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.