PASSING FARM EQUIPMENT                                                                           S.B. 777:

                                                                                                    SUMMARY OF BILL

                                                                                     REPORTED FROM COMMITTEE

Senate Bill 777 (as reported without amendment)

Sponsor:  Senator Kimberly LaSata

Committee:  Agriculture

CONTENT

The bill would amend the Michigan Vehicle Code to require a driver of a vehicle, when approaching an implement of husbandry disabled on the roadside, to exhibit due care and caution as required below.

On a public roadway with at least two adjacent lanes proceeding in the same direction and the implement of husbandry disabled on the roadside, the driver of the approaching vehicle would have to 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 one moving lane or two vehicle widths apart from the implement, unless directed otherwise by a police officer.

If movement to an adjacent lane or two vehicle widths apart were not possible because of weather, road conditions, or the immediate presence of traffic in parallel moving lanes, or if the roadway did not have at least two adjacent lanes proceeding in the same direction as the implement of husbandry, the driver of approaching vehicle would have to proceed with due care and caution and reduce his or her speed by 10 miles per hour.

The operator of a vehicle upon a divided highway (by intervening space, physical barrier, or other clearly indicated dividing section) would not have to proceed with caution, reduce his or her speed, or yield the right-of-way for an implement of husbandry disabled on the roadside across the dividing space, barrier, or section.

(A person who violated the bill's provisions would be guilty of a misdemeanor punishable by a $100 maximum fine or up to 90 days' imprisonment, or both.)

Proposed MCL 257.653c                                                    Legislative Analyst:  Jeff Mann

FISCAL IMPACT

The bill could have a negative fiscal impact on State and local government. More misdemeanor arrests and convictions could increase resource demands on law enforcement, court systems, community supervision, and jails. Any associated increase in fine revenue would increase funding to public libraries.

Date Completed:  7-16-20                                                    Fiscal Analyst: Joe Carrasco

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.