SB-0477, As Passed Senate, November 8, 2018
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 477
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 320a, 653a, and 653b (MCL 257.320a, 257.653a,
and 257.653b), section 320a as amended by 2016 PA 448, section 653a
as added by 2000 PA 458, and section 653b as added by 2008 PA 464.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 320a. (1) Within 5 days after receipt of a properly
2 prepared abstract from a court of this state or another state, the
3 secretary of state shall record the date of conviction, civil
4 infraction determination, or probate court disposition, and the
5 number of points for each, based on the following formula, except
6 as otherwise provided in this section and section 629c:
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(a) Manslaughter, negligent homicide, or a |
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felony resulting from the operation of a motor |
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vehicle, ORV, or snowmobile............................6 points |
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(b) A violation of section 601b(2) or (3), |
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601c(1) or (2), or 653a(3) or (4) or, beginning |
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October 31, 2010, a violation of section 601d..........6 points |
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(c) A violation of section 625(1), (4), (5), |
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(7), or (8), section 81134 or 82127(1) of the |
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natural resources and environmental protection act, |
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1994 PA 451, MCL 324.81134 and 324.82127, or a law |
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or ordinance substantially corresponding to section |
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625(1), (4), (5), (7), or (8), or section 81134 |
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or 82127(1) of the natural resources and |
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environmental protection act, 1994 PA 451, |
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MCL 324.81134 and 324.82127............................6 points |
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(d) Failing to stop and disclose identity |
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at the scene of an accident when required by law.......6 points |
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(e) Operating a motor vehicle in violation |
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of section 626.........................................6 points |
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(f) Fleeing or eluding an officer.................6 points |
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(g) A violation of section 627(6) pertaining |
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to speed in a work zone described in that section |
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by exceeding the lawful maximum by more than |
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15 miles per hour......................................5 points |
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(h) A violation of any law or ordinance |
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pertaining to speed by exceeding the lawful |
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maximum by more than 15 miles per hour.................4 points |
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(i) A violation of section 625(3) or (6), |
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section 81135 or 82127(3) of the natural |
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resources and environmental protection act, |
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1994 PA 451, MCL 324.81135 and 324.82127, |
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or a law or ordinance substantially corresponding |
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to section 625(3) or (6) or section 81135 |
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or 82127(3) of the natural resources and |
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environmental protection act, 1994 PA 451, |
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MCL 324.81135 and 324.82127............................4 points |
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(j) A violation of section 626a or a law |
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or ordinance substantially corresponding to |
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section 626a...........................................4 points |
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(k) |
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to speed in a work zone described in that section |
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by exceeding the lawful maximum by more than 10 |
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but not more than 15 miles per hour....................4 points |
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(l) |
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violation resulting in an at-fault collision with |
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another vehicle, a person, or any other object.........4 points |
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(m) |
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626b or a law or ordinance substantially |
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corresponding to section 626b..........................3 points |
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(n) |
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pertaining to speed by exceeding the lawful |
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maximum by more than 10 miles per hour but not |
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more than 15 miles per hour............................3 points |
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(o) A violation of section 653a(2)................2 points |
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(p) A violation of any law or ordinance |
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pertaining to speed by exceeding the lawful |
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maximum by more than 5 miles per hour but not |
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more than 10 miles per hour ...........................2 points |
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(q) A violation of any law or ordinance |
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pertaining to speed by exceeding the lawful |
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maximum by more than 1 mile per hour but not |
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more than 5 miles per hour.................. ..........1 point |
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(r) Disobeying a traffic signal or stop sign, |
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or improper passing....................................3 points |
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(s) A violation of section 624a, 624b, or |
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a law or ordinance substantially corresponding to |
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section 624a or 624b...................................2 points |
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(t) A violation of section 310e(4) or (6) or |
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a law or ordinance substantially corresponding |
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to section 310e(4) or (6)..............................2 points |
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(u) All other moving violations pertaining to |
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the operation of motor vehicles reported under |
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this section...........................................2 points |
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(v) A refusal by a person less than 21 years |
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of age to submit to a preliminary breath test |
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required by a peace officer under section 625a.........2 points |
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(w) A violation of section 627(6) pertaining |
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to speed in a work zone described in that |
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section by exceeding the lawful maximum by |
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10 miles per hour or less..............................3 points |
27 (2) Points shall not be entered for a violation of section
1 310e(14), 311, 602b(1), 602c, 625m, 658, 710d, 717, 719, 719a, or
2 723.
3 (3) Points shall not be entered for bond forfeitures.
4 (4) Points shall not be entered for overweight loads or for
5 defective equipment.
6 (5) If more than 1 conviction, civil infraction determination,
7 or probate court disposition results from the same incident, points
8 shall be entered only for the violation that receives the highest
9 number of points under this section.
10 (6) If a person has accumulated 9 points as provided in this
11 section, the secretary of state may call the person in for an
12 interview as to the person's driving ability and record after due
13 notice as to time and place of the interview. If the person fails
14 to appear as provided in this subsection, the secretary of state
15 shall add 3 points to the person's record.
16 (7) If a person violates a speed restriction established by an
17 executive order issued during a state of energy emergency as
18 provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of state
19 shall enter points for the violation under subsection (1).
20 (8) The secretary of state shall enter 6 points upon the
21 record of a person whose license is suspended or denied under
22 section 625f. However, if a conviction, civil infraction
23 determination, or probate court disposition results from the same
24 incident, additional points for that offense shall not be entered.
25 (9) If a Michigan driver commits a violation in another state
26 that would be a civil infraction if committed in Michigan, and a
27 conviction results solely because of the failure of the Michigan
1 driver to appear in that state to contest the violation, upon
2 receipt of the abstract of conviction by the secretary of state,
3 the violation shall be noted on the driver's record, but no points
4 shall be assessed against his or her driver's license.
5 Sec. 653a. (1) Upon approaching and passing a stationary
6 authorized emergency vehicle that is giving a visual signal by
7 means of flashing, rotating, or oscillating red, blue, or white, or
8 amber lights as permitted by section 698, the driver of an
9 approaching vehicle shall exhibit due care and caution, as required
10 under the following:
11 (a) On any public roadway with at least 2 adjacent lanes
12 proceeding in the same direction of the stationary authorized
13 emergency vehicle, the driver of the approaching vehicle shall
14 proceed with caution, reduce his or her speed by at least 10 miles
15 per hour below the posted speed limit, and yield the right-of-way
16 by moving into a lane at least 1 moving lane or 2 vehicle widths
17 apart from the stationary authorized emergency vehicle, unless
18 directed otherwise by a police officer. If movement to an adjacent
19 lane or 2 vehicle widths apart is not possible due to weather, road
20 conditions, or the immediate presence of vehicular or pedestrian
21 traffic in parallel moving lanes, the driver of the approaching
22 vehicle shall proceed as required in subdivision (b).
23 (b) On any public roadway that does not have at least 2
24 adjacent lanes proceeding in the same direction as the stationary
25 authorized emergency vehicle, or if the movement by the driver of
26 the vehicle into an adjacent lane or 2 vehicle widths apart is not
27 possible as described in subdivision (a), the approaching vehicle
Senate Bill No. 477 as amended September 26, 2018
1 shall reduce and maintain a safe speed for weather, road
2 conditions, and vehicular or pedestrian traffic and proceed with
3 due care and caution and reduce his or her speed by at least 10
4 miles per hour below the posted speed limit, or as directed by a
5 police officer.
6 (2) Except as provided in [this subsection and] subsections (3) and
(4), a person
7 who violates this section is [guilty of ] a
8 [misdemeanor punishable by
9 ] a [ ] fine of [not more than $500.00 or imprisonment for not
10 more than 90 days, or both. Beginning 60 days after the effective date of the amendatory act that amended this subsection, except as provided in subsections (3) and (4), a person who violates this section is responsible for a civil infraction and shall be ordered to pay a civil fine of $400.00.]
11 (3) A person who violates this section and causes injury to a
12 police officer, firefighter, or other emergency response personnel
13 in the immediate area of the stationary authorized emergency
14 vehicle is guilty of a felony punishable by a fine of not more than
15 $1,000.00 or imprisonment for not more than 2 years, or both.
16 (4) A person who violates this section and causes death to a
17 police officer, firefighter, or other emergency response personnel
18 in the immediate area of the stationary authorized emergency
19 vehicle is guilty of a felony punishable by a fine of not more than
20 $7,500.00 or by imprisonment for not more than 15 years, or both.
21 (5) The operator of a vehicle upon a highway that has
22 been divided into 2 roadways by leaving an intervening space, or by
23 a physical barrier or clearly indicated dividing sections so
24 constructed as to impede vehicular traffic, is not required to
25 proceed with caution, reduce his or her speed, or yield the right-
26 of-way for an authorized emergency vehicle that is stopped across
27 the dividing space, barrier, or section.
1 Sec. 653b. (1) Upon approaching and passing a stationary solid
2 waste collection vehicle, a utility service vehicle, or a road
3 maintenance vehicle that is giving a visual signal by means of
4 flashing, rotating, or oscillating amber lights as permitted by
5 section 698, the driver of an approaching vehicle shall
6 reduce to and maintain a safe speed for weather, road conditions,
7 and vehicular or pedestrian traffic and exhibit due care and
8 caution, as required under the following:
9 (a) On any public roadway with at least 2 adjacent lanes
10 proceeding in the same direction of the stationary solid waste
11 collection vehicle, utility service vehicle, or road maintenance
12 vehicle, the driver of the approaching vehicle shall proceed with
13 caution, reduce his or her speed by at least 10 miles per hour
14 below the posted speed limit, and yield the right-of-way by moving
15 into a lane at least 1 moving lane or 2 vehicle widths apart from
16 the stationary solid waste collection vehicle, utility service
17 vehicle, or road maintenance vehicle, unless directed otherwise by
18 a police officer. If movement to an adjacent lane or 2 vehicle
19 widths apart is not possible due to weather, road conditions, or
20 the immediate presence of vehicular or pedestrian traffic in
21 parallel moving lanes, the driver of the approaching vehicle shall
22 proceed as required in subdivision (b).
23 (b) On any public roadway that does not have at least 2
24 adjacent lanes proceeding in the same direction as the stationary
25 solid waste collection vehicle, utility service vehicle, or road
26 maintenance vehicle, or if the movement by the driver of the
27 vehicle into an adjacent lane or 2 vehicle widths apart is not
1 possible as described in subdivision (a), the approaching vehicle
2 shall proceed with due care and caution and reduce his or her speed
3 by 10 miles per hour.
4 (2) The operator of a vehicle upon a highway that has
5 been divided into 2 roadways by leaving an intervening space, or by
6 a physical barrier or clearly indicated dividing sections so
7 constructed as to impede vehicular traffic, is not required to
8 proceed with caution, reduce his or her speed, or yield the right-
9 of-way for a stationary solid waste collection vehicle, utility
10 service vehicle, or road maintenance vehicle that is stopped across
11 the dividing space, barrier, or section.
12 (3) (2) As
used in this section:
13 (a) "Road maintenance authority" means any of the following:
14 (i) The state department of transportation.
15 (ii) A local authority.
16 (iii) An entity operating under contract with the state
17 department of transportation or a local authority to provide road
18 construction or road maintenance services.
19 (b) "Road maintenance vehicle" means a vehicle owned or
20 operated by a road maintenance authority.
21 (c) "Solid waste" means that term as defined in section 11506
22 of the natural resources and environmental protection act, 1994 PA
23 451, MCL 324.11506.
24 (d) "Solid waste collection vehicle" means a solid waste
25 transporting unit that is used for the curbside collection of
26 municipal solid waste.
27 (e) "Solid waste hauler" means that term as defined in section
1 11506 of the natural resources and environmental protection act,
2 1994 PA 451, MCL 324.11506.
3 (f) "Solid waste transporting unit" means that term as defined
4 in section 11506 of the natural resources and environmental
5 protection act, 1994 PA 451, MCL 324.11506.
6 (g) "Utility provider" means an entity that does any of the
7 following and that is regulated as a utility under the laws of this
8 state or of the United States:
9 (i) Generates or distributes electrical power to the public.
10 (ii) Generates or distributes natural gas to the public.
11 (iii) Provides sewage collection services to the public.
12 (iv) Provides water distribution services to the public.
13 (v) Provides telephone services to the public.
14 (vi) Provides cable or video services to the public.
15 (h) "Utility service vehicle" means a vehicle owned or
16 operated by a utility provider.
17 Enacting section 1. This amendatory act takes effect 90 days
18 after the date it is enacted into law.