HB-6103, As Passed House, November 27, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 6103

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 698 (MCL 257.698), as amended by 2018 PA 342.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 698. (1) A motor vehicle may be equipped with not more

 

than 2 side cowl or fender lamps that 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 that emits 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 an operator of a vehicle approaching from the rear.

 

     (4) Unless both covered and or unlit, a vehicle operated 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 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, this state, or any unit of this

 

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 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 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 or green 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,

 

or engaged in other non-winter operations. This subdivision does

 

not prohibit the use of a flashing, rotating, or oscillating green

 

light by a fire service.

 

     (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 or the department of environmental quality that responds

 

to a spill, emergency response action, complaint, or compliance

 

activity may be equipped with flashing, rotating, or oscillating

 

amber or green lights. The lights described in this subdivision

 

shall not be activated unless the vehicle is at the scene of a

 

spill, emergency response action, complaint, or compliance

 

activity. This subdivision does not prohibit the use of a flashing,

 

rotating, or oscillating green light by a fire service.

 

     (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 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 that

 

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 when the warning produced by the

 

lights is required for public safety. A vehicle engaged in

 

authorized highway repair or maintenance may be equipped with

 

flashing, rotating, or oscillating amber or green lights. This

 

subdivision does not prohibit the operator of a vehicle utilized

 

for snow or ice removal under section 682c that is equipped with

 

flashing, rotating, or oscillating amber lights from activating the

 

flashing, rotating, or oscillating amber lights when that vehicle

 

is traveling between locations at which it is being utilized for

 

snow or ice removal.

 

     (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 that 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 that 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 when 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).

 

     (l) A vehicle used as part of a neighborhood watch program may

 

be equipped with flashing, rotating, or oscillating amber lights,

 

if the vehicle is clearly identified as a neighborhood watch

 

vehicle and the neighborhood watch program is working in

 

cooperation with local law enforcement. The lights described in

 

this subdivision shall not be activated when the vehicle is not

 

being used to perform neighborhood watch program duties.

 

     (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 this state, a

 

county or municipality within this state, a person engaged in the

 

business of operating an ambulance or wrecker service, or a

 

federally recognized nonprofit charitable organization that owns

 

and operates an emergency support vehicle used exclusively for

 

emergencies. This subsection does not prohibit an authorized

 

emergency 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 authorized 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 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 punishable by

 

imprisonment for not more than 90 days or a fine of not more than

 

$100.00, or both.

 

     (7) A private motor vehicle of a security guard agency or

 

alarm company licensed under the private security business and

 

security alarm act, 1968 PA 330, MCL 338.1051 to 338.1092, 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 does not prohibit, restrict, or limit the use

 

of lights authorized or required under sections 697, 697a, and

 

698a.

 

     (9) A person who operates a vehicle in violation of subsection

 

(1), (2), (3), or (4) is responsible for a civil infraction.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.