Bill Text: MI HB4982 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Transportation; other; use of flashers and "stop arm" for public transit buses; allow. Amends secs. 682 & 688 of 1949 PA 300 (MCL 257.682 & 257.688) & adds sec. 45b.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-09-20 - Printed Bill Filed 09/16/2011 [HB4982 Detail]

Download: Michigan-2011-HB4982-Introduced.html

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HOUSE BILL No. 4982

 

September 15, 2011, Introduced by Rep. Franz and referred to the Committee on Transportation.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 682 and 688 (MCL 257.682 and 257.688), section

 

682 as amended by 1990 PA 188 and section 688 as amended by 2006 PA

 

14, and by adding section 45b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 45b. "Public transit bus" means a bus used to transport

 

passengers that is operated by a public transit agency operating

 

under any of the following:

 

     (a) A county, city, township, or village as provided by law or

 

other authority incorporated under 1963 PA 55, MCL 124.351 to

 

124.359.

 

     (b) An authority incorporated under the metropolitan

 

transportation authorities act of 1967, 1967 PA 204, MCL 124.401 to

 

124.426, or that operates a transportation service according to an

 

interlocal agreement under the urban cooperation act of 1967, 1967

 

(Ex Sess) PA 7, MCL 124.501 to 124.512.

 

     (c) A contract entered into under 1967 (Ex Sess) PA 8, MCL

 

124.531 to 124.536, or 1951 PA 35, MCL 124.1 to 124.13.

 

     (d) An authority incorporated under the public transportation

 

authority act, 1986 PA 196, MCL 124.451 to 124.479, or a nonprofit

 

corporation organized under the nonprofit corporation act, 1982 PA

 

162, MCL 450.2101 to 450.3192, that provides transportation

 

services.

 

     (e) An authority financing public improvements to

 

transportation systems under the revenue bond act of 1933, 1933 PA

 

94, MCL 141.101 to 141.140.

 

     Sec. 682. (1) The driver of a vehicle overtaking or meeting a

 

school bus or public transit bus equipped under section 688(4)

 

which that has stopped and is displaying 2 alternately flashing red

 

lights located at the same level shall bring the vehicle to a full

 

stop not less than 20 feet from the school bus or public transit

 

bus and shall not proceed until the school bus or public transit

 

bus resumes motion or the visual signals are no longer actuated. At

 

an intersection where traffic is controlled by an officer or a

 

traffic stop-and-go signal a vehicle need not be brought to a full

 

stop before passing a stopped school bus or public transit bus

 

equipped under section 688(4), but may proceed past the school bus

 

or public transit bus at a speed not greater than is reasonable and

 

proper but not greater than 10 miles an hour and with due caution

 

for the safety of passengers being received or discharged from the

 

school bus or public transit bus. The driver of a vehicle who fails

 

to stop for a school bus or public transit bus equipped under

 

section 688(4) as required by this subsection, who passes a school

 

bus or public transit bus equipped under section 688(4) in

 

violation of this subsection, or who fails to stop for a school bus

 

or public transit bus equipped under section 688(4) in violation of

 

an ordinance that complies with this subsection, is responsible for

 

a civil infraction.

 

     (2) The driver of a vehicle upon a highway which 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, need not stop upon

 

meeting a school bus or public transit bus equipped under section

 

688(4) which that has stopped across the dividing space, barrier,

 

or section.

 

     (3) In a proceeding for a violation of subsection (1), proof

 

that the particular vehicle described in the citation was in

 

violation of subsection (1) , together with proof and that the

 

defendant named in the citation was, at the time of the violation,

 

the registered owner of the vehicle, shall constitute creates a

 

presumption in evidence a presumption that the registered owner of

 

the vehicle was the driver of the vehicle at the time of the

 

violation.

 

     (4) In addition to the civil fine and costs provided for a

 

civil infraction under section 907, the judge, district court

 

referee, or district court magistrate may order a person an

 

individual who violates this section to perform not to exceed 100

 

hours of community service at a school.

 

     Sec. 688. (1) In addition to other equipment required in this

 

chapter, the following vehicles shall be equipped as provided in

 

this section under the conditions stated in section 687:

 

     (a) On every bus or truck, whatever its size, there shall be

 

on the rear, 2 red reflectors, 1 on each side, and 1 red or amber

 

stop light.

 

     (b) On every bus or truck 80 inches or more in overall width,

 

in addition to the requirements in subdivision (a), the following:

 

     (i) On the front, 2 clearance lamps, 1 at each side.

 

     (ii) On the rear, 2 clearance lamps, 1 at each side.

 

     (iii) On each side, 2 side marker lamps, 1 at or near the front

 

and 1 at or near the rear.

 

     (iv) On each side, 2 reflectors, 1 at or near the front and 1

 

at or near the rear.

 

     (v) Three identification lamps, mounted on the vertical

 

centerline of the vehicle or the vertical centerline of the cab

 

where different from the centerline of the vehicle, except that,

 

where the cab is not more than 42 inches wide at the front

 

roofline, a single lamp at the center of the cab shall be

 

considered to comply complies with the requirements for

 

identification lamps. The identification lamps or their mounts

 

shall not extend below the top of the vehicle windshield.

 

     (c) On every truck tractor, the following:

 

     (i) On the front, 2 clearance lamps, 1 at each side.

 

     (ii) On the rear, 1 stop light.

 

     (d) On every trailer, pickup camper, or semitrailer having a

 

gross weight in excess of 3,000 pounds, the following:

 

     (i) On the front, 2 clearance lamps, 1 at each side.

 

     (ii) On each side, 2 side marker lamps, 1 at or near the front

 

and 1 at or near the rear.

 

     (iii) On each side, 2 reflectors, 1 at or near the front and 1

 

at or near the rear.

 

     (iv) On the rear, 2 clearance lamps, 1 at each side, also 2

 

reflectors, 1 at each side, and 1 stop light.

 

     (e) On every poletrailer, the following:

 

     (i) On each side, 1 side marker lamp and 1 clearance lamp,

 

which may be in combination, to show to the front, side, or rear.

 

     (ii) On the rear of the poletrailer or load, 2 reflectors, 1 on

 

each side.

 

     (f) On every trailer, pickup camper, or semitrailer weighing

 

3,000 pounds gross or less, on the rear, 2 reflectors, 1 on each

 

side. if If any trailer or semitrailer is so loaded or is of such

 

dimensions as to obscure the stop light on the towing vehicle, then

 

such vehicle the trailer or semitrailer shall also be equipped with

 

1 stop light.

 

     (g) Subject to subsection (3), when operated on the highway,

 

on every vehicle which that has a maximum potential speed of 25

 

miles an hour, implement of husbandry, farm tractor, or special

 

mobile equipment, shall be identified with a reflective device as

 

follows:

 

     (i) An equilateral triangle in shape, at least 16 inches wide

 

at the base and at least 14 inches in height, : with a dark red

 

border , at least 1-3/4 inches wide of highly reflective beaded

 

material.

 

     (ii) A center triangle, at least 12-1/4 inches on each side, of

 

yellow-orange fluorescent material.

 

     (2) The A device described in subdivision (g) subsection

 

(1)(g) shall be mounted on the rear of the vehicle, broad base

 

down, not less than 3 feet nor more than 5 feet above the ground

 

and as near the center of the vehicle as possible. The use of this

 

reflective device is restricted to use on slow moving vehicles

 

specified in this section, and use of such reflective device on any

 

other type of vehicle or stationary object on the highway is

 

prohibited. On the rear, at each side, red reflectors or

 

reflectorized material shall be visible from all distances within

 

500 to 50 feet to the rear when directly in front of lawful upper

 

beams of headlamps.

 

     (3) An implement of husbandry manufactured on or after January

 

1, 2007 shall comply with section 684a.

 

     (4) A public transit bus may, but is not required to, be

 

equipped with signal lights that satisfy the requirements of

 

section 19 of the pupil transportation act, 1990 PA 187, MCL

 

257.1819, and a stop signal arm and other safety implements as

 

required for school buses by 49 CFR part 571.