Bill Text: MI SB0560 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Vehicles: registration; registration of an automated delivery device; provide for. Amends secs. 2b, 33, 35a, 36, 216, 217b, 636, 637, 657, 660, 679a & 706 of 1949 PA 300 (MCL 257.2b et seq.) & adds secs. 655c & 801m. TIE BAR WITH: SB 0561'21
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-06-23 - Referred To Committee On Transportation And Infrastructure [SB0560 Detail]
Download: Michigan-2021-SB0560-Introduced.html
SENATE BILL NO. 560
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 2b, 33, 35a, 36, 216, 217b, 636, 637, 657, 660, 679a, and 706 (MCL 257.2b, 257.33, 257.35a, 257.36, 257.216, 257.217b, 257.636, 257.637, 257.657, 257.660, 257.679a, and 257.706), section 2b as amended by 2016 PA 332, section 33 as amended by 2018 PA 391, sections 35a and 36 as amended by 2013 PA 231, section 216 as amended by 2020 PA 304, section 217b as amended by 2000 PA 82, section 636 as amended by 2020 PA 263, section 637 as amended by 2018 PA 280, section 657 as amended by 2018 PA 204, and section 660 as amended by 2018 PA 394, and by adding sections 655c and 801m.
the people of the state of michigan enact:
Sec. 2b. (1) "Automated delivery device" means a device that meets all of the following:
(a) Is no more than 40 inches wide.
(b) Weighs less than 400 pounds including cargo.
(c) Has a maximum attainable speed of 25 miles per hour or less.
(d) Is equipped with an automated driving system.
(e) Is used to transport goods or perform services on a sidewalk or other areas open to pedestrian traffic or on a highway or street, but not to transport a human operator or passenger.
(2) (1) "Automated driving system" means hardware and software that are collectively capable of performing all aspects of the dynamic driving task for a vehicle or automated delivery device on a part-time or full-time basis without any supervision by a human operator. As used in this subsection, "dynamic driving task" means all of the following, but does not include strategic aspects of a driving task, including, but not limited to, determining destinations or waypoints:
(a) Operational aspects, including, but not limited to, steering, braking, accelerating, and monitoring the vehicle and the roadway.
(b) Tactical aspects, including, but not limited to, responding to events, determining when to change lanes, turning, using signals, and other related actions.
(3) (2) "Automated motor vehicle" means a motor vehicle on which an automated driving system has been installed, either by a manufacturer of automated driving systems or an upfitter that enables the motor vehicle to be operated without any control or monitoring by a human operator. Automated motor vehicle does not include a motor vehicle enabled with 1 or more active safety systems or operator assistance systems, including, but not limited to, a system to provide electronic blind spot assistance, crash avoidance, emergency braking, parking assistance, adaptive cruise control, lane-keeping assistance, lane departure warning, or traffic jam and queuing assistance, unless 1 or more of these technologies alone or in combination with other systems enable the vehicle on which any active safety systems or operator assistance systems are installed to operate without any control or monitoring by an operator.
(4) (3) "Automated technology" means technology installed on a motor vehicle or automated delivery device that has the capability to assist, make decisions for, or replace a human operator.
(5) (4) "Automatic crash notification technology" means a vehicle service that integrates wireless communications and vehicle location technology to determine the need for or to facilitate emergency medical response in the event of a vehicle crash.
(6) (5) "Manufacturer of automated driving systems" means a manufacturer or subcomponent system producer recognized by the secretary of state that develops or produces automated driving systems, or automated vehicles, or automated delivery devices.
(7) (6) "Mobility research center" means a nonprofit entity that has the ability to receive and accept from any federal, state, or municipal agency, foundation, public or private agency, entity, or individual a grant, contribution, or loan for or in aid of the planning, construction, operation, upgrade, or financing of a facility for testing advanced transportation systems, including, but not limited to, connected or automated technology or automated motor vehicles to increase mobility options.
(8) (7) "Motor vehicle manufacturer" means a person that has manufactured and distributed motor vehicles in the United States that are certified to comply with all applicable federal motor vehicle safety standards and that has submitted appropriate manufacturer identification information to the National Highway Traffic Safety Administration as provided in 49 CFR part 566. As used in this section, section 665a, and section 665b only, motor vehicle manufacturer also includes a person that satisfies all of the following:
(a) The person has manufactured automated motor vehicles in the United States that are certified to comply with all applicable federal motor vehicle safety standards.
(b) The person has operated automated motor vehicles using a test driver and with an automated driving system engaged on public roads in the United States for at least 1,000,000 miles.
(c) The person has obtained an instrument of insurance, surety bond, or proof of self-insurance in the amount of at least $10,000,000.00, and has provided evidence of that insurance, surety bond, or self-insurance to the department in a form and manner required by the department.
(9) (8) "On-demand automated motor vehicle network" means a digital network or software application used to connect passengers to automated motor vehicles, not including commercial motor vehicles, in participating fleets for transportation between points chosen by passengers, for transportation between locations chosen by the passenger when the automated motor vehicle is operated by the automated driving system.
(10) (9) "Participating fleet" means any of the following:
(a) Vehicles that are equipped with automated driving systems that are operating on the public roads and highways of this state in a SAVE project as provided in section 665b.
(b) Vehicles that are supplied or controlled by a motor vehicle manufacturer, and that are equipped with automated driving systems that are operating on the public roads and highways of this state in an on-demand automated motor vehicle network.
(11) (10) "SAVE project" means an initiative that authorizes eligible motor vehicle manufacturers to make available to the public on-demand automated motor vehicle networks as provided in section 665b.
(12) (11) "Upfitter" means a person that modifies a motor vehicle after it was manufactured by installing an automated driving system in that motor vehicle to convert it to an automated motor vehicle. Upfitter includes a subcomponent system producer recognized by the secretary of state that develops or produces automated driving systems.
Sec. 33. "Motor vehicle" means every vehicle that is self-propelled, but for purposes of chapter 4, IV, motor vehicle does not include industrial equipment such as a forklift, a front-end loader, or other construction equipment that is not subject to registration under this act. Motor vehicle does not include a power-driven mobility device when that power-driven mobility device is being used by an individual with a mobility disability. Motor vehicle does not include an electric patrol vehicle being operated in compliance with the electric patrol vehicle act, 1997 PA 55, MCL 257.1571 to 257.1577. Motor vehicle does not include an electric personal assistive mobility device. Motor vehicle does not include an electric carriage. Motor vehicle does not include a commercial quadricycle. Motor vehicle does not include an electric bicycle. Motor vehicle does not include an electric skateboard. Motor vehicle does not include an automated delivery device.
Sec. 35a. "Operate" or "operating" means 1 or more of the following:
(a) Being in actual physical control of a vehicle. This subdivision applies regardless of whether or not the person is licensed under this act as an operator or chauffeur.
(b) Causing an automated motor vehicle to move under its own power in automatic mode upon a highway or street regardless of whether the person is physically present in that automated motor vehicle at that time. This subdivision applies regardless of whether the person is licensed under this act as an operator or chauffeur. As used in this subdivision, "causing an automated motor vehicle to move under its own power in automatic mode" includes engaging the automated technology of that automated motor vehicle for that purpose.
(c) Causing an automated delivery device to move under its own power under the control of a remote operator or the automated driving system upon a sidewalk, other place open to pedestrian traffic, or a highway or street.
Sec. 36. "Operator" means a person, other than a chauffeur, who does either any of the following:
(a) Operates a motor vehicle upon a highway or street.
(b) Operates an automated motor vehicle upon a highway or street.
(c) Operates an automated delivery device upon a sidewalk, other place open to pedestrian traffic, or a highway or street.
Sec. 216. (1) Every motor vehicle, recreational vehicle, trailer, semitrailer, and pole trailer, and automated delivery device, when driven or moved on a street or highway, is subject to the registration and certificate of title provisions of this act except the following:
(a) A vehicle driven or moved on a street or highway in conformance with the provisions of this act relating to manufacturers, transporters, dealers, or nonresidents.
(b) A vehicle that is driven or moved on a street or highway only for the purpose of crossing that street or highway from 1 property to another.
(c) An implement of husbandry.
(d) Special mobile equipment. The secretary of state may issue a special registration to an individual, partnership, corporation, or association not licensed as a dealer that pays the required fee, to identify special mobile equipment that is driven or moved on a street or highway.
(e) A vehicle that is propelled exclusively by electric power obtained from overhead trolley wires though not operated on rails.
(f) Any vehicle subject to registration, but owned by the government of the United States.
(g) A certificate of title is not required for a trailer, semitrailer, or pole trailer that weighs less than 2,500 pounds.
(h) A vehicle driven or moved on a street or highway, by the most direct route, only for the purpose of securing a scale weight receipt from a weighmaster for purposes of section 801 or obtaining a vehicle inspection by a law enforcement agency before titling or registration of that vehicle.
(i) A certificate of title is not required for a vehicle owned by a manufacturer or dealer and held for sale or lease, even though incidentally moved on a street or highway or used for purposes of testing or demonstration.
(j) A bus or a school bus that is not self-propelled and is used exclusively as a construction shanty.
(k) A certificate of title is not required for a moped or automated delivery device.
(l) Except as otherwise provided in subsection (3), for 3 days immediately following the date of a properly assigned title or signed lease agreement from any person other than a dealer, a registration is not required for a vehicle driven or moved on a street or highway for the sole purpose of transporting the vehicle by the most direct route from the place of purchase or lease to a place of storage if the driver has in his or her possession the assigned title showing the date of sale or a lease agreement showing the date of the lease.
(m) A certificate of registration is not required for a pickup camper, but a certificate of title is required.
(n) A new motor vehicle driven or moved on a street or highway only for the purpose of moving the vehicle from an accident site to a storage location if the vehicle was being transported on a railroad car or semitrailer that was involved in a disabling accident.
(o) A boat lift used for transporting vessels between a marina or a body of water and a place of inland storage.
(2) Except as otherwise provided in this subsection, a registration issued to a motor vehicle, recreational vehicle, trailer, semitrailer, or pole trailer, when driven or moved on a street or highway, that expires on or after March 1, 2020 is valid until March 31, 2021. If the registration issued to a motor vehicle, recreational vehicle, trailer, semitrailer, or pole trailer, when driven or moved on a street or highway, that is used for commercial purposes expires on or after March 1, 2020, the registration is valid until March 31, 2021.
(3) Notwithstanding any provision of law to the contrary, until March 31, 2021, a properly assigned title or signed lease agreement from any person other than a dealer is considered proof of registration of the vehicle.
Sec. 217b. A moped, an automated delivery device, and a low-speed vehicle shall must have permanently affixed to their frame a manufacturer's identification number.
Sec. 636. (1) The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to sections 637 to 643a:
(a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left of that vehicle, and when safely clear of the overtaken vehicle shall take up a position as near the right-hand edge of the main traveled portion of the highway as is practicable.
(b) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.
(2) The driver of a motor vehicle or operator of an automated delivery device overtaking a bicycle proceeding in the same direction shall pass at a safe distance of at least 3 feet to the left of that bicycle or, if it is impracticable to pass the bicycle at a distance of 3 feet to the left, at a safe distance to the left of that bicycle at a safe speed, and when safely clear of the overtaken bicycle shall take up a position as near the right-hand edge of the main traveled portion of the highway as is practicable.
(3) Notwithstanding section 640, if it is safe to do so, the driver of a vehicle or operator of an automated delivery device overtaking a bicycle proceeding in the same direction may overtake and pass the bicycle in a no-passing zone.
(4) A person who violates this section is responsible for a civil infraction.
Sec. 637. (1) The driver of a vehicle may overtake and pass upon the right of another vehicle only if 1 or more of the following conditions exist:
(a) When the vehicle overtaken is making or about to make a left turn.
(b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for 2 or more lines of moving vehicles in each direction and when the vehicles are moving in substantially continuous lanes of traffic.
(c) Upon a 1-way street, or upon a roadway on which traffic is restricted to 1 direction of movement, where the roadway is free from obstructions and of sufficient width for 2 or more lines of moving vehicles and when the vehicles are moving in substantially continuous lanes of traffic.
(2) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting the overtaking and passing in safety. The driver of a vehicle shall not overtake and pass another vehicle upon the right by driving off the pavement or main-traveled portion of the roadway.
(3) The driver of a vehicle or operator of an automated delivery device overtaking a bicycle proceeding in the same direction shall, when otherwise permitted by this section, pass at a distance of 3 feet to the right of that bicycle or, if it is impracticable to pass the bicycle at a distance of 3 feet to the right, at a safe distance to the right of that bicycle at a safe speed.
(4) A person who violates this section is responsible for a civil infraction.
Sec. 655c. (1) An automated delivery device must meet all of the following requirements:
(a) If operated upon a highway in this state at any time from a half an hour after sunset to a half an hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 500 feet, have and operate a lamp on the front of the device that emits white light visible from a distance of at least 500 feet to the front and a lamp on the rear that emits red light visible from a distance of at least 500 feet to the rear under normal atmospheric conditions.
(b) Comply with applicable federal motor vehicle safety standards as required by the National Highway Traffic Safety Administration in both of the following:
(i) Equipment to prevent excessive or unusual noise.
(ii) Equipment to satisfy minimum sound requirements to aid visually impaired and other pedestrians.
(c) Have braking equipment in good working order that enables the automated delivery device to achieve a minimal risk condition.
(d) Allow the operator to immediately take control of the device to operate it remotely.
(e) If less than 42 inches in height, be equipped with a safety flag at least 42 inches in height.
(f) Be labeled in 3-inch type with the operator's name, address, and telephone number, and a unique number assigned by the operator.
(2) This act occupies the whole field of regulation of automated delivery devices operating in this state. A local authority shall not adopt, enact, or enforce a local law regulating the operation of an automated delivery device in a manner inconsistent with this chapter. This section does not affect the authority of a local authority's police officers to enforce the laws of this state relating to the operation of a vehicle or automated delivery device. As used in this subsection, "local law" means that term as defined in section 605.
(3) The operator of an automated delivery device is liable in the event of personal injury or property damage caused by the operation of the automated delivery device.
(4) The operator of an automated delivery device shall maintain liability coverage on each device of not less than $250,000.00 for damages caused by the operation of the device.
Sec. 657. (1) Each person riding a bicycle, electric bicycle, electric personal assistive mobility device, electric skateboard, or moped or operating a low-speed vehicle, automated delivery device, or commercial quadricycle upon a roadway has all of the rights and is subject to all of the duties applicable to the driver operator of a vehicle under this chapter, except for special regulations in this article and except for the provisions of this chapter that by their nature do not apply.
(2) A person operating an automated delivery device on a sidewalk, crosswalk, or other place open to the general public or accessible to pedestrian traffic has all of the rights and is subject to all of the duties applicable to a pedestrian under this chapter, except for special regulations in this article and the provisions of this chapter that by their nature do not apply.
Sec. 660. (1) A person operating an electric personal assistive mobility device, low-speed vehicle, electric skateboard, automated delivery device, or moped upon a roadway shall ride operate as near to the right side of the roadway as practicable and shall exercise due care when passing a standing vehicle or one proceeding in the same direction. A motorcycle is entitled to full use of a lane, and a motor vehicle shall must not be driven in such a manner as to deprive a motorcycle of the full use of a lane. This subsection does not apply to motorcycles operated 2 abreast in a single lane.
(2) A person riding an electric personal assistive mobility device, motorcycle, electric skateboard, or moped upon a roadway shall not ride more than 2 abreast except on a path or part of a roadway set aside for the exclusive use of those vehicles.
(3) Where a usable and designated path for bicycles is provided adjacent to a highway or street, a person operating an electric personal assistive mobility device or electric skateboard may, by local ordinance, be required to use that path.
(4) A person operating a motorcycle, moped, low-speed vehicle, electric personal assistive mobility device, or electric skateboard shall not pass between lines of traffic, but may pass on the left of traffic moving in his or her direction in the case of a 2-way street or on the left or right of traffic in the case of a 1-way street, in an unoccupied lane.
(5) A person operating an electric personal assistive mobility device, automated delivery device, or electric skateboard on a sidewalk constructed for the use of pedestrians shall yield the right-of-way to a pedestrian and shall give an audible signal before overtaking and passing the pedestrian.
(6) A moped, low-speed vehicle, or commercial quadricycle shall must not be operated on a sidewalk constructed for the use of pedestrians.
(7) A low-speed vehicle or commercial quadricycle shall must be operated at a speed of not more than 25 miles per hour. A low-speed vehicle shall must not be operated on a highway or street with a speed limit of more than 35 miles per hour except for the purpose of crossing that highway or street. A commercial quadricycle shall must not be operated on a highway or street with a speed limit of more than 45 miles per hour except for the purpose of crossing that highway or street. An individual shall not operate a commercial quadricycle that is equipped with a motor unless he or she has a valid operator's license issued under this act. The state transportation department may prohibit the operation of a low-speed vehicle or commercial quadricycle on any highway or street under its jurisdiction if it determines that the prohibition is necessary in the interest of public safety.
(8) This section does not apply to a police officer in the performance of his or her official duties.
(9) An electric personal assistive mobility device shall must be operated at a speed of not more than 15 miles per hour and shall must not be operated on a highway or street with a speed limit of more than 25 miles per hour except to cross that highway or street.
(10) An electric skateboard shall must be operated at a speed of not more than 25 miles per hour. An electric skateboard that does not have handlebars shall must not be operated on a highway or street with a speed limit of more than 25 miles per hour except to cross that highway or street, and an electric skateboard equipped with handlebars shall must not be operated on a highway or street with a speed limit of more than 45 miles per hour except to cross that highway or street.
(11) When an automated delivery device is operated on a sidewalk or other place open to pedestrian traffic, the automated delivery device must not be operated at a speed of more than 10 miles per hour. A local authority may adopt, enact, or enforce a local law regulating the maximum speed of an automated delivery device on a sidewalk or other place open to pedestrian traffic of no less than 6 miles per hour or more than 10 miles per hour.
(12) (11) The governing body of a county, a city, a village, an entity created under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, or a township may, by ordinance based on the health, safety, and welfare of the citizens, regulate the operation of electric personal assistive mobility devices, electric skateboards, or commercial quadricycles on sidewalks, highways or streets, or crosswalks. Except as otherwise provided in this subsection, a governing body of a county, city, village, entity created under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, or township may prohibit the operation of electric personal assistive mobility devices, electric skateboards or commercial quadricycles in an area open to pedestrian traffic adjacent to a waterfront or on a trail under its jurisdiction or in a downtown or central business district. Signs indicating the regulation shall must be conspicuously posted in the area where the use of an electric personal assistive mobility device, electric skateboard, or commercial quadricycle is regulated.
(13) (12) Operation of an electric personal assistive mobility device, automated delivery device, or electric skateboard is prohibited in a special charter city and a state park under the jurisdiction of the Mackinac Island State Park commission.
(14) (13) Operation of an electric personal assistive mobility device or electric skateboard may be prohibited in a historic district.
(15) (14) The department of natural resources may by order regulate the use of electric personal assistive mobility devices or electric skateboards on all lands under its control.
(16) An automated delivery device must not be operated on a trail.
Sec. 679a. (1) A person shall not operate a any of the following on a limited access highway in this state:
(a) A motorcycle with less than a 125 cubic centimeter engine. ,
(b) A moped. ,
(c) An automated delivery device.
(d) A farm tractor , or other self-propelled farm implement. , nor shall
(2) Except as otherwise provided in this subsection, a pedestrian, bicycle, except as provided in this section, or and other nonmotorized traffic be are not permitted on a limited access highway in this state. Bicycles shall be are permitted on paths constructed separately from the roadway and designated for the exclusive use of bicycles.
(3) (2) A person who violates this section is responsible for a civil infraction.
Sec. 706. (1) (a) A motor vehicle, including a motorcycle or moped, or an automated delivery device, when operated upon a highway shall must be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet but a horn or other warning device shall must not emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonably necessary to insure ensure safe operation give audible warning with his or her horn but shall not otherwise use the horn when upon a highway.
(2) (b) A vehicle shall must not be equipped with nor shall and a person shall not use upon on a vehicle a siren, whistle, or bell, except as otherwise permitted in this section.
(3) (c) A commercial vehicle may be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal.
(4) (d) An authorized emergency vehicle may be equipped with a siren, whistle, air horn, or bell capable of emitting sound audible under normal conditions from a distance of not less than 500 feet, but the siren shall must not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law. In those cases the driver of the vehicle shall sound the siren when necessary to warn pedestrians and other drivers of the approach of the vehicle.
(5) (e) A motor vehicle licensed as an a historic vehicle may be equipped with a siren, whistle, or bell which may be used when participating in a parade, exhibition, tour, or similar event.
Sec. 801m. (1) If an automated delivery device required to be registered under this act is sold by a retailer to a general purchaser, the retailer shall obtain the certificate of registration in the name of the purchaser. In other circumstances, the purchaser or manufacturer shall obtain the certificate of registration. An application for registration must be signed by the purchaser or manufacturer of the automated delivery device. On receipt of an application for registration in approved form, the secretary of state shall enter the application in the secretary of state's records and issue to the applicant a certificate of registration accompanied by the decal for the automated delivery device, the name and address of the owner, and other information the secretary of state considers necessary. An automated delivery device is not required to be insured under chapter 31 of the insurance code of 1956, 1956 PA 218, MCL 500.3101 to 500.3179. The certificate of registration must be legible and made available for inspection on demand by a law enforcement officer.
(2) The secretary of state shall issue a decal indicating that the certificate of registration is in effect. A registration certificate and decal must not be issued earlier than 90 days before the commencement date of the new registration period.
(3) A manufacturer of automated delivery devices, on application to the secretary of state on forms provided by the secretary of state, may obtain certificates of registration for use in the testing or demonstrating of an automated delivery device by temporary placement of the registration on the automated delivery device being tested or demonstrated. A certificate issued under this subsection may be used on only 1 automated delivery device at a time.
(4) An automated delivery device registration is valid for a 3-year period that begins on May 1 and expires on April 30 of the third registration year. For purposes of this subsection, a registration year begins on May 1 and ends on April 30.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 561 of the 101st Legislature is enacted into law.
