SENATE BILL No. 1326

June 22, 2006, Introduced by Senator KUIPERS and referred to the Committee on Transportation.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 2 and 698 (MCL 257.2 and 257.698), section 2

as amended by 2004 PA 19 and section 698 as amended by 1998 PA 247.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2. "Authorized emergency vehicle" means any 1 of the

following:

(a) Vehicles of the fire department, police vehicles,

ambulances, or privately owned motor vehicles of volunteer or paid

fire fighters if authorized by the chief of an organized fire

department, or privately owned motor vehicles of volunteer or paid

members of a life support agency licensed by the department of

consumer and industry services if authorized by the life support

agency.

(b) For purposes of section 698(5)(c) during an emergency, a

motor vehicle owned and operated by a federally recognized

nonprofit charitable organization that is used exclusively for

assistance during that emergency, or a motor vehicle owned by a

volunteer member of an emergency management unit of a local

governmental entity, if authorized by the local governmental

entity.

giving a visual signal by means of a flashing, rotating, or

oscillating red or amber light. As used in this subdivision, "road

service vehicle" means a vehicle that is clearly marked and readily

recognizable as a vehicle used to assist disabled vehicles.

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

than 2 side cowl or fender lamps which 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 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.

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. The

flashing, rotating, or oscillating red lights allowed under this

subdivision may be used only when responding to an emergency call

unless the authorized emergency vehicle is a motor vehicle owned by

a volunteer member of an emergency management unit of a local

governmental entity, in which case the lights may be operated only

when at the scene of an emergency. A person operating lights under

this subdivision at any time other than ~~when responding to an~~

~~emergency call~~ as allowed under this subdivision 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 removal, 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 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 the private security ~~guard~~

business and security alarm 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.