Bill Text: MI SB0728 | 2009-2010 | 95th Legislature | Introduced

---

Bill Title: Traffic control; traffic regulation; use of due care and caution when approaching and passing stationary postal delivery vehicle; require, and provide for penalties. Amends 1949 PA 300 (MCL 257.1 - 257.923) by adding sec. 653c.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-08-05 - Referred To Committee On Transportation [SB0728 Detail]

Download: Michigan-2009-SB0728-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 728

 

 

August 5, 2009, Introduced by Senator STAMAS and referred to the Committee on Transportation.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

(MCL 257.1 to 257.923) by adding section 653c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 653c. (1) Upon approaching and passing a stationary

 

postal delivery vehicle, the driver of an approaching vehicle shall

 

exhibit due care and caution, as required under the following:

 

     (a) On any public roadway with at least 2 adjacent lanes

 

proceeding in the same direction of the stationary postal delivery

 

vehicle, 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 postal

 

delivery vehicle, 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 public roadway that does not have at least 2

 

adjacent lanes proceeding in the same direction as the stationary

 

postal delivery vehicle, 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

 

postal worker or contract postal worker in the immediate area of

 

the stationary postal delivery vehicle 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

 

postal worker or contract postal worker in the immediate area of

 

the stationary postal delivery vehicle is guilty of a felony

 

punishable by a fine of not more than $7,500.00 or imprisonment for

 

not more than 15 years, or both.

 

     (5) As used in this section:

 

     (a) "Contract postal worker" means an individual working under

 

contract with the United States postal service to collect or

 

deliver United States mail.

 

     (b) "Postal delivery vehicle" means a vehicle owned or

 

operated by the United States postal service or a contract postal

 

worker to collect or deliver United States mail and that is clearly

 

marked as a vehicle used for that purpose.

 

     (c) "Postal worker" means an individual employed by the United

 

States postal service to collect or deliver United States mail.