SB 479, As Passed Senate

SB-0479, As Passed Senate, June 7, 2007

SUBSTITUTE FOR

SENATE BILL NO. 479

(As amended, June 6, 2007)

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

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

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, a road service

vehicle, or a road maintenance vehicle that is giving a visual

signal by means of flashing, rotating, or oscillating <<red or>> 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 utility service vehicle, the road service

Senate Bill No. 479 as amended June 6, 2007

vehicle, or the road maintenance 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,

the utility service vehicle, the road service vehicle, or the road

maintenance vehicle. 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, the utility service vehicle, the

road service vehicle, or the road maintenance 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.

(2) Except as provided in subsections (3)<<, (4), and (5)>>, 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) <<Except as provided in subsection (5),>> A person who violates

this section and causes injury to an

employee of the solid waste hauler, the utility provider, the road

service provider, or the road maintenance authority in the

immediate area of the stationary solid waste collection vehicle<<, the

utility vehicle, the road service vehicle, or the road maintenance vehicle>> is

Senate Bill No. 479 as amended June 6, 2007

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) <<Except as provided in subsection (5),>> A person who violates

this section and causes death to an

employee of the solid waste hauler, the utility provider, the road

service provider, or the road maintenance authority in the

immediate area of the stationary solid waste collection vehicle<<, the

utility vehicle, the road service vehicle, or the road maintenance 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.

<<(5) Subsections (2) to (4) do not apply if the employee of the solid waste hauler, of the utility provider, of the road service provider, or of the road maintenance authority was acting in careless disregard for his or her own safety at the time of the violation.

(6)>> As used in this section:

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

operated by a road maintenance authority.

(b) "Road service provider" means a person who is engaged in

the business of providing roadside mechanical assistance or towing

services to individuals with disabled vehicles.

operated by a road service provider and that is clearly marked and

readily recognizable as a vehicle used to assist disabled vehicles.

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

of the natural resources and environmental protection act, 1994 PA

451, MCL 324.11506.

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

transporting unit that is used for the curbside collection of

municipal solid waste.

(f) "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.

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

Senate Bill No. 479 as amended June 6, 2007

in section 11506 of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.11506.

(h) "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.

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

operated by a utility provider.

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

(i) The state department of transportation.

(ii) A local authority <<THAT HAS JURISDICTION OF ROADWAYS>>.

(iii) An entity operating under contract with the state

department of transportation or a local authority to provide road

construction or road maintenance services.

<<Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted.>>