SB-0477, As Passed Senate, December 6, 2017

SUBSTITUTE FOR

SENATE BILL NO. 477

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 653a and 653b (MCL 257.653a and 257.653b),

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:

     Sec. 653a. (1) Upon approaching and passing a stationary

authorized emergency vehicle that is giving a visual signal by

means of flashing, rotating, or oscillating red, blue, or white, or

amber lights as permitted by section 698, the driver of an

approaching vehicle shall exhibit due care and caution, as required

under the following:

     (a) On any public roadway with at least 2 adjacent lanes

proceeding in the same direction of the stationary authorized

emergency vehicle, the driver of the approaching vehicle shall

proceed with caution, reduce his or her speed by at least 10 miles

per hour below the posted speed limit, and yield the right-of-way

by moving into a lane at least 1 moving lane or 2 vehicle widths

apart from the stationary authorized emergency vehicle, unless

directed otherwise by a police officer. If movement to an adjacent

lane or 2 vehicle widths apart is not possible due to weather, road

conditions, or the immediate presence of vehicular or pedestrian

traffic in parallel moving lanes, the driver of the approaching

vehicle shall proceed as required in subdivision (b).

     (b) On any public roadway that does not have at least 2

adjacent lanes proceeding in the same direction as the stationary

authorized emergency vehicle, or if the movement by the driver of

the vehicle into an adjacent lane or 2 vehicle widths apart is not

possible as described in subdivision (a), the approaching vehicle

shall reduce and maintain a safe speed for weather, road

conditions, and vehicular or pedestrian traffic and proceed with

due care and caution and reduce his or her speed by at least 10

miles per hour below the posted speed limit, or as directed by a

police officer.

     (2) Except as provided in subsections (3) and (4), a person

who violates this section is guilty of a misdemeanor punishable by

a fine of not more than $500.00 or imprisonment for not more than

90 days, or both.

     (3) A person who violates this section and causes injury to a

police officer, firefighter, or other emergency response personnel

in the immediate area of the stationary authorized emergency

vehicle is guilty of a felony punishable by a fine of not more than

$1,000.00 or imprisonment for not more than 2 years, or both.

     (4) A person who violates this section and causes death to a

police officer, firefighter, or other emergency response personnel

in the immediate area of the stationary authorized emergency

vehicle is guilty of a felony punishable by a fine of not more than

$7,500.00 or by imprisonment for not more than 15 years, or both.

     (5) The operator of a vehicle upon a highway that has

been divided into 2 roadways by leaving an intervening space, or by

a physical barrier or clearly indicated dividing sections so

constructed as to impede vehicular traffic, is not required to

reduce his or her speed or yield the right-of-way for an authorized

emergency vehicle that is stopped across the dividing space,

barrier, or section.

     Sec. 653b. (1) Upon Except when in a work zone as defined in

section 79d, upon approaching and passing a stationary solid waste

collection vehicle, a utility service vehicle, or a road

maintenance vehicle that is giving a visual signal by means of

flashing, rotating, or oscillating amber lights as permitted by

section 698, the driver of an approaching vehicle shall

reduce to and maintain a safe speed for weather, road conditions,

and vehicular or pedestrian traffic and exhibit due care and

caution, as required under the following:

     (a) On any public roadway with at least 2 adjacent lanes

proceeding in the same direction of the stationary solid waste

collection vehicle, utility service vehicle, or road maintenance

vehicle, or upon which an individual performing surveying work or a

construction worker in the process of establishing a work zone as

defined in section 79d is present, the driver of the approaching

vehicle shall proceed with caution, reduce his or her speed by 10

miles per hour, and yield the right-of-way by moving into a lane at

least 1 moving lane or 2 vehicle widths apart from the stationary

solid waste collection vehicle, utility service vehicle, road

maintenance vehicle, individual performing surveying work, or

construction worker, unless directed otherwise by a police officer.

If movement to an adjacent lane or 2 vehicle widths apart is not

possible due to weather, road conditions, or the immediate presence

of vehicular or pedestrian traffic in parallel moving lanes, the

driver of the approaching vehicle shall proceed as required in

subdivision (b).

     (b) On any public roadway that does not have at least 2

adjacent lanes proceeding in the same direction as the stationary

solid waste collection vehicle, utility service vehicle, or road

maintenance vehicle, or upon which an individual performing

surveying work or a construction worker in the process of

establishing a work zone as defined in section 79d is present, or

if the movement by the driver of the vehicle into an adjacent lane

or 2 vehicle widths apart is not possible as described in

subdivision (a), the approaching vehicle shall proceed with due

care and caution and reduce his or her speed by 10 miles per hour.

     (2) The operator of a vehicle upon a highway that has been

divided into 2 roadways by leaving an intervening space, or by a

physical barrier or clearly indicated dividing sections so

constructed as to impede vehicular traffic, is not required to

reduce his or her speed or yield the right-of-way for a stationary

solid waste collection vehicle, utility service vehicle, or road

maintenance vehicle that is stopped across the dividing space,

barrier, or section or for an individual performing surveying work

or a construction worker in the process of establishing a work zone

as defined in section 79d who is present on the dividing space,

barrier, or section.

(3) (2) As used in this section:

     (a) "Road maintenance authority" means any of the following:

     (i) The state department of transportation.

     (ii) A local authority.

     (iii) An entity operating under contract with the state

department of transportation or a local authority to provide road

construction or road maintenance services.

     (b) "Road maintenance vehicle" means a vehicle owned or

operated by a road maintenance authority.

     (c) "Solid waste" means that term as defined in section 11506

of the natural resources and environmental protection act, 1994 PA

451, MCL 324.11506.

     (d) "Solid waste collection vehicle" means a solid waste

transporting unit that is used for the curbside collection of

municipal solid waste.

     (e) "Solid waste hauler" means that term as defined in section

11506 of the natural resources and environmental protection act,

1994 PA 451, MCL 324.11506.

     (f) "Solid waste transporting unit" means that term as defined

in section 11506 of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.11506.

     (g) "Utility provider" means an entity that does any of the

following and that is regulated as a utility under the laws of this

state or of the United States:

     (i) Generates or distributes electrical power to the public.

     (ii) Generates or distributes natural gas to the public.

     (iii) Provides sewage collection services to the public.

     (iv) Provides water distribution services to the public.

     (v) Provides telephone services to the public.

     (vi) Provides cable or video services to the public.

     (h) "Utility service vehicle" means a vehicle owned or

operated by a utility provider.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.