Bill Text: MI HB5766 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Vehicles; equipment; use of amber lights on vehicles performing snow removal services; allow during movement between jobs, allow for operation of certain vehicles with snow plow blades up to 10 feet wide during certain periods, and other revisions. Amends secs. 224, 226, 698, 717 & 808 of 1949 PA 300 (MCL 257.224 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-10-17 - Assigned Pa 342'18 With Immediate Effect [HB5766 Detail]
Download: Michigan-2017-HB5766-Engrossed.html
HB-5766, As Passed House, May 17, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5766
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 698 and 717 (MCL 257.698 and 257.717), section
698 as amended by 2017 PA 37 and section 717 as amended by 2014 PA
391.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 698. (1) A motor vehicle may be equipped with not more
than
2 side cowl or fender lamps 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 that shall emit emits 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 so 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 an operator of a vehicle approaching from the
rear.
(4) Unless both covered and unlit, a vehicle 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 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 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, this state, or any unit of this
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 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 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 or green 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 other operations designed to control ice and snow,
or engaged in other non-winter operations. This subdivision does
not prohibit the use of a flashing, rotating, or oscillating green
light by a fire service.
(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 or the department of environmental quality that responds
to a spill, emergency response action, complaint, or compliance
activity may be equipped with flashing, rotating, or oscillating
amber or green lights. The lights described in this subdivision
shall not be activated unless the vehicle is at the scene of a
spill, emergency response action, complaint, or compliance
activity. This subdivision does not prohibit the use of a flashing,
rotating, or oscillating green light by a fire service.
(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 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 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 when the
warning produced by the lights is required for public safety. This
subdivision does not prohibit the operator of a vehicle utilized
for snow or ice removal under section 682c that is equipped with
flashing, rotating, or oscillating amber lights from activating the
flashing, rotating, or oscillating amber lights when that vehicle
is traveling between locations at which it is being utilized for
snow or ice removal.
(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 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 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 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 this state,
a
county
or municipality within the this
state, a person engaged in
the business of operating an ambulance or wrecker service, or a
federally recognized nonprofit charitable organization that owns
and operates an emergency support vehicle used exclusively for
emergencies. This subsection does not prohibit an authorized
emergency 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 authorized 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 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 under the private security business and
security alarm act, 1968 PA 330, MCL 338.1051 to 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 does not prohibit, restrict, or limit the use
of lights authorized or required under sections 697, 697a, and
698a.
(9) A person who operates a vehicle in violation of subsection
(1), (2), (3), or (4) is responsible for a civil infraction.
Sec. 717. (1) The total outside width of a vehicle or the load
on a vehicle shall not exceed 96 inches, except as otherwise
provided in this section.
(2) A person may operate or move an implement of husbandry of
any width on a highway as required, designed, and intended for
farming operations, including the movement of implements of
husbandry being driven or towed and not hauled on a trailer,
without obtaining a special permit for an excessively wide vehicle
or load under section 725. The operation or movement of the
implement of husbandry shall be in a manner so as to minimize the
interruption of traffic flow. A person shall not operate or move an
implement of husbandry to the left of the center of the roadway
from a half hour after sunset to a half hour before sunrise, under
the conditions specified in section 639, or at any time visibility
is substantially diminished due to weather conditions. A person
operating or moving an implement of husbandry shall follow all
traffic regulations.
(3) The total outside width of the load of a vehicle hauling
concrete pipe, ferrous pipe, agricultural products, or unprocessed
logs, pulpwood, or wood bolts shall not exceed 108 inches.
(4) Except as provided in subsections (2) and (5) and this
subsection, if a vehicle that is equipped with pneumatic tires is
operated on a highway, the maximum width from the outside of 1
wheel and tire to the outside of the opposite wheel and tire shall
not exceed 102 inches, and the outside width of the body of the
vehicle or the load on the vehicle shall not exceed 96 inches.
However, a truck and trailer or a tractor and semitrailer
combination hauling pulpwood or unprocessed logs may be operated
with a maximum width of not to exceed 108 inches in accordance with
a special permit issued under section 725.
(5) The total outside body width of a bus, a trailer coach, a
trailer, a semitrailer, a truck camper, or a motor home shall not
exceed 102 inches. However, an appurtenance of a trailer coach, a
truck camper, or a motor home that extends not more than 6 inches
beyond
the total outside body width is does
not a violation of
violate this section.
(6) A vehicle shall not extend beyond the center line of a
state trunk line highway except when authorized by law. Except as
provided in subsection (2), if the width of the vehicle makes it
impossible to stay away from the center line, a permit shall be
obtained under section 725.
(7) The director of the state transportation department, a
county road commission, or a local authority may designate a
highway under the agency's jurisdiction as a highway on which a
person may operate a vehicle or vehicle combination that is not
more than 102 inches in width, including load, the operation of
which would otherwise be prohibited by this section. The agency
making the designation may require that the owner or lessee of the
vehicle or of each vehicle in the vehicle combination secure a
permit before operating the vehicle or vehicle combination. This
subsection does not restrict the issuance of a special permit under
section 725 for the operation of a vehicle or vehicle combination.
This subsection does not permit the operation of a vehicle or
vehicle combination described in section 722a carrying a load
described in that section if the operation would otherwise result
in a violation of that section.
(8) The director of the state transportation department, a
county road commission, or a local authority may issue a special
permit under section 725 to a person operating a vehicle or vehicle
combination if all of the following are met:
(a) The vehicle or vehicle combination, including load, is not
more than 106 inches in width.
(b) The vehicle or vehicle combination is used solely to move
new motor vehicles or parts or components of new motor vehicles
between facilities that meet all of the following:
(i) New motor vehicles or parts or components of new motor
vehicles are manufactured or assembled in the facilities.
(ii) The facilities are located within 10 miles of each other.
(iii) The facilities are located within the city limits of the
same city and the city is located in a county that has a population
of more than 400,000 and less than 500,000 according to the most
recent federal decennial census.
(c) The special permit and any renewals are each issued for a
term of 1 year or less.
(9) A person may move or operate a boat lift of any width or
an oversized hydraulic boat trailer owned and operated by a marina
or watercraft dealer in a commercial boat storage operation on a
highway under a multiple trip permit issued on an annual basis as
specified under section 725. The operation or movement of the boat
lift or trailer shall minimize the interruption of traffic flow. It
shall be used exclusively to transport a boat between a place of
storage and a marina or in and around a marina. A boat lift or
oversized hydraulic boat trailer may be operated, drawn, or towed
on a street or highway only when transporting a vessel between a
body of water and a place of storage or when traveling empty to or
from transporting a vessel. A boat lift shall not be operated on
limited access highways. A person moving or operating a boat lift
or oversized hydraulic boat trailer shall follow all traffic
regulations and shall ensure the route selected has adequate power
and utility wire height clearance.
(10) A person may operate or move a truck to which a snowplow
blade that is wider than 96 inches but no more than 132 inches wide
is mounted without obtaining a special permit for an excessively
wide vehicle or load under section 725. This subsection only
applies between October 1 and May 1 of each year. A person
operating a truck described in this subsection shall minimize the
overwidth condition of the snowplow blade when not engaged in snow
removal by angling the plow blade or any other method. This
subsection does not apply to a person operating construction
equipment for snow removal.
(11) (10)
A person who violates this section
is responsible
for a civil infraction. The owner of the vehicle may be charged
with a violation of this section.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
