Bill Text: MI HB5382 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Traffic control; traffic regulation; requirement that vehicles move over or slow down for stationary authorized emergency vehicles; expand to include construction workers. Amends sec. 653a of 1949 PA 300 (MCL 257.653a).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-11 - Bill Electronically Reproduced 01/10/2018 [HB5382 Detail]
Download: Michigan-2017-HB5382-Introduced.html
HOUSE BILL No. 5382
January 10, 2018, Introduced by Rep. Schor and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 653a (MCL 257.653a), as added by 2000 PA 458.
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
lights
as permitted by section 698 , or
a construction worker, the
driver of an approaching vehicle shall exhibit due care and
caution, as required under the following:
(a)
On any a public roadway with at least 2 adjacent lanes
proceeding in the same direction of the stationary authorized
emergency vehicle or a public roadway with at least 2 adjacent
lanes proceeding in the same direction upon which a construction
worker is present, the driver of the approaching vehicle shall
proceed with caution 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 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 a public roadway that does not have at least 2
adjacent lanes proceeding in the same direction as the stationary
authorized emergency vehicle or a public roadway that does not have
at least 2 adjacent lanes proceeding in the same direction upon
which a construction worker 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 reduce and maintain a safe speed for
weather, road conditions, and vehicular or pedestrian traffic and
proceed with due care and caution, 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, or who violates this section and causes injury to a
construction worker, 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, or who violates this section and causes death to a
construction worker, 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) As used in this section, "construction worker" means an
individual performing construction, maintenance, surveying, or
utility work as part of a road maintenance, repair, or construction
project, including setting up, maintaining, or taking down a work
zone, if a road maintenance or construction vehicle is present in
the area where the individual is performing the work and the
vehicle displays flashing, rotating, or oscillating amber or green
lights.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
