September 13, 2017, Introduced by Reps. Miller and Maturen and referred to the Committee on Transportation and Infrastructure.
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 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, 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 authorized
emergency vehicle, the driver of the approaching vehicle shall
proceed with caution, reduce his or her speed to 1/2 of the posted
speed limit if the vehicle is traveling on a roadway other than a
limited access freeway, or, if the vehicle is traveling on a
limited access freeway, 45 miles per hour, 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 and reduce his or her speed to 1/2 of the
posted speed limit if the vehicle is traveling on a roadway other
than a limited access freeway, or, if the vehicle is traveling on a
limited access freeway, 45 miles per hour, 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
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
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.