Bill Text: MI HB4146 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Vehicles; equipment; warning lights on commercial snow removal vehicles; require under certain circumstances. Amends sec. 698 of 1949 PA 300 (MCL 257.698) & adds sec. 682c.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2012-07-18 - Assigned Pa 262'12 With Immediate Effect [HB4146 Detail]
Download: Michigan-2011-HB4146-Engrossed.html
HB-4146, As Passed House, January 26, 2012
SUBSTITUTE FOR
HOUSE BILL NO. 4146
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 698 (MCL 257.698), as amended by 1998 PA 247
and by adding section 682c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 682c. (1) A person shall not operate a commercial snow
removal vehicle to remove snow or ice on a public street or highway
or in a parking lot accessible for use by the public unless the
vehicle is operated with at least 1 flashing, rotating, or
oscillating yellow or amber light that is clearly visible in a 360-
degree arc from a distance of 500 feet when in use.
(2) A person who owns or leases a commercial snow removal
vehicle shall not knowingly allow a person to operate that vehicle
in violation of subsection (1).
(3) A person who violates this section is guilty of a
misdemeanor punishable by imprisonment for not more than 90 days or
a fine of not more than $500.00, or both.
(4) As used in this section:
(a) "Commercial snow removal vehicle" means a vehicle equipped
with a plow or other device that is used to remove snow or ice for
payment or other remuneration.
(b) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
Sec. 698. (1) A motor vehicle may be equipped with not more
than
2 side cowl or fender lamps which that shall emit an amber or
white light without glare.
(2) A motor vehicle may be equipped with not more than 1
running
board courtesy lamp on each side which that shall emit a
white or amber light without glare.
(3) Backing lights of red, amber, or white may be mounted on
the rear of a motor vehicle if the switch controlling the light is
so arranged that the light may be turned on only if the vehicle is
in reverse gear. The backing lights when unlighted shall be covered
or otherwise arranged so as not to reflect objectionable glare in
the
eyes of a driver an
operator of a vehicle approaching from
the
rear.
(4)
Unless both covered and unlit, a vehicle driven operated
on the highways of this state shall not be equipped with a lamp or
a part designed to be a reflector unless expressly required or
permitted by this chapter or that meets the standards prescribed in
49
C.F.R. CFR 571.108. A lamp or a part designed to be a
reflector,
if visible from the front, shall display or reflect a white or
House Bill No. 4146 (H-1) as amended November 30, 2011
amber light; if visible from either side, shall display or reflect
an amber or red light; and if visible from the rear, shall display
or reflect a red light, except as otherwise provided by law.
(5) The use or possession of flashing, oscillating, or
rotating lights of any color is prohibited except as otherwise
provided by law, or under the following circumstances:
(a) A police vehicle shall be equipped with flashing,
rotating, or oscillating red or blue lights, for use in the
performance of police duties.
(b) A fire vehicle or ambulance available for public use or
for use of the United States, the state, or any unit of the state,
whether publicly or privately owned, shall be equipped with
flashing, rotating, or oscillating red lights and used as required
for safety.
(c)
An authorized emergency vehicle as defined in section 2
may be equipped with flashing, rotating, or oscillating red lights
for use when responding to an emergency call if when in use the
flashing, rotating, or oscillating red lights are mounted on the
roof section of the vehicle, either as a permanent installation or
by means of suction cups or magnets and are clearly visible in a
360-degree arc from a distance of 500 feet when in use. A person
operating lights under this subdivision at any time other than when
responding to an emergency call is guilty of a misdemeanor.
(d) Flashing, rotating, or oscillating amber lights, placed in
a position as to be visible throughout an arc of 360 degrees, shall
be used by a state, county, or municipal vehicle engaged in the
removal of [ice, snow, or other] material from the highway[ and in
House Bill No. 4146 (H-1) as amended November 30, 2011
other operations designed to control ice and snow.]
(e) A vehicle used for the cleanup of spills or a necessary
emergency response action taken pursuant to state or federal law or
a vehicle operated by an employee of the department of natural
resources that responds to a spill, emergency response action,
complaint, or compliance activity may be equipped with flashing,
rotating, or oscillating amber lights. Such lights shall not be
activated unless the vehicle is at the scene of a spill, emergency
response action, complaint, or compliance activity.
(f) A vehicle to perform public utility service, a vehicle
owned or leased by and licensed as a business for use in the
collection and hauling of refuse, an automobile service car or
wrecker, a vehicle engaged in authorized highway repair or
maintenance, a vehicle of a peace officer, a vehicle operated by a
rural letter carrier or a person under contract to deliver
newspapers or other publications by motor route, a vehicle utilized
for snow or ice removal under section 682c, a private security
guard vehicle as authorized in subsection (7), a motor vehicle
while engaged in escorting or transporting an oversize load that
has been issued a permit by the state transportation department or
a local authority with respect to highways under its jurisdiction,
a vehicle owned by the national guard or a United States military
vehicle while traveling under the appropriate recognized military
authority, a motor vehicle while towing an implement of husbandry,
or an implement of husbandry may be equipped with flashing,
rotating, or oscillating amber lights. However, a wrecker may be
equipped
with flashing, rotating, or oscillating red lights which
that shall be activated only when the wrecker is engaged in
removing or assisting a vehicle at the scene of a traffic accident
or disablement. The flashing, rotating, or oscillating amber lights
shall
not be activated except in those circumstances that when the
warning produced by the lights is required for public safety.
(g) A vehicle engaged in leading or escorting a funeral
procession or any vehicle that is part of a funeral procession may
be equipped with flashing, rotating, or oscillating purple or amber
lights
which that shall not be activated except during a funeral
procession.
(h) An authorized emergency vehicle may display flashing,
rotating, or oscillating white lights in conjunction with an
authorized emergency light as prescribed in this section.
(i) A private motor vehicle of a physician responding to an
emergency call may be equipped with and the physician may use
flashing, rotating, or oscillating red lights mounted on the roof
section of the vehicle either as a permanent installation or by
means
of magnets or suction cups and clearly visible in a 360-
degree arc from a distance of 500 feet when in use. The physician
shall first obtain written authorization from the county sheriff.
(j) A public transit vehicle may be equipped with a flashing,
oscillating, or rotating light mounted on the roof of the vehicle
approximately
6 feet from the rear of the vehicle which that
displays a white light to the front, side, and rear of the vehicle,
which light may be actuated by the driver for use only in inclement
weather such as fog, rain, or snow, when boarding or discharging
passengers, from 1/2 hour before sunset until 1/2 hour after
sunrise,
or where when conditions hinder the visibility of the
public transit vehicle. As used in this subdivision, "public
transit vehicle" means a motor vehicle, other than a station wagon
or passenger van, with a gross vehicle weight rating of more than
10,000 pounds.
(k) A person engaged in the manufacture, sale, or repair of
flashing, rotating, or oscillating lights governed by this
subsection may possess the lights for the purpose of employment,
but shall not activate the lights upon the highway unless
authorized to do so under subsection (6).
(6) A person shall not sell, loan, or otherwise furnish a
flashing, rotating, or oscillating blue or red light designed
primarily for installation on an authorized emergency vehicle to a
person except a police officer, sheriff, deputy sheriff, authorized
physician, volunteer or paid fire fighter, volunteer ambulance
driver, licensed ambulance driver or attendant of the state, a
county or municipality within the state, a person engaged in the
business of operating an ambulance or wrecker service, or a
federally
recognized nonprofit charitable organization which that
owns and operates an emergency support vehicle used exclusively for
emergencies. This subsection does not prohibit an authorized
vehicle, equipped with flashing, rotating, or oscillating blue or
red lights, from being operated by a person other than a person
described in this section if the person receives authorization to
operate the emergency vehicle from a police officer, sheriff,
deputy sheriff, authorized physician, volunteer or paid fire
fighter, volunteer ambulance driver, licensed ambulance driver or
attendant, a person operating an ambulance or wrecker service, or a
federally
recognized nonprofit charitable organization which that
owns and operates an emergency support vehicle used exclusively for
emergencies, except that the authorization shall not permit the
person to operate lights as described in subsection (5)(a), (b),
(c), (i), or (j), or to exercise the privileges described in
section 603. A person who operates an authorized emergency vehicle
in violation of the terms of an authorization is guilty of a
misdemeanor punishable by imprisonment for not more than 90 days or
a fine of not more than $100.00, or both.
(7) A private motor vehicle of a security guard agency or
alarm
company licensed pursuant to under
the private security guard
act
of 1968, business and
security alarm act, 1968 PA 330, MCL
338.1051
to 338.1085 338.1092, may display flashing, rotating, or
oscillating amber lights. The flashing, rotating, or oscillating
amber lights shall not be activated on a public highway when a
vehicle is in motion.
(8)
This section shall not be construed to does not prohibit,
restrict, or limit the use of lights authorized or required under
sections 697, 697a, and 698a.
(9)
A person who violates operates
a vehicle in violation of
subsection (1), (2), (3), or (4) is responsible for a civil
infraction.
