Michigan Trailer Laws Overview
The Michigan Secretary of State has a lengthy guideline for trailer laws in the state. When you own a trailer, you are responsible for knowing the laws in your state. It may seem tedious and time-consuming, but it saves you time and money in the long run.
The trailer laws in Michigan are very specific and heavily regulated. There are 11 different types of trailers and almost as many different titles for those trailers. The different title types for trailers include: utility/utility dump trailer, camping trailer, boat trailer, horse trailer, farm vehicle with special body, special body trailer, travel trailer, motorcycle trailer, all-purpose vehicle, truck tractor and truck tractor cargo/motorcycle. While these examples are not a complete list, they are some of the most common trailer types that people may use or own in Michigan.
Michigan trailer laws are primarily under the jurisdiction of the Michigan Department of State. The state asks that you go to your local Department office or one of their numerous branch offices for more information on Michigan trailer laws.
The Michigan Department of State defines a utility trailer as any other type of trailer not mentioned above. Motor vehicles cannot be used to pull trailers and automobiles cannot be used to pull boats .
Out-of-state trailers must be registered to operate in Michigan. Michigan registered trailers no longer require an annual sticker since 2002, but the state does grant one grace period. However, the grace period does not apply to commercial trucks and trailers, trailers being manufactured or imported or farm trucks and trailers.
Trailers with a loaded gross weight of greater than 2,500 pounds must weigh 2,500 pounds for a title. Truck tractors and truck tractor-cargo/motorcycle trailers must weigh 4,000 lbs. for a title. Trailers weighing 3,000 lbs. or more do not need a weight certificate for a trailer if they were weighed in Michigan within the previous 12 months.
Trailer must have a Michigan certificate of title. That is true no matter if you received the trailer as a gift, paid for it inside and outside of Michigan, received it from a division in the same family or received it because of a divorce or separation. Many people who own boats also own a trailer for them as well. If you own a trailer but not the boat, you still need a title if the trailer weighs more than 2,500 lbs.
Michigan trailer laws are clear and concise, but understanding that trailer laws may be a bit more difficult.
Trailer Registration in Michigan
In the state of Michigan, a substantial number of vehicles on the roadways are trailers. Campers and travel trailers have increased in popularity, along with the family utility trailer and business-related utility trailer. These trailers often range in size from the very small to very large, including tow-behind trailers, larger boat trailers, and even 5th-wheel trailers, which are all capable of reaping havoc through failed registration compliance or lack of trailer insurance. Who knew that the family utility trailer could be such a worthwhile asset? The good news for all is that Michigan trailer insurance as a requirement is not required for everyone, only for those who have a commercial or business related trailer.
Trailers and utility trailers fall into two general categories, non-commercial and commercial. For most individuals, who use their trailers for occasional family use, this distinction will be critical. Commercial trailers are those most typically rented out to businesses or individuals for their use. These trailers are typically rented out for a daily rental plus charge mileage fees. The rental for such trailers is generally governed by a rental agreement between the parties to the transaction. In such cases, compliance with registration requirements is a commercial concern with business implications.
On the other hand, non-commercial trailers or utility trailers are used most often by the general public for personal use, i.e., an occasional family camping trip using their popup trailer or utility trailer, or for the family boat or RV. Some will use a utility trailer on a weekend get-away or to transport goods or equipment to the cottage or beach in Northern Michigan. The best example of this type of utility trailer is that of the family utility trailer. The family utility trailer is used primarily if not exclusively to transport the family’s beach items or other goods necessary for camping or boating at the family cottage. Other examples might include a snowmobile trailer, a boat trailer, or even the proverbial "mom and pop" food truck. The important factor is that this type of trailer is intended for limited, non-commercial use. It is interesting to note that even though these types of trailers are often not used for commercial purposes, they are still required to be compliant with regular plate renewals every year for Michigan residents.
It is important for the trailer owner to understand the circumstances triggering registration and when registration requirements first come into play. As a general rule, compliance with trailer registration and licensing is required no later than the following: It should be noted that these timeframes are measured in calendar days and begin on the day after the triggering event occurs. For example, for a trailer purchased from an individual on December 15, the triggering time period would begin on December 16, and if the trailer is not licensed or registered, compliance would be required no later than 12 days later (December 28), or if uninsured, by January 4.
Again, it should be noted that trailer registration fees are payable on an annual basis or semi-annual basis. Put simply, you must comply with annual or semi-annual registration requirements within a reasonable time after purchasing the trailer from the seller or taking possession of the trailer for the year and each year thereafter. Each vehicle must be registered with the State of Michigan prior to its use on Michigan roadways.
Everyone seems to hate going to the Secretary of State’s office, but each county office has its own history of issues and delays. It can be miserable waiting in line at the local DMV (Department of Motor Vehicles) just to sometimes be turned away without the ability to register your trailer. It is suggested that you first check the website for the local Secretary of State’s office serving your area to see what types of forms and documentation will be required, and scheduling an appointment if necessary. People have had tiring and fruitless waits at the local Secretary of State’s office, especially if they were turned away because of improper, incomplete or wrong documentation. Make sure that you bring the paperwork you need, and save yourself a trip.
Michigan Trailer Towing Laws and Regulations
Although there is not a separate Michigan statute book dealing with trailer laws, there are regulations in most articles of the Michigan Vehicle Code concerning the towing of trailers. These regulations set forth the requirements for safety equipment to be used for the towing of such vehicles. Examples of such safety equipment include flags and lights.
As to the speed limit for towing trailers or vehicle combinations containing trailers, it is set forth in the Michigan Basic Speed Law, MCL 257.628. Depending on the area, the speed limits set by the law for the towing of trailers range from 15 miles per hour to 65 miles per hour. The Michigan Vehicle Code sets forth the conditions under which the highest speed limit of 70 miles per hour is permitted. This includes that the gross weight of the vehicle combination, including the trailer being used for towing, may not exceed 80,000 pounds; and that the vehicle or vehicle combination be operated on specified portions of the interstate highway system and other highways designated by the Department of Transportation. Particular highways are designated on a list maintained on the Michigan State Police Website, www.michigan.gov/msp.
Motorists operating vehicles with trailers need to be careful not to engage in any conduct that might be considered negligent towing or reckless towing. Negligent or reckless towing can give rise to liability in case of an accident. There is no Michigan statute under which a person is liable for negligently towing a trailer. Examples of some reckless or negligent towing include pulling a trailer over the speed limit, left lane driving in violation of Michigan left lane driving laws, use of a trailer that is unstable or with defective brakes, and unsafe lane change with the presence of a trailer.
Failure to adhere to applicable Michigan trailer laws can give rise to fault in liability for damages in case of an accident, as shown by the decisions in Woolf v Reavis, 164 Mich App 554, 557-558 (1987), Leebens v Montgomery, 80 Mich App 583, 590, leave denied 407 Mich 855 (1979), and Bartolic v State Farm Ins Co, 153 Mich App 761, 765 (1986). Similarly, a failure of a claimant to comply with the provisions of the trailer motor vehicles safety law, or a driver’s failure to comply with a statute setting forth the proper position for a trailer on the roadway can be considered a proximate cause of a fatal truck accident under Michigan law, as established in Freid v General Motors Corp, 261 Mich App 188 (2004).
Failure to adhere to Michigan vehicle and traffic laws in towing accidents may also be found as evidence of comparative negligence under ยง31 of the Michigan Comparative Negligence Act, MCL 600.2946(2).
Michigan Trailer Size and Weight Laws
All trailers, regardless of whether they are registered, must be less than 8 feet in width and less than 65 feet in length. A recent law enacted makes these size restrictions inapplicable to trailers pulled by straight trucks, but for your normal passenger vehicle, this law is applicable. Trailers (other than trailers not required to be registered under section 803) – not including a house trailer – with a gross weight or registered gross weight of 10,000 pounds or more may not have a width in excess of eight feet, a height of more than 13 feet 6 inches, and a length of more than 45 feet, unless the trailer qualifies as an oversize load. Trailers registered for a gross weight of 10,000 pounds and more must display a flag. The maximum weight allowed on all highways in Michigan is 164,000 pounds. While there are exceptions to this rule, the same rules listed above will apply. This means that you cannot have a gross weight of over 164,000 pounds and that you must have a permit if your truck and its load will bring you heavier than this number. More specific weights are given based on the number of axles your truck has. To measure the weight, you obtain scales and weigh the truck or trucks. The MI State Police statewide weigh trucks at weigh stations or weigh lanes if you’re diverted onto them. Under no circumstances should you operate a truck and trailer, or just a trailer, with a gross weight over the legal weight limits. These limits are set for safety, not profit. The state also requires use of special rules for semi-trucks, depending on the axle configuration. For example, if you are pulling a tandem axle close-coupled trailer (a trailer attached to the tractor at the rear axle and steer axle) you may not exceed 80,000 pounds gross weight for the semitruck and trailer combination in order to comply with the federal law. If the trailer is not close-coupled, it may not exceed 80,000 pounds gross weight for the semitruck and trailer combination in order to comply with state law.
Lights, Signals, and Markers for Michigan Trailers
In addition to the operation rules and safety equipment standards, Michigan law requires trailers over a certain weight to be equipped with specific lighting and signal requirements. Trailers are required to have the following lights: at least one and not more than 2 rear lamps and one of them must be L.E.D. light. The placement of rear trailer lights must be no more than 72 inches or less than 20 inches from the ground. Front trailer clearance lamps must be amber and installed on the trailer in front of, above and on both opposite sides of the body. They must be either mounted single or in combination, including lens combinations with stop or taillamps. Side trailer clearance lamps must be amber and installed on each side of the trailer. Side marker lamps must be amber and installed on the front and rear sides of trailer. On a semitraILER , it must be mounted at the midheight with cantalever marking by amber reflective tape. Rear trailer clearance lamps must red and installed at the top of the rear of the trailer on each side. Tailamps must be red and installed at the top near the back of the trailer on both sides. It can also be combined with the stoplamps. Stoplanps must be red and must be installed on trailers over 80 inches. The length of the stoplamp must not exceed its width. Must be the same height as the tailamps. Turn signals on trailers less than 80 inches must be red. Turn signals on trailers over 80 inches must be amber. The left turn signal must be installed and lighted on the left side near the rear of the trailer. The right signal must be installed and lighted on the right side of the trailer.
Trailer Inspections & Insurance Requirements in Michigan
In Michigan, most vehicles on the road require routine safety inspections. Trailers are generally no different. How often safety inspections are needed and the type of inspections that are required can vary depending on the kind of trailer you own and its intended use.
For example, utility trailers, which are commonly used for towing dirt bikes and ATVs or for other similar purposes, do not require safety inspections. On the other hand, if you own one or more trailers equipped with air brakes, you are required to have an annual inspection by a mechanic certified to perform such inspections. The Michigan State Police authorizes more than 950 qualified mechanics across the state who meet its standards for inspection of air-brake equipped trailers.
The Inspection Process
Trailers that are required to undergo inspection must be done in accordance with the Michigan State Police standards for trailer inspection. The inspection process requires the mechanic to provide a detailed record of findings, including the configuration of axles and braking systems.
The mechanic performing the work must complete and provide the owner of the trailer with a completed fully executed form relating to this and any other inspection performed on the trailer. The trailer owner received a copy of the completed inspection (and any other records related to the inspection that have been required in the past) must keep the inspection report in the trailer and produce the report to law enforcement officers of the Michigan State Police on request.
The trailer owner is responsible for maintaining all maintenance records and documentation for all inspections. All of this information is subject to audit by state government. The trailer owner must authorize the mechanic that performed the work to provide the information on request to law enforcement officials.
The Cost of Inspection
Trailers that do not require inspection are generally those with a gross weight rating of 10,000 pounds or less. Inspection is only required for trailers weighing gross weight of over 10,000 pounds. The inspection fee for Michigan trailers is $20.
Insurance Requirements
In Michigan, the type of insurance coverage required for a trailer depends on how the trailer will be used. The minimum insurance requirement is $50,000 in property damage liability insurance. But additional insurance coverage may be required, including underinsured motorist coverage. Liability insurance is also required on trailers over 2,500 pounds.
Enforcement of Insurance Requirements
Government authorities can enforce insurance requirements for trailers from roadside. Anyone who operates a trailer that does not have the minimum insurance requirements can be issued a cease-and-desist order and be charged with violating the Michigan No Fault Insurance Act.
Exceptions to the Requirements
The requirements relating to trailer inspections and insurance do not apply if you are using your trailer for personal use on your private property.
Common Offenses & Penalties for Trailer Law Violations in Michigan
The Michigan Department of State is serious about enforcing its trailer laws. Motorists caught violating them might incur fines and legal ramifications that can be frustrating. It’s thoughtful to keep abreast of the penalties you might encounter if you violate a trailer law.
If the police pull you over for a trailer law violation, they will issue a ticket specifying the exact law you have violated. Included on this ticket will be the fine amount. The fine for having an expired or missing plate sticker is $120. If your trailer lacks title and insurance, you will pay $125. There is also a fine of $25 for using an ineligible vehicle for hauling a trailer. An improperly attached trailer will cost you $40.
You might be able to avoid paying these fines if your trailer is properly registered or you are able to prove that you were in the process of securing new plates for your trailer when you were stopped. However, penalties associated with unregistered trailers are much steeper. The fine for unregistered trailers is $185. Sometimes drivers will mistakenly pay their tickets only to face further judicial action at a later time. If you pay the fine, you are effectively admitting that you were guilty of committing a misdemeanour. This means that you might be penalized again in the future.
Recent Michigan Trailer Law Changes
Over the years, the statute governing the registration of trailers and the impact of the Michigan No Fault Act on trailers has changed. In 2012, P.A. 303 repealed MCL 257.217 which was a statutory limitation on the amount of lifiting a lien could attach to a trailer for insurance purposes such that the insurance policy was limited to $3,500.00 based upon the trailer’s gross vehicle weight. The carrier based this upon an interpretation of MCL 500.3106 with respect to when a personal automobile is being used as a commercial automobile. This limitation was not in the No-Fault Act when MCL 500.3106 defined the term "motor vehicle" or "motor vehicle liability policy", which excluded trailers. Later a trailer was defined, hence the $3,500.00 limitation.
In either event, trailers are covered vehicles by statute enacted in 1989. There was also a significant argument concerning MCL 500.3106(1) which suggested that an insurer of a non-fault owner was only required to pay $2500.00 with respect to the trailer and the impact of the statute in Peters v. DAIIE, 192 Mich App 572 (1991). In 1996, the Michigan No Fault Act was amended in such a way that any dispute as to whether a commercial trailer was being used in a manner to fall within the scope of a motor vehicle liability policy was to be decided by the No Fault act. MCL 500.3106(1)(a). The same amendment increased the limit of a commercial trailer to $200 , 000.00. Accordingly, Section 3106(4) states in pertinent part the following:
A person is not entitled to recover residual bodily or other personal injury protection benefits . . . for accidental bodily injury arising out of the ownership, operation, maintenance, or use of a motor vehicle, motorboat, aircraft, or trailer unless at the time of the accident the injured person was a named insured, a qualified injured person, a person otherwise entitled to insurance benefits under section 3105 [MCL500.3105], an individual listed in section 3114(2) [MCL500.3114(2)], or, subject to the restrictions of subsection 5 , a person engaged in one of the activities specified in subsections 1 and 2 of this section. (Emphasis added.)
MCL 500.3106(4) (2008)
That is, the legislature recognized the dangerous condition of trailers and made those who had ownership, maintenance, lease, or other control over the trailer responsible for the extent of damages that could be generated by the trailer. This approach resulted in keeping the coverage and restrictions of MCL 500.3106(4) uniform for personal compensable trailer causes of action. With the above, the legislature had intended to correct two major problems: 1) clarify the ownership, maintenance and use of trailers for No Fault Act purposes; and 2) insure that those who would try and get the trailer in the cause of action would be subject to the personal injury of the individual in the trailer.