November 10, 2009, Introduced by Senator GILBERT and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 698 (MCL 257.698), as amended by 1998 PA 247,
and by adding section 682c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 682c. (1) A person shall not operate a commercial snow
removal vehicle to remove snow or ice on a public roadway or in a
parking lot accessible for use by the public unless both of the
following apply:
(a) The vehicle is operated with at least 1 flashing,
rotating, or oscillating yellow or amber light that is clearly
visible in a 360-degree arc from a distance of 500 feet when in
use.
(b) The vehicle is operated with a reverse signal alarm
audible above the surrounding noise level or the vehicle is backed
up only when an observer signals that it is safe to do so.
(2) A person who owns or leases a commercial snow removal
vehicle used to remove snow or ice on a public roadway or in a
public parking lot shall not knowingly allow a person to operate
that vehicle in violation of subsection (1).
(3) As used in this section:
(a) "Commercial snow removal vehicle" means a vehicle equipped
with a plow or other device that is used to remove snow or ice for
payment or other remuneration.
(b) "Person" includes this state and political subdivisions of
this state.
(4) A person who violates this section is guilty of a
misdemeanor punishable by imprisonment for not more than 90 days or
a fine of not more than $500.00, or both.
Sec. 698. (1) A motor vehicle may be equipped with not more
than
2 side cowl or fender lamps which that shall emit an amber or
white light without glare.
(2) A motor vehicle may be equipped with not more than 1
running
board courtesy lamp on each side which that shall emit a
white or amber light without glare.
(3) Backing lights of red, amber, or white may be mounted on
the rear of a motor vehicle if the switch controlling the light is
so arranged that the light may be turned on only if the vehicle is
in reverse gear. The backing lights when unlighted shall be covered
or otherwise arranged so as not to reflect objectionable glare in
the eyes of a driver of a vehicle approaching from the rear.
(4) Unless both covered and unlit, a vehicle driven on the
highways of this state shall not be equipped with a lamp or a part
designed to be a reflector unless expressly required or permitted
by
this chapter or that meets the standards prescribed in 49 C.F.R.
CFR 571.108. A lamp or a part designed to be a reflector, if
visible from the front, shall display or reflect a white or amber
light; if visible from either side, shall display or reflect an
amber or red light; and if visible from the rear, shall display or
reflect a red light, except as otherwise provided by law.
(5) The use or possession of flashing, oscillating, or
rotating lights of any color is prohibited except as otherwise
provided by law, or under the following circumstances:
(a) A police vehicle shall be equipped with flashing,
rotating, or oscillating red or blue lights, for use in the
performance of police duties.
(b) A fire vehicle or ambulance available for public use or
for use of the United States, the state, or any unit of the state,
whether publicly or privately owned, shall be equipped with
flashing, rotating, or oscillating red lights and used as required
for safety.
(c)
An authorized emergency vehicle as defined in section 2
may be equipped with flashing, rotating, or oscillating red lights
for use when responding to an emergency call if when in use the
flashing, rotating, or oscillating red lights are mounted on the
roof section of the vehicle, either as a permanent installation or
by means of suction cups or magnets and are clearly visible in a
360-degree arc from a distance of 500 feet when in use. A person
operating lights under this subdivision at any time other than when
responding to an emergency call is guilty of a misdemeanor.
(d) Flashing, rotating, or oscillating amber lights, placed in
a position as to be visible throughout an arc of 360 degrees, shall
be used by a state, county, or municipal vehicle engaged in the
removal
of ice, snow, or other material from the highway. and
in
other
operations designed to control ice and snow.
(e) A vehicle used for the cleanup of spills or a necessary
emergency response action taken pursuant to state or federal law or
a vehicle operated by an employee of the department of natural
resources that responds to a spill, emergency response action,
complaint, or compliance activity may be equipped with flashing,
rotating, or oscillating amber lights. Such lights shall not be
activated unless the vehicle is at the scene of a spill, emergency
response action, complaint, or compliance activity.
(f) A vehicle to perform public utility service, a vehicle
owned or leased by and licensed as a business for use in the
collection and hauling of refuse, an automobile service car or
wrecker, a vehicle engaged in authorized highway repair or
maintenance, a vehicle of a peace officer, a vehicle operated by a
rural letter carrier or a person under contract to deliver
newspapers or other publications by motor route, a vehicle utilized
for snow or ice removal under section 682c, a private security
guard vehicle as authorized in subsection (7), a motor vehicle
while engaged in escorting or transporting an oversize load that
has been issued a permit by the state transportation department or
a local authority with respect to highways under its jurisdiction,
a vehicle owned by the national guard or a United States military
vehicle while traveling under the appropriate recognized military
authority, a motor vehicle while towing an implement of husbandry,
or an implement of husbandry may be equipped with flashing,
rotating, or oscillating amber lights. However, a wrecker may be
equipped with flashing, rotating, or oscillating red lights which
shall be activated only when the wrecker is engaged in removing or
assisting a vehicle at the scene of a traffic accident or
disablement. The flashing, rotating, or oscillating amber lights
shall not be activated except in those circumstances that the
warning produced by the lights is required for public safety.
(g) A vehicle engaged in leading or escorting a funeral
procession or any vehicle that is part of a funeral procession may
be equipped with flashing, rotating, or oscillating purple or amber
lights which shall not be activated except during a funeral
procession.
(h) An authorized emergency vehicle may display flashing,
rotating, or oscillating white lights in conjunction with an
authorized emergency light as prescribed in this section.
(i) A private motor vehicle of a physician responding to an
emergency call may be equipped with and the physician may use
flashing, rotating, or oscillating red lights mounted on the roof
section of the vehicle either as a permanent installation or by
means
of magnets or suction cups and clearly visible in a 360-
degree arc from a distance of 500 feet when in use. The physician
shall first obtain written authorization from the county sheriff.
(j) A public transit vehicle may be equipped with a flashing,
oscillating, or rotating light mounted on the roof of the vehicle
approximately 6 feet from the rear of the vehicle which displays a
white light to the front, side, and rear of the vehicle, which
light may be actuated by the driver for use only in inclement
weather such as fog, rain, or snow, when boarding or discharging
passengers, from 1/2 hour before sunset until 1/2 hour after
sunrise, or where conditions hinder the visibility of the public
transit vehicle. As used in this subdivision, "public transit
vehicle" means a motor vehicle, other than a station wagon or
passenger van, with a gross vehicle weight rating of more than
10,000 pounds.
(k) A person engaged in the manufacture, sale, or repair of
flashing, rotating, or oscillating lights governed by this
subsection may possess the lights for the purpose of employment,
but shall not activate the lights upon the highway unless
authorized to do so under subsection (6).
(6) A person shall not sell, loan, or otherwise furnish a
flashing, rotating, or oscillating blue or red light designed
primarily for installation on an authorized emergency vehicle to a
person except a police officer, sheriff, deputy sheriff, authorized
physician, volunteer or paid fire fighter, volunteer ambulance
driver, licensed ambulance driver or attendant of the state, a
county or municipality within the state, a person engaged in the
business of operating an ambulance or wrecker service, or a
federally recognized nonprofit charitable organization which owns
and operates an emergency support vehicle used exclusively for
emergencies. This subsection does not prohibit an authorized
vehicle, equipped with flashing, rotating, or oscillating blue or
red lights, from being operated by a person other than a person
described in this section if the person receives authorization to
operate the emergency vehicle from a police officer, sheriff,
deputy sheriff, authorized physician, volunteer or paid fire
fighter, volunteer ambulance driver, licensed ambulance driver or
attendant, a person operating an ambulance or wrecker service, or a
federally
recognized nonprofit charitable organization which that
owns and operates an emergency support vehicle used exclusively for
emergencies, except that the authorization shall not permit the
person to operate lights as described in subsection (5)(a), (b),
(c), (i), or (j), or to exercise the privileges described in
section 603. A person who operates an authorized emergency vehicle
in violation of the terms of an authorization is guilty of a
misdemeanor.
(7) A private motor vehicle of a security guard agency or
alarm
company licensed pursuant to under
the private security guard
act
of 1968, 1968 PA 330, MCL 338.1051 to 338.1085 338.1083,
may
display flashing, rotating, or oscillating amber lights. The
flashing, rotating, or oscillating amber lights shall not be
activated on a public highway when a vehicle is in motion.
(8) This section shall not be construed to prohibit, restrict,
or limit the use of lights authorized or required under sections
697, 697a, and 698a.
(9) A person who violates subsection (1), (2), (3), or (4) is
responsible for a civil infraction.