May 2, 2018, Introduced by Senators HOOD, GREGORY and ANANICH and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 653a (MCL 257.653a), as added by 2000 PA 458.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
653a. (1) Upon Except as
provided in section 653b, upon
approaching
and passing a stationary authorized emergency vehicle,
that
is giving a visual signal by means of flashing, rotating, or
oscillating
red, blue, or white 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 authorized
emergency 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
authorized emergency 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
authorized
emergency 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
police
officer, firefighter, or other emergency response personnel
an
individual in the immediate area of the
stationary authorized
emergency
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 a
police
officer, firefighter, or other emergency response personnel
an
individual in the immediate area of the
stationary authorized
emergency
vehicle is guilty of a felony
punishable by a fine of not
more than $7,500.00 or by imprisonment for not more than 15 years,
or both.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.