SENATE BILL NO. 538

June 15, 2021, Introduced by Senator LAUWERS and referred to the Committee on Transportation and Infrastructure.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 33, 35a, 36, 605, 649, 657, 660, and 662 (MCL 257.33, 257.35a, 257.36, 257.605, 257.649, 257.657, 257.660, and 257.662), section 33 as amended by 2018 PA 391, sections 35a and 36 as amended by 2013 PA 231, section 605 as amended by 2011 PA 159, section 649 as amended by 2018 PA 109, sections 657 and 662 as amended by 2018 PA 204, and section 660 as amended by 2018 PA 394, and by adding sections 2c, 612a, and 657b.

The people of the state of michigan enact:

Sec. 2c. "Automated delivery device" means a self-propelled device that meets all of the following requirements:

(a) Is used to transport goods or perform services.

(b) Does not transport a human operator or passenger.

(c) Is not more than 32 inches wide.

(d) Weighs less than 1,000 pounds.

(e) Has a maximum attainable speed of 25 miles per hour or less.

(f) Uses an automated driving system.

Sec. 33. "Motor vehicle" means every vehicle that is self-propelled, but for purposes of chapter 4, IV, motor vehicle does not include industrial equipment such as a forklift, a front-end loader, or other construction equipment that is not subject to registration under this act. Motor vehicle does not include a power-driven mobility device when that power-driven mobility device is being used by an individual with a mobility disability. Motor vehicle does not include an electric patrol vehicle being operated in compliance with the electric patrol vehicle act, 1997 PA 55, MCL 257.1571 to 257.1577. Motor vehicle does not include an electric personal assistive mobility device. Motor vehicle does not include an electric carriage. Motor vehicle does not include a commercial quadricycle. Motor vehicle does not include an electric bicycle. Motor vehicle does not include an electric skateboard. Motor vehicle does not include an automated delivery device.

Sec. 35a. (1) "Operate" or "operating" means 1 or more of the following:

(a) Being in actual physical control of a vehicle. This subdivision applies regardless of whether or not the person is licensed under this act as an operator or chauffeur.

(b) Causing an automated motor vehicle or automated delivery device to move under its own power in automatic mode upon a highway or street regardless of whether the person is physically present in that automated motor vehicle or with that automated delivery device at that time. This subdivision applies regardless of whether the person is licensed under this act as an operator or chauffeur. As used in this subdivision, "causing an automated motor vehicle or automated delivery device to move under its own power in automatic mode" includes engaging the automated technology of that automated motor vehicle or automated delivery device for that purpose.

(2) "Operate" or "operating" does not include either of the following:

(a) Requesting a delivery or service provided by an automated delivery device.

(b) Dispatching an automated delivery device.

Sec. 36. "Operator" means a person, other than a chauffeur, who does either any of the following:

(a) Operates a motor vehicle upon a highway or street.

(b) Operates an automated motor vehicle upon a highway or street.

(c) Operates an automated delivery device on a sidewalk or other area open to pedestrians.

Sec. 605. (1) This chapter and chapter VIII apply uniformly throughout this state and in all political subdivisions and municipalities in the state. A local authority shall not adopt, enact, or enforce a local law that provides lesser penalties or that is otherwise in conflict with this chapter or chapter VIII.

(2) A local law or portion of a local law that imposes a criminal penalty for an act or omission that is a civil infraction under this act, or that imposes a criminal penalty or civil sanction in excess of that prescribed in this act, is in conflict with this act and is void to the extent of the conflict.

(3) Except for a case in which the citation is dismissed pursuant to under subsection (4), proceeds of a civil fine imposed by a local authority for violation of a local law regulating the operation of a commercial motor vehicle and substantially corresponding to a provision of this act shall must be paid to the county treasurer and allocated as follows:

(a) Seventy percent to the local unit of government in which the citation is issued.

(b) Thirty percent for library purposes as provided by law.

(4) The owner or operator of a commercial motor vehicle shall must not be issued more than 1 citation for each violation of a code or ordinance regulating the operation of a commercial motor vehicle and substantially corresponding to a provision of sections 683 to 725a of the Michigan vehicle code, 1949 PA 300, MCL 257.683 to 257.725a, within a 24-hour period. If the owner or operator of a commercial motor vehicle is issued a citation for an equipment violation pursuant to section 683 that does not result in the vehicle being placed out of service, the court shall dismiss the citation if the owner or operator of that commercial motor vehicle provides written proof to the court within 14 days after the citation is issued showing that the defective equipment indicated in the citation has been repaired.

(5) Except as otherwise provided in subsections (6) and (7), this act occupies the whole field of regulation of automated delivery devices in this state and a local authority shall not adopt, enact, or enforce a local law governing automated delivery devices.

(6) A local authority may opt out of having automated delivery devices operate within the local authority if the election to opt out is made not more than 90 days after the effective date of the amendatory act that added this subsection. A local authority that elects to opt out under this subsection shall notify the state transportation department of the election to opt out. The state transportation department shall maintain a list of local authorities that have elected to opt out under this subsection and shall post that list on a public facing website.

(7) Notwithstanding any other provision of this act, a city that has a population of not less than 500,000 as determined by the most recent federal decennial census may regulate the zones in which automated delivery devices may operate through ordinance within 90 days of enactment of the bill. The city shall submit any ordinance under this subsection to the state transportation department and the state transportation department shall post it on a public facing website.

(8) (5) As used in this section, "local law" includes a local charter provision, ordinance, rule, or regulation.

Sec. 612a. (1) When traffic is not controlled by traffic signals or traffic signals are not in operation, the driver of a vehicle shall stop and yield the right-of-way to a pedestrian within a crosswalk when the pedestrian is on the half of the roadway on which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. A pedestrian shall not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the driver to stop and yield to that pedestrian.

(2) A person who violates subsection (1) is responsible for a civil infraction.

Sec. 649. (1) The driver of a vehicle approaching an intersection shall yield the right of way right-of-way to a vehicle that has entered the intersection from a different highway.

(2) When 2 vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way right-of-way to the vehicle on the right.

(3) The right of way right-of-way rules in subsections (1) and (2) are modified at through highways and otherwise as provided in subsection (4) and in this chapter.

(4) The driver of a vehicle approaching an intersection that is controlled by a traffic control signal shall do all of the following, if the signal facing the driver exhibits no colored lights or colored lighted arrows, exhibits a combination of colored lights or colored lighted arrows that fails to clearly indicate the assignment of right of way, right-of-way, or the signals are otherwise malfunctioning:

(a) Stop at a clearly marked stop line, or, if there is no clearly marked stop line, stop before entering the crosswalk on the near side of the intersection, or, if there is no crosswalk, stop before entering the intersection.

(b) Yield the right of way right-of-way to all vehicles in the intersection or approaching on an intersecting road, if those vehicles will constitute an immediate hazard during the time the driver is moving across or within the intersection.

(c) Exercise ordinary care while proceeding through the intersection.

(5) Subsection (4) does not apply to either of the following:

(a) An intersection that is controlled by a traffic control signal that is flashing yellow unless certain events occur, including, but not limited to, activation by an emergency vehicle.

(b) A traffic control signal that is located in a school zone and is flashing yellow only during prescribed periods of time.

(6) The driver of a vehicle approaching a yield sign, in obedience to the sign, shall slow down to a speed reasonable for the existing conditions and shall yield the right of way right-of-way to a vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver would be moving across or within the intersection. However, if required for safety to stop, the driver shall stop before entering the crosswalk on the near side of the intersection or, if there is not a crosswalk, at a clearly marked stop line; but if there is not a crosswalk or a clearly marked stop line, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.

(7) The driver of a vehicle traveling at an unlawful speed forfeits a right of way right-of-way that the driver might otherwise have under this section.

(8) Except when directed to proceed by a police officer, the driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection, or if there is not a crosswalk shall stop at a clearly marked stop line; or if there is not a crosswalk or a clearly marked stop line, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After having stopped, the driver shall yield the right of way right-of-way to a vehicle that has entered the intersection from another highway or that is approaching so closely on the highway as to constitute an immediate hazard during the time when the driver would be moving across or within the intersection.

(9) When a vehicle approaches the intersection of a highway from an intersecting highway or street that is intended to be, and is constructed as, a merging highway or street, and is plainly marked at the intersection with appropriate merge signs, the driver of a vehicle shall yield right of way the right-of-way to a vehicle so close as to constitute an immediate hazard on the highway about to be entered and shall adjust its the vehicle's speed so as to enable it to merge safely with the through traffic.

(10) When a vehicle is stopped at a crosswalk to permit a pedestrian to cross the roadway, the driver of another vehicle approaching from the rear shall not overtake or pass the stopped vehicle.

(11) (10) A person who violates this section is responsible for a civil infraction.

Sec. 657. (1) Each person riding a bicycle, electric bicycle, electric personal assistive mobility device, electric skateboard, or moped or operating a low-speed vehicle or commercial quadricycle upon a roadway has all of the rights and is subject to all of the duties applicable to the driver operator of a vehicle under this chapter, except for special regulations in this article and except for the provisions of this chapter that by their nature do not apply.

(2) A person operating an automated delivery device on a sidewalk, crosswalk, or other place open to the general public or accessible to pedestrian traffic has all of the rights and is subject to all of the duties applicable to a pedestrian under this chapter, except for special regulations in this article and except for the provisions of this chapter that by their nature do not apply.

Sec. 657b. (1) A person that operates an automated delivery device shall maintain an insurance policy on each device that includes general liability coverage of not less than $100,000.00 for damages arising from the operation of the device.

(2) If an official police report involves an automated delivery device, that police report must be submitted to the governing body of the municipality in which the police report was recorded.

Sec. 660. (1) A person operating an automated delivery device, electric personal assistive mobility device, low-speed vehicle, electric skateboard, or moped upon a roadway shall ride operate as near to the right side of the roadway as practicable and shall exercise due care when passing a standing vehicle or one proceeding in the same direction. A motorcycle is entitled to full use of a lane, and a motor vehicle shall must not be driven in such a manner as to deprive a motorcycle of the full use of a lane. This subsection does not apply to motorcycles operated 2 abreast in a single lane.

(2) A person riding operating an electric personal assistive mobility device, motorcycle, electric skateboard, or moped upon a roadway shall not ride operate more than 2 abreast except on a path or part of a roadway set aside for the exclusive use of those vehicles.

(3) Where a usable and designated path for bicycles is provided adjacent to a highway or street, a person operating an electric personal assistive mobility device, or electric skateboard may, by local ordinance, be required to use that path.

(4) A person operating a motorcycle, moped, low-speed vehicle, electric personal assistive mobility device, or electric skateboard shall not pass between lines of traffic, but may pass on the left of traffic moving in his or her direction in the case of a 2-way street or on the left or right of traffic in the case of a 1-way street, in an unoccupied lane.

(5) A person operating an automated delivery device, electric personal assistive mobility device, or electric skateboard on a sidewalk constructed for the use of pedestrians shall yield the right-of-way to a pedestrian and shall give an audible signal before overtaking and passing the pedestrian.

(6) A moped, low-speed vehicle, or commercial quadricycle shall must not be operated on a sidewalk constructed for the use of pedestrians.

(7) A low-speed vehicle or commercial quadricycle shall must be operated at a speed of not more than 25 miles per hour. A low-speed vehicle shall must not be operated on a highway or street with a speed limit of more than 35 miles per hour except for the purpose of crossing that highway or street. A commercial quadricycle shall must not be operated on a highway or street with a speed limit of more than 45 miles per hour except for the purpose of crossing that highway or street. An individual shall not operate a commercial quadricycle that is equipped with a motor unless he or she has a valid operator's license issued under this act. The state transportation department may prohibit the operation of a low-speed vehicle or commercial quadricycle on any highway or street under its jurisdiction if it determines that the prohibition is necessary in the interest of public safety.

(8) This section does not apply to a police officer in the performance of his or her official duties.

(9) An electric personal assistive mobility device shall must be operated at a speed of not more than 15 miles per hour and shall must not be operated on a highway or street with a speed limit of more than 25 miles per hour except to cross that highway or street.

(10) An electric skateboard shall must be operated at a speed of not more than 25 miles per hour. An electric skateboard that does not have handlebars shall must not be operated on a highway or street with a speed limit of more than 25 miles per hour except to cross that highway or street, and an electric skateboard equipped with handlebars shall must not be operated on a highway or street with a speed limit of more than 45 miles per hour except to cross that highway or street.

(11) Except as otherwise provided in this act, an automated delivery device may be operated on a sidewalk or other place accessible to pedestrian traffic at a speed of not more than 10 miles per hour.

(12) An automated delivery device must be capable of achieving a minimal risk condition, which may be achieved by 1 or more of the following:

(a) The device's automated driving system can navigate around obstacles to an unobstructed path.

(b) The operator of the device can promptly take remote control of the device.

(13) An automated delivery device must not transport hazardous materials regulated under 49 USC 5103 and required to be placarded under 49 CFR 172.500 to 172.560.

(14) (11) The governing body of a county, a city, a village, an entity created under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, or a township may, by ordinance based on the health, safety, and welfare of the citizens, regulate the operation of electric personal assistive mobility devices, electric skateboards, or commercial quadricycles on sidewalks, highways or streets, or crosswalks. Except as otherwise provided in this subsection, a governing body of a county, city, village, entity created under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, or township may prohibit the operation of electric personal assistive mobility devices, electric skateboards, or commercial quadricycles in an area open to pedestrian traffic adjacent to a waterfront or on a trail under its jurisdiction or in a downtown or central business district. Signs indicating the regulation shall must be conspicuously posted in the area where the use of an electric personal assistive mobility device, electric skateboard, or commercial quadricycle is regulated.

(15) (12) Operation of an automated delivery device, electric personal assistive mobility device, or electric skateboard is prohibited in a special charter city and a state park under the jurisdiction of the Mackinac Island State Park commission.

(16) (13) Operation of an electric personal assistive mobility device or electric skateboard may be prohibited in a historic district.

(17) (14) The department of natural resources may by order regulate the use of electric personal assistive mobility devices or electric skateboards on all lands under its control.

(18) An automated delivery device must only be operated between the hours of 8:00 a.m. and 8:00 p.m.

(19) An automated delivery device must not be operated on a trail.

Sec. 662. (1) A bicycle, electric personal assistive mobility device, electric skateboard, or commercial quadricycle being operated on a roadway between 1/2 hour after sunset and 1/2 hour before sunrise shall must be equipped with a lamp on the front that emits a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear that shall be is visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.

(2) A bicycle, shall be equipped with a brake that enables the operator to make the braked wheels skid on dry, level, clean pavement.

(3) An electric personal assistive mobility device, electric skateboard, or commercial quadricycle shall must enable the operator to bring it come rapidly to a controlled stop.

(3) An automated delivery device must meet all of the following requirements:

(a) Be equipped with a lamp that emits a white light visible from 500 feet to the front and a lamp that emits a red light visible from 500 feet to the rear.

(b) Be able to come rapidly to a controlled stop.

(c) Be labeled in 3-inch type with the operator's name, address, and telephone number, and a unique number assigned by the operator.

(4) A person shall not sell, offer for sale, or deliver for sale in this state a bicycle or a pedal for use on a bicycle, either of which was manufactured after January 1, 1976, unless it is equipped with a type of reflex reflector located on the front and rear surfaces of the pedal. The reflector elements may be either integral with the construction of the pedal or mechanically attached, but shall must be sufficiently recessed from the edge of the pedal, or of the reflector housing, to prevent contact of the reflector element with a flat surface placed in contact with the edge of the pedal. The pedal reflectors shall must be visible from the front and rear of the bicycle during the nighttime from a distance of 200 feet when directly exposed to the lower beam head lamps of a motor vehicle.

(5) A person shall not sell, offer for sale, or deliver for sale in this state a bicycle manufactured after January 1, 1976 or an electric personal assistive mobility device unless it is equipped with either tires that have reflective sidewalls or with wide-angle prismatic spoke reflectors. If the bicycle or the electric personal assistive mobility device is manufactured with reflective sidewalls, the reflective portion of the sidewall shall must form a continuous circle on the sidewall, and may not be removed from the tire without removal of tire material. If the bicycle is equipped with wide-angle prismatic spoke reflectors, the reflectors of the front wheel shall must be essentially colorless or amber, and the reflectors on the rear wheel shall must be essentially colorless or red. Reflective sidewalls or spoke reflectors shall must cause the bicycle to be visible from all distances from 100 feet to 600 feet when viewed under lawful low beam motor vehicle head lamps under normal atmospheric conditions.

(6) A person who violates subsection (1), or (2), or (3) is responsible for a civil infraction.