HOUSE BILL No. 5848

 

September 11, 2012, Introduced by Reps. Shirkey, Olson, Somerville, Walsh and Hooker and referred to the Committee on Transportation.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 611 (MCL 257.611).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 611. (1) The driver of a vehicle or operator of a

 

streetcar shall not disobey the instructions of a traffic control

 

device placed in accordance with this chapter unless at the time

 

otherwise directed by a police officer, or as provided in

 

subsection (3).

 

     (2) The driver of a vehicle shall not, for the purpose of

 

avoiding obedience to a traffic control device placed in accordance

 

with this chapter, drive upon or through private property, or upon

 

or through public property which that is not a street or highway.

 

     (3) The driver of a bicycle, motorcycle, moped, or 3-wheeled

 


vehicle may proceed through the stop signal of an automated

 

stoplight if, after 1 full cycle of the automated stoplight after

 

making the stop, or after 60 seconds if the automated stoplight is

 

not cycling or the driver is unable to determine whether the

 

automated stoplight is cycling, the automated stoplight fails to

 

detect the presence of the bicycle, motorcycle, moped, or 3-wheeled

 

vehicle for the purposes of making a signal change. The driver of a

 

bicycle, motorcycle, moped, or 3-wheeled vehicle proceeding through

 

a stop signal in compliance with this section shall nevertheless

 

yield the right-of-way to other bicycles or vehicles in the manner

 

required by the stop signal. As used in this subsection, "automated

 

stoplight" means a stoplight that uses inductive loop sensors or

 

other automated technology to detect the presence of vehicles for

 

purposes of regulating traffic flow.

 

     (4) In a proceeding for a violation of this section, there is

 

a presumption that an automated stoplight has failed to detect a

 

bicycle, motorcycle, moped, or 3-wheeled vehicle that proceeds

 

through a stop signal at an automated stoplight. A presumption

 

under this subsection may be rebutted by testimony of a law

 

enforcement officer that he or she witnessed the bicycle,

 

motorcycle, moped, or 3-wheeled vehicle proceed through the stop

 

signal before completion of 1 full cycle of the automated stoplight

 

or 60 seconds after making its stop.

 

     (5) (3) A person who violates this section is responsible for

 

a civil infraction.