February 24, 2009, Introduced by Reps. Booher, Ball, Hansen, Polidori, Moore, Wayne Schmidt, Lahti, Moss, Spade, Horn and Rick Jones and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 698 (MCL 257.698), as amended by 1998 PA 247.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
698. (1) A motor vehicle may shall
be equipped with not
more
than 2 side cowl or fender lamps which shall that emit
an
amber or white light without glare.
(2)
A motor vehicle may shall be equipped with not more than 1
running
board courtesy lamp on each side which shall emit that
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 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 a driver of a vehicle approaching from the rear.
(4) Unless both covered and unlit, a vehicle driven 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 C.F.R.
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 operator
or passenger of a motor
vehicle shall not display or possess flashing, oscillating, or
rotating
lights of any color is prohibited on or from a motor
vehicle,
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, the this state, or any unit of the
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 as defined in section 2
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 mounted on the
roof section of the vehicle, either as a permanent installation or
by means of suction cups or magnets, and 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 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.
(e) A motor vehicle used for the cleanup of spills or a
necessary
emergency response action taken pursuant to under state
or federal law or a vehicle operated by an employee of the
department of natural resources that responds to a spill, emergency
response action, complaint, or compliance activity may be equipped
with
flashing, rotating, or oscillating amber lights. Such However,
these lights shall not be activated unless the motor vehicle is at
the scene of a spill, emergency response action, complaint, or
compliance activity.
(f) A motor vehicle used to perform public utility service, a
motor 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 motor vehicle engaged in authorized highway repair or
maintenance,
a vehicle of a peace officer officer's vehicle, a
motor vehicle operated by a rural letter carrier or a person under
contract to deliver newspapers or other publications by motor
route, a motor vehicle utilized for snow removal, 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 motor vehicle owned by the 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 which 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 in those
circumstances that the warning produced by the lights is required
for public safety.
(g) A motor vehicle engaged in leading or escorting a funeral
procession
or any a vehicle that is part of a funeral procession
may be equipped with flashing, rotating, or oscillating purple or
amber
lights which 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 which 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 where 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).
(l) A motor vehicle used by a driver education instructor or
driver education provider certified under the driver education
provider and instructor act, 2006 PA 384, MCL 256.621 to 256.705,
to give instruction as part of a driver education course as that
term is defined in section 3 of the driver education provider and
instructor act, 2006 PA 384, MCL 256.623, shall be equipped with a
flashing, rotating, or oscillating amber light, which shall only be
activated during the course of the instruction described under this
subdivision.
(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 state, a
county or municipality within the state, a person engaged in the
business of operating an ambulance or wrecker service, or a
federally
recognized nonprofit charitable organization which that
owns and operates an emergency support vehicle used exclusively for
emergencies. This subsection does not prohibit an authorized
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 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 which 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.
(7) A private motor vehicle of a security guard agency or
alarm
company licensed pursuant to under
the private security guard
business
and security alarm act, of
1968, 1968 PA 330, MCL 338.1051
to
338.1085 338.1083, 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 shall not be construed to prohibit, restrict,
or limit the use of lights authorized or required under sections
697, 697a, and 698a.
(9) A person who violates subsection (1), (2), (3), or (4) is
responsible for a civil infraction.