SB-0477, As Passed Senate, December 6, 2017

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 477

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 653a and 653b (MCL 257.653a and 257.653b),

 

section 653a as added by 2000 PA 458 and section 653b as added by

 

2008 PA 464.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 653a. (1) Upon approaching and passing a stationary

 

authorized emergency vehicle that is giving a visual signal by

 

means of flashing, rotating, or oscillating red, blue, or white, or

 

amber lights as permitted by section 698, the driver of an

 

approaching vehicle shall exhibit due care and caution, as required

 

under the following:

 

     (a) On any public roadway with at least 2 adjacent lanes

 

proceeding in the same direction of the stationary authorized

 


emergency vehicle, the driver of the approaching vehicle shall

 

proceed with caution, reduce his or her speed by at least 10 miles

 

per hour below the posted speed limit, and yield the right-of-way

 

by moving into a lane at least 1 moving lane or 2 vehicle widths

 

apart from the stationary authorized emergency vehicle, unless

 

directed otherwise by a police officer. If movement to an adjacent

 

lane or 2 vehicle widths apart is not possible due to weather, road

 

conditions, or the immediate presence of vehicular or pedestrian

 

traffic in parallel moving lanes, the driver of the approaching

 

vehicle shall proceed as required in subdivision (b).

 

     (b) On any public roadway that does not have at least 2

 

adjacent lanes proceeding in the same direction as the stationary

 

authorized emergency vehicle, or if the movement by the driver of

 

the vehicle into an adjacent lane or 2 vehicle widths apart is not

 

possible as described in subdivision (a), the approaching vehicle

 

shall reduce and maintain a safe speed for weather, road

 

conditions, and vehicular or pedestrian traffic and proceed with

 

due care and caution and reduce his or her speed by at least 10

 

miles per hour below the posted speed limit, or as directed by a

 

police officer.

 

     (2) Except as provided in subsections (3) and (4), a person

 

who violates this section is guilty of a misdemeanor punishable by

 

a fine of not more than $500.00 or imprisonment for not more than

 

90 days, or both.

 

     (3) A person who violates this section and causes injury to a

 

police officer, firefighter, or other emergency response personnel

 

in the immediate area of the stationary authorized emergency


vehicle is guilty of a felony punishable by a fine of not more than

 

$1,000.00 or imprisonment for not more than 2 years, or both.

 

     (4) A person who violates this section and causes death to a

 

police officer, firefighter, or other emergency response personnel

 

in the immediate area of the stationary authorized emergency

 

vehicle is guilty of a felony punishable by a fine of not more than

 

$7,500.00 or by imprisonment for not more than 15 years, or both.

 

     (5) The operator of a vehicle upon a highway that has

 

been divided into 2 roadways by leaving an intervening space, or by

 

a physical barrier or clearly indicated dividing sections so

 

constructed as to impede vehicular traffic, is not required to

 

reduce his or her speed or yield the right-of-way for an authorized

 

emergency vehicle that is stopped across the dividing space,

 

barrier, or section.

 

     Sec. 653b. (1) Upon Except when in a work zone as defined in

 

section 79d, upon approaching and passing a stationary solid waste

 

collection vehicle, a utility service vehicle, or a road

 

maintenance vehicle that is giving a visual signal by means of

 

flashing, rotating, or oscillating amber lights as permitted by

 

section 698, the driver of an approaching vehicle shall

 

reduce to and maintain a safe speed for weather, road conditions,

 

and vehicular or pedestrian traffic and exhibit due care and

 

caution, as required under the following:

 

     (a) On any public roadway with at least 2 adjacent lanes

 

proceeding in the same direction of the stationary solid waste

 

collection vehicle, utility service vehicle, or road maintenance

 

vehicle, or upon which an individual performing surveying work or a


construction worker in the process of establishing a work zone as

 

defined in section 79d is present, the driver of the approaching

 

vehicle shall proceed with caution, reduce his or her speed by 10

 

miles per hour, and yield the right-of-way by moving into a lane at

 

least 1 moving lane or 2 vehicle widths apart from the stationary

 

solid waste collection vehicle, utility service vehicle, road

 

maintenance vehicle, individual performing surveying work, or

 

construction worker, unless directed otherwise by a police officer.

 

If movement to an adjacent lane or 2 vehicle widths apart is not

 

possible due to weather, road conditions, or the immediate presence

 

of vehicular or pedestrian traffic in parallel moving lanes, the

 

driver of the approaching vehicle shall proceed as required in

 

subdivision (b).

 

     (b) On any public roadway that does not have at least 2

 

adjacent lanes proceeding in the same direction as the stationary

 

solid waste collection vehicle, utility service vehicle, or road

 

maintenance vehicle, or upon which an individual performing

 

surveying work or a construction worker in the process of

 

establishing a work zone as defined in section 79d is present, or

 

if the movement by the driver of the vehicle into an adjacent lane

 

or 2 vehicle widths apart is not possible as described in

 

subdivision (a), the approaching vehicle shall proceed with due

 

care and caution and reduce his or her speed by 10 miles per hour.

 

     (2) The operator of a vehicle upon a highway that has been

 

divided into 2 roadways by leaving an intervening space, or by a

 

physical barrier or clearly indicated dividing sections so

 

constructed as to impede vehicular traffic, is not required to


reduce his or her speed or yield the right-of-way for a stationary

 

solid waste collection vehicle, utility service vehicle, or road

 

maintenance vehicle that is stopped across the dividing space,

 

barrier, or section or for an individual performing surveying work

 

or a construction worker in the process of establishing a work zone

 

as defined in section 79d who is present on the dividing space,

 

barrier, or section.

 

     (3) (2) As used in this section:

 

     (a) "Road maintenance authority" means any of the following:

 

     (i) The state department of transportation.

 

     (ii) A local authority.

 

     (iii) An entity operating under contract with the state

 

department of transportation or a local authority to provide road

 

construction or road maintenance services.

 

     (b) "Road maintenance vehicle" means a vehicle owned or

 

operated by a road maintenance authority.

 

     (c) "Solid waste" means that term as defined in section 11506

 

of the natural resources and environmental protection act, 1994 PA

 

451, MCL 324.11506.

 

     (d) "Solid waste collection vehicle" means a solid waste

 

transporting unit that is used for the curbside collection of

 

municipal solid waste.

 

     (e) "Solid waste hauler" means that term as defined in section

 

11506 of the natural resources and environmental protection act,

 

1994 PA 451, MCL 324.11506.

 

     (f) "Solid waste transporting unit" means that term as defined

 

in section 11506 of the natural resources and environmental


protection act, 1994 PA 451, MCL 324.11506.

 

     (g) "Utility provider" means an entity that does any of the

 

following and that is regulated as a utility under the laws of this

 

state or of the United States:

 

     (i) Generates or distributes electrical power to the public.

 

     (ii) Generates or distributes natural gas to the public.

 

     (iii) Provides sewage collection services to the public.

 

     (iv) Provides water distribution services to the public.

 

     (v) Provides telephone services to the public.

 

     (vi) Provides cable or video services to the public.

 

     (h) "Utility service vehicle" means a vehicle owned or

 

operated by a utility provider.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.