HOUSE BILL No. 5861

 

 

September 13, 2016, Introduced by Reps. Hughes and Crawford and referred to the Committee on Transportation and Infrastructure.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 653b (MCL 257.653b), as added by 2008 PA 464.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

waste collection vehicle, a utility service vehicle , or a road

 

maintenance vehicle that is giving a visual signal by means of

 

flashing, rotating, or oscillating amber lights as permitted by

 

section 698, the driver of an approaching vehicle shall reduce to

 

and maintain a safe speed for weather, road conditions, and

 

vehicular or pedestrian traffic and proceed with due care and

 

caution.

 

     (2) Upon approaching and passing a stationary solid waste

 

collection vehicle that is giving a visual signal by means of

 


flashing, rotating, or oscillating amber lights as permitted by

 

section 698, 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 solid waste

 

collection 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 solid waste collection 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

 

solid waste collection 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.

 

     (3) (2) As used in this section:

 

     (a) "Road maintenance authority" means any of the following:

 

     (i) The state transportation department. of transportation.

 

     (ii) A local authority.

 

     (iii) An entity operating under contract with the state


transportation department of transportation or a local authority to

 

provide road construction or road maintenance services.

 

     (b) "Road maintenance vehicle" means a vehicle owned or

 

operated by a road maintenance authority.

 

     (c) "Solid waste" means that term as defined in section 11506

 

of the natural resources and environmental protection act, 1994 PA

 

451, MCL 324.11506.

 

     (d) "Solid waste collection vehicle" means a solid waste

 

transporting unit that is used for the curbside collection of

 

municipal solid waste.

 

     (e) "Solid waste hauler" means that term as defined in section

 

11506 of the natural resources and environmental protection act,

 

1994 PA 451, MCL 324.11506.

 

     (f) "Solid waste transporting unit" means that term as defined

 

in section 11506 of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.11506.

 

     (g) "Utility provider" means an entity that does any of the

 

following and that is regulated as a utility under the laws of this

 

state or of the United States:

 

     (i) Generates or distributes electrical power to the public.

 

     (ii) Generates or distributes natural gas to the public.

 

     (iii) Provides sewage collection services to the public.

 

     (iv) Provides water distribution services to the public.

 

     (v) Provides telephone services to the public.

 

     (vi) Provides cable or video services to the public.

 

     (h) "Utility service vehicle" means a vehicle owned or

 

operated by a utility provider.


     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.