SENATE BILL No. 1413

September 17, 2002, Introduced by Senator GARCIA and referred to the Committee on

Transportation and Tourism.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 634, 649, and 650 (MCL 257.634, 257.649, and

257.650), section 634 as amended by 1989 PA 346.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 634. (1) Upon each roadway of sufficient width, the

2 driver of a vehicle shall drive the vehicle upon the right half

3 of the roadway, except as follows:

4 (a) When overtaking and passing another vehicle proceeding

5 in the same direction under the rules governing that movement.

6 (b) When the right half of a roadway is closed to traffic

7 while under construction or repair or when an obstruction exists

8 making it necessary to drive to the left of the center of the

9 highway. A driver who is driving on the left half of a roadway

10 under this subdivision shall yield the right-of-way to an

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1 oncoming vehicle traveling in the proper direction upon the

2 unobstructed portion of the roadway.

3 (c) When a vehicle operated by a state agency or a local

4 authority or an agent of a state agency or local authority is

5 engaged in work on the roadway.

6 (d) Upon a roadway divided into 3 marked lanes for traffic

7 under the rules applicable on the roadway.

8 (2) Upon a roadway having 2 or more lanes for travel in 1

9 direction, the driver of a vehicle shall drive the vehicle in the

10 extreme right-hand lane available for travel except as otherwise

11 provided in this section. However, the driver of a vehicle may

12 drive the vehicle in any lane lawfully available to traffic

13 moving in the same direction of travel when the lanes are occu-

14 pied by vehicles moving in substantially continuous lanes of

15 traffic and in any left-hand lane lawfully available to traffic

16 moving in the same direction of travel for a reasonable distance

17 before making a left turn.

18 (3) This section shall not be construed to prohibit a vehi-

19 cle traveling in the appropriate direction from traveling in any

20 lane of a freeway having 3 or more lanes for travel in the same

21 direction. However, a city, village, township, or county may not

22 enact an ordinance which regulates the same subject matter as any

23 provision of this subsection. The driver of a truck with a gross

24 weight of more than 10,000 pounds, a truck tractor, or a combina-

25 tion of a vehicle and trailer or semitrailer shall drive the

26 vehicle or combination of vehicles only in either of the 2 lanes

27 farthest to the right, except for a reasonable distance when

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1 making a left turn or where a special hazard exists that requires

2 the use of an alternative lane for safety reasons.

3 (4) A person who violates this section is responsible for a

4 civil infraction.

5 (5) A PERSON FOUND RESPONSIBLE FOR A CIVIL INFRACTION FOR A

6 VIOLATION OF THIS SECTION, THAT CAUSES INJURY TO ANOTHER INDIVID-

7 UAL WHO IS OPERATING OR RIDING ON A MOTORCYCLE, IS SUBJECT TO A

8 FINE 5 TIMES THE FINE OTHERWISE PRESCRIBED FOR A VIOLATION OF

9 THIS SECTION.

10 Sec. 649. (1) The driver of a vehicle approaching an inter-

11 section shall yield the right of way to a vehicle which has

12 entered the intersection from a different highway.

13 (2) When 2 vehicles enter an intersection from different

14 highways at approximately the same time, the driver of the vehi-

15 cle on the left shall yield the right of way to the vehicle on

16 the right.

17 (3) The right of way rules declared in subsections (1) and

18 (2) are modified at through highways and otherwise as stated in

19 this chapter.

20 (4) The driver of a vehicle approaching a yield sign, in

21 obedience to the sign, shall slow down to a speed reasonable for

22 the existing conditions and shall yield the right of way to a

23 vehicle in the intersection or approaching on another highway so

24 closely as to constitute an immediate hazard during the time the

25 driver would be moving across or within the intersection.

26 However, if required for safety to stop, the driver shall stop

27 before entering the crosswalk on the near side of the

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1 intersection or, if there is not a crosswalk, at a clearly marked

2 stop line; but if there is not a crosswalk or a clearly marked

3 stop line, then at the point nearest the intersecting roadway

4 where the driver has a view of approaching traffic on the inter-

5 secting roadway.

6 (5) The driver of a vehicle traveling at an unlawful speed

7 shall forfeit a right of way which the driver might otherwise

8 have under this section.

9 (6) Except when directed to proceed by a police officer, the

10 driver of a vehicle approaching a stop intersection indicated by

11 a stop sign shall stop before entering the crosswalk on the near

12 side of the intersection, or if there is not a crosswalk shall

13 stop at a clearly marked stop line; or if there is not a cross-

14 walk or a clearly marked stop line, then at the point nearest the

15 intersecting roadway where the driver has a view of approaching

16 traffic on the intersecting roadway. After having stopped, the

17 driver shall yield the right of way to a vehicle which has

18 entered the intersection from another highway or which is

19 approaching so closely on the highway as to constitute an immedi-

20 ate hazard during the time when the driver would be moving across

21 or within the intersection.

22 (7) When a vehicle approaches the intersection of a highway

23 from an intersecting highway or street which is intended to be,

24 and is constructed as, a merging highway or street, and is

25 plainly marked at the intersection with appropriate merge signs,

26 the vehicle shall yield right of way to a vehicle so close as to

27 constitute an immediate hazard on the highway about to be entered

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1 and shall adjust its speed so as to enable it to merge safely

2 with the through traffic.

3 (8) A person who violates this section is responsible for a

4 civil infraction.

5 (9) A PERSON FOUND RESPONSIBLE FOR A CIVIL INFRACTION FOR A

6 VIOLATION OF THIS SECTION, THAT CAUSES INJURY TO ANOTHER INDIVID-

7 UAL WHO IS OPERATING OR RIDING ON A MOTORCYCLE, IS SUBJECT TO A

8 FINE 5 TIMES THE FINE OTHERWISE PRESCRIBED FOR A VIOLATION OF

9 THIS SECTION.

10 Sec. 650. (1) The driver of a vehicle within an intersec-

11 tion intending to turn to the left shall yield the right of way

12 to a vehicle approaching from the opposite direction which is

13 within the intersection or so close to the intersection as to

14 constitute an immediate hazard; but the driver, having so yielded

15 and having given a signal when and as required by this chapter,

16 may make the left turn and the drivers of all other vehicles

17 approaching the intersection from the opposite direction shall

18 yield the right of way to the vehicle making the left turn. At

19 an intersection at which a traffic signal is located, a driver

20 intending to make a left turn shall permit vehicles bound

21 straight through in the opposite direction which are waiting a go

22 signal to pass through the intersection before making the turn.

23 (2) A person who violates this section is responsible for a

24 civil infraction.

25 (3) A PERSON FOUND RESPONSIBLE FOR A CIVIL INFRACTION FOR A

26 VIOLATION OF THIS SECTION, THAT CAUSES INJURY TO ANOTHER

27 INDIVIDUAL WHO IS OPERATING OR RIDING ON A MOTORCYCLE, IS SUBJECT

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1 TO A FINE 5 TIMES THE FINE OTHERWISE PRESCRIBED FOR A VIOLATION

2 OF THIS SECTION.

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