June 21, 2017, Introduced by Senator ZORN and referred to the Committee on Transportation.
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 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 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 10 miles per
hour, 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
proceed with caution, 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 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, 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, or road maintenance 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
solid waste collection vehicle, utility service vehicle, or road
maintenance 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 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
proceed with caution, 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.
(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.