, and 725(a), are transferred to the public service commission of the department of commerce.' Although under prior statute the Michigan Supreme Court had held that inspectors employed by the Public Service Commission were not peace officers, People v Casey, 382 Mich 285; 170 NW2d 145 (1969), this law was amended by 1970 PA 115, MCLA 460.41; MSA 22.119(1), which provides: 'Inspectors appointed by the Public Service Commission in addition to the powers and duties conferred upon them by any other provision of law, shall have all the powers conferred upon peace officers by the general laws of the state of the purposes of enforcing the following acts; . . .. '(e) Act No. 300 of the Public Acts of 1949, as amended, being sections 257.1 to 257.923 of the Compiled Laws of 1948, only with respect to commercial vehicles and their operation.' It is clear from the above-cited statutory authority that the weight restrictions set forth in Sec. 722 of the Motor Vehicle Code, supra, are intended as maximum weights applicable on a state-wide basis not only to state highways but also to county streets and roads. It is my opinion that the Public Service Commission has the authority and the duty to enforce the weight provisions of Sec. 722 of the Motor Vehicle Code, supra, not only on state trunklines but also on county roads and city streets except that the Public Service Commission cannot exercise authority to suspend weight restrictions or impose loading requirements as provided in 1949 PA 300; as last amended by 1975 PA 300, MCLA 257.722; MSA 9.1822, Sec. 722(f). Frank J. Kelley Attorney General (1)