HOUSE BILL No. 5094


     September 25, 2001, Introduced by Reps. Richner, Scranton, Drolet and Birkholz and referred to the Committee on Transportation.


        A bill to amend 1949 PA 300, entitled

   "Michigan vehicle code,"

   by amending section 653a (MCL 257.653a), as added by 2000 PA

   458.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

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      authorized emergency vehicle that is giving a visual signal by

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

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

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      vehicle shall exhibit due care and caution, as required under the

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      following:

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

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      proceeding in the same direction of the stationary authorized

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      emergency vehicle, the driver of the approaching vehicle shall

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      proceed with caution and yield the right-of-way by moving into a


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

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      stationary authorized emergency vehicle, unless directed other-

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      wise by a police officer.  If movement to an adjacent lane or 2

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      vehicle widths apart is not possible due to weather, road condi-

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      tions, or the immediate presence of vehicular or pedestrian traf-

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      fic in parallel moving lanes, the driver of the approaching vehi-

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      cle shall proceed as required in subdivision (b).

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

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      adjacent lanes proceeding in the same direction as the stationary

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

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      the vehicle into an adjacent lane or 2 vehicle widths apart is

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      not possible as described in subdivision (a), the approaching

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      vehicle shall reduce and maintain a safe speed for weather, road

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      conditions, and vehicular or pedestrian traffic and proceed with

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      due care and caution, or as directed by a police officer.

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

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      who violates this section is  guilty of a misdemeanor punishable

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

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      than 90 days, or both  RESPONSIBLE FOR A CIVIL INFRACTION.

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

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      a police officer, firefighter, or other emergency response per-

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      sonnel in the immediate area of the stationary authorized emer-

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      gency vehicle is guilty of a felony punishable by a fine of not

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

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      both.

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

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      police officer, firefighter, or other emergency response



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      personnel in the immediate area of the stationary authorized

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      emergency vehicle is guilty of a felony punishable by a fine of

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      not more than $7,500.00 or by imprisonment for not more than

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      15 years, or both.
















































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