HB-5643, As Passed House, December 12, 2018

HB-5643, As Passed Senate, December 11, 2018

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5643

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 13f, 660, 660d, 667, 668, and 669 (MCL

257.13f, 257.660, 257.660d, 257.667, 257.668, and 257.669), section

13f as added and section 660 as amended by 2018 PA 204, section

660d as added by 2006 PA 339, sections 667 and 668 as amended by

2002 PA 534, and section 669 as amended by 2015 PA 128.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 13f. "Electric skateboard" means a wheeled device that

has a floorboard designed to be stood upon when riding that is no

more than 60 inches long and 18 inches wide, is designed to

transport only 1 person at a time, has an electrical propulsion

system with power of no more than 2,500 watts, and has a maximum

speed on a paved level surface of not more than 25 miles per hour.

An electric skateboard may have handlebars and, in addition to

having an electrical propulsion system with power of no more than

2,500 watts, may be designed to also be powered by human

propulsion.

Sec. 660. (1) A person operating an electric personal

assistive mobility device, low-speed vehicle, electric skateboard,

or moped upon a roadway shall ride as near to the right side of the

roadway as practicable and shall exercise due care when passing a

standing vehicle or one proceeding in the same direction. A

motorcycle is entitled to full use of a lane, and a motor vehicle

shall not be driven in such a manner as to deprive a motorcycle of

the full use of a lane. This subsection does not apply to

motorcycles operated 2 abreast in a single lane.

(2) A person riding an electric personal assistive mobility

device, motorcycle, electric skateboard, or moped upon a roadway

shall not ride more than 2 abreast except on a path or part of a

roadway set aside for the exclusive use of those vehicles.

(3) Where a usable and designated path for bicycles is

provided adjacent to a highway or street, a person operating an

electric personal assistive mobility device or electric skateboard

may, by local ordinance, be required to use that path.

(4) A person operating a motorcycle, moped, low-speed vehicle,

electric personal assistive mobility device, or electric skateboard

shall not pass between lines of traffic, but may pass on the left

of traffic moving in his or her direction in the case of a 2-way

street or on the left or right of traffic in the case of a 1-way

street, in an unoccupied lane.

(5) A person operating an electric personal assistive mobility

device or electric skateboard on a sidewalk constructed for the use

of pedestrians shall yield the right-of-way to a pedestrian and

shall give an audible signal before overtaking and passing the

pedestrian.

(6) A moped, low-speed vehicle, or commercial quadricycle

shall not be operated on a sidewalk constructed for the use of

pedestrians.

(7) A low-speed vehicle or commercial quadricycle shall be

operated at a speed of not more than 25 miles per hour. A low-speed

vehicle shall not be operated on a highway or street with a speed

limit of more than 35 miles per hour except for the purpose of

crossing that highway or street. A commercial quadricycle shall not

be operated on a highway or street with a speed limit of more than

45 miles per hour except for the purpose of crossing that highway

or street. An individual shall not operate a commercial quadricycle

that is equipped with a motor unless he or she has a valid

operator's license issued under this act. The state transportation

department may prohibit the operation of a low-speed vehicle or

commercial quadricycle on any highway or street under its

jurisdiction if it determines that the prohibition is necessary in

the interest of public safety.

(8) This section does not apply to a police officer in the

performance of his or her official duties.

(9) An electric personal assistive mobility device shall be

operated at a speed of not more than 15 miles per hour and shall

not be operated on a highway or street with a speed limit of more

than 25 miles per hour except to cross that highway or street.

(10) An electric skateboard shall be operated at a speed of

not more than 25 miles per hour. ~~and~~ An electric skateboard that

does not have handlebars shall not be operated on a highway or

street with a speed limit of more than 25 miles per hour except to

cross that highway or street, and an electric skateboard equipped

with handlebars shall not be operated on a highway or street with a

speed limit of more than 45 miles per hour except to cross that

highway or street.

(11) The governing body of a county, a city, a village, an

entity created under the urban cooperation act of 1967, 1967 (Ex

Sess) PA 7, MCL 124.501 to 124.512, or a township may, by ordinance

based on the health, safety, and welfare of the citizens, regulate

the operation of electric personal assistive mobility devices,

electric skateboards, or commercial quadricycles on sidewalks,

highways or streets, or crosswalks. Except as otherwise provided in

this subsection, a governing body of a county, city, village,

entity created under the urban cooperation act of 1967, 1967 (Ex

Sess) PA 7, MCL 124.501 to 124.512, or township may prohibit the

operation of electric personal assistive mobility devices, electric

skateboards or commercial quadricycles in an area open to

pedestrian traffic adjacent to a waterfront or on a trail under its

jurisdiction or in a downtown or central business district. Signs

indicating the regulation shall be conspicuously posted in the area

where the use of an electric personal assistive mobility device,

electric skateboard, or commercial quadricycle is regulated.

(12) Operation of an electric personal assistive mobility

device or electric skateboard is prohibited in a special charter

city and a state park under the jurisdiction of the Mackinac Island

State Park commission.

(13) Operation of an electric personal assistive mobility

device or electric skateboard may be prohibited in a historic

district.

(14) The department of natural resources may by order regulate

the use of electric personal assistive mobility devices or electric

skateboards on all lands under its control.

Sec. 660d. (1) An individual may park a bicycle or an electric

skateboard equipped with handlebars on a sidewalk except as

prohibited by an official traffic control device.

(2) An individual shall not park a bicycle or an electric

skateboard equipped with handlebars on a sidewalk in such a manner

that the bicycle or electric skateboard equipped with handlebars

impedes the lawful movement of pedestrians or other traffic.

(3) An individual may park a bicycle or an electric skateboard

equipped with handlebars on a highway or street at any location

where parking is allowed for motor vehicles, may park at any angle

to the curb or the edge of the highway, and may park abreast of

another bicycle or electric skateboard equipped with handlebars.

(4) An individual shall not park a bicycle or an electric

skateboard equipped with handlebars on a highway or street in such

a manner as to obstruct the movement of a legally parked motor

vehicle.

(5) Except as otherwise provided in this section, an

individual parking a bicycle or an electric skateboard equipped

with handlebars on a highway or street shall do so in compliance

with this act and any local ordinance.

Sec. 667. (1) When a person driving a vehicle approaches a

railroad grade crossing under any of the following circumstances,

the driver shall stop the vehicle not more than 50 feet but not

less than 15 feet from the nearest rail of the railroad, and shall

not proceed until the driver can do so safely:

(a) A clearly visible electric or mechanical signal device

gives warning of the immediate approach of a railroad train or

other on-track equipment.

(b) A crossing gate is lowered or a flagman gives or continues

to give a signal of the approach or passage of a railroad train or

other on-track equipment.

within approximately 1,500 feet of the highway crossing gives a

signal audible from that distance, and the railroad train or on-

track equipment by reason of its speed or nearness to the crossing

is an immediate hazard.

(d) An approaching railroad train or other on-track equipment

is plainly visible and is in hazardous proximity to the crossing.

(2) A person shall not drive a vehicle through, around, or

under a crossing gate or barrier at a railroad crossing while the

gate or barrier is closed or is being opened or closed or against

the direction of a police officer.

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

civil infraction.

Sec. 668. (1) The state transportation department with respect

to highways under its jurisdiction , and the county road

commissions , and local authorities with ~~reference~~ respect to

highways under their jurisdiction , may designate certain grade

crossings of railways by highways as "stop" crossings, and erect

signs at the crossings notifying drivers of vehicles upon the

highway to come to a complete stop before crossing the railway

tracks. When a crossing is so designated and signposted as provided

in this subsection, the driver of a vehicle shall stop not more

than 50 feet but not less than 15 feet from the railway tracks. The

driver shall then traverse the crossing when it may be done in

safety.

(2) The state transportation department with respect to

highways under its jurisdiction , and the county road commissions ,

and local authorities with ~~reference~~ respect to highways under

their jurisdiction , may designate certain grade crossings of

railways by highways as yield crossings, and erect signs at the

crossings notifying drivers of vehicles upon the highway to yield.

Yield signs may be mounted on the same post as is the crossbuck

sign. Drivers of vehicles approaching a yield sign at the grade

crossing of a railway shall maintain a reasonable speed based upon

existing conditions and shall yield the right-of-way. The cost of

yield sign installations shall be borne equally by the railroad and

the governmental authority under whose jurisdiction the highway

rests. The erection of or failure to erect, replace, or maintain a

stop or yield sign or other railroad warning device, unless ~~such~~

~~devices or signs were~~ the device or sign was ordered by public

authority, ~~shall~~ is not be a basis for an action of negligence

against the state transportation department, county road

commissions, the railroads, or local authorities.

(3) If other on-track equipment does not trigger the

activation of an electric or mechanical signal device, and

employees of the railroad have followed all applicable railroad

operating rules, there is no basis for a civil action against the

railroad that operated the other on-track equipment, the state

transportation department, a county road commission, or a local

authority, or an employee or agent of the railroad that operated

the other on-track equipment, the state transportation department,

a county road commission, or a local authority.

(4) ~~(3)~~ A person who fails to stop or yield as required by

this section is responsible for a civil infraction.

Sec. 669. (1) Except as provided in subsections (2), (3), and

(4), the driver of a motor vehicle transporting 16 or more

passengers including the driver, a motor vehicle carrying

passengers for hire, or a motor vehicle that is required to be

marked or placarded under 49 CFR parts 100 to 180, before crossing

a railroad track at grade, shall activate the vehicle hazard

warning lights and stop the vehicle within 50 feet but not less

than 15 feet from the nearest rail. While stopped, the driver shall

listen and look in both directions along the track for an

approaching railroad train or other on-track equipment and for

signals indicating the approach of a railroad train or other on-

track equipment, and shall not proceed until the driver can do so

safely. After stopping as required in this subsection, and upon

proceeding when it is safe to do so, the driver of the vehicle

shall cross only in a gear of the vehicle that does not require

changing gears while traversing the crossing. The driver shall not

shift gears while crossing the track or tracks.

(2) A stop need not be made at a railroad track grade crossing

where a police officer or a traffic-control signal directs traffic

to proceed.

(3) A stop need not be made at an inactive railroad track

grade crossing. As used in this subsection, "inactive railroad

track" means a railroad track that meets all of the following

requirements:

(a) (i) The track has been covered or removed.

(b) (ii) All signs, signals, and other warning devices are

removed.

(4) A stop shall not be made at a railroad grade crossing

marked with a sign reading "exempt". Exempt signs may be erected

only by or with the consent of the state transportation department

after notice to and an opportunity to be heard by the primary

railroad operating over that crossing.

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

civil infraction.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.