HOUSE BILL No. 5382

 

 

January 10, 2018, Introduced by Rep. Schor and referred to the Committee on Transportation and Infrastructure.

 

     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:

 

     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

 

lights as permitted by section 698 , or a construction worker, the

 

driver of an approaching vehicle shall exhibit due care and

 

caution, as required under the following:

 

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

 

proceeding in the same direction of the stationary authorized

 


emergency vehicle or a public roadway with at least 2 adjacent

 

lanes proceeding in the same direction upon which a construction

 

worker is present, the driver of the approaching vehicle shall

 

proceed with caution 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 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 a public roadway that does not have at least 2

 

adjacent lanes proceeding in the same direction as the stationary

 

authorized emergency vehicle or a public roadway that does not have

 

at least 2 adjacent lanes proceeding in the same direction upon

 

which a construction worker 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 reduce and maintain a safe speed for

 

weather, road conditions, and vehicular or pedestrian traffic and

 

proceed with due care and caution, 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, or who violates this section and causes injury to a

 

construction worker, 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, or who violates this section and causes death to a

 

construction worker, 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) As used in this section, "construction worker" means an

 

individual performing construction, maintenance, surveying, or

 

utility work as part of a road maintenance, repair, or construction

 

project, including setting up, maintaining, or taking down a work

 

zone, if a road maintenance or construction vehicle is present in

 

the area where the individual is performing the work and the

 

vehicle displays flashing, rotating, or oscillating amber or green

 

lights.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.